What are details of guidance on VAT declaration in Vietnam under Circular 80 of 2024? Who is required to pay personal income tax under current regulations in Vietnam?
What are details of guidance on VAT declaration in Vietnam under Circular 80 of 2024?
Based on Article 2 of the 2007 Personal Income Tax Law, the individuals liable to pay tax are specified as follows:
(1) Individuals liable to pay personal income tax are resident individuals with taxable income specified in Article 3 of the 2007 Personal Income Tax Law arising within and outside the territory of Vietnam, and non-resident individuals with taxable income specified in Article 3 of the 2007 Personal Income Tax Law arising within the territory of Vietnam.
(2) A resident individual is someone who meets one of the following conditions:
+ Present in Vietnam for 183 days or more within a calendar year or for 12 consecutive months from the first day of presence in Vietnam;
+ Having a regular place of residence in Vietnam, including having a registered permanent residence or a rented house for living in Vietnam under a lease agreement with a fixed term.
(3) A non-resident individual is someone who does not meet the conditions specified in (2).
What are details of guidance on VAT declaration in Vietnam under Circular 80 of 2024? Who is required to pay personal income tax under current regulations in Vietnam? (Internet image)
What are the regulations on VAT declaration in Vietnam under Circular 80 of 2024?
DOWNLOAD VAT declaration form No. 01/GTGT according to Circular 80
Here is the guidance on declaring VAT according to Circular 80:
[1] The taxpayer chooses one of the following activities:
- General business production activities.
- Lottery, electronic lottery activities.
- Oil and gas exploration and exploitation activities.
- Investment projects on infrastructure, houses for transfer located in different provinces from the head office.
- Power plant production located in different provinces from the head office.
[2] Fill in the VAT payment period, specifically: fill in the month, year for taxpayers subject to monthly VAT declaration or fill in the quarter, year for taxpayers subject to quarterly VAT declaration.
[3] Fill in the full name if the taxpayer is an individual, in case the taxpayer is an organization, write the name of the organization according to the Business Registration Certificate/Household Business Registration Certificate/Establishment Decision or equivalent documents.
[4] Fill in the tax code of the taxpayer.
[5] Fill in the name of the tax agent if the taxpayer has signed a contract with a tax agent to declare VAT on behalf of the taxpayer.
[6] The taxpayer only declares information of dependent units/business locations located in different provinces from the main head office (name, tax code, address) at indicators [09], [10], and [11] in the following cases:
- Declare VAT for real estate transfer activities of infrastructure investment projects, houses for transfer (including cases of advance collection from customers according to the progress) at the location with real estate transfer activities.
- Declare VAT at the location with power plant production activities.
Note: In case of multiple dependent units, business locations located in multiple districts managed by the Tax Department, choose 1 unit to represent for declaration in these indicators. In case of multiple dependent units, business locations located in multiple districts managed by the Regional Tax Branch, choose 1 unit to represent for declaration in these indicators for the district managed by the Regional Tax Branch.
[7] Declare the value of goods, services not subject to VAT declaration, calculation, and payment according to VAT law provisions.
[8] Declare the amount of deductible tax adjusted down at indicator II on the supplementary declaration (if any).
[9] Declare the amount of deductible tax adjusted up at indicator II on the supplementary declaration (if any).
Note, for indicators [37] and [38] in the table: Specifically, in case the tax authority, competent authority has issued conclusions, decisions on tax handling with adjustments corresponding to previous tax periods, declare in the tax declaration dossier of the tax period receiving the conclusion, tax handling decision (no need for supplementary declaration dossier).
[10] Declare the amount of VAT yet to be claimed for refund of the investment project transferred to the taxpayer for continued deduction (amount of VAT deductible but not eligible for refund, not refunded declared separately) when the investment project goes into operation or the amount of VAT deductible yet to be claimed for refund of business activities of dependent units upon termination of activities,…
[11] Declare the total tax declared at indicators [28a] and [28b] of declaration form No. 02/GTGT.
Where to submit tax declaration forms under the regulations in Vietnam?
According to Article 45 of the Law on tax administration 2019, the places to submit tax declaration dossiers are as follows:
- Taxpayers submit tax declaration dossiers at the direct managing tax authority.
- In case of submitting tax declaration dossiers according to the one-stop-shop mechanism, the place to submit the tax declaration dossier is implemented according to the provisions of that mechanism.
- The place to submit tax declaration dossiers for export-import goods is implemented according to the Customs Law.
- the Government of Vietnam specifies the place to submit tax declaration dossiers in the following cases:
+ Taxpayers with multiple production and business activities;
+ Taxpayers engaged in production and business in multiple locations; taxpayers with tax obligations for taxes declared and paid according to each arising time;
+ Taxpayers with tax obligations for land-related revenues; license for water resource exploitation, mineral resource exploitation;
+ Taxpayers with tax obligations for finalizing personal income tax;
+ Taxpayers declaring tax through electronic transactions and other necessary cases.
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