Headlines 29/11/2023 11:13 SA

Order of priority during classification of tax refund applications subject to inspection before refund in Vietnam

Diễm Quỳnh

On September 18, 2023, the General Director of the General Department of Taxation of Vietnam promulgated Decision No. 1388/QD-TCT 2023 on the application of risk management to the classification of VAT refund applications and selection of taxpayers for the development of inspection plans after tax refund.

According to the Decision, the classification of tax refund applications subject to inspection before refund shall be implemented according to the following orders of priority:

(i) VAT refund applications subject to review and comparison according to the current Law on Tax Administration and legislative documents prescribing and elaborating on several articles of the Law on Tax Administration for determination of cases subject to inspection before tax refund.

(ii) VAT refund applications with risk signs subject to one of the criteria index in Group I of Appendix I enclosed with Decision No. 1388/QD-TCT determined as cases subject to inspection before tax refund.

(iii) VAT refund application analyzed and classified as high risk according to the Criteria Index Set prescribed by the General Department of Taxation of Vietnam subject to the criteria index of Group II and Group III of Appendix I enclosed with Decision No. 1388/QD-TCT.

(iv) VAT refund applications analyzed and classified as high risk according to the Criteria Index Set selected by Tax Departments.

3 groups of the Criteria Index Set for classification of VAT refund applications and selection of taxpayers with risk signs

The Criteria Index Set for the classification of VAT refund applications and the selection of taxpayers with risk signs for the development of plans for inspection and examination after tax refund includes 3 groups, specifically:

- Group I: Group of Criteria Index for the classification of VAT refund applications subject to inspection before tax refund;

- Group II: Group of Criteria Index for the classification of VAT refund applications by risk scoring methods.

- Group III: Criteria Index according to management requirements of tax authorities.

See more details in Decision No. 1388/QD-TCT effective as of September 18, 2023.

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