EXECUTIVE SUMMARY
On 16 October 2013, in conjunction with the new amended law
on Tax Administration, Vietnam released the new Decree (Decree) on penalties
pertaining to tax administrative procedures. This Decree becomes effective on
15 December 2013 and applies to any violations occurring on or after the
effective date, including the violations of any periodic or estimated tax
payment obligations.
The Decree amends penalty amounts and periods of statute of
limitations (SOL) but otherwise retains the basic concepts and framework of the
prior regulations.
DETAILED DISCUSSION
Applicability of the Decree
The Decree applies to the administrative violations
pertaining to various taxation regimes, including Value Added Tax except for
those related to exported and imported goods.
Statute of limitations
The SOL for tax procedural violations still remains at two
years and five years for underpayment of tax liabilities and excess tax refund
claim. These SOL periods are counted from the date the violation is committed,
and are defined either as a day following the tax filing due date or the date
the tax refund is issued.
In terms of the collection of the outstanding tax
liabilities, a tenyear SOL will apply, counting from the date the act of
violation is detected; whereas the prior regulations provided no SOL. No
guidance is provided in this Decree on how to determine the date that the
violation is detected, leaving some uncertainties. For taxpayers not applying
for a tax registration, the SOL to collect outstanding tax liabilities is open.
Please click here for more information.
---------------------------------------------------------------------------------------------------------------------------
Further reference from this blog: click here
Không có nhận xét nào:
Đăng nhận xét