How to handle the cases where a taxpayer finds that the requirements for quarterly declaration are not fulfilled in Vietnam?

How to handle the cases where a taxpayer finds that the requirements for quarterly declaration are not fulfilled in Vietnam?

According to point c, clause 2, Article 9 of Decree 126/2020/ND-CP, the provisions are as follows:

Criteria for Quarterly Tax Declaration for VAT and Personal Income Tax

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2. Taxpayers are responsible for self-determining whether they fall under the category of quarterly tax declarations to carry out tax declarations as prescribed.

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c) In the event that taxpayers self-detect they are ineligible for quarterly tax declarations, they must declare tax on a monthly basis from the first month of the following quarter. Taxpayers are not required to resubmit monthly tax declaration dossiers for the previous quarters, but they must submit a Statement of Additional Monthly Tax Amounts compared to those declared quarterly as stipulated in Annex I issued together with this Decree and must calculate late payment interest as prescribed.

d) In the event that the tax authority detects that taxpayers are ineligible for quarterly tax declarations, the tax authority must re-determine the additional monthly tax amounts compared to those taxpayers have declared and must calculate late payment interest as prescribed. Taxpayers must carry out tax declarations on a monthly basis from the time they receive the document from the tax authority.

Taxpayers are responsible for self-determining whether they fall under the category of quarterly tax declarations to carry out tax declarations as prescribed.

However, if VAT taxpayers self-detect they are ineligible for quarterly tax declarations, they need to declare tax on a monthly basis from the first month of the following quarter.

Taxpayers are not required to resubmit monthly tax declaration dossiers for the previous quarters but must submit a Statement of Additional Monthly Tax Amounts compared to those declared quarterly as stipulated in Annex I issued together with Decree 126/2020/ND-CP and must calculate late payment interest as prescribed.

If the tax authority detects that taxpayers are ineligible for quarterly tax declarations, the tax authority must re-determine the additional monthly tax amounts compared to those taxpayers have declared and must calculate late payment interest as prescribed.

Taxpayers must carry out tax declarations on a monthly basis from the time they receive the document from the tax authority.

How to handle the cases where a taxpayer finds that the requirements for quarterly declaration are not fulfilled in Vietnam? (Image from the Internet)

When is the deadline for submission of tax declaration dossiers of taxes declared quarterly?

According to Article 44 of the Law on Tax Administration 2019, the deadline for submission of tax declaration dossiers is stipulated as follows:

Deadline for submission of tax declaration dossiers

1. The deadline for submission of tax declaration dossiers for taxes declared monthly and quarterly is as follows:

a) No later than the 20th of the following month for monthly declarations and submissions;

b) No later than the last day of the first month of the following quarter for quarterly declarations and submissions.

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Accordingly, the deadline for submission of tax declaration dossiers of taxes declared quarterly is the last day of the first month of the following quarter in which the tax obligation arises.

Example: The deadline for submitting the quarterly VAT tax declaration dossier for the third quarter tax period of 2024 is October 31, 2024.

When shall the submission deadline of tax declaration dossier be extended in Vietnam?

According to Article 46 of the Law on Tax Administration 2019, the provisions are as follows:

Extension of Tax Declaration Dossier Submission Deadlines

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

2. The extension period shall not exceed 30 days for monthly, quarterly, annual tax declarations, and declarations for sporadic tax obligations; 60 days for tax finalization declaration dossiers from the date the original deadline for submission expired.

3. Taxpayers must send a written request for an extension to the tax authority before the original submission deadline, specifying the reason for the extension request and having it confirmed by the commune-level People's Committee or Police where the extension circumstance arises as stipulated in clause 1 of this Article.

4. Within 3 working days from the date of receipt of the written request for an extension, the tax authority must respond in writing to the taxpayer about whether the extension request is accepted or not.

Accordingly, when taxpayers are unable to submit tax declaration dossiers on time due to natural disasters, catastrophes, epidemics, fires, or unexpected accidents, they will be granted an extension by the direct managing tax authority head.

In addition, taxpayers must send a written request for an extension to the tax authority before the original submission deadline, specifying the reason for the extension request and having it confirmed by the commune-level People's Committee or Police where the extension circumstance arises.

Note: The extension period shall not exceed 30 days for monthly and quarterly tax declaration dossiers from the original submission deadline.