What is implementation of physical applications for tax refund in Vietnam?
What is implementation of physical applications for tax refund in Vietnam? What are regulations on cancellation of tax refund application in Vietnam? Please advise.
1. Physical applications for tax refund in Vietnam
Pursuant to Clause 2, Article 32 of Circular 80/2021/TT-BTC stipulating physical applications for tax refund in Vietnam as follows:
2. Physical applications
a) In case the taxpayer submits a physical application at the tax authority, the tax official shall examine the satisfactoriness of the application as per regulations. In case the application is not satisfactory, the tax official shall request the taxpayer to supplement the application. In case the application is satisfactory, the tax official shall send a notice of receipt of the application according to Form No. 01/TB-HT in Appendix I hereof to the taxpayer record the application on the tax administration system.
b) In case the taxpayer sends the physical application by post, the tax official shall append the date stamp on the application and record the application on the tax administration system.
c) Within 03 working days from the day on which the application is received, the tax authority shall decide whether to issue the notice of granted application according to Form No. 02/TB-HT in Appendix hereof (if the application is granted), or the notice of unsatisfactory application according to Form No. 03/TB-HT in Appendix I hereof (for applications sent by post), or the notice of rejected application according to Form No. 04/TB-HT in Appendix I hereof (if the application is rejected).
2. Cancellation of tax refund application in Vietnam
Pursuant to Clause 3, Article 32 of Circular 80/2021/TT-BTC on cancellation of tax refund application in Vietnam as follows:
3. Cancellation of tax refund application
In case the taxpayer wishes to cancel the tax refund application that was sent to the tax authority, the taxpayer shall submit the written request for cancellation of the tax refund application according to Form No. 01/DNHUY in Appendix I hereof. Within 03 working days from the receipt of Form No. 01/DNHUY, the processing shall send the taxpayer a notice of cancelled tax refund application according to Form No. 02/TB-HT in Appendix I hereof and close it on the tax authority's records.
The taxpayer may carry deduct refundable tax from the tax payable on the tax form of the next period from the date of issuance of the notice of cancelled tax refund application if the conditions for declaration, deduction or re-submission of the tax refund application are satisfied.
In case the tax authority has issued the decision on inspection before tax refund, the taxpayer must not send the written request for cancellation of the tax refund application. The processing authority shall carry out the inspection in accordance with Article 110 of the Law on Tax Administration and Chapter VIII of this Circular.
Best Regards!
