Based on arising realities, currently Article 4 of Decree 123/2020/ND-CP stipulating principles for preparing, managing and using invoices and documents does not clearly stipulate the preparation of invoices in case the buyer returns them. the customer or seller terminates or cancels the provision of services; There are no regulations on principles for creating documents to record transactions for casino business, electronic games with prizes, entertainment businesses with bets, and no specific regulations on the “Lucky Bill” program. ”. Today, let’s learn more about this amendment with Pham Consult!
Therefore, the Ministry of Finance proposes to amend Article 4 of Decree 123/2020/ND-CP in the following direction:
Clearly stipulate that the seller issues an invoice in case the buyer returns the goods or the seller terminates or cancels the provision of services. Specifically:
- The seller must issue an invoice in the following cases:
- a) When selling goods or providing services:
- b) When temporarily exporting and re-importing, temporarily importing and re-exporting raw materials, finished products, machinery, tools and equipment
- c) Goods and services used for promotion, advertising, and sample products;
- d) Goods and services used to give, represent, donate, exchange, pay salaries on behalf of employees and for internal consumption (except for internally circulated goods);
- d) Receive back the goods returned by the buyer (except for the case of receiving back the goods as prescribed in Point d3, Clause 6, Article 19 of this Decree):
- e) Termination or cancellation of service provision
- g) Exporting goods in the form of lending, lending or receiving return of goods
The invoice must contain all the contents as prescribed in Article 10 of this Decree. In case of using electronic invoices, it must follow the tax authority’s standard data format as prescribed in Article 12 of this Decree.
– Adding a personal regulation that when paying income, the employer must prepare a tax deduction document and deliver it to the person whose income is deducted;
– Remove the regulation that organizations and individuals paying income can choose to issue tax deduction documents for each tax deduction or issue one deduction document for multiple deductions in a tax period;
– Remove the regulation that income-paying organizations and individuals only issue to individuals one tax deduction document in a tax period for individuals who sign labor contracts of 3 months or more.
+ Supplementing regulations that organizations and individuals paying income, organizations operating casino business, and electronic games with prizes must register with tax authorities when using electronic personal income tax deduction documents, Documents recording transaction information related to money and conventional currencies in casino business, electronic games with prizes, and entertainment business with betting.
Before using invoices and documents of enterprises, economic organizations, other organizations, business households, individuals, organizations collecting taxes, fees, charges, organizations and individuals paying income, organizations with Casino business activities and prize-winning electronic games must register for use with tax authorities or issue notices according to the provisions of Article 15, Article 34 and Clause 1, Article 36, Article… Decree this decision. For invoices and receipts printed by the tax authority, the tax authority shall issue notice according to Clause 3, Article 24 and Clause 2, Article 36 of Decree 123/2020/ND-CP.
Fourth: Add Clause 9, Clause 10, Clause 11 to Article 4 of Decree 123/2020/ND-CP:
– Adding regulations allowing organizations to collect fees and charges and service providers to integrate fee receipts and invoices in the same electronic format to deliver to buyers in case of fee collection. , fees and charges for providing services to a customer.
– Supplementing regulations that businesses operating casinos and prize-winning electronic games must prepare documents to record transactions that arise and must be tracked by software and must transfer electronic data to the tax authority. sufficient, timely and no later than the end of each day.
– Supplementing regulations for the “Lucky Invoice” program organized and implemented by the Tax sector from the budget allocated to the tax administration agency. Assign the Ministry of Finance to provide specific instructions on the rules, prize structure, expenditures, expenditure levels for management, use, payment, and finalization of funding sources for the Lucky Bill Program and the organization and implementation in accordance with the regulations. provisions of law.
Propose additional regulations on when to issue invoices for exported goods?
Also in the Draft Decree amending and supplementing Decree 123/2020/ND-CP, the Ministry of Finance proposes to add regulations on when to issue invoices for exported goods as follows:
- The time of making invoices for sales of goods (including sales of state assets, confiscated assets, restocking state funds and sales of national reserve goods) is the time of transfer of ownership or use rights. use the goods for the buyer, regardless of whether money has been collected or not. In the case of exporting goods (including export processing), the time of invoice issuance is no more than 24 hours from the time the customs authority confirms the completion of customs procedures on the customs declaration.
Currently, Article 9 of Decree 123/2020/ND-CP regulating the time of invoice issuance does not clearly stipulate the time of invoice issuance for goods and services provided to foreign organizations and individuals.
Therefore, the Draft Decree amending and supplementing Decree 123/2020/ND-CP proposes that for exported goods (including export processing), the time of invoice issuance is no more than 24 hours from the date of receipt. The customs authority confirms the completion of customs procedures on the customs declaration.
Thus, through the above article is information proposed to amend the invoicing principles set out by the Ministry of Finance. Pham Consult hopes this information will be useful for your work.