What are 02 cases of handling in case a taxpayer finds that the requirements for quarterly declaration are not fulfilled in Vietnam?

What are 02 cases of handling in case a taxpayer finds that the requirements for quarterly declaration are not fulfilled in Vietnam?

Pursuant to Clause 2, Article 9 of Decree 126/2020/ND-CP, it is stipulated as follows:

Criteria for quarterly tax declaration for value-added tax and personal income tax

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2. Taxpayers are responsible for self-determining whether they are subject to quarterly tax declaration to comply with tax declaration regulations.

a) Taxpayers who meet the criteria for quarterly tax declaration may choose to declare taxes monthly or quarterly consistently for the entire calendar year.

b) In the case where taxpayers are currently declaring taxes monthly, if they qualify for quarterly tax declaration and choose to shift to quarterly declaration, they must submit a written request as stipulated in Appendix I issued with this Decree to propose to change the tax calculation period to the direct managing tax authority no later than January 31 of the year starting quarterly tax declaration. If after this deadline the taxpayer does not send a document to the tax authority, the taxpayer will continue to carry out stable monthly tax declaration for the entire calendar year.

c) If taxpayers self-discover that they do not meet the conditions for quarterly tax declaration, they must declare taxes monthly starting from the first month of the following quarter. Taxpayers are not required to resubmit the monthly tax declaration dossiers of the previous quarters but must submit a Statement of Determination of the Additional Monthly Tax Amount Compared to the Quarterly Declaration specified in Appendix I issued with this Decree and must calculate late payment interest as prescribed.

d) If the tax authority discovers that the taxpayer does not meet the conditions for quarterly tax declaration, the tax authority must recalculate the additional monthly tax amount compared to the amount declared by the taxpayer and calculate late payment interest as prescribed. The taxpayer must declare taxes monthly starting from the time of receiving the tax authority's document.

in case a taxpayer finds that the requirements for quarterly declaration are not fulfilled, it is handled in the following two cases:

(1) The taxpayer self-discovers that they do not meet the conditions for quarterly tax declaration:

The taxpayer must declare taxes monthly starting from the first month of the following quarter. They are not required to resubmit the monthly tax declaration dossiers of the previous quarters but must submit the Statement of Determination of the Additional Monthly Tax Amount Compared to the Quarterly Declaration as stipulated in Appendix I issued with this Decree and must calculate late payment interest as prescribed.

(2) The tax authority discovers that the taxpayer does not meet the conditions for quarterly tax declaration:

The tax authority must recalculate the additional monthly tax amount compared to the amount declared by the taxpayer and calculate late payment interest as prescribed. The taxpayer must declare taxes monthly starting from the time of receiving the tax authority's document.

What are 02 cases of handling in case a taxpayer finds that the requirements for quarterly declaration are not fulfilled in Vietnam? (Image from Internet)

What is the deadline for submitting quarterly VAT tax declaration dossiers in Vietnam?

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

Deadline for submitting tax declaration dossiers

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

a) No later than the 20th of the following month in the case of declaration and payment monthly;

b) No later than the last day of the first month of the following quarter in the case of declaration and payment quarterly.

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Therefore, the deadline for submitting quarterly VAT tax declaration dossiers is the last day of the first month of the following quarter after the quarter in which the tax obligation arises.

Example: The deadline for submitting quarterly VAT tax declaration dossiers for the tax period of Quarter 3, 2024 is October 31, 2024.

When is the submission of tax declaration dossiers extended in Vietnam?

Based on Article 46 of the Law on Tax Administration 2019, it is stipulated as follows:

Extension of submission of tax declaration dossiers

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

2. The extension period shall not exceed 30 days for submitting monthly, quarterly, annual tax declaration dossiers, or tax declaration dossiers on each occasion when a tax obligation arises; 60 days for submitting tax finalization declaration dossiers from the date the tax declaration dossier submission period expires.

3. Taxpayers must send a written request for extension to the tax authority before the tax declaration dossier submission deadline, clearly stating the reason for requesting the extension with confirmation from the commune-level People's Committee or municipal police, ward, commune-level town where the case subject to the extension stipulation in Clause 1 of this Article occurred.

4. Within 3 working days from the date of receiving the extension request document, the tax authority must respond in writing to the taxpayer about accepting or not accepting the extension of the submission of tax declaration dossiers.

Thus, when taxpayers are unable to submit tax declaration dossiers on time due to natural disasters, calamities, epidemics, fires, unexpected accidents, the head of the directly managing tax authority shall grant an extension for the submission of tax declaration dossiers.

Additionally, taxpayers must send a written request for the extension of the submission of tax declaration dossiers to the tax authority before the tax declaration submission deadline, clearly stating the reason for the extension request with the confirmation of the commune-level People's Committee or municipal police, ward, commune-level town where the case subject to the extension occurred.

Note: The extension period shall not exceed 30 days for the submission of monthly, quarterly tax declaration dossiers from the date the tax declaration dossier submission period expires.