What is the guidance on preparing the latest Form 01/TBVMT for environmental protection tax declaration in Vietnam in 2024?

What is the guidance on preparing the latest Form 01/TBVMT for environmental protection tax declaration in Vietnam in 2024?

The 2024 Environmental Protection Tax Declaration Form is Form 01/TBVMT as stipulated in Appendix 2 issued with Circular 80/2021/TT-BTC.

DOWNLOAD >>> Latest 2024 Environmental Protection Tax Declaration Form

Below is the guidance on preparing the latest Form 01/TBVMT Environmental Protection Tax Declaration:

Declare General Indicators:

- Indicator [01] Tax Calculation Period: Declare the tax calculation period as the month when the tax obligation arises.

- Indicator [02] Select "First Time" if this is the first tax submission.

- Indicator [03] If the taxpayer discovers errors in the initial tax return submitted to the tax authority, make additional declarations according to the order of each additional submission.

- Indicator [04] Enter the taxpayer's name; [05] Enter the tax code:

Declare the information "Taxpayer's name and tax code" according to the business registration information or taxpayer registration of the taxpayer.

- Indicator [06] Tax agent name (if any); [07] Tax agent's tax code; [08] Tax agency contract:

If the Tax Agent performs tax declaration, they must declare the information “Tax agent name, tax code” “number, date of the tax agency contract”. The tax agent must have a taxpayer registration status of “Active” and the contract must be valid corresponding to the time of tax declaration.

- Indicator [09] Name of the dependent unit/business location of business and production activities in a different province than where the headquarters is located; [10] Tax code of the dependent unit/Tax code of the business location; [11] Address where business and production activities are conducted in a different province than where the headquarters is located:

+ Declare information of the dependent unit, business location having taxable environmental protection product manufacturing activities in a locality different from where the main branch is located, for cases where the taxpayer declares environmental protection tax at the place of production of taxable environmental protection goods according to points d, e clause 1 Article 11 Decree No. 126/2020/ND-CP dated October 19, 2020, of the Government of Vietnam.

+ In the case of multiple dependent units, business locations situated across various districts managed by the Tax Department, choose one representative unit to declare in this criterion. If multiple dependent units, business locations are managed by the Regional Tax Sub-department, select one representative unit for the district managed by the Regional Tax Sub-department to declare in this criterion.

Declare Table Indicators:

- Column (1) "Order number": is the sequential number of goods subject to declaration, calculation of environmental protection tax.

- Column (2) “Goods name”: is the name of the goods subject to declaration, calculation of environmental protection tax during the tax calculation period (according to the subheading “Environmental Protection Tax” guided in Circulars by the Ministry of Finance detailing the state budget classification system).

- Column (3) “Unit of measurement”: is the unit of measurement of goods subject to declaration, calculation of environmental protection tax during the tax period, as stipulated in Resolutions of the Standing Committee of the National Assembly per each period.

- Column (4) “Quantity”: is the quantity of goods subject to declaration, calculation of environmental protection tax in the tax period.

- Column (5) "Tax calculation percentage (%)": For items such as mixed fuels containing gasoline, oil, grease of fossil origin, and biofuels, the “Tax calculation percentage (%)” is the percentage (%) of fossil-origin gasoline, oil, grease in the mixed fuel determined by the taxpayer based on the technical standards of the processed mixed fuel approved by competent authorities; For other items, the "Tax calculation percentage (%)" is 100%.

- Column (6) “Tax rate”: is the tax rate corresponding to each item subject to declaration, calculation of environmental protection tax during the tax period as stipulated in Resolutions of the Standing Committee of the National Assembly per each period.

- Column (7) “Environmental Protection Tax payable in the period”: is the environmental protection tax payable in the period determined by each item subject to declaration, calculation of environmental protection tax in the tax period and is calculated as indicator column (4) x indicator column (5) x indicator column (6).

The total line of column (7) is the total environmental protection tax payable in the period of all items subject to declaration, calculation of environmental protection tax during the tax calculation period.

Note:

+ If the taxpayer has in the period items subject to environmental protection tax such as coal from enterprises engaged in mining and selling domestic coal through management forms and assigning subsidiaries or dependent units to mine, process and sell, the taxpayer must also declare using form 01-1/TBVMT as stipulated in Appendix II Circular 80/2021/TT-BTC;

- If the taxpayer is a principal trader or subsidiary as stipulated in the Law on Enterprises of the principal trader having a dependent unit operating in a locality different from the province or centrally governed city, where the principal trader, subsidiary of the principal trader is headquartered, and the dependent unit cannot account independently to separately declare the environmental protection tax, the taxpayer must also declare using form 01-2/TBVMT as stipulated in Appendix II Circular 80/2021/TT-BTC.

What is the guidance on preparing the latest Form 01/TBVMT for environmental protection tax declaration in Vietnam in 2024? (Image from Internet)

When is the time for calculating environmental protection tax in Vietnam?

According to Article 9 of the 2010 Environmental Protection Tax Law, the time for calculating environmental protection tax will depend on each type of goods as follows:

- For goods produced for sale, exchange, gifting, the tax calculation time is the time of transfer of ownership or usage rights of the goods.

- For goods produced for internal consumption, the tax calculation time is the time when the goods are put into use.

- For imported goods, the tax calculation time is the time of registration of the customs declaration.

- For gasoline, oil produced or imported for sale, the tax calculation time is the time when the primary gasoline, oil business sells.

What is the basis for calculating environmental protection tax in Vietnam?

Based on Article 6 of the 2010 Environmental Protection Tax Law, the basis for calculating environmental protection tax is the quantity of taxable goods and the absolute tax rate.

In which, the taxable quantity of goods is defined as follows:

+ For domestically produced goods, the taxable quantity of goods is the quantity of goods produced for sale, exchange, internal consumption, gifting;

+ For imported goods, the taxable quantity of goods is the quantity of goods imported.

Additionally, the absolute tax rate for tax calculation is stipulated in Article 8 of the 2010 Environmental Protection Tax Law.