What does the 2024 CIT declaration include? What is the deadline for submitting the 2024 CIT declaration?

1. What does the 2024 CIT declaration include?

Pursuant to the provisions of the Law on Tax Administration 2019, Circular 80/2021/TT-BTC regulates the CIT declaration as follows:

(1) Corporate income tax declaration dossiers for real estate transfer activities, corporate income tax declaration from the entire sale of a one-member limited liability company owned by an organization in the form of transfer of capital attached to real estate according to the time it arises:

– Corporate income tax declaration according to form No. 02/TNDN issued with Appendix II Circular 80/2021/TT-BTC applied to: Real estate transfer activities;

– Corporate income tax declaration according to form No. 06/TNDN issued with appendix II Circular 80/2021/TT-BTC applies to activities of selling the entire one-member limited liability company owned by an organization in the form of transferring capital associated with real estate product.

(2) Taxpayer’s corporate income tax declaration dossier calculated as a percentage of revenue:

– Tax declaration dossier for each time it arises:

Corporate income tax declaration according to form No. 04/TNDN issued with appendix II Circular 80/2021/TT-BTC.

– Final settlement dossier tax by year:

+ Corporate income tax declaration according to form No. 04/TNDN issued with Appendix II Circular No. 80/2021/TT-BTC.

+ Annual financial statements or Financial statements up to the time of decision on dissolution, bankruptcy, termination of operations or reorganization of the enterprise according to the provisions of law on accounting and law on auditing independent (except in cases where financial statements are not required to be prepared according to regulations).

(3) Corporate income tax declaration dossier for capital transfer activities of foreign contractors:

– Corporate income tax declaration according to form No. 05/TNDN issued with appendix II Circular 80/2021/TT-BTC;

– Copy of transfer contract, Copy of capital contribution certificate, original documents of expenses (if any).

(4) The corporate income tax finalization declaration dossier for taxpayers with dependent units or business locations other than the province or city where the head office is located with income eligible for corporate income tax incentives includes one or several preferential appendixes on corporate income tax (depending on the actual arising of the taxpayer) as follows:

– Preferential appendix for income from new investment projects, income of the enterprise entitled to corporate income tax incentives according to form No. 03-3A/TNDN issued with appendix II Circular 80/2021/TT-BTC.

– Appendix of incentives for business establishments investing in expanding scale, increasing capacity, innovating production technology (expansion investment projects) according to form No. 03-3B/TNDN issued with appendix II Circular 80/2021/TT-BTC.

– Preferential appendix for enterprises employing ethnic minority workers or enterprises engaged in production, construction, and transportation activities that employ many female workers according to form No. 03-3C/TNDN issued with appendix II Circular 80/2021/TT-BTC.

– Preferential appendix for science and technology enterprises or enterprises carrying out technology transfer in areas prioritized for transfer according to form No. 03-3D/TNDN issued with Appendix II Circular 80/2021/TT-BTC.

(5) Corporate income tax finalization declaration dossier according to the revenue – cost method:

– Corporate income tax finalization declaration (applied to the revenue – cost method) according to form No. 03/TNDN issued with appendix II Circular 80/2021/TT-BTC

– Annual financial report or Financial report up to the time of the settlement decision bankruptcy, termination of operations or reorganization of enterprises in accordance with the provisions of law on accounting and law on independent auditing (except in cases where financial statements are not required to be prepared as prescribed);

– One or several appendices attached to the declaration (depending on the actual situation of the taxpayer) issued with appendix II of the Circular 80/2021/TT-BTC:

+ Appendix of production and business activities results according to form No. 03-1A/TNDN or form No. 03-1B/TNDN or form No. 03-1C/TNDN issued with Appendix II Circular 80/2021/TT-BTC.

+ Loss transfer appendix according to form No. 03-2/TNDN issued with Appendix II of Circular 80/2021/TT-BTC.

+ Preferential appendix for income from new investment projects, income of businesses eligible for corporate income tax incentives according to form No. 03-3A/TNDN issued with Appendix II of the Circular 80/2021/TT-BTC.

+ Preferential appendix for business establishments investing in expanding scale, increasing capacity, innovating production technology (expansion investment projects) according to form No. 03-3B/TNDN issued with appendix II of Circular 80/2021/TT-BTC.

+ Preferential appendix for Enterprises employing ethnic minority workers or enterprises engaged in production, construction, and transportation activities that employ many female workers according to form No. 03-3C/TNDN issued with Appendix II of Circular 80/2021/TT-BTC.

+ Preferential appendix for science and technology enterprises or enterprises carrying out technology transfer in fields prioritized for transfer according to form No. 03-3D/TNDN issued with Appendix II Circular 80/2021/TT-BTC.

+ Appendix of corporate income tax paid abroad according to form No. 03-4/TNDN issued with Appendix II Circular 80/2021/TT-BTC.

+ Appendix of corporate income tax for transfer activities real estate transfer according to form No. 03-5/TNDN issued with Appendix II Circular 80/2021/TT-BTC.

+ Appendix report on deduction and use of science and technology funds according to Form No. 03-6/TNDN issued with Appendix II Circular 80/2021/TT-BTC.

+ Appendix table of distribution Allocate the amount of corporate income tax payable to localities where the revenue for production facilities is enjoyed according to form 03-8/TNDN issued with appendix II Circular 80/2021/TT-BTC.

+ Appendix table of allocation of corporate income tax amounts payable to localities where the revenue is enjoyed for real estate transfer activities according to form 03-8A/TNDN issued with the appendix Appendix II Circular 80/2021/TT-BTC.

+ Appendix table of allocation of corporate income tax amounts payable to localities where revenue is enjoyed for hydropower production activities according to form 03-8B/TNDN issued with Appendix II Circular 80/2021/TT-BTC.

+ Appendix table of allocation of corporate income tax amounts payable to localities where revenue is enjoyed for computer lottery business activities according to form 03-8C/TNDN issued with Appendix II Circular 80/2021/TT-BTC.

+ Appendix list of documents for payment of temporarily paid corporate income tax for real estate transfer activities progress money not yet handed over during the year according to form 03-9/TNDN issued with appendix II Circular 80/2021/TT-BTC.

– In case the enterprise has an investment project abroad, in addition to the above documents, the enterprise must add: A photocopy of the overseas income tax declaration with confirmation from the taxpayer; A photocopy of a tax payment document in a foreign country with the taxpayer’s confirmation or an original confirmation by a foreign tax authority of the tax amount paid or a photocopy of a document of equivalent value with the taxpayer’s confirmation.

2. What is the deadline for submitting the CIT declaration?

Pursuant to Point a, Clause 2, Clause 3 and Clause 4, Article 44 of the Law on Tax Administration 2019, stipulates the deadline for submitting the 2024 CIT declaration as follows:

– The deadline for submitting the tax declaration for each time a tax liability arises: No later than the 10th day from the date tax obligations arise.

– Deadline for temporary tax payment by quarter: No later than the 30th day of the first month of the following quarter.

– Deadline for submitting annual tax finalization documents: No later than the last day of the 3rd month from the end of the calendar year or fiscal year.

– For finalization dossiers up to the time of dissolution or bankruptcy, Termination of operations, termination of contract or reorganization of the enterprise (except in cases of conversion of the type of enterprise excluding equitized state-owned enterprises where the converted enterprise inherits all tax obligations of the converted enterprise): No later than the 45th (forty-fifth) day from the date of decision on dissolution, bankruptcy, termination of operations or reorganization of the enterprise.

3. How to deal with tax declaration submission deadline that coincides with a holiday?

Pursuant to the provisions of Article 86 of Circular 80/2021/TT-BTC with the following content:

Tax declaration submission deadline and tax payment deadline

The deadline for submitting tax declaration documents is as prescribed in Clauses 1, 2, 3, 4, 5, Article 44 of the Law on Tax Administration and Article 10 of Decree No. 126/2020/ND-CP. The tax payment deadline is implemented according to the provisions of Clauses 1, 2, 3, Article 55 of the Law on Tax Administration and Article 18 of Decree No. 126/2020/ND-CP. In case the tax declaration submission deadline or tax payment deadline coincides with a prescribed holiday, the tax declaration submission deadline and tax payment deadline are calculated as the next working day of that holiday according to the provisions of the Civil Code.

Referring to Clause 5, Article 148 of the 2015 Civil Code, the provisions on the end of the time limit are as follows:

End of time limit term

…

5. When the last day of the deadline is a weekend or public holiday, the deadline ends at the end of the working day following that holiday.

Accordingly, in case the tax declaration submission deadline or tax payment deadline coincides with a prescribed holiday, the tax declaration submission deadline and tax payment deadline are calculated as the next working day of that holiday.

However, currently the declaration documents Most taxes are done online (electronic tax records), therefore according to the provisions of Article 8 Circular 19/2021/TT-BTC stated as follows:

How to determine the time for electronic tax filing, electronic tax payment of taxpayers and the time for tax authorities to send notices, decisions, documents to taxpayers

1. Time for submitting electronic tax documents and paying electronic taxes

a) Taxpayers can make electronic tax transactions 24 hours a day (from 00:00:00 to 23:59:59 hours) and 7 days a week, including holidays, holidays and New Year. The time the taxpayer submits the application is determined to be within the day if the application is successfully deposited between 00:00:00 and 23:59:59 of the day.

….

Thus, for electronic tax records, the regulations on tax declaration submission deadline in Article 44 of the Law on Tax Administration 2019 are still followed.