1. Procedure for declaring corporate income tax
Step 1: Enterprises with incomes from capital transfer shall have to determine and declare the enterprise income tax amounts from capital transfer into annual settlement declarations.
- In case (1) sells the entire one-member limited liability company owned by the organization in the form of capital transfer attached to real estate, a dossier shall be made and sent to the tax authority, no later than the 10th (tenth) day from the date the tax liability arises.
- In case (2) a foreign organization doing business in Vietnam or earning income in Vietnam (collectively referred to as a foreign contractor) but this organization does not operate under the Law on Investment, the Law on Enterprises, transfers capital, then declare corporate income tax for each time it is incurred.
Organizations and individuals receiving capital transfer shall determine, declare, deduct and pay on behalf of foreign organizations the payable enterprise income tax amounts. In case the capital transferee is also a foreign organization that does not operate under the Investment Law and the Enterprise Law, the enterprise is established under Vietnamese law where foreign investment organizations are responsible for declaring and paying. replace the amount of corporate income tax payable from capital transfer activities of foreign organizations.
The deadline for submission of tax declaration dossiers is on the day of the year (ten) from the date the competent authority approves the capital transfer, or the second day (ten) from the date the parties agree to transfer capital at the transfer contract. capital transfer in case of non-approval of capital transfer.
Step 2: The tax authorities receive:
- In case the dossier is submitted directly at the tax authority, the tax official shall receive and stamp the receipt of the dossier, record the time of receipt of the dossier, record the number of documents in the dossier, and record it in the agency's correspondence book. tax office.
- In case the dossier is sent by post, the tax official shall stamp the date of receipt of the dossier and record it in the tax office's correspondence book.
- In case the dossier is submitted through an electronic transaction, the receipt, inspection and acceptance of the tax return shall be done by the tax authority through the electronic data processing system.
2. How to perform
- Send directly at the tax office.
- Or send by postal system.
- Or send it in electronic form through the portal of the tax authority.
3. Composition, number of records
3.1. Profile components
i) Case (1): the dossier includes: A corporate income tax return made according to Form No.06/TNDN issued together with Circular No. 151/2014/TT-BTC.
ii) Case (2): the dossier includes:
- Corporate income tax declaration form No. 05/TNDN issued together with Circular No. 156/2013/TT-BTC;
- Copy of the transfer contract. In case the transfer contract in a foreign language must be translated into Vietnamese, the principal contents: the transferor; the transferee; transfer time; transfer content; rights and obligations of each party; value of contract; payment term, method, currency.
- A copy of the decision approving the capital transfer by the competent agency (if any);
- A copy of the certificate of contributed capital;
- Original voucher of expenses.
3.2. Number of documents: 01 set
- Processing time: No right Returns results to taxpayers.
- Subjects implementing administrative procedures: Enterprises, organizations and individuals.
- Agency implementing administrative procedures: Tax department
- Results of implementation of administrative procedures: The application submitted to the tax authority has no results.
- LFee (if any): None
- Name of application form and declaration (if any):
+ Corporate income tax return according to Form No. 06 / CIT issued together with Circular No. XNXX / 151 / TT-BTC for the case (1);
+ A corporate income tax return, made according to Form No. 05 / TNDN enclosed with Circular No. 156/2013 / TT-BTC for case (2);
- Requirements and conditions for implementing administrative procedures (if any): In case the taxpayer chooses and sends the dossier to the tax authority through electronic transactions, it must comply with the provisions of the law on electronic transactions.
- Legal basis of administrative procedures:
- + Tax Administration Law No. 78 / 2006 / QH11 dated 29 month 11 year 2006;
- + The Law amending and supplementing a number of articles of the Law on Tax Administration No. XNXX / 21 / QH2012 dated 12 month 20 year 11
- + Decree No. 83 / 2013 / ND-CP dated 22 month 7X 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 01 month 10XYYY 6 of the Government on amending and supplementing a number of articles of the Decrees on tax regulations;
- + Circular No. 156/2013 / TT-BTC dated November 06, 11 of the Ministry of Finance guiding the implementation of a number of articles of the Law on Tax Administration; Law amending and supplementing a number of articles of the Law on Tax Administration and Decree No. 2013/83 / ND-CP dated July 2013, 22 of the Government;
- + 16, Circular No. 151 / 2014 / TT-BTC dated 10 / 10 / 2014 of the Ministry of Finance guiding the implementation of the Decree No. XNXX / 91 / ND-CP dated April 28, 2012 of the Government on amending and supplementing a number of articles of the decrees about tax.
- + Circular No. 180 / 2010 / TT-BTC dated 10 / 11 / 2010 of the Ministry of Finance guiding electronic transactions in the tax field.
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