Vietnam: Taxes declared monthly, quarterly, annually and tax finalization (latest)

This is a notable content of the Decree No. 126/2020/NĐ-CP of Vietnam’s Government on elaboration of the Law on Tax Administration.

khai quyết toán thuế, Nghị định 126/2020/NĐ-CP

Decree No. 126/2020/NĐ-CP of Vietnam’s Government will take effect from December 05, 2020 and replace Decree No. 83/2013/NĐ-CP of Vietnam’s Government on the implementation of a number of articles of the Law on Tax Administration and the Law on amendments to the Law on Tax Administration. Provisions on taxes declared monthly, quarterly, annually; tax finalization are as follows:

1. Taxes declared monthly, quarterly, annually

According to Article 8 of the Decree No. 126/2020/NĐ-CP of Vietnam’s Government, taxes declared monthly, quarterly, annually include:

Time of declaration

Types of tax

Note

Monthly

Value-added tax (VAT), personal income tax

Taxpayers who satisfy the requirements specified in Article 9 of Decree No. 126/2020/NĐ-CP may declare these taxes quarterly

Excise duty

 

Environment protection tax

 

Resource royalty

Except for resource royalty for extraction and sale of natural gas

Fees and charges payable to state budget

Except those collected by diplomatic missions of Vietnam; customs fees, goods, luggage and vehicle transit charges

For extraction and sale of natural gas: resource royalty; corporate income tax; special tax of Vietnam - Russia Agreement

 

Quarterly

Corporate income tax incurred by foreign airliners and foreign reinsurers

 

VAT, corporate income tax, personal income tax declared on behalf of pledgors by credit institutions and third parties authorized by credit institutions to manage the collateral pending settlement

 

Personal income tax deducted by income payers that are eligible to declare VAT quarterly and also decide to declare personal income tax quarterly; individuals earning salaries or remunerations (hereinafter referred to as “salary earners”) who decide to declare personal income tax quarterly with tax authorities

 

Taxes and other amounts payable to state budget declared and paid on behalf of individuals by other organizations or individuals that are eligible to declare VAT quarterly and decide to declare tax on behalf of these individuals quarterly

Except for personal income tax directly declared by the income earners or declared and paid by the income payers on behalf of the income earners on income from real estate transfer, capital transfer, capital investment, copyright, franchising, wining overseas prizes; inheritance, gifts

Surcharges when crude oil price increases

Except petroleum activities of Vietsovpetro JV in block 09.1

Annually

Licensing fees

 

Personal income tax on individuals working as lottery, insurance, multi-level marketing agents that remains after deduction and ha to be paid at the end of the year

 

Presumptive taxes and other amounts payable by household businesses and individual businesses; lessors that decide to declare tax annually

 

Non-agricultural land use tax

In case a taxpayer has the land use right (LUR) of more than one land plots in the same district or different districts in the same province, annually declare tax on each land plot and on the entire area of homestead land.

The taxpayer is not required to declare tax on the entire area of homestead land in the following cases:

- The taxpayer has the LUR of one or some land plots in the same district with the total area not exceeding the limit on homestead land area in that district.

- The taxpayer has the LUR of more than land plots in different districts, none of which exceed the limit and the total area of levied land does not exceed the limit on homestead land area in that district.

Agriculture land levy

 

Annually paid land rents and water surface rents

 

2. Tax finalization

According to Article 8 of the Decree No. 126/2020/NĐ-CP of Vietnam’s Government, the following taxes and amounts shall be declared annually and finalized when an enterprise is dissolved, shuts down, terminates a contract or undergoes rearrangement. In case of conversion (except equitized state-owned enterprises) where the enterprise after conversion inherits all tax obligations of the enterprise before conversion, tax shall be finalized at the end of the year instead of the issuance date of the decision on conversion. Tax shall be finalized at the end of the year as follows:

- Resource royalty;

- Corporate income tax (except corporate income tax on transfer of foreign contractor's capital; monthly or separately declared corporate income tax on revenue);

- Post-tax profit that remains after making contributions to funds of wholly state-owned enterprises;

- Personal income tax for salary payers; salary earners that authorize salary payers to finalize tax on their behalf; salary earners that finalize tax themselves;

- Fees and charges payable to state budget (except those collected by diplomatic missions of Vietnam and customs fees);

- VAT, corporate income tax of foreign contractors shall be finalized upon termination of the contracts; corporate income tax calculated using mixed methods of foreign contractors shall be finalized upon termination of the contracts; corporate income tax declared by foreign contractors shall be finalized annually;

- Corporate income tax of foreign transport companies shall be provisionally paid quarterly and finalized annually. The total corporate income tax provisionally paid in the first 03 quarters of the year shall be at least 75% of the terminal tax;

- Resource royalty, corporate income tax, profit on petroleum receivable by the host country for extraction and sale of crude oil and natural gas; surcharges in case of increase in crude oil price; special tax adjustments for extraction and sale of natural gas by Vietsovpetro in block 09.1.

It can be seen that Decree No. 126/2020/NĐ-CP of Vietnam’s Government has specified taxes declared monthly, quarterly, annually; tax finalization in just 1 article, while Decree No. 83/2013/NĐ-CP (expires from December 05, 2020) separately stipulated each type of taxes. This new regulation makes it easier and more time-saving for taxpayers to find time to file tax returns and fulfill their tax filing obligations in accordance with the law.

Le Vy

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