Vietnam: Guidance on the corporate income tax declaration

According to Vietnam’s regulations, declarations of corporate income tax are annual terminal tax declarations or terminal tax declarations up to time that the corporate undergoes division, splitting, consolidation, merger, conversion (not including the cases in which the receivers inheriting all tax obligation from corporate before conversion), dissolution, or shutdown; except ad hoc declarations of corporate income tax on real estate transfer and other operations defined by legislation on corporate income tax.

The corporate income tax declaration is specified in Clause 5 Article 4 of Decree No. 91/2014/NĐ-CP of Vietnam’s Government amending Clause 2 Article 12 of Decree No. 83/2013/NĐ-CP, specifically as follows:

- The declaration of corporate income tax settlement consists of:

+ The declaration form of corporate income tax settlement;

+ The annual financial statement or financial statement made up to the time the corporate undergoes division, splitting, consolidation, merger, conversion, dissolution, or shutdown;

- The declaration of corporate income tax arising from real estate transfer shall be the form of declaration of the corporate income tax on real estate transfer. The ad hoc declaration of corporate income tax shall be the form of declaration of corporate income tax.

The tax authority must inspect the final tax declarations of business within 15 working days from the day on which the materials or dossiers relating to the finalization of tax liability are received from the taxpayer in cases of division, splitting, consolidation, merger, conversion, dissolution, or shutdown. The Ministry of Finance shall instruct tax authorities to hire independent audit companies, tax agents to inspect terminal tax declarations of dissolved or shut down businesses.

View other provisions at Decree No. 91/2014/NĐ-CP of Vietnam’s Government, effective from November 15, 2014.

Thu Ba

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