What is the deadline for submitting the tax declaration for Q2/2023? How much is the penalty for late submission?
What is the deadline for filing the Q2 2023 tax declaration?
According to specific regulations in Article 44 of the Tax Administration Law 2019, the deadline for filing the Q2 2023 tax declaration is as follows:
- No later than the 20th of the month following the one in which the tax liability arises for monthly filing and payment.- No later than the last day of the first month of the following quarter for quarterly filing and payment.
To be specific:
In case the taxpayer files quarterly for VAT and personal income tax (withholding tax declaration from salaries and wages), the deadline to file the Q2 2023 tax declaration is July 31, 2023 (Monday).
In case the taxpayer files monthly for VAT, special consumption tax, and personal income tax (withholding tax declaration from salaries and wages), the deadline to file the June 2023 tax declaration is July 20, 2023 (Thursday).
What is the deadline for filing the Q2 2023 tax declaration? How much is the penalty for late filing?
How to supplement the tax declaration dossier?
In accordance with Article 47 of the Tax Administration Law 2019, the supplementation of the tax declaration dossier is implemented as follows:
- If the taxpayer discovers errors or omissions in the tax declaration dossier already submitted to the tax authority, they can supplement the tax declaration dossier within 10 years from the deadline for submitting the tax declaration dossier of the tax period in which the errors or omissions occurred, but before the tax authority or competent authority announces their decision on tax inspection or tax examination.
- When the tax authority or competent authority has announced a tax inspection or examination decision at the taxpayer's headquarters, the taxpayer can still supplement the tax declaration dossier; the tax authority will impose administrative penalties on tax management violations as provided for in Article 142 and Article 143 of the Tax Administration Law 2019.
- After the tax authority or competent authority has issued conclusions or decisions on tax handling after inspection or examination at the taxpayer's headquarters, the supplementation of the tax declaration dossier is stipulated as follows:
+ Taxpayers can supplement the tax declaration dossier for cases increasing the payable tax amount, reducing the deductible tax amount, or reducing the exempted or refunded tax amount and will be subject to administrative penalties on tax management violations as provided in Article 142 and Article 143 of the Tax Administration Law 2019;
+ In cases where taxpayers discover errors or omissions in the tax declaration dossier that result in a decrease in the payable tax amount or an increase in the deductible, exempted, or refunded tax amount, they should follow regulations on tax complaint resolution.
- Supplementary tax declaration dossiers include:
+ Supplementary tax declaration form;+ Explanation of the supplementary declaration and related documents.
- For exported and imported goods, supplementary declarations are conducted in accordance with customs law.
How much is the penalty for late filing of the tax declaration?
According to Article 13 of Decree 125/2020/ND-CP, which regulates penalties for violations of tax declaration submission deadlines:
Penalties for violations of tax declaration submission deadlines
1. A warning is issued for late submission of tax declarations by 1 to 5 days if there are mitigating circumstances.
2. A fine ranging from VND 2,000,000 to VND 5,000,000 is imposed for late submission of tax declarations by 1 to 30 days, excluding the cases specified in Clause 1 of this Article.
3. A fine ranging from VND 5,000,000 to VND 8,000,000 is imposed for late submission of tax declarations by 31 to 60 days.
4. A fine ranging from VND 8,000,000 to VND 15,000,000 is imposed for one of the following acts:
a) Late submission of tax declarations by 61 to 90 days;b) Late submission of tax declarations by over 90 days but not incurring tax payable;c) Failure to submit tax declarations but not incurring tax payable;d) Failure to submit appendices required for tax management of enterprises with related-party transactions together with the corporate income tax finalization declaration.
5. A fine ranging from VND 15,000,000 to VND 25,000,000 is imposed for late submission of tax declarations by over 90 days from the deadline, with tax payable and the tax amount, late payment interest, and fine being fully paid before the tax authority announces the tax inspection decision or tax examination record as provided in Clause 11, Article 143 of the Tax Administration Law.
...
The fine amount is determined based on the number of days late in submitting the tax declaration and whether there are mitigating circumstances.
Note: The above fine amounts apply to organizations.
For taxpayers who are households, business households, or individuals, the fine amount is half of that for organizations.
LawNet