What documents are required for an application for tax deferral in Vietnam?

What documents are required for an application for tax deferral in Vietnam?

According to Article 11 of Circular 06/2021/TT-BTC, the documents proving the reason for a tax deferral are specifically regulated as follows:

(1) Documents submitted with the request for a tax deferral in cases of physical damage affecting production and business due to force majeure events include:

- Documents or minutes confirming the cause of the damage by the competent authority in the area where the damage occurred:

+ Confirmation from one of the following authorities or organizations: Police at commune level, People's Committees at commune level, Management boards of industrial parks, export-processing zones, economic zones, border gate management boards, airport authorities, or port authorities where the force majeure event such as natural disaster, epidemic, or unexpected accident causing physical damage and directly affecting production and business occurred: 01 original copy;

+ Minutes confirming the fire incident from the local fire prevention and fighting police agency: 01 original copy.

- In cases of force majeure difficulties due to war, riots, strikes leading to production and business stoppage or risks not caused by the taxpayer's intentional actions as prescribed in Clause 1, Article 3 of Decree No. 126/2020/ND-CP, the taxpayer must submit documents proving the force majeure event leading to the inability to pay taxes, late payment interest, fines on time: 01 certified copy submitted by the agency requesting the tax deferral;

- Insurance contract, compensation payment notice from the insurance organization (if any), if the insurance contract does not include tax compensation, there must be a confirmation from the insurance organization; contract or agreement from the transport company in the case of loss caused by the transport company (if any); 01 certified copy submitted by the agency requesting the tax deferral.

(2) Documents submitted with the request for a tax deferral in cases where the business operation must be stopped due to the relocation of the production business facility at the request of the competent authority affecting the production and business outcomes include:

- Decision on the revocation of the business location by the competent state authority for the former business location of the enterprise (excluding cases where the business location is moved upon the enterprise's request): 01 certified copy submitted by the agency requesting the tax deferral;

- Written confirmation from the local government regarding the enterprise's requirement to stop production due to the relocation: 01 original copy;

- Documents proving the extent of direct damage due to the need to relocate the business location.

+ The damage value is determined by the remaining value of the damaged goods.

+ The remaining value of the damaged goods is based on records, documents, and relevant legal regulations, including: Machinery, equipment that cannot recover capital (original value minus depreciation), dismantling costs of equipment at the old location, transportation and setup costs at the new location (net of recovery costs), wages for workers during work stoppage (if any).

+ In complex economic and technical cases, a written confirmation from the specialized agency is required: 01 original copy.

What documents are required for an application for tax deferral in Vietnam? (Image from the Internet)

What are cases of tax deferral in Vietnam?

According to Clause 1, Article 62 of the Law on Tax Administration 2019, a tax deferral is considered based on the taxpayer's request in one of the following cases:

- Suffering physical damage directly affecting production and business due to force majeure events such as:

The taxpayer suffers physical damage due to natural disasters, disasters, epidemics, fires, unexpected accidents;

Other force majeure cases as regulated by the Government of Vietnam.

- Business operation must be stopped due to the relocation of the production and business facility as requested by the competent authority affecting the production and business outcomes.

What is the duration of the tax deferral in Vietnam?

According to Clause 2, Article 62 of the Law on Tax Administration 2019, the duration of the tax deferral is regulated as follows:

- Not more than 2 years from the tax payment deadline in cases of physical damage directly affecting production and business due to force majeure events such as:

+ The taxpayer suffers physical damage due to natural disasters, disasters, epidemics, fires, unexpected accidents;

+ Other force majeure cases as regulated by the Government of Vietnam.

- Not more than 1 year from the tax payment deadline in cases where business operations must be stopped due to the relocation of the production and business facility as requested by the competent authority affecting production and business outcomes.