What obligations must a taxpayer fulfill before the TIN deactivation in Vietnam?

What obligations must a taxpayer fulfill before the TIN deactivation in Vietnam?

Based on Article 15 of Circular 105/2020/TT-BTC, the obligations that taxpayers must complete before TIN deactivation are as follows:

+ Taxpayers must submit an invoice usage report as regulated by the law on invoices.

+ Taxpayers must fulfill the obligations of submitting tax declaration dossiers, paying taxes, and handling excess paid taxes and outstanding value-added tax credits (if any) as prescribed by the tax authorities.

+ In case the main unit has dependent units, all dependent units must complete the procedures for TIN deactivation before the TIN of the main unit is deactivated.

- For business households and individual businesses as regulated:

+ Taxpayers must submit an invoice usage report as regulated by the law on invoices if invoices are used.

+ Taxpayers must fulfill the obligations of paying taxes and handling excess paid taxes as prescribed for business households and individual businesses paying taxes based on fixed tax methods.

+ Taxpayers must complete the obligations of submitting tax declaration dossiers, paying taxes, and handling excess paid taxes and outstanding value-added tax credits (if any) as prescribed by tax authorities for business households and individual businesses paying taxes based on declaration methods.

- For business households upgrading to small and medium-sized enterprises as regulated by the Law on Supporting Small and Medium Enterprises, the business households must fulfill tax obligations with the directly managing tax agency or send a document to the tax agency committing that the small and medium enterprises converted from business households inherit all tax obligations of the business households under the law on supporting small and medium enterprises.

Taxpayers must fulfill the obligations of paying taxes and handling excess paid taxes as prescribed by the managing tax authority.

What obligations must a taxpayer fulfill before the TIN deactivation in Vietnam? (Image from the Internet)

What is the procedure for TIN deactivation in Vietnam?

Based on Clause 4 of Article 39 Law on Tax Administration 2019, the procedure for TIN deactivation is regulated as follows:

TIN deactivation

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3. The principles of TIN effectiveness deactivation are as follows:

a) The TIN cannot be used in economic transactions from the date the tax authority announces the deactivation of effectiveness;

b) The TIN of an organization, once deactivated, cannot be reused, except for the case specified in Article 40 of this Law;

c) When the TIN of a business household or individual business is deactivated, the TIN of the business household representative remains effective and is used to fulfill other tax obligations of that individual;

d) When enterprises, economic organizations, other organizations, and individuals deactivate the TIN effectiveness, they must simultaneously deactivate the effectiveness of the substitute TIN;

đ) When the taxpayer as the main unit deactivates the TIN effectiveness, the dependent units must also have their TIN effectiveness deactivated.

4. The dossier for requesting the TIN deactivation includes:

a) A document requesting the TIN deactivation;

b) Other related documents.

5. Taxpayer registration in conjunction with enterprise registration, cooperative registration, and business registration perform dissolution registration or cease activities at the enterprise registration, cooperative registration, and business registration authorities as per legal regulations. Before proceeding at the enterprise registration, cooperative registration, and business registration authorities, taxpayers must register with the managing tax authority to complete the tax payment obligations under this Law and other relevant legal regulations.

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Thus, the dossier for the TIN deactivation includes:

- A document requesting the TIN deactivation

- Other related documents.

What are the principles of TIN deactivation in Vietnam?

According to Clause 3 of Article 39 Law on Tax Administration 2019, the principles of TIN effectiveness deactivation are stipulated as follows:

- The TIN cannot be used in economic transactions from the date the tax authority announces the deactivation of effectiveness;

- The TIN of an organization, once deactivated, cannot be reused, except for the case specified in Article 40 of this Law;

- When the TIN of a business household or individual business is deactivated, the TIN of the business household representative remains effective and is used to fulfill other tax obligations of that individual;

- When enterprises, economic organizations, other organizations, and individuals deactivate the TIN effectiveness, they must simultaneously deactivate the effectiveness of the substitute TIN;

- When the taxpayer as the main unit deactivates the TIN effectiveness, the dependent units must also have their TIN effectiveness deactivated.