Enterprises and organizations (including dependent units, business locations) that incur losses in the tax period of 2020 will be exempted from late payment interest arising in 2020 and 2021 on tax, land use fees and land rent according to instructions at Decree 92/2021/ND-CP.
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Procedures for exemption of late payment interest for enterprises according to Decree 92/2021/ND-CP (Illustration image)
Specifically, the order, procedures and dossiers for handling late payment interest exemption are implemented as follows:
Step 1: The taxpayer makes a written request for exemption of late payment interest, clearly stating the loss incurred in the tax period of 2020 according to Form No. 01/MTCN Appendix II issued together with Decree 92 of Vietnam sent to direct management tax authority, tax authority management, collection of land use levy and land rent.
In case the taxpayer has been inspected, examined or audited, the minutes or decisions, conclusions and notification of inspection, examination and audit results (the original or a copy certified by the taxpayer) shall be enclosed. taxpayer).
Form of application: by electronic method or in person or by postal service.
The tax authority that manages the tax, collects land use levy and land rent is responsible for coordinating with the tax agency directly managing it to determine the conditions for loss incurred in the tax period of 2020 as a basis for consideration. waiving late payment interest.
Step 2: Within 15 working days after receiving the taxpayer's written request for exemption from late payment interest, the tax authority shall issue:
- Notice of disapproval of late payment interest exemption (Form No. 02/MTCN Appendix II issued together with Decree 92) for cases not eligible for exemption from late payment interest; or
- Decision on exemption of late payment interest (Form No. 03/MTCN Appendix II issued together with Decree 92) for cases eligible for exemption from late payment interest.
The decision on exemption of late payment interest shall be sent to the taxpayer electronically and publicly posted on the website of the tax authority.
In case the taxpayer has been exempted from late payment interest but the competent authority discovers that the taxpayer is not eligible for exemption from late payment interest according to the provisions of Decree 92, the tax authority shall issue a decision to revoke the decision. waiving late payment interest.
Note: In case taxpayers are exempted from late payment interest for additional tax declaration dossiers or tax authorities, competent agencies through inspection, examination, and audit discover or tax agencies, agencies and organizations. If a competent authority decides or notices an increase in the payable tax, land use levy or land rent, the taxpayer is not required to pay late payment interest arising in 2020 and 2021 for the tax amount, land use levy, land tax payable increase if the condition for loss incurred in the tax period 2020 is satisfied.
If the taxpayer has paid late payment interest before October 19, 2021, it will not be re-handled.
Determine the exempted late payment amount in Vietnam
The tax authority directly manages, the tax authority manages the tax, collects land use levy and land rent, based on tax management data, determines the amount of late payment arising in 2020 and 2021 of the payer. tax to issue a decision on exemption of late payment interest.
Authority to waive late payment interest in Vietnam
Heads of tax agencies directly managing taxes, collecting land use levies and land rents shall decide to exempt taxpayers from late payment interest.
Bao Ngoc
