Cases eligible for deadline extension of terminal tax declaration dossier in Vietnam

What documents are included in the terminal tax declaration dossier?

Based on the provisions of Article 43 of the Law on Tax Administration 2019 regarding tax declaration dossiers as follows:

Article 43. Tax declaration dossiers

1. The tax declaration dossier for taxes declared and paid monthly includes the monthly tax return.

2. The tax declaration dossier for taxes declared and paid quarterly includes the quarterly tax return.

3. The tax declaration dossier for taxes calculated annually includes:

a) The annual tax declaration dossier includes the annual tax return and other documents related to determining the tax amount payable;

b) The terminal tax declaration dossier includes the annual tax finalization return, the annual financial statement, the transfer pricing declaration; other documents related to tax finalization.

4. The tax declaration dossier for taxes declared and paid each time a tax obligation arises includes:

a) Tax return;

b) Invoice, contract, and other documents related to the tax obligation as prescribed by law.

5. For exported and imported goods, the customs dossier as prescribed by the Customs Law is used as the tax declaration dossier.

6. Tax declaration dossiers for the termination of activities, contract termination, conversion of business type, or reorganization of enterprises include:

a) Tax finalization return;

b) Financial statement up to the point of activity termination, contract termination, conversion of business type, or reorganization of enterprises;

c) Other documents related to tax finalization.

7. A country-by-country report where the taxpayer is the ultimate parent company of a multinational corporation in Vietnam that engages in cross-border related transactions and has a global consolidated revenue exceeding the prescribed level or the taxpayer whose ultimate parent company abroad has the obligation to prepare a country-by-country report as required by the host country's regulations.

8. The Government of Vietnam provides detailed regulations on tax declaration dossiers under this Article; regulations on taxes declared monthly, quarterly, annually, or each time a tax obligation arises, tax finalization declaration; declaration of fees and charges collected by the representative organs of the Socialist Republic of Vietnam overseas; declaration, provision, exchange, use of information with respect to country-by-country reports; criteria to determine taxpayers for quarterly tax declaration.

Thus, the terminal tax declaration dossier includes:

- Annual tax finalization return,

- Annual financial statement,

- Transfer pricing declaration,

- Other documents related to tax finalization.

What are cases eligible for deadline extension of terminal tax declaration dossier in Vietnam? (Image from Internet)

Where to submit the terminal tax declaration dossier in Vietnam?

Based on the provisions of Article 45 of the Law on Tax Administration 2019 regarding the submission location of tax declaration dossiers as follows:

Article 45. Submission location of tax declaration dossiers

1. Taxpayers submit tax declaration dossiers to the directly managing tax office.

2. In cases where tax declaration dossiers are submitted under a one-stop-shop mechanism, the submission location shall comply with the provisions of that mechanism.

3. The submission location for tax declaration dossiers for exported and imported goods shall comply with the Customs Law.

4. The Government of Vietnam stipulates submission locations for tax declaration dossiers in the following cases:

a) Taxpayer has multiple production and business activities;

b) Taxpayer engages in production, business activities in multiple locations; taxpayer has tax obligations for types of taxes declared and paid each time they arise;

c) Taxpayer has tax obligations for revenues from land; granting the right to exploit water resources, mineral resources;

d) Taxpayer has tax obligations concerning personal income tax finalization;

e) Taxpayer submits tax declarations electronically and other necessary cases.

Hence, taxpayers submit the terminal tax declaration dossier to the directly managing tax office.

Note: In cases where the tax finalization dossier is submitted at the end of the year under a one-stop-shop mechanism, the location for submitting tax declaration dossiers shall comply with the provisions of that mechanism.

What are cases eligible for deadline extension of terminal tax declaration dossier in Vietnam?

Based on the provisions of Article 46 of the Law on Tax Administration 2019 regarding the extension of tax declaration dossier submission as follows:

Article 46. Extension of tax declaration dossier submission

1. Taxpayers who are unable to submit tax declaration dossiers on time due to natural disasters, catastrophes, epidemics, fires, unexpected accidents, will be granted an extension by the head of the directly managing tax office.

2. The extension period does not exceed 30 days for submitting monthly, quarterly, annual tax declarations, taxes declared each time they arise; 60 days for submitting tax finalization dossiers from the due date of filing the tax declaration.

3. Taxpayers must send to the tax office a written request for an extension to submit the tax declaration dossier before the deadline, clearly stating the reason for the extension request with confirmation from the commune-level People's Committee or police of the locality where the extension was granted as prescribed in Clause 1 of this Article.

4. Within 3 working days from receiving the written request for an extension to submit the tax declaration dossier, the tax office must provide a written response to the taxpayer about whether the extension is approved or not.

Therefore, taxpayers who are unable to submit the terminal tax declaration dossier on time due to natural disasters, catastrophes, epidemics, fires, unexpected accidents will be granted an extension by the head of the directly managing tax office.