Application and procedures for extending the deadline for paying VAT, CIT, and PIT in Vietnam 2023

On April 14, 2023, the Government of Vietnam issued Decree 12/2023/ND-CP on extending the deadline for paying value added tax, corporate income tax, personal income tax and land rent in 2023.

Application and procedures for extending the deadline for paying VAT, CIT, and PIT in Vietnam 2023

- Taxpayers who directly declare and pay tax with tax agencies eligible for extension send a written request for extension of tax payment and land rent (hereinafter referred to as the application for extension) for the first time or to replace it when errors are detected (by electronic means; send the hard copy directly to the tax office or send it by post) according to the form in the Appendix issued with Decree 12/2023/ND-CP for the tax authority to directly manage once for the entire tax amount incurred in the extended tax periods, together with the time of submitting monthly (or quarterly) tax declaration dossiers in accordance with the law on tax administration.

If the application for extension is not submitted at the same time as the monthly (or quarterly) tax return, then the deadline for payment is September 30, 2023. The tax authorities will still extend the tax payment of the extended periods before the time of submitting the application for extension.

In cases where taxpayers have extended amounts under different management tax authorities, the tax authority directly managing the taxpayer is responsible for transmitting information about the extension request to the relevant tax authority.

- Taxpayers themselves determine and take responsibility for the extension request to ensure the right beneficiaries under this Decree. If the taxpayer sends a written request for extension to the tax authority after September 30, 2023, the tax payment extension shall not be extended according to the provisions of this Decree.

In case the taxpayer makes an additional declaration on the tax declaration for the extended tax period, which leads to an increase in the amount payable and is sent to the tax authority before the expiration of the extended tax payment time limit, the extended tax amount includes the additional payable amount due to the additional declaration.

If the taxpayer makes additional declarations to the tax return for the extended tax period after the extended tax payment time limit expires, the payable amount will not be extended due to the additional declaration.

Hồ sơ, thủ tục gia hạn thời hạn nộp thuế GTGT, TNDN, TNCN năm 2023

Application and procedures for extending the deadline for paying VAT, CIT, and PIT in Vietnam 2023 (Internet image)

- Tax authorities are not required to notify taxpayers of their acceptance of a tax payment extension. If during the extension period the tax authority has grounds to determine that the taxpayer is not subject to the extension, the tax authority shall notify the taxpayer in writing of the non-renewal, and the taxpayer must pay the full amount of tax and late payment interest during the extension period into the state budget.

If, after the extension period expires, through inspection or examination by a competent state agency, it is discovered that the taxpayer is not eligible for a tax payment extension as prescribed in this Decree, taxpayers must pay the outstanding tax, fines, and late payment interest to the state budget.

- No late payment interest for the extended tax amount during the extended payment period (including the case where the taxpayer sends the request for extension to the tax authority after submitting the tax return as prescribed above) and in case the competent authority, through inspection or inspection, determines that the extended taxpayer has an increased payable amount for the extended tax periods).

If the tax authority has already calculated the late payment interest (if any) for the tax dossiers subject to the extension as prescribed in this Decree, the tax authority shall make adjustments and not charge late payment interest.

- Investors of capital construction works and items with state budget capital, payments from state budget sources for capital construction works of ODA-funded projects subject to value-added tax when carrying out payment procedures with the State Treasury must enclose a notice that the tax authority has received the application for extension or a written request for extension with certification of being sent to the tax authority of the contractor performing the work.

The State Treasury of Vietnam shall base itself on the dossier sent by the investor to not deduct value added tax during the extension period. When the extension period expires, the contractor must pay the extended tax amount as prescribed.

Mai Thanh Loi

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