What are the cases of tax charge-off in Vietnam?

What are the cases of tax charge-off in Vietnam?

According to Article 83 of the Law on Tax Administration 2019, the cases of tax charge-off in Vietnam include:

(1) The taxpayer is dead or declared dead, missing or incapacitated by the court.

(2) The taxpayer submits a dissolution decision to the tax authority or business registration authority, the business registration authority has posted a notice on the national business registration portal but the taxpayer has not completed the dissolution procedures.

(3) The taxpayer has filed for bankruptcy or requested to file for bankruptcy in accordance with bankruptcy laws.

(4) The taxpayer no longer does business at the registered address, the tax authority and the People’s Committee of the commune has confirmed that the taxpayer is no longer present in the area and made a nationwide announcement that the taxpayer or the taxpayer’s legal representative is not present at the registered address.

(5) The taxpayer’s certificate of business registration, certificate of enterprise registration, certificate of cooperative registration, license for establishment and operation or practice certificates has been revoked by a competent authority, whether such revocation is requested by the tax authority or not.

What are the cases of tax charge-off in Vietnam? (Image from the Internet)

What does the documentation for tax charge-off in Vietnam include?

As stipulated in Clause 1, Article 23 of Decree 126/2020/ND-CP, the documents required for tax charge-off are:

- In the cases specified in Clause 1 Article 83 of the Law on Tax Administration 2019: The death certificate, death notice or their substitutes prescribed by civil registration laws; the court’s declaration that a person is dead, missing or incapacitated (original copy, extracted copy from master register or authenticated copy).

- In the cases specified in Clause 2 Article 83 of the Law on Tax Administration 2019: The taxpayer’s decision on dissolution and information about the taxpayer’s name, enterprise ID number, the time of the business registration authority publishes information about the taxpayer’s undergoing dissolution on the National Enterprise Registration Information System.

- In the cases specified in Clause 3 Article 83 of the Law on Tax Administration 2019: The court’s notification of receipt of the taxpayer’s petition for bankruptcy (original copy, extracted copy from master register or authenticated copy).

- In the cases specified in Clause 4 Article 83 of the Law on Tax Administration 2019: The written confirmation sent by the tax authority to the People’s Committee of the commune where the taxpayer’s is headquartered that the taxpayer is no longer operating at the registered address and the tax authority’s notice that the taxpayer is no longer operating at the registered (original copy, extracted copy from master register or authenticated copy).

- In the cases specified in Clause 5 Article 83 of the Law on Tax Administration 2019: the written request of the tax authority or another competent authority for revocation of the certificate of business registration, certificate of enterprise registration, certificate of cooperative registration, certificate of household business registration, establishment and operation license or certificate of branch/representative office registration (original copy, extracted copy from master register or authenticated copy).

What is the tax charge-off time in Vietnam?

According to Clause 2, Article 23 of Decree 126/2020/ND-CP, the tax charge-off time is:

- In the cases specified in Clause 1 Article 83 of the Law on Tax Administration 2019: The issuance date of the death certificate, death notice or their substitutes prescribed by civil registration laws; From the issuance date of the court’s declaration that a person is dead, missing or incapacitated to the date on which the court issues a decision to cancel such declaration.

- In the cases specified in Clause 2 Article 83 of the Law on Tax Administration 2019: From the day on which the business registration authority publishes information about the taxpayer’s undergoing dissolution on the National Enterprise Registration Information System to the date of business resumption or the date of completion of dissolution procedures or the date of debt cancellation.

- In the cases specified in Clause 3 Article 83 of the Law on Tax Administration 2019: From the date of issuance of the court’s notification of receipt of the taxpayer’s petition for bankruptcy or the day on which the taxpayer sends the petition for bankruptcy to a competent authority while following debt payment and settlement procedures as prescribed by the Law on Bankruptcy to the date of business resumption or the date of debt cancellation.

In case the court has issued the notice of receipt of the petition for bankruptcy, the tax debt will be frozen until the issuance date of such notice.

- In the cases specified in Clause 4 Article 83 of the Law on Tax Administration 2019: From the day on which the business registration authority publishes information nationwide that the taxpayer or the taxpayer’s legal representative is no longer present at the registered address to the date of business resumption or the date of debt cancellation.

- In the cases specified in Clause 5 Article 83 of the Law on Tax Administration 2019: From the issuance date of the written request for or the effective date of the decision on revocation of the certificate of business registration, certificate of enterprise registration, certificate of cooperative registration, certificate of household business registration, establishment and operation license or certificate of branch/representative office registration to the date of business resumption or the date of debt cancellation.