PAYMENT BY BANK DOES NOT REGISTER THE BASIS OF THE VAT DUE DUTY?

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NEITHER VAT TAX DUE IF THEY DO NOT REGISTER THE BANK ACCOUNT WITH TAX AUTHORITIES

Non-registered bank accounts are still deductible VAT
According to Article 1 of Circular 173/2016 / TT-BTC: “To amend and supplement Clause 1, Article 15 of Circular No. 219/2013 / TT-BTC dated 31/12/2013 of the Ministry of Finance guiding the implementation. The Law on Value Added Tax and the Government’s Decree No. 209/2013 / ND-CP dated 18/12/2013 detailing and guiding the implementation of a number of articles of the Law on Value Added Tax (as amended, Circular No. 26/2015 / TT-BTC dated 27 March 2004, Circular No. 151/2014 / TT- 02/2015 by the Ministry of Finance) as follows:

“3. Bank payment vouchers shall be understood as evidence of the transfer of money from the buyer’s account to the seller’s account opened at the payment service-providing organizations in forms of payment compatible with the The current law provisions such as checks, payment orders or orders, collection orders, collection orders, bank cards, credit cards, sim phones (electronic wallets) and other forms of payment as prescribed (including the case where the purchaser pays from the buyer’s account to the seller’s account bearing the name of the private entrepreneur or the buyer pays from the buyer’s account bearing the name of the private entrepreneur to the side account sell).”

Quoted: “The buyer’s account and the seller’s account must be registered or notified to the tax office.”
Conclusion: Bank accounts of enterprises that do not register with the Tax Agency or the Department of Planning and Investment are still entitled to input VAT deduction from 15/12/2016.

Before:

According to Clause 3, Article 15 of Circular No. 219/2013 / TT-BTC: “The via-bank payment documents shall be understood as evidence of the transfer of money from the buyer’s account to the seller’s account (account of The purchaser and the seller’s account must be registered or notified to the tax office) at payment service suppliers in forms of payment in accordance with the current law. such as checks, money orders or orders, collection orders, collection orders, bank cards, credit cards, sim phones (electronic wallets) and other forms of payment (including cases Purchase payments from the buyer’s account to the seller’s account bearing the name of the private entrepreneur or the buyer to pay from the buyer’s account bearing the name of the business owner. into account the seller’s account if the transaction was registered with the tax authorities).
Under Clause 6, Article 3 of Circular No. 119/2014 / TT-BTC, amending and supplementing TT219: “The via-bank payment voucher is understood as evidence of the transfer of money from the buyer’s account to the account of The seller (account of the buyer and the seller’s account must be registered or notified to the tax authority.) The buyer does not need to register or notify the tax office of the loan account at the tax office. credit institutions used for payment to suppliers) shall be opened at payment service-providing organizations in forms of payment in accordance with the current law provisions such as checks, payment orders or spending orders. collection, collection, bank card, credit card, sim card (electronic wallet) and other forms of payment (including calf case n purchase from the buyer’s account to the seller’s account bearing the name of the owner of the private enterprise or the buyer to pay from the buyer’s account bearing the name of the owner of the private enterprise to the seller’s account if the account has be registered for transaction with the tax office). “
Imposing administrative penalties for failing to register bank accounts
However, registration of a bank account with the Department of Planning and Investment must still be registered within 10 days after the opening of the bank account (refer to Official Letter No. 4807 / TCT-KK of the General Department of Taxation 17/10/2017 on the registration of bank account information). Failure to register will result in administrative penalties for delaying submission of specific tax registration dossiers:

Delayed from 1 to 10 days: Caution shall be imposed if extenuating circumstances are involved.
Delayed from 1 to 30 days: Fine from VND 400,000 – VND 1,000,000.
Late 30 days or more: A fine of between VND 800,000 and VND 2,000,000.
If you have any questions, please contact SSA’s Customer Care and Counseling Center.

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