Question:
Our company changed its name, and the business license was issued on March 6, 2019. However, we only found out about the issuance and received the license on March 21, 2019. We subsequently submitted a TB04/AC (Notice of Information Adjustment) online to the tax authorities on March 21, 2019. Are the invoices issued between March 6, 2019, and March 20, 2019, under the old name valid? We use electronic invoices and cannot add a new stamp next to the old name. If we cancel all those invoices and reissue them after March 21, 2019, it would result in incorrect revenue recognition timing. How should we handle this situation correctly?
Answer:
-Based on Article 7 of Circular No. 32/2011/TT-BTC dated March 14, 2011, issued by the Ministry of Finance, which provides guidance on the initiation, issuance, and use of electronic invoices for the sale of goods and provision of services.
– Based on Article 8 of Circular No. 39/2014/TT-BTC dated March 31, 2014, issued by the Ministry of Finance, which provides guidance on the initiation, issuance, and use of invoices for the sale of goods and provision of services.
In the case where your company is using electronic invoices, when changing the company name, you must cancel any remaining electronic invoices and issue new electronic invoices with the updated name. During the period of changing the business license, as you have not been able to update the name change information on the invoice issuance notification, your company may continue using the invoices under the old name. If you have all the supporting documentation to prove the sale of goods or provision of services, these invoices are suitable for tax declaration according to the regulations.
