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Legal updates

The General Department of Taxation responded to the Ho Chi Minh City Tax Department

Official Letter No. 3879/TCT-KK dated August 30, 2024, from the General Department of Taxation regarding VAT refund regulations for exported goods and services.

Regarding supplementary tax declarations:

In the event that the Company detects errors or omissions in the tax declaration dossiers submitted to the tax authority, it is allowed to file supplementary declarations in accordance with Article 47 of the Law on Tax Administration No. 38/2019/QH14 dated June 13, 2019, and Clause 4, Article 7 of Government Decree No. 126/2020/ND-CP dated October 19, 2020. Based on the tax declaration dossiers and the supplementary declarations, the Company shall self-assess the payable tax amount, additional payable tax amount, and any late payment penalties (if applicable), and remit the payments to the state budget in accordance with the regulations. If the Company submits supplementary tax declarations after the tax authority or a competent agency has already issued a decision on a tax inspection or audit at the Company’s office, the Company shall be subject to administrative penalties for tax management violations, as stipulated in Articles 142 and 143 of the Law on Tax Administration.

Regarding VAT refund periods:

If the Company engages in both the export of goods and services and the sale of goods and services domestically, it must separately account for the input VAT used for the production and business of exported goods and services. If separate accounting is not possible, the input VAT for exported goods and services shall be determined based on the ratio of the revenue from exported goods and services to the total revenue from goods and services, for the VAT declaration periods from the period following the most recent VAT refund period to the current refund request period.

Please refer to the attached file for detailed information.

Notice: The content of this email and the attached document contains general information only and should not be construed as providing services or professional advice. You should consult with a qualified expert for specific and accurate guidance. Should you require any assistance, please feel free to contact us at news@vbk.com.vn.

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