Clause 5, Article 13 of Decree 125/2020/ND-CP specifically stipulates the penalty for violations of the deadline for submitting tax declarations as follows:
- A fine of VND 15,000,000 to VND 25,000,000 shall be imposed for the act of submitting tax declarations that are overdue for more than 90 days from the date of tax declaration submission, with the amount of tax payable arising and the taxpayer having paid the full amount of tax and late payment to the state budget before the tax authority announces the tax inspection decision, another competent authority announces the inspection and examination decision or before the tax authority makes a record of the act of late payment of tax declarations according to the provisions of Clause 11, Article 143 of the Law on Tax Administration 2019.
In case the fine amount applied according to Clause 5, Article 13 of Decree 125/2020/ND-CP is greater than the tax amount arising on the tax declaration, the maximum fine for this case is equal to the amount of tax arising payable on the tax declaration but not lower than the average of the fine framework prescribed in Clause 4, Article 13 of Decree 125/2020/ND-CP.
In addition, a warning is issued for the act of submitting an overdue tax declaration from 01 day to 05 days and with mitigating circumstances.
- Fine from VND 2,000,000 to VND 5,000,000 for the act of submitting an overdue tax declaration from 01 day to 30 days, except for the case specified in Clause 1, Article 13 of Decree 125/2020/ND-CP.
- Fine from VND 5,000,000 to VND 8,000,000 for the act of submitting tax declarations within the prescribed time limit from 31 days to 60 days.
- Fine from VND 8,000,000 to VND 15,000,000 for one of the following acts:
+ Submit tax declaration documents within the prescribed time limit from 61 days to 90 days;
+ Submit tax declaration documents within the prescribed deadline of 91 days or more but do not incur the tax payable;
+ Failure to submit tax declaration documents but not incurring tax payable;
+ Not submitting appendices according to regulations on tax management for enterprises with associated transactions with the corporate income tax settlement dossier.
- Remedial measures:
+ Forced to pay the full amount of late tax payment to the state budget for violations of the provisions of Clauses 1, 2, 3, 4 and 5, Article 13 of Decree 125/2020/ND-CP in case the taxpayer is late in submitting tax declarations, leading to late tax payment;
+ Forced to submit tax declaration documents, appendices attached to tax declaration documents for the acts specified in Point c, d, Clause 4, Article 13 of Decree 125/2020/ND-CP.
