Procedures for handling tax debt for insolvent taxpayers

VCN –The draft Circular regulating procedures and orders for handling debts under Resolution No. 94/2019 / QH14 providing tax debt relief and cancellation of late payment fines and interest for insolvent taxpayers.
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procedures for handling tax debt for insolvent taxpayers
Procedures for handling tax debts for insolvent taxpayers are specified. Photo Thuy Linh

The draft circular stipulates that in case the taxpayer issues a dissolution decision and sends it to the tax agency or the business registration agency for dissolution, the procedures must include a notice from the business registration agency on the situation that the taxpayer is in the dissolution process on the national information system on enterprise registration.

In case there is no notice from the business registration agency about the situation that the taxpayer is inthe dissolution process on the national information system on enterprise registration, the taxpayer must submit a written certification issued by the business registration agency or acompetent agency in charge of granting establishment and operation licenses or a competent agency in charge of granting practice licenses about the situation that the taxpayer is in the dissolution process and has a dissolution decision.

In addition, a notice of tax debts, fines and late payment interest or a written certification of tax payable, fines and late payment interest of taxpayers to June 30, 2020 issued by the tax administration agency is required.

In case the taxpayer is a branch or an affiliated unit, a representative office, or a business location, a written confirmation for the status that the taxpayer no longer operates at the registered address issued by the People's Committee of the commune, ward or township where the taxpayer’s business address is registered, is required. Tax agencies of the branch, the affiliated unit, the representative office and the business location shall work with the tax agencyof the head office to confirm the status of production and business activities of the head office.

The draft also provides for procedures for the taxpayer whohas applied for bankruptcy or has been forced to apply for bankruptcy. Accordingly, procedures must include a notice of the competent Court regarding the acceptance of the application for bankruptcy or the decision on bankruptcy or a court’s decision on bankruptcy announcement but the tax debts have not been written off in accordance with the Law on Tax Administration.

If the competent court has not yet accepted the bankruptcy application, there must an application for bankruptcy of the taxpayer or related persons as described by the law on bankruptcy.

In addition, the procedures for this case will include a notice of tax debts, fines and late payment interest or a written confirmation of tax payable, fines and late payment interest of the taxpayer to June 30, 2020 from the tax agency.

According to the draft circular, if the taxpayer is no longer doing business at the registered business address with the business registration agency and tax agency, the procedures also includes a written confirmation of the operation status of the taxpayer at the registered address between tax agencies and the local authority that the taxpayer no longer operates at the registered business address or contact address.

In case the taxpayer is an enterprise or organization, there must be a notice that the taxpayer does not operate at the registered address or a notice of abandoning business address from a tax agency.

In addition, a notice of tax debts, fines and late payment interest or a written confirmation of the tax payable, fines and late payment interest to June 30, 2020 of the tax agency is required.

If the taxpayer is a branch, an affiliated unit, a representative office, or a business location, a written confirmation for the status that the taxpayer no longer operates at the registered address issued by the People's Committee of the commune, ward or township where the taxpayer’s business address is registered, is required. Tax agencies of the branch, the affiliated unit, the representative offices or business location shall work with the tax agency of the head office to confirm the status of production and business activities of the head office.

Casessubject to tax debt write-off are also mentioned in the draft circular. That is the tax agency has sent a written request to the competent agency to revoke the certificate of business registration, certificate of enterprise registration, certificate of cooperative registration, certificate of business household registration, establishment and operation license, or practice license of the taxpayer or the competent agency has revoked the certificate of business registration, certificate of enterprise registration, certificate of cooperative registration, certificate of business household registration, establishment and operation license, or practice license of the taxpayer under the request of the tax agency.

Accordingly, for this case, the procedures for debt handling includes a written request from the tax agency to the competent agency on revocation of a decision by the competent agency on revocation of the certificate of business registration, certificate of enterprise registration, certificate of cooperative registration, certificate of business household registration, establishment and operation license, or practice license; a written certification by the People's Committee of the commune, ward or township where the taxpayer’s business address is registered, of the status that the taxpayer no longer does business and production at registered business address is required.

If the taxpayer is a branch, an affiliated unit, a representative office, or a business location, there must be a written certification by the People's Committee of the commune, ward or township where the taxpayer’s head office is registered, of the status that the taxpayer’s head office no longer operates at the registered address. Tax agencies of the branch, the affiliated unit, the representative office and the business location shall work with the tax agency of the head office to confirm the status of production and business activities of the head office.

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In addition, there must be a notice of tax debts, fines and late payment interest or a written confirmation tax payable, fines, interest of taxpayers to June 30, 2020 of the tax agency.

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