Procedures for forgiveness of tax and fine arrears (according to Circular 77/2008/TT-BTC dated September 15, 2008 guiding the implementation of a number of measures to handle tax arrears and Circular No. 24/2012/TT -BTC dated 17/02/2012 amending and supplementing Circular No. 77/2008/TT-BTC)
- April 24, 2023
Procedure name | Procedures for forgiveness of tax and fine arrears (according to Circular 77/2008/TT-BTC dated September 15, 2008 guiding the implementation of a number of measures to handle tax arrears and Circular No. 24/2012/TT -BTC dated 17/02/2012 amending and supplementing Circular No. 77/2008/TT-BTC) |
Decision issued | Decision 1172/QD-BTC dated May 11, 2012 |
How to perform | Submit documents directly at the customs office. |
Resolution deadline | – 03 working days from the date of receiving the dossier, the local Customs Department must notify the enterprise in writing of the contents that need to be amended and supplemented according to regulations. – 10 working days from the date of receiving complete documents according to regulations, the local Customs Department sends all documents and sends an official dispatch to the General Department of Customs proposing to handle tax debt and fine debt for businesses. |
Implementation object | Organization. |
Implementing agencies | – Deciding authority: Ministry of Finance.
– Competent agency or person authorized or decentralized to implement: General Department of Customs. – Agency directly implementing administrative procedures: Provincial and city Customs Department. – Coordinating agency: |
Result | Decision to write off debt for businesses. |
Fees and charges | Do not have |
Requires implementation conditions | – Tax debts and fine debts for shipments with customs declarations registered with customs authorities after October 15, 1998 through June 30, 2007, have not yet been paid to the state budget. – There are objective reasons due to policy changes or unclear guiding documents, specifically as follows: + New documents on tax policies (such as tax prices, tax rates) are issued after the registration date The declaration of imported goods is retroactive, so that if recalculated, the tax amount payable is lower than the tax amount notified to the enterprise by the customs authority. + Previous documents guiding the application of codes and tax prices issued by the customs authority were not clear, did not correspond to the reality of the goods or did not comply with the provisions of law on export tax and import tax, Then there will be another document instructing or adjusting it. Accordingly, if recalculated, the enterprise will have to collect tax arrears. |
Legal grounds | – Law on Tax Administration No. 78/2006/QH11 dated November 29, 2006;
– Circular No. 77/2008/TT-BTC dated September 15, 2008 of the Ministry of Finance guiding the implementation of a number of measures to handle tax debt; – Circular No. 24/2012/TT-BTC dated February 17, 2012 of the Ministry of Finance amending and supplementing Circular No. 77/2008/TT-BTC dated September 15, 2008 of the Ministry of Finance. |
The order of execution | – Step 1: The enterprise sends a dossier requesting tax and fine debt forgiveness to the Customs Department where customs procedures are carried out for the shipment with tax debt to check and confirm the authenticity of the dossier.
– Step 2: Based on the documents prepared by the enterprise, the Customs Department checks and compares them with regulations for processing. – Step 3: Based on documents and reports sent by the Provincial and City Customs Departments, the General Department of Customs checks and submits to the Ministry of Finance to make a decision to forgive debts for businesses. |
Profile components | – Official letter requesting forgiveness of tax debt and fines of the enterprise, clearly explaining the reason for requesting debt forgiveness, clearly stating the cause of incorrect calculation of tax payable, tax amount (fine) announced, amount Tax payable if calculated correctly, tax and fine amounts requested for debt forgiveness: Submit 01 original copy.
– Import and export goods declaration requesting tax debt forgiveness: Submit 01 copy stamped as true copy and signed by an authorized representative of the enterprise; – Tax notice from the customs office: Submit 01 copy stamped as true copy and signed by an authorized representative of the enterprise; – Tax arrears decision of the tax administration agency (if any): Submit 01 copy stamped as true copy and signature of an authorized representative of the enterprise; – Decision on penalty for late tax payment (if any): Submit 01 copy stamped as true copy and signed by an authorized representative of the enterprise; – Commercial contract: Submit 01 copy with a stamp of true copy and signature of an authorized representative of the enterprise; – Commercial invoice: Submit 01 copy with a stamp of true copy and signature of an authorized representative of the enterprise; – Certificate of inspection from the inspection agency (if any): Submit 01 copy with stamp of true copy and signature of an authorized representative of the enterprise; – A description of the characteristics, properties, and structure of the goods provided by the manufacturer (if any): Submit 01 copy stamped as a true copy and signed by an authorized representative of the business. |
Number of records | 01 set |
Name of the declaration form | |
Attachments |
SEN TRONG LOGISTICS LOGISTICS CO., LTD
Phone: (+84) 28-2218.7777 // (+84) 28-2219.7777
Website: https://whitelotuslogistics.com.vn
Email: sales777.whitelotus@whitelotuslogistics.com.vn
Contact: Ms. Tran Thi Thuy Trang – CEO
Hotline: (+84) 903.712.368
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