If an enterprise declares bankruptcy and has made payments but no longer has assets, can its tax debt be written off? no?

Can a business declaring bankruptcy that has made payments but no longer have any assets have its tax debt written off?

Can an enterprise declaring bankruptcy that has made payments but no longer have any assets have its tax debt written off, based on Clause 1, Article 85 of the 2019 Tax Administration Law, which stipulates:

Cases of tax debt, late payment interest, and fines being written off

1. Enterprises and cooperatives declared bankrupt have made payments according to the provisions of bankruptcy law but have no assets left to pay taxes, late payment interest, or fines.

2. Individuals who have died or have been declared dead or incapacitated by the Court and have no assets, including inherited assets, to pay taxes, late payment interest, and outstanding fines.

3. Tax debts, late payment interest, and fines of taxpayers that do not fall into the cases specified in Clauses 1 and 2 of this Article for which the tax administration has applied enforcement measures specified in Point g, Clause 1, Article 125 of this Law and these tax debts, late payment interests, and fines that are more than 10 years old from the date of expiry of the tax payment deadline but cannot be recovered.Taxpayers who are individuals, business individuals, household owners, business household owners, private enterprise owners and single-member limited liability companies whose tax debt, late payment interest, and fines have been forgiven as prescribed in this Clause before returning to production or business or establishing a new production or business establishment must repay the cleared tax debt, late payment interest, and fines to the State.

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According to regulations, enterprises and cooperatives declared bankrupt that have made payments according to the provisions of bankruptcy law but no longer have assets to pay taxes, late payment interest, or fines will have their tax debt, late payment interest, and fines forgiven.

Accordingly, in case an enterprise declares bankruptcy and has made payments according to the provisions of bankruptcy law but has no assets left to pay taxes, the tax debt will be written off.

What is the application file for tax debt forgiveness for a business that declares bankruptcy and has no assets left to pay taxes?

Dossier requesting forgiveness of tax debt for an enterprise declaring bankruptcy and no longer having assets to pay taxes, based on point a, clause 2, Article 65 of Circular 80/2021/TT-BTC, for the case of an enterprise declared bankrupt specified in Clause 1, Article 85 of the Law on Tax Administration 2019, the application dossier includes:

+ Written request according to form No. 01/XOANO issued with Appendix I of this Circular

+ Decision declaring enterprise bankruptcy (original or copy certified by the tax authority);

+ Asset division documents of the executor showing the amount of recoverable or unrecoverable tax debt (original or copy certified by the tax authority);

+ Decision on suspension of execution of the decision declaring bankruptcy of the civil judgment enforcement agency (original or copy certified by the tax authority);

+ Notice of tax debt at the time of request for debt cancellation (original or copy certified by the tax authority).

Which agency has the authority to write off tax debt for businesses declaring bankruptcy?

What agency has the authority to write off tax debt for businesses declaring bankruptcy, based on point a, clause 1, Article 87 of the Law on Tax Administration 2019 stipulating:

Authority to write off tax debt, late payment interest, and money penalty

1. The Chairman of the Provincial People’s Committee shall decide to cancel tax debt, late payment interest, and fines for the following cases:

a) Cases specified in Clauses 1 and 2, Article 85 of this Law;

b) Households, business households, business individuals, and individuals specified in Clause 3, Article 85 of the Law this;

c) Enterprises and cooperatives in the cases specified in Clause 3, Article 85 of this Law have tax debt, late payment interest, and fines of less than 5,000,000,000 VND.

2. The Director General of the General Department of Taxation and the General Director of the General Department of Customs decide to write off debts for enterprises and cooperatives in the cases specified in Clause 3, Article 85 of this Law that owe tax, late payment interest, and fines from 5,000,000,000 VND to under 10,000,000,000 VND.

3. The Minister of Finance decides to write off debts for enterprises and cooperatives in the cases specified in Clause 3, Article 85 of this Law that owe taxes, late payment interest, and fines from 10,000,000,000 VND to under 15,000,000,000 VND.

Accordingly, in case an enterprise declares bankruptcy and has made payments according to bankruptcy regulations but has no assets left to pay taxes, the Chairman of the Provincial People’s Committee will decide to write off the tax debt.