Guiding Official Letter on some news points of Decree No. 125/2020/ND-CP regulating administrative penalties for tax or invoice-related violations

30/12/2020 Newest Editor

On November 12th, 2020, The General Department of Taxation issued Official Letter No. 4818/TCT-CS summarizing some contents of Decree No. 125/202/ND-CP, in which some new regulations are specified by their contents. Some mentioned points in the Official Letter are as follows:

  1. In term of general regulations, 11 points are mentioned such as: Scope, penalized entities in tax or invoices, records related administrative violations. Interpreting some terms that are used in administrative penalties for tax or invoice-related violations; Rules for penalizing organizations, individuals at the same time for committing many acts of tax or invoice-related administrative violations; Aggravating, mitigating factors; Time limit for administrative penalties for tax or invoice-related violations; Rules for determining fine levels when applying aggravating, mitigating factors; additional penalties; Remedies measures;  Reversal period of back taxes; Exceptions to tax or invoice-related administrative penalties.
  2. In term of administrative penalties on tax violations, 10 points are mentioned such as: Violations on tax registration time limits, notification of temporary business suspension; notification of premature business continuation; Violations against regulations on time limits for notification of changes in tax registration information; Acts of making the false or incomplete declaration of information contained in tax dossiers that do not lead to any deficiency in payable taxes;  Act of later submission for tax returns than the prescribed time limit; Violations on providing information for the determination of tax obligations; Violations against regulations on compliance with decisions on tax inspection and examination, enforcement of tax-related administrative decisions; acts of making false declaration tax dossiers that lead to any deficiency in taxes payable or any increase in amounts of tax exemption, reduction or refund….
  3. In term of administrative penalties on invoice violations, 12 points are mentioned such as: Violations on internally print out invoices and creating e-invoices; violation on externally printed invoices; violations on printing of externally ordered invoices; Act of giving and selling invoices; Act of invoice issuance…..

In term of the authority, procedures for imposition of penalties for administrative tax or invoice-related violations, 6 points are mentioned such as: The authority impose penalties; The procedures for imposition of penalties; Penalties execution; Fine exemption; Applying transitional documents and provisions; Forms for administrative penalties for tax or invoice-related violations