On Oct 30, 2022, the Government promulgated
Decree No.91/ND-CP amendments to some articles of the Government’s Decree
no.126/ND-CP dated october 19, 2020 elaborating the Law on Tax
administration.
Accordingly, amending and supplementing
regulations on corporate income tax temporarily paid in Decree 126/2020/ND-CP
as follows:
- The total amount of provisional corporate income
tax paid in 04 quarters shall be at least 80% of the corporate income tax
payable under the annual tax finalization dossier (According to Decree
126/ND/CP, the total amount of provisional corporate income tax paid in the
first 03 quarters of the year shall be at least 75% of the terminal tax)
. If the provisional corporate income tax of 04 quarters is underpaid, late
payment interest shall be charged on the tax arrears over the period from the
date succeeding the deadline for paying provisional corporate income tax of the
fourth quarter to the date preceding the day on which tax arrears are paid to
state budget.
Taxpayers that have to
prepare quarterly financial statements under accounting laws shall calculate
provisional corporate income tax quarterly according to the quarterly financial
statements and tax laws.
Taxpayers that are not
required to prepare quarter financial statements under accounting laws shall
calculate provisional corporate income tax quarterly according to their
quarterly business performance and tax laws.
- The temporary payment of corporate income tax shall be applied from the
tax period of 2021 as follows:
+ As of October 30, 2022,
if the provisional tax paid by the taxpayer in the first 03 quarters of 2021 is
not smaller than 75% of the tax payable under the annual finalization dossier,
regulations of Clauses 3, 4, 5 Article 1 of this Decree on the minimum ratio of
provisional corporate income tax of 04 quarters shall not apply.
+ As of October 30, 2022,
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 specified in Clauses 3, 4, 5
Article 1 of this Decree may be applied if it does not lead to an increase in late
payment interest.
This Decree comes into force from Oct 30, 2022. 
NĐ 91.2022.pdf
Department of Enterprise
Management.