According to the new regulations in Decree 91/2022/ND-CP, what information does an e-commerce platform provide to the tax authority? – Cam Huong (HCMC, Vietnam).
On October 30, 2022, the government issued Decree 91/2022/ND-CP amending and supplementing a number of articles of Decree 126/2020/ND-CP detailing the Law on Tax Administration.
According to Clause 7 Article 1 of Decree 91/2022/ND-CP, an organization established and operating under Vietnamese law that is the owner of an e-commerce platform has the responsibility to provide complete, accurate, and timely information. According to regulations, to tax authorities, information of traders, organizations, and individuals that conduct part or the whole process of buying and selling goods and services on the e-commerce trading floor is required, including:
- Name of the seller;
- Tax code or personal identification number or identity card or citizen identification or passport, address, contact phone number;
- Revenue from sales through the floor's online ordering function.
The provision of information is done on a quarterly basis, no later than the last day of the first month of the following quarter, electronically, via the website of the General Department of Taxation, in the data format published by the General Department of Taxation.
Decree 91/2022/ND-CP takes effect on October 30, 2022.
Vietnam: To require e-commerce platforms to provide tax authorities with the seller's information (Internet image)
Decree 126/2020/ND-CP stipulates responsibilities for providing information to other organizations and individuals in Vietnam as follows:
- Organization of business services of tax procedures and accounting services; organizations entrusted with export and import; authorized persons, guarantors, and tax payers on behalf of the taxpayer; The independent auditing company is responsible for providing information related to the agreement with the taxpayer and documents as a basis for determining tax obligations as prescribed in the Law on Tax Administration and relevant laws upon written request of the tax authority.
- Organizations and individuals that are business partners or customers of taxpayers are responsible for providing information related to taxpayers in accordance with the Law on Tax Administration and relevant laws upon written request of the tax authority.
- The Vietnam Chamber of Commerce and Industry is responsible for providing information related to the issuance of certificates of origin for Vietnamese exports to foreign countries on a monthly basis and no later than the first day of the following month.
- Income-paying organizations and individuals are responsible for providing information on income payment and withholding tax amounts of taxpayers when finalizing their annual tax returns or at the request of tax administration agencies.
- Competent agencies are responsible for providing information before the auction on imported goods that are exempt from tax or taxable to customs offices for tax assessment.
- Other organizations and individuals are responsible for providing information in accordance with the Law on Tax Administration and relevant laws.
- For information provided at the written request of the tax authority, organizations and individuals are responsible for providing information to the tax administration agency within 10 days from the date of receiving the tax administration's written request for information provision.
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