According to Article 9, Clause 2 of Decree 126/2020/ND-CP, if a company determines that they have incorrectly declared quarterly personal income tax or in other words, do not meet the conditions for quarterly tax declaration, the followings should be performed :
[1] In case the company self-discovers that they do not meet the conditions for quarterly tax declaration:
- The company must start declaring taxes on a monthly basis from the first month of the following quarter.
- They do not need to resubmit tax declaration documents for previous quarters, but they must submit a Statement of Determined Additional Tax Amount to be paid monthly, which is higher than the amount declared for the quarter.
- Late payment fees must be calculated.
[2] In cases where the tax authorities discover that the taxpayer does not meet the requirements for tax declaration by quarter:
- The tax authorities will recalculate the amount of tax to be paid per month, increasing it compared to the number declared by the taxpayer.
- Late payment fees must be calculated according to regulations.
- The company must carry out monthly tax declarations from the date it receives the notification from the tax authorities.
