When does an individual prepare the personal income tax statement himself/herself in Vietnam in 2025?

When does an individual prepare the personal income tax statement himself/herself in Vietnam in 2025?

Based on point d.3, clause 6, Article 8 of Decree 126/2020/ND-CP, subsection 1, Section 1 of Official Dispatch 154/CTSTR-KK of 2025 by Soc Trang Provincial Tax Department Download, resident individuals earning income from wages and salaries are required to directly finalize PIT with the tax authorities in the following cases:

Case 1: There is additional tax payable or tax overpaid requesting a refund or offsetting in the next tax declaration, except in the following circumstances:

- Individuals have additional tax payable of 50,000 VND or less after finalizing each year;

- Individuals have tax payable less than the tax already prepaid without requesting a tax refund or offsetting to the next tax period;

- Individuals with income from wages and salaries under a labor contract of 3 months or longer at one entity, also receiving peripheral income from other places averaging not more than 10 million VND per month during the year and already subjected to PIT withholding at a rate of 10%, without the need for tax finalization on this income, if not requested;

- Individuals whose employers purchase life insurance (excluding voluntary pension insurance), or other non-mandatory insurance with accumulative premiums, where the employer or insurer has deducted PIT at a rate of 10% on the premium amount proportionate to the part purchased or contributed by the employer, are not required to finalize PIT on this income.

Case 2: Individuals present in Vietnam for less than 183 days within the first calendar year, but 183 days or more within the 12 consecutive months starting from the first day of presence in Vietnam.

Case 3: Foreign individuals completing their work contracts in Vietnam are required to finalize taxes with the tax authorities before exit. Should the individual not complete tax finalization procedures with tax authorities, they must authorize the income-paying organization or other organization, individual for tax finalization as per regulations concerning individual tax finalization. If the income-paying organization or other organization, individual receives authorization for tax finalization, they must be responsible for any additional PIT payable or refund excess tax paid for the individual.

Case 4: Resident individuals whose income from wages, salaries also qualify for tax reductions due to natural disasters, fires, accidents, or serious illnesses affecting their tax payment ability must not authorize organizations, entities paying income for tax finalization on their behalf but must directly finalize taxes with tax authorities as required.

When does an individual prepare the personal income tax statement himself/herself in Vietnam in 2025? (Image from the Internet)

What is the deadline for submitting PIT statements for individual preparing the PIT statement himself/herself in Vietnam in 2025?

Based on Article 44 of the Law on Tax Administration 2019 stipulating the deadline for submitting tax declaration dossiers as follows:

Deadline for Submitting Tax Declaration Dossiers

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2. The deadline for submitting tax declaration dossiers for taxes calculated annually is stipulated as follows:

a) No later than the last day of the 3rd month following the end of the calendar year or fiscal year for annual tax statements; no later than the last day of the first month of the new calendar year or fiscal year for annual tax declaration dossiers;

b) No later than the last day of the 4th month following the end of the calendar year for individual PIT statements directly submitted by individuals;

c) No later than December 15 of the preceding year for tax package declaration dossiers of business households, individuals paying tax under the package method; in case of new business households, individual businesses, no later than 10 days from the starting date of business.

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According to the above regulations, the deadline for submitting PIT statements for individual preparing the personal income tax statement himself/herself is no later than the last day of the 4th month following the end of the calendar year, which is April 30, 2025.

Additionally, pursuant to Article 86 of Circular 80/2021/TT-BTC, which provides:

Deadline for Submitting Tax Declarations and Tax Payment Deadlines

The deadline for submitting tax declarations is carried out as per clauses 1, 2, 3, 4, 5 of Article 44 Law on Tax Administration and Article 10 of Decree 126/2020/ND-CP. The tax payment deadline is carried out as per clauses 1, 2, 3 of Article 55 Law on Tax Administration and Article 18 of Decree 126/2020/ND-CP. If the deadline for tax declaration submission, tax payment coincides with a public holiday, the deadline is considered the next working day following the holiday as stipulated in the Civil Code.

Since April 30, 2024, and May 1, 2025, are public holidays according to Notice 6150/TB-BLĐTBXH 2024 (holiday schedule April 30 and May 1, 2025, for officials and public employees from April 30, 2025, to May 4, 2025 (from Wednesday to Sunday, a total of 05 continuous days)

Therefore, the deadline for submitting PIT statements for individual preparing the personal income tax statement himself/herself is postponed to the next working day, which is May 5, 2025.

If the individual who prepare the personal income tax statement himself/herself has refundable tax, shall the administrative penalties be imposed for late submission?

Based on clause 2, Article 141 of the Law on Tax Administration 2019 stipulating:

Violation of Tax Procedures

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2. Administrative penalties for tax management will not apply to violations of tax procedures in the following cases:

a) Taxpayers are granted an extension for tax declaration submission;

b) Individuals directly finalizing PIT who submit their PIT statements late and have a tax refund occurring;

c) Business households, individual businesses subjected to tax determination under Article 51 of this Law.

3. The Government of Vietnam shall detail this Article.

Therefore, individuals finalizing PIT directly who submit their PIT statements late but experience a tax refund occurrence are not subject to administrative penalties concerning tax management.