Vietnam: What is the latest application form for refund of overpayments? What are cases of tax refund?
What are the cases of tax refund in Vietnam?
Pursuant to Article 8 of the Law on Personal Income Tax 2007 stipulates as follows:
Tax administration and tax refund
1. Tax registration, declaration, withholding, payment, finalization and refund, handling of violations of the tax law, and tax administration measures comply with legal provisions on tax administration.
2. Individuals are entitled to tax refund in the following cases:
a/ Their paid tax amounts are larger than payable tax amounts;
b/ They have paid tax but their taxed incomes do not reach a tax-liable level;
c/ Other cases decided by competent state agencies.
Accordingly, individuals are entitled to tax refund in the following cases: paid tax amounts are larger than payable tax amounts; have paid tax but their taxed incomes do not reach a tax-liable level; and other cases decided by competent state agencies.
Vietnam: What is the latest application form for refund of overpayments? What are cases of tax refund?
What is the application for refund of overpayments in Vietnam?
Pursuant to Clause 1, Article 42 of Circular 80/2021/TT-BTC stipulates as follows:
Application for refund of overpayments
1. Application for refund of overpaid personal income tax (PIT) on income from salaries and remunerations
a) In case the income payer finalize tax as authorized by the individual, the application shall include:
a.1) The application form No. 01/DNXLNT in Appendix I hereof;
a.2) The authorization letter in case the taxpayer does not apply for tax refund himself/herself, unless the tax agent submits the tax refund application under a contract between the tax agent and the taxpayer;
a.3) The list of tax payment documents according to Form No. 02-1/HT in Appendix I hereof (prepared by the income payer).
b) In case the income earner directly finalizes tax with the tax authority and has overpaid tax on the terminal PIT form, the tax refund application is not required.
The tax authority shall decide whether to refund overpaid tax according to PIT finalization dossier as per regulations.
Thus, the refund of personal income tax on income from salaries and wages will be divided into two cases.
If the personal income tax refund is made through an organization or individual that pays salaries and wages, it is necessary to prepare a dossier, including a written request for handling the overpaid tax amount, a written authorization and a table of receipts. proof of tax payment.
If an individual earns income from salary or wages directly settles with the tax authority, the personal income tax refund does not need to prepare a tax refund dossier.
What are the regulations on application for refund of overpayments in Vietnam?
Currently, when an organization or individual paying salaries or wages carries out the procedures for personal income tax refund under the authorization of the paid individual, it is necessary to prepare an application for personal income tax refund according to the following form. No. 01/DNXLNT Appendix I promulgated together with Circular 80/2021/TT-BTC as follows:
Download the latest application form for refund of overpayments: Here.
LawNet
