Decree No. 91/2022/ND-CP has recently been issued by the government and takes effect from October 30th, 2022, amending and supplementing a number of contents specified in Decree No. 126/2020/ND- CP dated October 19th, 2020 specifying several Articles present in the Tax Administration Act 2019.
The most notable point of Decree No. 91/2022/ND-CP is to remove the content of the regulation stated in Decree No. 126/2020/ND-CP which is “The tentative total corporate income tax paid in the first 3 quarters of the year must not be lower than 75% of the corporate income tax payable declared at the end of the year”. Instead, Decree 91/2022/ND-CP amends: “The total amount of tentative corporate income tax paid for 4 quarters must not be lower than 80% of the amount of corporate income tax payable declared at the end of the year. In case a taxpayer underpays the tax amount that must be temporarily paid for 4 quarters, they must pay a late payment fee calculated from the underpaid tax amount…”. This is a very important amendment, creating favourable conditions for businesses.
Decree No. 91/2022/ND-CP adds: “In case the last day of the time limit for submitting tax declaration dossiers and tax payment, the time limit for the tax authorities to process the documents, the effective time limit for the enforcement of a decision coincides with a statutory holiday, the last day of the time limit shall be the working day immediately following that holiday. Previously, Decree No. 126 did not stipulate this provision.
Decree No. 91 also adds (Clause 8, Article 27) that organizations established and operating under Vietnamese law who are owners of an e-commerce platform are to be responsible for providing complete, accurate and correct information to tax authorities regarding the identity of sellers, organizations and individuals that conduct part or all of the process of purchasing and selling goods or services on the e-commerce platform, which includes: the seller’s name, their tax code or personal identification number or identity card or citizen identification card or passport, their address, and contact phone number; sales revenue through the online ordering functionality of the platform (which Decree No. 126 did not stipulate).
In addition, Decree No. 91 also adds that taxpayers do not have to submit tax declaration dossiers in the case that “the PIT declaration is the responsibility of an income-paying organization or individual that must declare PIT by month or quarter, but in that month or quarter no personal income tax deduction of the income recipient arises” – there was no stipulation regarding this in Decree No. 126.