NOTES ON ELECTRONIC INVOICES FOR BUSINESS HOUSEHOLDS AND INDIVIDUALS ACCORDING TO CIRCULAR NO. 78

According to Circular No. 78/2021/TT-BTC regulating electronic invoices, besides the general regulations applicable to organizations and businesses, business households and individuals are also subject to the application of electricity invoices. In the following article, TASCO Tax Agent will give some notes to business households and individuals about electronic invoices according to the latest regulations of the Ministry of Finance, invite customers and readers to consult.

1. Cases of business households and individuals using electronic invoices:

Business households and individuals use electronic invoices from July 1, 2022 according to the provisions of Clause 2, Article 6 of Circular No. 78/2021/TT-BTC.

Specifically, cases that business households and individuals use electronic invoices include:

1️⃣ Business households and individuals pay tax by the declaration method;

2️⃣ Business households and individuals pay tax by the presumptive method: The tax authority issues an electronic invoice each time the sale of goods and services is generated (if the customer requests to receive the invoice). ;

3️⃣ Business households and individuals declare tax for each time it is incurred: The tax authority issues an electronic invoice each time when selling goods or providing services.

2. Subjects who have not yet applied electronic invoices from July 1, 2022:

Clause 2, Article 11 of Circular 78/2021/TT-BTC stipulating that business households and individuals apply electronic invoices from July 1, 2022. However, there are still subjects who can continue to use paper invoices of tax authority, specifically:

Subjects of application: Business households and individuals doing business in areas with difficult socio-economic conditions or areas with extremely difficult socio-economic conditions do not conduct transactions with the tax authority by electronic means, no accounting software system, no information technology infrastructure, no electronic invoice software to use electronic invoices and transmit electronic data to buyers and go to the tax authority, they can continue to use the paper invoices of the tax authority.

Time to use paper invoices: Used for up to 12 months.

- A maximum of 12 months is counted once from July 1, 2022 for business households and individuals that have been operating since before July 1, 2022.

- A maximum of 12 months from the time of registration to start using invoices for new business households and individuals established from July 1, 2022.

3. Can a logo or other information be added to an electronic invoice?

Business households and individuals can create a logo to represent the seller's brand, trademark or representative image in the content of the electronic invoice. This content is clearly specified in Clause 15, Article 10 of Decree 123/2020/ND-CP as follows:

In addition to the instructions from Clauses 1 to 13 of this Article, businesses, organizations, business households and individuals can create additional information about their logos to represent their trademarks, brands, or representative image of the seller. Depending on the characteristics, transaction individuality and management requirements, the invoice may show information about the Sales Contract, shipping order, customer code and other information.”

4. 4 cases to stop using electronic invoices:

Pursuant to Clause 1, Article 16 of Decree No. 123/2020/ND-CP, business households and individuals in the following cases must stop using e-invoices with codes and e-invoices without codes of the tax authority:

✔️ Business households and individuals have their tax identification numbers invalidated.

✔️ Business households and individuals that are verified and notified by the tax authority are not operating at the registered business address.

✔️ Business households and individuals notify the competent state agency of business suspension.

✔️ Business households and individuals have a notice from the tax authority about stopping the use of electronic invoices to enforce tax debt.

5. In case of using electronic invoices with codes but non-payable:

Subjects of application: Business households and individuals doing business in areas with difficult socio-economic conditions, areas with extremely difficult socio-economic conditions (according to Clause 1, Article 14 of Decree No. 123/2020/ND-CP).

Areas with difficult or extremely difficult socio-economic conditions shall comply with the list of areas eligible for investment incentives issued together with Decree 118/2015/ND-CP and amendments, supplements or replacements documents (if any).

Time to not have to pay for services: Within 12 months from the time you start using electronic invoices.

If you have any questions about the above contents, please contact TASCO Tax Agent via hotline: 0975.48.08.68 (Zalo) for a free consultation!

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