LuatVietnam | Removing a term regarding banking account must be registered

Removing a term regarding banking account must be registered

Circular No. 173/2016/TT-BTC dated October 28th, 2016 of the Ministry of Finance on amending, supplementing to the first paragraph of Clause 3 Article 15 of Circular No. 219/2013/TT-BTC dated December 31st, 2013 of the Ministry of Finance (which has the amended, supplemented according to Circular No. 119/2014/TT-BTC dated August 25th, 2014, Circular No. 151/2014/TT-BTC dated October 10th, 2014, Circular No. 26/2015/TT-BTC dated February 27th, 2015 of the Ministry of Finance)

Posted: 4/11/2016 9:11:09 AM | Latest updated: 18/5/2022 8:06:12 AM (GMT+7) | LuatVietnam: 4093 | Vietlaw: 280

Pursant documents

219/2013/TT-BTC - New guidelines on VAT declaration and refund

This Circular is to amend the provisions provided for via –bank payment documents in the manner of removing the requirement for which the payment account which is used as the basis for tax value added tax (VAT) deduction, refund must be the account already registered with or informed to tax authority

Therefore, enterprises are only required to have via-bank payment documents according to legitimate forms in accordance with current law provisions such as cheque, payment orders, collection orders, banking cards, credit cards, sim card (electronic wallet), the conditions on VAT deduction, VAT refund are met instead of having to transfer money via an account which has been registered with or informed to tax authorities

This Circular takes effect from December 15th, 2016.

Trước khi sửa đổi bằng Thông tư này, Bộ Tài chính đã có Công văn số 15249/BTC-TCT ngày 26/10/2016 (riêng Tổng cục Thuế có 2 Công văn số 4987/TCT-CS ngày 26/10/2016 và Công văn số 3210/TCT-CS ngày 12/8/2014), thừa nhận việc thanh toán hay nhận thanh toán bằng các tài khoản ngân hàng chưa đăng ký với cơ quan Thuế chỉ bị xử phạt về thuế chứ không bị xem là lý do để bác hoàn thuế hoặc không cho khấu trừ.

Notes

Prior to the promulgation of this Circular, the Ministry of Finance has given Official letter No. 15249/BTC-TCT dated October 26th, 2016 (particularly, the General Department has given two Official letters No. 4987/TCT-CS dated October 26th, 2016 and No. 3210/TCT-CS dated August 12th, 2014) to admit that the payment or receipt of payment conducted via bank accounts which are not yet registered with tax authorities shall be only imposed penalties for tax – related violations rather than being regarded as the reason for calculation of tax refund or tax deduction.

Ms Phuong Thao (VietlawOnline.com)

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