What is the deadline for submitting personal income tax declarations in Vietnam for the fourth quarter of 2024?

What is the deadline for submitting personal income tax declarations in Vietnam for the fourth quarter of 2024?

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

Deadline for submitting tax returns

1. The deadline for submitting tax returns for taxes declared monthly or quarterly is prescribed as follows:

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

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

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The deadline for submitting personal income tax (PIT) returns on a quarterly basis is no later than the last day of the first month of the quarter following the one in which the tax arises for organizations and individuals who declare and pay quarterly. This means the deadline for submitting PIT returns for the fourth quarter of 2024 is January 31, 2025.

However, January 31, 2025, coincides with the third day of Tet, which is a holiday according to Official Dispatch 8726/VPCP-KGVX of 2024.

Therefore, pursuant to Article 86 of Circular 80/2021/TT-BTC which prescribes the deadline for submitting tax returns and tax payments as follows:

Deadline for submitting tax returns and tax payments

The deadline for submitting tax returns is in accordance with Clauses 1, 2, 3, 4, and 5 of Article 44 of the Tax Administration Law and Article 10 of Decree No. 126/2020/ND-CP. The deadline for tax payments is in accordance with Clauses 1, 2, and 3 of Article 55 of the Tax Administration Law and Article 18 of Decree No. 126/2020/ND-CP. If the deadline coincides with a holiday, the submission and payment deadline is the next working day after the holiday, as per the Civil Code regulations.

Additionally, pursuant to Clause 5, Article 148 of the Civil Code 2015 which stipulates the end of a time period as follows:

End of a time period

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4. If the period is calculated in years, it ends on the corresponding day and month of the last year of the period.

5. If the last day of the period is a weekend or holiday, it ends at the end of the next working day.

6. The end of the last day of the period is at twenty-four hours of that day.

According to the above regulations, the final deadline for submitting personal income tax declarations for the fourth quarter of 2024 is the next working day after the Tet holiday, which is February 3, 2025.

What is the deadline for submitting personal income tax declarations in Vietnam for the fourth quarter of 2024? (Image from the Internet)

Vietnam: What does the personal income tax declaration dossier for the fourth quarter of 2024 include?

According to Clause 2, Article 43 of the Tax Administration Law 2019 which stipulates the tax declaration dossier on a quarterly basis as follows:

Tax declaration dossier

1. The tax declaration dossier for taxes declared and paid monthly is a monthly tax return.

2. The tax declaration dossier for taxes declared and paid quarterly is a quarterly tax return.

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Additionally, Clause 1, Article 7 of Decree 126/2020/ND-CP provides guidance on the tax declaration dossier as follows:

- The tax declaration dossier is the tax return and related documents used as a basis for determining the taxpayer's tax obligations to the state budget, prepared and submitted electronically or in paper form to the tax authority by the taxpayer.

- The taxpayer must prepare the tax return, schedules, appendices (if any) in the form prescribed by the Minister of Finance and is responsible before the law for the accuracy, truthfulness, and completeness of the contents in the tax return, schedules, and appendices; submit all documents and materials stipulated in the tax declaration dossier to the tax authority. For certain types of documents that the Ministry of Finance does not issue a form, but relevant laws stipulate a form, it shall comply with the relevant laws.

Therefore, the personal income tax declaration dossier for the fourth quarter includes the PIT declaration form number 05/KK-TNCN issued along with Circular 80/2021/TT-BTC and related documents and materials used as a basis to determine the taxpayer's tax obligations to the state budget, prepared and submitted to the tax authority electronically or in paper form.

In particular, concerning the tax declaration, schedules, appendices (if any), the taxpayer must prepare them in the prescribed form of the Minister of Finance and is responsible before the law for the accuracy, truthfulness, and completeness of the contents in the tax declaration, schedules, and appendices; submit all prescribed documents and materials in the tax declaration dossier to the tax authority.

For certain types of documents in the tax declaration dossier where the Ministry of Finance does not issue a form but the relevant laws stipulate a form, they shall comply with the relevant laws.

When is there an extension for submitting personal income tax declarations in Vietnam?

According to the provisions of Clause 1, Article 46 of the Tax Administration Law 2019, taxpayers are granted an extension for tax filing deadlines in cases where they are unable to submit tax returns on time due to natural disasters, catastrophes, epidemics, fires, or unexpected accidents, subject to approval by the head of the directly managing tax authority.

Additionally, the extension period for tax submission is determined as follows:

- No more than 30 days for the submission of monthly, quarterly, annual tax declaration dossiers, or tax declarations for each occurrence of tax liability, from the date the tax declaration deadline ends.

- No more than 60 days for submitting tax settlement declaration dossiers from the date the tax settlement declaration deadline ends.

Note: Taxpayers must submit a written request for an extension of the tax return submission deadline to the tax authority before the tax return submission deadline ends, specifying the reason for the extension request, which must be confirmed by the People's Committee or Police of the commune, ward, or commune-level town where the extension case arises.