What is the deadline for submission of monthly tax declaration dossiers in Vietnam?

What is the deadline for submission of monthly tax declaration dossiers in Vietnam?

Under Article 44 of the Tax Administration Law 2019, the regulation is as follows:

Deadlines for submission of tax declaration dossiers

1. Deadlines for submission of tax declaration dossiers of taxes declared monthly and quarterly:

a) For taxes declared monthly: the 20th of the month succeeding the month in which tax is incurred;

b) For taxes declared quarterly: the last day of the first month of the succeeding quarter.

2. For taxes declared annually:

a) For annual tax statement dossiers: the last day of the 3rd month from the end of the calendar year or fiscal year. For annual tax declaration dossiers: the last day of the first month from the end of the calendar year or fiscal year

b) For annual personal income tax statements prepared by income earners: the last day of the 4th month from the end of the calendar year;

c) For presumptive tax declarations prepared by household businesses and individual businesses: the 15th of December of the preceding year. For new household businesses and individual businesses: within 10 days from the date of commencement of the business.

3. For declaration of taxes that are declared and paid upon incurrence: the 10th day from the day on which tax is incurred.

4. For tax declaration dossiers upon shutdown, contract termination, business conversion or business re-arrangement: the 45th day from the occurrence of the event.

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Thus, the deadline for submission of monthly tax declaration dossiers in Vietnam is no later than the 20th of the month succeeding the month in which tax is incurred.

What is the deadline for submission of monthly tax declaration dossiers in Vietnam? (Image from the Internet)

Which taxes are declared monthly in Vietnam?

According to Clause 1, Article 8 of Decree No. 126/2020/ND-CP, the following taxes AND other amounts collected by tax authorities have to be declared monthly:

(1) Value-added tax (VAT), personal income tax. Taxpayers who satisfy the requirements specified in Article 9 of Decree No. 126/2020/ND-CP may declare these taxes quarterly.

(2) Excise duty.

(3) Environment protection tax.

(4) Resource royalty, except that specified in (6)

(5) Fees and charges payable to state budget (except those collected by diplomatic missions of Vietnam as prescribed in Article 12 of Decree No. 126/2020/ND-CP; customs fees, goods, luggage and vehicle transit charges).

(6) For extraction and sale of natural gas: resource royalty; corporate income tax; special tax of Vietsovpetro JV in block 09.1of Vietnam - Russia Agreement dated December 27, 2010 on cooperation in geological survey and petroleum extraction in the continental shelves of the Socialist Republic of Vietnam by Vietsovpetro JV; profit on natural gas received by the host country.

Can taxpayers in Vietnam apply for extension of the deadline for submitting tax declarations?

Under the provisions of Article 46 of the Tax Administration Law 2019, the regulations on the deadline extension are as follows:

Deadline extension

1. In case a taxpayer is unable to submit the tax declaration dossier by the deadline due to a natural disaster, epidemic, fire or accident, the head of the supervisory tax authority will consider extending the deadline for submission.

2. The deadline shall be extended for up to 30 more days for monthly, quarterly, annual declarations and declaration upon tax incurrence; 60 more days for terminal tax declaration.

3. The taxpayer shall send a written request for deadline extension to the tax authority before the deadline, provide explanation and confirmation by the People’s Committee or police authority of the commune in which the event mentioned in Clause 1 of this Article occurred.

4. Within 03 working days from the day on which the taxpayer’s request is received, the tax authority shall inform the taxpayer in writing of whether such request is granted.

Therefore, in case a taxpayer is unable to submit the tax declaration dossier by the deadline due to a natural disaster, epidemic, fire or accident, the head of the supervisory tax authority will consider extending the deadline for submission.

Note: The deadline shall be extended for up to 30 more days for monthly, quarterly, annual declarations and declaration upon tax incurrence; 60 more days for terminal tax declaration.