Form 05/KK-TNCN: Declaration of Personal Income Tax for Organizations and Individuals Paying Income from Wages and Salaries
Form 05/KK-TNCN Personal Income Tax Declaration for Organizations, Persons Paying Income from Wages and Salaries in Vietnam
The personal income tax declaration with income from wages and salaries is Form 05/KK-TNCN issued together with Circular 80/2021/TT-BTC, formatted as follows:
Download Form 05/KK-TNCN: Here
Note:
- This declaration form applies only to organizations and persons arising to pay income from wages and salaries to persons within the month/quarter, regardless of whether tax withholding arises or not.
- The monthly tax declaration period applies to organizations and persons paying income with total sales revenue from goods and service provision of the preceding year exceeding 50 billion VND or in case the organization or individual paying income chooses to declare tax monthly.
- The quarterly tax declaration period applies to organizations and persons paying income with total sales revenue from goods and service provision of the preceding year falling to 50 billion VND or less, including organizations and persons paying income without arising sales revenue from goods and service provision.
Form 05/KK-TNCN Personal Income Tax Declaration for Organizations, Persons Paying Income from Wages and Salaries in Vietnam (Image from the Internet)
When to Submit the Tax Declaration Dossier in Vietnam?
Based on Article 44 of the Tax Administration Law 2019 as follows:
Deadline for submission of tax declaration dossiers
1. The deadline for submission of monthly, quarterly tax declaration dossiers is regulated as follows:
a) No later than the 20th day of the following month for cases of monthly declaration and payment;
b) No later than the last day of the first month of the following quarter for cases of quarterly declaration and payment.
2. The deadline for submission of tax declaration dossiers with an annual tax calculation period is regulated as follows:
a) No later than the last day of the third month from the end of the calendar year or fiscal year for annual tax settlement dossiers; no later than the last day of the first month of the calendar year or fiscal year for annual tax declaration dossiers;
b) No later than the last day of the fourth month from the end of the calendar year for personal income tax settlement dossiers of persons directly settling taxes;
c) No later than December 15 of the preceding year for estimated tax declaration dossiers by household businesses, individual businesses submitting taxes based on estimation; in cases of new household businesses, individual businesses, the deadline for submission is no later than 10 days from the start of business.
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The deadline for submission of monthly, quarterly tax declaration dossiers is regulated as follows:
- No later than the 20th day of the following month for cases of monthly declaration and payment;
- No later than the last day of the first month of the following quarter for cases of quarterly declaration and payment.
Penalties for Failing to Submit Personal Income Tax Declarations in Vietnam
Based on the provisions of Article 13 Decree 125/2020/ND-CP, acts of late submission, non-submission of personal income tax declarations will be fined warnings or fined from 2 to 25 million VND, depending on the level of violation. Specifically:
| No. | Act | Fine Amount | Remedial Measures |
|---|---|---|---|
| 1 | Overdue from 1 to 5 days with mitigating circumstances | Warning | Must fully pay the late tax amount into the budget in case the taxpayer delays submission leading to late tax payment |
| 2 | Overdue from 1 to 30 days, except case (1) | From 2 to 5 million VND | Must fully pay the late tax amount into the budget in case the taxpayer delays submission leading to late tax payment |
| 3 | Overdue from 31 to 60 days | From 5 to 8 million VND | Must fully pay the late tax amount into the budget in case the taxpayer delays submission leading to late tax payment |
| 4 | Overdue from 61 to 90 days | From 8 to 15 million VND | Must fully pay the late tax amount into the budget in case the taxpayer delays submission leading to late tax payment |
| 5 | Overdue from 91 days or more without arising taxes to be paid | From 8 to 15 million VND | Must fully pay the late tax amount into the budget in case the taxpayer delays submission leading to late tax payment |
| 6 | Non-submission but without arising taxes to be paid | From 8 to 15 million VND | - Must fully pay the late tax amount into the budget in case the taxpayer delays submission leading to late tax payment - Must submit the tax declaration dossier for cases of non-submission |
| 7 | - Overdue more than 90 days - Taxes arise and the taxpayer has fully paid taxes and late charges into the state budget before the tax office announces the tax inspection or makes an official record of delayed tax declaration acts |
- From 15 to 25 million VND - If the fine amount exceeds the tax arising on the tax declaration, the maximum fine is the arising tax amount to be paid on the tax declaration but not less than 11.5 million VND |
Must fully pay the late tax amount into the budget in case the taxpayer delays submission leading to late tax payment |
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