• Womble Currie posted an update 6 months, 3 weeks ago

    Decree No. 125/2020/ND-CP dated October 19th, 2020 of 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, aside from administrative violations in connection with fees and charges; administrative violations associated with taxes on exported or imported goods that 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 actual regulations, the absolute maximum fine levels imposed on administrative penalties for tax or invoice-related violations usually are not changed. Specifically, inside the tax field, they are VND 200 million (for organizations) and VND 100 million (for individuals); within the invoice field, they may be VND 100 million (for organizations) and VND 50 million (for individuals).

    However, this Decree adds some new acts regarded as being “using illegal invoices” for example: utilization of e-invoices which are not registered with any tax authority; utilization of e-invoices which tax authority’s codes have yet to be granted in accordance with regulations; usage of invoices using the invoicing date after the date where a tax authority determines that the seller isn’t doing business with the address registered having a competent regulatory authority, etc.

    These acts are considered being “illegally using invoices”: utilization of invoices that do not contain all compulsory contents as prescribed; use 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 using the underpaid tax amount, the evaded tax amount, the higher-than-prescribed quantity of tax exemption, reduction or refund which can be at least VND 100 million, or perhaps the price of services or goods rendered that is no less than VND 500 million, shall be determined as a large-scale tax-related administrative violation.

    Regarding invoice-related violation, any administrative violation involving no less than 10 invoice numbers should be determined as being a large-scale invoice-related administrative violation.

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

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