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MINISTRY OF
FINANCE OF VIETNAM
GENERAL DEPARTMENT OF TAXATION
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.: 4943/TCT-KK
Re: Guidelines on tax declaration and
supplementary tax declaration
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Hanoi, November
23, 2015
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To:
Departments of Taxation of provinces and central-affiliated cities
The General Department of Taxation has received
certain questions about tax declaration and supplementary tax declaration
during the implementation of the Law on tax administration, the Law on
amendments to the Law on tax administration, and their guiding documents. After having submitted reports to and
obtaining approval from the Ministry of Finance of Vietnam, the General
Department of Taxation hereby gives some guidelines as follows:
1. Determination of tax
declaration dossiers
- Pursuant to Clause 1 Article
34 of the Law on tax administration No. 78/2006/QH11 prescribing supplementary
tax declaration: “In case a taxpayer finds that the submitted tax
declaration dossier contains errors that lead to an
increase or decrease in the tax amount payable before the tax authority
announces the tax inspection decision, the taxpayer is entitled to carry out
supplementary declaration.”
- Clause 2 Article 5 of the
Government’s Decree No. 83/2013/ND-CP dated July 22, 2013 on elaboration of the
Law on tax administration and the Law on amendments to the Law on tax
administration stipulates:
“2. Taxpayers shall provide accurate, truthful
and adequate information in tax returns and submit adequate documents required
in the tax declaration dossier to tax authorities.
In case, after the prescribed submission
deadline, a taxpayer finds that the submitted submitted tax declaration dossier
contains errors, the taxpayer is entitled to make supplementary declaration or
modify the submitted tax declaration dossier. Supplementary or modified
declaration documents may be submitted to the tax authority on any business
days regardless of the next submission deadline, as long as they are submitted
before the tax authority or competent authority announces the tax inspection
decision.
Pursuant to these regulations:
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If the taxpayer
submits no tax declaration dossier by the prescribed deadline, the tax
declaration dossier marked “initial” submitted after the deadline shall be
considered the belated official tax declaration dossier.
- The tax declaration dossier
which is submitted to the tax authority after the prescribed deadline and
marked “.....supplementary declaration” (item 03) for supplementing or
modifying the official or belated official tax declaration dossier shall be
considered supplementary tax declaration dossier.
Example 1:
+ If only a tax return – Form 01/GTGT marked
“initial” for the tax period of March, 2015 is submitted on April 20, 2015, it
shall be considered the official tax declaration dossier for the tax period of
March, 2015.
+ If 03 tax returns – Form 01/GTGT marked “initial”
for the tax period of March, 2015 are submitted in turn on April 15, 17, and
20, 2015, the tax return submitted on April 20, 2014 shall be considered the
official tax declaration dossier for the tax period of March, 2015.
+ If a tax return – Form 01/GTGT marked “initial”
for the tax period of March, 2015 is submitted on April 20, 2015, and a tax
return – Form 01/GTGT marked “the 1st supplementary declaration” for
the tax period of March, 2015 is submitted on April 23, 2015 for supplementing
or modifying the tax return – Form 01/GTGT submitted on April 20, 2015, the tax
return submitted on April 23, 2015 shall be considered the 1st
supplementary tax declaration dossier for the tax period of March, 2015.
In case tax declaration dossier is submitted
electronically, the submission time shall be determined based on the acknowledgement
receipt of electronic tax declaration dossier issued by the tax authority or
T-VAN service provider (if the taxpayer uses T-VAN services).
Tax declaration dossiers shall be received by tax
authorities according to the following rule: only a supplementary tax
declaration dossier submitted after an official tax declaration dossier shall
be accepted; supplementary tax declaration dossiers must be numbered in
chronological order.
Example 2:
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+ A taxpayer has submitted a tax return – Form
01/GTGT marked “the 1st supplementary tax declaration” for the tax
period of March, 2015 on April 25, 2015. On April 27, 2015, another tax return
– Form 01/GTGT marked “the 1st supplementary tax declaration” for
the tax period of March, 2015 is submitted. The latter shall be refused. On
April 28, 2015, the taxpayer submits a tax return – Form 01/GTGT marked “the 2nd
supplementary tax declaration” for the tax period of March, 2015. This tax
return shall be accepted.
2. Forms
used in supplementary declaration
Pursuant to Point b, Clause 5 Article 10 of the
Circular No. 156/2013/TT-BTC dated November 06, 2013 of the Ministry of Finance
of Vietnam, a supplementary tax declaration dossier consists of:
“- The modified tax return;
- A written explanation
(Form No. 01/KHBS enclosed herewith), if the supplementary declaration leads to
an increase or decrease in the tax amount payable);
- Supporting documents.”
Pursuant to these regulations:
- In case a taxpayer submits a
supplementary tax declaration dossier but the form of the tax return of the
erroneous tax period is no longer valid and replaced by a new form, the
taxpayer shall use the form of the tax return effective at the time of
submission of the supplementary tax declaration dossier.
- In case a taxpayer modifies
items on the tax return which are consolidated from relevant appendixes, the
supplementary tax declaration dossier must be accompanied by such appendixes.
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3. Inclusion of invoice
declaration in tax declaration dossier
a) Declaration of omitted invoices
- Clause 6 Article 1 of the Law
No. 31/2013/QH13 stipulates:
“dd) Input VAT shall be declared and deducted in the month in which
it is incurred. If the taxpayer finds that the input VAT is incorrectly declared,
an adjustment may be made before the tax authority announces the tax inspection
decision.”
- Pursuant to the Circular No.
219/2013/TT-BTC dated December 31, 2013 of the Ministry of Finance of Vietnam:
+ Article 8 stipulates the time for VAT calculation
as follows:
“1. For goods sale, VAT shall be calculated when
the ownership or the right to use goods is transferred to the buyer, whether
the payment is made or not.
2. For service provision,
VAT shall be calculated when the service provision is completed or when the
invoice for service provision is made, whether the payment is made or not....”
+ Point a Clause 5 Article 12 stipulates: “The
taxpayer that is eligible to pay VAT using credit-invoice method must calculate
and pay VAT on goods and services when they are sold.”
+ Clause 8 Article 14 stipulates: “Input VAT
shall be declared and deducted in the period during which it is incurred,
whether the goods are used or still in storage.
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Pursuant to these regulations, any omitted invoices
of previous tax periods shall be declared and deducted as follows:
- The seller shall make additional
declaration or adjustment to the VAT declaration for the period in which output
invoices are issued.
Example 4: In April, 2015, a taxpayer finds
that an output VAT invoice issued in January, 2015 has been not yet declared,
the taxpayer shall make an adjustment to the VAT declaration of January, 2015
as prescribed.
- The buyer shall declare and
deduct the omitted invoices in the tax period in which such omission is
detected but before the tax authority or competent authority announces the tax
inspection decision.
Example 5: In May, 2015, a taxpayer finds
that an input invoice issued in December, 2014 has been not yet declared, the
taxpayer may additionally declare such invoice in “Section I – Goods and
services bought in the period” of Form 01/GTGT for the tax period of April,
2015 (if the tax declaration deadline has not yet passed) or of May, 2015 provided such declaration must be
made before the tax authority or competent authority announces the tax
inspection decision.
b) Declaration of correction invoices
Pursuant to the Circular No. 39/2013/TT-BTC dated
March 31, 2014 of the Ministry of Finance of Vietnam providing guidelines on
invoices for goods sale and service provision:
- Clause 3 Article 20
stipulates: “If an issued invoice has been given to the buyer but is found
erroneous, the goods/services have been delivered, and both the buyer and
seller have completed tax declaration, the seller and the buyer shall make a
record or enter into a written agreement specifying the error, and the seller shall
issue a correction invoice. The correction invoice shall specify the
corrections (increase/decrease) to the quantity of goods, price, VAT rate
and/or VAT amount specified in the invoice No……..reference No…….. Based on the
correction invoice, the seller and buyer shall declare corrections to their
revenues, input and output VAT. No negative
numbers are written on the correction invoice.”
- Point 2.8 of Appendix 4
stipulates: “If an issued invoice has been given to the buyer and the buyer
has received the goods but then the goods have been entirely or partially
returned to the seller because the buyer finds that such goods fail to meet the
agreed-upon specifications or quality requirements, the buyer shall issue an
invoice clearly stating that the goods are returned to the seller because they
fail to meet the agreed-upon specifications or quality requirements, and the
VAT amount (if any).
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Pursuant to these regulations, if an issued invoice
has been given to the buyer, the goods have been delivered, and the seller and
the buyer have completed VAT declaration procedures as prescribed, but then the
seller and the buyer have found that the goods fail to meet the agreed-upon
specifications or quality requirements, agreed to entirely or partially return
the goods or adjust the value of goods sold, a return invoice or correction invoice shall be issued as prescribed. Based on
the issued return invoice or correction invoice, the seller shall adjust the
sales revenue and output VAT and the buyer shall adjust the costs of goods
purchased and input VAT in the tax period in which the invoice is issued for
returning goods or a correction invoice is issued.
Example 6: In May 2015, Company A has issued
a sales invoice to Company B with total value of goods sold is VND 100 million
and input VAT payable is VND 10 million. Both Company A and Company B have
declared this invoice as prescribed. In July 2015, Company B has found that the
goods fail to meet the agreed-upon specifications or quality requirements.
- If Company B returns the
entire goods, Company B shall issue an invoice when returning goods to Company
A with total value of goods returned is VND 100 million and VAT payable is VND
10 million. Based on the return invoice, Company A shall record a decrease in
its sales revenue and output VAT and Company B shall record a decrease in its
costs of goods purchased and input VAT for the tax period of July 2015 (if the
tax declaration deadline has not yet passed)
or of August 2015.
- If two parties agree to
reduce the selling price, Company A shall issue a correction invoice recording
a decrease in the value of goods and VAT as prescribed. Based on the correction
invoice, Company A shall record a decrease in its sales revenue and output VAT
and Company B shall record a decrease in its costs of goods purchased and input
VAT for the tax period of July 2015 (if the tax declaration deadline
has not yet passed) or of August 2015.
4. Supplementary
declaration resulting in increase/decrease in tax deducted
Pursuant to Clause 5 Article 10 of the Circular No.
156/2013/TT-BTC dated November 06, 2013 of the Ministry of Finance of Vietnam:
- In case the taxpayer has
stopped deducting tax and applied for tax refund, and made a supplementary
declaration to record a decrease in deductible VAT of erroneous tax periods in
the tax refund period, the decrease shall be written in the item “Decrease in
deductible VAT of previous periods” on the current VAT return, and the taxpayer
shall make supplementary declaration for the tax period in which a claim for
tax refund is submitted, and specify the amount of tax refund in the item
“Increase in deductible VAT of previous periods” on the current VAT return. In
case the taxpayer has already received the tax refund, when the taxpayer makes
supplementary declaration for the tax period in which a claim for tax refund is
submitted, the taxpayer shall return the tax amount that has been refunded
incorrectly, equivalent to the decrease in tax refund specified in the tax
return, and incur late payment interest for the period from the date on which
the State Treasury signs the order for return of state budget revenues or the
order for return and offsetting of state budget revenues to the date on which
the supplementary declaration is made.
Example 7: On the VAT return of December
2014, Company C has claimed a refund of VND 900 million (for the tax period
from January 2014 to December 2014) and has received the tax refund of VND 900
million. In July 2015, Company C has made a supplementary declaration dossier
for May, 2014 (of the tax refund period) which leads to a decrease of VND 50
million in the deductible tax due to its failure to meet tax deduction
conditions (The deductible VAT carried forward to the next period specified in
the VAT return for May 2014 is VND 120 million. Now, the Company makes a
decrease of VND 50 million in deductible VAT due to its failure to meet tax
deduction conditions resulting in the deductible VAT carried forward to the
next period decreased to VND 70 million). Such decrease of VND 50 million shall
be written in the item “Decrease in deductible VAT of previous periods” on the
VAT return of July 2015 (if the tax declaration deadline has not yet passed) or
of August 2015. Additionally, Company C shall make supplementary declaration
dossier for the tax period of December 2014 to decrease the claimed tax refund
from VND 900 million to VND 850 million. Such decrease of VND 50 million in tax
refund shall be specified in the item “Increase in deductible VAT of previous
periods” on the VAT return of July 2015 (if the tax declaration deadline has
not yet passed) or of August 2015. Late payment interest shall be charged on
the tax amount of VND 50 million which has been refunded incorrectly for the
period from the date on which the State Treasury signs the order for return of
state budget revenues or the order for return and offsetting of state budget
revenues to the date on which Form No. 01/KHBS is submitted together with the
supplementary declaration dossier for the tax period of December 2014.
- In case the taxpayer makes a
decrease in deductible tax and increase in tax payable resulting in its
ineligibility for tax refund, the taxpayer shall calculate the late payment
interest on the increase in the tax payable, return the entire tax amount
incorrectly refunded and late payment interest for the period from date on
which the State Treasury signs the order for return of state budget revenues or
the order for return and offsetting of state budget revenues to the date on
which the supplementary declaration is made. The tax amount which is not
eligible for refund but eligible for deduction shall be written in the item
“Increase in deductible VAT of previous periods” on the current VAT return.
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- In case the taxpayer has
stopped deducting tax and submitted a claim for tax refund, and the taxpayer
has made a supplementary declaration which leads to an increase in VAT that
remains after deduction of the erroneous tax period in the tax refund period,
the taxpayer may not increase the amount of tax refund on the VAT return. The
increase in deductible tax shall be written in the item “Increase in
deductible VAT of previous periods” on the current VAT return.
5. Declaration
of VAT on investment projects
- Article 5 of the Law No.
71/2014/QH13 amends some Articles of the Law on tax administration No. 78/2006/QH11
as amended in the Law No. 21/2012/QH13. To be specific:
1. Clause 1, Clause 1a and
Clause 6 Article 31 are amended as follows:
“1. The tax declaration dossier of taxes which
are declared and paid monthly is the monthly tax return;
1a. The tax declaration dossier of taxes which are
declared and paid quarterly is the quarterly tax return;”.
- Pursuant to Clause 8 Article
39 of the 2014 Investment Law, an investment registration certificate shall,
inter alia, contain the following information: “8. Project execution
schedule: fundamental construction schedule and planned date of inauguration
(if any); schedule of achievement of primary operational objectives or items of
the projects; objectives, duration and contents of operation of each stage (if
the project is divided into multiple stages).”.
- Point c Clause 3 Article 11
of the Circular No. 156/2013/TT-BTC dated November 06, 2013 stipulates:
c) Where a taxpayer eligible to pay VAT using
credit-invoice method is making investment in a project in the same province as
its headquarter, a separate tax declaration for the investment project shall be
made. The VAT on purchased goods and services serving the project shall be
offset against the VAT on the current business. The VAT on purchased goods and
services serving the project which remains after offsetting shall be refunded.
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If the taxpayer
establishes project management boards or branches in the provinces other than
the one where it is headquartered to manage one or multiple projects;........
When the investment project is complete as well as the procedures for business
registration and tax registration, the investor of the project must provide the
new company with information about the amounts of VAT that are new, refunded,
and not refunded so that it can declare, pay tax, and claim tax refund in
accordance with applicable regulations.”
Clause 12(a) Article 1 of the Circular No.
26/2015/TT-BTC (dated February 27, 2015 of the Ministry of Finance of Vietnam
providing guidelines for value-added tax and tax administration prescribed in
the Government's Decree No. 12/2015/ND-CP dated February 12, 2015 on guidelines
for the Law on amendments to laws and decrees on taxations, and amendments to
the Circular No. 39/2014/TT-BTC dated March 31, 2014 of the Ministry of Finance
of Vietnam on invoices for goods sale and service provision) provides
guidelines on refund of VAT on projects in the same province as the taxpayer’s
headquarter.
Pursuant to these regulations:
- If the taxpayer is a new
enterprise established from an investment project (except for projects on
construction of housing for sale) and eligible to pay VAT using credit-invoice
method, the VAT return – Form 02/GTGT shall be used when declaring VAT on the
investment project.
- Where a taxpayer that is carrying out business
and eligible to pay VAT using credit-invoice method (using Form 01/GTGT) is
executing an investment project (except for projects on construction of housing
for sale), the taxpayer shall make a separate tax declaration for the investment
project (using Form 02/GTGT) and offset the VAT on purchased goods and services
serving the project against the VAT on its current business. The maximum VAT on
the project that may be offset is equal to the VAT payable on the taxpayer’s
current business in the same period.
If errors are found after the VAT declaration
dossier (Form 01/GTGT and Form 02/GTGT) is submitted, the taxpayer shall make
supplementary declaration according to the following provisions:
+ If the supplementary declaration leads to a
decrease in VAT payable on the taxpayer’s business (item 40a) and the taxpayer
must make a decrease in item 40b “Input VAT of the
investment project offset against the VAT payable on business in the same
period” on Form 01/GTGT, the taxpayer shall make a decrease in item 28a “Input
VAT of the investment project offset against the VAT payable on business in the
same period” on Form 02/GTGT in the corresponding tax period. The decrease in
the offset VAT amount specified in Form 02/GTGT shall be specified in item
“Increase in VAT on purchased goods and services of previous periods” on Form
02/GTGT of the current period. If the investment project has been completed,
the decrease in the VAT payable specified in Form 01/GTGT shall be specified in
item “Increase in deductible VAT of previous periods” on Form 01/GTGT of the
current period.
Example 9: In January 2015, Company G has
submitted the official VAT declaration dossier.
Form 01/GTGT
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VAT payable on business (item 40a): VND 200
million
Input VAT on goods and services (item 28): VND
300 million
Input VAT of the investment project offset
against the VAT payable (item 40b): VND 200 million
Total VAT payable (item 40): VND 0 million.
Input VAT of the investment project offset
against the VAT payable (item 28a): VND 200 million
VAT carried forward to the next period (item 32):
VND 100 million
In May 2015, Company G has submitted the
supplementary declaration dossier for the tax period of January 2015 as
follows:
Form 01/GTGT
Form 02/GTGT
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Input VAT of the investment project offset
against the VAT payable (item 40b): VND 150 million
Total VAT payable (item 40): VND 0 million.
Input VAT on goods and services (item 28): VND
300 million
Input VAT of the investment project offset
against the VAT payable (item 28a): VND 150 million
VAT carried forward to the next period (item 32):
VND 150 million
Company G shall write the increase in deductible
VAT on Form 02/GTGT (VND 50 million) in the item “Increase in VAT on purchased
goods and services of previous periods” (item 25) on Form 02/GTGT of May 2015
(if the tax declaration deadline has not yet passed) or of June 2015.
+ If the taxpayer makes a decrease in input VAT of
the investment project resulting in a decrease in item 28a of Form 02/GTGT,
such decrease in VAT shall be specified in item “Decrease in VAT on purchased
goods and services of previous periods” on Form 02/GTGT of the current period.
Additionally, the taxpayer makes a decrease in item 40b on Form 01/GTGT of the
corresponding tax period resulting in an increase in VAT payable. In this case,
the taxpayer shall pay the increase in VAT payable and calculate late payment
interest as prescribed.
Example 10: In March 2015, Company I has
submitted the VAT declaration dossier.
Form 01/GTGT
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VAT payable on business (item 40a): VND 200
million
Input VAT of the investment project offset
against the VAT payable (item 40b): VND 200 million
Total VAT payable (item 40): VND 0 million.
Input VAT on goods and services (item 28): VND
300 million
Input VAT of the investment project offset
against the VAT payable (item 28a): VND 200 million
VAT carried forward to the next period (item 32):
VND 100 million
In June 2015, Company I has submitted the
supplementary declaration dossier for the tax period of March 2015 as follows:
Form 01/GTGT
Form 02/GTGT
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Input VAT of the investment project offset
against the VAT payable (item 40b): VND 100 million
Total VAT payable (item 40): VND 100 million.
Input VAT on goods and services (item 28): VND
100 million
Input VAT of the investment project offset
against the VAT payable (item 28a): VND 100 million
VAT carried forward to the next period (item 32):
VND 0 million
The decrease in deductible VAT (VND 100 million) on
the supplementary declaration Form 02/GTGT shall be specified in item “Decrease
in VAT on purchased goods and services of previous periods” on Form 02/GTGT of
June 2015 (if the tax declaration deadline has not yet passed) or of July 2015.
Company I shall pay the increase in VAT payable (VND 100 million) on the
supplementary declaration Form 01/GTGT, and shall calculate and pay late
payment interest on such amount to state budget as prescribed.
- In case the investment
registration certificate or a decision issued by a competent authority (in case
the investment registration certificate is not required) includes
information on the project execution schedule and planned date of inauguration
of the project, the refund of tax on the project shall be considered and paid
in conformity with the project execution schedule as prescribed in Clause 12(a)
Article 1 of the Circular No. 26/2015/TT-BTC. In case the investment
registration certificate or a decision issued by a competent authority (in case
the investment registration certificate is not required) provides no
information on the project execution schedule and planned date of inauguration
of the project, the taxpayer shall not be allowed to separately declare input
VAT on the project since the project generates revenues but shall aggregate it
with VAT on the taxpayer's business and claim a refund of VAT on its business.
In case the taxpayer earns revenues from the
ongoing project (from selling of scraps, sample products, etc.), the taxpayer
shall declare revenues from investment on Form 01/GTGT and offset the input VAT
on the investment project against the VAT payable on Form 01/GTGT. The maximum
VAT on the project that may be offset is equal to the VAT payable on Form
01/GTGT.
6. Some cases of
declaration on item “Increase/decrease in deductible VAT of previous periods”
on VAT return
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Example 11: On the VAT return of April 2015,
Company M has stopped deducting tax and submitted a claim for tax refund of VND
800 million. The tax authority has issued a tax refund decision on June 02,
2015 with the tax refund of VND 600 million enclosed with a notice of partial
rejection of the tax refund claim on June 02, 2015 in which the amount of
deductible tax is VND 150 million, and the tax amount ineligible for tax refund
is VND 50 million due to lack of documentary evidences of payment by bank
transfer. Based on the notice, Company M shall specify the amount of deductible
tax is VND 150 million in item “Increase in deductible VAT of previous
periods" (item 38) on the VAT return of May 2015 (if the tax declaration
deadline has not yet passed) or of June 2015.
- In case the tax authority or competent authority has issued a conclusion
or decision on settlement of increase or decrease in deductible VAT, the
taxpayer shall, based on the received conclusion or decision, fill out the item
“Increase/decrease in deductible VAT of previous periods" on the
VAT return of the tax period in which the taxpayer receives the conclusion or decision.
Example 12: In August 2015, Company N has
received a decision on penalties for tax offences after an inspection of the
taxpayer’s compliance with tax laws during 2014, in which the deductible VAT in
2014 is decreased by VND 100 million, Company N shall specify the decrease in
item “Decrease in deductible VAT of previous periods" on the VAT return of
August 2015 (if the tax declaration deadline has not yet passed) or of
September 2015.
- When receiving transfer of
VAT from the project owner, the taxpayer that is a new enterprise established
from the investment project shall declare the VAT amount in the item
"Increase in deductible VAT of previous periods" on Form 01/GTGT of
the tax period in which such VAT is transferred.
If the taxpayer that is a new enterprise
established from an investment project which has been put into operation has the input VAT of the project remaning after
deduction is smaller than VND 300 million, such amount of input VAT
shall be specified in the item “Increase in deductible VAT of previous periods”
on Form 01/GTGT of the tax period in which the project is put into operation.
The taxpayer shall claim VAT refund according to
Clause 1 Article 18 of the Circular No. 219/2013/TT-BTC dated December 31, 2013
of the Ministry of Finance of Vietnam. The tax refund period shall commence
from the date on which the taxpayer fills out the item “Increase in deductible
VAT of previous periods” on Form 01/GTGT.
- If the taxpayer receives
transfer of deductible VAT upon merger or conversion of business type, such
amount of deductible VAT shall be specified in the item "Increase in
deductible VAT of previous periods” on Form 01/GTGT of the tax period in which
the taxpayer receives the notice of transfer of tax obligations.
7. Some
other cases
a) Article 4 of the Law on value added tax No.
13/2008/QH12 dated June 03, 2008 stipulates that:
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Pursuant to these regulations, the taxpayer is not
required to declare and pay VAT if only manufacturing, trading or providing
goods or services which are not subject to VAT. In case of selling or provision
of goods or services subject to VAT (e.g. asset liquidation, etc.), the
taxpayer shall use invoices sold by tax authorities and pay tax as prescribed.
b) When submitting VAT declaration dossier, the
amount specified in item “Deductible VAT carried forward from the previous
period” must be equal to the amount specified in item “Deductible VAT carried
forward to the next period” on the official tax declaration dossier of the
previous tax period.
Example 13:
- The amount specified in the
item “Deductible VAT carried forward from the previous period” (item 22)
on the official VAT return – Form 01/GTGT of April 2015 submitted by Company K
on May 20, 2015 must be equal to that specified in the item “Deductible VAT
carried forward to the next period” (item 43) on the official VAT return –
Form 01/GTGT of March 2015.
- If, on June 15, 2015,
Company K has submitted a supplementary VAT return – Form 01/GTGT of April 2015,
the amount specified in the item “Deductible VAT carried forward from the
previous period” (item 22) on that supplementary VAT return must be equal
to that specified in the item “Deductible VAT carried forward to the next
period” (item 43) on the official VAT return – Form 01/GTGT of March 2015.
c) If the taxpayer has stopped deducting tax and
has submitted a claim for tax refund which has not yet been processed by the
tax authority, the taxpayer shall provide a written explanation indicating the
claimed amount and the unclaimed amount which is the result of removal of some
invoices ineligible for tax refund of one or some tax periods of the tax refund
period. The tax authority shall consider giving tax refund according to the
claim and written explanation submitted by the taxpayer without requesting the
taxpayer to make supplementary declaration dossiers for months of the tax
refund period for decreasing the deductible tax amount.
d) If any increase in VAT payable or decrease in
deductible VAT is found by the inspection team during the inspection of the
taxpayer’s fulfillment of its tax obligations, the tax authority
shall re-determine VAT obligations to be fulfilled
by the taxpayer from the tax period in which such increase in VAT payable or
decrease in deductible VAT is found to the end of the inspection period and impose penalties for tax offenses as prescribed.
Example 14: In August 2015, during the
inspection of Company X’s compliance with tax laws in 2014, the tax authority
finds a decrease in deductible VAT on the tax return of July 2014 from VND 200
million to VND 100 million, the tax authority shall re-determine VAT
obligations from July 2014 according to the amount of VND 100 million of
deductible VAT carried forward to the next period to the end of the inspection
period (December 2014) and impose penalties for tax offenses as prescribed.
Departments of Taxation of provinces and
central-affiliated cities are requested to comply with guidelines herein./.
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PP. DIRECTOR
GENERAL
DEPUTY DIRECTOR GENERAL
Nguyen Dai Tri