• Oakley Falkenberg posted an update 3 months, 2 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, except for administrative violations associated with charges and fees; administrative violations associated with 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 with the existing regulations, the utmost fine levels imposed on administrative penalties for tax or invoice-related violations aren’t changed. Particularly, from the tax field, these are VND 200 million (for organizations) and VND 100 million (for folks); inside the invoice field, they’re VND 100 million (for organizations) and VND 50 million (for those).

    However, this Decree adds new acts regarded as being “using illegal invoices” including: use of e-invoices which are not registered with any tax authority; usage of e-invoices that tax authority’s codes have yet to be granted based on regulations; using invoices with all the invoicing date after the date which a tax authority determines the seller just isn’t conducting business in the address registered which has a competent regulatory authority, etc.

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

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

    Pertaining to invoice-related violation, any administrative violation involving at the very least 10 invoice numbers will be determined as being a large-scale invoice-related administrative violation.

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

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