Procedures for handling tax debt for insolvent taxpayers
Procedures for handling tax debts for insolvent taxpayers are specified. Photo Thuy Linh |
The draft circular stipulates that in case the taxpayer issues a dissolution decision and sends it to the tax agency or the business registration agency for dissolution, the procedures must include a notice from the business registration agency on the situation that the taxpayer is in the dissolution process on the national information system on enterprise registration.
In case there is no notice from the business registration agency about the situation that the taxpayer is inthe dissolution process on the national information system on enterprise registration, the taxpayer must submit a written certification issued by the business registration agency or acompetent agency in charge of granting establishment and operation licenses or a competent agency in charge of granting practice licenses about the situation that the taxpayer is in the dissolution process and has a dissolution decision.
In addition, a notice of tax debts, fines and late payment interest or a written certification of tax payable, fines and late payment interest of taxpayers to June 30, 2020 issued by the tax administration agency is required.
In case the taxpayer is a branch or an affiliated unit, a representative office, or a business location, a written confirmation for the status that the taxpayer no longer operates at the registered address issued by the People's Committee of the commune, ward or township where the taxpayer’s business address is registered, is required. Tax agencies of the branch, the affiliated unit, the representative office and the business location shall work with the tax agencyof the head office to confirm the status of production and business activities of the head office.
The draft also provides for procedures for the taxpayer whohas applied for bankruptcy or has been forced to apply for bankruptcy. Accordingly, procedures must include a notice of the competent Court regarding the acceptance of the application for bankruptcy or the decision on bankruptcy or a court’s decision on bankruptcy announcement but the tax debts have not been written off in accordance with the Law on Tax Administration.
If the competent court has not yet accepted the bankruptcy application, there must an application for bankruptcy of the taxpayer or related persons as described by the law on bankruptcy.
In addition, the procedures for this case will include a notice of tax debts, fines and late payment interest or a written confirmation of tax payable, fines and late payment interest of the taxpayer to June 30, 2020 from the tax agency.
According to the draft circular, if the taxpayer is no longer doing business at the registered business address with the business registration agency and tax agency, the procedures also includes a written confirmation of the operation status of the taxpayer at the registered address between tax agencies and the local authority that the taxpayer no longer operates at the registered business address or contact address.
In case the taxpayer is an enterprise or organization, there must be a notice that the taxpayer does not operate at the registered address or a notice of abandoning business address from a tax agency.
In addition, a notice of tax debts, fines and late payment interest or a written confirmation of the tax payable, fines and late payment interest to June 30, 2020 of the tax agency is required.
If the taxpayer is a branch, an affiliated unit, a representative office, or a business location, a written confirmation for the status that the taxpayer no longer operates at the registered address issued by the People's Committee of the commune, ward or township where the taxpayer’s business address is registered, is required. Tax agencies of the branch, the affiliated unit, the representative offices or business location shall work with the tax agency of the head office to confirm the status of production and business activities of the head office.
Casessubject to tax debt write-off are also mentioned in the draft circular. That is the tax agency has sent a written request to the competent agency to revoke the certificate of business registration, certificate of enterprise registration, certificate of cooperative registration, certificate of business household registration, establishment and operation license, or practice license of the taxpayer or the competent agency has revoked the certificate of business registration, certificate of enterprise registration, certificate of cooperative registration, certificate of business household registration, establishment and operation license, or practice license of the taxpayer under the request of the tax agency.
Accordingly, for this case, the procedures for debt handling includes a written request from the tax agency to the competent agency on revocation of a decision by the competent agency on revocation of the certificate of business registration, certificate of enterprise registration, certificate of cooperative registration, certificate of business household registration, establishment and operation license, or practice license; a written certification by the People's Committee of the commune, ward or township where the taxpayer’s business address is registered, of the status that the taxpayer no longer does business and production at registered business address is required.
If the taxpayer is a branch, an affiliated unit, a representative office, or a business location, there must be a written certification by the People's Committee of the commune, ward or township where the taxpayer’s head office is registered, of the status that the taxpayer’s head office no longer operates at the registered address. Tax agencies of the branch, the affiliated unit, the representative office and the business location shall work with the tax agency of the head office to confirm the status of production and business activities of the head office.
Owing more than VND3 billion in tax, an enterprise fled its place of business VCN – A processing enterprise in Long An, owing nearly VND3.2 billion in tax, has fled from ... |
In addition, there must be a notice of tax debts, fines and late payment interest or a written confirmation tax payable, fines, interest of taxpayers to June 30, 2020 of the tax agency.
Related News
HCM City Customs Department collects 280 billion of tax debts
20:56 | 25/03/2023 Customs
Adjusting the way to register exports to China for some plant products
09:41 | 21/03/2023 Import-Export
HCM City set an objective of 100% of e-invoices from cash registers
09:43 | 21/03/2023 Finance
Time for tax settlement for 2022
09:31 | 19/03/2023 Finance
Latest News
Corporate bonds worth 1.1 billion USD issued in March
13:55 | 06/04/2023 Finance
Tax revenue is estimated at VND 426,922 billion in the first quarter
09:56 | 06/04/2023 Finance
Nearly 400 complaints about insurance distribution through banks on Ministry of Finance hotline
14:47 | 04/04/2023 Finance
Central bank starts huge credit package for social housing projects
14:42 | 04/04/2023 Finance
More News
In Q1, State revenue estimated to rise by 1.3%
13:28 | 04/04/2023 Finance
Consider raising the level of penalties to ensure fairness and transparency in the stock market
13:27 | 04/04/2023 Finance
Central bank cuts policy interest rates to spur growth
17:43 | 02/04/2023 Finance
Ensure policies to attract investment when implementing global minimum tax
10:33 | 02/04/2023 Finance
SBV asks to issue revised decree on foreign ownership cap at Vietnamese banks
20:30 | 01/04/2023 Finance
Solutions to attract FDI when implementing the global minimum CIT
11:38 | 01/04/2023 Finance
Effective implementation of tax incentives as driving force for growth in trade turnover between Vietnam and Cuba
13:43 | 31/03/2023 Finance
Being many "hot" issues at the general meeting of shareholders of banks
09:24 | 30/03/2023 Finance
Bringing the policies on reducing land rent and water surface rent into life
15:41 | 29/03/2023 Finance
Your care
The system has not recorded your reading habits.
Please Login/Register so that the system can provide articles according to your reading needs.
Corporate bonds worth 1.1 billion USD issued in March
13:55 | 06/04/2023 Finance
Tax revenue is estimated at VND 426,922 billion in the first quarter
09:56 | 06/04/2023 Finance
Nearly 400 complaints about insurance distribution through banks on Ministry of Finance hotline
14:47 | 04/04/2023 Finance
Central bank starts huge credit package for social housing projects
14:42 | 04/04/2023 Finance
In Q1, State revenue estimated to rise by 1.3%
13:28 | 04/04/2023 Finance