What is the deadline for submitting the VAT tax returns in Vietnam for January 2025? What are the principles for tax declaration and tax calculation for the year 2025 in Vietnam?
According to the provisions of Clause 1, Article 44 of the Law on Tax Administration 2019:
Deadline for submitting tax return
1. The deadline for submitting tax return for monthly and quarterly taxes is stipulated as follows:
a) No later than the 20th day of the following month for the case of monthly tax return and payment;
b) No later than the last day of the first month of the following quarter for the case of quarterly tax return and payment.
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Therefore, no later than the 20th day of the month following the month in which the tax obligation arises, the enterprise must submit the tax return for monthly cases.
What is the deadline for submitting the VAT tax returns in Vietnam for January 2025? (Image from the internet)
According to Article 42 of the Law on Tax Administration 2019 (amended and supplemented by Law No. 56/2024/QH15 dated November 29, 2024) the principles of tax return and calculation for 2025 are stipulated as follows:
(1) Taxpayers must accurately, honestly, and fully declare all contents in the tax return form prescribed by the Minister of Finance and submit all required documents and materials in the tax return dossier to the tax management agency.
(2) Taxpayers calculate the tax amount they must pay themselves, except in cases where tax calculation is performed by the tax management agency as prescribed by the Government of Vietnam.
(3) Taxpayers perform tax return, calculation at the local tax authority with jurisdiction where their headquarters are located. In the case where taxpayers centralize accounting at the main headquarters but have dependent units in other provincial administrative units, they declare taxes at the main headquarters and calculate, allocate tax obligations payable to each locality entitled to state budget revenue. The Minister of Finance stipulates details for item (3).
(4) For business activities in e-commerce, digital platform-based business, and other services provided by foreign suppliers, foreign suppliers have the obligation to directly or authorize taxpayer registration, tax return, and tax payment in Vietnam as prescribed by the Minister of Finance.
(5) For households, individuals engaged in business activities on e-commerce platforms, digital platforms, the organization managing the e-commerce trading floor, digital platform with payment functions (including domestic and foreign organizations) and other organizations engaged in digital economic activities as stipulated by the Government of Vietnam perform tax withholding, payment on behalf, declare the withheld tax for the business households and individuals. If households, individuals engaged in business activities on e-commerce platforms, digital platforms are not subject to withholding and tax payment on behalf, they have the obligation to directly register as taxpayers, declare tax, and pay tax.
The Government of Vietnam details the scope of responsibility and methods for organizations managing e-commerce trading floors, digital platforms, and other organizations engaged in digital economic activities to perform tax withholding, payment on behalf, declaration of withheld tax for business transactions on e-commerce platforms, digital platforms by households and individuals; regarding tax return, payment, and refund procedures for households and individuals conducting business on e-commerce platforms, digital platforms.
(6) The principles of declaration, determination of taxable price for associated transactions are stipulated as follows:
(i) Declare, determine the price of associated transactions based on the principle of analyzing, comparing with independent transactions, and the principle that the essence of activities, transactions determines the tax obligations to assess the payable tax as in transactions between independent parties;
(ii) Adjust the price of associated transactions according to independent transactions to declare, determine the payable tax amount on the principle of not reducing taxable income;
(iii) Small scale, low tax risk taxpayers are exempt from implementing the stipulations in (i) and (ii) and are allowed a simplified mechanism in declaring, determining the price of associated transactions.
(6) The principle of tax return for the advance pricing agreement mechanism is stipulated as follows:
- Application of the advance pricing agreement mechanism for determining taxable prices is executed on the basis of a proposal by the taxpayer, agreement between the tax authority and the taxpayer via unilateral, bilateral, and multilateral agreements among tax authority, taxpayer, and relevant foreign tax authority or territory;
- Application of the advance pricing agreement mechanism for determining taxable prices must rely on verified taxpayer information and commercial database ensuring legal validity;
- Application of the advance pricing agreement mechanism for determining taxable prices must be approved by the Minister of Finance before implementation; for bilateral and multilateral agreements involving foreign tax authorities, they follow the provisions of international treaties and agreements.
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