On July 14, 2020, the General Department of Taxation has just issued Official Letter 2835 / TCT-TTKT guiding the implementation of Decree No. 68/2020 / ND-CP for the tax finalization period of 2019 and retroactive handling. for 2017 and 2018.
Accordingly, for enterprises that have declared tax finalization in 2019, additional declaration documents; In cases where the declaration period has not yet been reached, the provisions amending and supplementing in Decree 68 shall apply.
The document clearly stating that the retrospective handling of controlled interest expenses under Clause 3, Article 8 of Decree 20 for 2017 and 2018 is only applicable to the provisions of Point a, Clause 3, Article 8 of Decree 20. is amended and supplemented in Article 1 of Decree 68; Does not apply retroactively to the amendment and supplementation of the provisions at Point b (forwarding expenses) and Point c (extending the subject of exemption) in Decree 68.
In addition, when recalculating corporate income tax for 2017 and 2018 according to Decree 68, if the CIT amount is reduced, the amount of late payment will be reduced accordingly. Specifically, if the difference has not been inspected and the corresponding late payment has been cleared against the 2020 tax amount, if 2020 is not enough to offset it, it will be offset against the 5-year payable tax amount. next since 2020.
In case there are conclusions and decisions after inspection and examination, the taxpayer shall request the tax agency to re-determine the payable tax amount for clearing based on the consideration of documents of the enterprise and the record of the inspection team check.
Tax payable shall be re-determined at tax authorities ‘offices, no re-inspection at taxpayers’ offices, and no adjustment to the 2017 and 2018 inspection conclusions and decisions. tax administrative penalties, or being resolved according to the order of complaints, no adjustment of fines for tax administrative violations.