In which cases can a business establishment not receive a VAT refund but carry forward the tax amount of the investment project to the next period?
In which cases can a business not receive a VAT refund but transfer the tax amount of the investment project to the next period?. The issue of concern of Mr. Tran Dinh Ha (Do Luong commune, Nghe An)
Reply: According to Clause 3, Article 30 of Decree 181/2025/ND-CP, business establishments are not entitled to a value-added tax refund but are allowed to transfer the undeducted tax amount of the investment project according to the provisions of the law on investment to the next period in the following cases:
- The investment project of the business establishment does not contribute enough charter capital as registered at the time of submitting the tax refund application.
- Investment projects of business establishments in conditional investment and business sectors when they do not meet the business conditions prescribed by the law on investment, except for the case prescribed in Clause 2, Article 30 of Decree 181/2025/ND-CP.
- An investment project of a business establishment operating in a conditional business line that does not ensure that it maintains sufficient business conditions during its operation is an investment project of a business establishment operating in a conditional business line, but during its operation, the business establishment has one of its business licenses for the conditional business line revoked: License or certificate or confirmation or approval document; or during its operation, the business establishment does not meet the conditions for conducting conditional business investment according to the provisions of the law on investment, then the time when the value added tax is not refunded is calculated from the time when the business establishment has one of the above documents revoked or from the time when the competent State agency inspects and discovers that the business establishment does not meet the conditions for conditional business investment.
- Investment projects on exploitation of resources and minerals (excluding projects on exploration and development of oil and gas fields specified in Clause 1, Article 30 of Decree 181/2025/ND-CP and investment projects on production of products that are resources and minerals exploited and processed into other products specified in Clause 14, Article 4 of Decree 181/2025/ND-CP.
