What is the deadline for submission of the November 2024 tax declaration dossier for enterprises in Vietnam?

What is the deadline for submission of the November 2024 tax declaration dossier for enterprises?

Based on Clause 1, Article 44 of the Law on Tax Administration 2019, which stipulates the deadline for submission of tax declaration dossiers as follows:

Deadline for submission of tax declaration dossiers

1. The deadline for submission of tax declaration dossiers for taxes declared monthly or quarterly is prescribed as follows:

a) No later than the 20th of the month following the month in which the tax obligation arises for monthly declarations and submissions;

b) No later than the last day of the first month of the quarter following the quarter in which the tax obligation arises for quarterly declarations and submissions.

Thus, the deadline for submission of the November tax declaration dossier for enterprises this year is December 20, 2024.

What is the deadline for submission of the November 2024 tax declaration dossier for enterprises in Vietnam? (Internet Image)

What should enterprises do when they want to extend the submission of deadline for the November tax declaration dossier in Vietnam?

Based on Article 46 of the Law on Tax Administration 2019, it is stipulated:

Extension of tax declaration dossier submission

1. Taxpayers unable to submit tax declaration dossiers on time due to natural disasters, calamities, pandemics, fires, or unexpected accidents shall be 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, or each occurrence tax declarations; 60 days for submission of settlement tax declaration dossiers from the expiration date for submission of tax declaration dossiers.

3. Taxpayers must submit a written request for extension to the tax authority before the deadline for submission of tax declaration dossiers, clearly stating the reasons for the extension which must be certified by the People’s Committee or Police of the commune, ward, or commune-level town where the extension case arises as stipulated in Clause 1 of this Article.

4. Within 03 working days from the date of receipt of the written request for extension of the tax declaration dossier submission, the tax authority must respond in writing to the taxpayer on the acceptance or rejection of the extension.

Thus, enterprises wishing to extend the November tax declaration dossier submission period must first prove they fall under the cases stipulated in Clause 1 of this Article.

Then, they must send a written request for extension to the tax authority before the expiration of the tax declaration dossier submission deadline,

Note: The request must clearly state the reason for the extension and be certified by the People’s Committee or Police of the commune, ward, commune-level town.

What does the tax declaration dossier include for November when enterprises convert the type of business in Vietnam?

According to Article 43 of the Law on Tax Administration 2019, it is stipulated:

tax declaration dossier

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4. The tax declaration dossier for taxes declared and submitted for each occurrence of tax liability includes:

a) Tax declaration form;

b) Invoices, contracts, and other related documents according to legal regulations.

5. For export and import goods, the customs dossier as prescribed by the Customs Law shall be used as the tax declaration dossier.

6. The tax declaration dossier for cases of cessation of activities, contract termination, conversion of enterprise type, or reorganization of enterprises includes:

a) Finalization tax declaration form;

b) Financial statements up to the time of cessation of activities or contract termination, or conversion of enterprise type or reorganization;

c) Other documents related to tax finalization.

7. Country-by-country profit report in case the taxpayer is the ultimate parent company of a multinational group in Vietnam with cross-border associated transactions and exceeds the prescribed global revenue threshold, or the taxpayer has an ultimate parent company overseas where the parent company is obligated to prepare a country-by-country profit report according to the host country’s regulations.

Thus, the November tax declaration dossier for enterprises when converting the type of business includes:

- Finalization tax declaration form;

- Financial statements up to the time of conversion of the enterprise type;

- Other documents related to tax finalization.

Do enterprises have to pay late payment interest if they submit additional tax declaration dossiers that reduce reimbursed tax amounts in Vietnam?

According to Article 59 of the Law on Tax Administration 2019, it is stipulated:

Handling Late Tax Payment

1. Cases that must pay late payment interests include:

a) Taxpayers pay taxes later than the prescribed deadline, extension deadline, notice deadline by tax authorities, tax determination decision deadline, or handling decision by tax authorities;

b) Taxpayers who supplement tax declaration dossiers that increase the tax payable, or tax authorities and competent state agencies inspect or audit and discover under-declaration of taxes resulting in more tax payable must pay late interest on the increased tax amount from the day following the last date of the tax period with mistakes or from the deadline for submission initial customs declaration;

c) Taxpayers submit additional tax declaration dossiers that reduce the reimbursed tax or tax authorities and competent state agencies inspect*, and audit and discover that the reimbursed tax is less than the reimbursed amount, they must pay late interest on the refunded tax amount to be reclaimed from the day of receipt of the refund from the state budget;*

d) Cases of installment payment of tax debt as prescribed in Clause 5 of Article 124 of this Law;

đ) Cases not administratively penalized for tax management violations due to the lapse of penalty but being collected additional tax amounts under Clause 3 of Article 137 of this Law;

e) Cases not administratively penalized for tax management violations for acts prescribed in Clauses 3 and 4 of Article 142 of this Law;

g) Agencies or organizations authorized by tax authorities to collect taxes delay transferring tax amounts, late interest, fines of taxpayers to the state budget must pay late interest on the delayed transfer amount as prescribed.

Thus, enterprises that submit additional tax declaration dossiers reducing the reimbursed tax amount fall under the cases required to pay late payment interest.