Do people who lose legal capacity have to fulfill tax liability in Vietnam?
Do people who lose legal capacity have to fulfill tax liability in Vietnam? Do enterprises which are rearranged have to fulfill tax liability in Vietnam? Do enterprises have to fulfill tax liability in Vietnam upon dissolution, bankruptcy and shutdown?
Do people who lose legal capacity have to fulfill tax liability in Vietnam?
According to the Law on Tax Administration in 2019, do people who lose legal capacity have to fulfill tax liability in Vietnam? If they have to fulfill, how can they carry the process? Thank you!
Answer:
Pursuant to Clause 2 Article 69 of the Law on Tax Administration in 2019 stipulating as follows:
Tax liability of a person who is declared missing or incapacitated by the court shall be fulfilled by his/her property manager within the property.
As regulations above, people who lose legal capacity still have to fulfill tax liability in Vietnam. Tax liability of them shall be fulfilled by his/her property manager within the property.
Do people who lose legal capacity have to fulfill tax liability in Vietnam? - Image from Internet
Do enterprises which are rearranged have to fulfill tax liability in Vietnam?
Do enterprises which are rearranged have to fulfill tax liability in Vietnam?
Answer:
Pursuant to Article 68 of the Law on Tax Administration in 2019 stipulating as follows:
- A fully divided enterprise shall fulfill its tax liability before the division. Otherwise, it shall be fulfilled by the new enterprises established from the division.
- A partially divided enterprise, consolidating enterprise or acquired enterprise shall fulfill its tax liability before the division. Otherwise, it shall be fulfilled by both the partially divided enterprise and the new enterprise, the consolidated enterprise or the acquirer.
- An enterprise that is converted into another type of business entity shall fulfill its tax liability before the conversion. Otherwise, it shall be fulfilled by the enterprise after conversion.
- The rearrangement does not change the time for tax payment by the rearranged enterprise. The rearranged enterprise or the new enterprise(s) that fails to fully pay tax by the deadline will face penalties as prescribed by law.
As regulations above, enterprises which are rearranged still have to fulfill tax liability in Vietnam. The enterprise, which is newly established due to the rearrangement, shall fulfill the tax liability.
Do enterprises have to fulfill tax liability in Vietnam upon dissolution, bankruptcy and shutdown?
Do enterprises have to fulfill tax liability in Vietnam upon dissolution, bankruptcy and shutdown?
Answer:
Pursuant to Article 67 of the Law on Tax Administration in 2019 stipulating as follows:
- Tax liability shall be fulfilled upon enterprise dissolution in accordance with regulations of law on enterprises, credit institutions, insurance business and relevant laws.
- Tax liability shall be fulfilled upon bankruptcy in accordance with bankruptcy laws.
- When a enterprise shuts down or leaves the registered location before it fulfills its tax liability, the outstanding tax shall be paid by the owner of the sole proprietorship, single-member limited liability company, shareholders, partners or general partners (depending on the type of business entity).
- When a household business or individual businesses ceases business operation before its tax liability is fulfilled, the outstanding tax shall be paid by its owner.
- In the cases where a branch or dependent unit of a taxpayer shuts down without fully paying its tax and other amounts payable to state budget, the taxpayer shall incur such debts.
Best regards!
