Pursuant to Article 47 of the Law on Tax Administration No. 38/2019/QH14 dated June 13, 2019, providing additional declaration of tax declaration dossiers:
“1. In case the tax declaration dossier submitted to the tax authority is erroneous or inadequate, supplementary documents may be provided within 10 years from the deadline for submission of the erroneous or inadequate tax declaration dossier but before the tax authority or a competent authority announces a decision on tax document examination.
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4. Supplementary documents include:
a) The supplementary tax return;
b) The explanation for the supplementation and relevant documents.
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Pursuant to Article 7 of Decree No. 126/2020/ND-CP dated October 19, 2020 of the Government detailing a number of articles of the Law on Tax Administration; regulations on tax declaration dossiers:
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4. The taxpayer may submit supplementary documents if the tax declaration dossier is found erroneous as prescribed in Article 47 of the Law on Tax administration using the set form provided by the Minister of Finance. To be specific:
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b) If the supplementation leads to an increase in the amount of tax payable or decrease in the amount of refundable tax, the arrears or excessively refunded tax plus late payment interest (if any) shall be paid to state budget.
If the supplementation only increases or decreases the deductible VAT which will be carried forward, it must be included in the current tax period. The taxpayer may only increase the refundable VAT if the tax declaration dossier of the next period and the application for tax refund is not submitted.
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Based on the above provisions, refer to some adjustment principles as follows:
The supplementary tax return may be submitted to the tax authority on any working day, regardless of the deadline for submitting the next tax return, but must be before the tax authority or a competent authority announces a decision on tax document examination; if the tax authority or the competent authority has already issued a conclusion or decision on tax handling after the examination, the taxpayer may make supplementary or adjusted declarations.
* Some cases of supplementary declaration of tax declaration dossiers:
a) If the taxpayer makes a supplementary declaration to the tax declaration dossier, which only increases the amount of VAT that has not yet been fully deducted in the tax period with errors, a supplementary declaration shall be made, the increased tax amount shall be declared in the item “Increase of the deductible VAT amount of previous periods” on the VAT declaration of the current tax filing period.
b) If the taxpayer makes a supplementary declaration to the tax declaration dossier, which reduces the amount of VAT that has not yet been fully deducted in the tax period with errors, a supplementary declaration shall be made:
– If the taxpayer has not deducted and has not yet requested a tax refund, the decreased tax amount shall be declared in the item “Decrease of the deductible VAT amount of previous periods” on the VAT declaration of the current tax filing period.
For example: Company H in August 2021 makes a supplementary declaration of the VAT declaration dossier of January 2021, which reduces the amount of VAT that has not yet been fully deducted from 200 million VND to 100 million VND, the taxpayer is not required to pay the 100 million VND of VAT and does not have to calculate late payment, but adjust the amount of non- deductible VAT of January 2021 to 100 million VND on the VAT declaration of July 2021 (if still within the tax declaration period) or August 2021, the month of making supplementary declarations or adjustments (declaring in the item – Decrease of the deductible VAT amount of previous periods).
– If the taxpayer has stopped deducting tax and makes a request for tax refund and sends it to the tax authority but has not yet received a tax refund, the tax authority shall consider tax refund according to the application for tax refund and the supplementary declaration as prescribed.