What is September 20? Will late submission of tax declaration dossiers after September 20 be subject to administrative penalties?

What is September 20 according to the Law on Tax Administration of Vietnam?

Based on Article 44 of the Law on Tax Administration 2019, the regulations are as follows:

Deadline for submitting tax declaration dossiers

1. The deadline for submitting tax declaration dossiers for monthly and quarterly tax declarations is specified as follows:

a) No later than the 20th day of the following month for tax declarations submitted and paid monthly;

b) No later than the last day of the first month of the following quarter for tax declarations submitted and paid quarterly.

Thus, the upcoming September 20 is the deadline for submitting tax declaration dossiers for August's tax period.

What is September 20? Will late submission of tax declaration dossiers after September 20 be subject to administrative penalties? (Image from the Internet)

Will late submission of tax declaration dossiers after September 20 be subject to administrative penalties in Vietnam?

According to Article 44 of the Law on Tax Administration 2019, September 20 is the deadline for submitting tax declaration dossiers for August's tax period.

If the taxpayer submits the tax declaration dossier after this date, they will be subject to administrative penalties for late submission of tax declaration dossiers.

Specifically, as stipulated in Article 13 of the Decree 125/2020/ND-CP regarding penalties for late submission of tax declaration dossiers, the penalties are as follows:

(1) A warning for late submission of tax declaration dossiers from 01 to 05 days with mitigating circumstances.

(2) A fine ranging from 2,000,000 VND to 5,000,000 VND for late submission of tax declaration dossiers from 01 to 30 days, except as stipulated in Clause 1 of this Article.

(3) A fine ranging from 5,000,000 VND to 8,000,000 VND for late submission of tax declaration dossiers from 31 to 60 days.

(4) A fine ranging from 8,000,000 VND to 15,000,000 VND for the following acts:

- Late submission of tax declaration dossiers from 61 to 90 days;- Late submission of tax declaration dossiers from 91 days or more without any tax payable;- Failure to submit tax declaration dossiers without any tax payable;- Failure to submit appendices according to tax management regulations for enterprises with related party transactions attached to the corporate income tax settlement dossier.

(5) A fine ranging from 15,000,000 VND to 25,000,000 VND for late submission of tax declaration dossiers over 90 days from the deadline with tax payable, where the taxpayer has paid the full tax amount and late payment interest into the state budget before the tax authority announces the tax inspection decision or before the tax authority records the late submission act as stipulated in Clause 11, Article 143 of the Law on Tax Administration 2019.

Regarding remedies:

- Taxpayers who violate the regulations are required to pay the full late tax payment amount into the state budget for violations stipulated in Clauses 1, 2, 3, 4, and 5 of Article 13 Decree 125/2020/ND-CP in cases where late submission of tax declaration dossiers leads to late tax payment;- Required to submit tax declaration dossiers and appendices attached to the tax declaration dossiers for acts stipulated at points c and d, Clause 4, Article 13 Decree 125/2020/ND-CP.

Note: The fine levels above apply to organizations. The fine levels for individuals are half of the fine levels for organizations.

For taxpayers who are families or business households, the fine level applies as for individuals.

Will late tax declaration submissions due to natural disasters be granted an extension in Vietnam?

Based on Article 46 of the Law on Tax Administration 2019, the regulations are as follows:

Extension of tax declaration dossier submission

1. Taxpayers who are unable to submit tax declaration dossiers on time due to natural disasters, catastrophes, epidemics, fires, or unexpected accidents are granted an extension by the head of the directly managing tax authority.

2. The extension period shall not exceed 30 days for monthly, quarterly, annual tax declarations and tax declarations per taxable event; and 60 days for tax settlement declaration dossiers from the due date.

3. Taxpayers must send a written request for extension to the tax authority before the due date. The request must clearly state the reason for the extension and be certified by the commune-level People's Committee or the commune-level police of the locality where the extension case arises as specified in Clause 1 of this Article.

4. Within 03 working days from the receipt of the extension request document, the tax authority must respond in writing to the taxpayer regarding acceptance or non-acceptance of the extension request.

Therefore, when taxpayers are unable to submit tax declaration dossiers on time due to natural disasters, catastrophes, epidemics, fires, or unexpected accidents, they are granted an extension by the head of the directly managing tax authority.

Furthermore, taxpayers must send a written request for extension to the tax authority before the due date of the tax declaration dossier, clearly stating the reason for the extension with certification by the commune-level People's Committee or the commune-level police of the locality where the extension case arises.

Note: The extension period shall not exceed 30 days for monthly and quarterly tax declarations from the due date.