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.
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:
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
- Key word:
- Decree No. 126/2020/NĐ-CP
- tax declaration