07 cases of late payment interest in Vietnam

07 cases of late payment interest in Vietnam

Pursuant to the provisions of Clause 1, Article 59 of the Law on Tax Administration 2019, late payment interest shall be charged in the following cases:

(1) The taxpayer pays tax behind deadline, the extended deadline, the deadline written in the tax authority’s notice, tax liability imposition decision or handling decision;

(2) If the supplementation of the tax declaration dossier leads to an increase in the amount of tax payable, or the tax authority or inspecting authority finds that tax is understated, late payment interest shall be charged on the increase in tax over the period from the day succeeding the initial deadline or the deadline for tax payment of the initial customs declaration;

(3) If the supplementation of the tax declaration dossier leads to a decrease in the amount of refundable tax, or the tax authority or inspecting authority finds that refundable tax is smaller than the refunded tax, late payment interest shall be charged on the excessively refunded tax, which has to be paid back to state budget, over the period from the day on which tax is refunded;

(4) The cases in which outstanding debt may be paid by installments as prescribed in Clause 5 Article 124 of the Law on Tax Administration 2019;

(5) The cases in which administrative penalties are not imposed due to expiration of the time limit for penalty imposition but outstanding tax has to be collected as prescribed in Clause 3 Article 137 of the Law on Tax Administration 2019;

(6) The cases in which administrative penalties are not imposed specified in Clause 3 and Clause 4 Article 142 of the Law on Tax Administration 2019;

(7) The organization that is authorized by the tax authority to collect tax but fails to transfer the tax, late payment interest and fines paid by taxpayers to state budget in a timely manner shall pay an interest on such amount.

07 cases of late payment interest in Vietnam (Internet image)

Cases where late payment interest shall not be charged in Vietnam

Pursuant to Clause 5, Article 59 of the Law on Tax Administration 2019, late payment interest shall not be charged in the following cases:

- The taxpayer provides goods/services which are covered by state budget, including sub-contractors in the contract with the investor, and are directly paid for by the investor. If such goods/services are not yet to be paid for, late payment interest will not be charged.

The outstanding tax exempt from late payment interest is the tax on the amount that is yet to be paid by state budget;

- In the cases specified in Point b Clause 4 Article 55 of the Law on Tax Administration 2019, late payment interest shall not be charged pending the analysis result, official price, actual payment or additional customs value.

The application for cancellation of late payment interest shall contain:

- The application form No. 01/KTCN in Appendix I of Circular 80/2021/TT-BTC.

- Written state budget user's confirmation that the taxpayer has not received the payment according to Form No. 02/KTCN in Appendix I of Circular 80/2021/TT-BTC (original copy or certified true copy);

- The contract for provision of goods and/or services with the investor (original copy or copy certified by the taxpayer).

Mai Thanh Loi

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE