Dossier on the termination of tax code validity for cooperatives ceasing operations due to merger or consolidation in Vietnam from February 6, 2025

Dossier on the termination of tax code validity for cooperatives ceasing operations due to merger or consolidation in Vietnam from February 6, 2025​ (Image from the Internet)

Dossier on the termination of tax code validity for cooperatives ceasing operations due to merger or consolidation in Vietnam from February 6, 2025

According to the provisions of Clause 2, Article 14 of Circular 86/2024/TT-BTC, enterprises, cooperatives, dependent units of enterprises, dependent units of cooperatives, prior to submitting a dossier for cessation of enterprise or cooperative operations due to division, merger, consolidation, or cessation of operations of dependent units at the business registration authority, must submit a dossier to the directly managed tax authority to perform tax procedures and fulfill tax obligations within the time limits prescribed by the Enterprise Law 2020 (for enterprises), Cooperative Law 2023 (for cooperatives), and other relevant laws.

In cases where the Enterprise Law 2020, Cooperative Law 2023, and other relevant laws do not stipulate a deadline for tax dossier submission to the tax authority, taxpayers must submit the dossier to the directly managed tax authority within 10 (ten) working days from the date of the division decision, merger contract, consolidation contract, decision or notice of the enterprise, cooperative about the cessation of operations of branches, representative offices, or the decision to revoke the branch or representative office operation certificate.

The dossier includes a Request for Tax Code Termination document, form number 24/DK-TCT issued alongside Circular 86/2024/TT-BTC and other documents as follows:

- Dossier for termination of tax code for enterprises, cooperatives subject to division, merger, consolidation is one of the following documents: Copy of the division decision, copy of the consolidation contract, copy of the merger contract.

- Dossier for termination of tax code for dependent units of enterprises, dependent units of cooperatives is one of the following documents: Copy of the decision or notice of the enterprise, cooperative about the cessation of operations of branches, representative offices; copy of the decision to revoke the branch, representative office operation certificate by a competent state authority.

Regulation on taxpayer registration and tax code issuance in Vietnam

The subjects of taxpayer registration and tax code issuance are specifically stipulated in Clause 1, Article 30 of the Tax Administration Law 2019 as follows: Taxpayers must perform taxpayer registration and be issued a tax code by the tax authority before commencing production, business activities, or incurring obligations with the state budget. Subjects for taxpayer registration include:

- Enterprises, organizations, individuals performing taxpayer registration through the one-stop service mechanism along with enterprise registration, cooperative registration, business registration as prescribed by the Enterprise Law 2020 and other relevant legal regulations;

- Organizations, individuals not falling within the scope of point a, Clause 1, Article 30 of the Tax Administration Law 2019 conduct taxpayer registration directly with the tax authority according to regulations of the Minister of Finance.

Refer to more details at Circular 86/2024/TT-BTC effective from February 6, 2025.

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