How does the General Department of Taxation of Vietnam request the extension of excise tax payment deadline on domestically manufactured and assembled automobiles?

How does the General Department of Taxation of Vietnam request the extension of excise tax payment deadline on domestically manufactured and assembled automobiles? - Question of Mr. Kim (Hanoi)

General Department of Taxation of Vietnam requires the extension of tax payment deadline on domestically manufactured and assembled automobiles?

On June 21, 2023, the General Department of Taxation of Vietnam issued Official Telegram No. 03/CD-TCT in 2023 directing the Tax Departments of the provinces and centrally-run cities; units under and under the General Department of Taxation of Vietnam shall organize the extension of the excise tax payment deadline on domestically manufactured or assembled automobiles.

According to the Official Telegram, the General Department of Taxation of Vietnam said that on June 21, 2023, the Government of Vietnam issued Decree No. 36/2023/ND-CP on the extension of the tax payment deadline for the payable excise tax amount arising in the tax period of June, July, August and September 2023 on domestically manufactured or assembled automobiles;

The extension period is from the end of the excise tax payment deadline in accordance with the law on tax administration to the end of November 20, 2023; The deadline for submitting the application for extension of the excise tax payment deadline is November 20, 2023.

The Decree comes into force as of the date of signing to December 31, 2023.

In order to continue to remove difficulties for production and business, and support those affected by the Covid-19 pandemic under the direction of the Government, the General Department of Taxation of Vietnam requires local tax departments to promptly deploy and propagate the extension of the excise tax payment deadline on domestically manufactured or assembled cars as prescribed in Decree No. 36/2023/ND-CP.

How does the General Department of Taxation of Vietnam request the extension of excise tax payment deadline on domestically manufactured and assembled automobiles?

How does the General Department of Taxation of Vietnam request the extension of excise tax payment deadline on domestically manufactured and assembled automobiles? (Image from the Internet)

What is the order and procedures for extending the deadline for paying excise tax on domestically produced automobiles?

Pursuant to Article 4 of Decree No. 36/2023/ND-CP stipulating as follows:

Procedures for extension
1. Taxpayers who are eligible for an extension must file a written application for extension of excise tax payment deadline with the supervisory tax authority electronically, in person, or by post, as provided in the Appendix of this Decree. The application should be filed with the excise tax declaration in accordance with the law on tax administration. In case the application for extension of the excise tax payment deadline is not filed at the same time as the filing date of the excise tax declaration, their filing deadline is November 20, 2023.Tax authorities still extend the deadlines for paying excise tax as prescribed in Article 3 of this Decree.
2. Taxpayers shall make sure that they meet the extension eligibility requirements under this Decree and take responsibility for their extension applications.
3. Tax authorities are not required to notify taxpayers of their acceptance of an extension of the excise tax payment deadline. If the tax authority determines that the taxpayer is ineligible for the extension during the extension period, they will notify the taxpayer in writing of the suspension. The taxpayer must then make sufficient payments of both tax and late payment interest to the state budget. If, after the expiration of the extension period, the tax authority discovers during an inspection that the taxpayer was ineligible for the extension as prescribed in this Decree, then the taxpayer must pay the outstanding tax, fines, and late payment interests that are re-determined by the tax authority into the state budget
4. During the extended period of excise tax payment, the tax authority will not charge late payment interest for the extended excise tax amount. In case the tax authority has charged the late payment interests for the excise tax declarations eligible for the extension under this Decree, they shall cancel these charges.

Thus, the procedures for extension of excise tax payment deadline on domestically produced automobiles shall be carried out the following process:

- Taxpayers who are eligible for an extension must file a written application for extension of excise tax payment deadline with the supervisory tax authority;

- Tax authorities are not required to notify taxpayers of their acceptance of an extension of the excise tax payment deadline.

If the tax authority determines that the taxpayer is ineligible for the extension:

+ In case during the extension period, they will notify the taxpayer in writing of the suspension and the taxpayer must then make sufficient payments of both tax and late payment interest to the state budget.

+ If, after the expiration of the extension period, the tax authority discovers during an inspection that the taxpayer was ineligible for the extension, then the taxpayer must pay the outstanding tax, fines, and late payment interests that are re-determined by the tax authority into the state budget.

At the end of the tax payment extension, how is the excise tax payment deadline on domestically manufactured and assembled automobiles done?

Pursuant to the provisions on the effect of Article 5 of Decree No. 36/2023/ND-CP as follows:

Implementation and entry into force
1. This Decree comes into force as of the date of signing to December 31, 2023.
2. After the extension period under this Decree, the payment of excise taxes on domestically manufactured or assembled automobiles shall comply with applicable regulations.
3. The Ministry of Finance shall direct and initiate the implementation and handle any issues arising during the implementation of this Decree.
4. Ministers, heads of ministerial-level agencies, heads of Governmental agencies, heads of related agencies, Presidents of People’s Committees of provinces and centrally affiliated to cities, and relevant enterprises, organizations and individuals shall implement this Decree.

Thus, after the extension period i.e. November 20, 2023, the payment of excise taxes on domestically manufactured or assembled automobiles shall comply with applicable regulations.

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