What is the deadline for submitting the tax return for the tax period of September 2024 in Vietnam?
What is the deadline for submitting the tax return for the tax period of September 2024 to the tax authority in Vietnam?
Based on the provisions of Clause 1, Article 44 of the Tax Administration Law 2019 regarding the deadline for submitting tax return dossiers on a monthly basis, it states:
Deadline for submission of tax return dossiers
1. The deadline for submitting tax return dossiers for taxes declared on a monthly or quarterly basis is specified as follows:
a) No later than the 20th day of the month following the month in which the tax obligation arises for cases of monthly declaration and payment;
b) No later than the last day of the first month of the subsequent quarter for cases of quarterly declaration and payment.
2. The deadline for submitting tax return dossiers for taxes with an annual tax period is specified as follows:
a) No later than the last day of the third month from the end of the calendar year or fiscal year for annual tax finalization dossiers; no later than the last day of the first month of the calendar year or fiscal year for annual tax return dossiers;
b) No later than the last day of the fourth month from the end of the calendar year for personal income tax finalization dossiers of individuals directly finalizing taxes;
c) No later than December 15th of the preceding year for the tax return dossiers of household businesses and individual businesses paying taxes under the presumptive method; in the case of new businesses, the deadline for submitting tax return dossiers is no later than 10 days from the start of the business.
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The deadline for submitting the tax return for the tax period of September 2024 is October 20, 2024.
Since October 20, 2024, falls on a Sunday, based on Article 86 of Circular 80/2021/TT-BTC, it is regulated as follows:
Deadline for submission of tax return dossiers and tax payment deadlines
The deadline for submitting tax return dossiers is implemented according to 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 payment is implemented according to 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 for submitting tax return dossiers or the tax payment deadline coincides with a holiday, the deadline is extended to the next working day following the holiday, according to the Civil Code.
Referencing Clause 5, Article 148 of the Civil Code 2015, regarding the end of a term, it states:
End of term
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5. If the last day of the term falls on a weekend or holiday, the term ends at the close of the next working day following the holiday.
Thus, the deadline for submitting the tax return for the tax period of September 2024 to the tax authority will be postponed to October 21, 2024.
What is the deadline for submitting the tax return for the tax period of September 2024 in Vietnam? (Image from the Internet)
What is the deadline for submitting the e-tax return for the tax period of September 2024 in Vietnam?
According to the provisions of Article 8 of Circular 19/2021/TT-BTC, it states:
Determining the time of e-tax return submission, e-tax payment by taxpayers, and the time the tax authority sends notifications, decisions, documents to taxpayers
1. Time of e-tax return submission, e-tax payment
a) Taxpayers can perform e-tax transactions 24 hours a day (from 00:00:00 to 23:59:59) and 7 days a week, including holidays, national holidays, and Tet. The time it is considered within the day if the document is successfully signed and sent within the timeframe from 00:00:00 to 23:59:59.
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Thus, for e-corporate income tax return filings, the deadline remains conformable to the due date stipulated in Article 44 of the Tax Administration Law 2019.
Consequently, the deadline for submitting the e-tax return for the tax period of September 2024 is October 20, 2024.
How much is the fine for late submission of the tax return for the period of September 2024 in Vietnam?
Based on Article 13 of Decree 125/2020/ND-CP, which stipulates penalties for violations related to the submission deadline of tax return dossiers, it states:
No. | Fine Amount | Violations |
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1 | Warning | Submission of tax return dossiers past the deadline from 01 day to 05 days with extenuating circumstances. |
2 | Fine from VND 2,000,000 to VND 5,000,000 | Submission of tax return dossiers past the deadline from 01 day to 30 days, not falling under case 1. |
3 | Fine from VND 5,000,000 to VND 8,000,000 | Submission of tax return dossiers past the deadline from 31 days to 60 days. |
4 | Fine from VND 8,000,000 to VND 15,000,000 | For the following acts: - Submission of tax return dossiers past the deadline from 61 days to 90 days; - Submission of tax return dossiers past the deadline from 91 days or more but without tax payable; - Not submitting tax return dossiers but without tax payable; - Not submitting appendices as per tax management regulations for enterprises with associated transactions attached to the corporate income tax finalization dossier. |
5 | Fine from VND 15,000,000 to VND 25,000,000 | Submission of tax return dossiers past the deadline over 90 days from the expiration date of the deadline, with tax payable and the taxpayer has fully paid the tax amount, late payment interest to the state budget before the tax authority announces the decision to inspect, audit the tax, or before the tax authority drafts a record of the act of late submission of tax return dossiers in accordance with Clause 11, Article 143 of the Tax Administration Law 2019. |
Regarding remedial measures:
- Taxpayers who violate must pay the full amount of late payment interest to the state budget for violations specified in Clauses 1, 2, 3, 4, and 5 of Article 13 Decree 125/2020/ND-CP in cases where the taxpayer's late submission of tax return dossiers results in late tax payment;
- Submission of tax return dossiers, appendices attached to the tax return dossiers for violations specified in points c, d Clause 4, Article 13 Decree 125/2020/ND-CP.
Note: The above fine amounts are applicable for organizations. The fine for individuals is half of the fine amount for organizations.
For taxpayers who are households or household businesses, the fine amounts are applied as for individuals.
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