What are procedures for request for application of mutual agreement procedures under a Double Taxation Agreement in Vietnam?

What are procedures for request for application of mutual agreement procedures under a Double Taxation Agreement in Vietnam?

Pursuant to Point a, Point b, Point c, Clause 4, Article 62 of Circular 80/2021/TT-BTC stipulating procedures for request for application of mutual agreement procedures under a Double Taxation Agreement as follows:

4. Request for application of mutual agreement procedures under a Double Taxation Agreement:

a) In case a taxpayer that is a Vietnamese resident may submit the request for application of the mutual agreement procedures to a Vietnamese tax authority if the taxpayer finds that the foreign tax authority's action has or will render the tax payment unconformable with the Double Taxation Agreement. The taxpayer that is a foreign resident shall submit the request to the tax authority of the country of residence.

b) This guidance does not include mutual agreement procedures of Advance Pricing Agreements (APA)

c) The taxpayer may request application of mutual agreement procedures within the time limit specified in the mutual agreement procedures clauses of each Double Taxation Agreement.

What is implementation of documents to request application of mutual agreement procedures under a Double Taxation Agreement in Vietnam?

Pursuant to Point d, Clause 4 of Article 62 of Circular 80/2021/TT-BTC, on documents to request application of mutual agreement procedures under a Double Taxation Agreement as follows:

d) The taxpayer shall send the following documents to request application of bilateral agreement to the General Department of Taxation,:

d.1) The application form No. 01/DTA-MAP in Appendix I hereof;

d.2) The financial statement and tax returns that are relevant to the application of mutual agreement procedures;

d.3) Documents that are relevant to the tax obligations notice issued by the foreign tax authority;

d.4) Documents determining the price of the related-party transactions of the tax period in which application of mutual agreement procedures is requested (for mutual agreement procedures related to determination of transfer prices);

d.5) Information, documents, contracts, detailed description of the transactions and activities that are relevant to determination of tax obligations, the applicant's reasoning for application of mutual agreement procedures and analysis of determination of tax obligations;

d.6) Documents proving tax payment in case the applicant has paid the tax related to the application of mutual agreement procedures;

d.7) Copies of the written request for application of mutual agreement procedures and enclosed documents in case the applicant has submitted or will submit the request for application of mutual agreement procedures to the foreign tax authority;

d.8) Copies of the complaint and enclosed documents in case the applicant has filed or will file the complaint following other complaint settlement mechanism within and outside of Vietnam, and the complaint settlement result (if any).

Best Regards!