Deadline for tax declaration and personal income tax finalization in 2022

Deadline for tax declaration and personal income tax finalization in 2022 (Artwork)

1. Deadline to declare PIT in 2022

Pursuant to Article 44 of the Law on Tax Administration 2019 and Article 8 of Decree 126/2020/ND-CP , the deadline for submitting PIT declaration dossiers depends on the form of tax declaration, specifically as follows:

- Tax declaration and payment by month : No later than the 20th day of the month following the month in which the tax liability arises.

Subjects : Organizations and individuals that declare personal income tax on a monthly basis (except for tax declarations according to each arising, quarterly, and annual tax return)

- Quarterly tax declaration and payment : No later than the last day of the first month of the quarter following the quarter in which the tax liability arises.

Objects :

+ Credit institutions or third parties authorized by credit institutions to exploit security assets pending the processing of declaration on behalf of taxpayers with secured assets.

+ Organizations and individuals that pay income subject to tax deduction according to the provisions of the law on personal income tax, but organizations and individuals that pay such income are subject to quarterly value-added tax declaration and choose to declare value-added tax. quarterly personal income tax;

+ Individuals earning incomes from salaries and wages directly declare tax with tax authorities and choose to declare personal income tax quarterly.

- Tax declaration and payment by year: no later than the last day of the first month of the calendar year or fiscal year.

Subjects : Individuals working as lottery agents, insurance agents, or multi-level sales agents who have not yet deducted due to the amount of tax payable but at the end of the year determined to be taxable.

- Tax declaration and payment according to each time of arising : no later than the 10th day from the date of arising tax liability.

Subjects : Individuals who directly declare tax or organizations and individuals declare tax on behalf of or pay tax on income from real estate transfer; income from capital transfer; income from capital investment; income from copyrights, franchises, winning prizes from abroad; income from inheritance, gifts.

2. Deadline for PIT finalization in 2022

According to Clause 2, Article 44 of the Law on Tax Administration 2019 , the deadline for submitting tax finalization documents is as follows:

- No later than the last day of the 3rd month from the end of the calendar year or fiscal year for the annual tax finalization dossier.

- No later than the last day of the 4th month from the end of the calendar year for personal income tax finalization records of individuals who directly finalize tax.

Note : In case the deadline for submitting tax finalization dossiers coincides with a prescribed holiday, the deadline for submitting tax finalization dossiers is the next working day.

 Thus, for the income of 2021, at the beginning of 2022, the settlement shall be made according to the following deadlines:

+ If individuals earning incomes from salaries or wages authorize finalization to organizations or individuals paying income, the deadline for tax finalization is March 31, 2022.

+ If an individual earns income from salary or wages, he/she directly finalizes personal income tax with the tax agency, the deadline for finalization is April 30, 2022.

3. Persons authorized to finalize personal income tax

According to Point d, Clause 6, Article 8 of Decree 126/2020/ND-CP and guidance on PIT finalization in Official Letter 636/TCT-DNNCN dated March 12, 2021, resident individuals earn incomes from wages and salaries. The company authorizes the finalization of personal income tax for income-paying organizations and individuals, specifically as follows:

- Individuals earning incomes from salaries and wages sign labor contracts of 03 months or more at a place and are actually working there at the time the income-paying organization or individual performs the tax finalization. , including the case of not working for full 12 months in a calendar year.

In case an individual is an employee who is transferred from the old organization to the new one because the old organization merges, merges, divides, separates, transforms the type of enterprise or the old organization and the new organization in the In the same system, the individual is authorized to finalize the tax for the new organization.

- Individuals earning incomes from salaries and wages sign labor contracts of 03 months or more at a place and are actually working there at the time the organization or individual pays income tax finalization, including case of not working for full 12 months in a calendar year; and at the same time have current income elsewhere in the year on average not more than 10 million VND and have been withheld PIT at the rate of 10% if there is no requirement for tax finalization on this income.

- Individuals who are foreigners ending their working contracts in Vietnam shall make tax finalization declarations with tax authorities before leaving the country. In case an individual has not yet completed tax finalization procedures with the tax agency, he/she shall authorize an income paying organization or another organization or individual to finalize tax according to regulations on tax finalization applicable to individuals.

Note: After an individual has authorized tax finalization, the income paying organization has made tax finalization on behalf of the individual. income without adjustment of PIT finalization of income-paying organizations, only issue tax withholding vouchers to individuals according to the settlement number and write in the lower left corner of the tax withholding documents the content: “Company ... has finalized PIT on behalf of Mr/Ms. .... (by authorization) at line (ordinal number) ... of the Appendix to List 05-1/BK-TNCN” for direct personal tax settlement with tax authorities.

Jewel

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