1. Supplementary Declaration for Tax Declarations in the Case of Replacement Invoices or Adjustment Invoices
If discrepancies or omissions are detected in the tax declaration records submitted concerning invoices, they may be supplemented within a period of 10 years from the date of the deadline for submitting the incorrect or omitted tax declaration records. However, such supplementation must occur before the tax authority announces an inspection or audit decision.
In cases where the tax authority has already issued an inspection or audit decision, supplementation is still allowed, but the tax authority will impose administrative fines for this action.
After the tax authority issues a tax processing decision following an inspection or audit, supplementary declarations are governed as follows:
- Supplementary tax declarations apply in cases of increased tax obligations, reduced deductions, exemptions, or administrative fines related to tax management.
- If modifications (concerning invoices) result in a reduction of the amount of tax payable or an increase in the deductible, exempted, or refundable amount, the taxpayer must comply with the regulations for resolving tax complaints.
2. Submission of Supplementary Tax Declaration Records
Taxpayers are allowed to submit supplementary tax declaration records for each tax declaration with discrepancies or omissions as follows:
- When supplementary declarations (concerning invoices) do not alter tax obligations: Taxpayers only submit the explanatory statement for supplementary declarations and related documentation.
- In cases of annual tax settlement: Only supplementary annual tax settlement records should be filed.
- For supplementary individual income tax declarations: Taxpayers only submit supplementary monthly or quarterly declarations with discrepancies or omissions.
- If supplementary declarations result in an increase in the amount of tax payable or a decrease in the refundable amount, the taxpayer must submit the full additional amount or the overpaid tax and any overdue tax.
- If supplementary declarations only increase or decrease value-added tax (VAT) that can be carried forward to future periods, it must be declared in the current tax period. Taxpayers are allowed to submit supplementary declarations to request refunds only if they have not yet submitted tax declarations for the next tax period or refund request documentation.
(Extracted from Official Letter No. 42535/CTHN-TTHT dated 29 August 2022)
About our company:
HMLF is a licensed Law Firm providing legal services to Enterprises. With over 70 years of experience in:
– Finance, Accounting, Tax.
– Industry: Manufacturing, Service, Aviation, Transport, Technology, Finance.
– Helping Customers control transactions from internal legal to international trade. Become the best legal defender for Businesses.
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HMLF is always available to offer assistance in understanding the procedures with authorities.
Harley Miller Law Firm “HMLF”
Head office: 14th floor, HM Town building, 412 Nguyen Thi Minh Khai, Ward 05, District 3, Ho Chi Minh City.
Phone number: +84 937215585
Website: hmlf.vn Email: miller@hmlf.vn
