From July 1, 2013, all businesses nationwide are required to declare and submit tax returns online. This content is stipulated in Law No. 21/2012/QH13 on the amendment and supplementation of certain articles of the Law on Tax Administration. The details of the changes are as follows:
Article table of contents
On the obligations of taxpayers
Based on Clause 4, Article 1, Amended Tax Administration Law 2012, the obligations of taxpayers have been supplemented as follows: If a taxpayer is a business organization located in an area with information technology infrastructure, it must declare, pay tax, and transact with the tax authorities through electronic means as prescribed by the law on electronic transactions.
On determining taxable prices
According to this law, the application of the Advanced Pricing Agreement (APA) mechanism in determining taxable prices is carried out based on the taxpayer’s proposal and the agreement between the tax authorities and the taxpayer through unilateral, bilateral, and multilateral agreements between the tax authorities, taxpayers, and the tax authorities of relevant countries or territories.
Tax declaration documents
Supplements to quarterly tax declaration documents include:
+ Quarterly tax declaration form;+ List of invoices for goods and services sold (if any);+ List of invoices for goods and services purchased (if any);+ Other documents related to the payable tax amount.
Illustrative image (source: internet)
Deadline for submitting quarterly tax declaration documents: No later than the thirtieth day of the following quarter for which the tax obligation arises, in cases of quarterly declaration and payment.
For taxes with an annual tax period, the law also clearly stipulates: With respect to non-agricultural land use tax and land rent, the deadline for tax declaration is as prescribed by the law on non-agricultural land use tax and land rent.
Location for submitting tax declaration documents is specifically stipulated as follows:
+ Taxpayers submit tax declaration documents at the directly managing tax authority;+ In cases of submitting tax declaration documents through the one-stop-shop mechanism, the submission location follows the regulations of that mechanism;+ The submission location for tax declaration documents for exported and imported goods follows the provisions of the Customs Law;+ The Government of Vietnam stipulates the submission locations for cases: taxpayers with multiple production and business activities; taxpayers conducting production and business activities in multiple areas; taxpayers having tax obligations for types of taxes declared and paid by each occurrence; taxpayers having tax obligations from land-related revenues; taxpayers declaring tax through electronic transactions and other necessary cases.
Extension of the deadline for submitting tax declaration documents: The extension period is not more than thirty days for submitting monthly tax declaration, quarterly tax declaration, annual tax declaration, provisional tax declaration, and tax declaration by each occurrence. Sixty days for submitting tax finalization documents, from the due date for submitting tax declaration documents.
The deadline for paying export and import goods taxes is specified as follows:
For imported raw materials and supplies used to produce exported goods, the maximum tax payment deadline is two hundred seventy-five days from the date of registering the customs declaration if the enterprise meets the conditions stipulated in Clause 2, Point 11, Article 1 of the Amended Tax Administration Law 2012.
If the conditions specified are not met but the payable tax is guaranteed by a credit institution, the tax payment deadline follows the guarantee period but does not exceed two hundred seventy-five days from the date of registering the customs declaration, and no late payment interest is required within the guarantee period. Instead of previously, this period could exceed 275 days (if the production cycle and storage of materials and supplies exceed 275 days).
If the conditions are not met or there is no guarantee by a credit institution, the tax must be paid before the goods can be cleared or released.
Goods temporarily imported for re-export must have taxes paid before completing customs procedures for temporary import. If the payable tax is guaranteed by a credit institution, the tax payment deadline follows the guarantee period but does not exceed fifteen days from the expiration date of the temporary import, re-export period, and no late payment interest is required within the guarantee period.
Taxpayers with excess payments of tax, late payment interest, fines within ten years from the date of payment to the state budget can offset the excess against the payable tax, late payment interest, fines, including offsetting between various types of taxes. They can also deduct the amounts payable in the next tax period or request a refund if there is no remaining tax liability, late payment interest, or fines.
Cases for tax extension:
- Suffer material damage, directly affecting production and business due to natural disasters, fires, unexpected accidents;- Forced to cease operations due to relocation of production and business establishments as required by competent state agencies, affecting production and business results;- Investment capital for basic construction has not been paid as recorded in the state budget estimate;- Unable to pay taxes on time due to other special difficulties as prescribed by the Government of Vietnam.
Source: Accounting Web
