Circular No. 7050/BTC-TCT guides the tax settlement process for enterprises and cooperatives during bankruptcy. Tax authorities must carry out steps such as requesting tax settlement and reviewing the financial documents of bankrupt enterprises and cooperatives.
Đối tượng áp dụng
Provincial Tax Departments
Các điểm cốt lõi
- Enterprises and cooperatives in bankruptcy status → settle taxes with the tax authority and submit the tax settlement report within 45 days from the date of the bankruptcy decision.
- The tax authority directly managing the enterprise or cooperative in bankruptcy → request the enterprise or cooperative to settle taxes and submit the tax settlement report to the tax authority within 45 days from the date of initiating the bankruptcy procedure.
- If the enterprise or cooperative does not submit the tax settlement report within 45 days, the tax authority → issue a decision to inspect and verify to determine the official tax liability and impose administrative penalties.
- In cases where the enterprise's documents are managed, liquidated, recovered, sealed, and retained, the tax authority → request the court to unseal for inspection according to the law.
- The tax authority → conduct inspections and verifications in the presence of the asset management and liquidation team.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Helps ensure timely and accurate tax settlement for enterprises and cooperatives during the bankruptcy process.
- Negative impact: May impose additional costs and time burdens on tax authorities when conducting inspections and audits at bankrupt enterprises.
❓ Câu hỏi thường gặp
What should enterprises in bankruptcy do?
For enterprises and cooperatives in bankruptcy status → settle taxes and submit the tax settlement report to the tax authority within 45 days from the date of the bankruptcy decision.
What is the deadline for enterprises to submit the tax settlement report?
The deadline for enterprises and cooperatives to submit the tax settlement report → 45 days from the date of initiating the bankruptcy procedure.
How will the tax authority handle if an enterprise fails to settle taxes within the deadline?
If an enterprise does not submit the tax settlement report within 45 days, the tax authority → issue a decision to inspect and verify to determine the official tax liability and impose administrative penalties.
Does the tax authority have the right to open sealed documents of enterprises?
In cases where documents are managed, liquidated, recovered, sealed, and retained, the tax authority → request the court to unseal for inspection.
What steps will the tax authority take if an enterprise does not submit the tax settlement report?
If an enterprise does not submit the tax settlement report, the tax authority → issue a decision to inspect and verify to determine the official tax liability and impose administrative penalties.
Toàn văn
JOINT COMMUNIQUE
OF THE MINISTRY OF FINANCE NO. 7050/BTC-TCT DATED JUNE 8, 2006
ON SETTLING TAXES FOR ENTERPRISES AND COOPERATIVES IN BANKRUPTCY
Sent to: Tax Departments of provinces and centrally governed cities.
In recent times, some local tax departments have reported difficulties in settling taxes for enterprises declared bankrupt according to the Bankruptcy Law No. 21/2004/QH11; After reaching consensus with the Supreme People's Court, the Ministry of Finance guides implementation as follows:
Article 14 of the Corporate Income Tax Law and Article 15 of the Value Added Tax Law both stipulate that in cases of merger, consolidation, division, transfer, dissolution, bankruptcy, business establishments must settle taxes with the tax authority and report the tax settlement to the tax authority within 45 days from the date of the decision on merger, consolidation, division, transfer, dissolution, or bankruptcy.
For enterprises and cooperatives entering bankruptcy status still owing tax debts, the tax authority directly managing tax collection shall be determined as the representative of the State participating in the bankruptcy procedures with the role of creditor for the tax debts and penalties owed by the enterprise or cooperative to the State Treasury. The court, when issuing a decision to initiate bankruptcy proceedings, shall notify the tax authority directly managing the enterprise or cooperative in accordance with Clause 2, Article 29 of the Bankruptcy Law. Upon receiving notification from the court or information about the initiation of bankruptcy proceedings against the enterprise or cooperative entering bankruptcy status, the tax authority directly managing the above entities must send a notice requesting the enterprise or cooperative to settle taxes and report the tax settlement to the tax authority directly managing them within 45 days from the date of the decision to initiate bankruptcy proceedings. After receiving the tax settlement report from the enterprise or cooperative entering bankruptcy status, the tax authority will review the business establishment's documents to verify the accuracy of the figures declared by the enterprise or cooperative. If discrepancies are found in the documents requiring verification before concluding, the tax authority may request the enterprise or cooperative to supplement documents or issue a decision to inspect and audit at the enterprise or cooperative depending on the level of violation.
If within 45 days from the date of the decision to initiate bankruptcy proceedings, the enterprise or cooperative entering bankruptcy status does not report the tax settlement to the tax authority, then the tax authority must issue a decision to inspect and audit at the enterprise or cooperative to determine the formal tax obligations of the enterprise or cooperative and impose administrative penalties for failing to report the tax settlement.
In cases where, upon issuing a decision to inspect and audit at the enterprise or cooperative entering bankruptcy status, the business establishment's documents are seized and sealed by the Property Management and Liquidation Team, the tax authority shall submit a document requesting the court to unseal the documents for inspection. Upon receiving the court's decision to unseal the documents, the tax authority will conduct inspections and verifications in the presence of the Property Management and Liquidation Team in accordance with Article 10 of the 2004 Bankruptcy Law and Clause 5, Article 17 of the Value Added Tax Law and Clause 5, Article 15 of the Corporate Income Tax Law.
The Ministry of Finance notifies the Tax Departments for their knowledge and implementation.
Deputy Minister of Finance
Truong Chi Trung
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