Business households will self-declare taxes based on invoices and actual revenue.

VTV.vn - The draft Law on Tax Administration (amended) proposes that business households and individuals self-declare, calculate and pay taxes based on invoices and actual revenue.

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Adding many prohibited acts in tax management

On the morning of November 4, Minister of Finance Nguyen Van Thang, authorized by the Prime Minister, presented the draft Law on Tax Administration (amended).

Minister Nguyen Van Thang informed that the draft Law on Tax Administration (amended) newly supplements regulations that tax authorities shall conduct tax administration according to taxpayer classification; tax administration for cross-border transactions, digital economy , e-commerce, digital assets and newly arising economic types and transactions.

At the same time, supplement the regulation that taxpayers self-determine their tax obligations, self-declare taxes and self-pay taxes; amend the regulation that the tax code of individuals, households, business households and individual businesses is the personal identification number of individuals, heads of households, heads of business households and individual businesses issued in accordance with the provisions of the law on identification.

The Draft Law also amends and supplements a number of prohibited acts in tax management, such as: tax refund fraud, profiteering from tax money and state budget money; taking advantage of positions and powers to disclose or leak taxpayer information in violation of regulations; intentionally falsifying results of tax inspection and handling of tax violations; intentionally failing to declare or incompletely declaring the amount of tax exempted, reduced, refunded, or not collected; opposing, delaying, or failing to provide information and documents for tax inspection and supervision.

On the morning of November 4, Minister of Finance Nguyen Van Thang, authorized by the Prime Minister , presented the draft Law on Tax Administration (amended).

In addition, it is strictly prohibited to sell goods or provide services without issuing invoices in accordance with the provisions of law, use illegal invoices and documents, illegally use invoices and documents, falsify invoices and documents to commit illegal acts; use software services and systems to create illegal electronic invoices and documents or serve violations in the field of tax management; provide and disseminate false information that affects the reputation and operation of tax management agencies and tax management information systems.

At the same time, cite prohibited acts in deducting and refunding value added tax according to the provisions of the Law on Value Added Tax.

Regarding tax declaration, tax calculation, and tax deduction for business households and business individuals, implementing the policy of eliminating lump-sum tax according to Resolution 68, the draft Law is amended in the direction that: Business households and business individuals, based on the actual annual revenue from production and business activities of goods and services, self-determine whether they are subject to no tax, do not have to pay tax, or are subject to tax, must pay tax according to the provisions of the law on tax.

For business households and individuals who are subject to tax payment, they must declare and calculate taxes for each type of tax according to the tax period.

At the same time, the Government shall specify in detail this content, including the method of calculating value added tax; records and procedures for declaring revenue, declaring taxes and paying taxes. The Ministry of Finance shall prescribe the accounting regime applicable to business households and business individuals.

Notably, the draft Law adds new regulations on measures applied in tax inspections in cases of signs of tax evasion, including: collecting information related to tax evasion and temporarily detaining related documents.

At the same time, supplement the right of tax authorities to request temporary suspension of business operations, request business registration authorities to temporarily suspend changes to the registration contents of enterprises, cooperatives, cooperative unions, cooperative groups, and business households while handling tax violations.

Consider adjusting tax rates for business households/individuals

Presenting the review of the draft Law, Chairman of the National Assembly's Economic and Financial Committee Phan Van Mai said that the draft Law stipulates that business households/individuals will pay value added tax and personal income tax at a percentage rate and declare revenue according to invoices, instead of the lump-sum mechanism.

In fact, the declaration of revenue based on invoices will be higher than the current fixed rates applied by business households/individuals. Accordingly, the tax burden (value added tax and personal income tax) of business households will change significantly when the collection rates remain unchanged.

From there, the Committee recommends that the drafting agency supplement specific impact assessment data on changes in tax obligations for business households/individuals.

In case of necessity, if the change in declared revenue compared to the current fixed rates is too large, it is recommended to consider adjusting tax rates in policy laws so that the tax burden on related subjects is not too greatly affected, in accordance with the spirit of Resolution No. 68 and the goal of improving people's lives of the Party and State.

Source: https://vtv.vn/ho-kinh-doanh-se-tu-ke-khai-thue-theo-hoa-don-doanh-thu-thuc-te-100251104113043781.htm