Similar to Decree 41/2020/ND-CP and Decree 52/2021/ND-CP, on 28 May 2022, the Government promulgated Decree No. 34/2022/ND-CP (Decree 34) on deferral of tax (including value-added tax (VAT), corporate income tax (CIT) and personal income tax (PIT)) and land rental payment for 2022. Decree 34 is effective from 28 May to 31 December 2022.
This legal update sets out the noteworthy points of Decree 34.
Similar to the previous decrees, the deferral of tax and land rent payment in 2022 applies to the following enterprises, organisations, households, business households and individuals:
Micro- and small enterprises;
Credit institutions and branches of foreign banks that customers affected by the Covid-19 pandemic under the regulations issued by the State Bank of Vietnam; and
Enterprises, organisations, households, business households and individuals running a business in certain fields, including, inter alia:
Production and manufacturing sectors: agriculture, forestry and aquaculture; food and beverage; garment and textile; wood, straw and plastic products; paper products; metallurgy, mechanical engineering; electronic products; autos, motors; chemicals; coke, refined petroleum; construction; publishing and cinematograph activities; exploiting crude oil and natural gas; drainage and wastewater treatment;
Services sectors: transportation; accommodation and catering services; education; healthcare; real estate; labour and employment; tourism; sports, artists and entertainment; radio, television and information services; mining ancillary services; and
Prioritised sectors: manufacturing of prioritised auxiliary industry products and key mechanical products.
Eligibility depends on the subject’s business activities and turnover arising in 2021 or 2022 in the above sectors. If only a part of a taxpayer’s business activities belongs to the eligible sectors listed in Decree 34, the deferral is applied to all due taxes of such taxpayer, regardless of their origin.
The extension period granted for VAT is three to six months as of the last VAT payment due date and depending on the payment period:
Monthly declaration: from March to August 2022, where March needs to be settled by 20 October 2022, April by 20 November 2022, and May to August by 20 December 2022.
Quarterly declaration: for Quarter 1 and Quarter 2 of 2022, where Quarter 1 needs to be settled by 30 October 2022 and Quarter 2 by 31 December 2022.
Note that this extension does not apply to VAT for imports and that lodgments are still required to be performed according to schedule.
The extension period for CIT is three months as of the last CIT payment due date and is applicable to CIT payables for Quarter 1 and Quarter 2 of the 2022 CIT assessment period.
The extension is applicable to VAT and PIT due in 2022 and must be settled no later than 30 December 2022.
Under Decree 34, the payment extension applies to 50% of the land rents payable in 2022 for land directly leased from the State under the form of annual rent payment. The extension term is six months as of 31 May 2022.
Taxpayers shall file an extension request to the relevant tax authorities under the form provided in the Annex of Decree 34. The deadline for filing the extension request with the tax authorities under Decree 34 is 30 September 2022.
Similar to the previous decrees, no approval from the competent tax authorities is required to trigger the tax or land rent payment deferral. In case the tax authorities have ground to determine that a taxpayer is not entitled to the deferral, the tax authorities shall notify such taxpayer in writing and the taxpayer must pay the due amounts of taxes and land rent. Note that the taxpayer might be subject to penalties for late payment in accordance with the laws.
For more information, please contact:
Phuong Huynh / Senior Associate
Kim Nguyen / Junior Associate
© 2022 ACS Legal Vietnam Company Limited – All rights reserved
This legal update is not an advice and should not be treated as such.
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