Business households with revenue of less than 1 billion VND/year that have paid taxes can be refunded

Xuyên Đông |

The Ministry of Finance has just answered people's questions about whether business households with revenue below 1 billion VND/year but have paid taxes can be refunded?

On the Ministry of Finance's Information Portal, reader H.T. N (Ca Mau) reflected that, according to new regulations, the taxable revenue threshold for business households has been increased from 500 million VND/year to 1 billion VND/year.

However, in reality, many business households with revenue from 500 million VND to less than 1 billion VND/year have declared and submitted tax returns for the first quarter according to old regulations before the new policy was issued.

Readers request the Ministry of Finance and tax authorities to provide specific guidance:

For business households with revenue from 500 million VND to less than 1 billion VND/year that have submitted tax returns for the first quarter according to the old regulations, is it necessary to continue to declare taxes quarterly from the second quarter onwards?

In case the tax amount to be paid or tax paid in the first quarter according to the old threshold has arisen, can it be adjusted, offset or refunded according to the new regulations?

Answering this content, the Ca Mau provincial tax authority said that, based on Decree No. 68/2026/ND-CP of the Government and Decree No. 141/2026/ND-CP amending and supplementing a number of articles of Decree No. 68/2026/ND-CP:

Clause 1, Article 8 of Decree No. 68/2026/ND-CP (amended and supplemented in Decree No. 141/2026/ND-CP) stipulates:

In case business households and individual businesses self-determine that they have annual revenue from production and business activities of goods and services from 1 billion VND or less, business households and individual businesses shall notify the tax authority of actual revenue generated in the year no later than January 31 of the following calendar year".

According to the above regulations, for business households and individual businesses that self-determine revenue from 500 million VND to less than 1 billion VND/year and have submitted Q1 tax declarations, from the Q2 declaration period onwards, they do not have to continue to declare quarterly taxes.

Instead, business households and individual businesses only need to notify the tax authority of actual revenue generated in the year no later than January 31 of the following calendar year.

Regarding tax refunds, the tax authority said that Clause 2, Article 12 of Decree No. 68/2026/ND-CP (amended and supplemented in Decree No. 141/2026/ND-CP) stipulates:

In case business households and individual businesses have paid value-added tax and personal income tax for business activities but have actual revenue generated in the year from 1 billion VND or less, they shall carry out compensation, refund or refund cum budget revenue compensation according to the provisions of law on tax management for the surpaid tax amount".

Accordingly:

In case business households self-determine that they have revenue of less than 1 billion VND/year, have submitted the tax return for the first quarter and incur the amount of tax payable but have not yet paid tax into the state budget, they need to contact the directly managing tax authority for guidance.

In case business households self-determine that they have revenue of less than 1 billion VND/year, have incurred tax obligations and have paid tax in the first quarter, if by the end of the year the total revenue is still less than 1 billion VND, they are entitled to carry out procedures to request refund of the surpaid tax amount according to the provisions of the Law on Tax Administration.

Xuyên Đông
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