Participants get to grips with tax changes for 2022

Details on the implementation of the Law on Tax Administration have been put across by the Hanoi Centre for Investment, Trade, and Tourism Promotion in a bid to prepare fresh detailed guidelines for tax agencies and businesses.

The centre, formerly known as the Hanoi Promotion Agency, hosted a training conference regarding Circular No.80/2021/TT-BTC, which governs the execution of certain provisions of the Law on Tax Administration No.38/2019/ QH14 and Decree No.126/2020/ND-CP detailing this law. The circular shall take effect from January 1, with the tax declaration form prescribed in it applicable to tax periods starting from the same date.

The conference in late November emphasised some major changes in respect of the tax payment allocation mechanism and principles of tax declaration and tax administration introduced under Circular 80 and Decree 126. It gathered 100 participants, including leaders from several governmental ministries in Hanoi, high-profile speakers, investors, and regional enterprises.

According to Circular 80, where taxpayers with centralised accounting have operations and business activities in provinces other than the head office, the tax declaration and submission will be centralised at the head office’s province, while tax liability payment will be allocated to each province where the business is carried out.

Nguyen Thi Thuy Nga, chairwoman of the Members’ Council at FAC Financial & Accounting Consultant Co., Ltd., said that compared to the previous legal corridor, Circular 80 requires more supporting documents in the tax refund dossier as well as supplemental guidance for handling some specific events arising after tax refunds.

Nga also outlined at the event how Vietnamese businesses may improve their capacity in accordance with the new tax administration for e-commerce, digital-based companies, and other services offered by overseas suppliers who do not have a permanent presence in Vietnam.

Moreover, the fresh circular also supplements the provision that the tax authority will have to issue a notice on whether the taxpayer is or is not eligible for tax exemption or reduction under a double tax agreement or other international treaties. The deadline for issuing a notice is 30 days or 40 days (in case there is the need of carrying out a tax audit) from the date of receipt of complete dossiers.

According to consultancy Acclime, under Circular 80, overseas suppliers can authorise organisations or tax agents in Vietnam to conduct tax registrations, declarations, and payments on their behalf. If the overseas supplier authorises an organisation or tax agent to operate under Vietnamese law, or authorised party, the authorised party is responsible for carrying out the procedures of tax registration, declaration, and payment according to the contract signed with the overseas supplier.

“Registered non-resident suppliers will pay the tax on a quarterly basis, while banks and intermediary payment service providers will deduct and remit tax on a monthly basis,” Acclime noted. “If the overseas supplier pays more than the payable tax amount according to the declaration, the overseas supplier may offset the payable tax amount in the next tax period.”

In the case of overseas suppliers not registering, declaring, or paying taxes here, Vietnamese organisations that purchase goods or services from overseas or distribute goods or provide services on behalf of those suppliers will be responsible for declaring, withholding, and paying VAT and corporate income tax, following Circular No.103/2014/TT-BTC guiding tax obligations of foreign groups or individuals doing business or earning income in Vietnam.

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