Humphries Heller 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, with the exception of administrative violations related to fees and charges; administrative violations in connection 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 with the actual regulations, the utmost fine levels imposed on administrative penalties for tax or invoice-related violations are not changed. In particular, from the tax field, these are VND 200 million (for organizations) and VND 100 million (for individuals); within the invoice field, these are VND 100 million (for organizations) and VND 50 million (for people).
However, this Decree adds new acts thought to be “using illegal invoices” such as: utilization of e-invoices that are not registered with any tax authority; using e-invoices ones tax authority’s codes have yet to be granted in accordance with regulations; use of invoices using the invoicing date following your date on which a tax authority determines how the seller just isn’t doing business in the address registered having a competent regulatory authority, etc.
These acts are thought to get “illegally using invoices”: utilization of invoices that don’t contain all compulsory contents as prescribed; use of invoices with discrepancies in amounts taken care of goods or services rendered, or discrepancies in required data fields between an invoice’s copies.
Any administrative violation with the underpaid tax amount, the evaded tax amount, the higher-than-prescribed level of tax exemption, reduction or refund which can be a minimum of VND 100 million, or the worth of goods or services rendered that’s no less than VND 500 million, will probably be determined being a large-scale tax-related administrative violation.
Intended for invoice-related violation, any administrative violation involving a minimum of 10 invoice numbers will probably be determined as being a large-scale invoice-related administrative violation.
This Decree shall take effect from December 5th, 2020.
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