Official Letter No. 399/TCT-QLN Regarding the Calculation of Late Payment Tax

 

MINISTRY OF FINANCE GENERAL DEPARTMENT OF TAXATION _____________ No: 399/TCT-QLN Regarding the Calculation of Late Payment Tax

SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ________________________ Hanoi, January 23, 2025

 

 

To: Tax Department of Vinh Phuc Province

The General Department of Taxation has received the document No. 2761/CTVPH-QLN dated November 22, 2024, from the Tax Department of Vinh Phuc Province regarding the calculation of late payment tax for taxpayers with allocated tax obligations. On this matter, the General Department of Taxation provides the following comments:

- Point k2, Clause 1, Article 5 of Circular No. 80/2021/TT-BTC dated September 29, 2021, of the Ministry of Finance regulates the responsibility of tax authorities in direct management of taxes;

- Article 25 of Circular No. 80/2021/TT-BTC dated September 29, 2021, of the Ministry of Finance regulates the handling of tax amounts, late payment interest, and excess payment penalties;

- Article 42 of Circular No. 80/2021/TT-BTC dated September 29, 2021, of the Ministry of Finance regulates the procedure for refunding excess payments.

Based on the above regulations, the directly managing tax authorities are responsible for calculating late payment interest and adjusting the late payment interest for the entire amount of tax to be paid by the taxpayer (including the tax payable in the allocated area). The Tax Department of Vinh Phuc Province is requested to review the actual file of the taxpayer, check specific documents, and accurately determine the total tax payable and already paid (including the tax payable and already paid in the allocated area) and apply the late payment interest or adjust the late payment interest according to the regulations.

In cases where the taxpayer has paid late payment interest to the wrong tax authority, resulting in an overpayment and late payment interest owed at different locations, the taxpayer should submit a request for a refund and offset the amounts according to the provisions of Article 42 of Circular No. 80/2021/TT-BTC.

The General Department of Taxation notifies the Tax Department of Vinh Phuc Province for their information and implementation.

Recipients: As above; Deputy Director General Dang Ngoc Minh (for reporting); Department of PC, CS, KK – TCT; TCT Website; Stored: VT, QLN (2b).

On behalf of the GENERAL DIRECTOR Deputy Director of Debt and Taxpayer Management Department         Đo Thi Hong Minh

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