Question: If a business ceases operations, will its tax code also be terminated?
VU THANG(Chi Linh City)
Reply:
Pursuant to Point a, Clause 1, Article 39, Law on Tax Administration 2019 stipulates as follows:
Article 39. Termination of tax code validity
1. Taxpayers who register for tax together with business registration, cooperative registration, or business registration shall have their tax codes terminated in one of the following cases:
a) Termination of business operations or dissolution or bankruptcy;
b) Having the business registration certificate, cooperative registration certificate, or business registration certificate revoked;
c) Divided, merged, consolidated.
2. Taxpayers who register for tax directly with the tax authority shall terminate the validity of their tax code in one of the following cases:
a) Termination of business activities, no longer incurring tax obligations for non-business organizations;
b) Business registration certificate or equivalent license revoked;
c) Divided, merged, consolidated;
d) The tax authority issues a notice that the taxpayer is not operating at the registered address;
d) Individuals who die, go missing, or lose civil act capacity according to the provisions of law;
e) Foreign contractors upon termination of contract;
g) Contractors and investors participating in petroleum contracts upon termination of contracts or transfer of all rights to participate in petroleum contracts.
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Thus, if a business has been granted a tax code but ceases operations, the tax code will of course be terminated.