What does the 2024 CIT declaration include?

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

Corporate income tax declaration documents for real estate transfer activities, corporate income tax declaration from the entire sale of a single-member limited liability company owned by an organization in the form of transfer of capital attached to real estate according to the occurrence:

Corporate income tax declaration according to form No. 02/TNDN issued with Appendix II of Circular 80/2021/TT-BTC applicable 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 LLC owned by an organization in the form of transfer of capital attached to real estate.

Taxpayer’s corporate income tax declaration dossier calculated by percentage of revenue:

– Tax declaration documents for each time it arises:

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

– Tax finalization declaration documents 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 the decision to dissolve, go bankrupt, terminate operations or reorganize the enterprise according to the provisions of the law on accounting and the law on independent auditing (except for cases where financial statements are not required to be prepared according to regulations).

Corporate income tax declaration dossiers for capital transfer activities of foreign contractors:

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

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

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 taxpayer’s actual situation) as follows:

Incentive 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 Circular 80/2021/TT-BTC.

Incentive 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 of Circular 80/2021/TT-BTC.

Dossier of corporate income tax finalization declaration according to the revenue – cost method:

Corporate income tax finalization declaration dossier (applicable to revenue – cost method) according to form No. 03/TNDN issued with Appendix II Circular 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 independent auditing (except for cases where financial statements are not required as prescribed);

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

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

Incentive 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 areas prioritized for transfer according to form No. 03-3D/TNDN issued with Appendix II of Circular 80/2021/TT-BTC.

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

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

Appendix table of distribution of corporate income tax amounts payable to localities where revenue is enjoyed by production establishments according to form 03-8/TNDN issued with Appendix II of Circular 80/2021/TT-BTC.

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

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

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

– In case an enterprise has an investment project abroad, in addition to the above documents, the enterprise must supplement: A copy of the overseas income tax declaration certified by 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.

What is the deadline for submitting corporate income tax declaration?

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

Time limit for submitting tax declaration documents for each time a tax liability arises: No later than the 10th day from the date the tax liability arises.

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 declaration: No later than the last day of the 3rd month from the end of the calendar year or fiscal year.

For settlement documents up to the time of dissolution, 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-five) day from the date of the decision to dissolve, bankrupt, terminate operations or reorganize the enterprise. Business.

What should I do if the tax declaration deadline falls on a holiday?

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

Time limit for submitting tax declarations and tax payment deadlines

Time limits for submitting tax declarations comply with the provisions of 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.

Refer to Clause 5, Article 148 of the 2015 Civil Code, which stipulates the end of the time limit as follows:

Term ends

…

5. When the last day of the term is a weekend or public holiday, the term 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, tax declarations are mostly done online (electronic tax records), so according to the provisions of Article 8 of Circular 19/2021/TT-BTC, it is stated as follows:

How to determine the time for electronic tax filing, electronic tax payment by taxpayers and the time for tax authorities to send notices, decisions, and 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 deadlines in Article 44 of the Law on Tax Administration 2019 are still followed.