Below is one of the notable contents specified in Circular 06/2021/TT-BTC elaborating a number of articles of the Law on Tax Administration 2019 on tax administration for imported and exported goods in Vietnam.
Article table of contents
Vietnam: Tax payment deadline for goods without official price in customs declaration (Illustration image)
Accordingly, in Article 7 of Circular 06/2021/TT-BTC, the Ministry of Finance has specifically guided Point b, Clause 4, Article 55 of the Law on Tax Administration, stipulating the deadline for tax payment for exported and imported goods as follows:
(1) The time limit for tax payment for goods subject to analysis and assessment in order to accurately determine the payable tax amount shall be implemented as follows:
- Taxpayers must temporarily pay tax according to the declaration code before releasing goods. Tax payment deadlines comply with the provisions of Article 9 of the Law on Import and Export Tax 2016.
- In case the results of analysis and assessment of goods are different from those declared by the taxpayer, leading to an increase in the payable tax amount, the time limit for paying the tax shortfall is 05 working days from the date the taxpayer receives the customs office's request for additional declaration.
In case the results of analysis and assessment of goods are different from those declared by the taxpayer, leading to a reduction in the payable tax amount, the customs authority shall notify the taxpayer to make additional declarations in accordance with the law on customs and handle the overpaid tax amount as prescribed in Article 10 of Circular 06/2021/TT-BTC.
(2) The time limit for tax payment in case the official price is not available at the time of registration of the customs declaration shall be as follows:
- Taxpayers must temporarily pay tax at the declared price before customs clearance or release of goods. The time limit for tax payment complies with Article 9 of the Law on Import Tax and Export Tax.
- If the official price is available, the taxpayer must additionally declare and pay the additional tax difference within 5 working days from the time the official price is available.
If there is an official price leading to a reduction in the payable tax amount, the customs authority shall handle the overpaid tax amount according to the provisions of Article 10 of Circular 06/2021/TT-BTC.
The official prices comply with the provisions of Article 17 of Circular 39/2015/TT-BTC regulating the customs value of exported and imported goods.
(3) The time limit for tax payment for goods with actual payment, goods with adjustments added to the customs value that have not been determined at the time of registration of the customs declaration shall be as follows: :
- Taxpayers must temporarily pay tax at the declared price before customs clearance or release of goods. The time limit for tax payment complies with Article 9 of Vietnam's Law on Import and Export Tax.
- In case there are actual payments, adjustments added to the customs value, the time limit for tax payment is 05 working days from the time the importer determines these amounts.
Actual payments, adjustments added to the customs value shall comply with the provisions of Vietnam's Circular 39/2015/TT-BTC and Circular 60/2014/TT-BTC amending and supplementing a number of articles of Circular 39/2015/TT-BTC stipulating the customs value of imported and exported goods.
Article 10. Guidance on Clause 5, Article 60, Clause 3, Article 61 of the Law on Tax Administration, providing for the competence and procedures for handling tax, late payment interest, and overpaid fines.
1. Taxes, late payment interest, and fines for exported and imported goods are determined to be overpaid according to the provisions of Article 60 of the Law on Tax Administration.
2. Authority to handle overpaid tax, late payment interest and fine:
a) For the case of the promulgation of tax imposition and sanctioning decisions, the Director of the General Department of Customs, the Director of the Customs Department of the province or city, the Director of the Post-Clearance Inspection Department, and the Director of the Anti-Smuggling Investigation Department.
b) The Director of the Sub-Department of Customs or the Director of Post-Clearance Inspection if the taxpayer has paid more in tax, late payment interest, fines, and other budget revenues than the payable amount.
c) The head of the customs office where the paid tax, late payment interest, or fine amount is greater than the determined tax, late payment interest, or fine amount based on the competent agency's complaint settlement decision, court judgment, or decision.
3. The procedures for dealing with overpaid tax, late payment interest, and fines must be in accordance with Clauses 2, 3, and 4, Article 131 of Clause 64, Article 1 of Vietnam's Circular 39/2018/TT-BTC.
Note: Vietnam's Circular 06/2021/TT-BTC takes effect from March 8, 2021.
- Key word:
- Circular 06/2021/TT-BTC of Vietnam
