Promotion is one of the popular forms of promoting consumption by businesses. To ensure the legality of promotional programs, the Ministry of Finance has issued Circular No. 78/2021/TT-BTC guiding the issuance of promotional invoices to reduce sales prices.
This article will provide necessary information about the tax authorities' latest regulations on issuing promotional invoices for sales discounts, helping businesses comply with regulations and avoid arising risks.
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Latest instructions on issuing promotional invoices for sales discounts
Faced with regulatory problems when issuing promotional invoices to reduce sales prices, the Hanoi Tax Department has Official dispatch 74722/CTHN-TTHT 2023 stated the following views:
When making an electronic invoice to adjust an electronic invoice that has been created with errors, follow the instructions in Point b, Clause 2, Article 19 of Decree 123/2020/ND-CP, for the value content on the invoice. If there are errors, then: adjust up (record positive sign), adjust down (record negative sign) in accordance with the actual adjustment as prescribed in Clause 1, Article 7 of Circular 78/2021/TT-BTC.
Pursuant to Article 19 of Decree 123/2020/ND-CP stipulates:
Invoice processing has errors
- In case the seller discovers that there are errors in the electronic invoice that has been issued with a code from the tax authority and has not yet been sent to the buyer, the seller shall notify the tax authority according to Form No. 04/SS-HDĐT, Appendix IA issued by the seller. attached to this Decree on canceling electronic invoices with erroneous codes and creating new electronic invoices, digitally signing and sending to the tax authority to issue a new invoice code to replace the created invoice to send to the buyer. . The tax authority cancels the electronic invoice that has been issued a code with errors stored on the tax authority's system.
- In case an electronic invoice with a tax authority's code or an electronic invoice without a tax authority's code has been sent to the buyer and the buyer or seller discovers errors, it will be handled as follows:
- a) In case there are errors in the buyer's name and address but the tax code is not incorrect and other contents are not incorrect, the seller notifies the buyer of the error and does not have to re-issue the invoice. single. The seller must notify the tax authority about the electronic invoice with errors according to Form No. 04/SS-HDĐT Appendix IA issued with this Decree, except in cases where the electronic invoice does not have the authority's code. Tax has the above errors and has not sent invoice data to the tax authority.
- b) In case of error: tax code; If there is an error in the amount recorded on the invoice, an error in the tax rate or tax amount, or if the goods listed on the invoice are not of the correct specifications or quality, you can choose one of two ways to use electronic invoices as follows:
b1) The seller issues an electronic invoice to adjust the invoice that was created with errors. In case the seller and buyer have agreed to draw up a written agreement before making an invoice to correct an invoice that has errors, the seller and buyer shall make a written agreement clearly stating the errors, then The seller issues an electronic invoice to adjust the invoice that has been created with errors.
Electronic invoices to adjust electronic invoices that have been issued with errors must have the words "Adjustment for invoice Form number... symbol... number... day... month... year".
b2) The seller issues a new electronic invoice to replace the erroneous electronic invoice, unless the seller and buyer have agreed to draw up a written agreement before issuing an invoice to replace the already issued invoice. If there are errors, the seller and buyer make a written agreement clearly stating the errors, then the seller issues an electronic invoice to replace the invoice that was created with errors.
The new electronic invoice to replace the electronic invoice that was created with errors must have the words "Replace invoice Form number... symbol... number... day... month... year".
The seller digitally signs the new electronic invoice to adjust or replace the electronic invoice that was created with errors, then the seller sends it to the buyer (in case of using an electronic invoice without the agency's code). tax) or send it to the tax authority so that the tax authority can issue a code for a new electronic invoice to send to the buyer (in case of using an electronic invoice with a tax authority code).
- c) For the aviation industry, invoices for exchange and refund of air transport documents are considered adjustment invoices without the information "Increase/decrease adjustment for invoice Form number... symbol... date... month … year". Air transport enterprises are allowed to issue their own invoices for cases of refund or exchange of transport documents issued by agents.
In all cases, does the seller have to issue an invoice to the buyer?
According to the provisions of Article 4 Decree 123/2020/ND-CP clearly states the principles for creating, managing and using invoices and documents when selling goods and providing services as follows:
Principles for creating, managing and using invoices and documents
- When selling goods or providing services, the seller must issue an invoice to deliver to the buyer (including cases of goods and services used for promotion, advertising, sample goods; goods and services used for to give, donate, donate, exchange, pay on behalf of wages to employees and for internal consumption (except for goods circulated internally to continue the production process); export goods in the form of loans and grants. borrow or return goods) and must fully record the content as prescribed in Article 10 of this Decree. In case of using electronic invoices, it must follow the standard data format of the tax authority as prescribed in Article 12. This Decree.
Thus, normally when selling goods or providing services, the seller must issue an invoice to deliver to the buyer, including cases where goods and services are used for promotion, advertising, or sample goods; goods and services used to give, donate, donate, exchange, pay instead of wages to employees and for internal consumption; export goods in the form of lending, lending or returning goods.
However, for goods circulated internally to continue the production process, invoices are not required.
What acts are prohibited in the field of invoices and documents?
Based on Article 5 Decree 123/2020/ND-CP Regulates prohibited acts in the field of invoices and documents as follows:
For tax officials:
- Causing trouble and difficulties for organizations and individuals purchasing invoices and documents;
- Acts of covering up or colluding with organizations or individuals to use illegal invoices and documents;
- Receiving bribes when inspecting and checking invoices.
For organizations and individuals selling and providing goods and services, organizations and individuals have related rights and obligations:
- Committing fraudulent acts such as using illegal invoices, illegally using invoices;
- Obstructing tax officials from performing their official duties, specifically obstructing acts that damage the health and dignity of tax officials while inspecting and checking invoices and documents;
- Unauthorized access, falsification, or destruction of the invoice and voucher information system;
- Giving bribes or performing other acts related to invoices and documents to gain illegal profits.
Circular No. 78/2021/TT-BTC and Decree 123/2020/ND-CP clearly regulate the issuance of promotional invoices to reduce sales prices. Businesses need to clearly understand these regulations to implement them correctly and avoid arising risks.
In addition, businesses also need to pay attention to the following issues:
- Enterprises must implement promotional programs to reduce sales prices in accordance with the provisions of commercial law.
- Enterprises must retain promotional invoices for sales discounts to serve the tax authorities' inspections.
With the above information, it is hoped that businesses will comply with regulations on issuing promotional invoices to reduce sales prices and achieve high efficiency in their promotion programs.
B-Invoice – Electronic invoice solution fully meets the requirements
According to the provisions of Article 89 of the Law on Tax Administration dated June 13, 2019, Article 11 of Decree 123/2020/ND-CP, Article 1 of Decree No. 41/2022/ND-CP and Article 8 of Circular No. 78/2021 /TT-BTC, regulates the use of electronic invoices created from cash registers with tax authority codes.
Bizzi Vietnam now has a solution B-Invoice electronic invoice – Double the convenience, double the optimization. Thereby, Bizzi will support customers in using electronic invoices created from the cash register.
Why should businesses switch to using B-Invoice?
- Recognized by the General Department of Taxation, fully meeting the requirements and operations according to Decree 123/2020/ND-CP and Circular 78/2021/TT-BTC
- The best cost when customers use both output and input invoices
- Easy integration and customization to your needs
- Warehouse of diverse invoice templates, designed according to needs
- Store invoices for 10 years
- Automatically update new versions when there are changes in operations as required by Tax
- Security system according to ISO 27001 standard
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