What are the cases of using the CIT declaration form - Form 06/TNDN in Vietnam?

What are the cases of using the CIT declaration form - Form 06/TNDN in Vietnam?

Form 06/TNDN issued with Circular 80/2021/TT-BTC is the corporate income tax declaration form applied to selling the entire enterprise by capital transfer associated with real estate as follows:

Download the CIT declaration form - Form 06/TNDN: Here

What are the cases of using the CIT declaration form - Form 06/TNDN in Vietnam? (Image from the Internet)

What is the declaration of CIT for selling the entire enterprise by capital transfer associated with real estate in Vietnam?

Under Clause 4, Article 8 of Decree 126/2020/ND-CP:

Taxes declared monthly, quarterly, annually, separately; tax finalization

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4. The following taxes and other amounts shall be declared separately:

a) VAT payable by taxpayers specified in Clause 3 Article 7 of this Decree or taxpayers that declare VAT directly on added value as prescribed by VAT laws and also incur VAT on real estate transfer.

b) Excise tax incurred by exporters on goods that are sold domestically instead of being exported if excise tax is not paid during manufacture of such goods. Excise tax incurred by business establishments buying domestically manufactured motor vehicles, airplanes, yachts that were originally not subject to excise tax but then repurposed and become subject to excise tax.

c) Tax on exports and imports, including: export duty, import duty, safeguard duty, anti-dumping tax, countervailing duty, excise tax, environment protection tax, VAT. The Ministry of Finance shall specify the cases in which separate declaration of tax on exports and imports is not required.

d) Resource royalty payable by the organization assigned to sell confiscated resources; resource royalty on irregular resource extraction licensed by competent authorities or exempt from licensing as prescribed by law.

dd) Irregular VAT and corporate income tax incurred by payable by taxpayers paying tax directly on value added and revenue as prescribed by VAT and corporate income tax laws. In case these taxes are incurred multiple times within a month, they may be declared monthly.

e) Corporate income tax on real estate transfer incurred by taxpayers paying tax directly on revenue under corporate income tax laws.

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Thus, CIT for selling the entire enterprise by capital transfer associated with real estate in Vietnam shall be declared separately.

What is the deadline for submitting the CIT declaration dossier for selling the entire enterprise by capital transfer associated with real estate in Vietnam?

Under Article 44 of the Law on Tax Administration 2019:

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.

5. The Government shall specify the deadlines for submission of statements of farming land levies, non-farming land levies; land levies; land rents, water surface rents; mineral extraction licensing fee; water resource extraction licensing fee; registration fee; licensing fees; other amounts payable to state budget in accordance with regulations of law on management and use of public property; multinational profit reports.

6. Deadlines for submission of customs dossiers of exports and imports are specified by the Law on Customs.

7. In case a taxpayer declares tax electronically on the last day of the time limit for declaration and the information portal of the tax authority is not functional, the taxpayer may submits the electronic declaration on the next day after the online portal is functional again.

Thus, the deadline for submitting the CIT declaration dossier for selling the entire enterprise by capital transfer associated with real estate in Vietnam is the 10th day from the day on which tax is incurred.