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A fine of up to 25 million vnd for late tax return submiting December 5, 2020

23/10/2020


On October 19, 2020, the State has issued Decree 125/2020/NĐ- CP about administrative violation of tax and invoice. In contrast to the highest fine level (up to 5 million vnd) in Article 7 of Decree 129/2013/NĐ- CP, Decree 125/2020/NĐ- CP takes effective in which late tax return submission will be fined as many time as before.

Specifically, fines for late submission of tax return are prescribed as follows:

1. Warning for late submission of tax return from 1 to 5 days accompany with aggravating circumstances

2. A fine from 2 million vnd to 5 million vnd for late submission of tax return from  01 to 30 days, except the case prescribed at this Article, clause 1.

3. A fine from 5 million vnd to 8 million vnd for late submission of tax return from  31 to 60 days.

4. A fine from 8 million vnd to 15 million vnd for below cases:

a) Late submission of tax return from  61 to 90 days;

b) Late submission of tax return from 90 days but no tax to pay;

c) No submiting tax return but no tax to pay;

d) No submiting appendix as requirement of tax management for busniness which has related- party transaction with corporate income tax balance.

5. Fine from 15 million vnd to 25 million vnd for lat submission of tax return over 90 days late from the due date of tax return submission in condition that there is tax to pay and taxpayer fully completes tax payment, late payment interest into the State budget before tax authority annouces the result of verifying and inspecting tax or before the time tax authority makes a record of late payment as Article 143, clause 11 of Law on Tax management.
In case that the calculated fine is over the tax amount, the fine for this case must not be charged over more than the tax amount in tax return. However, the fine is also not less than the everage punishment in this Article, clause 4.

6. Remedial measures:

a) Enforce to fully pay for late tax payment into state budget for violations specified in clauses 1, 2, 3, 4 and 5 of this Article if taxpayers are late in submiting tax return that lead to the lateness of completing tax payment.

b) Enforce to submit tax return and appendix enclosed with tax return for behaviors at this Article, point c and d.

This Decree will take effective on December 5, 2020.