What are deadlines for submission of tax declaration dossiers for individuals declaring tax directly in Vietnam?

What are deadlines for submission of tax declaration dossiers for individuals declaring tax directly in Vietnam?

Based on Article 44 of the 2019 Law on Tax Administration, the deadline for submitting tax declarations is stipulated as follows:

- The deadline for submitting tax declarations for taxes declared monthly or quarterly is regulated as follows:

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

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

- The deadline for submitting tax declarations for taxes calculated annually is stipulated 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 settlement declarations; no later than the last day of the first month of the calendar year or fiscal year for annual tax declarations;

+ No later than the last day of the fourth month from the end of the calendar year for individual income tax settlement declarations of individuals who directly settle taxes;

+ No later than December 15 of the preceding year for flat-rate tax declarations of household businesses, individual businesses paying flat-rate tax; in the case of new businesses, the deadline for submitting flat-rate tax declarations is no later than 10 days from the start of business.

- The deadline for submitting tax declarations for taxes declared and paid per each taxable event is no later than the 10th day from the occurrence of the taxable event.

- The deadline for submitting tax declarations in cases of cessation of operations, termination of contracts, or reorganization of businesses is no later than the 45th day from the event.

- In the case where the taxpayer files tax declarations electronically on the last day of the deadline, and the tax authority's electronic portal encounters issues, the taxpayer submits electronic tax declarations and payment documents the following day after the electronic portal resumes operation.

Therefore, it is evident that the deadline for individuals to directly settle taxes is no later than the last day of the fourth month from the end of the calendar year.

What are deadlines for submission of tax declaration dossiers for individuals declaring tax directly in Vietnam? (Image from the Internet)

Are individuals declaring personal income tax directly eligible for tax refunds in Vietnam?

Based on Article 28 of Circular 111/2013/TT-BTC, it is stipulated as follows:

Tax Refund

1. Personal income tax refunds are applied to individuals who have registered and have a tax identification number at the time of submitting the tax declaration dossiers.

2. For individuals who have authorized tax settlement to the income-paying organization, the individual's tax refund is processed through the income-paying organization. The organization offsets excess tax paid with outstanding tax. After offsetting, if any excess tax remains, it can be carried forward to the next period or refunded if requested.

3. Individuals filing directly with tax authorities can choose a refund or carry forward to the next period at the same tax authority.

4. In cases where individuals are eligible for a personal income tax refund but submit their tax settlement declarations late, penalties for late tax declaration submission will not be applied.

Therefore, individuals declaring personal income tax directly are eligible for tax refunds if they have registered and have a tax identification number at the time of submitting the tax declaration dossiers.

- Individuals can choose a refund or carry forward to the next period at the same tax authority.

- In cases where individuals are eligible for a personal income tax refund but submit their tax settlement declarations late, no administrative penalties for late tax settlement will be applied.

Do individuals declaring personal income tax directly need to submit tax refund claims in Vietnam?

Based on Clause 1, Article 42 of Circular 80/2021/TT-BTC, the stipulation is as follows:

Excess Payment Refund Documents

1. Personal income tax refund claims for income from wages and salaries

a) In cases where the income-paying organization or individual conducts tax settlement on behalf of the individuals with authorization

The documents include:

a.1) A request document for handling excess tax, late payment interest, and excess penalty as per form 01/DNXLNT attached to Annex I of this Circular;

a.2) An authorization document according to legal regulations if the taxpayer does not directly perform the refund procedures, except when tax agents submit refund documents under a contract signed between the tax agent and taxpayer;

a.3) A tax payment documents ledger as per form 02-1/HT attached to Annex I of this Circular (applicable to income-paying organizations and individuals).

b) In cases where individuals with income from wages, salaries directly settle taxes with tax authorities, have excess tax and request a refund on the personal income tax settlement declaration, no tax refund claims need to be submitted.

The tax authority will process the refund based on the personal income tax declaration dossiers to resolve excess payment refunds for the taxpayer as per regulations.

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Accordingly, in cases where individuals with income from wages and salaries directly settle taxes with the tax authority, if there is excess tax and they request a refund on the personal income tax settlement declaration, they do not need to submit tax refund claims.