Regulations on penalties for late payment of tax according to Vietnamese law

NguyenThiThuTrang June 30, 2022

0 8 phút đọc

Posts : Regulations on penalties for late payment of tax according to Vietnamese law In the section LSX Lawfirm

You are interested in Regulations on penalties for late payment of tax according to Vietnamese law so let's go Lsxlawfirm.com check out the following article!

Paying taxes is the duty of citizens, but not in all cases do citizens pay taxes in full and on time. The handling of late payment of tax is now clearly regulated by law. Let’s find out this issue with Lawyer X through the following situation: “Hello, Lawyer! I would like to ask in which cases the taxpayer must pay late payment interest? How are late payments handled? If there is a complaint or lawsuit about the late payment amount, what is the law? Thanks for the reply Lawyer!”

Legal grounds

Law on Tax Administration 2019

Handling of late payment of tax

– Cases that must pay late payment interest include:

+ The taxpayer is late to pay tax compared to the prescribed time limit, the time limit for a tax payment extension, the time limit specified in the notice of the tax administration agency, the time limit in the tax assessment decision, or the settlement decision of the tax authority. tax administration;

+ Taxpayers who make additional declarations to tax declaration dossiers increase the payable tax amount, or if tax administration agencies or competent state agencies detect and detect understatement of payable tax amounts, they must pay money. late payment for the additional tax payable from the day following the last day of the tax payment deadline of the tax period with errors or omissions or from the expiration of the tax payment time limit of the original customs declaration;

+ The taxpayer makes additional declarations to the tax return, reducing the refunded tax amount, or the tax administration agency or competent state agency finds that the refunded tax amount is smaller than the refunded tax amount the tax has been refunded, the late payment interest must be paid for the refunded tax amount which must be recovered from the date of receipt of the refund from the state budget;

+ In case of gradual payment of tax arrears specified in Clause 5, Article 124 of the Law on Tax Administration;

+ If the tax administration violation is not sanctioned due to the expiration of the statute of limitations for sanctioning, but the insufficient tax amount is arrears specified in Clause 3, Article 137 of the Law on Tax Administration;

+ In case of not being sanctioned for administrative violations on tax administration, for the acts specified in Clauses 3 and 4, Article 142 of the Law on Tax Administration;

+ Agencies and organizations authorized by tax administration agencies to collect tax that is late in transferring tax, late payment interest, and fines from taxpayers to the state budget must pay late payment interest for the amount of money that is delayed according to regulations.

– The rate of late payment interest and time for late payment is regulated as follows:

+ The late payment interest rate is 0.03%/day calculated on the late payment tax amount;

+ The time for calculation of late payment interest is calculated continuously from the day following the day on which late payment interest arises as specified in Clause 1, Article 59 of the Law on Tax Administration to the day preceding the date on which the tax arrears or tax refund is recovered. additional tax, fixed tax, and late-transfer tax have been remitted into the state budget.

– Taxpayers themselves determine the amount of late payment according to the provisions of Clauses 1 and 2, Article 59 of the Law on Tax Administration, and remit it to the state budget according to regulations. If the taxpayer has overpaid tax, late payment interest, or fine, the provisions of Clause 1, Article 60 of the Law on Tax Administration shall apply.

– In case after 30 days from the expiration of the tax payment deadline, the taxpayer has not yet paid the tax, late payment interest or fine, the tax administration agency shall notify the taxpayer of the outstanding tax or fine amount. and the number of days of late payment.

– No late payment interest will charged in the following cases:

+ Taxpayers providing goods and services are paid with state budget capital, including subcontractors specified in the contract signed with the investor and paid directly by the investor but not yet paid for by the investor. is paid, no late payment interest is required.

The tax arrears, excluding late payment, is the total amount of tax owed to the state budget by the taxpayer but does not exceed the unpaid amount from the state budget;

+ In the cases specified at Point b, Clause 4, Article 55 of the Law on Tax Administration, late payment interest shall not be charged while waiting for analysis and assessment results; for the time being there is no official price; when the actual payment cannot be determined, the adjustments are added to the customs value.

– The late payment interest has not been charged for cases where debt is frozen according to the provisions of Article 83 of the Law on Tax Administration.

– Taxpayers who make additional declarations to tax declaration dossiers reduce the payable tax amount, or tax administration agencies or competent state agencies discover that the payable tax amounts have decreased, they may adjust the amount of tax payable. late payment interest has been calculated corresponding to the reduced difference amount.

– Taxpayers who must pay late payment interest as prescribed in Clause 1, Article 59 of the Law on Tax Administration are exempt from late payment interest in case of force majeure specified in Clause 27, Article 3 of the Law on Tax Administration.

– The Minister of Finance shall prescribe procedures for handling late payment of tax.

Handling overpaid tax, late payment interest, and fines

– Taxpayers who already paid a tax, late payment interest, and fines are larger than the payable tax, late payment interest; and fines shall entitle to offset the overpaid tax, late payment interest, or fine with the overpaid amount. tax, late payment interest, fines owed or deducted from the tax amount; late payment interest, fine payable of the next tax payment or refunded the overpaid tax, late payment interest, or fine when the taxpayer tax no longer owes tax, late payment interest, fines.

In case the taxpayer proposes to offset the overpaid tax, late payment interest, and fine with the outstanding tax, late payment interest, or fine; the late payment interest corresponding to the offset amount within the time limit shall not calculate. from the date of overpayment to the date of clearing by the tax authority.

– In case the taxpayer requests the refund of the overpaid tax, late payment interest, or fine, the tax authority must issue a decision on refund of the overpaid tax, late payment interest, or fine or issue a written document reply clearly stating the reason for non-refundable within 05 working days from the date of receiving the written request.

– The overpaid tax, late payment interest, and fines do not refund and the tax authority shall liquidate the overpaid amount in the accounting books and on the electronic data system in the following cases:

+ Tax administration agencies have notified taxpayers of the refunded tax, late payment interest, and fines, but the taxpayer refuses to receive the overpaid amount in writing;

+ The taxpayer does not operate at the address registered with the tax authority and has been notified by the tax authority of the overpaid amount on the mass media, but after a year from the date of notification, the taxpayer will taxpayers do not respond in writing to requests for refund of overpaid tax, late payment interest, and fines to tax administration agencies;

+ The overpaid amount is overdue for 10 years from the date of payment to the state budget but the taxpayer fails to offset tax obligations and does not refund tax.

– In case the taxpayer does not operate at the registered business address and has tax, late payment interest, overpaid outstanding tax, late payment interest, and fine, the tax administration agency shall make a clearing tax, late payment interest, fines for overpaid tax, late payment interest, and fines owed.

The Minister of Finance shall stipulate the competence and procedures for handling tax, late payment interest, and fines for overpayment specified in Article 60 of the Law on Tax Administration.

Regulations on tax payment during the settlement of complaints and lawsuits

– During the time of settlement of taxpayers’ complaints and lawsuits about tax amounts, late payment interest, and fines calculated or fixed by tax administration agencies, taxpayers still have to pay the full amount of tax and late payment interest. such fines or payment, unless competent state agencies decide to temporarily suspend the implementation of tax calculation decisions or tax imposition decisions of tax administration agencies.

– In case the paid tax, late payment interest, or fine amount is larger than the tax, late payment interest, or fine, determined according to the complaint settlement decision of the competent agency or the judgment or decision of the competent authority. In court, taxpayers entitled to a refund of overpaid tax, late payment interest, and fines.

Taxpayers have the right to request tax administration agencies to pay interest at the rate of 0.03%/day on the overpaid tax, late payment interest, and fines. The source of interest payment shall pay from the central budget by the law on the state budget.

– Procedures for handling the case where the already paid tax, late payment interest, or fine amount is larger than the tax, late payment interest, or the fine amount determined according to the complaint settlement decision of the competent agency or Court judgments and decisions shall comply with the provisions of Clause 5, Article 60 of the Law on Tax Administration.

Frequently asked questions

How is late payment tax calculated?

The rate of late payment interest and time for late payment are prescribed as follows:
– The late payment interest rate is 0.03%/day calculated on the late payment tax amount;
– The time for calculating late payment interest is calculated continuously from the day following the date on which the late payment interest is incurred as prescribed in Clause 1, Article 59 of the Law on Tax Administration to the day immediately preceding the date on which the tax arrears or tax is recovered and refunded. additional tax, fixed tax, and late-transfer tax have been remitted into the state budget.

In the case of settlement of a lawsuit about the tax amount or late payment interest, the taxpayer still has to pay this amount in full, right?

During the time of settlement of taxpayers’ complaints and lawsuits about tax amounts, late payment interest, and fines calculated or fixed by tax administration agencies, taxpayers still have to pay the full amount of tax and late payment interest. , such fine, unless the competent state agency decides to temporarily suspend the implementation of tax calculation decisions or tax imposition decisions of tax administration agencies.

If the taxpayer requests a refund of the excess tax or late payment interest, will the tax administration agency pay it?

In case taxpayers request a refund of overpaid tax, late payment interest, or fine, the tax administration agency must issue a decision on refund of overpaid tax, late payment interest, or fine or issue a written payment to the taxpayer. a reply stating the reason for non-refundable within 05 working days from the date of receiving the written request.

Services of Lawyer X.

Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.

On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.

Cost: Besides, Lawyer X’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.

Confidentiality of client information: Finally, all brand sonal information of client Lawyer X will be 100% confidential.

Please contact us immediately with questions about the “Regulations on penalties for late payment of tax according to Vietnamese law”

Contact LSX Lawfirm

Finally, we hope this article is useful for you to answer the question: “Regulations on penalties for late payment of tax according to Vietnamese law”. If you need any further information, please contact LSX Law firm: at +84846175333 or Email: [email protected]