Headlines 07/06/2023 16:58 CH

Guideline for the issuance of 2% VAT-reduction invoices following Decree No. 15/2022/ND-CP of the Government of Vietnam

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On May 29, 2023, the General Department of Taxation of Vietnam promulgated Official Dispatch No. 2121/TCT-CS on some cases of issuance of 8% VAT invoices following Decree No. 15/2022/ND-CP

According to the Official Dispatch, the guideline of the General Department of Taxation of Vietnam for the issuance of invoices is as follows:

- In case it is required to issue adjustment or replacement invoices for goods or services eligible for VAT reduction according to Decree No. 15/2022/ND-CP due to errors detected after December 31, 2022:

+ In case the error does not affect the amount payable and VAT payable or in case of adjustment to taxable prices, the adjustment or replacement invoice shall apply the VAT rate of 8%;

+ In case the error in the number of goods leads to errors in amount payable and VAT payable, the adjustment or replacement invoice shall apply the VAT rate applicable at the time of issuance of such invoice.

- In case the goods have been purchased before January 1, 2023 with an 8% tax rate but are returned after December 31, 2022 due to improper specifications or quality, the seller shall issue a goods return invoice to adjust or replace the issued invoice with an 8% VAT invoice. The invoice must specific that the seller and buyer may agree the return of the goods.

- In case discounts are applied to goods eligible for a 2% VAT reduction sold in 2022 but such trade discounts are only displayed in invoices issued from January 1, 2023:

+ If the discount amount is given on the last purchase or a purchase after December 31, 2022, such discount shall be used to adjust the taxable price. The tax rate shall comply with regulations of law that are applicable when the invoice is issued.

+ If the discount is given at the end of the discount program (period) after December 31, 2022, the seller shall issue an adjustment invoice and apply 8% VAT at the time of sale.

- In case invoices for revenues generated from February 1, 2022 to December 31, 2022 of business establishments that sell goods and provide services (eligible for VAT reduction according to Decree No. 15/2022/ND-CP) from construction, installation with acceptance and handover periods of works, work items, construction volume, and installation completion regardless of whether the money has been received or not, are issued after December 31, 2022:

+ Such business establishments are still eligible for VAT reduction under Decree No. 15/2022/ND-CP;

+ Such business establishments shall be fined for untimely issuance of invoices.

See more details in Official Dispatch No. 2121/TCT-CS dated May 29, 2023.

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