News

Pursuant to the provisions of Point 1.3, Clause 1, Article 69 of Circular 200/2014/TT-BTC (amended by Clause 3, Article 1 of Circular 53/2016/TT-BTC), for the purpose of recording accounting books, preparing and When presenting financial statements, businesses need to determine whether or not the contract value includes tax in the case of foreign tax payment, to determine the appropriate accounting exchange rate:

In case Company A is a one member LLC owned by an organization (Company B in Korea), there is a salary payment to the director of Company A (this director is a founding of company B in Korea) if the individual director directly participates in managing the operations of Company A, this salary cost will be included in deductible expenses when determining income subject to corporate income tax, if the conditions in Article 6 of Circular 78/2014/TT-BTC dated June 18, 2014 of the Ministry of Finance are met (amended and supplemented in Article 4 of Circular No. 96/2015/TT-BTC dated June 22 /6/2015 of the Ministry of Finance).

Accordingly, in case the Company lends machinery and equipment to suppliers to produce products as well as use goods and services (including purchased from outside or self-produced by business establishments) to give, donate, donate or exchange, the Company must make invoices, declare and calculate VAT payment as goods sales invoices to customers.

Accordingly, in case the e-invoice has been made according to the provisions of Decree No. 123/2020/ND-CP but this invoice has errors , it shall be invoiced according to the instructions at Point e, Clause 1, Article 7 of Circular No. 78/2021/TT-BTC of the Ministry of Finance. The Company shall declare adjustments in the tax period with errors as prescribed in Article 47 of the Law on Tax Administration No. 38/2019/QH14 dated June 13, 2019 of the National Assembly and Clause 4, Article 7 of Decree 126/2020/ND-CP dated October 19, 2020 of the Government.

In case the Company meets the conditions for providing containerized logistics services as prescribed in Decree No. 163/2017/ND-CP dated December 30,2017 of the Government, the service is subject to VAT reduction as prescribed in Decree No. 44/2023/ND-CP dated June 30, 2023 of the Government.

In case the Company authorizes an individual who is an employee of the Company to pay for the purchase of fixed assets used for the Company’s production and business activities with a value of twenty (20) million VND or more (price includes VAT ) to the seller by paying that individual’s credit card to the seller’s account, The Company pays the individual through a transfer from the Tax Authority’s registered Company account to the individual’s account. The company can declare and deduct input VAT and have it included in deductible expenses when calculating corporate income tax, if it simultaneously satisfies:

To improve problems arising from the practices of businesses and tax authorities in the process of using electronic invoices, the Ministry of Finance submitted to the Government a draft Decree amending and supplementing Decree 123/2020/ND -CP regulates invoices and documents.

Accordingly, some notable contents of the Draft are as follows:

Accordingly, the General Department of Taxation guides:
In case Company A (in Vietnam) signs a contract with Company B (in Hong Kong) to provide sample testing services for goods before being imported to Vietnam, this testing service is subject to subject to contractor tax in Vietnam.

Accordingly, suspend the implementation of Clause 8, Clause 9 and Clause 10, Article 8 of Circular No. 39/2016/TT-NHNN dated December 30, 2016 (added according to Clause 2, Article 1 of Circular No. 06/2023/TT-NHNN dated June 28, 2023 on amending and supplementing a number of articles of Circular No. 39/2016/TT-NHNN) from September 1, 2023 until the effective date of the new legal documents regulating these issues.

The content whose effect is suspended is specifically as follows:

In case an electronic invoice has been created according to Decree No. 123/2020/ND-CP, sent to the buyer and then errors are discovered in the seller’s address and other contents are correct, then:

The company notifies the buyer that the invoice has errors and does not have to re-issue the