General Department of Taxation of Vietnam requests comprehensive inspection of tax declaration and payment in affiliate marketing activities

June 04, 2024, the General Department of Taxation issued Official Telegram 01/CD-TCT on decisively implementing effective tax management for e-commerce activities, electronic invoices generated from cash registers.

1. The General Department of Taxation of Vietnam requests comprehensive inspection of tax declaration and payment in affiliate marketing activities

In compliance with the directives of the Government of Vietnam and the Ministry of Finance in enhancing tax collection management capacity, preventing tax loss in e-commerce activities; continuing to expand the implementation of solutions for electronic invoices generated from cash registers to support individuals and enterprises in quickly, conveniently, and economically using electronic invoices while improving management efficiency, preventing tax loss in the retail sector, protecting consumer rights, and contributing to the acceleration of the digital transformation efforts of the finance sector.

Therefore, in Official Telegram 01/CD-TCT 2024, the General Director of the General Department of Taxation requires Directors of Provincial and City Tax Departments, Large Enterprise Tax Departments to urgently carry out the following tasks immediately:

(1) Implement a comprehensive, synchronized review and inspection of tax declarations, payments, and the use of electronic invoices by organizations, business households, individual e-commerce businesses, businesses on e-commerce trading platforms, affiliate marketing, providing digital content information products, and receiving income from advertising activities, software provision... particularly online businesses, businesses streaming live (livestream) selling goods and services,...

(2) Implement solutions to apply electronic invoices generated from cash registers from August 01, 2024, for the following business forms:

- Golf course ticket sales and services provided within the course.

- Business of attire, equipment, accessories,... serving golf activities.

(3) Develop a plan and carry out inspection tasks for the above business forms so that the business establishments clearly understand, fully recognize their responsibilities, and commit to strictly complying with tax declaration and payment regulations, promoting the deployment of electronic invoices generated from cash registers, preventing tax loss to the state budget.

(4) Decisively implement tasks to tax department leaders, heads of departments, tax branches, and specifically to unit managers to work, propagate policies and legal regulations on tax declaration, payment, and the use of electronic invoices in transactions to each business establishment in the e-commerce, golf course business, golf support services sectors...

(5) Direct the review, statistics, and assessment of tax management to prepare a plan to apply electronic invoices generated from cash registers for business forms with revenue from ticket sales for tourist attractions, entertainment activities,... report to the General Department of Taxation before August 01, 2024.

Thus, provincial and city tax departments; Large Enterprise Tax Departments will urgently proceed to comprehensively review and inspect tax declarations, payments, and the use of electronic invoices by organizations, businesses, and individuals engaged in e-commerce, trading on e-commerce platforms, affiliate marketing.

2. What are the fines for individuals with taxable income from affiliate marketing if they delay tax payment in Vietnam?

According to the provisions of Clause 2, Article 59 of the Tax Administration Law 2019, the rate and time for calculating late payment interest are as follows:

- The rate for calculating late payment interest is 0.03%/day on the late tax amount;

- The late payment interest period is calculated continuously from the next day after the late payment arises as prescribed in Clause 1, Article 59 of the Tax Administration Law 2019 to the day immediately preceding the day the tax debt, reclaimed tax refund, additional tax, imposed tax, late transferred tax is paid into the state budget.

Additionally, taxpayers shall self-determine the late payment amount according to the provisions of Clause 1, Clause 2, Article 59 of the Tax Administration Law 2019 and pay it to the state budget as stipulated. In cases where taxpayers have overpaid tax amounts, late payment interest, fines, they shall follow the provisions of Clause 1, Article 60 of the Tax Administration Law 2019.

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