What is handling of non-refund of overpaid amount for people who fail to offset the overpaid amount against tax obligations for more than 10 years in Vietnam?
What is handling of non-refund of overpaid amount for people who fail to offset the overpaid amount against tax obligations for more than 10 years in Vietnam? Who has authority to issue decisions on refund cancellation in Vietnam? Thankyou.
What is handling of non-refund of overpaid amount for people who fail to offset the overpaid amount against tax obligations for more than 10 years in Vietnam?
Pursuant to Clause 3, Article 26 of Circular 80/2021/TT-BTC stipulating in case the taxpayer fails to offset the overpaid amount against tax obligations and does not claim tax refund according to Point c Clause 3 Article 60 of the Law on Tax Administration:
3. In case the taxpayer fails to offset the overpaid amount against tax obligations and does not claim tax refund according to Point c Clause 3 Article 60 of the Law on Tax Administration:
a) After March 31 every year, pursuant to Clause 4 of this Article, the tax authority shall compile a list of overpaid amounts that have been overdue for 10 years according to Form No. 01/DSKNT in Appendix I hereof.
b) The tax authority shall send the taxpayer the notification of the overpaid amount that has been overdue for 10 years according to Form No. 02/TB-KHTNT in Appendix I hereof. The tax authority shall publish overpaid amounts of taxpayers that no longer operate at their registered addresses or whose TINs have been invalidated.
c) If the tax authority does not receive the taxpayer's response within 15 working days from the day on which the notification is sent to the taxpayer or published on the tax authority's website, the tax authority shall issue the decision on refund cancellation according to Form No. 01/QD-KHTNT in Appendix I hereof and finalized the taxpayer's overpaid amount on the accounting book.
d) Within 03 working days from the day on which the taxpayer's overpaid amount is finalized on the accounting books, the supervisory tax authority shall publish the decision on refund cancellation on its website.
What is handling of non-refund of overpaid amount for people who fail to offset the overpaid amount against tax obligations for more than 10 years in Vietnam? (Image from the Internet)
Who has authority to issue decisions on refund cancellation in Vietnam?
Pursuant to Clause 4, Article 26 of Circular 80/2021/TT-BTC stipulating the authority to issue decisions on refund cancellation as follows:
a) Supervisory tax authorities shall:
a.1) Receive, process applications for refund cancellation of taxpayers and issue decisions on refund cancellation regarding the overpaid amounts under their management or under management of the tax authority of the receiving province according to Point b Clause 6 Article 3 of this Circular.
a.2) Issue decisions on refund cancellation in cases where taxpayers under their management no longer operate at their registered addresses.
a.3) Issue decisions on refund cancellation in cases where overpaid amounts have been overdue for 10 years under their management or under management of the tax authority of the receiving province according to Point b Clause 6 Article 3 of this Circular.
b) State budget revenue-managing tax authorities shall:
b.1) Receive, process applications for refund cancellation of taxpayers and issue decisions on refund cancellation regarding the overpaid amounts under their management.
b.2) Cooperate in reviewing overpaid amounts and debts before the supervisory tax authorities issue decisions on refund cancellation in cases where taxpayers no longer operate at their registered addresses; finalize overpaid amounts under their management according to issued decisions.
b.3) Issue decisions on refund cancellation in cases where overpaid amounts have been overdue for 10 years under their management.
c) The tax authority of the receiving province prescribed in Point b Clause 6 Article 3 of this Circular shall:
Cooperate in reviewing overpaid amounts and debts before the supervisory tax authorities issue decisions on refund cancellation in the cases specified in Clause 1, Clause 2 and Clause 3 of this Article; offset and finalize overpaid amounts under their management according to issued decisions.
Best regards!
