What is the time limit for tax dossier supplementation when the tax declaration dossier submitted to the tax authority is erroneous or inadequate in Vietnam?

What is the time limit for tax dossier supplementation when the tax declaration dossier submitted to the tax authority is erroneous or inadequate in Vietnam?

Under Article 47 of the Tax Administration Law 2019:

Tax dossier supplementation

1. In case the tax declaration dossier submitted to the tax authority is erroneous or inadequate, supplementary documents may be provided within 10 years from the deadline for submission of the erroneous or inadequate tax declaration dossier but before the tax authority or a competent authority announces a decision on tax document examination.

2. When the tax authority or a competent authority has announced the decision on tax inspection or tax audit on the taxpayer’s premises, the taxpayer is still allowed to provide supplementary documents; the tax authority shall impose administrative penalties for the violations specified in Article 142 and 143 of this Law.

3. After the tax authority or competent authority issues a conclusion or tax decision when the inspection is done:

a) The taxpayer may provide supplementary tax documents if they increase the tax payable or reduce the deductible tax, exempted tax or refundable tax, and shall face administrative penalties for the violations specified in Article 142 and Article 143 of this Law;

b) If the supplementation leads to a decrease in the tax payable or an increase in the deductible tax, exempted tax or refundable tax, the taxpayer shall follow procedures for filing tax-related complaints.

4. Supplementary documents include:

a) The supplementary tax return;

b) The explanation for the supplementation and relevant documents.

5. Supplementary tax documents on exports and imports shall be provided in accordance with customs laws.

Thus, in case the tax declaration dossier submitted to the tax authority is erroneous or inadequate, supplementary documents may be provided within 10 years from the deadline for submission of the erroneous or inadequate tax declaration dossier but before the tax authority or a competent authority announces a decision on tax document examination.

What is the time limit for tax dossier supplementation when the tax declaration dossier submitted to the tax authority is erroneous or inadequate in Vietnam? (Image from the Internet)

What documents are included in a tax declaration dossier in Vietnam?

According to Article 43 of the Tax Administration Law 2019, the tax declaration dossier in 2024 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.

What is the deadline for submission of monthly tax declaration dossiers in Vietnam?

Under point a, clause 1, Article 44 of the Tax Administration Law 2019, the deadline for submission of tax declaration dossiers in Vietnam is stipulated as follows:

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.

...

Thus, the deadline for taxpayers to submit monthly tax declaration dossiers is no later than the 20th day of the following month after the month in which the tax obligation arises.