Procedures for installment payment of tax owed to the Customs Department
- April 19, 2023
Procedure name | Procedures for installment payment of tax owed to the Customs Department |
Decision issued | Decision No. 2065/QD-BTC dated October 6, 2022 |
How to perform | + Submit application for gradual payment of tax debt directly at the Customs Department headquarters. mandarin;
+ Send application for gradual tax payment by post. + Submit tax payment application via electronic systemuh (if any). |
Resolution deadline | In case the dossier is complete, within two working days, the Customs Department qThe tax authority must have a written approval or disapproval of the gradual payment of tax arrears to inform the taxpayer. |
Implementation object | Taxpayers. |
Implementing agencies | a) Competent authority for decision: Department ofliveCustoms office where the taxpayer still owes tax.
b) Authorized agency or person committee authority or delegation of authority (if any): c) Agency directly performing administrative procedures: Customs Department where the taxpayer still owes tax. d) Coordinating agency (if any): Credit institution |
Result | Notice of approval/disapproval of gradual payment of tax debt or request for additional documents. |
Fees and charges | Do not have |
Requires implementation conditions | Cases that meet the conditions specified in Clause 1 and Clause 2, Article 39 of Decree No. 83/2013/ND-CP dated July 22, 2013 of the Government shall be allowed to pay tax arrears gradually within a maximum of 12 months from the date of payment.ahtahu of the tax enforcement period:
+ Taxpayers owe taxes for more than 90 days from the tax payment deadline, tax payment extension deadline, deadline stated in the tax assessment decision and tax handling document of the competent authority that the competent authority has not yet received.herThe authority has issued a decision to enforce the implementation of tax administrative decisions in the field of taxation.heri care but noher ability to pay all taxes owed in one yearahn then be allowed to pay tax debt gradually within the maximum period. Da not more than 12 months from date bahtahu of the time limit for compulsory enforcement of tax administrative decisions if there is a guarantee from a credit institution according to the provisions of law on tax.oh tax debt proposed to be paidahn and commit to the progress of gradually paying tax arrears and late payment fees to the state budget. + Taxpayers must commit to equally dividing the debt.eh pay taxes monthly. + For exported and imported goods, in addition to the above conditions, taxpayers must pay the full tax amount of the shipment undergoing customs procedures. qbefore customs clearance or release of goods or must have ahero guarantee of credit institutions. + During the period of gradually paying tax arrears, taxpayers must still pay late payment interest at the rate of 0.03% per day on the amount of late tax; Taxpayers are responsible for paying the full amount of tax,ehn late paymentah commit. + In case the taxpayer violates the commitment on the progress of gradually paying tax arrears and late payment fees, the guarantor organization is responsible for paying on behalf of the taxpayer, including tax arrears and late payment fees. |
Legal grounds | + Clause 25, Article 1 of the Law amending and supplementing a number of Articles of the Law on Tax Administration No. 21/2012/QH13;
+ Article 39 of the DecreePoopDecree No. 83/2013/ND-CP dated July 22, 2013 of the Government detailing the implementation of a number of articles of the Law on Tax Administration and the Law amending and supplementing a number of articles of the Law on Tax Administration; + Clause 7, Article 5 of Decree 12/2015/ND-CP dated February 12, 2015 detailing the implementation of the Law amending and supplementing a number of articles of the Laws on tax anduha ddrivei, supplementing a number of articles of the Decrees on tax. + Clause 3, Article 3 of Decree 100/2016/ND-CP details and guides the implementation of a number of articles of the Law amending and supplementing a number of articles of the Law on VAT, the Law on Special Consumption Tax and the Law on Tax Administration. + Article 134 of Circular No. 38/2015/TT-BTC dated March 25, 2015 of the Ministry of Finance regulating customs procedures quan; kiehm pa, monitoringheri quan; collectexport tax, import taxThe provisions on tax administration and tax management for exported and imported goods are amended and supplemented in Clause 67, Article 1 of Circular 39/2018/TT-BTC. |
The order of execution | – Step 1: Taxpayers eligible to pay tax in installments prepare and submit documents to the Customs Department with the authority to resolve the payment of tax arrears.
– Step 2: The Customs Department is responsible for receiving, checking the documents and notifying the results.fruit let taxpayers know about the possibility of paying tax arrears in installments/not being able to pay tax arrears in installments. |
Profile components | + Official dispatch requesting gradual payment of tax arrears sent to the competent Customs Department according to form No. 30/CVNDTT/TXNK Appendix VI issued with Circular No. 39/2018/TT-BTC dated June 15, 2018 of the Ministry of Finance (01 original);
+ The letter of guarantee from a credit institution for the amount of tax debt to be paid in installments shall comply with the provisions of Article 43 of Circular 38/2015/TT-BTC dated March 25, 2015, amended and supplemented by Circular 39/2018/TT-BTC dated June 5, 2018 of the Ministry of Finance for the case of a paper letter of guarantee (01 original). In the case of an electronic guarantee, this document does not need to be submitted. |
Number of records | 01 set |
Name of the declaration form | Official dispatch requesting gradual tax payment of taxpayers according to form No. 30/CVNDTT/TXNK Appendix VI issued with Circular 39/2018/TT-BTC dated June 5, 2018 of the Ministry of Finance. |
Attachments | mauC02.docx |
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