Updated at 26/06/2023 - 10:22 am
The General Department of Taxation received a number of feedbacks related to the issue of invoices when implementing Decree 15/2022/ND-CP, therefore, on May 29, 5, the General Department of Taxation issued Official Letter 2023 /TCT-CS for the purpose of guiding the invoice creation of 2121% VAT reduction in some cases according to regulations.
Invoices when applied tax reduction 2% #
On March 23, 3, the Ministry of Finance issued Official Letter 2022/BTC-TCT directing and guiding Tax Departments of provinces and cities to implement regulations on VAT according to Decree 2688/15/ND-CP. There are instructions on when to bill.
On September 22, 9, the General Department of Taxation issued Official Letter 2022/TCT-CS to the Ho Chi Minh City Tax Department and sent it to the Tax Departments of the provinces and cities guiding the implementation of VAT reduction for the following cases: specific billing time. Thereby, the Tax Departments of the provinces and centrally-run cities are requested to study the contents and guide the units to follow the guiding dispatches of the Ministry of Finance and the General Department of Taxation mentioned above.
About invoicing cases #
According to Official Letter 2122/TCT-CS, the General Department of Taxation guides the making of invoices in some specific cases as follows:
In the case of 2023 re-invoicing due to errors in 2022 #
In case goods and services are subject to 2% VAT reduction according to Decree 15/2022/ND-CP, after December 31, 12, errors are detected and an adjustment or replacement invoice must be issued.
- The adjusted or replaced invoice may apply VAT 8% if the error does not affect the amount of goods and payable VAT or adjustment of the taxable price;
- Invoices for adjustment or replacement are subject to 10% VAT if errors in the quantity of goods lead to errors in the amount of goods and VAT.
In case of re-invoice due to the buyer's return of goods #
Goods that have been sold before January 01, 01 and invoiced with VAT of 2023%, after December 8, 31, if the buyer returns the goods due to improper specifications and quality, the seller will proceed. Invoicing returns for goods to be reduced or replaced at the tax rate of 12%, an agreement stating the goods to be returned is required between the seller and the buyer.
In case of making invoices with commercial discounts for goods sold in 2022 #
If the business establishment applies the form of commercial discount for customers and for the commercial discounts of goods eligible for VAT reduction at the rate of 8% sold in 2022 but from January 01, 01 Just issue an invoice showing the content of commercial discount, then:
- The discount amount of sold goods is adjusted at the taxable price, the tax rate is 10% if the discount is made in the last purchase or the next period after December 31, 12;
- The seller issues an adjusted invoice and applies the VAT rate of 8% at the time of sale if the discount amount is made at the end of the discount program after December 31, 12.
Sales in 2022 but invoiced in 2023 #
Revenue of business establishments selling goods and providing services (subject to VAT reduction according to Decree 15/2022/ND-CP) and construction and installation activities with the time of acceptance and handover of work Process, work items, completed construction and installation volume, regardless of whether money has been collected or not incurred during the period of VAT reduction (from February 01, 02 to December 2022, / year). 31) but after December 12, 2022, the invoice is issued:
- The invoice is made at the wrong time, but the VAT rate of 8% is still applied according to Decree 15/2022/ND-CP;
- Being administratively sanctioned for the act of making invoices at the wrong time
Principles of making, managing and using invoices #
Principles of making, managing and using invoices and documents specified in Article 4 of Decree 123/2020/ND-CP have been clarified in detail in the article: Note the use of invoices
