When is the deadline for submitting tax declaration dossiers in case of business reorganization in Vietnam?

How to register tax in case of business reorganization in Vietnam?

According to Article 38 of the Tax Management Law 2019 regulations on taxpayer registration in the case of business reorganization as follows:

- The taxpayer shall register tax together with enterprise registration, cooperatives registration, business registration when reorganizing the enterprise in accordance with the law.

- The taxpayer shall register tax directly with the tax authority when reorganizing the enterprise, and shall terminate the tax identification number of the organization being divided, merged, or consolidated or change the information of the organization being separated and register anew or change information for the new organization after the division, separation, merger, or consolidation.

Tax declaration deadline in case of business reorganization in Vietnam (Image from the Internet)

When is the deadline for submitting tax declaration dossiers in case of business reorganization in Vietnam?

Based on Article 44 of the Tax Management Law 2019:

Tax declaration deadlines

1. The deadline for submitting tax declaration dossiers for monthly and quarterly declared taxes is as follows:

a) No later than the 20th day of the subsequent month for monthly tax declarations;

b) No later than the last day of the first month of the subsequent quarter for quarterly tax declarations.

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

a) No later than the last day of the third month after the end of the calendar year or fiscal year for annual tax finalization dossiers; no later than the last day of the first month of the calendar year or fiscal year for annual tax declaration dossiers;

b) No later than the last day of the fourth month after the end of the calendar year for personal income tax finalization dossiers for individuals subject to tax finalization;

c) No later than December 15 of the preceding year for lump-sum tax declaration dossiers of business households, individuals paying tax according to the lump-sum method; in the case of new business households, individuals the deadline is no later than 10 days from the start of business.

3. The deadline for submitting tax declaration dossiers for taxes declared and paid upon each occurrence of a tax obligation is no later than the 10th day from the date the tax obligation arises.

4. The deadline for submitting tax declaration dossiers for cases of activity termination, contract termination, or business reorganization is no later than the 45th day from the date of the occurrence.

...the deadline for submitting tax declaration dossiers for cases of business reorganization is no later than the 45th day from the date of occurrence.

What documents are included in the tax declaration dossier in case of business reorganization in Vietnam?

Based on Article 43 of the Tax Management Law 2019:

Tax declaration dossiers

1. The tax declaration dossier for monthly declared taxes includes the monthly tax return.

2. The tax declaration dossier for quarterly declared taxes includes the quarterly tax return.

3. The tax declaration dossier for annually calculated taxes includes:

a) The annual tax declaration dossier includes the annual tax return and related documents for determining the tax payable;

b) The annual tax finalization dossier includes the annual tax finalization return, annual financial statements, related transactions declaration; and other documents related to tax finalization.

4. The tax declaration dossier for taxes declared and paid upon each occurrence of a tax obligation includes:

a) The tax return;

b) Invoices, contracts and other related documents as prescribed by law.

5. For exported and imported goods, the customs dossier as per the Law on Customs is used as the tax declaration dossier.

6. The tax declaration dossier for cases of activity termination, contract termination, enterprise type conversion, or business reorganization includes:

a) Tax finalization return;

b) Financial statements up to the time of activity termination, contract termination, enterprise type conversion, or business reorganization;

c) Other documents related to tax finalization.

7. A country-by-country profit report in cases where the taxpayer is the ultimate parent company of the group in Vietnam having cross-border related transactions and meets the global consolidated revenue threshold or the taxpayer has an ultimate parent company abroad that has an obligation to prepare a country-by-country profit report as per the local regulations.

8. The Government of Vietnam shall detail the tax declaration dossier under this Article; stipulate types of taxes declared monthly, quarterly, annually, upon each occurrence of tax obligation, tax finalization; fees, charges collected by Vietnamese representative offices abroad; declaration, provision, exchange, use of information concerning country-by-country profit reports; criteria for determining taxpayers to declare tax quarterly.

Thus, the tax declaration dossier in case of business reorganization includes:

- Tax finalization return;

- Financial statements up to the time of business reorganization;

- Other documents related to tax finalization.