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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 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.
When compared with the current regulations, the absolute maximum fine levels imposed on administrative penalties for tax or invoice-related violations are not changed. Especially, within the tax field, these are VND 200 million (for organizations) and VND 100 million (for those); in the invoice field, they’re VND 100 million (for organizations) and VND 50 million (for those).
However, this Decree adds newer and more effective acts regarded as “using illegal invoices” for example: utilization of e-invoices that are not registered with any tax authority; using e-invoices ones tax authority’s codes haven’t been granted as outlined by regulations; utilization of invoices using the invoicing date after the date on what a tax authority determines the seller is not conducting business with the address registered with a competent regulatory authority, etc.
These acts are believed to become “illegally using invoices”: utilization of invoices that won’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 together with the underpaid amount of taxes, the evaded tax amount, the higher-than-prescribed amount of tax exemption, reduction or refund which is no less than VND 100 million, or perhaps the valuation on services or goods rendered which can be no less than VND 500 million, shall be determined as being a large-scale tax-related administrative violation.
Regarding invoice-related violation, any administrative violation involving at least 10 invoice numbers will be determined as being a large-scale invoice-related administrative violation.
This Decree shall work from December 5th, 2020.
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