SOME GUIDANCE ON TAX AND USE OF INVOICES FOR BUSINESS HOUSEHOLDS

The City Tax Department provides guidance on tax declaration and payment for business households and individuals that directly declare tax in 2022.

Instructions for using invoices:

️⛳ Business households using invoices (excluding the case of using invoices for each time they are incurred) must comply with the accounting regime and pay tax according to the declaration method from January 1, 2022. In case business households use e-invoices, they should contact the tax authority directly managing them for guidance.

️⛳ In case the business household contracts, or the business household that pays tax for each time they are incurred, needs an invoice to be delivered to the customer, then request the tax authority to issue/sell invoices each time they arise. Invoices issued/sold by tax authorities are paper invoices or electronic invoices according to the schedule of tax authorities.

⛳ Business households to apply e-invoices (excluding contracted households, households that arise each time) need an email, digital signature (issued through a certification service provider), accounting software and an internet-connected computer or mobile device with an e-invoice application installed.

⛳ E-invoices of business households are made through an e-invoice service provider (information about an e-invoice service provider is published on the portal of the General Department of Taxation);  or directly on the website of the General Department of Taxation (for the case where the business household declares tax according to each time it is incurred or the business household in an area with difficult socio-economic conditions, especially difficult according to the Government's regulations, is eligible for free invoice service in 12 months).

⛳ In case a business household needs to use invoices but does not immediately satisfy the conditions to switch to using e-invoices as prescribed, it can continue to use paper invoices until the end of June 30, 2022. and must submit a data declaration of invoices and vouchers for goods and services, Form No. 03/DL-e-invoices as prescribed in Decree No. 123/2020/ND-CP from the tax declaration period in January/ First quarter of 2022 to the end of the June tax declaration /second quarter of 2022.

⛳ Particularly in case a business household in an area with difficult or extremely difficult socio-economic conditions according to the Government's regulations but does not immediately meet the conditions to switch to using e-invoices as regulated, the From July 1, 2022, you can continue to use paper invoices for a maximum of 12 months. The maximum period of 12 months is counted once: from July 1, 2022 (for business households operating before July 1, 2022); from the time of establishment (for business households newly established after July 1, 2022).

Guidance on tax declaration and payment for business households:

🍀 Tax declaration:

• Including: large-scale business households and business households that have not yet met the requirements of large-scale but choose to pay tax according to the declaration method. Criteria to identify large-scale business households is revenue or labor employed, specifically: in the fields of agriculture, forestry, fishery and industry, construction has an average number of employees participating in social insurance average of 10 people or more per year; or the total revenue of the preceding year from 3 billion VND or more; In the field of commerce and service, the average number of employees participating in social insurance is 10 or more per year or the total turnover of the preceding year is 10 billion VND or more.
• Business households must comply with the accounting, invoice and voucher regime. In case the household declares in the field or line of business with grounds for determining business revenue as certified by the competent authority, the accounting regime is not required.
• Business households shall implement the accounting regime as guided in Circular No. 88/2021/TT-BTC dated October 11, 2021 of the Ministry of Finance from January 1, 2022.
• Business households shall declare tax on a monthly or quarterly basis as prescribed.

🍀 Tax declaration dossiers include:

• Tax declaration form No. 01/CNKD issued together with Circular 40/2021/TT-BTC;
• Appendix List of business activities in the period according to form No. 01-2/BK-HDKD issued together with Circular 40/2021/TT-BTC. In case the household declares, if there is a basis to determine the revenue according to the certification of the competent authority, it is not required to submit the Appendix to the list, form No. 01-2/BK-HDKD.

🍀 Application deadline:

• For business households paying tax by the monthly declaration method, the latest is the 20th day of the month following the month in which the tax liability arises.
• For business households that pay tax by the quarterly declaration method, the latest is the last day of the first month of the next quarter adjacent to the quarter in which the tax liability arises.

🍀Tax payment deadline:

• The deadline for tax payment is the last day of the tax return filing deadline. In case of additional declaration of tax return, the deadline for tax payment is the deadline for submitting the tax return of the tax period with errors or omissions.

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