Penalty For Delayed Tax Filing In The Latest Government Decree

On October 19, 2020, the Government issued Decree 125/2020 / ND-CP on penalties for administrative violations of tax and invoices (effective from December 5, 2020). In particular, one of the important contents is the act of delayed filing of tax returns and the fine level for this violation increases to 25 million VND. TASCO Tax Agent would like to give you detailed information on the specific penalties for this violation.

Penalty For Delayed Tax Filing In The Latest Government Decree

According to Article 13 of Decree No. 125/2020 / ND-CP (Penalties for violations of the time limit for submitting tax declaration dossiers), clearly stipulating the fine levels for this behavior as follows:

1. A warning shall be imposed on tax declaration dossiers 1 to 5 days behind schedule (with extenuating circumstances).

2. Submitting tax declaration dossiers 1 to 30 days overdue (except for the case specified in Clause 1 of this Article): A fine of between VND 2 million and 5 million.

 3. Submission of tax declaration dossiers 31 to 60 days behind schedule: A fine of between VND 5 million and VND 8 million

4. A fine of between VND 8 million and 15 million shall be imposed on:

  •  Filing tax returns 61 to 90 days behind schedule;
  •  Filing tax returns 91 days or more behind schedule, but no payable tax incurred;
  •  No tax filing but no incurring tax;
  •  Do not submit annexes under regulations on tax administration for enterprises with associated transactions together with the corporate income tax finalization dossier.

5. A fine of between VND 15 million and 25 million shall be imposed for filing a tax return more than 90 days behind schedule (from the date of expiration of the deadline for submission of the tax declaration), when payable tax amounts arise and the payer Taxes that have fully paid tax or late payment interest to the state budget before the tax agency announces the tax examination or inspection decision or before the tax agency makes a record on the act of late submission tax declaration according to the provisions of Clause 1, Article 143 of the Law on Tax Administration.

If the fine if applied under this clause is greater than the amount of tax incurred on the tax declaration dossier, the maximum fine amount in this case is equal to the amount of tax payable on the tax declaration dossier but not low. than the average level of the fine bracket specified in Clause 4 of this Article.

6. Remedy:

a) Forcible full payment of the late tax payment amount to the state budget, for violations specified in Clauses 1, 2, 3, 4 and 5 of this Article in case taxpayers are late in submitting tax declaration dossiers. leading to late tax payment;

b / Forcible submission of tax declaration dossiers, appendices enclosed with tax declaration dossiers, for acts specified at Points c and d, Clause 4 of this Article.

Thus, from December 5, 2020 - the effective date of Decree 125, the act of delay in filing a tax return will be fined many times more.

Related information:

Please see more regulations on Deadline for filing a tax return here.

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Website: dailythuetasco.com or dichvutuvandoanhnghiep.vn

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