Late submission of PIT finalization could be fined by cash up to VND 5 million

3/25/2020

The annual tax declaration is required to be submitted within 90 days from the end of the calendar year or fiscal year”, as prescribed at point đ, clause 3 Article 10 of Circular 156/2013/TT-BTC. Accordingly, the deadline of PIT finalization submission for 2019 is no later than March 30th, 2020.

After the above-mentioned deadline, individuals and organizations who are subject to PIT finalization shall be fined if do not or late submit dossiers of PIT finalization. Administrative penalties shall be imposed depending on the nature, seriousness of the violations, and mitigating circumstances, aggravating circumstances. Additionally, the fines incurred by individuals are a half of the fines incurred by organizations. As prescribed in Article 9 of Circular No. 166/2013/TT-BTC, the fines apply for organizations as below:

“1. A warning shall be imposed on the tax declaration late submitted from 01 to 05 days after deadline with mitigating circumstances.

2. A fine of VND 700,000 shall be imposed on the tax declaration late submitted to the tax authority from 01 – 10 days after deadline except for the case in Clause 1 (the fine shall not less than VND 400,000 if there are mitigating circumstances, and shall not exceed VND 1,000,000 if there are aggravating circumstances).

3. A fine of VND 1,400,000 shall be imposed on the tax declaration late submitted to the tax authority 10 to 20 days after deadline (the fine shall not less than VND 800,000 if there are mitigating circumstances, and shall not exceed VND 2,000,000 if there are aggravating circumstances).

4. A fine of VND 2,100,000 shall be imposed on the tax declaration late submitted to the tax authority from 20 to 30 days after deadline (the fine shall not less than VND 1,200,000 if there are mitigating circumstances, and shall not exceed VND 3,000,000 if there are aggravating circumstances).5

5. A fine of VND 2,800,000 shall be imposed on the tax declaration late submitted to the tax authority from 30 to 40 days after deadline (the fine shall not less than VND 1,600,000 if there are mitigating circumstances, and shall not exceed VND 4,000,000 if there are aggravating circumstances).

6. The following violations shall incur a fine of VND 3,500,000 (the fine shall not less than VND 2,000,000 if there are mitigating circumstances, and shall not exceed VND 5,000,000 if there are aggravating circumstances):

a) The tax declaration is late submitted from 40 to 90 days after deadline.

b) The tax declaration is late submitted after 90 days from the deadline but no additional tax is incurred or in the event defined in Clause 9 Article 13 of Circular No. 166.

c) The tax declaration is not submitted but no additional tax is incurred (unless the submission of tax declarations is not required by law).

d) The quarterly tax declaration is not submitted after 90 days from the deadline, but the deadline for submitting the annual tax declaration has not expired.”