4 cases of tax payment extension
According to the Decree 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 recently issued by the Government, there are 4 cases of tax payment extension.
Specifically, tax payment extension is considered based on taxpayer's request in one of 4 cases:
The first, suffered material damage, directly affecting production and business due to natural disasters, fires, and unexpected accidents.
Material damage is the loss of taxpayer's assets, calculated in money such as: Machinery, equipment, vehicles, materials, goods, factories, offices, money, and valuable papers like money.
In this case, the maximum tax payment extension period shall not exceed 2 years from the tax payment deadline date.
Monday,must stop operations due to relocation of production and business facilities at the request of competent state agencies, affecting production and business results.
Tuesday,Unpaid basic construction investment capital recorded in the state budget estimate.
Wednesday,Inability to pay taxes on time in case of imported raw materials and supplies for the production of export goods with a production or storage cycle longer than 275 days; other cases of special difficulty.
In the remaining 3 cases, the maximum tax payment extension period shall not exceed 1 year from the tax payment deadline date.
3 cases of tax debt cancellation
In addition to regulations on tax payment extension, the Decree also specifically stipulates 3 cases in which tax debt, late payment fees, and fines are cleared.
Specifically, a bankrupt enterprise that has made payments according to the provisions of bankruptcy law but has no assets left to pay taxes, late payment fees, and fines will have its debt cleared.
In addition, individuals who are considered by law to be dead, missing, or have lost civil capacity and have no assets left to pay taxes, late payment fees, or fines will also have their debts cleared.
For tax debts, late payment fees, and fines that do not fall into the two cases mentioned above but meet the following conditions: The tax debt, late payment fees, and fines have been over 10 years since the tax payment deadline; the tax authority has applied all measures to enforce tax administrative decisions as prescribed but has not collected enough tax, late payment fees, and fines, the debt will also be cleared.
In the above cases of debt cancellation, when considering principal debt cancellation, the late payment of that principal debt will also be cancelled.
The tax amounts to be erased include tax, late payment, fines and other receivables belonging to the state budget collected by tax authorities according to the provisions of law.
In particular, debt cancellation for land use fees and land rents is carried out in accordance with the Land Law and documents guiding the implementation of the Land Law.
The Decree takes effect from September 15, 2013.
According to the Government - HV
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