On 18th June 2024 the Department of Tax, the Ministry of Finance has issued Official Telegram No.02/CD-TCT instructing the local tax authorities to implement Decree 64/2024/ND-CP (Decree 64) dated 17 June 2024 of the Government regulating on the extension of the deadlines for payment of value added tax (VAT), corporate income tax (CIT), personal income tax (PIT) and land use right (LUR) fee in 2024. Through the Decree 64, the Government wants to support the individuals and enterprises for their business and production. Decree 64 is valid since its signing date: 17 June till end 31 December 2024.
The Decree regulates the extension periods as follows:
- Value Added Tax: Extension of five (05) months for the value added tax of May 2023, June 2024, and the second quarter of 2024; extension of four (04) months for the value added tax of July 2024, extension of three (03) months for value added tax of August 2024, extension of two (02) months for the value added tax of September and third quarter 2024.
- Corporate Income Tax, Personal Income Tax: Extension of three (03) months for the CIT temporarily paid of second quarter of enterprise’s tax calendar 2024. Business households and individuals will pay VAT, PIT till 30th December 2024 the latest.
- Land Use Right Fee: Extension of two (02) months since 31st October 2024 for 50% of the due LUR fee payable in 2024 (due LUR fee payable for the second quarter of 2024).
In case the tax authorities have calculated and included the late interest (if any) for the cases that fall under the extension regulated by Decree 62, the tax authorities shall conduct adjustment and shall not add on the late interest.
Key principles and procedure for application of extension:
- The tax payers self-determine and are responsible for sending requests to get the extension for tax payment allowed under Decree 64.
- In case the tax payers send their extension requests after 30th September 2024, they will not get the extension for paying taxes and land use right fee as regulated under Decree 64. In case the tax payers supplement their tax dossier for the tax period that would enjoy the extension which leads to the increase of the taxes payable and the tax payers manage to send their requests to the tax authorities before 30th September 2024 then the extension would include also the payable tax that has been increased due to the supplementing of tax dossier by the taxpayers. In case the tax payers supplement their tax dossiers after 30th September 2024, they will not be granted with the extension.
- Tax authorities do not have obligation to inform the tax payers on the acceptance of the extension of taxes and land use right fee payment. If during the extended period, the tax authorities have the grounds to classify that the tax payer do not fulfill conditions for extension, the tax authorities will inform the tax payers in writing on their decision of not granting the extension and the tax payers have obligations to pay full due taxes and land use right fee as well as the late interest calculated into the State budget. In case after the extension period, through the auditing and inspections, tax authorities detect that the tax payers do not fulfill conditions for the extension under Decree 64, the tax payers will pay the due taxes, administrative fines and the late interest into the State budget.
- Investors of construction works and construction items funded by the State budget and payments from the State budget for fundamental construction works of ODA-funded projects subject to value-added tax when carrying out payment procedures with the State Treasury must enclose notices of tax authorities that the authorities have received the written request for extension or have received the written request for extension with certification sent by the contractor executing the works. Based on the dossier sent by the investor, the State Treasury shall not deduct VAT during the extension period. Upon the expiration of the extension period, the contractor must fully pay the extended tax amount as regulated by the law.
@TBADVOCATES
