Vietnam: What do the 2023 tax deferral documents include? What is the procedure for extending tax payment in 2023?
What does the 2023 tax deferral in Vietnam include?
The dossier of extension of tax payment in 2023 according to Clause 2 Article 24 of Circular 80/2021 / TT-BTC corresponds to each specific case as follows:
(1) In case of natural disasters, disasters, epidemics, fires or unexpected accidents specified at Point a, Clause 27, Article 3 of the Law on Tax Administration 2019 of Vietnam, the dossier includes:
- A written request for extension of tax payment by taxpayers according to form No. 01/GHAN issued together with Appendix I issued together with Circular 80/2021/TT-BTC;
- Documents confirming the time and place of natural disasters, disasters, epidemics, fires, unexpected accidents by competent authorities (original or certified copy of taxpayers);
- A written determination of the damaged material value prepared by the taxpayer or the taxpayer's legal representative and responsible for the accuracy of the data;
- A document (original or a certified copy of the taxpayer) stipulating the responsibility of organizations and individuals to compensate for damages (if any);
- Documents (originals or certified copies of taxpayers) related to the compensation for damages (if any).
(2) For other force majeure cases as prescribed in Clause 1 Article 3 of Decree 126/2020/ND-CP, the dossier includes:
- A written request for extension of tax payment by taxpayers according to form No. 01/GHAN issued together with Appendix I issued together with Circular 80/2021/TT-BTC;
- A written determination of the damaged material value prepared by the taxpayer or the taxpayer's legal representative and responsible for the accuracy of the data;
- Documents confirming the time and place of force majeure by competent agencies; documents proving that the taxpayer must stop production or business in case due to war, riot or strike, the taxpayer must stop, stop production or business (original or certified copy of the taxpayer);
- Documents proving that the risk is not part of the cause and subjective responsibility of the taxpayer and the taxpayer's inability to pay the state budget in case of damage caused by the risk is not part of the cause or subjective responsibility of the taxpayer (original or certified copy of the taxpayer);
- Documents (originals or certified copies of taxpayers) related to the insurance agency's compensation for damages (if any).
(3) In case of relocation of production and business establishments as prescribed at Point b, Clause 1, Article 62 of the Law on Tax Administration. The dossier includes:
- A written request for extension of tax payment by taxpayers according to form No. 01/GHAN issued together with Appendix I issued together with Circular 80/2021/TT-BTC;
- Decision of a competent state agency on the relocation of production and business establishments for taxpayers (original or certified copy of taxpayer);
- The relocation scheme or plan, which clearly shows the taxpayer's plan and progress of the relocation (original or certified copy of the taxpayer).
Vietnam: What do the 2023 tax deferral documents include? What is the procedure for extending tax payment in 2023?
What is the procedure for extending tax payments in 2023 in Vietnam?
Pursuant to Clause 1, Article 24 of Circular 80/2021/TT-BTC stipulates the procedure for extending tax payment as follows:
- The taxpayer shall prepare the application for tax deferral and send it to the supervisory tax authority or the state budget revenue-managing tax authority.
- In case the application for tax deferral is not satisfactory, the value of physical damage determined by the taxpayer and specified in the application is suspicious, or there are other errors, within 03 working days from the receipt of the application, the tax authority shall send a notification to the taxpayer according to Form No. 01/TB-BSTT-NNT enclosed with Decree No. 126/2020/ND-CP and request the taxpayer to provide explanation or supplement the application.
In case the application for tax deferral is satisfactory, within 10 working days from the receipt of the application, the tax authority shall decide whether to send the decision on tax deferral (Form No. 02/GHAN in Appendix I of Circular 80/2021/TT-BTC) if the taxpayer is eligible, or send a notification of rejected application (Form No. 03/GHAN in Appendix I hereof) if the taxpayer is not eligible.
How long does it take to process tax deferral applications in Vietnam?
Pursuant to Clause 2, Article 65 of the Law on Tax Administration 2019 of Vietnam stipulates as follows:
Article 65. Receipt and processing of application for tax deferral
…
2. The tax authority shall process an application for tax deferral as follows:
a) If the application is valid, send a notice of eligibility for tax deferral to the taxpayer within 10 working days from the receipt of the application;
b) If the application is invalid, send a notice to the taxpayer within 03 working days from the receipt of the application.
Accordingly, in case the dossier is legal, complete and in the prescribed form, it shall notify in writing the extension of tax payment to the taxpayer within 10 working days from the date of receipt of the complete dossier;
In case the dossier is incomplete as prescribed, notify the taxpayer in writing within 03 working days from the date of receipt of the dossier.
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