Latest form of supplementary declaration of personal income tax in Vietnam in 2023? What is included in the supplementary declaration dossier for personal income tax in Vietnam?
Latest form of supplementary declaration of personal income tax in Vietnam in 2023?
The form of supplementary declaration of personal income tax in a joint stock company is Form No. 01/KHBS, Appendix II issued together with Circular No. 80/2021/TT-BTC. Below is a sample image of supplementary declaration of personal income tax in a joint stock company:
Download the latest form of supplementary declaration of personal income tax in a joint stock company in 2023: Click here.
Latest form of supplementary declaration of personal income tax in Vietnam in 2023? What is included in the supplementary declaration dossier for personal income tax in Vietnam?
What are the cases in which the PIT dossiers must be supplemented?
Pursuant to Clauses 1, 2 and 3, Article 47 of the 2019 Law on Tax Administration in Vietnam stipulating the cases in which the PIT dossiers must be supplemented in a joint-stock company, specifically:
- In case the tax declaration dossier submitted to the tax authority is erroneous or inadequate, supplementary documents may be provided within 10 years from the deadline for submission of the erroneous or inadequate tax declaration dossier but before the tax authority or a competent authority announces a decision on tax document examination.
- When the tax authority or a competent authority has announced the decision on tax inspection or tax audit on the joint stock company’s premises, the joint stock company is still allowed to provide supplementary documents; the tax authority shall impose administrative penalties for the following violations:
+ Understatement of tax payable or overstatement of tax eligible for refund, remission or cancellation specified in Article 142 of the 2019 Law on Tax Administration in Vietnam.
+ Tax evasion specified in Article 143 of the 2019 Law on Tax Administration in Vietnam.
- After the tax authority or competent authority issues a conclusion or tax decision when the inspection is done:
+ The joint stock company may provide supplementary tax documents if they increase the tax payable or reduce the deductible tax, exempted tax or refundable tax, and shall face administrative penalties for understatement of tax payable or overstatement of tax eligible for refund, remission or cancellation and tax evasion;
+ If the supplementation leads to a decrease in the tax payable or an increase in the deductible tax, exempted tax or refundable tax, the joint stock company shall follow procedures for filing tax-related complaints.
What is included in the supplementary declaration dossier for personal income tax in Vietnam?
Pursuant to Clause 4, Article 47 of the 2019 Law on Tax Administration in Vietnam, the supplementary declaration dossier includes the following documents:
- Supplementary declaration (under Form No. 01/KHBS Appendix II issued together with Circular No. 80/2021/TT-BTC).
- The explanation of supplementation document (under Form No. 01-1/KHBS Appendix II issued together with Circular No. 80/2021/TT-BTC).
- Relevant documents.
However, the company should note:
Supplementary tax declaration dossiers in some special cases include the following documents:
(1) In case the supplementary declaration does not change the tax liability (ie, does not change the payable tax amount, the tax amount to be deducted, exempted, reduced, refunded or not collected):
Joint-stock companies only have to submit the supplementary declaration and relevant documents, not the supplementary declaration.
(2) In case the supplementary declaration leads to an increase in the payable tax amount or a decrease in the tax refunded by the state budget:
The joint-stock company must submit a complete supplementary declaration (including the supplementary declaration, the explanation of the supplementary declaration and relevant documents) and fully pay the additional tax payable or overpaid tax and late payment interest to the state budget (if any).
The company must also remit into the State Budget the amount of late payment, which is determined as follows:
- Time of arising amount of late payment:
+ Supplementary declaration leads to an increase in the payable tax amount: The must pay late payment interest for the additional tax payable from the day following the last day of the tax payment deadline of the tax period with errors or omissions or from the date of expiration of the tax payment deadline of the original customs declaration (for imports and exports).
+ Supplementary declaration of tax returns reduces the refunded tax amount: Joint-stock companies must pay late payment interest for the refunded tax amount which must be recovered from the date of receipt of the refund from the state budget;
- The late payment interest rate is 0.03%/day calculated on the supplementary payable tax amount or the refunded tax amount which must be recovered.
- Time for calculating late payment interest: is calculated continuously from the day following the day on which the late payment interest is generated to the day preceding the day on which the amount of tax refund or supplementary tax has been remitted into the state budget.
(3) In case the supplementary declaration only increases or decreases the amount of value-added tax that is still deductible, it must be declared in the current tax period. Joint stock companies are only allowed to make supplementary declarations to increase the value-added tax amount requested for refund when they have not submitted the tax return for the next tax period and have not submitted the application for tax refund.
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