Vietnam: When there is an order for return of state budget revenues, how long does it take for the State Treasury to refund tax to taxpayers?
- How do tax authorities process tax refund dossiers?
- How to issue an order for return of state budget revenues or an order for return and offsetting of state budget revenues in Vietnam?
- When there is an order for return of state budget revenues, how long does it take for the State Treasury to refund tax to taxpayers in Vietnam?
How do tax authorities process tax refund dossiers?
According to the provisions of Article 36 of Circular No. 80/2021/TT-BTC stipulating as follows:
Tax refund decisions
1. The processing authority shall determine the refundable amount, the tax debt to be offset against refundable amount, tax to be paid on behalf of another taxpayer, remaining refundable amount after offsetting, then prepare the refund proposal and draft the decision on tax refund or decision on state budget revenue offsetting (hereinafter referred to as "tax refund decision") according to Form No. 01/QDHT or Form No. 02/QDHT, a Appendix of tax, late payment interest, fines that are offset against refundable amount (if any) according to Form No. 01/PL-BT, the notice of ineligibility for tax refund (if any) according to Form No. 04/TB-HT in Appendix I hereof.
2. The tax authority shall update on the tax administration system information about the tax refund application, including: the tax declaration dossier, tax refund application, tax refund inspection record (if any), post-inspection tax decision (if any), draft tax refund decision, appendix of tax, late payment interest, fines that are offset against refundable amount (if any) or notice of ineligibility for tax refund (if any).
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According to the above regulations, the tax authority shall determine the refundable amount, the tax debt to be offset against refundable amount, tax to be paid on behalf of another taxpayer, remaining refundable amount after offsetting, then prepare the refund proposal and draft the decision on tax refund.
When there is an order for return of state budget revenues, how long does it take for the State Treasury to refund tax to taxpayers in Vietnam?
How to issue an order for return of state budget revenues or an order for return and offsetting of state budget revenues in Vietnam?
According to the provisions of Clause 1, Article 37 of Circular No. 80/2021/TT-BTC stipulating as follows:
Issuance of an order for return of state budget revenues or an order for return and offsetting of state budget revenues in Vietnam
1. The tax authority that issued the tax refund decision or decision on tax refund to VAT refund agent shall issue an order for return of state budget revenues or an order for return and offsetting of state budget revenues in accordance with regulations of law on state budget accounting and State Treasury operations
Right after the issuance of the order for return of state budget revenues or an order for return and offsetting of state budget revenues, the tax authority shall send it to the State Treasury electronically; if the order cannot be sent electronically, the tax authority shall send the physical order to the State Treasury for refunding tax to the taxpayer.
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Thus, the tax authority that issued the tax refund decision or decision on tax refund to VAT refund agent shall issue an order for return of state budget revenues or an order for return and offsetting of state budget revenues in accordance with regulations of law on state budget accounting and State Treasury operations
Right after the issuance of the order for return of state budget revenues or an order for return and offsetting of state budget revenues, the tax authority shall send it to the State Treasury electronically;
If the order cannot be sent electronically, the tax authority shall send the physical order to the State Treasury for refunding tax to the taxpayer.
When there is an order for return of state budget revenues, how long does it take for the State Treasury to refund tax to taxpayers in Vietnam?
Pursuant to Clause 2, Article 37 of Circular No. 80/2021/TT-BTC, the State Treasury shall refund tax to the taxpayer within 01 working day from the day on which the order is received.
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