This Decision stipulates the measures for recovering Value Added Tax and Corporate Income Tax from business establishments trading motor vehicles and two-wheeled motorcycles with engines when the sales price recorded on invoices exceeds the actual sales price. This Decision shall take effect fifteen days after the date of signing.
适用范围
Business establishments dealing in motor vehicles and two-wheeled motorcycles with engines.
要点
- Business establishments trading motor vehicles and two-wheeled motorcycles with engines → shall be subject to recovery of Value Added Tax and Corporate Income Tax based on the sales price recorded on invoices if it is higher than the actual sales price (Article 1).
- The sales price for calculating recovery shall be determined based on the minimum price list of motor vehicles and two-wheeled motorcycles with engines excluding Value Added Tax (Article 2).
🌐 本文件的社会影响
- Positive impact: Reducing tax revenue loss for the State.
- Negative impact: Increased burden of costs and administrative procedures for businesses.
❓ 常见问题
How will business establishments trading motor vehicles and two-wheeled motorcycles with engines be treated when the sales price recorded on invoices is higher than the actual sales price?
Business establishments will be subject to recovery of Value Added Tax and Corporate Income Tax based on the sales price recorded on invoices, and will also be penalized according to current laws (Article 1).
How is the sales price for calculating recovery determined?
The sales price for calculating recovery shall be determined based on the minimum price list of motor vehicles and two-wheeled motorcycles with engines excluding Value Added Tax (Article 2).
When does this Decision come into effect?
This Decision shall take effect fifteen days after the date of signing (Article 3).
How will the Ministry of Finance guide the implementation of this Decision?
The Minister of Finance shall provide guidance on implementing this Decision (Article 4).
How will business establishments trading motor vehicles and two-wheeled motorcycles with engines be affected?
Business establishments must comply with recording sales prices on invoices that do not exceed the actual sales price to avoid being subject to tax recovery and penalties (Article 1).
全文
DECISION OF THE PRIME MINISTER
On preventing revenue loss from value-added tax and corporate income tax through sales prices
in automobile and two-wheeled motorbike trading activities
PRIME MINISTER
Based on the Government Organization Law dated December 25, 2001;
Pursuant to the Law on Value-Added Tax No. 02/1997/QH9 dated May 10, 1997;
Pursuant to the Law on Corporate Income Tax No. 03/1997/QH9 dated May 10, 1997;
At the proposal of the Minister of Finance,
DECISION:
Article 1. Business entities selling automobiles and two-wheeled motorbikes that record sale prices on invoices provided to consumers lower than actual market prices shall be subject to back taxes for value-added tax and corporate income tax based on the prices stipulated in Article 2 of this Decision; at the same time, they will be penalized according to current laws.
Article 2. The sale price used as the basis for calculating back taxes for value-added tax and corporate income tax shall be determined based on the minimum price list for automobiles and two-wheeled motorbikes established by provincial People's Committees for stamp duty collection (excluding value-added tax).
Article 3. This Decision takes effect fifteen days after its date of issuance.
Article 4. The Minister of Finance shall provide guidance on the implementation of this Decision.
Ministers, heads of ministerial-level agencies, heads of agencies under the Government, Chairpersons of provincial-level People's Committees shall be responsible for implementing this Decision./.
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