• McNally Keene posted an update 6 months, 3 weeks ago

    Decree No. 125/2020/ND-CP dated October 19th, 2020 in the Government on regulating administrative penalties for tax or invoice-related violations

    This Decree sets out regulations on administrative penalties for tax or invoice-related violations, except for administrative violations linked to charges and fees; administrative violations related to taxes on exported or imported goods which collection is managed by customs authorities and violations against regulations on tax registration procedures, notification of temporary business suspension or premature business continuation conducted with business registration.

    In comparison to the existing regulations, the absolute maximum fine levels imposed on administrative penalties for tax or invoice-related violations are not changed. Especially, within the tax field, they are VND 200 million (for organizations) and VND 100 million (for people); inside the invoice field, these are VND 100 million (for organizations) and VND 50 million (for those).

    However, this Decree adds newer and more effective acts thought to be “using illegal invoices” such as: use of e-invoices who are not registered with any tax authority; usage of e-invoices of which tax authority’s codes have yet to be granted according to regulations; use of invoices using the invoicing date as soon as the date which a tax authority determines how the seller just isn’t doing work at the address registered using a competent regulatory authority, etc.

    These acts are considered to become “illegally using invoices”: usage of invoices that don’t contain all compulsory contents as prescribed; utilization of invoices with discrepancies in amounts purchased goods or services rendered, or discrepancies in required data fields between an invoice’s copies.

    Any administrative violation together with the underpaid amount of taxes, the evaded amount of taxes, the higher-than-prescribed level of tax exemption, reduction or refund that’s at the very least VND 100 million, or even the valuation on services or goods rendered that’s no less than VND 500 million, will be determined as being a large-scale tax-related administrative violation.

    With regard to invoice-related violation, any administrative violation involving no less than 10 invoice numbers will be determined being a large-scale invoice-related administrative violation.

    This Decree shall be effective from December 5th, 2020.

    For more details about sanctioning administrative violations on invoices go to this popular site: read more