On October 19th, 2020, the Government issued Decree No. 125/2022/ND-CP regulates on penalization for administrative violations in the field of tax, invoices with some following notable contents:
If organizations, individuals commit many acts of violation, separate penalization will be applied for each and corresponding violations, except for the below cases:
At the same time, if the taxpayer incorrectly declares one or more items on the tax dossiers of the same kind of tax, such act shall be penalized for a single violation of declaring incorrect information on the tax record with the highest fines being imposed and an aggravating factor of multiple violations also being applied;
At the same time, when taxpayer is late in submitting multiple tax declaration dossiers for different tax periods, if these tax records are for the same kind of tax, the penalty shall only be applied for only one act of late with the highest fines being imposed and an aggravating factor of multiple violations also being applied…..
In which there are some administrative violations regarding invoices, tax with their considerable penalties such as:
- Providing incorrect, insufficient information related to the determination of tax obligations in the tax statement: A fine of from 08 – 15 million VND will be imposed;
- Failing to submit the tax statement without incurring any payable tax: A fine of from 08 – 15 million VND will be imposed;
- Using illegal or invalid invoices, using invoices illegally or invalidly: A fine of from 20 – 50 million VND will be imposed.
- Tax evasion may result in a fine of three times the amount of the evaded tax payment for taxpayers if they commit one of the following violations and get involved in three or more aggravating factors:
Failing to submit the application for tax registration;
Failing to record the revenues related to tax determination in accounting books; failing to make statements or making incorrect statements that lead to a decrease in the amount of tax payable or an increase in the amount of tax refunded, exempted, or reduced;
Failing to issue invoices when selling goods or providing services, or issuing invoices with a lower value, quantity of sold goods, services to declare at a lower level than the actual value, quantity that are discovered after the deadline for submitting the tax statement;
Using illegal or invalid invoices and documents for making the tax statement that leads to a decrease in the amount of tax payable or an increase in the amount of tax refunded, exempted, or reduced;
Using tax-free goods, goods eligible for tax exemption for improper purposes without reporting to the tax agency;
Taxpayers arise any business activity during the suspension period without reporting to the tax agency.
This Decree shall take effect from December 5th, 2020
