What if the deadline for submitting the Q4 PIT declaration falls during the Tet holiday in Vietnam?

What if the deadline for submitting the Q4 PIT declaration falls during the Tet holiday in Vietnam?

According to Clause 1, Article 1 of Decree 91/2022/ND-CP, amending Decree 126/2020/ND-CP guiding the Law on Tax Administration, the regulation is as follows:

Supplement Article 6a as follows:

“Article 6a. Deadline conclusion”

The deadline for submitting tax declaration dossiers, tax payment deadlines, the time limit for tax administration authorities to handle dossiers, and the validity of enforcement decisions of administrative decisions on tax management are implemented according to the Law on Tax Administration and this Decree. If the last day of the deadline for submitting tax declaration dossiers, tax payment deadlines, the time limit for tax administration authorities to handle dossiers, or the validity of enforcement decisions coincides with a day off according to regulations, the last day of the deadline is considered the next working day following that holiday.

Thus, if the deadline for submitting the Q4 tax declaration falls during the Tet holiday, the last day of the deadline shall be considered the next working day following that holiday.

Who is subject to tax declaration for each arising occasion?

According to Clause 3, Article 30 of Decree 65/2013/ND-CP, tax declarations for each arising occasion are specifically prescribed as follows:

- Income from real estate transfer;

- Income from capital transfer of resident individuals;

- Income from inheritance and gifts;

- Income arising from business activities producing goods or services of individuals or business groups that are issued a single invoice by the tax authority;

- Income arising abroad of resident individuals, except for income from salaries and wages;

- Income arising in Vietnam but received abroad by non-resident individuals, except for income from salaries and wages.

What if the deadline for submitting the Q4 PIT declaration falls during the Tet holiday in Vietnam? (Image from the Internet)

What are the penalties for late submission of PIT declarations in Vietnam?

According to the provisions of Article 13 Decree 125/2020/ND-CP regarding administrative violations on the deadline for submitting tax declaration dossiers, penalties are as follows:

- Warning for submitting tax declaration dossiers later than the deadline from 01 to 05 days with mitigating circumstances.

- Fine from 2,000,000 VND to 5,000,000 VND for submitting tax declaration dossiers later than the deadline from 01 to 30 days, except for cases specified in Clause 1 of this Article.

- Fine from 5,000,000 VND to 8,000,000 VND for submitting tax declaration dossiers later than the specified deadline from 31 to 60 days.

- Fine from 8,000,000 VND to 15,000,000 VND for the following acts:

+ Submitting tax declaration dossiers later than the specified deadline from 61 to 90 days;

+ Submitting tax declaration dossiers later than the specified deadline from 91 days and beyond but no tax payable arises;

+ Not submitting tax declaration dossiers but no tax payable arises;

+ Not submitting appendices as per tax management regulations for enterprises with related transactions, accompanying corporate income tax finalization dossiers.

- Fine from 15,000,000 VND to 25,000,000 VND for submitting tax declaration dossiers over 90 days from the expiration date with tax payable arising and taxpayers have paid the full amount of tax, late payment charges into the state budget before the tax authority announces a tax inspection, audit decision, or before the tax authority issues a tax violation record according to Clause 11, Article 143 of the Law on Tax Administration.

Note: The above penalties apply to organizations. The fine for individuals will be 1/2 of the penalty for organizations.

What are the regulations on tax payment deadlines in Vietnam?

According to Article 55 of the Law on Tax Administration 2019, the regulations on tax payment deadlines are specifically provided as follows:

- In cases where taxpayers calculate taxes, the deadline for tax payment is the last day of the deadline for submitting tax declaration dossiers. In cases of additional tax declaration submissions, the tax payment deadline is the deadline for submitting tax declaration dossiers of the tax period with errors or omissions.

+ For corporate income tax, provisional tax payment is made quarterly, and the tax payment deadline is the 30th day of the first month of the following quarter.

+ For crude oil, the deadline for paying resource tax and corporate income tax per crude oil export sale is 35 days from the sale date for domestically sold crude oil or from the date of goods clearance according to customs laws for exported crude oil.

+ For natural gas, the deadline for paying resource tax and corporate income tax is monthly.

- In cases where the tax authority calculates taxes, the deadline for tax payment is the date specified in the tax authority's notification.

- For other state budget revenues from land, water resource exploitation licenses, mineral resource licenses, registration fees, and business license fees, the payment deadlines are as prescribed by the Government of Vietnam.

- For export and import goods subject to taxes under the tax laws, the tax payment deadline is specified by the Law on Export and Import Taxes; in cases where the tax payable is identified after customs clearance or goods release, the payment deadline is as follows:

+ The tax payment deadline for filing additional tax declarations, and paying assessed tax money applies according to the initial customs declaration tax deadline;

+ The tax payment deadline for goods requiring analysis or assessment to accurately determine tax payable; goods without official prices at the customs declaration registration time; goods with additional amounts to the customs value not determined at the customs declaration registration time are as prescribed by the Minister of Finance.