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June Tax Newsletter

1. Official Dispatch No. 2121/TCT-CS INSTRUCTIONS FOR BILLING 2% VALUE-ADDED TAX REDUCTION BY DECREE 15/2022/ND-CP


Decree 15/2022/ND-CP stipulates tax exemption and reduction policies for groups of goods and services currently subject to the tax rate of 10%, except for some groups of goods and services mentioned in this Decree. decree from February 1, 2022, to the end of December 31, 2022. However, many problems still surround invoicing, applicable tax rates, invoice adjustments, and tax rates. before and after the tax reduction period. In addition, recently, the National Assembly Standing Committee has reviewed, commented, and made conclusions on the National Assembly's Resolution on value-added tax reduction, unifying the scope of application of the price tax reduction policy. value added as specified in Resolution No. 43/2022/QH15 dated January 11, 2022, the application period of the Resolution from July 1, 2023, to the end of December 31, 2023. Therefore, in order to guide the problems related to invoicing when implementing Decree 15/2022/ND-CP dated May 29, 2023, the General Department of Taxation has issued Official Letter 2121/TCT-CS guiding the implementation of Decree No. the application of VAT rates for some cases as follows.


 Official Dispatch No. 2121/TCT-CS INSTRUCTIONS FOR BILLING 2% VALUE-ADDED TAX REDUCTION BY DECREE 15/2022/ND-CP
Official Dispatch No. 2121/TCT-CS INSTRUCTIONS FOR BILLING 2% VALUE-ADDED TAX REDUCTION BY DECREE 15/2022/ND-CP

Therefore, in order to guide problems related to invoicing when implementing Decree 15/2022/ND-CP dated May 29, 2023, the General Department of Taxation has issued Official Letter 2121/TCT- The CS guides the application of VAT rates for some cases as follows.


stt

Case

Instructions

1

In 2023, the seller shall issue an adjusted and replacement invoice for goods eligible for VAT incentives under Decree 15/2022/ND-CP sold in 2022

  • If it does not affect the cost of goods and the payable VAT or adjust the taxable price, the adjusted or replaced invoice shall apply the VAT rate of 8%;

  • If there is an error in the quantity of goods, the adjusted or replaced invoice shall apply the VAT rate prescribed at the time of making the invoice for adjustment or replacement

2

In 2023, buyers return goods with VAT rate of 8% purchased in 2022

  • Make a goods return invoice to reduce or replace the invoice already made with the VAT rate of 8%, the seller and the buyer have an agreement to specify the returned goods

3

From January 1, 2023, an invoice showing the commercial discount content of goods with the tax rate of 8% sold in 2022 will be issued

  • If the discount amount is made on the last purchase or the next period after December 31, 2022, the discount amount of the sold goods will be adjusted according to the content of the taxable price, the actual tax rate. in accordance with applicable law at the time of invoice. • If the discount amount is made at the end of the discount program (period) after December 31, 2022, the seller shall issue an adjusted invoice and apply the VAT rate of 8% at the time of sale.

4

Goods and services are sold/provided/handovered and accepted from February 1, 2022 to December 31, 2022, but invoices are only issued in 2023

  • In the case of making invoices at the wrong time, VAT reduction will be applied according to Decree 15/2022/ND-CP;

  • Accepted administrative violations for the act of making invoices at the wrong time

It can be seen that the general principle of applying tax rates in the above-guided cases is based on the time of handing over of goods/services before or after the time when the application of price reduction tax is applied. increment expires. This is also a basis for businesses to apply in handling invoice situations related to VAT rate reduction in the near future.


2. DECREE 679/QD-TCT ON VALUE-ADDED TAX REFUND PROCESS, PERSONAL INCOME, SPECIAL CONSUMPTION

On May 31, 2023, the General Department of Taxation issued Decision 679/QD-TCT replacing Decision No. 905/QD-TCT dated July 1, 2011, providing uniform regulations on the receipt and settlement of taxes. tax refund for taxpayers. The decision states:

  • Process for receiving and processing tax refunds for taxpayers (“Process”);

  • The sequence of steps in the Process

  • Duration of steps in the Process

  • How to do the steps in the Process; and

  • Assignment to tax officials, tax administration functions under tax authorities at all levels.

Accordingly, the new Decision promulgates the process of receiving tax refund application dossiers electronically when taxpayers submit an electronic tax refund application via the website of the General Department of Taxation or through the following methods: Other portals will be accepted according to the following process:


Step 1: The website of the General Department of Taxation automatically checks the documents submitted by taxpayers online on the Portal before receiving the application.


Step 2: The website of the General Department of Taxation automatically creates a notice on the receipt or non-receipt of the tax refund request dossier and sends it to taxpayers within 15 minutes from the time of receipt of the dossier. of taxpayers; specific:

  • In case taxpayers' request for tax refund is not eligible for receipt: Automatically generate a notice of non-receipt of tax refund application using form No. 01/TB-HT attached to Tgong investment 80/2021/TT-BTC sent to taxpayers.

  • In case the application for tax refund is eligible for receipt: Automatically generate a notice of receipt of the application for tax refund according to form No. 01/TB-HT issued together with Circular 80/2021/ TT-BTC ) sent to taxpayers; At the same time, the website of the General Department of Taxation automatically transfers the documents to the QHS module.

Step 3: The QHS module automatically updates the tax refund file classification section according to the instructions in List 3, Appendix II issued together with the Tax refund process in Decision 679/QD-TCT in 2023. and transfer the received documents electronically to the Tax Refund Module right after recording the records. • Provide details of the application for tax refund, the status of the tax refund file, the error code, and the corresponding tax refund order processing principles in categories 1; 2.1; 2.2; 2.3.



. DECREE 679/QD-TCT ON VALUE-ADDED TAX REFUND PROCESS, PERSONAL INCOME, SPECIAL CONSUMPTION
. DECREE 679/QD-TCT ON VALUE-ADDED TAX REFUND PROCESS, PERSONAL INCOME, SPECIAL CONSUMPTION

Besides, Articles 4 and 5 of the Decision provide detailed instructions on assigning departments and divisions involved in each specific work content in the tax refund process and the receiving and processing department. settle tax refund dossiers for taxpayers. Specifically as follows:


1.1. Assign detailed tax authorities (CQT) responsible for each specific case:

  • The tax refund dossier according to the provisions of tax law;

  • Dossier of payment, refund of advance tax, VAT refund service charge to commercial banks; tax refund dossiers in case of ownership transformation, enterprise transformation, merger, consolidation, division, separation, dissolution, bankruptcy or termination of operation;

  • Refund records of individuals who directly finalize personal income tax;

  • Other overpaid refund documents 1.2. Department to receive and process tax refund dossiers for taxpayers:

  • Receiving dossiers of request for tax refund: The website of the General Department of Taxation; The reception department of the CQT

  • Classification of tax refund records: The TMS system, a data analysis and risk management application, performs automatic classification of tax refund records; Tax refund filing division

  • • Processing tax refund dossiers: Department of Planning and Investment; Inspection-Inspection Department

  • Decision on tax refund: the legal due diligence department conducts the appraisal of the dossiers subject to appraisal; The head of the tax authority approves and issues the decision on tax refund.

  • Issuing an order to refund state budget revenues: The Department of Planning and Investment shall make an Order for refund of state budget revenues or an order for refund and clearing of state budget revenues and submit it to the Head of the Administration for approval or approval under the authorization of the Head of the Administration.

  • Tax refund recovery: The Department of Economic Affairs and Trade receives and processes additional tax declaration dossiers on tax refund recovery of taxpayers; The Inspection-Inspection Department performs post-tax refund inspection; The Department of Economic Affairs and Trade updates data on tax refunds, late payment interest, fines (if any).

  • The details of the assignment are clearly stated in “List 3: Assignment to process tax refund dossiers” The decision takes effect from the date of issuance

If you encounter any problems during the implementation process, please contact us for support.


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