What are details of the Statement of Vietnam Fatherland Front's Agribank and State Treasury account on donations on September 14th? Is there late payment penalty for tax payment in case there is natural disaster in Vietnam?

What are details of the Statement of Vietnam Fatherland Front's Agribank and State Treasury account on donations on September 14th?

As of 4:00 PM on September 13, 2024, the amount of money that organizations and individuals have transferred to the "Aids" Fund of Hanoi City is over 56 billion VND through three forms: Cash, bank transfer via Agribank account, and State Treasury.

Download the Statement of Vietnam Fatherland Front's Agribank and State Treasury account on donations supporting Typhoon No. 3: View

What are details of the Statement of Vietnam Fatherland Front's Agribank and State Treasury account on donations on September 14th? Is there late payment penalty for tax payment in case there is natural disaster in Vietnam?​ (Image from the Internet)

Is there late payment penalty for tax payment in case there is natural disaster in Vietnam?

Based on Clause 5, Article 59 of the 2019 Tax Administration Law:

Handling of late tax payment

...

5. No penalties for late tax payment in the following cases:

a) Taxpayers providing goods and services funded by the state budget, including subcontractors stipulated in contracts with investors and paid directly by investors but not yet paid, shall not be subject to late payment penalties.

The overdue tax amount not subject to late payment penalties is the total tax amount owed to the state budget by the taxpayer but does not exceed the unpaid amount of the state budget;

b) The cases prescribed at point b, clause 4, Article 55 of this Law are not subject to late payment penalties while awaiting analysis and inspection results, while there is no official price, or while foreign payments and other customs value adjustments have not yet been determined.

6. No penalties for late payment in cases of debt clearance stipulated in Article 83 of this Law.

7. Taxpayers who supplement tax declarations to reduce payable tax amounts, or when the tax authority or competent state authority detects and audits discovering reduced payable tax amounts, will have the late payment penalties adjusted according to the reduced differential amount.

8. Taxpayers subject to late payment penalties as per Clause 1 of this Article are exempt from late tax payment penalties in force majeure cases defined in Clause 27, Article 3 of this Law.

9. The Minister of Finance prescribes the procedures for handling late tax payment penalties.

Simultaneously, referring to Clause 27, Article 3 of the 2019 Tax Administration Law:

Interpretation of terms

In this Law, the following terms are understood as:

...

27. Force majeure cases include:

a) Taxpayers suffering material damage caused by natural disasters, catastrophes, epidemics, fires, unexpected accidents;

b) Other force majeure cases as prescribed by the Government of Vietnam.

Thus, taxpayers subject to late payment penalties but suffering from catastrophic events will be exempt from late payment penalties.

What are procedures for requesting non-penalization for late tax payments due to natural disaster in Vietnam?

Based on Article 22 of Circular 80/2021/TT-BTC, the procedure, sequence, and dossier for requesting non-penalization for late tax payments are as follows:

• The time for non-penalization for late tax payment in the cases specified at point a, clause 5, Article 59 of the 2019 Tax Administration Law is calculated from the date the state budget-using unit should have paid the taxpayer but has not done so, until the date the state budget-using unit pays the taxpayer.

• Procedure, sequence, dossier for requesting non-penalization for late payments in the case specified at point a, clause 5, Article 59 of the 2019 Tax Administration Law. To be specific:

- Sequence of steps:

Step 1: The taxpayer prepares a dossier requesting non-penalization for late payment and submits it to the direct managing tax authority or the tax authority managing state budget revenues.

Step 2: If the dossier requesting non-penalization for late payment is not complete according to regulations, within 03 working days from the receipt of the dossier, the tax authority must issue a written notice requesting the taxpayer to clarify or supplement the dossier.

If the dossier requesting non-penalization for late payment is complete, within 10 working days from the receipt of the dossier, the tax authority issues a notice of non-acceptance for non-penalization of late payment in cases not subject to non-penalization or a notice of acceptance for non-penalization of late payment in cases subject to non-penalization.

- Dossier requesting non-penalization for late payment:

+ A written request for non-penalization for late payment using form No. 01/KTCN issued with Appendix 1 of Circular 80/2021/TT-BTC;

+ A document certified by the state budget-using unit indicating that the taxpayer has not been paid according to form No. 02/KTCN issued with Appendix 1 of Circular 80/2021/TT-BTC (original or certified copy);

+ Contract for the supply of goods and services signed with the investor (original or certified copy).