Many individuals and business households are confused by new tax regulations, especially regarding revenue declaration, use of electronic invoices and handling of goods without input invoices.
From June 01, 06, business households with revenue of over 2025 billion VND are required to apply electronic invoices generated from cash registers and connect data with tax authorities.
According to many tax forums, many individuals and business households are confused by the new regulations, especially regarding revenue declaration, use of electronic invoices and handling of goods without input invoices.
❓ Without input invoice, can I issue output invoice?
Previously, buying and selling without invoices or using only handwritten papers was very common, especially with goods imported from wholesale markets and familiar agents. But now, with the regulation of declaring according to reality, business households are confused about whether they have to prepare all clear input invoices and documents if they want to legalize goods when selling.
Mr. Nguyen Ngoc Tu - former Director of General Department of Taxation, former editor-in-chief Tax Magazine – for businesses, direct tax is calculated at a fixed rate of 1.5 – 4.5% on revenue (depending on the industry).
Unlike the deduction method, this form does not allow input tax compensation, so there is no need to worry about full input invoices. Although there is no need to worry too much because the conversion also needs a roadmap, experts also point out that requiring full input invoices will reduce other legal risks regarding goods of unknown origin...
But now, with the regulation of declaration according to reality, businesses are required to have clear input invoices and documents if they want to legalize goods when selling.
Exchange with Youth Online, lawyer Nguyen Thanh Phong (Phap Tri Law Firm, Hanoi Bar Association) said that input invoices are the type of invoices provided when purchasing goods, materials and paying for services to serve business activities.
Input invoices are important in accounting and tax management, and are the basis for businesses to account for expenses, deduct and settle taxes.
"Businesses are not allowed to issue output invoices without input invoices," said Mr. Phong.
Mr. Phong also warned that the act of issuing output invoices without input invoices is a violation of the law on the time of invoice issuance and can be subject to an administrative fine of up to 8 million VND.
Serious cases may also be considered for criminal prosecution for tax evasion.
However, according to the provisions of Clause 2, Article 3, Circular 119/2014/TT-BTC, in some cases such as lending, borrowing or returning machinery, equipment, and materials - if there is a valid contract and documents - then the business establishment is not required to issue invoices, calculate and pay VAT.
🤔 Do online retailers need to use cash registers?
According to experts, e-commerce businesses with revenue of 1 billion VND/year or more, subject to tax declaration, are also required to use electronic invoices with tax authority codes, generated from cash registers.
Specifically, lawyer Nguyen Thanh Phong said that business households and business individuals who meet the following conditions will be required to use electronic invoices from cash registers: Having a revenue of 1 billion VND or more; selling goods and providing services directly to consumers, including shopping malls, supermarkets, retail stores (except for cars, motorbikes, scooters and other motor vehicles); food and beverage establishments, restaurants, hotels; passenger transport services, road transport support; art services, entertainment, recreation, cinemas, other personal services according to economic sector regulations.
Mr. Phan Phuong Nam – Deputy Head of the Commercial Law Department, Ho Chi Minh City University of Law – said that for decades, many small businesses have been using handwritten invoices. Now, finding a source of goods with complete invoices and documents also takes time.
For previously purchased goods without input invoices, businesses need specific guidance from tax authorities.
Propaganda, training and support should be stepped up, and there should be a 1-2 year transition roadmap for people to adapt. If harsh punishment is imposed immediately, it could cause widespread panic and anxiety, Mr. Nam said.
⚠️ Don't try to evade tax obligations
According to tax experts, in the context of increasingly transparent laws and increasingly interconnected data systems, ignorance or intentional evasion of tax obligations can lead to serious legal consequences.
A tax official said that many business households still use cash transactions to avoid declaring actual revenue.
However, with current management technology, tax authorities can rely on many different data sources - from input invoices, cash flow, to the amount of goods transported and consumed - to analyze, compare and determine tax obligations.
“Tax is a mandatory obligation, but implementing it correctly and fully is also the foundation for businesses to operate transparently and develop stably and sustainably,” he emphasized.
Article source: Tuoi Tre Online Newspaper
