According to current regulations, there are laws to link the Department of Planning and Investment with State agencies related to taxes for businesses. However, when a newly established company still has many procedures that the person carrying out tax declaration procedures for newly established companies needs to carry out carefully, even between tax declarations there will still be questions. difference exists. The article below provides information about important business laws that Viet My readers need to pay attention to when carrying out tax declaration procedures for newly established companies.

1. Concept of tax declaration for newly established companies

Tax declaration is something in which taxpayers will have to present data along with documents related to tax obligations to the tax authority. Taxpayers must be responsible for accurately declaring all tax information of the company according to the prescribed form. Currently, the State has opened a government page to help businesses choose to declare taxes via the internet.

2. Request for the implementation of the initial tax return registration procedure

After the enterprise is issued a business registration certificate, within the next 30 business days, it will have to do the following:

• To hang the company/enterprise sign at the address stated on the State-approved business registration certificate
• Bank account registration, digital signature purchase (CA-Token Key) this is used for online tax payment registration
• Tax declaration and payment of business cards.
• Registration of wage labor reports to the Department of Labor, War Invalids and Social Affairs
• Employee registration and insurance for employees working at the enterprise
• Order invoice printing or purchase invoice printing software or purchase invoice from tax agency for use

3. Procedures for implementing tax declaration procedures for newly established companies

Procedures for newly established companies take place in the following order:

3.1. Tax declaration documents for newly established companies

Documents for newly established company tax declaration procedures will include the following documents:

• Registration form for accounting and using enterprise invoices.
• Decision to appoint an accountant (in this case, the enterprise already has a chief accountant).
• Decision to appoint General Director or Director for the enterprise.
• Registration form for fixed asset depreciation method (in case the enterprise already has fixed assets).
• Enterprise information registration form.
• License fee declaration form.
• Business registration certificate issued by the State.
• Power of attorney (in this case, the individual is the legal entity representing the business to submit the application).

3.2. Tax declaration procedures for newly established companies

Step 1: Enterprise opens a bank account and purchases a digital signature

Businesses must open a bank account and purchase a business-specific digital signature immediately after being granted a business license. Submitting electronic tax declarations or paying taxes electronically to the State Tax Department also requires a digital signature and a bank account to be used for electronic declaration.

To open a bank account, the company’s accountant can directly contact the bank that the business chooses to work with. After being provided with an account by the bank, businesses need to continue registering a bank account with the Department of Planning and Investment or also through the official State website within about 10 days.

Note: Businesses will be fined if they exceed the deadline and have not yet registered a bank account.

Step 2: Must declare and pay license fee

To declare license fees, the enterprise’s accountant can use software to support the declaration and export the XML declaration and then submit the declaration online. Along with that, businesses need to pay the license fee immediately after the license tax declaration is notified of successful submission to avoid the situation where the business will pay late and then be fined.

On the other hand, businesses also need to pay attention to the State’s regulations on the deadline for paying license fees (no later than the last day of the first month when the business officially begins business operations). Businesses need to pay attention to declaring and paying license fees on time to avoid penalties.

Step 3: Choose the appropriate method to declare value added tax, personal income tax and invoices

There are two methods of declaring personal income tax allowed by law: direct and indirect methods, which are suitable for two monthly or quarterly declaration periods.

Normally when a new business is established, the company owner will choose to declare quarterly. The payment deadline for corporate value-added tax is the 30th day of the first month in the following quarter.

Regarding invoice declaration, immediately after successful registration and the business is provided with an invoice, that company needs to notify the issuance of that invoice before using it (if it is an electronic invoice). In case the company does not have an issuance notice and the business arbitrarily uses electronic invoices, it will be fined in accordance with State regulations.

If the business uses direct declaration invoices or sales invoices, the accountant can go to the Enterprise Management Tax Department to complete purchasing procedures.

Note: Businesses are not required to personally submit personal income tax returns. Accountants can rely on the results as well as business statistics to temporarily calculate and submit to the Tax Department when the enterprise’s business activities are profitable.

Step 4: Proceed to choose the form of accounting and depreciation of fixed assets

– Circular No. 45/2013/TT-BTC has detailed regulations as follows:

“Article 13. Method of depreciation of fixed assets:

3. Enterprises can decide for themselves the method and time of depreciation of fixed assets according to the provisions of this Circular and notify the direct tax authorities before starting implementation.”

It can be understood that businesses need to notify tax authorities for direct management before starting to depreciate fixed assets. Besides, to determine the appropriate form of accounting regime, it is necessary to rely on the scale of business activities of that enterprise:

• For enterprises with large business scale, the law will apply according to the accounting regime in Circular 200/2014/TT-BTC.
• For enterprises with very small, small and medium-sized businesses, the law will apply according to the accounting regime based on Circular 133/2016/TT-BTC.

4. Competent authority collects tax declaration documents for businesses

The tax department in the districts where the business is headquartered will be the location that the tax agency directly manages. This agency will be specifically recorded in the notice sent to the enterprise by the tax management agency.

The Department of Planning and Investment will send the enterprise a notice along with a business license after the enterprise completes the processes and procedures for establishing the enterprise.

One thing to note is that businesses should complete initial tax declaration procedures and documents as soon as possible.

5. Time to make tax declaration for newly established companies

If an enterprise conducts business activities immediately after the company receives a business license, the deadline for that enterprise to submit the initial tax declaration is the last day of the month recorded on the business license. granted.

However, if the business has received a business license but the company has not officially started operating immediately, the initial tax filing deadline for that business will be 30 days from the date of receipt. from the date recorded on the business license.

6. Frequently asked questions about tax declaration procedures for newly established companies

6.1. Do newly established businesses that have not yet incurred taxes have to report taxes?

According to Circular 156/2013/TT-BTC, organizations will have to pay income if personal income tax is not deducted monthly or quarterly, then it is not necessary to declare tax. Accordingly, the new regulations in Decree 126/2020/ND-CP also detail that in some articles of the Law on Tax Administration, organizations and individuals will have to pay income that does not incur deductions. Personal income tax on a monthly or quarterly basis is not required to declare tax.

Also according to other developments, businesses whose business activities are subject to value-added tax, including newly established businesses or businesses that have not or do not have additional trading activities. New businesses do not have to submit value added tax reports if:

• The company has business activities that are not subject to tax.
• Or that enterprise has export processing and only export activities.

6.2. According to current law, why do businesses have to submit tax declarations?

Pursuant to Article 7 of Decree 126/2020/ND-CP, the State issued regulations guiding the Law on Tax Management and also stipulated that businesses will have to declare tax declarations in accordance with the prescribed form of the Government. The financial.

Along with that, this unit will be responsible before the law for the accuracy, truthfulness, and completeness of all content in tax declarations, lists (if any) or even appendices… Enterprises must submit all documents and vouchers clearly specified in the tax declaration dossier to the Tax authority.

Thus, it can be seen that all businesses (regardless of operating time) submit declarations, which is considered a legal regulation so that competent state agencies can easily manage their production activities. doing business and helping to prevent, detect and punish tax evasion and false declaration.

6.3. In what forms will newly established businesses submit declarations?

There are 2 forms of filing business declarations that can be submitted at the following places:

• Submit the declaration directly at the State Tax Agency
• Or you can also submit the declaration online at the website of the General Department of Taxation

6.4. Are there any other types of fees and taxes that businesses need to pay?

Depending on each industry and business field, businesses must pay such as Natural Resources Tax, Special Consumption Tax, Non-Agricultural Land Use Tax,…

6.5. What should you keep in mind when declaring taxes for a newly established company?

Enterprises should prepare and submit the following documents so that their initial application set is complete.

• Enterprises submit a declaration to register information for using electronic invoices (submit 02 copies and submit them to the tax department).
• Enterprises submit the license fee declaration online in advance using a digital signature (online submission).
• Enterprises pay license fees via bank accounts (electronic tax payment).

Below is information about Tax declaration procedures for newly established companies that we have provided. VIET MY LAW AND ACCOUNTING is committed to providing useful legal knowledge to help you better understand this process. We hope this information will assist you in the process of establishing and managing your company.