Depending on the business situation, many businesses choose to suspend business to stabilize capital and human resources after the crisis. Below, HTLaw would like to summarize some regulations on business suspension for businesses.
1. License fee
Clause 3, Article 4, Circular 302/2016/TT-BTC, Obligation to pay license fees to enterprises applying to suspend operations:
Organizations, individuals, groups of individuals, households that are engaged in production and business and have notified the tax authority of the business suspension for the whole calendar year are not required to pay license fees for the year of suspension.
In case of business suspension for less than a calendar year, the license fee for the whole year must still be paid.
2. Tax declaration dossier
According to Article 14, Circular 151/2014/TT-BTC:
Taxpayers who do not incur tax obligations during the business suspension period are not required to submit tax returns for the period of business suspension.
In case taxpayers suspend their business for less than a calendar year or a fiscal year, they still have to submit annual tax finalization dossiers.
According to Point b, Clause 3, Article 16 of Circular 151/2014/TT-BTC, a corporate income tax finalization dossier includes:
1) Corporate income tax finalization declaration, value added tax declaration.
2) Annual financial statements or financial statements up to the date of decision on the enterprise’s division, consolidation, merger, transformation, dissolution, or termination of operation.
3) One of the appendices specified in b.3 Article 16 of Circular 151/2014/TT-BTC, depending on the arising of the company.
Eg:
If you suspend your business from January 1, 2021 to December 31, 2021, you will be exempt from tax reporting for the whole year of 2021
If the business is temporarily suspended from February 2, 2021 to December 31, 2021, in 2021, it must submit: Quarter 1 tax report and financial statement, tax finalization declaration for 2021.
* Note:
For taxpayers who are subject to registration for issuance of tax identification numbers directly at tax authorities (including enterprises operating in the fields of insurance, accounting, auditing, lawyer, notary or other specialized fields that are not required to register their businesses through the business registration agency in accordance with specialized laws and other organizations specified in Clause 2, Article 4 of Circular 105/2020/TT-BTC), before If the business is temporarily suspended, the taxpayer must send a written notice to the tax authority directly managing it at least 15 (fifteen) days before the business suspension. The content of the notice includes:
– Name, head office address, tax identification number;
– The business suspension period, the start date and the end date of the suspension period;
– Reason for business suspension;
– Full name and signature of the legal representative of the enterprise, the representative of a group of business individuals or the head of the business household.
At the end of the business suspension period, taxpayers must declare tax according to regulations. In case the taxpayer goes out to do business before the time limit specified in the business suspension notice, a written notice must be sent to the tax authority directly managing and concurrently submitting tax declaration dossiers as prescribed.
PART 2: PROCEDURES WITH BUSINESS REGISTRATION AGENCIES
Enterprises must notify in writing the Business Registration Office no later than 03 working days before the date of suspension or resumption of business before the notice period.
The business registration agency is responsible for notifying the tax authority of the information that the taxpayer suspends business or resumes business activities within 02 (two) working days from the date of receipt of the business registration document. In case the taxpayer registers to suspend business, the tax authority shall notify the business registration authority of the tax liability owed to the state budget of the taxpayer within no later than 02 (two) working days from the date receiving information from the business registration authority.
1. Order of execution
The enterprise sends a notice to the Business Registration Office where the enterprise has registered at least 15 days before the business suspension.
The Business Registration Office hands over the application receipt to the enterprise after receiving the notice of business suspension of the enterprise. Within 03 working days from the date of receipt of a valid application, the Business Registration Office shall issue a Certificate of the enterprise’s registration of business suspension.
Note: When the enterprise carries out the procedures for business suspension of the enterprise, the enterprise shall simultaneously send the Notice of temporary cessation of operation of the branch, representative office, and business location to the Business Registration Office where the branch is located, representative office, registered business location.
2. Number of documents: 01 (set)
PART 3: INVOICE
Invoices for units temporarily suspending business: Since the company is only temporarily suspending business, there is no need to resubmit unused invoices.
PART 4: OTHER OBLIGATIONS
According to Clause 3, Article 206, Law on Enterprise 2020, During the business suspension, the enterprise must fully pay the outstanding tax, social insurance, health insurance and unemployment insurance amounts; continue to pay debts, complete the performance of contracts signed with customers and employees, unless otherwise agreed by enterprises, creditors, customers and employees.
In order to save time to find out the procedure, fill out the form, waiting for the application to be submitted, you can contact HTLaw for Temporary suspension of business.
Contact us
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- Email: hue.truong@htlaw.vn
- Phone number: +84 935 439 454.