What are tax explanation letter templates for late submission of tax returns in Vietnam for accountants in 2024?
- What is a tax explanation letter in Vietnam?
- What are tax explanation letter templates for late submission of tax returns in Vietnam for accountants in 2024?
- How much is the administrative fine for late submission of tax returnsin Vietnam?
- What are cases requiring explanations about tax or invoice-related administrative violations in Vietnam?
What is a tax explanation letter in Vietnam?
A tax explanation letter is a type of document that businesses use to send to tax authorities to explain specific tax-related issues. Typically, the main content that should be included in a tax explanation letter includes:
- Country's official name and motto.
- Date and place of sending the letter.
- Tax authority receiving the letter.
- Information about the business providing the explanation.
- Tax explanation content.
+ Required content in the letter: Reasons for the need to explain taxes, reasons for any errors, corrective measures, recommendations, and requests to the tax authority.
+ The content of the letter must be clear, concise, and relevant to the explanation.
+ The content of the letter must ensure honesty and accuracy, and should not be falsified or deceptive. In cases where deception is present in the explanation letter, the organization or business must take responsibility as stipulated by the law.
+ Confirmation from the legal representative or the head of the business providing the explanation.
What are tax explanation letter templates for late submission of tax returns in Vietnam for accountants in 2024? (Image from the Internet)
What are tax explanation letter templates for late submission of tax returns in Vietnam for accountants in 2024?
Some tax explanation letter templates for late submission of tax returns in 2024 are as follows
TAX EXPLANATION LETTER in response to the tax department's letter regarding late submission of tax returns | |
TAX EXPLANATION LETTER for late submission of tax returns | |
TAX EXPLANATION LETTER for late submission of VAT returns by quarter |
Note: The tax explanation letter has not been specifically regulated as a template in the legal documents, so when using this Tax Explanation Letter template, it is only for reference purposes. Depending on each specific case, customers should adjust the content of the template to be appropriate for the actual situation.
How much is the administrative fine for late submission of tax returnsin Vietnam?
Pursuant to the provisions of Article 13 of Decree 125/2020/ND-CP, late submission of tax returns will result in fines and Remedies as follows:
(1) Penalties imposed in form of cautions shall be imposed for violations arising from filing tax returns from 01 to 05 days after expiration of the prescribed time limits under mitigating circumstances.
(2) Fines ranging from VND 2,000,000 to VND 5,000,000 shall be imposed for the act of submitting tax returns from 01 to 30 days after expiration of the prescribed time limits, except the cases specified in clause 1 of this Article.
(3) Fines ranging from VND 5,000,000 to VND 8,000,000 shall be imposed for the act of submitting tax returns from 31 to 60 days after expiration of the prescribed time limits.
(4) Fines ranging from VND 8,000,000 to VND 15,000,000 shall be imposed for one of the following violations:
- Filing tax returns from 61 to 90 days after expiration of the prescribed time limits;
- Filing tax returns at least 91 days after expiration of the prescribed time limits if none of additional taxes is incurred;
- Failing to submit tax returns if none of additional taxes is incurred;
- Failing to submit annexes under regulations regarding tax administration by enterprises having related-party transactions, enclosing CIT finalization dossiers.
(5) Fines ranging from VND 15,000,000 to VND 25,000,000 shall be imposed for the act of filing tax returns more than 90 days after the prescribed deadline if such act results in additional taxes to be paid, and the taxpayer has fully paid taxes, deferred amounts into the state budget before the time of the tax authority’s announcement of the decision on tax inspection and examination, or before the time of the tax authority’s issuance of the report on the deferred submission of tax returns under the provisions of clause 11 of Article 143 in the Law on Tax Administration 2019.
In case where the fine amount prescribed in this clause is greater than the tax amount additionally incurred in the tax return, the maximum amount of fine for this act shall be equal to the tax amount payable specified in the tax return and shall not be less than the average of fine amounts in the range prescribed in clause 4 of Article 13 of Decree 125/2020/ND-CP.
(6) Remedies:
- Compelling the full payment of deferred tax amounts into the state budget with respect to the commission of the acts prescribed in clause 1, 2, 3, 4 and 5 of Article 13 of Decree 125/2020/ND-CP if the taxpayer delays filing their tax return, leading to the late payment of taxes;
- Compelling the submission of tax returns, enclosing annexes, in case of committing the acts specified in point c and d of clause 4 of Article 13 of Decree 125/2020/ND-CP.
The above-mentioned fine amounts are applicable to organizations. The fine for individuals violating the regulations is equal to half of the fine for organizations.
For taxpayers who are households or small businesses, the fine amount would be the same as that for individuals
What are cases requiring explanations about tax or invoice-related administrative violations in Vietnam?
Pursuant to Clause 1, Article 37 of Decree 125/2020/ND-CP, cases requiring explanations about tax or invoice-related administrative violations include:
- Tax or invoice-related administrative violations that are detected through tax inspections or examinations or cases requiring electronic administrative violation reports to be issued;
- Administrative violations prescribed in Article 16, 17 and 18; clause 3 of Article 20; clause 7 of Article 21; Article 22 and 28 of Decree 125/2020/ND-CP.
+ The act of making false declaration that causes any deficiency in taxes payable or any increase in amounts of tax exemption, reduction or refund
+ The act of tax evasion;
+ Tax-related administrative penalties on violating commercial banks, tax payment guarantor;
+ The act of ordering the service of printing invoices by using sample invoices already released by other entities or persons, or the act of ordering of the service of printing invoices if printed invoices share the same numbers as those having the same invoice symbol.
+ The act of giving and selling invoices;
+ The act of using invoices illegally or using illegal invoices.
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