Late Payment of Personal Income Tax: Is a Fine Required?

Based on Clause 1 Article 3 of Decree 100/2016/ND-CP regulating the handling of late tax payments as follows:

"Taxpayers who pay taxes later than the stipulated deadline, the extended tax payment deadline, the deadline specified in the tax authority's notification, or the deadline in the tax authority's decision must pay the full tax amount and the late payment fee calculated at 0.03% per day on the overdue tax amount.

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In cases where taxpayers supply goods and services funded by the state budget but have not yet been paid, leading to late tax payment, tax enforcement will not be implemented, and no late payment fee will be charged on the overdue tax amount, provided it does not exceed the amount of state budget payments outstanding during the period for which the payments are due."

Therefore, in your case where you provide goods and services funded by the state budget but have not yet been paid, leading to late tax payment, you are not required to pay the late payment fee and will not be subject to tax enforcement.

In other cases, you will have to pay a late payment fee calculated at 0.03% per day on the overdue tax amount. Based on the tax amount you owe, which is 322,650,000 VND, and the delinquency period of 4 days, the late payment fee is calculated as follows: 322,650,000 x 0.03% x 4 = 387,180 VND.

The above is the content of the consultation sent to you by the Editorial Board.

Respectfully!