Deadlines for filing personal income tax returns. Penalties and remedies for late submission of personal income tax returns

1/9/2023

Deadline for filling Personal income tax (“PIT”) returns

Deadline for submission of tax declaration dossiers of taxes declared monthly and quarterly: Specified in Clause 1, Article 44 of the Law on Tax Administration 2019, specifically:

  • For taxes declared monthly: the 20th of the month succeeding the month in which tax is incurred.
  • For taxes declared quarterly: the last day of the first month of the succeeding quarter.

 

PIT finalization deadline: As prescribed in Clause 2, Article 44 of the Law on Tax Administration 2019 as follows:

  • If an individual authorizes the final settlement for an income-paying organization or individual, the deadline for PIT finalization is no later than 31 March 2023.
  • If an individual directly finalizes PIT with the tax authority, the deadline for PIT finalization is no later than 30 April 2023.

 

Penalties for late filing personal income tax returns

Administrative penalties for submitting tax returns beyond the time limit specified in Article 13 of Decree 125/2020/ND-CP, specifically as follows:

Violations

Penalties

Legal grounds

Amount of late payment

Filing tax returns from 01 to 05 days after expiration of the prescribed time limits under mitigating circumstances.

Warning

Clause 1 - Point a Clause 6 Article 13

 

Clause 2, Article 59 of the Law on Tax Administration 2019 stipulates that Calculation of late payment interest of PIT is determined as follows:

The rate of late payment interest is 0.03% per day on the overdue amount.

Submitting tax returns from 01 to 30 days after expiration of the prescribed time limits, except the cases specified in clause 1 of this Article.

Fines ranging from VND 2,000,000 to VND 5,000,000

Clause 2 - Point a, Clause 6, Article 13

Submitting tax returns from 31 to 60 days after expiration of the prescribed time limits.

Fines ranging from VND 5,000,000 to VND 8,000,000

Clause 3 - Point a Clause 6 Article 13

- Filing tax returns from 61 to 90 days after expiration of the prescribed time limits;

- Filing tax returns at least 91 days after expiration of the prescribed time limits if none of additional taxes is incurred;

- Failing to submit tax returns if none of additional taxes is incurred;

Fines ranging from VND 8,000,000 to VND 15,000,000

Clause 4, 6 Article 13

Filing tax returns more than 90 days after the prescribed deadline if such act results in additional taxes to be paid, and the taxpayer has fully paid taxes, deferred amounts into the state budget before the time of the tax authority’s announcement of the decision on tax inspection and examination, or before the time of the tax authority’s issuance of the report on the deferred submission of tax returns under the provisions of clause 11 of Article 143 in the Law on Tax Administration.

Fines ranging from VND 15,000,000 to VND 25,000,000

Note: In case the penalty amount is greater than the amount of tax incurred on the tax return, the maximum penalty amount for this case is equal to the amount of tax incurred on the tax return but not lower than the amount of VND 11.5 million specified in Clause 4 of this Article.

Clause 5 - Point a, Clause 6, Article 13