Question:
Our company is finalizing the personal income tax (PIT) for the year 2019. The surplus amount after this settlement is not offset as usual, but our company wants to file a refund request to receive the excess tax back for our company. Afterward, I will reimburse the employees (as our company is about to cease operations). Can the tax department tell me how long it will take to resolve this and receive the excess amount from the tax department?
Answer:
Based on Article 33 of Circular No. 156/2013/TT-BTC dated November 6, 2013, issued by the Ministry of Finance, which guides the implementation of some provisions of the Law on Tax Administration regarding the handling of tax amounts, late payment amounts, and excess payment amounts, in the case of a company finalizing the PIT for the year 2019 with excess PIT to be paid, the company must automatically offset it with the next installment of PIT to be paid. If more than 6 months have passed since the occurrence of the excess PIT amount without any subsequent payment, the company should submit a refund request to the tax authority for direct management to handle the tax refund following the guidelines in Chapter VII of Circular No. 156/2013/TT-BTC.
Question:
Currently, our company is finalizing the PIT for the year 2019. Can the tax department tell me whether the surplus amount of PIT after the PIT settlement can be used to offset the subsequent PIT and VAT payments?
Answer:
Based on Article 33 of Circular No. 156/2013/TT-BTC dated November 6, 2013, issued by the Ministry of Finance, which guides the implementation of some provisions of the Law on Tax Administration regarding the handling of tax amounts, late payment amounts, and excess payment amounts, in principle, the taxpayer has the right to automatically offset the tax, late payment amounts, and penalties that are still owed or must be paid of the same type of tax.
In the case of finalizing the tax and the company has excess PIT to be paid, the company can only automatically offset it with the PIT amount arising in the next tax calculation period and cannot automatically offset it with other taxes.
