When is the deadline for a tax agent to send reports to tax authority in Vietnam?

When is the deadline for a tax agent to send reports to tax authority in Vietnam?

According to Clause 8, Article 24 of Circular 10/2021/TT-BTC, the responsibilities of tax agents are stipulated as follows:

Responsibilities of tax agents

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8. Submit notifications and reports to the Tax Department via the electronic portal of the General Department of Taxation:

a) Within 5 working days from the date of any changes in tax agent staff information, submit a notice of staff information changes using Form 2.8 in the Appendix attached to this Circular;

b) No later than January 15 each year, submit an activity report of the tax agent using Form 2.9 in the Appendix attached to this Circular. The report information covers the period from January 1 to December 31 of the reporting year.

Thus, the tax agent must submit the 2024 activity report to the Tax Department via the electronic portal of the General Department of Taxation no later than January 15, 2025.

Note: The report information covers the period from January 1 to December 31 of the reporting year.

When is the deadline for a tax agent to send reports to tax authority in Vietnam? (Image from the Internet)

Will the tax agent be suspended from providing tax procedure services in Vietnam if it fails to submit the report?

Pursuant to Article 26 of Circular 10/2020/TT-BTC, the circumstances under which a tax agent can be suspended from business include:

Suspension of tax procedure service

1. A tax agent may be suspended from providing tax procedure services if it falls into one of the following categories:

a) Fails to meet the conditions specified in Clause 2, Article 102 of the Law on Tax Administration for 3 consecutive months.

b) Fails to provide, or provides incomplete or inaccurate, information and documents to the tax authority as prescribed.

c) Discloses information that causes material, mental, and reputational damage to the taxpayers using the tax agent services (except where the taxpayer agrees or where law provides otherwise).

d) Uses or manages tax agent staff contrary to the regulations of this Circular.

e) Fails to submit notifications or reports as stipulated in Clause 8, Article 24 of this Circular for 15 days or more beyond the reporting deadline or notification deadline set by the tax authority.

2. The Tax Department (where the tax agent is headquartered) issues a decision to suspend the business of tax procedure services of the tax agent using Form 2.11 in the Appendix attached to this Circular and simultaneously notifies the direct tax management authority of the tax agent.

3. The suspension period of the tax procedure service of the tax agent is from the date the suspension decision of the Tax Department takes effect until the tax agent rectifies the violation, but not exceeding 90 days from the effective date of the suspension decision. During the suspension, the tax agent is not allowed to provide services to taxpayers.

If the violation is rectified, the tax agent shall notify the Tax Department in writing. The Tax Department will verify the information, and if the tax agent meets the conditions for providing tax procedure services, it will issue a written notice to the tax agent within 5 working days regarding the termination of the suspension decision.

Thus, failing to submit notifications or reports to the Tax Department via the electronic portal of the General Department of Taxation for 15 days or more beyond the reporting deadline or notification deadline will result in suspension from providing tax procedure services.

What is the suspension period for the tax procedure service of a tax agent in Vietnam?

According to Clause 3, Article 26 of Circular 10/2020/TT-BTC, the suspension period for the tax procedure service of a tax agent is specified as follows:

- The suspension period of the tax procedure service of a tax agent is from the date the suspension decision of the Tax Department takes effect until the tax agent rectifies the violation, but not exceeding 90 days from the effective date of the suspension decision.

- During the suspension, the tax agent is not allowed to provide services to taxpayers.

- If the violation is rectified, the tax agent shall notify the Tax Department in writing. The Tax Department will verify the information, and if the tax agent meets the conditions for providing tax procedure services, it will issue a written notice to the tax agent within 5 working days regarding the termination of the suspension decision.

When is the certificate of eligibility to provide tax procedure services revoked in Vietnam?

According to Clause 1, Article 27 of Circular 10/2021/TT-BTC, the cases in which a certificate of eligibility to provide tax procedure services is revoked include:

- Acts of assisting taxpayers in tax evasion or violations of the law related to the provision of tax procedure services to the extent of criminal liability.

- Incorrect or fraudulent declarations or falsification of documents to obtain a certificate of eligibility to provide tax procedure services.

- Being dissolved, bankrupt, or having the business registration certificate, investment registration certificate, or equivalent documents revoked; being informed by the tax authority that the taxpayer is not operating at the registered address.

- Exceeding 90 days from the effective date of the suspension decision on tax procedure service according to the provisions of Article 26 of Circular 10/2021/TT-BTC without rectifying the violation.