1. Procedures for filing corporate income tax returns
Step 1: Businesses that generate income from capital transfers are responsible for determining and declaring the corporate income tax from capital transfers in their annual tax return.
- In case (1) selling the entire one-member limited liability company owned by an organization in the form of capital transfer associated with real estate, prepare the dossier and send it to the tax authority no later than the 10th (tenth) day from the date the tax obligation arises.
- Case (2) Foreign organizations doing business in Vietnam or having income in Vietnam (collectively referred to as foreign contractors) that do not operate under the Investment Law or the Enterprise Law and have capital transfer activities shall declare corporate income tax on each occasion.
Organizations and individuals receiving capital transfers are responsible for determining, declaring, deducting, and paying on behalf of the foreign organization the corporate income tax payable. If the recipient of the capital transfer is also a foreign organization not operating under the Investment Law or the Enterprise Law, then the enterprise established under Vietnamese law where the foreign organization invests capital is responsible for declaring and paying on behalf of the foreign organization the corporate income tax payable from the capital transfer activities.
The deadline for filing tax returns is the 10th (tenth) day from the date the competent authority approves the capital transfer, or the 10th (tenth) day from the date the parties agree on the capital transfer in the capital transfer contract in cases where approval of the capital transfer is not required.
Step 2: The tax authority will receive the following:
- If the application is submitted directly to the tax office, the tax officer will receive and stamp the application, record the time of receipt, note the number of documents in the application, and record it in the tax office's document register.
- If the documents are sent by mail, the tax officer will stamp the documents with the date of receipt and record it in the tax office's document register.
- In cases where tax returns are submitted electronically, the receipt, verification, and acceptance of the tax returns are carried out by the tax authority through its electronic data processing system.
2. How to perform
- Submit directly at the tax office headquarters.
- Or send it via the postal system.
- Alternatively, you can submit it electronically through the tax authority's online portal.
3. Composition, number of records
3.1. Document components
i) Case (1): The dossier includes: Corporate income tax return form No. 06/TNDN issued with Circular No. 151/2014/TT-BTC.
ii) Case (2): the file includes:
- Corporate income tax return form No. 05/TNDN issued with Circular No. 156/2013/TT-BTC;
- A copy of the transfer contract. If the transfer contract is in a foreign language, the main contents must be translated into Vietnamese: the transferor; the transferee; the time of transfer; the content of the transfer; the rights and obligations of each party; the value of the contract; the term, method, and currency of payment.
- A copy of the decision approving the capital transfer issued by the competent authority (if any);
- A copy of the capital contribution certificate;
- Original supporting documents for the expenses.
3.2. Number of documents: 01 set
- Processing time: No right Return the results to the taxpayer.
- Subjects involved in the administrative procedure: Businesses, organizations, and individuals.
- Administrative procedure implementing agency: Tax Department
- Results of the administrative procedure: The file submitted to the tax authorities has not been processed.
- LFees (if any): None
- Name of the form/application (if any):
+ Corporate income tax return form (Form No.) 06/TNDN Issued together with Circular No. 151/2014/TT-BTC for case (1);
+ Corporate income tax return form No. 05/TNDN issued with Circular No. 156/2013/TT-BTC for case (2);
Requirements and conditions for carrying out administrative procedures (if any): If taxpayers choose to submit their documents to the tax authorities through electronic transactions, they must comply with all legal regulations regarding electronic transactions.
Legal basis of administrative procedures:
- + Law on Tax Administration No. 78/2006/QH11 dated November 29, 2006;
- + Law amending and supplementing a number of articles of the Law on Tax Administration No. 21/2012/QH12 dated November 20, 2012
- + Decree No. 83/2013/ND-CP dated July 22, 2013 of the Government detailing the implementation of a number of articles of the Law on Tax Administration and the Law amending and supplementing a number of articles of the Law on Tax Administration;
- + Decree No. 91/2014/ND-CP dated October 1, 2014 of the Government on amending and supplementing a number of articles in the Decrees regulating taxes;
- + Circular No. 156/2013/TT-BTC dated November 6, 2013, of the Ministry of Finance guiding the implementation of a number of articles of the Law on Tax Administration; the Law amending and supplementing a number of articles of the Law on Tax Administration and Government Decree No. 83/2013/NĐ-CP dated July 22, 2013;
- + Article 16, Circular No. 151/2014/TT-BTC dated October 10, 2014 of the Ministry of Finance Guidelines for the implementation of Government Decree No. 91/2014/ND-CP dated October 1, 2014, on amending and supplementing a number of articles in the Decrees stipulating... Regarding taxes.
- + Circular No. 180/2010/TT-BTC dated November 10, 2010, of the Ministry of Finance guiding electronic transactions in the tax field.
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