In Vietnam, what are the rights, obligations and responsibilities of taxpayers when applying APA?

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• In Vietnam, Taxpayers Right to Apply APA
• In Vietnam, the obligations and responsibilities of taxpayers when applying APA

In Vietnam, Taxpayer's Right to Apply APA

Pursuant to Clause 1, Article 9 of Circular 45/2021/TT-BTC, taxpayers' rights when applying APA are as follows:

a) The taxpayer has the right to request the General Department of Taxation to withdraw the application or stop the negotiation at any time before the APA is signed;

b) Taxpayers have the right to invite or hire independent experts who have skills and knowledge suitable to APA contents to participate in APA exchange and negotiation. In the documents recording the results of the exchange, the negotiation must be signed and certified by the taxpayer.

c) In the event that while implementing APA unilaterally, if there is a double taxation or an adjustment in taxable income leading to disadvantage for taxpayers stemming from the decision of the partner tax authority, Taxpayers have the right to request the General Department of Taxation to amend or cancel the APA according to the provisions of Clauses 9 and 10, Article 41 of Decree No. 126/2020/ND-CP.

In Vietnam, the obligations and responsibilities of taxpayers when applying APA

Pursuant to Clause 2 of this Article, the obligations and responsibilities of taxpayers when applying APA are as follows:

a) Taxpayers are responsible for providing fully, timely, truthfully and accurately information and data to tax authorities during the process of consultation (if any), submission of official dossiers, appraisal, negotiating, signing and implementing the APA as well as in the process of settling the request for extension or amendment of the APA according to the provisions of Article 97 of the Law on Tax Administration. Taxpayers are responsible before the law for the truthfulness and accuracy of this information.

b) Taxpayers are obliged to keep relevant records and documents during the appraisal, negotiation, signing and implementation of APA and provide them to tax authorities upon request.

c) During the implementation of the APA, the taxpayer is responsible for complying with the conditions in the signed APA and for adjusting the taxable income in accordance with the price or profit rate or distribution ratio. supplementing profits specified in APA to make corporate income tax declaration and payment according to regulations.

d) Taxpayers are responsible for making and submitting annual APA reports for each tax year and ad hoc reports (if any) during the validity period of the signed APA as prescribed in Clause 7 Article 41 of Decree No. Decree No. 126/2020/ND-CP.

dd) Taxpayers who commit tax administrative violations during the implementation of the signed APA will be sanctioned for tax administrative violations according to current regulations.

Best regards!