Guidance on reducing VAT and handling incorrect invoices in Vietnam for the Center for consulting and technology transfer of fire prevention, fighting and rescue?
- Taxpayers are only allowed to supplement tax declaration dossiers for submitted dossiers within 10 years from the filing deadline?
- Regulations on the reduction of VAT and the order to reduce VAT?
- How to handle wrong e-invoice sent to buyer?
- Guidance on VAT reduction for the center of consulting and technology transfer of fire prevention, fighting and rescue?
Taxpayers are only allowed to supplement tax declaration dossiers for submitted dossiers within 10 years from the filing deadline?
Pursuant to Article 47 of the Law on Tax Administration 2019 stipulates as follows:
“Article 47. Additional declaration of tax declaration dossiers
1. Taxpayers who discover that the tax declaration dossiers submitted to the tax authorities are incorrect or erroneous may additionally declare the tax declaration dossiers within 10 years from the expiration of the tax period submission deadline. there are errors or omissions, but before the tax authorities, the competent agencies announce the inspection and examination decisions.
2. When the tax authority or the competent authority has announced the tax inspection and examination decision at the taxpayer's office, the taxpayer may still make additional declarations to the tax declaration dossier; tax authorities shall impose penalties for administrative violations in tax administration for the acts specified in Articles 142 and 143 of this Law.
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Accordingly, the additional declaration of tax declaration dossiers shall comply with the above provisions.
Guidance on reducing VAT and handling incorrect invoices in Vietnam for the Center for consulting and technology transfer of fire prevention, fighting and rescue?
Regulations on the reduction of VAT and the order to reduce VAT?
Pursuant to Clauses 2 and 3, Article 1 of Decree 15/2022/ND-CP stipulates as follows:
“Article 1. Value-added tax reduction
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2. Value-added tax reduction
a) Business establishments that calculate value-added tax by the credit method may apply the value-added tax rate of 8% for goods and services specified in Clause 1 of this Article.
b) Business establishments (including business households and business individuals) that calculate value-added tax according to the percentage method on turnover are entitled to a reduction of 20% of the percentage rate to calculate value-added tax when issue invoices for goods and services eligible for value-added tax reduction specified in Clause 1 of this Article.
3. Order and procedures for implementation
a) For business establishments specified at Point a, Clause 2 of this Article, when making value-added invoices providing goods and services subject to value-added tax reduction, at the value-added tax rate line: increase write “8%”; value added tax; total amount to be paid by the buyer. Based on value-added invoices, business establishments selling goods and services shall declare output value-added tax, and business establishments purchasing goods and services shall declare and deduct input value-added tax. according to the reduced tax amount written on the value-added invoice.
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Accordingly, the VAT reduction level and the order and procedures for VAT reduction shall comply with the above provisions.
How to handle wrong e-invoice sent to buyer?
Pursuant to Clause 2, Article 19 of Decree 123/2020/ND-CP stipulates as follows:
“Article 19. Handling of invoices with errors
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2. In case an e-invoice with a tax authority's code or an e-invoice without a tax authority's code has been sent to the buyer, but the buyer or seller detects that there is an error, the following actions shall be taken:
a) In case there is an error in the buyer's name and address, but the tax code and other contents are correct, the seller shall notify the buyer of the error in the invoice and not have to repeat the invoice. single. The seller shall notify the tax authority of the incorrect e-invoice according to Form No. 04/SS-HDDT Appendix IA issued together with this Decree, unless the e-invoice does not have the agency's code. The tax with the above error has not sent invoice data to the tax authority.
b) In case there is a mistake: tax code; If the invoice amount is incorrect, the tax rate or tax is incorrect, or the goods listed on the invoice are not in accordance with the specifications and quality, you can choose one of two ways to use the e-invoice as follows:
b1) The seller issues an e-invoice correcting the erroneous invoice. In case the seller and the buyer have agreed on the making of a written agreement before issuing the invoice to adjust for the invoice already made with errors, the seller and the buyer shall make a written agreement clearly stating the error, then e-invoicing seller corrects errors in the invoice.
An e-invoice for adjustment of an e-invoice that has been made with errors must contain the words "Adjustment for invoice Model No... symbol... number... date... month...".
b2) The seller shall issue a new e-invoice to replace the erroneous e-invoice, unless the seller and the buyer have agreed to make a written agreement before issuing a replacement invoice for the invoice already made. If there is an error, the seller and the buyer make a written agreement specifying the error, and then the seller issues an electronic invoice to replace the incorrect invoice.
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Guidance on VAT reduction for the center of consulting and technology transfer of fire prevention, fighting and rescue?
Based on Official Letter 30592/CTHN-TTHT in 2022, Hanoi Tax Department has the following guidelines:
“In case the Center calculates VAT by the credit method, provides goods and services (currently applying the VAT rate of 10%) that are not on the list of goods and services as prescribed in Appendix I, II, III issued together with Decree No. 15/2022/ND-CP, the value-added tax rate of 8% will be applied from February 1, 2022 to the end of December 31, 2022 according to regulations. in Clause 2, Article 1 of Decree No. 15/2022/ND-CP of the Government. When selling goods or providing services subject to different tax rates, the value-added invoice must clearly state the tax rate of each good or service as prescribed in Article 2 of Decree No. 41/2022/ Decree-CP dated June 20, 2022 of the Government.
If the e-invoice has been made according to the provisions of Decree No. 123/2020/ND-CP and has been sent to the buyer and then detects that there are errors, the Center shall handle the errors according to the provisions of Point b, Clause 1 of this Article. 2 Article 19 Decree No. 123/2020/ND-CP of the Government. In case the Center discovers that the tax declaration dossiers submitted to the tax authorities are incorrect or incorrect, it shall make additional declarations to the tax declaration dossiers according to the provisions of Article 47 of the Law on Tax administration No. 38/2019/QH14 of the National Assembly.
In the process of implementing tax policy, in case there are still problems, the Center can refer to the guiding documents of the Hanoi Tax Department posted on the website http://hanoi.gdt.gov.vn or contact Contact the Department of Inspection - Inspection No. 6 for assistance in solving."
Accordingly, the determination of VAT rates and handling of errors in e-invoices in Vietnam for centers for consulting and technology transfer of fire prevention, fighting and rescue are carried out according to the above guidance.
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