Vietnam: When must the written request for an extension of the deadline for submitting tax declaration dossiers be submitted?

Vietnam: When must the written request for an extension of the deadline for submitting tax declaration dossiers be submitted?

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

Extension of the deadline for submitting tax declaration dossiers

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

2. The extension period shall not exceed 30 days for monthly, quarterly, annual tax declaration dossiers, and tax declaration dossiers arising from each tax obligation; 60 days for final settlement tax declaration dossiers from the date of the original deadline.

3. Taxpayers must submit a written request for an extension of the deadline for submitting tax declaration dossiers to the tax authority before the deadline, clearly stating the reasons for the extension request with confirmation from the commune People's Committee or the commune police where the condition for the extension arises as specified in Clause 1 of this Article.

4. Within 3 working days from the date of receiving the written request for an extension, the tax authority must respond in writing to the taxpayer regarding the acceptance or rejection of the request.

Taxpayers must submit the written request for an extension to the tax authority before the expiration of the deadline for submitting tax declaration dossiers.

The written request for an extension must clearly state the reasons for the extension with confirmation from the commune People's Committee or the commune police where the condition for the extension arises as specified in the regulations.

Vietnam: When must the written request for an extension of the deadline for submitting tax declaration dossiers be submitted? (Image from the Internet)

What is the time limit for submitting tax declaration dossiers in Vietnam?

According to Article 44 of the Law on Tax Administration 2019, the deadlines for submitting tax declaration dossiers for various types of taxes are as follows:

- The deadline for submitting tax declaration dossiers for taxes declared monthly or quarterly is defined as follows:

+ No later than the 20th day of the subsequent month for monthly declarations and payments;

+ No later than the last day of the first month of the subsequent quarter for quarterly declarations and payments.

- The deadline for submitting tax declaration dossiers for taxes calculated annually is defined as follows:

+ 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;

+ No later than the last day of the fourth month from the end of the calendar year for individual income tax finalization dossiers for individuals directly finalizing taxes;

+ No later than December 15 of the preceding year for the lump sum tax declaration dossiers of household businesses and individual businesses paying taxes by the lump sum method; if a household business or individual business starts a new business, the deadline for submitting tax declaration dossiers is no later than 10 days from the start of business.

- The deadline for submitting tax declaration dossiers for taxes declared and paid each time a tax obligation arises is no later than the 10th day from the date the tax obligation arises.

- The deadline for submitting tax declaration dossiers in case of cessation of activities, contract termination, or enterprise restructuring is no later than the 45th day from the event date.

- the Government of Vietnam stipulates the deadlines for submitting tax declaration dossiers for agricultural land use tax; non-agricultural land use tax; land levies; land rent, water surface rent; mineral exploitation rights fees; water resource exploitation rights fees; registration fees; business license fees; other financial obligations to the state budget as prescribed by law on management and use of public assets; and profit reporting of transnational businesses.

- The deadline for submitting tax declaration dossiers for export and import goods follows the provisions of the Customs Law 2014.

- In case taxpayers declare taxes through electronic transactions on the last day of the deadline for submitting tax declaration dossiers, and the tax authority's electronic portal encounters a technical issue, taxpayers may submit tax declaration dossiers and electronic tax payment documents on the following day when the electronic portal resumes operation.

Vietnam: Is there a late payment interest if the taxpayer pays tax behind extended deadline?

According to Clause 1, Article 59 of the Law on Tax Administration 2019, the provisions are as follows:

Handling late tax payments

1. Cases requiring late payment fees include:

a) Taxpayers who make late tax payments beyond the regulatory deadline, extended tax payment deadline, the deadline stated in the tax authority's notice, or the deadline in the tax determination or tax settlement decision by the tax authority;

b) Taxpayers who declare additional tax declarations increasing the payable tax amount or are discovered by the tax authority or competent state authority through inspection and audit to have declared insufficient tax shall pay late payment fees on the increased tax amount from the day following the regulatory tax payment deadline of the tax period with errors or the initial customs declaration deadline;

c) Taxpayers who declare additional tax declarations reducing the refunded tax amount or are discovered by the tax authority or competent state authority to have been refunded more tax than required shall pay late payment fees on the reclaimed refunded tax amount from the date of receiving the refund from the state budget;

d) Cases of installment payments of tax arrears as prescribed in Clause 5, Article 124 of this Law;

đ) Cases not subject to administrative penalties for tax management violations due to statute of limitations, but with tax arrears as prescribed in Clause 3, Article 137 of this Law;

e) Cases not subject to administrative penalties for tax management violations as prescribed in Clauses 3 and 4, Article 142 of this Law;

g) Organizations authorized by the tax authority to collect tax that delay transferring tax payments, late payment fees, or fines from taxpayers to the state budget shall pay late payment fees on the delayed transfer amount as prescribed.

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Taxpayers who make late tax payments beyond the extended tax payment deadline are subject to late payment fees.