What are the cases where tax declaration dossiers are not required in Vietnam?

What are the cases where tax declaration dossiers are not required in Vietnam?

Pursuant to Clause 3, Article 7 of Decree 126/2020/ND-CP supplemented by Clause 2, Article 1 of Decree 91/2022/ND-CP, taxpayers are not required to submit tax declaration dossiers in the following cases:

- The taxpayer only has business operations that are not subject to any tax.

- The taxpayer is an individual earning tax-free income as prescribed by personal income tax laws and Point b Clause 2 Article 79 of the Tax Administration Law 2019, except individuals that receive real estate as inheritance or gift and individuals that transfer real estate.

- An enterprise that only exports is not required to declare VAT.

- The taxpayer’s business suspension is suspended as prescribed in Article 4 of Decree 126/2020/ND-CP.

- The taxpayer applies for TIN invalidation, except termination of business operation, contract or business rearrangement prescribed in Clause 4 Article 44 of the Tax Administration Law 2019.

>>> See more: What are the penalties for violations against the regulations on the deadlines for submission of tax declaration dossiers?

What are the cases where tax declaration dossiers are not required in Vietnam? (Image from the Internet)

What are the regulations on tax declaration dossiers in Vietnam?

Under Article 43 of the Tax Administration Law 2019, the tax declaration dossier includes:

- The tax declaration dossier of taxes that are declared and paid monthly is the monthly tax declaration.

- The tax declaration dossier of taxes that are declared and paid quarterly is the quarterly tax declaration.

- The tax declaration dossier of taxes that are declared and paid annually is:

+ The annual tax declaration dossier, which consists of the annual tax declaration and other documents relevant to the tax payable; or

+ The terminal tax declaration dossier, which consists of the annual tax statement, the annual financial statement, the declaration of related-party transactions and other documents relevant to tax statement.

- The tax declaration dossier of taxes that are declared and paid every time they are incurred consists of:

+ The tax declaration;

+ Invoices, contracts and other documents relevant to the tax liability as prescribed by law.

- Customs dossiers of exports and imports specified by the Law on Customs shall be used as tax declaration dossiers.

- The tax declaration dossier upon shutdown, contract termination, business conversion or business re-arrangement consists of:

+ The terminal tax declaration;

+ The financial statement up to the time of shutdown, contract termination, business conversion or business re-arrangement;

+ Other documents relevant to tax statement.

- Multinational profit report if the taxpayer is the ultimate parent entity of a corporation in Vietnam and has transboundary related-party transactions and a global profit exceeding the limit, or the taxpayer has a ultimate parent entity in a foreign country in which it has the legal responsibility to submit the multinational profit report.

What are the deadlines for submission of tax declaration dossiers in Vietnam?

Pursuant to Article 44 of the Tax Administration Law 2019, the deadlines for submitting tax declaration dossiers are as follows:

- Deadlines for submission of tax declaration dossiers of taxes declared monthly and quarterly:

+ For taxes declared monthly: the 20th of the month succeeding the month in which tax is incurred;

+ For taxes declared quarterly: the last day of the first month of the succeeding quarter.

- For taxes declared annually:

+ For annual tax statement dossiers: the last day of the 3rd month from the end of the calendar year or fiscal year. For annual tax declaration dossiers: the last day of the first month from the end of the calendar year or fiscal year

+ For annual personal income tax statements prepared by income earners: the last day of the 4th month from the end of the calendar year;

+ For presumptive tax declarations prepared by household businesses and individual businesses: the 15th of December of the preceding year. For new household businesses and individual businesses: within 10 days from the date of commencement of the business.

3.- For declaration of taxes that are declared and paid upon incurrence: the 10th day from the day on which tax is incurred.

- For tax declaration dossiers upon shutdown, contract termination, business conversion or business re-arrangement: the 45th day from the occurrence of the event.

- The Government shall specify the deadlines for submission of statements of farming land levies, non-farming land levies; land levies; land rents, water surface rents; mineral extraction licensing fee; water resource extraction licensing fee; registration fee; licensing fees; other amounts payable to state budget in accordance with regulations of law on management and use of public property; multinational profit reports.

- Deadlines for submission of customs dossiers of exports and imports are specified by the Law on Customs.

- In case a taxpayer declares tax electronically on the last day of the time limit for declaration and the information portal of the tax authority is not functional, the taxpayer may submits the electronic declaration on the next day after the online portal is functional again.