Regulations and instructions for implementing online investment reports in Vietnam.
The reporting process summarizes the annual monitoring and evaluation of investment programs and projects.
What is the activity of purchasing goods and services in the form of a List? #
According to the provisions of Article 6 of Circular No. 78/2014/TT-BTC, amended and supplemented in Clause 2, Article 6 of Circular No. 119/2014/TT-BTC, amended and supplemented in Article 1 Circular No. 151/2014/TT-BTC, and amended and supplemented in Article 4 of Circular 96/2015/TT-BTC, effective from August 06, 08:
“2.4. Expenses for businesses to purchase goods and services (without invoices, it is allowed to prepare a List of purchases of purchased goods and services according to form No. 01/TNDN attached to Circular No. 78/2014/TT-BTC) In the following cases:
- Purchasing agricultural, forestry and aquatic products of producers and fishermen directly selling;
- Purchase handicraft products made of jute, rush, bamboo, leaf, rattan, straw, coconut shell, coconut skull or salvaged raw materials from agricultural products of non-commercial manual production out;
- Buying soil, stone, sand and gravel from households and individuals directly exploiting and selling them;
- Buy scrap of direct collectors;
- Purchase of assets and services of households and individuals not directly selling;
- Purchase of goods and services from individuals and business households (excluding the cases mentioned above) with a revenue level below the value-added tax revenue threshold (100 million VND/year).”
Thus, when an enterprise purchases goods or services in the above cases, it is allowed to prepare a List of purchases of goods and services according to the prescribed form and be deducted from input costs when calculating corporate income tax. Karma.
What is the form of purchase list of goods and services, form 01/TNDN? #
The list of purchases of goods and services does not have to use an arbitrary form but must use the prescribed form 01/TNDN in the following form:
Things to note when making a list of purchases of goods and services without invoices:
- Based on the actual number of the above items for which the seller's purchasing unit does not have an invoice, prepare a declaration in order of time of purchase, the enterprise records all indicators on the declaration, and summarizes the declaration. Monthly.
- Purchased goods prepared according to this list are based on purchase and sale documents prepared between the seller and the buyer, clearly stating the quantity and value of the purchased items, date and month of purchase, address and ID card number of the buyer. sale and signed by the seller and buyer.
- For businesses that organize purchasing stations in many places, each purchasing station must prepare a separate list. The enterprise prepares a general summary list of the stations.
What specific conditions must the list of purchases of goods and services meet? #
As mentioned above, the purchase list is a list of information used as a basis for declaration when calculating corporate income tax. The purchase and sale of goods and services between businesses and sellers must be based on the purchase documents. sell.
Below is our advice on the required set of business purchase and sale documents as follows:
1. Information about the seller must be complete, accurate, legal and verifiable:
- ID card or CCCD Legally effective: Enterprises must store a legally valid copy of the CCCD (legally notarized copy)
- Contact address: Enterprises must store the seller's address information and be suitable for "directly creating products".
- Contact phone number (Should be the seller's official number).
- Sample signature of the seller, in case the seller authorizes, collect the corresponding authorized person documents and collect the seller/authorizer sample signature.
2. Documents on purchase and sale activities:
- Sales contract / Delivery record / Goods weighing record signed by the seller.
- Payment record / Payment slip to the seller with the seller's signature if cash is paid
- Authorize payment via bank if payment is via bank transfer.
3. Documents proving the seller's direct production/fishing/exploitation/collection
- Proving this point is very diverse and depends on the reality of each case: For example, documents proving ship owner, land owner...
Do I have to ask for confirmation from the local government for form 01/TNDN? #
Currently, regulations on lists of goods and services purchased without invoices are implemented according to the provisions of Point 2.4, Clause 2, Article 6 of Circular 78/2014/TT-BTC. As follows:
According to the provisions of Point 2.4, Clause 2, Article 6, Circular 78/2014/TT-BTC has regulations on the list of purchased goods and services as follows:
"The list of purchases of goods and services is signed by the legal representative or authorized person of the enterprise and is responsible before the law for accuracy and truthfulness. Enterprises purchasing goods and services are allowed to prepare a List of deductible expenses mentioned above and are not required to have non-cash payment documents. In case the purchase price of goods or services on the list is higher than the market price at the time of purchase, the tax authority will determine based on the market price at the time of purchase of the same or similar goods or services on the market. recalculate the price to recalculate deductible expenses when determining taxable income.
According to the above regulations, the form 01/TNDN purchase list of goods and services does not require confirmation from the local government.
Answer the question: Why do I often hear purchasing businesses say that they need confirmation from local authorities?
The reason is because of the difficulty in determining "directness of production/fishing/exploitation/collection of the seller" Therefore, businesses can choose to ask for confirmation from the local government for the seller to improve authenticity for the seller.
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