ARE COMMERCIAL PRODUCTS REQUIRED TO INCLUDE TAX CODE IN TRANSACTION DOCUMENTS THROUGH TAXPAYERS’ ACCOUNTS?

Currently, tax authorities will support commercial banks in attaching personal tax codes to customers who have identification information. So are transaction documents through commercial bank taxpayer accounts required to record tax codes? Through today’s article, let’s learn about this issue with Pham Consult.

Pursuant to the provisions of Article 35 of the Law on Tax Administration 2019 on the use of tax codes as follows:

Use tax code

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2. Taxpayers must provide tax identification numbers to relevant agencies and organizations or record tax identification numbers on records when carrying out administrative procedures under the one-stop shop mechanism with tax administration agencies.

3. Tax administration agencies, State Treasury, commercial banks coordinate state budget collection, and organizations authorized by tax authorities to collect taxes use the taxpayer’s tax code in tax management and collection. taxes into the state budget.

4. Commercial banks and other credit institutions must record tax codes in account opening documents and transaction documents through the taxpayer’s account.

5. Other organizations and individuals participating in tax management use the taxpayer’s assigned tax identification number when providing information related to determining tax obligations.

6. When the Vietnamese party pays money to an organization or individual with cross-border business activities based on a digital intermediary platform not present in Vietnam, the tax code issued to the organization must be used. , this individual to deduct and pay on behalf.

7. When a personal identification number is issued to the entire population, use the personal identification number instead of the tax code.

Thus, according to the above regulations, commercial banks are required to record the tax code in the account opening documents and transaction documents through the taxpayer’s account.

According to the provisions of Clause 3, Article 39 of the Law on Tax Administration 2019 on tax code termination as follows:

Termination of tax code validity

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3. Principles for invalidating tax codes are prescribed as follows:

a) The tax code is not used in economic transactions from the date the tax authority announces its termination;

b) Once an organization’s tax code has expired, it cannot be reused, except for the cases specified in Article 40 of this Law;

c) When the tax code of a business household or individual business expires, the tax code of the representative of the business household will not be invalidated and can be used to fulfill other tax obligations of the individual. there;

d) When businesses, economic organizations, other organizations and individuals have their tax codes deactivated, they must simultaneously deactivate the tax codes paid on their behalf;

d) If the taxpayer who is the managing unit terminates the validity of its tax code, the dependent units must have their tax code invalidated.

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Thus, according to this regulation, in case the tax code of a business household or individual business expires, the tax code of the representative of the business household will not be invalidated and will be used to Fulfill other tax obligations of that individual.

Therefore, the tax code of the representative of the business household will not be invalidated in case the business household’s code is terminated.

Pursuant to Clause 2, Article 40 of the Law on Tax Administration 2019, there are regulations on tax code restoration as follows:

Restore tax code

1. Taxpayers register for tax along with business registration, cooperative registration, or business registration if their legal status is restored according to the provisions of law on business registration and cooperative registration. If you register your business, your tax code will be restored at the same time.

2. Taxpayers who register taxes directly with the tax authority submit an application for tax code restoration to the directly managing tax authority in the following cases:

a) Have a competent authority issue a document canceling the document revoking the business registration certificate or equivalent license;

b) When there is a need to continue business operations after a tax code termination application has been sent to the tax authority but the tax authority has not yet issued a notice of tax code termination;

c) When the tax authority notices that the taxpayer is not operating at the registered address but has not had his license revoked and his tax code has not been invalidated.

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Accordingly, taxpayers who register taxes directly with the tax authority can submit an application to restore their tax code when they need to continue business operations after having a dossier to terminate the validity of their tax code. sent to the tax authority but the tax authority has not yet issued a notice of tax code termination.

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