What is the current deadline for filing tax returns in Vietnam? In case of late payment, how much will be fined?
What is the deadline for filing a tax return?
Pursuant to Article 44 of the Law on Tax Administration 2019 stipulates as follows:
“Article 44. Time limit for filing tax returns
1. The deadline for submitting tax declaration dossiers for taxes declared on a monthly or quarterly basis is prescribed as follows:
a) No later than the 20th day of the month following the month in which the tax liability arises, in the case of monthly declaration and payment;
b) No later than the last day of the first month of the quarter following the quarter in which the tax liability arises, in the case of quarterly declaration and payment.
2. The time limit for submitting tax declaration dossiers for taxes with a tax period according to the year is prescribed as follows:
a) No later than the last day of the 3rd month from the end of the calendar year or fiscal year, for the annual tax finalization dossier; no later than the last day of the first month of the calendar year or fiscal year for the annual tax return;
b) No later than the last day of the 4th month from the end of the calendar year, for personal income tax finalization dossiers of individuals who directly finalize tax;
c) No later than December 15 of the preceding year, for flat tax declaration dossiers of business households and individuals paying tax by the presumptive method; In case the business household or individual is new to business, the time limit for filing a flat tax return is 10 days from the date of starting the business.
3. The time limit for submitting tax declaration dossiers for taxes declared and paid for each time a tax obligation arises is the 10th day from the date of arising of the tax obligation.
4. The time limit for submitting tax declaration dossiers in case of operation termination, contract termination or enterprise reorganization is 45 days after the event occurs.
5. The Government shall prescribe the deadline for submitting tax declaration dossiers for agricultural land use tax; non-agricultural land use tax; land use fees; land rent, water surface rent; money for granting mining rights; money for granting the right to exploit water resources; registration fee; license fees; revenues into the state budget in accordance with the law on management and use of public properties; cross-country profit reporting.
6. The time limit for submitting tax declaration dossiers for imported and exported goods complies with the Customs Law.
7. In case the taxpayer declares tax through electronic transactions on the last day of the tax return filing deadline but the tax authority's electronic portal encounters problems, the taxpayer shall submit the tax return, electronic tax payment vouchers within the next day after the tax authority's electronic portal resumes operation."
Thus, based on the tax payment cases to determine the tax payment deadline as prescribed above.
What is the current deadline for filing tax returns in Vietnam? How much will be the penalty for late payment?
Where is the current tax filing location?
Pursuant to Article 45 of the Law on Tax Administration 2019 stipulates as follows:
“Article 45. Location of filing tax returns
1. Taxpayers submit tax declaration dossiers at tax agencies directly managing them.
2. In case of submitting tax declaration dossiers under the one-stop-shop mechanism, the place for submitting tax declaration dossiers shall comply with the provisions of that mechanism.
3. Locations for submitting tax declaration dossiers for exported and imported goods comply with the provisions of the Customs Law.
4. The Government shall stipulate the location of filing tax returns in the following cases:
a) Taxpayers have many production and business activities;
b) Taxpayers carry out production and business activities in many areas; taxpayers incur tax obligations for taxes declared and paid each time they are incurred;
c) Taxpayers have tax obligations with respect to revenues from land; granting the right to exploit water and mineral resources;
d) Taxpayers have tax obligations to finalize personal income tax;
dd) Taxpayers make tax declaration through electronic transactions and other necessary cases”
Thus, the tax return file will be filed at the tax authority directly of the taxpayer.
What are the administrative penalties for filing tax returns in Vietnam late?
Pursuant to Article 13 of Decree 125/2020/ND-CP stipulates as follows:
“Article 13. Sanctions for violations of tax filing deadlines
1. A warning will be imposed on the act of submitting tax declaration dossiers beyond the deadline from 01 day to 05 days and there are extenuating circumstances.
2. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for submitting tax declaration dossiers beyond the deadline from 01 day to 30 days, except for the case specified in Clause 1 of this Article.
3. A fine ranging from VND 5,000,000 to VND 8,000,000 shall be imposed for submitting tax declaration dossiers beyond the prescribed time limit from 31 days to 60 days.
4. A fine of between VND 8,000,000 and 15,000,000 shall be imposed for one of the following acts:
a) Submitting tax declaration dossiers beyond the prescribed time limit from 61 days to 90 days;
b) Submitting tax declaration dossiers 91 days or more past the prescribed time limit, but no tax payable is incurred;
c) Failing to submit tax declaration dossiers but not generating payable tax amounts;
d) Failing to submit the appendices according to regulations on tax administration for enterprises having associated transactions together with the enterprise income tax finalization dossiers.
5. A fine ranging from VND 15,000,000 to VND 25,000,000 shall be imposed for submitting tax declaration dossiers over 90 days after the deadline for submitting tax declaration dossiers, generating tax payable and taxpayers. The tax has paid the full amount of tax and late payment interest to the state budget before the time the tax agency announces the decision on tax inspection or tax inspection or before the tax authority makes a record on the act of late filing. declare tax according to the provisions of Clause 11 Article 143 of the Law on Tax Administration.
In case the fine amount applied under this Clause is larger than the tax amount incurred on the tax return, the maximum fine amount in this case is equal to the arising tax payable on the tax return, but not less. than the average of the fine bracket specified in Clause 4 of this Article.
6. Remedial measures:
a) Enforce the payment of the late tax payment amount into the state budget, for violations specified in Clauses 1, 2, 3, 4 and 5 of this Article in case the taxpayer is late in submitting the tax return. leads to late payment of tax;
b) Enforced submission of tax declaration dossiers and appendices to tax declaration dossiers, for the acts specified at Points c and d, Clause 4 of this Article.”
Thus, depending on the number of days of late payment, the taxpayer will be administratively sanctioned according to the fine levels specified above.
In addition, taxpayers are also required to take remedial measures as prescribed above.
Note: The fine level specified in Article 13 is the fine level applicable to the organization. For taxpayers who are households and business households, the same fine level applies to individuals.
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