Question:
Our company needs assistance with the following issue: Our company temporarily suspended operations from 28/10/2018 to 27/10/2019 and continued the temporary suspension from 28/10/2019 to 27/10/2020 (that is, continuous suspension for 2 years). Does the company have to submit a tax settlement declaration for the year 2019?”
Answer:
Based on Point d, Clause 1, Article 10 of Circular No. 156/2013/TT-BTC dated 06/11/2013 issued by the Ministry of Finance on the implementation of certain provisions of the Tax Administration Law regarding tax calculation and declaration.
Based on Article 21 of Circular No. 95/2016/TT-BTC dated 28/6/2016 issued by the Ministry of Finance, which provides guidance on tax registration and specifies tax registration when temporarily ceasing business operations.
According to the above regulations:
Taxpayers who temporarily suspend business operations and do not incur any tax obligations are not required to submit tax declaration documents for the period of temporary cessation. In the case of the company’s full-year temporary suspension in 2019, the company is not required to submit a tax settlement declaration for the year 2019.
When temporarily ceasing business operations, the company must provide written notification using the provided template form 23.
