Request banks to provide information to prevent tax losses

The document clearly states that, in order to promptly and synchronously deploy tax management solutions, the General Department of Taxation requests commercial banks and other credit institutions to provide transaction information via accounts, account balances, and transaction data at the request of the Director of the Tax Department to serve the purpose of inspection, examination, determination of tax obligations and implementation of measures to enforce administrative decisions on tax management according to the provisions of the law on tax, within 10 working days from the date of receipt of the written request of the tax authority.

In case commercial banks and other credit institutions do not provide data as requested by tax authorities, they will be subject to administrative sanctions according to the provisions of Article 19 of Decree No. 125/2020/ND-CP dated October 19, 2020 of the Government regulating sanctions for administrative violations related to taxes and invoices.

When tax departments request information, they will send documents to the head offices of commercial banks and other credit institutions for implementation. The request must be complete and detailed with information on identification and content for commercial banks and other credit institutions to implement.

For complex and important matters, meetings can be organized between the tax department and commercial banks and other credit institutions; or coordination and work with the tax department directly managing commercial banks and other credit institutions according to the provisions of law.

Tax departments directly managing commercial banks and other credit institutions are responsible for coordinating with tax departments when requested.

Tax departments are responsible for keeping information confidential, using information for the right purposes and are fully responsible for the safety of information according to the provisions of the Law on Tax Administration and relevant legal provisions.

Regarding the declaration, deduction, payment of tax obligations and monitoring of money transferred to foreign suppliers without a permanent establishment in Vietnam that conduct e-commerce business or digital platform-based business with organizations and individuals in Vietnam (referred to as foreign suppliers): The General Department of Taxation requests commercial banks, other credit institutions and organizations providing intermediary payment services to declare, deduct, pay on behalf of and monitor the money transferred to foreign suppliers in accordance with the provisions of Article 81 of Circular No. 80/2021/TT-BTC dated September 29, 2021 of the Ministry of Finance .

In case commercial banks, other credit institutions and payment intermediary service providers fail to comply, they will be handled according to the provisions of Clause 1, Article 144 of the Law on Tax Administration No. 38/2019/QH14 dated June 13, 2019.

The Large Enterprise Tax Department is responsible for notifying the name and website address of the foreign supplier that has not registered, declared, or paid taxes, but the buyer of goods and services has made transactions to the Head Office of the Commercial Bank, other credit institutions, and payment intermediary service providers. At the same time, coordinate with the Commercial Bank, other credit institutions, and payment intermediary service providers to implement Article 81 of Circular No. 80/2021/TT-BTC dated September 29, 2021 of the Ministry of Finance.

Ho Chi Minh City Tax Department fined 1,550 billion VND for tax violations

38,514 inspections and audits of enterprises, many violations were detected, so the amount of 4,221 billion VND was recommended for handling. Of which, additional tax collection was 1,550 billion VND, VAT deduction was reduced by 122 billion VND, and loss was reduced by 2,550 billion VND. This is the result of tax management implementation in the first 5 months of 2023 by the Ho Chi Minh City Tax Department.

According to the Ho Chi Minh City Tax Department, in the first 5 months of the year, the Tax Department conducted 4,019 inspections at enterprises, with the amount of tax collected, fined and refunded of VND 929 billion, an increase of 48% (compared to the same period in 2022); reduced VAT deduction of VND 116 billion; reduced loss of VND 2,544 billion; did not refund VND 15.3 billion; currently collected and paid to the State budget VND 539 billion.

In addition, the Ho Chi Minh City Tax Department also inspected 38,514 tax declarations at the tax office, with the tax amount required to be declared additionally and determined at 16.1 billion VND, reducing losses by 5.4 billion VND, reducing deductions by 5.8 billion VND. Of which, 330 dossiers required additional declarations, 212 dossiers were determined for tax, and 374 dossiers of violations proposed for enterprise inspection.

In addition to inspections, the Ho Chi Minh City Tax Department also conducted 157 inspections of enterprises, detecting many violations with the amount of tax arrears, fines and refunds of 605 billion VND, an increase of 191%; VAT deduction reduced by 32 billion VND; loss reduced by 733 billion VND; currently collected and paid to the State budget 523 billion VND.

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