In many cases, businesses are unable to submit tax returns on time and will be penalized for a late submission. The current law has specified the number of specific cases where enterprises can extend the deadline for filing tax returns, avoiding penalties for late submission of tax returns. To help you understand more about the tax filing extension procedure, Hong Bang Law would like to advise as follows:

Legal grounds

• Law on Tax Administration 2019

Tax return deadline

Pursuant to Article 44 of the 2019 Law on Tax Administration, the deadline for submitting tax returns is as follows:

Time limit for submission of tax declarations on a monthly or quarterly basis

• No later than the 20th day of the month following the month in which the tax liability arises, for the case of monthly declaration and payment;
• No later than the last day of the first month of the quarter following the quarter in which the tax liability arises, in the case of quarterly declaration and payment.

Time limit for submission of documents for tax with tax period by a year

• No later than the last day of the 3rd month from the end of the calendar year or fiscal year for the annual tax finalization dossier; no later than the last day of the first month of the calendar year or fiscal year for the annual tax return;
• No later than the last day of the 4th month from the end of the calendar year, for personal income tax finalization records of individuals who directly finalize tax;
• No later than December 15 of the preceding year, for flat tax declaration dossiers of business households and individuals paying tax by the presumptive method; In case the business household or individual is new to the business, the time limit for submitting a flat tax return is 10 days from the date of starting the business.

Time limit for submission of documents for taxes declared and paid for each time a tax liability arises

The deadline for submitting tax declaration dossiers for taxes declared and paid for each time a tax obligation arises is the 10th day from the date of arising of the tax obligation.

Time limit for application for termination of operation, contract termination or enterprise reorganization

The time limit for filing tax returns for the case of termination of operation, contract termination, or business reorganization is 45 days from the date of the event.

Deadline for filing for some other taxes

• The Government shall prescribe the deadline for submitting tax declaration dossiers for agricultural land use tax; non-agricultural land use tax; land use fees; land rent, water surface rent; money for granting mining rights; money for granting the right to exploit water resources; registration fee; license fees; revenues into the state budget in accordance with the law on management and use of public property; cross-country profit reporting.
• The time limit for submitting tax declaration dossiers for imported and exported goods complies with the provisions of the Customs Law.

Procedures for extending tax return filing

Requirements, conditions

• The case is extended: According to Article 46 of the Law on Tax Administration 2019, the tax declaration file is extended in the following cases: The taxpayer is unable to submit the dossier on time due to natural disasters, disasters, epidemics, fires. If there is an unexpected fire or accident, the head of the tax agency directly managing it will extend the time limit for submitting the dossier.
• Requirements on the extension of time limit for filing tax returns:

• • No more than 30 days for the submission of monthly tax returns, quarterly tax returns, annual tax returns, and tax returns for each time a tax obligation arises;
  • No more than 60 days for the submission of tax finalization declarations from the date of expiration of the time limit for submitting tax returns.

Profile composition:

A written request for extension of tax return filing (specifying the reason for the extension, certified by the commune-level People’s Committee or the police station of the commune, ward or township where the extension is granted). )

Handling agency: Directly managed tax authorities

The sequence of settlement procedures

• Taxpayers must send to tax authorities a written request for an extension of the tax return submission deadline before the deadline for filing tax returns.
• Within 03 working days from the date of receiving the written request for an extension, the tax authority must reply in writing to the taxpayer on accepting or not accepting the extension.

Tax consulting service of Hong Bang Law Firm

Hong Bang Law Firm is a partner providing tax solutions for businesses. The company provides the following services:

• Consulting and declaration services to support other businesses, organizations and individuals in carrying out procedures for business suspension, tax closing with state agencies, and extension of tax declaration submission deadlines.
• Package tax declaration services by year, by quarter, by month: Reasonable cost and integrated package of all tax declaration activities of enterprises, completing books and documents, closing business transfer books storage industry;
• Tax declaration services at the request of businesses.

If you need advice, more detailed answers as well as how to access this service, please contact directly the Deputy Director in charge of business: Lawyer Nhat Nam via hotline: 0912.35.65.75, or call our free legal consultation hotline: 1900.6575 and send email to lienheluathongbang@gmail.com