The Vietnamese Federation of Commerce and Industry (VCCI) has just commented on the project. Decree detailing the implementation of a certain number of articles in the law VAT (T.V.A). One of the notable elements of the proposal is the question of completion conditions. VAT currently, the draft decree stipulates that buyers are not allowed to VAT refund When the seller paid the VAT.
The VCCI said that according to business comments, this regulation is inappropriate because the buyer pays VAT to the seller. After receiving this amount, the seller is responsible and proactive in the payment of this tax on the state budget. Buyers have no tools or authority to intervene or manage the seller’s tax payments.
“The current regulations will make the buyer support the entire risk of not obtaining a tax reimbursement, while it is not the seller’s fault,” assessed the VCCI, which declared that only the tax authority has complete management tools, in particular a tax system allowing to quickly receive information on the declaration and payment of the seller’s taxes; suspend the bill, ask banque Application of tax rules, forcing customs to coordinate to prohibit tax debtors from leaving the country to collect taxes. Therefore, the VCCI proposes to remove these regulations.
About the conditions Deduction of VAT upstream With regard to payment documents other than in cash, the project stipulates that “there must be payment documents other than in cash for goods and services purchased (including imported goods) with a value of 5 million VND or more, tax on the added value included”.
According to the VCCI, this regulation leads to difficulties for companies, in particular for small retail transactions or premiums and direct financial aid to employees.
Companies often offer preferential policies and advantages to their employees, such as help for food, travel and professional expenses.
In these cases, the employee will advance money for payment or will pay in advance and transfer the invoice and the documents to the company for a subsequent payment to the employee.
In addition, the company also offers cash bonuses to employee groups when they get good performance at work and they will share this premium themselves.
“It is not possible to guarantee that all transactions greater than 5 million VNDs have other than in cash,” said VCCI, adding that current regulations require that purchases of 20 million VNDs or more will be accompanied by payment documents other than in cash for goods and services purchased. According to companies, they do not encounter any difficulty or problem when applying the above regulations.
In order to facilitate the deduction of VAT upstream by companies, the VCCI proposed that the editorial agency maintains the regulations on the payment threshold without cash of more than 20 million VNDs.
In addition, the VCCI proposed to add the export services to the list of subjects eligible for 0 %VAT. According to the VCCI, this service is eligible to be included in the list of services subject to the value added to 0 %, because the export supply service is essentially a cross -border service and the users of the service are foreign merchants. Consumption and payment of expenses are also made abroad.
Source : https://baoquangninh.vn/rui-ro-neu-nguoi-ban-nop-thue-vat-thi-nguoi-mua-moi-duoc-hoan-3356396.html
