When shall individuals directly responsible for tax declaration in 2024 in Vietnam submit their tax declaration dossiers? Can they extend the deadline for submission of tax declaration dossiers?
When shall individuals directly responsible for tax declaration in 2024 in Vietnam submit their tax declaration dossiers? Can they extend the deadline for submission of tax declaration dossiers? Thank you! - Mr. Thanh (Dong Nai)
Who shall be directly responsible for personal income tax declaration with the Tax Authority in Vietnam?
Based on Subsection 1, Section 1 of Official Dispatch 9188/CTHN-HKDCN in 2022, which stipulates the individuals who must directly declare personal income tax (PIT) with the Tax Authority, the following regulations are stipulated:
- Resident individuals with income from salaries or wages, if they have additional tax payable, except for cases where the additional tax payable is less than 50,000 VND after annual tax declaration.
- Individuals with excess tax paid who wish to request a refund or offset in the subsequent tax period.
- Resident individuals with income from salaries or wages who are also eligible for tax reduction due to natural disasters, fires, accidents, or severe illnesses.
- Non-resident individuals whose employment contracts in Vietnam have ended must declare their taxes with the tax authority before departing the country.
Note: Where duration of stay in Vietnam of an individual is less than 183 days in calendar year of stay and equal to or more than 183 days within 12 consecutive months from the first day in which he/she is present in Vietnam, the first year for the purpose of tax finalization shall be the 12 consecutive months from the first day in which he/she is present in Vietnam
When shall individuals directly responsible for tax declaration in 2024 in Vietnam submit their tax declaration dossiers? Can they extend the deadline for submission of tax declaration dossiers? - image from internet
When shall individuals directly responsible for tax declaration in 2024 in Vietnam submit their tax declaration dossiers?
Pursuant to Clause 2 Article 44 of the Law on Tax Administration in 2019 stipulating deadlines for submission of tax declaration dossiers of individuals directly responsible for tax declaration:
Deadlines for submission of tax declaration dossiers
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2. For taxes declared annually:
a) For annual tax statement dossiers: the last day of the 3rd month from the end of the calendar year or fiscal year. For annual tax declaration dossiers: the last day of the first month from the end of the calendar year or fiscal year
b) For annual personal income tax statements prepared by income earners: the last day of the 4th month from the end of the calendar year;
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Based on Section 5 of Official Dispatch 636/TCT-DNNCN in 2021, the guidelines on the deadline for declaring personal income tax (PIT) are as follows:
V. DEADLINE FOR SUBMITTING TAX DECLARATION DOCUMENTS
Based on the provisions in Points a aof the decree b, Clause 2, Article 44 of the Law on Tax Administration No. 38/2019/QH14 of the National Assembly, the deadline for filing tax declaration documents for PIT is as follows:
- For organizations paying income: The deadline for filing tax declaration documents is the last day of the third month from the end of the calendar year or fiscal year.
- For individuals directly declaring tax: The deadline for filing tax declaration documents is the last day of the fourth month from the end of the calendar year. In cases where the deadline coincides with a designated holiday, the next working day will be considered the deadline. If an individual has a tax refund but fails to submit the tax settlement declaration as required, no administrative penalty will be applied for late submission of the tax settlement declaration.
Therefore, the deadline for submitting tax declaration documents for PIT in 2024 for individuals directly declaring tax is the last day of April, which is April 30th. However, since April 30th and May 1st are designated holidays, the deadline for submitting tax declaration documents for PIT in 2024 will be Thursday, May 2nd, 2024.
Note: The above-mentioned deadline for submitting tax declaration documents for PIT in 2024 refers to the deadline for submitting tax declaration documents for the 2023 tax period.
Is it permissible for individuals directly responsible for tax declaration in 2024 to extend the deadline for submission of tax declaration dossiers?
Pursuant to Article 46 of the Law on Tax Administration in 2019 stipulating extension of deadline of submission of personal income tax declaration:
Deadline extension
1. In case a taxpayer is unable to submit the tax declaration dossier by the deadline due to a natural disaster, epidemic, fire or accident, the head of the supervisory tax authority will consider extending the deadline for submission.
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3. The taxpayer shall send a written request for deadline extension to the tax authority before the deadline, provide explanation and confirmation by the People’s Committee or police authority of the commune in which the event mentioned in Clause 1 of this Article occurred.
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As regulations above, it is permissible to extend the deadline for submission of personal income tax declaration dossiers in case a taxpayer is unable to submit the tax declaration dossier by the deadline due to a natural disaster, epidemic, fire or accident.
The taxpayer shall send a written request for deadline extension to the tax authority before the deadline
Best regards!
