Proposing regulations on tax declaration, tax calculation, and tax deduction for business households and individuals

(Chinhphu.vn) - In the draft Law on Tax Administration, the Ministry of Finance proposed regulations on tax declaration, tax calculation, and tax deduction for business households and business individuals.

The Ministry of Finance proposes regulations on tax declaration, tax calculation, and tax deduction for business households and business individuals.

In Article 13 of the draft Law, the Ministry of Finance proposes regulations on tax declaration, tax calculation, and tax deduction for business households and business individuals.

The Ministry of Finance said that the content of this article is to implement the policy of abolishing the lump-sum tax form according to Resolution No. 68-NQ/TW, accordingly, business households and business individuals shall declare taxes according to each type of tax monthly, quarterly, yearly, each time tax obligations arise and when tax finalization. Tax authorities shall base on the management database to support business households and business individuals in declaring and calculating taxes.

Business households and business individuals shall base on their annual revenue from production and business activities to self-determine whether they are taxable or non-taxable in order to declare and calculate value added tax and personal income tax.

In case of self-determining that the annual revenue is not subject to tax according to the provisions of the law on tax, business households and business individuals must declare the actual revenue generated to the tax authority according to the provisions of the Government .

In case of determining that the annual revenue is subject to tax, business households and business individuals shall, based on the actual revenue generated, determine the tax calculation method, the amount of value added tax and personal income tax payable according to the provisions of law on value added tax and personal income tax.

For other taxes and other revenues payable to the state budget, business households and business individuals shall determine the amount of tax payable in accordance with the provisions of tax laws and relevant laws.

For households and individuals doing business on e-commerce platforms

In case of business activities on an e-commerce platform with payment functions, the organization managing the e-commerce platform (domestic or foreign) is responsible for deducting, declaring and paying the tax payable on behalf of business households and business individuals.

In case of business activities on e-commerce platforms without payment functions, business households and individuals shall directly declare, calculate and pay taxes according to regulations.

The Ministry of Finance proposes that the Government provide detailed regulations on this, including the method of calculating value added tax and personal income tax; records and procedures for declaring revenue, declaring taxes and paying taxes. The Ministry of Finance prescribes the accounting regime applicable to business households and individual businesses.

Fulfill tax obligations

Regarding the provisions related to the completion of tax obligations (in Article 17 of the draft Law), compared with the 2019 Law on Tax Administration, the draft Law proposes to supplement the following contents:

Regulations on cases where a change of head office address leads to a change of tax authority, except in cases where the change of administrative boundaries is prescribed by law, the taxpayer must carry out tax procedures with the direct tax authority before changing the address (in Clause 4, Article 17).

Regulations on the subjects of application of tax obligations before departure for individuals who are beneficial owners of enterprises subject to compulsory enforcement of administrative decisions on tax management; business individuals, business household owners, individuals who are legal representatives of enterprises, cooperatives, and cooperative unions that are no longer operating at the registered address (in Clause 5, Article 17).

Please read the full draft and give your comments here.

Wisdom

Source: https://baochinhphu.vn/de-xuat-quy-dinh-ve-khai-thue-tinh-thue-khau-tru-thue-doi-voi-ho-ca-nhan-kinh-doanh-102250826173207346.htm