VCN - In the draft decree detailing a number of articles of the Law on Tax Administration No. 38, the Ministry of Finance has specified provisions on tax declaration and calculation.
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The Law on Tax Administration No. 38/2019 / QH14 assigned the Government to stipulate the principles of tax declaration and calculation; and tax declaration dossiers. To concretise this content, the draft decree specifies the following contents: tax declaration dossiers; taxes subject to monthly, quarterly and annual declaration, and taxes subject to declaration by tax obligations arise and tax finalisation; criteria for monthly or quarterly tax declaration; deadlines for submission of tax declaration dossiers of revenues from land, license fees and registration fees; receiving authorities of tax declaration dossiers; declaration of fees and charges collected by representative offices of Vietnam abroad; cases subject to tax calculation and tax payment notification by tax management agencies; and cases not subject to tax calculation and tax payment notification by tax agencies.
In addition, the draft stipulates that to facilitate taxpayers, tax management agencies and agencies ensure tax collection management in accordance with each type. The Ministry of Finance is drafting the content of separate declarations for each type, revenue and each object, including declarations of value added tax ; excise tax; import and export duties; royalties tax (except for crude oil, natural gas, hydroelectricity and business households in the lump-sum method); declaration of environmental protection tax declaration; declaration of corporate income tax; declaration of personal income tax; declaration of charges and fees belonging to the State budget; tax declaration, tax calculation of State budget revenues related to land and grant of rights; declaration of royalties and corporate income tax on exploitation and sale of crude oil (including condensate), natural gas and declaration and payment of corporate income tax on income from transfer of rights to participate in petroleum contracts.
At the same time, the draft also provides for tax declaration in the following cases: declaration of profit and dividends shared for the State capital amount invested in enterprises; declaration of value-added tax, corporate income tax, personal income tax on the exploitation of collateral assets pending the handling; tax declaration for business households and individuals paying tax by the lump-sum method; individuals leasing properties; business households and individuals paying tax by the declaration method; organisations in business cooperation with individuals; organisations and individuals that declare and submit on behalf of individuals; and declaration of the difference between revenues and expenditures of the State Bank of Vietnam.
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The Ministry of Finance proposes two options for this content. The first option: if the prescribed content is determined as an administrative procedure, the Ministry of Finance proposes to include it in the appendix issued together with this decree. The second option: if the prescribed content is determined as non administrative procedure, the Ministry of Finance proposes the Government assign it to promulgate a circular guiding according to its competence (similar to the current regulations at Circular No. 156/2013 / TT-BTC dated November 6, 2013 of the Ministry of Finance).
By Thuy Linh/ Huyen Trang