The Government amends and supplements a number of guiding articles of the Law on Tax Administration

Published on 31 - 10 - 2022
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On 30/10/2022, the Government issued the Decree No. 91/2022/ND-CP amending and supplementing a number of articles of the Decree No.126/2020/ND-CP dated October 19, 2020 of the Government detailing a number of articles of the Law on Tax Administration.

Accordingly, it amends the regulations on remaining after-tax profit after appropriating funds of enterprises in which 100% of charter capital is held by the State. Specifically, the total remaining after-tax profit after appropriating temporarily paid funds of four quarters must not be less than 80% of the remaining after-tax profit after appropriating funds according to the annual finalization.

In case taxpayers pay less than the amount that must be temporarily paid for four quarters, they must pay a late payment interest that is calculated on the underpaid amount from the day following the last day of the time limit for temporarily paying the remaining after-tax profit after appropriating funds of fourth quarter to the day immediately preceding the date of payment of the remaining after-tax profits after appropriating the underpaid funds into the state budget.

Similarly, corporate income tax of foreign carriers is temporarily paid quarterly and declared for annual finalization. The total amount of temporarily paid corporate income tax of four quarters must not be less than 80% of the payable corporate income tax according to the annual finalization.

In addition, in case taxpayers pay less than the temporarily paid tax for four quarters, they must pay a late payment interest that is calculated on the underpaid tax amount from the day following the last day of the time limit for temporary payment of corporate income tax of quarter 04 to the day preceding the date of payment of the underpaid tax amount into the state budget.

In addition, the organization established and operating under Vietnamese law that is the owner of the e-commerce platform is responsible for providing complete, accurate and timely information to the tax agency of the traders, organizations and individuals that conduct part or the whole process of buying and selling goods and services on the e-commerce trading platform, including: seller's name, tax code or personal identification number or identity card or citizen identification or passport, address, contact phone number; sales revenue through the platform's online ordering function.

The Decree No. 91/2022/ND-CP also amends the regulation on corporate income tax in the Decree No. 126/2020/ND-CP. Accordingly, the total amount of corporate income tax, the total remaining after-tax profit after appropriating the funds, the total corporate income tax temporarily paid by foreign carriers in four quarters are not less than 80% of the corporate income tax payable according to the annual finalization.

In addition, the Decree also adds the cases that tax returns are not required. Accordingly, the personal income tax declarant is an individual or an organization paying income in the case of monthly or quarterly personal income tax declaration, but in that month or quarter there is no personal income tax withholding of income recipients.

Clause 8 Article 27 is supplemented as follows: Organizations established and operating under Vietnamese law that are owners of e-commerce platforms are responsible for providing complete, accurate and timely information to the tax agency of traders, organizations and individuals that conduct part or the whole process of buying and selling goods and services on the e-commerce trading platform, including: seller's name, tax code or number personal identification or identity card or citizen identification or passport, address, contact phone number; sales revenue through the platform's online ordering function. The provision of information is done on a quarterly basis, no later than the last day of the first month of the following quarter, electronically, via the website of the General Department of Taxation in the data format published by the General Department of Taxation.

This Decree takes effect from the date of signing for promulgation.

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