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Knowledge of tax examination - tax settlement

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Knowledge of related transactions

  • Tax strictly controls associated transactions against transfer pricing: What should Vietnamese enterprises do?
  • Declare associated transactions for businesses in Vietnam
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  • Guide on Affiliate Transactions for Enterprises in Vietnam
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  • Affiliate transactions (transfer pricing) – Part 2: Transfer pricing methods of multinational companies in Vietnam
  • Affiliate transactions (transfer pricing) – Part 1: Tax basis and profit transfer
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Legal regulations on affiliate transactions (Transfer pricing)
  • Circular 45/2021/TT-BTC guiding the application of APA in tax administration for enterprises with associated transactions
  • Official Dispatch 271/TCT-TTKT introducing new contents of Decree 132/2020/ND-CP on tax administration for enterprises with associated transactions
  • Appendices of Decree 132/2020/ND-CP on related-party transactions
  • Decree 132/2020 / ND-CP on tax administration applicable to enterprises with associated transactions
  • Official Letter 2835/TCT-TTKT guiding the implementation of Decree 68/2020/ND-CP issued by the General Department of Taxation
  • Decree 68/2020/ND-CP amending and supplementing Decree 20/2017/ND-CP on tax administration for enterprises with associated transactions
  • Circular 41/2017/TT-BTC guiding the implementation of Decree 20/2017/ND-CP stipulating tax administration for enterprises with associated transactions
  • Decree 20/2017 / ND-CP on tax administration applicable to enterprises with associated transactions

Tax law provisions

  • Decree No. 15/2022/ND-CP stipulating tax exemption and reduction under Resolution 43/2022/QH15
  • Identify tax incentives for software
  • Circular 19/2021/TT-BTC guiding electronic transactions in the tax field
  • Regulations on Consolidation of legal documents and how to use Consolidated documents
Tax Administration
  • Circular 80/2021/TT-BTC guiding tax administration from January 01, 01
  • Circular 78/2021/TT-BTC on invoices and documents
  • Official Letter 6770/CTTPHCM-KK on filing tax returns during the implementation of Directive 16/CT-TTg
  • Circular 31/2021/TT-BTC on risk management in tax administration
  • Circular 105/2020/TT-BTC dated December 03, 12 guiding tax registration
  • Decree 126/2020 / ND-CP guiding the Law on Tax Administration 2019
  • Law on Tax Administration 2019 (Law No. 38/2019/QH14)
  • Circular 119/2014/TT-BTC amending the application of tax declaration by deduction method
V.a.t tax
  • Decree No. 15/2022/ND-CP stipulating tax exemption and reduction under Resolution 43/2022/QH15
  • Reducing VAT from 10% to 8% in 2022 (From February 01 – Detailed application instructions)
  • Circular 43/2021/TT-BTC supplementing medical instruments and equipment subject to VAT rate of 5%
Corporate income tax
  • Circular 71/2021/TT-BTC providing guidance on corporate income tax for establishments carrying out socialization that have not yet been collected according to Resolution 63/NQ-CP dated May 25, 5
  • Costs related to Covid are included in business expenses and not included in personal income taxable income
  • Decision 29/2021/QD-TTg on special investment incentives
  • Decree 57/2021/ND-CP on corporate income tax incentives for projects producing supporting industry products
  • Circular 03/2021/TT-BTC guiding the CIT exemption and reduction for science and technology enterprises
personal income tax
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Receipts
  • Official Dispatch 5113/TCT-CS guiding some contents about e-invoices
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  • Decree No. 123/2020 / ND-CP on invoices and documents
  • Circular 88/2020/TT-BTC amending and supplementing Article 26 of Circular 68/2019/TT-BTC
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  • Decree 04/2014/ND-CP amending and supplementing a number of articles of Decree No. 51/2010/ND-CP dated May 14, 05 regulating invoices for selling goods and providing services
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Penalties for administrative violations of tax and invoices
  • Decree 102/2021/ND-CP on penalties for administrative violations in the fields of taxation, invoices, accounting and auditing
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Extension, tax exemption and reduction due to Covid-19
  • Resolution 11/NQ-CP on tax payment extension 2022
  • Resolution 43/2022/QH15 on fiscal and monetary policies to support the socio-economic recovery and development program
  • Decree 92/2021/ND-CP guiding Resolution 406/NQ-UBTVQH15 on tax exemption and reduction
  • Official Letter 3887/TCT-CS on business support and sponsorship for COVID-19 prevention and control activities
  • Decree 52/2021/ND-CP extending the deadline for payment of VAT, CIT, PIT and land rent in 2021 (Due to Covid-19)
  • Decree 41/2020/ND-CP Extension of deadlines for payment of VAT, CIT, PIT and land rent (Due to Covid-19)

Updating tax events news

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  • Tax administration for enterprises with associated transactions from 2020
  • Not required to use e-invoices from 01/11/20
  • Cases of wrong electronic invoicing need to be handled
  • Decree 114/2020 / ND-CP guiding the implementation of tax reduction of 30% of CIT payable by 2020
  • Official Letter 3867 / TCT-KK in 2020 regarding refund of overpaid value-added tax due to incorrect payment
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  • Guide to properly implement tax policies for advertising activities on Facebook, Google
  • Official Letter 2578 / TCT-CS dated 23/6/2020 on the time required to use e-invoices
  • Official Letter 3529 / TCT-KK on refunded VAT policy for investment projects that are terminated
  • Official Letter 3185 / TCT-HTQT 2020 on withholding tax paid abroad from tax payable in Vietnam
  • Official Letter 2668 / TCT-CS in 2020 on value added tax policy for enterprises when transformed into export processing enterprises issued by the General Department of Taxation
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  • Guide to properly implement tax policies for advertising activities on Facebook, Google

Guide to properly implement tax policies for advertising activities on Facebook, Google

On August 24, 8, City Tax Department. Hanoi has Official Letter No. 2020 / CT-TTHT guiding the implementation of tax policies for advertising activities on Facebook, Google.

Legal basis:

Official Dispatch No. 78002 / CT-TTHT is based on Article 15, Circular No. 219/2013 / TT-BTC (as amended in Circular 119/2014 / TT-BTC, Circular 151/2014 / TT-BTC, Circular 26/2015 / TT-BTC, Circular 173/2016 / TT-BTC).

Accordingly, businesses are deducted input value added tax (VAT) for advertising activities on Facebook and Google when they meet the following 3 conditions:

 

Condition 1: There are legal invoices and vouchers to pay VAT

Having legal VAT invoices of purchased goods or services or vouchers on payment of VAT at the import stage or vouchers of VAT payment on behalf of the foreign parties under the Finance Ministry's guidance applicable to foreign organizations. has no Vietnamese legal status and foreign individuals do business or earn income in Vietnam.

Condition 2: Having vouchers of non-cash payment of VND 20 million or more

Having vouchers of non-cash payment for goods and services purchased (including also imported goods) of VND 20 million or more, except for cases where goods or services are imported at a time with a value of less than VND 20 million, goods and services purchased each time under an invoice of less than VND 20 million at a VAT-inclusive price and where the business imports goods as gifts or gifts from the organization individuals in foreign countries.

In which, non-cash payment documents include bank transfer vouchers and other non-cash payment documents guided in Clause 3 and Clause 4 Article 15, Circular No. 219/2013 / TT-BTC .

Condition 3: Bank vouchers must be in accordance with current regulations

Bank payment voucher is understood as having documents proving the transfer of money from the buyer's account to the seller's account opened at the payment service supplier in accordance with appropriate forms of payment. Regulations of applicable laws such as checks, payment orders or payment orders, collection orders, collection orders, bank cards, credit cards, phone sims (e-wallet) and other forms of payment as prescribed. (including the case where the buyer makes payments from the buyer's account to the seller's account in the name of the private enterprise owner or the buyer pays from the buyer's account in the name of the private enterprise owner to the side account sell).

At the same time, Circular No. 103/2014 / TT-BTC dated August 6, 8 of the Ministry of Finance stipulates that the subject of tax obligations is foreign business organizations with permanent establishments in Vietnam. or do not have a permanent establishment in Vietnam; Foreign business individuals are residents of Vietnam or are not residents of Vietnam, do business in Vietnam or earn income in Vietnam on the basis of contracts, agreements, or commitments. between a foreign contractor and a Vietnamese organization or individual or between a foreign contractor and a foreign subcontractor to perform part of the work of the contractor contract.

Under Article 4, Circular No. 96/2015 / TT-BTC amending Article 6, Circular No. 78/2014 / TT-BTC on deductible and non-deductible expenses when determining taxable income, Enterprises may deduct all expenses (except non-deductible expenses as prescribed) if they fully meet the following conditions: actually arising expenses related to their production and business activities; the expense has enough legal invoices and documents as prescribed by law; Expenditures if there is a purchase of goods or services each time with a value of 20 million VND or more (the price includes VAT) when making the payment must have proof of non-cash payment. Non-cash payment vouchers shall comply with the provisions of legal documents on VAT.

Conclude:

Based on the above provisions, in case the company has an online advertising service on Facebook, Google, if this expense meets the actual conditions related to the company's business, there is Foreign contractor tax returns and receipts in accordance with legal documents on VAT shall be included in deductible expenses when determining taxable income of corporate income tax.

 

Note: 

In case the company authorizes the individual who is the employee in the company to use the individual's credit card to pay for the above services, the company then pays the individual via bank transfer. Bank from the company's account to the individual's account (credit card opened by the company for individuals at the Bank) and this form of payment is specified in the Financial Regulations or Decision on Authorization of the company to an individual is also considered as a non-cash payment certificate as prescribed in Article 1 of Circular No. 173/2016 / TT-BTC.

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Updated on October 8, 2020
Official Letter 2578 / TCT-CS dated 23/6/2020 on the time required to use e-invoices3867 / TCT-KK on overpaid VAT refund

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