Prior to December 15, which entities are required to submit the fixed tax declaration dossiers in Vietnam?

Prior to December 15, which entities are required to submit the fixed tax declaration dossiers in Vietnam?

Based on Clause 2, Article 44 of the Law on Tax Administration 2019, the timeline for submitting tax declaration dossiers for taxes calculated on a yearly basis is outlined as follows:

Deadline for submitting tax declaration dossiers

1. The deadline for submitting tax declaration dossiers for taxes declared monthly or quarterly is regulated as follows:

a) No later than the 20th day of the month following the month in which the tax obligation arises, for those filing and paying on a monthly basis;

b) No later than the last day of the first month of the subsequent quarter if the tax obligation arises on a quarterly basis.

2. The deadline for submitting tax declaration dossiers for taxes calculated on a yearly basis 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 finalization 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 finalization dossiers of individuals who directly finalize taxes;

c) No later than December 15 of the preceding year for the fixed tax declaration dossier of business households and individual businesses paying tax through the fixed method; in the case of new business households and individual businesses, the deadline for submitting the fixed tax declaration dossier is no later than 10 days from the commencement of business.

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According to the above regulation, by December 15, business households and individual businesses paying tax through the fixed method must submit their fixed tax declaration dossiers.

Business households and individual businesses paying tax through the fixed method are defined in Clause 8, Article 3 of Circular 40/2021/TT-BTC as business households and individual businesses that do not implement or inadequately implement accounting policies, invoices, and vouchers, except for those required to pay tax by the declaration method and individuals paying tax on each occurrence.

Note: For newly established business households and individual businesses, the deadline to submit the fixed tax declaration dossier is no later than 10 days from the business commencement date.

Prior to December 15, which entities are required to submit the fixed tax declaration dossiers in Vietnam? (Image from the Internet)

Vietnam: What does the fixed tax declaration dossier include?

Based on Clause 2, Article 13 of Circular 40/2021/TT-BTC, the management of tax for fixed households is stipulated as follows:

Tax management for fixed households

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2. Tax declaration dossier

a) From November 20 to December 5 each year, the tax authority distributes the tax declaration form for the following year to all fixed households.

b) The tax declaration dossier for fixed households is specified in point 8.1 Appendix I - List of tax declaration dossiers issued together with Decree No. 126/2020/ND-CP dated October 19, 2020, by the Government of Vietnam as the tax declaration form for business households and individual businesses according to form No. 01/CNKD issued along with this Circular.

c) In case the fixed household uses invoices provided by the tax authority, retailing per occurrence, when declaring taxes based on revenue on individual invoices, the household declares tax per occurrence and uses the tax declaration form for business households and individual businesses according to form No. 01/CNKD issued along with this Circular, while also presenting and submitting with the tax declaration dossier the following documents:

- A copy of the economic contract supplying goods and services of the same industry as the fixed household's business activities;

- A copy of the minutes of acceptance, liquidation of the contract;

- A copy of documents proving the origin of goods and services such as: A list of purchased agricultural goods if they are domestic agricultural goods; A list of goods bought, sold, or exchanged by border residents if they are imported by border residents; An invoice from the seller if they are imported goods purchased from domestic business organizations or individuals; related documents for proving if they are self-produced or self-provided goods by individuals;...

The tax authority has the right to request the presentation of the original document for verification and confirmation of the accuracy of the copy compared to the original.

3. Deadline for submitting tax declaration dossier

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Thus, according to the regulations mentioned above, the fixed tax declaration dossier includes:

(1) The tax declaration dossier for fixed households is the tax declaration form for business households and individual businesses according to form No. 01/CNKD: Download here

(2) For fixed households using invoices provided by the tax authority and retailing per occurrence, when declaring taxes based on revenue from individual invoices, the household declares tax per occurrence and uses the tax declaration form for business households and individual businesses according to form No. 01/CNKD issued along with the above-mentioned Circular 40/2021/TT-BTC while also presenting and submitting the following documents with the tax declaration dossier:

- A copy of the economic contract supplying goods and services of the same industry as the fixed household's business activities;

- A copy of the minutes of acceptance, liquidation of the contract;

- A copy of documents proving the origin of goods and services such as:

+ A list of purchased agricultural goods if they are domestic agricultural products;

+ A list of goods bought, sold, or exchanged by border residents if they are imported by border residents;

+ An invoice from the seller if they are imported goods purchased from domestic business organizations or individuals;

+ Related documents for proving if they are self-produced or self-provided goods by individuals;...

The tax authority has the right to request the presentation of the original document for verification and confirmation of the accuracy of the copy compared to the original.

Where to submit the fixed tax declaration dossier in Vietnam?

Pursuant to Article 45 of the Law on Tax Administration 2019, the specific regulations regarding the location for submitting tax declaration dossiers are as follows:

[1] Taxpayers submit tax declaration dossiers at their directly managing tax authorities.

[2] In case of submitting tax declaration dossiers through a one-stop-shop mechanism, the location for submitting tax declaration dossiers follows that mechanism's regulations.

[3] The location for submitting tax declaration dossiers for import-export goods is regulated by the Law on Customs.

[4] The Government of Vietnam regulates the location for submitting tax declaration dossiers in the following cases:

- Taxpayers with multiple production and business activities;

- Taxpayers conducting production and business activities in multiple locations; taxpayers incurring tax obligations for taxes declared and paid per occurrence;

- Taxpayers incurring tax obligations for revenues from land; granting rights to exploit water resources, mineral resources;

- Taxpayers incurring personal income tax settlement obligations;

- Taxpayers filing taxes via electronic transactions and other necessary cases.