Handling when wrongly determining period of VAT declaration

11/27/2019

On October 3rd, 2019, General Department of Taxation has issued Official Letter No. 4004/TCT-CS as guidance on tax handling when wrongly determining period of value added tax (“VAT”) declaration. Accordingly,

Newly- established enterprise submits quarterly VAT declarations for 12 months since starting operation. From next calendar year, taxpayer shall determine period of VAT declaration based on revenue of previous calendar year (12-month fully) and declare VAT monthly or quarterly throughout the 3-year stable cycle.

In case Enterprise has satisfied the conditions of monthly VAT declaration but filling on a quarterly basis until now, then:

  • The enterprise would be administrative penalty according to regulations;
  • The enterprise shall make an additional amendment of tax declaration as stipulated at Clause 5, Article 10, Circular No. 156/2013/TT-BTC.

The enterprise would be considered for VAT refund in case of having exported goods and services when the enterprise fully satisfies the regulation of tax refund.