EXTENSION OF TIME LIMIT FOR PAYING TAX AND LAND RENT IN 2022

Deputy Prime Minister Le Minh Khai has just signed Decree No. 34/2022/ND-CP dated May 28, 2022 extending the deadline for paying value-added tax, corporate income tax, personal income tax and money. lease land in 2022.

 Extension of time limit for paying temporary corporate income tax for the first and second quarter of 2022

Extended objects include:

1- Enterprises, organizations, households, business households and individuals engaged in production activities in the following economic sectors:

a) Agriculture, forestry and fishery;

b) Food production and processing; weaving; production of costumes; manufacture of leather and related products; wood processing and production of products from wood, bamboo and cork (except for beds, cabinets, tables and chairs); produce products from straw, straw and plaiting materials; production of paper and paper products; manufacturing products from rubber and plastic; manufacture of other non-metallic mineral products; metal production; mechanical; metal processing and coating; manufacturing electronic products, computers and optical products; manufacture of automobiles and other motor vehicles; manufacture beds, cabinets, tables and chairs;

c) Construction;

d) Publishing activities; cinematographic activities, television program production, sound recording and music publishing;

dd) Exploiting crude oil and natural gas (no extension for corporate income tax on crude oil, condensate, and natural gas collected under agreements or contracts);

e) Manufacture of beverages; print, copy records of all kinds; production of coke, refined petroleum products; manufacture of chemicals and chemical products; manufacture of products from prefabricated metal (except for machinery and equipment); manufacture of motorcycles and motorbikes; repair, maintenance and installation of machinery and equipment;

g) Drainage and wastewater treatment.

2- Enterprises, organizations, households, business households and individuals doing business in the following economic sectors:

a) Transport and warehouse; accommodation and catering services; education and training; health and social assistance activities; real estate business;

b) Labor and employment service activities; activities of travel agencies, tour businesses and support services, related to the promotion and organization of tours;

c) Creative, artistic and entertainment activities; activities of libraries, archives, museums and other cultural activities; sports and entertainment activities; movie screening activities;

d) Radio and television activities; computer programming, consulting services and other computer-related activities; information service activities;

d) Mining support service activities.

3- Enterprises, organizations, households, business households and individuals engaged in production of supporting industry products are prioritized for development; key mechanical products.

4- Small and micro enterprises are defined according to the provisions of the Law on Supporting Small and Medium Enterprises in 2017 and the Government's Decree No. 80/2021/ND-CP dated August 26, 2021 detailing a Articles of the Law on Supporting Small and Medium Enterprises.

5- Credit institutions, foreign bank branches implement solutions to support customers being businesses, organizations and individuals affected by the COVID-19 epidemic in accordance with regulations of the State Bank of Vietnam.

The economic sector and field of an enterprise, organization, household, business household or individual specified in (1), (2), (3) above is the industry or field in which the enterprise, organizations, households, business households, and business individuals that have production and business activities and generate revenue in 2021 or 2022.

Extension of tax payment deadline for the amount of value added tax payable

The Decree stipulates extension of time limit for paying tax and land rent.

Specifically, for value-added tax (except for value-added tax at the stage of importation), extending the tax payment deadline for the arising value-added tax payable (including the tax allocated to the other provincial-level localities where the taxpayer is headquartered, the tax amount to be paid each time) of the tax period from March to August 2022 (for the case of monthly VAT declaration) and the tax period of the first quarter, the second quarter of 2022 (for the case of quarterly value-added tax declaration) of enterprises and organizations. The extension period is 06 months for the value added tax amount from March to May 2022 and the first quarter of 2022, the extension period is 05 months for the value added tax amount of June 2022 and the second quarter of 2022, the extension period is 04 months for the value-added tax amount of July 2022, the extension time is 03 months for the value-added tax amount of August 2022. The deadline is counted from the end of the time limit for paying value added tax in accordance with the law on tax administration.

In case the taxpayer makes additional declarations in the tax declaration dossier of the extended tax period, leading to an increase in the payable value-added tax amount and sending it to the tax authority before the extended tax payment time limit expires, the tax amount The extension includes the additional tax payable due to the additional declaration.

Enterprises and organizations eligible for extension shall declare and submit monthly and quarterly VAT declarations in accordance with current laws.

However, the payable value-added tax amount incurred on the declared value-added tax declaration has not yet been paid. The deadline for payment of value added tax of the month and quarter is extended as follows:

- The deadline for paying value added tax of the tax period of March 2022 is October 20, 2022 at the latest.

- The deadline for paying value added tax of the April 2022 tax period is November 20, 2022 at the latest.

- The deadline for paying value added tax of the May 2022 tax period is December 20, 2022 at the latest.

- The deadline for paying value added tax of the June 2022 tax period is December 20, 2022.

- The deadline for paying value added tax of the July 2022 tax period is December 20, 2022 at the latest.

- The deadline for paying value added tax of the tax period of August 2022 is December 20, 2022 at the latest.

- The deadline for paying value added tax of the first quarter of 2022 tax period is October 30, 2022 at the latest.

- The deadline for paying value added tax of the tax period of the second quarter of 2022 is December 31, 2022 at the latest.

In case an enterprise or organization with branches or affiliated units makes a separate declaration of value added tax with the tax agency directly managing the branch or affiliated unit, the branches and affiliated units shall are also subject to an extension of value added tax payment. In case the branch or affiliated unit of the enterprise or organization mentioned in (1), (2), (3) above does not have production and business activities in the economic sector or field to which the extension is granted, the branch shall , affiliated units are not subject to the extension of payment of value added tax.

Extension of time limit for paying temporary corporate income tax for the first and second quarter of 2022

For corporate income tax, extending the tax payment deadline for temporarily paid corporate income tax amounts of the first quarter and second quarter of the 2022 corporate income tax period of enterprises and organizations subject to regulation the aforesaid determination. The extension is 03 months from the end of the time limit for paying corporate income tax in accordance with the law on tax administration.

In case an enterprise or organization with branches or affiliated units declares separate corporate income tax with the tax agency directly managing the branch or affiliated unit, the branches and affiliated units shall are also subject to the extension of corporate income tax payment. In case the branch or affiliated unit of the enterprise or organization mentioned in (1), (2), (3) above does not have production and business activities in the economic sector or field to which the extension is granted, the branch shall , affiliated units are not subject to the extension of corporate income tax payment.

Extension of the time limit for paying land rent for 50% of the arising land rent payable in 2022

For value added tax, personal income tax of business households and individuals, extension of time limit for payment of value added tax, personal income tax for payable tax amounts arising in 2022 of business households and individuals operating in the economic sectors and fields specified in (1), (2), (3) above. Business households and individuals shall pay the extended tax amount by December 30, 2022.

Extension of the time limit for land rental payment for 50% of the arising land rent payable in 2022 of enterprises, organizations, households, business households and individuals that are regulated entities being leased land by the State directly under a decision or contract of a competent state agency in the form of annual land rental payment. The extension period is 06 months from May 31, 2022 to November 30, 2022.

This provision also applies to cases where enterprises, organizations, households, business households and individuals have many decisions, direct land lease contracts of the State and have many other business and production activities. including economic sectors and fields specified in (1), (2), (3) and (5) above.

In case an enterprise, organization, business household or business individual has production and business activities in many different economic sectors, including regulated economic sectors and fields, then: limit the entire amount of value added tax and corporate income tax payable; Business households and individuals are entitled to a full extension of the value added tax and personal income tax payable under the guidance in this Decree.

In case the last day of the extended tax payment deadline coincides with a prescribed holiday, the last day of the time limit is counted as the next working day of that holiday.

This Decree takes effect from May 28, 2022 to the end of December 31, 2022.