On October 30, 2022, the Government of Vietnam promulgated Decree No. 91/2022/NĐ-CP, which amends and supplements Decree No. 126/2020/NĐ-CP elaborating the Law on Tax Administration. In which, there are some points to pay attention as follows:
1. Addition of Decree 126/2020/ND-CP:
Regulations on expiration of the time limit for submission of tax declaration dossiers and payment of tax: In case the expiration date of the deadline of submission tax declaration dossiers, deadline of tax payment, deadline for tax authorities to process applications, effective periods of decisions on enforcing the implementation of tax decisions is a statutory day off, the expiration date will be the working day succeeding the day off.
The case in which a taxpayer is not required to declare tax: The declarant of personal income tax who is the income payer, declares personal income tax monthly or quarterly, and does not deduct personal income tax in the same month or quarter do not have to submit tax returns.
The owner of e-commerce platforms must provide tax authorities information about the sellers: Organizations that are established and operating under Vietnam's law and own e-commerce platforms shall provide tax authorities with full, accurate and timely information about traders, organizations and individuals whose goods or services are entirely or partially traded on their e-commerce platforms. Information shall be provided electronically every quarter by the last day of the first month of the succeeding quarter.
In case of individuals receiving dividends in securities: Individuals who receive dividends in the form of securities, individuals who are existing shareholders receiving bonuses in the form of securities that are recorded in securities accounts of investors up until December 31, 2022 and have not had their tax declared and paid on their behalf by the related organizations shall declare and pay personal income tax themselves in accordance with personal income tax laws, be exempted from incur administrative penalties for late submission of tax declaration dossiers and imposition of late payment interest (if any) from December 05, 2020 to the end of December 31, 2022.
2. Amendments to Decree 126/2020/ND-CP:
Provisional corporate income tax of 04 quarters to be at least 80% of annual tax: Total provisional corporate income tax of 04 quarters must be at least 80% of corporate income tax payable under the annual tax finalization dossier. If the provisional corporate income tax of 04 quarters is underpaid, late payment interest shall be charged on the tax arrears over the period from the date succeeding the deadline for paying provisional corporate income tax of the fourth quarter to the date preceding the day on which tax arrears are paid to state budget.
Note: Provisional corporate income tax of tax period 2021 will be paid as follows:
By October 30, 2022, if the provisional tax paid by the taxpayer in the first 03 quarters of 2021 is not smaller than 75% of the annually finalized tax, regulations of Clauses 3, 4, 5 Article 1 of Decree No. 91/2022/NĐ-CP on the minimum ratio of provisional corporate income tax of 04 quarters (at least 80% of annually finalized tax) shall not apply.
By 30/10/2022, if the provisional tax paid by the taxpayer in the first 03 quarters of 2021 is smaller than 75% of the annually finalized tax, the regulations that provisional corporate income tax of 04 quarters must be at least 80% of annually finalized tax may be applied if it does not lead to an increase in late payment interest.
Regulations on post-tax profit that remains after making contributions to funds of wholly state-owned enterprises: For wholly state-owned enterprises, the total post-tax profit that remains after making fund contributions of 04 quarters must be at least 80% of that under the annual tax finalization dossier. In case of underpayment, late payment interest shall be charged on the arrears over the period from the date succeeding the deadline for paying the remaining post-tax profit of the fourth quarter to the date preceding the day on which the arrears are paid to state budget.
Decree No. 91/2022/NĐ-CP comes into force from October 30, 2022.