To: Departments of Taxation of provinces and central-affiliated cities

The General Department of Taxation has received certain questions about tax declaration and supplementary tax declaration during the implementation of the Law on tax administration, the Law on amendments to the Law on tax administration, and their guiding documents. After having submitted reports to and obtaining approval from the Ministry of Finance of Vietnam, the General Department of Taxation hereby gives some guidelines as follows:

1. Determination of tax declaration dossiers

- Pursuant to Clause 1 Article 34 of the Law on tax administration No. 78/2006/QH11 prescribing supplementary tax declaration: “In case a taxpayer finds that the submitted tax declaration dossier contains errors that lead to an increase or decrease in the tax amount payable before the tax authority announces the tax inspection decision, the taxpayer is entitled to carry out supplementary declaration.”

- Clause 2 Article 5 of the Government’s Decree No. 83/2013/ND-CP dated July 22, 2013 on elaboration of the Law on tax administration and the Law on amendments to the Law on tax administration stipulates:

“2. Taxpayers shall provide accurate, truthful and adequate information in tax returns and submit adequate documents required in the tax declaration dossier to tax authorities.

In case, after the prescribed submission deadline, a taxpayer finds that the submitted submitted tax declaration dossier contains errors, the taxpayer is entitled to make supplementary declaration or modify the submitted tax declaration dossier. Supplementary or modified declaration documents may be submitted to the tax authority on any business days regardless of the next submission deadline, as long as they are submitted before the tax authority or competent authority announces the tax inspection decision.

Pursuant to these regulations:

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If the taxpayer submits no tax declaration dossier by the prescribed deadline, the tax declaration dossier marked “initial” submitted after the deadline shall be considered the belated official tax declaration dossier.

- The tax declaration dossier which is submitted to the tax authority after the prescribed deadline and marked “.....supplementary declaration” (item 03) for supplementing or modifying the official or belated official tax declaration dossier shall be considered supplementary tax declaration dossier.

Example 1:

+ If only a tax return – Form 01/GTGT marked “initial” for the tax period of March, 2015 is submitted on April 20, 2015, it shall be considered the official tax declaration dossier for the tax period of March, 2015.

+ If 03 tax returns – Form 01/GTGT marked “initial” for the tax period of March, 2015 are submitted in turn on April 15, 17, and 20, 2015, the tax return submitted on April 20, 2014 shall be considered the official tax declaration dossier for the tax period of March, 2015.

+ If a tax return – Form 01/GTGT marked “initial” for the tax period of March, 2015 is submitted on April 20, 2015, and a tax return – Form 01/GTGT marked “the 1^st supplementary declaration” for the tax period of March, 2015 is submitted on April 23, 2015 for supplementing or modifying the tax return – Form 01/GTGT submitted on April 20, 2015, the tax return submitted on April 23, 2015 shall be considered the 1^st supplementary tax declaration dossier for the tax period of March, 2015.

In case tax declaration dossier is submitted electronically, the submission time shall be determined based on the acknowledgement receipt of electronic tax declaration dossier issued by the tax authority or T-VAN service provider (if the taxpayer uses T-VAN services).

Tax declaration dossiers shall be received by tax authorities according to the following rule: only a supplementary tax declaration dossier submitted after an official tax declaration dossier shall be accepted; supplementary tax declaration dossiers must be numbered in chronological order.

Example 2:

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+ A taxpayer has submitted a tax return – Form 01/GTGT marked “the 1^st supplementary tax declaration” for the tax period of March, 2015 on April 25, 2015. On April 27, 2015, another tax return – Form 01/GTGT marked “the 1^st supplementary tax declaration” for the tax period of March, 2015 is submitted. The latter shall be refused. On April 28, 2015, the taxpayer submits a tax return – Form 01/GTGT marked “the 2^nd supplementary tax declaration” for the tax period of March, 2015. This tax return shall be accepted.

2. Forms used in supplementary declaration

Pursuant to Point b, Clause 5 Article 10 of the Circular No. 156/2013/TT-BTC dated November 06, 2013 of the Ministry of Finance of Vietnam, a supplementary tax declaration dossier consists of:

“- The modified tax return;

- A written explanation (Form No. 01/KHBS enclosed herewith), if the supplementary declaration leads to an increase or decrease in the tax amount payable);

- Supporting documents.”

Pursuant to these regulations:

- In case a taxpayer submits a supplementary tax declaration dossier but the form of the tax return of the erroneous tax period is no longer valid and replaced by a new form, the taxpayer shall use the form of the tax return effective at the time of submission of the supplementary tax declaration dossier.

- In case a taxpayer modifies items on the tax return which are consolidated from relevant appendixes, the supplementary tax declaration dossier must be accompanied by such appendixes.

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3. Inclusion of invoice declaration in tax declaration dossier

a) Declaration of omitted invoices

- Clause 6 Article 1 of the Law No. 31/2013/QH13 stipulates:
“dd) Input VAT shall be declared and deducted in the month in which it is incurred. If the taxpayer finds that the input VAT is incorrectly declared, an adjustment may be made before the tax authority announces the tax inspection decision.”

- Pursuant to the Circular No. 219/2013/TT-BTC dated December 31, 2013 of the Ministry of Finance of Vietnam:

+ Article 8 stipulates the time for VAT calculation as follows:

“1. For goods sale, VAT shall be calculated when the ownership or the right to use goods is transferred to the buyer, whether the payment is made or not.

2. For service provision, VAT shall be calculated when the service provision is completed or when the invoice for service provision is made, whether the payment is made or not....”

+ Point a Clause 5 Article 12 stipulates: “The taxpayer that is eligible to pay VAT using credit-invoice method must calculate and pay VAT on goods and services when they are sold.”

+ Clause 8 Article 14 stipulates: “Input VAT shall be declared and deducted in the period during which it is incurred, whether the goods are used or still in storage.

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Pursuant to these regulations, any omitted invoices of previous tax periods shall be declared and deducted as follows:

- The seller shall make additional declaration or adjustment to the VAT declaration for the period in which output invoices are issued.

Example 4: In April, 2015, a taxpayer finds that an output VAT invoice issued in January, 2015 has been not yet declared, the taxpayer shall make an adjustment to the VAT declaration of January, 2015 as prescribed.

- The buyer shall declare and deduct the omitted invoices in the tax period in which such omission is detected but before the tax authority or competent authority announces the tax inspection decision.

Example 5: In May, 2015, a taxpayer finds that an input invoice issued in December, 2014 has been not yet declared, the taxpayer may additionally declare such invoice in “Section I – Goods and services bought in the period” of Form 01/GTGT for the tax period of April, 2015 (if the tax declaration deadline has not yet passed) or of May, 2015 provided such declaration must be made before the tax authority or competent authority announces the tax inspection decision.

b) Declaration of correction invoices

Pursuant to the Circular No. 39/2013/TT-BTC dated March 31, 2014 of the Ministry of Finance of Vietnam providing guidelines on invoices for goods sale and service provision:

- Clause 3 Article 20 stipulates: “If an issued invoice has been given to the buyer but is found erroneous, the goods/services have been delivered, and both the buyer and seller have completed tax declaration, the seller and the buyer shall make a record or enter into a written agreement specifying the error, and the seller shall issue a correction invoice. The correction invoice shall specify the corrections (increase/decrease) to the quantity of goods, price, VAT rate and/or VAT amount specified in the invoice No……..reference No…….. Based on the correction invoice, the seller and buyer shall declare corrections to their revenues, input and output VAT. No negative numbers are written on the correction invoice.”

- Point 2.8 of Appendix 4 stipulates: “If an issued invoice has been given to the buyer and the buyer has received the goods but then the goods have been entirely or partially returned to the seller because the buyer finds that such goods fail to meet the agreed-upon specifications or quality requirements, the buyer shall issue an invoice clearly stating that the goods are returned to the seller because they fail to meet the agreed-upon specifications or quality requirements, and the VAT amount (if any).

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Pursuant to these regulations, if an issued invoice has been given to the buyer, the goods have been delivered, and the seller and the buyer have completed VAT declaration procedures as prescribed, but then the seller and the buyer have found that the goods fail to meet the agreed-upon specifications or quality requirements, agreed to entirely or partially return the goods or adjust the value of goods sold, a return invoice or correction invoice shall be issued as prescribed. Based on the issued return invoice or correction invoice, the seller shall adjust the sales revenue and output VAT and the buyer shall adjust the costs of goods purchased and input VAT in the tax period in which the invoice is issued for returning goods or a correction invoice is issued.

Example 6: In May 2015, Company A has issued a sales invoice to Company B with total value of goods sold is VND 100 million and input VAT payable is VND 10 million. Both Company A and Company B have declared this invoice as prescribed. In July 2015, Company B has found that the goods fail to meet the agreed-upon specifications or quality requirements.

- If Company B returns the entire goods, Company B shall issue an invoice when returning goods to Company A with total value of goods returned is VND 100 million and VAT payable is VND 10 million. Based on the return invoice, Company A shall record a decrease in its sales revenue and output VAT and Company B shall record a decrease in its costs of goods purchased and input VAT for the tax period of July 2015 (if the tax declaration deadline has not yet passed) or of August 2015.

- If two parties agree to reduce the selling price, Company A shall issue a correction invoice recording a decrease in the value of goods and VAT as prescribed. Based on the correction invoice, Company A shall record a decrease in its sales revenue and output VAT and Company B shall record a decrease in its costs of goods purchased and input VAT for the tax period of July 2015 (if the tax declaration deadline has not yet passed) or of August 2015.

4. Supplementary declaration resulting in increase/decrease in tax deducted

Pursuant to Clause 5 Article 10 of the Circular No. 156/2013/TT-BTC dated November 06, 2013 of the Ministry of Finance of Vietnam:

- In case the taxpayer has stopped deducting tax and applied for tax refund, and made a supplementary declaration to record a decrease in deductible VAT of erroneous tax periods in the tax refund period, the decrease shall be written in the item “Decrease in deductible VAT of previous periods” on the current VAT return, and the taxpayer shall make supplementary declaration for the tax period in which a claim for tax refund is submitted, and specify the amount of tax refund in the item “Increase in deductible VAT of previous periods” on the current VAT return. In case the taxpayer has already received the tax refund, when the taxpayer makes supplementary declaration for the tax period in which a claim for tax refund is submitted, the taxpayer shall return the tax amount that has been refunded incorrectly, equivalent to the decrease in tax refund specified in the tax return, and incur late payment interest for the period from the date on which the State Treasury signs the order for return of state budget revenues or the order for return and offsetting of state budget revenues to the date on which the supplementary declaration is made.

Example 7: On the VAT return of December 2014, Company C has claimed a refund of VND 900 million (for the tax period from January 2014 to December 2014) and has received the tax refund of VND 900 million. In July 2015, Company C has made a supplementary declaration dossier for May, 2014 (of the tax refund period) which leads to a decrease of VND 50 million in the deductible tax due to its failure to meet tax deduction conditions (The deductible VAT carried forward to the next period specified in the VAT return for May 2014 is VND 120 million. Now, the Company makes a decrease of VND 50 million in deductible VAT due to its failure to meet tax deduction conditions resulting in the deductible VAT carried forward to the next period decreased to VND 70 million). Such decrease of VND 50 million shall be written in the item “Decrease in deductible VAT of previous periods” on the VAT return of July 2015 (if the tax declaration deadline has not yet passed) or of August 2015. Additionally, Company C shall make supplementary declaration dossier for the tax period of December 2014 to decrease the claimed tax refund from VND 900 million to VND 850 million. Such decrease of VND 50 million in tax refund shall be specified in the item “Increase in deductible VAT of previous periods” on the VAT return of July 2015 (if the tax declaration deadline has not yet passed) or of August 2015. Late payment interest shall be charged on the tax amount of VND 50 million which has been refunded incorrectly for the period from the date on which the State Treasury signs the order for return of state budget revenues or the order for return and offsetting of state budget revenues to the date on which Form No. 01/KHBS is submitted together with the supplementary declaration dossier for the tax period of December 2014.

- In case the taxpayer makes a decrease in deductible tax and increase in tax payable resulting in its ineligibility for tax refund, the taxpayer shall calculate the late payment interest on the increase in the tax payable, return the entire tax amount incorrectly refunded and late payment interest for the period from date on which the State Treasury signs the order for return of state budget revenues or the order for return and offsetting of state budget revenues to the date on which the supplementary declaration is made. The tax amount which is not eligible for refund but eligible for deduction shall be written in the item “Increase in deductible VAT of previous periods” on the current VAT return.

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- In case the taxpayer has stopped deducting tax and submitted a claim for tax refund, and the taxpayer has made a supplementary declaration which leads to an increase in VAT that remains after deduction of the erroneous tax period in the tax refund period, the taxpayer may not increase the amount of tax refund on the VAT return. The increase in deductible tax shall be written in the item “Increase in deductible VAT of previous periods” on the current VAT return.

5. Declaration of VAT on investment projects

- Article 5 of the Law No. 71/2014/QH13 amends some Articles of the Law on tax administration No. 78/2006/QH11 as amended in the Law No. 21/2012/QH13. To be specific:

1. Clause 1, Clause 1a and Clause 6 Article 31 are amended as follows:

“1. The tax declaration dossier of taxes which are declared and paid monthly is the monthly tax return;

1a. The tax declaration dossier of taxes which are declared and paid quarterly is the quarterly tax return;”.

- Pursuant to Clause 8 Article 39 of the 2014 Investment Law, an investment registration certificate shall, inter alia, contain the following information: “8. Project execution schedule: fundamental construction schedule and planned date of inauguration (if any); schedule of achievement of primary operational objectives or items of the projects; objectives, duration and contents of operation of each stage (if the project is divided into multiple stages).”.

- Point c Clause 3 Article 11 of the Circular No. 156/2013/TT-BTC dated November 06, 2013 stipulates:

c) Where a taxpayer eligible to pay VAT using credit-invoice method is making investment in a project in the same province as its headquarter, a separate tax declaration for the investment project shall be made. The VAT on purchased goods and services serving the project shall be offset against the VAT on the current business. The VAT on purchased goods and services serving the project which remains after offsetting shall be refunded.

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If the taxpayer establishes project management boards or branches in the provinces other than the one where it is headquartered to manage one or multiple projects;........ When the investment project is complete as well as the procedures for business registration and tax registration, the investor of the project must provide the new company with information about the amounts of VAT that are new, refunded, and not refunded so that it can declare, pay tax, and claim tax refund in accordance with applicable regulations.”

Clause 12(a) Article 1 of the Circular No. 26/2015/TT-BTC (dated February 27, 2015 of the Ministry of Finance of Vietnam providing guidelines for value-added tax and tax administration prescribed in the Government's Decree No. 12/2015/ND-CP dated February 12, 2015 on guidelines for the Law on amendments to laws and decrees on taxations, and amendments to the Circular No. 39/2014/TT-BTC dated March 31, 2014 of the Ministry of Finance of Vietnam on invoices for goods sale and service provision) provides guidelines on refund of VAT on projects in the same province as the taxpayer’s headquarter.

Pursuant to these regulations:

- If the taxpayer is a new enterprise established from an investment project (except for projects on construction of housing for sale) and eligible to pay VAT using credit-invoice method, the VAT return – Form 02/GTGT shall be used when declaring VAT on the investment project.

- Where a taxpayer that is carrying out business and eligible to pay VAT using credit-invoice method (using Form 01/GTGT) is executing an investment project (except for projects on construction of housing for sale), the taxpayer shall make a separate tax declaration for the investment project (using Form 02/GTGT) and offset the VAT on purchased goods and services serving the project against the VAT on its current business. The maximum VAT on the project that may be offset is equal to the VAT payable on the taxpayer’s current business in the same period.

If errors are found after the VAT declaration dossier (Form 01/GTGT and Form 02/GTGT) is submitted, the taxpayer shall make supplementary declaration according to the following provisions:

+ If the supplementary declaration leads to a decrease in VAT payable on the taxpayer’s business (item 40a) and the taxpayer must make a decrease in item 40b “Input VAT of the investment project offset against the VAT payable on business in the same period” on Form 01/GTGT, the taxpayer shall make a decrease in item 28a “Input VAT of the investment project offset against the VAT payable on business in the same period” on Form 02/GTGT in the corresponding tax period. The decrease in the offset VAT amount specified in Form 02/GTGT shall be specified in item “Increase in VAT on purchased goods and services of previous periods” on Form 02/GTGT of the current period. If the investment project has been completed, the decrease in the VAT payable specified in Form 01/GTGT shall be specified in item “Increase in deductible VAT of previous periods” on Form 01/GTGT of the current period.

Example 9: In January 2015, Company G has submitted the official VAT declaration dossier.

Form 01/GTGT

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VAT payable on business (item 40a): VND 200 million

Input VAT on goods and services (item 28): VND 300 million

Input VAT of the investment project offset against the VAT payable (item 40b): VND 200 million

Total VAT payable (item 40): VND 0 million.

Input VAT of the investment project offset against the VAT payable (item 28a): VND 200 million

VAT carried forward to the next period (item 32): VND 100 million

In May 2015, Company G has submitted the supplementary declaration dossier for the tax period of January 2015 as follows:

Form 01/GTGT

Form 02/GTGT

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Input VAT of the investment project offset against the VAT payable (item 40b): VND 150 million

Total VAT payable (item 40): VND 0 million.

Input VAT on goods and services (item 28): VND 300 million

Input VAT of the investment project offset against the VAT payable (item 28a): VND 150 million

VAT carried forward to the next period (item 32): VND 150 million

Company G shall write the increase in deductible VAT on Form 02/GTGT (VND 50 million) in the item “Increase in VAT on purchased goods and services of previous periods” (item 25) on Form 02/GTGT of May 2015 (if the tax declaration deadline has not yet passed) or of June 2015.

+ If the taxpayer makes a decrease in input VAT of the investment project resulting in a decrease in item 28a of Form 02/GTGT, such decrease in VAT shall be specified in item “Decrease in VAT on purchased goods and services of previous periods” on Form 02/GTGT of the current period. Additionally, the taxpayer makes a decrease in item 40b on Form 01/GTGT of the corresponding tax period resulting in an increase in VAT payable. In this case, the taxpayer shall pay the increase in VAT payable and calculate late payment interest as prescribed.

Example 10: In March 2015, Company I has submitted the VAT declaration dossier.

Form 01/GTGT

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VAT payable on business (item 40a): VND 200 million

Input VAT of the investment project offset against the VAT payable (item 40b): VND 200 million

Total VAT payable (item 40): VND 0 million.

Input VAT on goods and services (item 28): VND 300 million

Input VAT of the investment project offset against the VAT payable (item 28a): VND 200 million

VAT carried forward to the next period (item 32): VND 100 million

In June 2015, Company I has submitted the supplementary declaration dossier for the tax period of March 2015 as follows:

Form 01/GTGT

Form 02/GTGT

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Input VAT of the investment project offset against the VAT payable (item 40b): VND 100 million

Total VAT payable (item 40): VND 100 million.

Input VAT on goods and services (item 28): VND 100 million

Input VAT of the investment project offset against the VAT payable (item 28a): VND 100 million

VAT carried forward to the next period (item 32): VND 0 million

The decrease in deductible VAT (VND 100 million) on the supplementary declaration Form 02/GTGT shall be specified in item “Decrease in VAT on purchased goods and services of previous periods” on Form 02/GTGT of June 2015 (if the tax declaration deadline has not yet passed) or of July 2015. Company I shall pay the increase in VAT payable (VND 100 million) on the supplementary declaration Form 01/GTGT, and shall calculate and pay late payment interest on such amount to state budget as prescribed.

- In case the investment registration certificate or a decision issued by a competent authority (in case the investment registration certificate is not required) includes information on the project execution schedule and planned date of inauguration of the project, the refund of tax on the project shall be considered and paid in conformity with the project execution schedule as prescribed in Clause 12(a) Article 1 of the Circular No. 26/2015/TT-BTC. In case the investment registration certificate or a decision issued by a competent authority (in case the investment registration certificate is not required) provides no information on the project execution schedule and planned date of inauguration of the project, the taxpayer shall not be allowed to separately declare input VAT on the project since the project generates revenues but shall aggregate it with VAT on the taxpayer's business and claim a refund of VAT on its business.

In case the taxpayer earns revenues from the ongoing project (from selling of scraps, sample products, etc.), the taxpayer shall declare revenues from investment on Form 01/GTGT and offset the input VAT on the investment project against the VAT payable on Form 01/GTGT. The maximum VAT on the project that may be offset is equal to the VAT payable on Form 01/GTGT.

6. Some cases of declaration on item “Increase/decrease in deductible VAT of previous periods” on VAT return

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Example 11: On the VAT return of April 2015, Company M has stopped deducting tax and submitted a claim for tax refund of VND 800 million. The tax authority has issued a tax refund decision on June 02, 2015 with the tax refund of VND 600 million enclosed with a notice of partial rejection of the tax refund claim on June 02, 2015 in which the amount of deductible tax is VND 150 million, and the tax amount ineligible for tax refund is VND 50 million due to lack of documentary evidences of payment by bank transfer. Based on the notice, Company M shall specify the amount of deductible tax is VND 150 million in item “Increase in deductible VAT of previous periods" (item 38) on the VAT return of May 2015 (if the tax declaration deadline has not yet passed) or of June 2015.

- In case the tax authority or competent authority has issued a conclusion or decision on settlement of increase or decrease in deductible VAT, the taxpayer shall, based on the received conclusion or decision, fill out the item “Increase/decrease in deductible VAT of previous periods" on the VAT return of the tax period in which the taxpayer receives the conclusion or decision.

Example 12: In August 2015, Company N has received a decision on penalties for tax offences after an inspection of the taxpayer’s compliance with tax laws during 2014, in which the deductible VAT in 2014 is decreased by VND 100 million, Company N shall specify the decrease in item “Decrease in deductible VAT of previous periods" on the VAT return of August 2015 (if the tax declaration deadline has not yet passed) or of September 2015.

- When receiving transfer of VAT from the project owner, the taxpayer that is a new enterprise established from the investment project shall declare the VAT amount in the item "Increase in deductible VAT of previous periods" on Form 01/GTGT of the tax period in which such VAT is transferred.

If the taxpayer that is a new enterprise established from an investment project which has been put into operation has the input VAT of the project remaning after deduction is smaller than VND 300 million, such amount of input VAT shall be specified in the item “Increase in deductible VAT of previous periods” on Form 01/GTGT of the tax period in which the project is put into operation.

The taxpayer shall claim VAT refund according to Clause 1 Article 18 of the Circular No. 219/2013/TT-BTC dated December 31, 2013 of the Ministry of Finance of Vietnam. The tax refund period shall commence from the date on which the taxpayer fills out the item “Increase in deductible VAT of previous periods” on Form 01/GTGT.

- If the taxpayer receives transfer of deductible VAT upon merger or conversion of business type, such amount of deductible VAT shall be specified in the item "Increase in deductible VAT of previous periods” on Form 01/GTGT of the tax period in which the taxpayer receives the notice of transfer of tax obligations.

7. Some other cases

a) Article 4 of the Law on value added tax No. 13/2008/QH12 dated June 03, 2008 stipulates that:

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Pursuant to these regulations, the taxpayer is not required to declare and pay VAT if only manufacturing, trading or providing goods or services which are not subject to VAT. In case of selling or provision of goods or services subject to VAT (e.g. asset liquidation, etc.), the taxpayer shall use invoices sold by tax authorities and pay tax as prescribed.

b) When submitting VAT declaration dossier, the amount specified in item “Deductible VAT carried forward from the previous period” must be equal to the amount specified in item “Deductible VAT carried forward to the next period” on the official tax declaration dossier of the previous tax period.

Example 13:

- The amount specified in the item “Deductible VAT carried forward from the previous period” (item 22) on the official VAT return – Form 01/GTGT of April 2015 submitted by Company K on May 20, 2015 must be equal to that specified in the item “Deductible VAT carried forward to the next period” (item 43) on the official VAT return – Form 01/GTGT of March 2015.

- If, on June 15, 2015, Company K has submitted a supplementary VAT return – Form 01/GTGT of April 2015, the amount specified in the item “Deductible VAT carried forward from the previous period” (item 22) on that supplementary VAT return must be equal to that specified in the item “Deductible VAT carried forward to the next period” (item 43) on the official VAT return – Form 01/GTGT of March 2015.

c) If the taxpayer has stopped deducting tax and has submitted a claim for tax refund which has not yet been processed by the tax authority, the taxpayer shall provide a written explanation indicating the claimed amount and the unclaimed amount which is the result of removal of some invoices ineligible for tax refund of one or some tax periods of the tax refund period. The tax authority shall consider giving tax refund according to the claim and written explanation submitted by the taxpayer without requesting the taxpayer to make supplementary declaration dossiers for months of the tax refund period for decreasing the deductible tax amount.

d) If any increase in VAT payable or decrease in deductible VAT is found by the inspection team during the inspection of the taxpayer’s fulfillment of its tax obligations, the tax authority shall re-determine VAT obligations to be fulfilled by the taxpayer from the tax period in which such increase in VAT payable or decrease in deductible VAT is found to the end of the inspection period and impose penalties for tax offenses as prescribed.

Example 14: In August 2015, during the inspection of Company X’s compliance with tax laws in 2014, the tax authority finds a decrease in deductible VAT on the tax return of July 2014 from VND 200 million to VND 100 million, the tax authority shall re-determine VAT obligations from July 2014 according to the amount of VND 100 million of deductible VAT carried forward to the next period to the end of the inspection period (December 2014) and impose penalties for tax offenses as prescribed.

Departments of Taxation of provinces and central-affiliated cities are requested to comply with guidelines herein./.

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PP. DIRECTOR GENERAL
DEPUTY DIRECTOR GENERAL



 
Nguyen Dai Tri

Công văn 4943/TCT-KK năm 2015 hướng dẫn vướng mắc về khai thuế và khai bổ sung hồ sơ khai thuế do Tổng cục Thuế ban hành