Penalty for late cancellation of invoices

On October 19, 2020, the Government issued a new Decree on penalties for administrative violations of tax and invoices - Decree 125/2020 / ND-CP. This Decree will take effect from December 5, 2020. In particular, the first time to mention the sanction of "canceling, destroying overdue invoices", and the fine can be up to 8,000,000 VND. Tax agent TASCO would like to inform you about this new sanction.

Penalties for Violations of the Regulations on Cancellation, Destruction of Invoices According to the Latest Decree of the Government

Article 27 of Decree 125/2020 / ND-CP for the first time set out a sanction for the act of canceling or destroying overdue invoices. Article 27 states:

 1. A warning will be imposed on the act of destroying or destroying invoices 1 to 5 working days behind schedule, from the date of expiration of the time limit, to cancel or destroy invoices according to regulations with mitigating circumstances.

2. A fine of between VND 2,000,000 and 4,000,000 shall be imposed for one of the following acts:

a) Improper cancellation of issued invoices but not yet used, invoices are no longer valid;

 b) Failure to cancel issued invoices which have not been used yet or are no longer valid; not canceling invoices purchased from tax authorities that have expired;

 c) Canceling or destroying invoices which are 1 to 10 working days behind schedule from the date of expiration of the time limit to cancel or destroy invoices according to regulations, except for the case specified in Clause 1 of this Article.

3. A fine of between VND 4,000,000 and VND 8,000,000 shall be imposed for one of the following acts:

a) Cancel or destroy invoices which are 11 working days or more behind schedule from the date of expiration of the time limit to cancel or destroy invoices according to regulations

 b) Failure to destroy or destroy invoices as prescribed by law;

 c) Failure to cancel an e-invoice when making errors after the tax authority notifies the seller on the inspection of error or error;

 d) Failure to cancel unreleased pre-printed invoices that are no longer in use as prescribed;

dd) Cancel or destroy an invoice in contravention of the order and procedures as prescribed by law;

 e) Destroying invoices in contravention of cases that must be destroyed as prescribed.

 * Remedy: Forcible destruction or destruction of invoices, for acts specified at Point b, Clause 2, Points b, c, d, Clause 3 of this Article.

Please see more related articles:

 Procedures and dossiers for paper invoice destruction change to using electronic invoices

Decree 125/2020 / ND-CP stipulates the sanction for administrative violations of tax and invoice.

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