Decree No. 91/2021/ND-CP dated October 30th, 2022 of the Government on amendments to some Articles of the Government’s Decree No. 126/2020/ND-CP dated October 19, 2020 elaborating the Law on Tax Administration

This Decree amends, supplements some provisions relating to tax declaration, tax payment as prescribed at Decree No. 126/2020/ND-CP .

Notably, regarding corporate income tax (CIT), this Decree amends the regulation on the minimum ratio of the total amount of provisional CIT paid in the first 03 quarters of a year which shall be at least 75% of the annual tax finalization prescribed at point b clause 6 Article 8 of Decree No. 126/2020/ND-CP . Accordingly, the total amount of provisional CIT paid in 04 quarters shall be at least 80% of the CIT payable under the annual tax finalization dossier.

This amended regulation shall be applied from the tax period of 2021 according to the following principles: By the effective date of Decree No. 91/2022/ND-CP (October 30th, 2022), if the provisional tax paid by a taxpayer in the first 03 quarters of 2021 is not smaller than 75% of the tax payable under the annual finalization dossier, the new minimum ratio of provisional CIT shall not be applied. In contrast, if the provisional tax paid by the taxpayer in the first 03 quarters of 2021 is smaller than 75% of the tax payable under the annual finalization dossier, the minimum ratio of provisional tax of 04 quarters which is at least 80% of the CIT payable under the annual tax finalization dossier shall be applied.

In case late payment interest has been charged by competent authorities and the late payment interest is reduced when the minimum ratio of provisional tax of 04 quarters is applied, the taxpayer may submit a written request for late payment interest reduction according to Form No. 01/GTCN in the Appendix enclosed with this Decree to tax authorities.

Regarding personal income tax (PIT) this Decree supplements the regulation on exemption from submission of monthly/quarterly PIT accounting dossier if PIT has not been deducted in the same month/quarter.

Regarding invoice, this Decree replaces the Form of notice of invoice suspension (Form No. 04-1/CC in Appendix III enclosed with Decree No. 126/2020/ND-CP ) .

This Decree takes effect from the date of its singing.