Many businesses in Nha Trang (Khanh Hoa) have been forced to pay tax debts and have continuously petitioned the province to review the calculation of land rent according to regulations, but for more than 3 years now, the issue has not been resolved.
Hai Yen Hotel in Nha Trang (at 40 Tran Phu Street) has been demolished and the land has been leased to a business to implement the Tripocana Nha Trang project - Photo: PHAN SONG NGAN
After Tuoi Tre Online newspaper reported "Enforced tax collection, request to reclaim land of 11 companies with land tax arrears in Khanh Hoa", 7 companies in Nha Trang city sent a petition to Khanh Hoa provincial agencies requesting to recalculate land rent in accordance with Government regulations and the province's conclusion.
Businesses complain about sudden increase in land prices due to incorrect calculation of K coefficient
According to the petition of the 7 above enterprises, the annual land rent of the enterprise according to the announcement of the Khanh Hoa Provincial Tax Department on December 30, 2020 has increased dramatically from 520% to more than 1,300% compared to the previous land rent.
Among them, Tropical Company Limited, owner of the Tripocana Nha Trang commercial, tourism and serviced apartment complex project (abbreviated as Tripocana Nha Trang project, at the old Hai Yen hotel, 40 Tran Phu, Nha Trang city) has seen land rent increase by more than 520%.
Specifically, the annual land rent at Tripocana Nha Trang project ( 10,940.6m2 of commercial and service land, scale of 1,137 tourist apartments) increase from more than 5 billion VND to more than 26.15 billion VND.
At the same time, Tropical Company Limited is also one of 11 enterprises that the Khanh Hoa Provincial Tax Department has requested the province to reclaim land, due to failure to fulfill financial obligations regarding land (as of August 31, 2024, it still owes more than 72 billion VND in land tax).
According to the above enterprises, the reason for the sudden increase in land rent is due to the failure to apply the 2021 land price coefficient (K=2.4) in accordance with Government regulations and the conclusion of Khanh Hoa Provincial People's Committee.
Requesting to correct according to the conclusion of the Central Inspection Commission is also not allowed.
On October 25, 2022, Khanh Hoa Provincial People's Committee announced the conclusion on the settlement of the petition of Tropical Company Limited, related to the application of land prices, land price adjustment coefficients at Tripocana Nha Trang project and similar cases in the province.
Tripocana Nha Trang commercial, tourism and serviced apartment complex project is under construction - Photo: PHAN SONG NGAN
According to the conclusion, from January 10, 2021 onwards until the end of the land price stabilization cycle (5 years), the coefficient K = 2.4 will be applied. However, the Provincial Tax Department did not adjust the land price coefficient according to the province's conclusion but still implemented according to the old announcement with coefficient K = 4. Therefore, Tropical Company Limited continued to petition the Provincial Party Committee and Provincial People's Committee for consideration.
According to Mr. Tran Xuan Toan - Chairman of the Board of Members of Tropical Company Limited, the recalculation of land use fees and land rental for the Tripocana Nha Trang project, as notified by the province to the company, is in accordance with the announcement of the Central Inspection Committee on the conclusion of the inspection of a series of projects in Khanh Hoa.
For the Tripocana Nha Trang project, the province must collect 478 billion VND to remedy the consequences, because the province previously calculated land rent incorrectly.
Tropical Company Limited sent a document to the province to "request compliance with the conclusion of the Central Inspection Committee on land rent payment" (478 billion VND) but it was not resolved.
According to Mr. Toan, in July 2022, the Standing Committee of the Provincial Party Committee concluded and requested the Provincial People's Committee to consider and approve land prices and determine the financial obligations that the enterprise must pay "in the form of one-time land lease payment" for the Tripocana Nha Trang project, but up to now, the company has not received a decision on the form of project land lease.
On the afternoon of October 24, Tuoi Tre Online reporter called Deputy Director and Spokesperson of Khanh Hoa Provincial Tax Department Nguyen Kim Thai Linh to request information on why the Provincial Tax Department did not follow the announcement of the Provincial People's Committee from October 25, 2022 mentioned above on applying coefficient K = 2.4 to calculate land rental price at Tripocana project.
Ms. Linh suggested that the newspaper send a document to the provincial Tax Department for review and then respond with information later, because the incident happened in previous years and requires time to check. Tuoi Tre Online will update the content when the Khanh Hoa Tax Department responds.
Must wait for special resolution of National Assembly
On September 11, 2024, Khanh Hoa Provincial People's Committee continued to issue a document directing the resolution of petitions on determining financial obligations at the Tripocana Nha Trang project.
After that, the Department of Natural Resources and Environment reported (October 9) requesting the Provincial People's Committee to "allow the temporary suspension of land price determination to serve the remedial work for projects", including the Tripocana Nha Trang project.
Because the determination of land prices for the projects that need to be overcome must wait for the National Assembly's resolution on specific mechanisms and policies to remove difficulties and obstacles for projects and land in the inspection and examination conclusions in Ho Chi Minh City, Da Nang City and Khanh Hoa Province.
Source: https://tuoitre.vn/vi-sao-chu-du-an-o-nha-trang-xin-nop-tien-dat-theo-ket-luan-kiem-tra-khong-duoc-20241023170249769.htm
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