What is the deadline for submission of tax declaration dossiers for taxes declared and paid upon incurrence in Vietnam?

What is the deadline for submission of tax declaration dossiers for taxes declared and paid upon incurrence in Vietnam?

Under Article 44 of the Tax Administration Law 2019:

Deadlines for submission of tax declaration dossiers

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

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

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

2. For taxes declared annually:

a) 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

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

c) 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.

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

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The deadline for submission of tax declaration dossiers for taxes declared and paid upon incurrence in Vietnam is the 10th day from the day on which tax is incurred.

What is the deadline for submission of tax declaration dossiers for taxes declared and paid upon incurrence in Vietnam? (Image from the Internet)

Is it possible to extend the deadline for submission of tax declarations in Vietnam?

Under the provisions of Article 46 of the Tax Administration Law 2019 regarding the extension of the deadline for submission of tax declaration dossiers in Vietnam, the regulations are as follows:

Deadline extension

1. In case a taxpayer is unable to submit the tax declaration dossier by the deadline due to a natural disaster, epidemic, fire or accident, the head of the supervisory tax authority will consider extending the deadline for submission.

2. The deadline shall be extended for up to 30 more days for monthly, quarterly, annual declarations and declaration upon tax incurrence; 60 more days for terminal tax declaration.

3. The taxpayer shall send a written request for deadline extension to the tax authority before the deadline, provide explanation and confirmation by the People’s Committee or police authority of the commune in which the event mentioned in Clause 1 of this Article occurred.

4. Within 03 working days from the day on which the taxpayer’s request is received, the tax authority shall inform the taxpayer in writing of whether such request is granted.

Thus, in case a taxpayer is unable to submit the tax declaration dossier by the deadline due to a natural disaster, epidemic, fire or accident, the head of the supervisory tax authority will consider extending the deadline for submission.

Note: The deadline shall be extended for up to 30 more days for monthly, quarterly, annual declarations and declaration upon tax incurrence; 60 more days for terminal tax declaration.

What does a tax declaration dossier in Vietnam include?

According to 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 return.

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

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

+ The annual tax declaration dossier, which consists of the annual tax return 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 return;

+ 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 return;

+ 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.

- The government shall provide detailed guidance on tax declaration dossiers mentioned in this Article, taxes declared monthly, quarterly, annually and upon incurrence, terminal tax declaration; declaration of fees and charges collectable by overseas representative agencies of Socialist Republic of Vietnam; declaration, provision, exchange and use of information about multinational profit reports; identification of taxpayers eligible for quarterly declaration.