Process of tax debt remission for individuals and business households

VCN –The Draft Circular on application,process and procedures for debt settlement under Resolution No. 94/2019/ QH14 clearly stipulates the process and procedures of remission of late payment fines and late payment interestfor individuals and business households.    

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process of tax debt remission for individuals and business households
Process of tax debt remission for individuals and business households is specified. Photo: Thuy Linh

According to the draft circular, if the taxpayer is an individual, a business individual, a household, or a business household eligible for debt write-off, the tax authority that prepares a dossier for debt remission must clearly state the basis for debt remission for the taxpayer and send it to the superior agency.

Specifically, for the application prepared by the tax branch or customs branch, based on each taxpayer eligible for debt write-offthe tax branch or customs branch shall prepare a complete application for the debt remission as prescribed, then send it to the Tax Department or Customs Department.

If the taxpayer is not subject todebt remission, the Tax Department or Customs Department will have to notify the tax branch or customs branch.

If the taxpayer is subject to debt remission but the application is not legal, the Tax Department or Customs Department will have to notify the tax branch or customs branch of the supplementation.

The Circular also states that if the taxpayer is subject to the debt remission andtheapplication is legal, the Tax Department or Customs Department evaluates the application, makes a written request for debt write-off, and drafts a decision on debt write-off attached to the application to send it to provincial-level People's Committees for consideration of the debt remission.

The draft circular also stipulates that, for the application prepared by the Tax Department or Customs Department, the officer of the debt management unit shall make a complete applicationfor debt remission and submit it to the leader of the debt management unit for consideration and approval and then transfer the application to the legal division for appraisal of the debt remission application.

If the taxpayer is subject to debt remission and the application is legal, the Tax Department or Customs Department shall make a written request for debt write-off, draft a debt removal decision enclosed with the application, and send it to the provincial People's Committee for consideration of debt remission.

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The draft stated that the decision on debt write-off includes following main contents: date of issue, name, address and tax code of the taxpayer; name, number, date of issue, issuing authority of identity card or passport or other lawful personal identification papers of the taxpayer as an individual, business individual, representative of household, business household owner, private enterprise owner and one member limited liability company owner; late payment fines and late payment interests subject to debt remission; signature and seal of person and agency issuing the decision.

Thuy Linh/ Huyen Trang

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