What does the tax return dossier include for household businesses and individual businesses paying taxes by the declaration method in Vietnam?
What does the tax return dossier include for household businesses and individual businesses paying taxes by the declaration method in Vietnam?
According to Clause 1, Article 11 of Circular 40/2021/TT-BTC, the regulations are as follows:
Tax management for household businesses and individual businesses paying taxes by the declaration method
- Tax return dossier
The tax return dossier for household businesses and individual businesses paying taxes by the declaration method is specified in Point 8.2, Appendix I - List of tax return dossiers issued together with Decree No. 126/2020/ND-CP dated October 19, 2020 of the Government of Vietnam. Specifically:
a) Tax return form for household businesses and individual businesses according to form No. 01/CNKD issued together with this Circular;
b) Appendix listing business activities during the period of household businesses and individual businesses (applies to household businesses and individual businesses paying taxes by the declaration method) according to form No. 01-2/BK-HDKD issued together with this Circular. In case household businesses or individuals paying taxes by the declaration method have grounds to determine revenue as confirmed by competent authorities, they are not required to submit the Appendix listing form No. 01-2/BK-HDKD issued with this Circular.
- Place to submit the tax return dossier
The place to submit the tax return dossier for household businesses and individual businesses paying taxes by the declaration method is specified in Clause 1, Article 45 of the Law on Tax Administration, which is the Tax Department directly managing the place where the household business or individual conducts production or business activities.
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The tax return dossier for household businesses and individual businesses paying taxes by the declaration method includes:
- Tax return form for household businesses and individual businesses
- Appendix listing business activities during the period of household businesses and individual businesses (applies to household businesses and individual businesses paying taxes by the declaration method)
In case household businesses or individuals paying taxes by the declaration method have grounds to determine revenue as confirmed by competent authorities, they are not required to submit the aforementioned Appendix listing.
What does the tax return dossier include for household businesses and individual businesses paying taxes by the declaration method in Vietnam? (Image from the Internet)
When to submit the tax return dossier for household businesses and individual businesses paying taxes by the declaration method in Vietnam?
According to Clause 3, Article 11 of Circular 40/2021/TT-BTC, the regulations are as follows:
Tax management for household businesses and individual businesses paying taxes by the declaration method
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- Deadline for submitting the tax return dossier
The deadline for submitting the tax return dossier for household businesses and individual businesses paying taxes by the declaration method is specified in Clause 1, Article 44 of the Law on Tax Administration. Specifically:
a) The deadline for submitting the tax return dossier for household businesses and individual businesses paying taxes monthly by the declaration method is no later than the 20th day of the following month after the month in which the tax obligation arises.
b) The deadline for submitting the tax return dossier for household businesses and individual businesses paying taxes quarterly by the declaration method is no later than the last day of the first month of the following quarter right after the quarter in which the tax obligation arises.
- Tax payment deadline
The tax payment deadline for household businesses and individual businesses paying taxes by the declaration method is implemented according to the provisions of Clause 1, Article 55 of the Law on Tax Administration, specifically: The latest tax payment deadline is the last day of submitting the tax return dossier. In case of supplementary tax return dossiers, the tax payment deadline is the deadline for submitting the tax return dossier for the tax calculation period with errors.
- Tax declaration obligation in case of temporary suspension of operation or business
In case household businesses or individuals temporarily suspend operations or business, they must notify the tax authority as prescribed in Article 91 of Decree No. 01/2021/ND-CP dated November 4, 2021 of the Government of Vietnam, Article 4 of Decree No. 126/2020/ND-CP dated October 19, 2020 of the Government of Vietnam, Article 12 of Circular No. 105/2020/TT-BTC dated December 3, 2020 of the Ministry of Finance guiding taxpayer registration and are not required to submit tax return dossiers, except if household businesses or individuals temporarily suspend operations or business not covering the full month if declaring tax monthly or not covering the full quarter if declaring tax quarterly.
Submit tax return dossiers for household businesses and individual businesses paying taxes by the declaration method within the following deadlines:
- By the declaration method monthly, no later than the 20th day of the following month after the month in which the tax obligation arises.
- By the declaration method quarterly, no later than the last day of the first month of the following quarter right after the quarter in which the tax obligation arises.
Where to submit tax returns by the declaration method in Vietnam?
Based on the regulations in Clause 2, Article 11 of Circular 40/2021/TT-BTC as follows:
Tax management for household businesses and individual businesses paying taxes by the declaration method
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2. Place to submit the tax return dossier
The place to submit the tax return dossier for household businesses and individual businesses paying taxes by the declaration method is specified in Clause 1, Article 45 of the Law on Tax Administration as the Tax Department directly managing the place where the household business or individual conducts production or business activities.
3. Deadline for submitting the tax return dossier
The deadline for submitting the tax return dossier for household businesses and individual businesses paying taxes by the declaration method is specified in Clause 1, Article 44 of the Law on Tax Administration. Specifically:
a) The deadline for submitting the tax return dossier for household businesses and individual businesses paying taxes monthly by the declaration method is no later than the 20th day of the following month after the month in which the tax obligation arises.
b) The deadline for submitting the tax return dossier for household businesses and individual businesses paying taxes quarterly by the declaration method is no later than the last day of the first month of the following quarter right after the quarter in which the tax obligation arises.
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Therefore, household businesses paying taxes by the declaration method shall submit tax return dossiers at the Tax Department in the locality where they conduct production or business activities.
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