Question:
1.Based on Point 1, Article 29 of Decree 119 on electronic invoices, it is stated that: “When inspecting goods circulating in the market, for cases using electronic invoices, state agencies, authorized individuals can access the Electronic Information Portal of the General Department of Taxation to look up information about electronic invoices for management purposes, without requiring paper invoices. Relevant agencies are responsible for using devices to access and retrieve electronic invoice data. Therefore, the company will not print paper invoices to save costs. In this case, will the company be fined?
2. Based on Official Letter No. 14502/CT-TTHT dated December 3, 2019 of the Ho Chi Minh City Tax Department in response to Official Letter No. 927/CV-OPC dated October 23, 2019, when the company provides raincoats, calendars, etc. to its employees as a form of welfare, and the employees do not need invoices. If the number of employees is over 800, can the company issue a consolidated VAT invoice for the total value of the gifts to employees?
Answer:
1. Based on Article 27, Article 28, Article 29 of Decree No. 119/2018/NĐ-CP dated September 12, 2018 of the Government on electronic invoices for the sale of goods, provision of services, which stipulates the lookup, provision, and use of electronic invoice information, when selling goods, providing services, the seller shall issue electronic invoices with the tax authority’s code or electronic invoices without the tax authority’s code to the buyer in the prescribed data format determined by the tax authority and must include the required content, without distinguishing the value of each sale. When inspecting goods circulating in the market, for cases using electronic invoices, state agencies, authorized individuals can access the Electronic Information Portal of the General Department of Taxation to look up information about electronic invoices for management purposes, without requiring paper invoices. Relevant agencies are responsible for using devices to access and retrieve electronic invoice data. Therefore, the seller of goods, provider of services does not need to convert electronic invoices into paper documents.
2. Based on Circular No. 39/2014/TT-BTC dated March 31, 2014 of the Ministry of Finance guiding invoices and documents for sales of goods and provision of services;
Based on Article 3 of Circular No. 26/2015/TT-BTC dated February 27, 2015 of the Ministry of Finance amending and supplementing some provisions of Circular No. 39/2014/TT-BTC dated March 31, 2014 guiding the implementation of Decree No. 51/2010/ND-CP dated May 14, 2010 and Decree No. 04/2014/ND-CP dated January 17, 2014 of the Government on invoices for sales of goods, provision of services.
In the case where the company provides raincoats, calendars, etc. to its employees, the company must issue invoices and declare VAT as if selling goods to customers. If the employees do not need invoices, the company should create a list with the names of each individual who received the gifts. Based on this list, the company can issue a consolidated VAT invoice indicating the total amount shown in the total line of the list, sign it, and keep the invoice as required.
