Encourage and motivate business development
The draft Law on amending and supplementing a number of articles of the Law on Value Added Tax presented by Minister of Finance Nguyen Van Thang stated that the promulgation of the draft Law aims to perfect regulations on value added tax policies for agricultural products, animal feed, and conditions for value added tax refunds to remove "bottlenecks", immediately resolve urgent problems, difficulties, and inadequacies arising from practice. Thereby, encouraging and creating development motivation for enterprises, especially those in the agricultural sector, contributing to promoting economic development.
The Draft Law consists of 2 Articles, of which Article 1 amends, supplements and abolishes a number of articles of the Law on Value Added Tax; Article 2 comes into force.
Based on political and legal grounds and from the analysis of difficulties as well as practical context, the draft Law amends and supplements the provisions on value added tax policy for agricultural products, animal feed, input value added tax deduction and tax refund conditions in Clause 1, Article 5, Clause 5, Article 9, Article 14 and Clause 9, Article 15 of Value Added Tax Law No. 48/2024/QH15.
Specifically, to continue to support and facilitate enterprises, cooperatives, and cooperative unions in agricultural product trading activities and support farmers in product consumption, the Government proposes to supplement Clause 1, Article 5 on non-taxable subjects (this content was previously stipulated in Clause 1, Article 1 of Law No. 106/2016/QH13 and was abolished in Value Added Tax Law No. 48/2024/QH15) and add 1 clause (Clause 3a) in Article 14 on input value added tax deduction of Value Added Tax Law No. 48/2024/QH15.
To contribute to the goal of immediately removing "bottlenecks" in 2025 according to Resolution No. 66-NQ/TW, renewing the thinking of building and organizing law enforcement according to Resolution No. 68-NQ/TW, the Government proposes to remove the regulation on tax refund conditions (buyers are only entitled to tax refunds when the seller has declared and paid taxes) at Point c, Clause 9, Article 15 of the Law on Value Added Tax No. 48/2024/QH15 (this content has just been added in the Law on Value Added Tax No. 48/2024/QH15)...
Carefully review and evaluate each specific recommendation of the business.
The review report presented by Chairman of the Economic and Financial Committee Phan Van Mai stated that many opinions in the Committee believe that it is necessary to carefully consider the necessity of amending and supplementing the Law at this Session.
Because the provisions of the Law as well as the guiding documents under the Law have just been implemented not long ago, there is not enough time needed to conduct a comprehensive summary and assessment of the implementation of the Law.
Many opinions say that the basic problem still comes from the delay in value added tax refunds.
Therefore, it is necessary to carefully consider and evaluate each specific proposal of the enterprise; consider which content needs to be amended in the Law, which content is implemented by the organization and needs to be amended in the sub-Law documents.
The amendment cannot be too biased towards the goal of facilitating businesses, but instead creates loopholes, causing loss of revenue to the budget and not ensuring Regulation No. 178-QD/TW on controlling power and preventing corruption and negativity in law-making work.
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Regarding the removal of the regulation at Point c, Clause 9, Article 15 of the current Law, the Government proposes to remove the provision on one of the conditions for tax refund: "The seller has declared and paid value added tax on invoices issued to the business establishment requesting tax refund".
In implementing Regulation 178-QD/TW, the Committee recommends that this regulation not be abolished to ensure prevention of negative and fraudulent VAT refunds. At the same time, it is recommended that the Government soon take measures to remove tax refund difficulties for businesses that comply well with other more suitable options.
The reason is that according to the business's recommendation, in order for businesses to receive early tax refunds, they do not need to wait for their sellers to declare and pay taxes, helping to solve cash flow problems, avoiding the risk of not receiving refunds because businesses do not have the tools to check the seller's tax compliance status at the time of preparing the tax refund dossier and do not have to take responsibility on behalf of the seller.
In the immediate future, it is possible to amend the sub-law regulations on tax calculation and payment periods to address the unreasonable and inconsistent tax declaration and refund periods of enterprises. At the same time, it is necessary to create a mechanism for enterprises to look up information on the tax compliance status of the seller.
In the long term, it is necessary to promote the roadmap for automatic tax refunds for businesses with a good compliance history and no risks as envisaged in the draft Law on Tax Administration.
Source: https://daibieunhandan.vn/khong-tao-ke-ho-gay-that-thu-cho-ngan-sach-10399595.html
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