What does application for refund of overpaid personal income tax (PIT) on income from salaries and remunerations in Vietnam comprise?
What does application for refund of overpaid personal income tax (PIT) on income from salaries and remunerations in Vietnam comprise? What are regulations on application for refund of overpayments of other taxes in Vietnam? Please advise.
1. What does application for refund of overpaid personal income tax (PIT) on income from salaries and remunerations in Vietnam comprise?
Pursuant to Clause 1, Article 42 of Circular 80/2021/TT-BTC stipulating application for refund of overpaid personal income tax (PIT) on income from salaries and remunerations as follows:
1. Application for refund of overpaid personal income tax (PIT) on income from salaries and remunerations
a) In case the income payer finalize tax as authorized by the individual, the application shall include:
a.1) The application form No. 01/DNXLNT in Appendix I hereof;
a.2) The authorization letter in case the taxpayer does not apply for tax refund himself/herself, unless the tax agent submits the tax refund application under a contract between the tax agent and the taxpayer;
a.3) The list of tax payment documents according to Form No. 02-1/HT in Appendix I hereof (prepared by the income payer).
b) In case the income earner directly finalizes tax with the tax authority and has overpaid tax on the terminal PIT form, the tax refund application is not required.
The tax authority shall decide whether to refund overpaid tax according to PIT finalization dossier as per regulations.
2. What are regulations on application for refund of overpayments of other taxes in Vietnam?
Pursuant to Clauses 2 and 3 of Article 42 of Circular 80/2021/TT-BTC, application for refund of overpayments of other taxes is as follows:
2. An application for refund of overpayments of other taxes and amounts shall include:
a) The application form No. 01/DNXLNT in Appendix I hereof;
b) The authorization letter in case the taxpayer does not apply for tax refund himself/herself, unless the tax agent submits the tax refund application under a contract between the tax agent and the taxpayer;
c) Enclosed documents (if any).
3. c) In case refund upon ownership transfer, enterprise conversion, merger, consolidation, division, bankruptcy, dissolution, shutdown where a site inspection at the taxpayer's premises is required according to Point g Clause 1 Article 110 of the Law on Tax Administration and Chapter VIII of this Circular, the taxpayer is not required to
submit the tax refund application as prescribed in this Clause if the inspection verdict or other inspection-related documents shows that the taxpayer has overpaid tax. The tax authority shall complete procedures for refunding the overpaid tax according to the inspection verdict or other inspection-related documents.
Best Regards!
