The level of penalties for late filing common accounting common

Filing taxes is one of the supposed top of the business. In the case of slow business filing will be subject to the penalties prescribed. The level penalties for late submission of the declaration are sanctions of tax administration agencies in order to help the business report of the operations of business in a timely fashion. So, the level of penalties is regulated like? Let's Accnet learn in the article below.

1. Penalties for late submission of the declaration

Pursuant to Decree 125/2020/ND-CP will have 2 forms of treatment penalties for late submission of the declaration as follows: Warning: Caution be applied for the violation of tax procedures bill, not serious, have extenuating circumstances and under these circumstances apply sanctions warning, as prescribed in this Decree.  Fines: A maximum fine of no more than 200,000,000 for taxpayers is the organization to implement the violations of tax procedures. A maximum fine not exceeding 100,000,000 for the taxpayer is personally made violations of tax procedures.

2. Principles penalties late submission of tax declarations

Sometimes because of some objective reasons and subjective that the delay in filing lead to administrative sanctions still often happens in the business. So, principle penalties for late submission of the declaration how? let's get to see the next article here.   For the case of the taxpayer's household, household business will apply the penalty amount as for individuals. When determining the rate for taxpayers violation just aggravating, just have extenuating circumstances shall be reduced aggravation by principles: An extenuating be reduced, an aggravation. The extenuating or aggravating circumstances have been used to determine the frame fines shall not be used when determining the amount of fines, in particular:

• When fined, the fines are specific to a violation of tax procedure is the average of the frame fines are prescribed for such violations.
• Case there are extenuating circumstances, each time is reduced by 10% of the fines average of the frame fines, but the fines for violations that are not unduly reduce the minimum of the frame fines.
• Case aggravating, each aggravating be charged the 10% increase fines average of the frame fines and the fines for acts that are not the maximum level of the frame fines.

For the case of organizations and individuals have acts of administrative violations shall be fined for each violation, except in the following cases:

• At the same time, the taxpayer filed slow much tax returns of many of the tax period, but the same colors, the taxpayer can only handle an error penalties for late submission of the declaration tax unframed fine of the highest among the violations and apply aggravation violated many times.

• Out of tax filing slow record, declaration of tax paid in the case of tax evasion, to separate, to sanction acts of tax evasion.

3. Have the level of penalties for late submission of the declaration do?

The level penalties for late submission of the declaration pursuant to Decree 125/2020/ND-CP issued on 19/10/2020.  

3.1 penalties late submission of tax declarations

To accurately determine the penalties for late submission of the declaration tax first business need identified his business was slowly filing tax reports how many days. Then, contrast with frame penalties and fines below.  Rules on the penalties for late payment of tax, as follows:

The number of days of business late payment	Penalties
Behavior for late payment of tax from 1 day to 5 days and there are extenuating circumstances.	Caution
Behavior slowly filing tax returns from 1 day to 30 days, except in the case of late filing of tax returns from 01 October to 05 October, and there are extenuating circumstances.	Fine 2.000.000 đ - 5.000.000 đ
Behavior filing tax deadline from 31 days to 60 days.	A fine of 5,000,000 vnd - 8,000,000 vnd
Behavior delay filing a tax return after the prescribed time limit from 61 days to 90 days. Behavior for late payment of tax from 91 days or more but not arising in tax payable. Case of not filing a tax return but has tax payable. Business case not to submit the appendix according to the regulations on tax administration have transaction link attached to the profile settlement CIT.	Fine 8.000.000 đ - 15.000.000 đ
Behavior delay filing a tax return with duration over 90 days from the expiration date of filing the declaration, there arises the amount of tax payable and the tax payer has to pay the full amount of the tax.	Fine 15,000,000 vnd - 25.000.000 đ

  Note: Level penalties for late submission of the declaration tax for organizations by 2 times the fine for individuals, households and businesses when the violation of the time limit for filing tax.

3.2 penalties late submission of reports on the use of bills

Pursuant to Article 29 Decree 125/2020/ND-CP then the penalties for late submission of the declaration report on the use of bills are specified as follows:

The number of days of business late payment	Penalties
Case filed notification and report about the bill past the time limit from 1 day to 5 days from the date of expiry of which there are extenuating circumstances.	Caution
To submit a notice, report on the bill past the time limit prescribed from 1 day to 10 days from the date of expiration of the time limit, except in the case on. Case of wrong settings or is insufficient content of the reports about the bill, according to the regulations.	VND 1,000,000 - 3,000,000 VND For the case of organizations and individuals to self-detect errors and restore alternative report and sent to the tax agency before the tax authorities, the agency has decision-making authority, the tax inspector, tax inspection, it is not sanctioned.
Submit reports, notices about bills past the time limit from 11 days to 20 days from the date of expiration of the time limit.	A fine of 2,000,000 vnd - 4.000.000 đ
To submit a notice, report on the bill too period from 21 days to 90 days from the date of expiration of the time limit.	Fine 4.000.000 đ - 8,000,000 vnd
To submit a notice, report on the bill too term of 91 days or more from the date of expiry of the prescribed Not submitted the notification, reports on bills sent tax authorities according to regulations.	A fine of 5,000,000 vnd - 15.000.000 đ

  Note:

• The violation of establishment, send notices, statements about the bill have been prescribed in Article 23, 25 Decree 125/2020/ND-CP shall not apply the provisions of sanctions for violation of regulations on the establishment, send notifications, report on the bill on.
• For acts up wrong or not full content of the notification, reporting on invoices sent to the tax agency and behaviors that do not submit the reports on bills sent to the tax agency, shall adopt remedial measures result: Tie set, send notices, statements about the bill.

4. Solutions for business

Below is the solution for businesses to overcome the delay filing a tax return for the tax agency, helping businesses avoid penalties for late submission of the declaration. Track the solution as soon as possible.

4.1 know the types of tax payable

According to the provisions of the Law on tax Administration, organizations and individuals must submit the type declaration according to the month or quarter include the following types:

• Sheet declaration of value added tax on a monthly or quarterly.
• Report on the use of bills on a quarterly basis.
• Report the amount of corporate INCOME tax advance on a quarterly basis.
• Sheet declaration of personal income tax on a monthly or quarterly.
• The report arises tax (if any).

4.2 understand the time limit for filing

The organizations and businesses in order to avoid cases of penalties for late submission of the declaration tax agency for management, then knowing the deadline for submission of the declaration is inevitable.   So, can synthesize calendar filing taxes as follows:

Declaration	By month	Quarterly	By year
Excise			30/1
Value added tax	January 20 following	Date last months of the quarter after
Personal income tax	January 20 following	Date last months of the quarter after
Corporate income tax		't have to submit a declaration that only pay the advance.Submit no later than July 30 months of the quarter after

4.3 The case is not sanctioned by the rules

Pursuant to Article 9 of Decree 125/ND-CP/2020 regulations on the case of no treatment penalties for late submission of the declaration as follows:

• Taxpayers slow implementation procedure tax bill electronic due to technical systems, information technology, will be notified on the electronic Portal of the tax authorities in case of violation due to causes of force majeure under Article 4 of the Law on handling of administrative violations.
• No sanction administrative violations and fines for taxpayers administrative violations due to follow the text guide the decision making process of the tax authority regarding content decide the tax obligations of taxpayers. Except in the case of an inspector to check tax at the taxpayer's premises has not detected any errors in the declaration, determine the amount of tax payable, tax exemption, reduction, refund but then discovered taxpayers are violations of administrative tax.
• Case wrong, the taxpayer has to declare additional tax and have to pay the amount of tax payable under the provisions before the tax agency announced the decision to the tax inspection, the tax inspector or prior to the time the tax authorities discovered not through inspections, tax or before competent authorities other findings.
• Individual case directly PIT finalization delay filing a tax return that there arises the amount of tax is complete; household, personal business is objects has been fixed tax under Article 51 of the Law on tax Administration.

4.4 application of the accounting software business management

Late submission of a tax return is an error quite common in Business when there are too many records to be submitted, the further the deadline for submission prescribed by each different profile, so accountants must keep in mind to avoid being late submission of the declaration to the tax authorities, leading to business is penalties for late submission of the declaration tax. To support the business in the implementation of tax obligations, now the accounting software for small business integrated automated features set the report, tax declaration, track the deadlines of each record declaration and special function to remind businesses to submit tax declaration according to the regulation. Accounting software AccNet help you manage business, especially the business about tax for the tax authority. Highlight features:

• Set up and install easily and quickly.
• Tracking and calendar reminders filing the declaration.
• Provide full bookkeeping according to TT 200 of the Ministry of finance.
• Automatically update the template declaration according to the latest regulations.
• Supported file a declaration and pay the tax directly to the tax authority through the software.
• Check valid before update.

This article has synthesized the rules on issue penalties for late submission of the declaration for the organization and the individual business. Hope the share on that can help you better understand the specified business tax. If you are interested in accounting software AccNet don't hesitate to contact hotline: 0901 555 063 to be supported advice immediately.