Current law has specific regulations on time limit for tax declaration and finalization of personal income tax (PIT). So how much is the penalty for late payment of PIT?
Article table of contents
Summary of penalties for late payment of PIT in 2022 (Illustration image)
1. Penalty for late payment of PIT in 2022
Pursuant to Article 13 of Decree 125/2020/ND-CP , the penalty for late tax declaration, tax payment and PIT finalization in 2022 depends on the number of days overdue, specifically as follows:
| STT |
Violation |
Fines |
| first |
Submitting tax declaration dossiers overdue from 01 day to 05 days and there are extenuating circumstances. |
Warning |
| 2 |
Submitting tax returns overdue from 01 day to 30 days, except for case 1 |
Fine from 2-5 million VND |
| 3 |
Submitting tax declaration dossiers beyond the prescribed time limit from 31 days to 60 days. |
Fine from 5-8 million VND |
| 4 |
Submitting tax declaration dossiers beyond the prescribed time limit from 61 days to 90 days; |
A fine of 8-15 million VND |
| Submitting tax return by 91 days or more, but no tax payable; |
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| Failing to submit tax declaration dossiers but not generating payable tax amounts; |
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| Failing to submit appendices according to regulations on tax administration for enterprises having related-party transactions together with the corporate income tax finalization documents. |
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| 5 |
If the tax return is submitted over 90 days after the deadline for submitting the tax return, there is a payable tax amount and the taxpayer has fully paid the tax and late payment interest to the state budget before the deadline. the point where the tax authority announces the decision on tax inspection or tax inspection or before the time the tax authority makes a record on late submission of tax declaration dossiers as prescribed. Note : In case the fine, if applied under this clause, is larger than the amount of tax incurred on the tax return, the maximum fine in this case is equal to the incurred tax payable on the tax return. but not less than 11.5 million VND. |
Fine from 15-25 million VND |
Note : In case an individual has a personal income tax refund but is late in submitting a tax finalization declaration as prescribed, no penalty will be applied for administrative violations in declaring tax finalization overtime (according toOfficial Letter 636/TCT- DNCNdated 12/3/2021).
In addition to the above-mentioned fine, the following remedial measures shall also be applied:
- Forcible payment of the late tax payment amount to the state budget for the above violations in case taxpayers are late in filing tax returns, leading to late payment of tax;
- Forcible submission of tax declaration dossiers, appendices attached to tax declaration dossiers, for violations: failure to submit tax declaration dossiers and failure to submit appendices according to regulations on tax administration for enterprises with related transactions. attached to the corporate income tax finalization file.
2. Penalties for late payment of fines for violations
When being fined for late in declaring and submitting the PIT finalization dossier mentioned in Section 1, the taxpayer is obliged to pay the fine within the prescribed time limit. In case of late payment of fines, late payment interest will be charged according to Article 42 of Decree 125/2020/ND-CP , specifically:
- Organizations and individuals that are late in paying fines for administrative violations of taxes and invoices will be charged a late payment fine at the rate of 0.05%/day based on the late payment fine.
- The number of days of late payment of fines, including holidays and days off according to the prescribed regime, is counted from the day following the expiration of the fine payment time limit to the day preceding the date the organization or individual pays the fine to the bank. state books.
Thus, if the fine payment is late, the taxpayer will also be fined a late payment interest calculated as follows:
1 day late payment = 0.05% x Amount of late payment
Cases that do not include late payment fines:
- During the period of postponement of the execution of the fine decision;
- During the consideration and decision to reduce or exempt fines;
- Undue fine amount in case fines are paid many times.
>> See more Deadline for tax declaration and personal income tax finalization in 2022
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