What is the deadline for tax registration for organizations engaged in business activities?
According to Clause 1, Article 6 of Circular 95/2016/TT-BTC guiding tax registration, it is stipulated that:
Article 6. Time limit for taxpayers to register for tax.
Taxpayers are responsible for registering for tax within the deadlines stipulated in Article 22 of the Law on Tax Administration, specifically as follows:
1. Economic organizations and other organizations engaged in production and business activities must register for tax within the specified timeframe. 10 (ten) working days, since:
– The date stated on the Establishment and Operation License, or Establishment Decision, or equivalent license issued by the competent authority.
– The date indicated on the Certificate of Registration of the subsidiary unit, or the Establishment Decision, or an equivalent license issued by the competent authority.
– The date indicated on the Business Registration Certificate issued by a country sharing a land border with Vietnam to organizations and business households engaged in the buying, selling, and exchange of goods at border markets, border gate markets, and markets within border economic zones of Vietnam.
– The date of commencement of business operations for organizations not subject to business registration.
business.
– The date on which the responsibility to deduct and pay taxes on behalf of foreign contractors and subcontractors arises; or the date an organization pays on behalf of an individual under a contract or business cooperation agreement arises.
– The contract signing date for foreign contractors and subcontractors requires direct tax declaration and payment to the tax authorities.
– Date of signing the oil and gas contract/agreement.
View the full text: Circular 95/2016/TT-BTC Guiding the registration of taxes
Will I be penalized for registering for taxes late?
According to Article 7 of Circular 166/2013/TT-BTC, penalties for late submission of tax registration documents or late notification of changes to information in tax registration documents compared to the prescribed deadline are as follows:
Article 7. Penalties for late submission of tax registration documents and late notification of changes to tax registration information compared to the prescribed deadline.
1. Caution For the act of submitting tax registration documents or notifying changes to tax registration information to the tax authority more than 01 to 10 days after the prescribed deadline, if there are mitigating circumstances.
2. A fine of 700.000 VND.In cases where there are mitigating circumstances, the minimum fine shall not be less than VND 400.000, or in cases where there are aggravating circumstances, the maximum fine shall not exceed VND 1.000.000 for the act of submitting tax registration documents or notifying changes to information in tax registration documents to the tax authority more than 1 to 30 days after the prescribed deadline (except for cases specified in Clause 01 of this Article).
3. A fine of 1.400.000 VND.In the case of mitigating circumstances, the minimum fine shall not be less than 800.000 VND, or in the case of aggravating circumstances, the maximum fine shall not exceed 2.000.000 VND for any of the following acts:
a) Submitting tax registration documents or notifying changes to tax registration information more than 30 days after the prescribed deadline.
b) Failure to notify the tax registration authorities of changes to the information in the tax registration file.
c) Failure to submit tax registration documents but no tax liability arising.”
What are the penalties for failing to provide complete information in tax returns?
According to Article 8 of Circular 166/2013/TT-BTC, penalties for failing to fully declare information in tax documents are as follows:
Article 8. Penalties for incomplete declaration of information in tax records.
- A fine of 700.000 VND.In cases where there are mitigating circumstances, the minimum fine shall not be less than 400.000 VND, or in cases where there are aggravating circumstances, the maximum fine shall not exceed 1.000.000 VND for the act of preparing tax declarations with incomplete or incorrect information on indicators used to determine tax obligations on invoice lists, goods and services purchased and sold, or on other documents related to tax obligations.
- A fine of 1.050.000 VND.In cases where there are mitigating circumstances, the minimum fine shall not be less than 600.000 VND, or in cases where there are aggravating circumstances, the maximum fine shall not exceed 1.500.000 VND for the act of preparing tax declarations with incomplete or incorrect information on invoices and other related documents that serve as the basis for determining tax obligations.
- A fine of 1.400.000 VND.In cases where there are mitigating circumstances, the minimum fine shall not be less than 800.000 VND, or in cases where there are aggravating circumstances, the maximum fine shall not exceed 2.000.000 VND for the act of preparing tax declaration documents with incomplete or incorrect information in the indicators used to determine tax obligations on the tax return or tax settlement return.
- A fine of 2.100.000 VND.In the case of mitigating circumstances, the minimum fine shall not be less than 1.200.000 VND, or in the case of aggravating circumstances, the maximum fine shall not exceed 3.000.000 VND for any of the following acts:
a) There is a violation of the provisions of Clause 4, Article 12 and Clause 7, Article 13 of this Circular.
b) There was an act of making false declarations resulting in a shortfall in the amount of tax payable according to the quarterly provisional tax return, but before the deadline for submitting the annual tax return.”
View the full text: Circular 166/2013/TT-BTC provides detailed regulations on administrative penalties for tax violations.
See more: Regulations on penalties for failing to issue invoices when selling goods and services.
