Bizzi

What are fraudulent invoices? Risks, penalties, how to identify them, and prevention solutions.

Amidst the tax authorities' tightening of regulations on electronic invoices, tax refunds, and transaction risk control, fake invoices This has become one of the biggest risks for businesses. Just one invoice that doesn't accurately reflect the nature of the transaction can lead to a host of consequences: disallowed expenses, inability to deduct VAT, back taxes and penalties, and even criminal liability.

This article helps businesses understand correctly. What is a fake invoice?Distinguishing it from other types of invoices, understanding the legal framework and penalties, and providing ways to identify and prevent problems from the perspective of accountants, CFOs, and internal auditors.

Index

Toggle

What is a fake invoice?

First, it's necessary to clarify the concept to avoid confusing fraudulent invoices with common errors.

Legal concept

Fake invoices is an invoice does not reflect actual economic transactions that occurred.In other words, the invoice is issued, but... No goods or services are actually bought, sold, or supplied..

According to current regulations, fraudulent invoices are classified as a category. illegal invoiceThis constitutes a serious violation in tax and invoice management.

economic nature

From an accounting and auditing perspective, fictitious invoices violate accounting principles. "Substance over form" (the essence is more important than the form).
Even if the invoice has all the necessary forms, digital signatures, authentication codes, etc., if... No real transactions It would still be considered invalid.

What is a fake invoice? Buying and selling fake invoices.

What is the difference between a blank invoice, an erroneous invoice, and a fake invoice?

Here's how Clearly distinguish between blank invoices, erroneous invoices, and fake invoices. based on three core criteria commonly used by tax authorities, auditors, and inspectors.

Distinguishing between these three types of invoices correctly is very important because The severity of the violation, the handling method, and the legal risks are completely different..

1. Was there a real transaction?

The key point:

2. Severity of the violation

3. Ability to adjust and correct

Quick comparison table

Criteria Fake invoices Incorrect invoice Fake invoices
Actual transaction Do not have Have Do not have
Level of violation Very serious Mild to moderate Very serious
Adjustable Almost none Adjustable/Replaceable Are not
Tax consequences Expenses, VAT, and heavy penalties may be imposed. Adjusting declarations Hold people accountable.

The key point: A fictitious invoice is wrong from the start.That's not a technical error.

Common types of fraudulent invoices used by businesses.

In practice, during tax audits and inspections, Fake invoices don't just exist in one form.Businesses can inadvertently or intentionally be involved with fraudulent invoices to varying degrees, from easily recognizable to highly sophisticated.

Below is 5 most common types of fake invoices which tax authorities often discover.

1. Completely fictitious: No delivery or receipt, no actual transaction.

This is the form Clearly fraudulent invoices represent the highest risk..

Characteristic:

Common purposes:

Risk:

2. Partial misrepresentation: Transactions occurred but the value or quantity was falsely declared.

This is the form It is dangerous because it can easily be mistaken for a legitimate transaction..

Common symptoms include:

Purpose:

Risk:

3. Chain fraud: Receiving invoices from a "phantom" business through an intermediary business.

This is the model invoice trading chain They are often discovered in major cases.

Common structure:

Identifying characteristics:

Risk:

4. Internal control: Transferring revenue and expenses between affiliated companies.

This form commonly appears in a group of businesses with multiple legal entities.

Symptoms:

Common examples:

Risk:

5. Misrepresentation of timing: Issuing invoices before the actual transaction takes place.

This is the form fictitious invoices based on the time period, which is often overlooked by businesses.

Common purpose:

Symptoms:

Risk:

In short

Common features of all forms fake invoices To be:

The invoice does not accurately reflect the nature and timing of the actual economic transaction.

The sooner businesses identify this, the better. I am at risk of encountering fraudulent invoices.The easier it is:

Legal basis for adjusting fraudulent invoices

Fraudulent invoices are not just a simple accounting or tax issue, but... Illegal behavior is regulated by multiple layers of legal documents.From invoice management, administrative penalties, and tax collection to criminal liability.

Understanding each legal basis correctly helps businesses:

1. Decree 123/2020/ND-CP – Legal framework for electronic invoices

Decree 123/2020/ND-CP is a legal document. foundational regulations about:

Regarding fraudulent invoicesDecree 123 clearly states:

In other words, if:

That invoice Does not meet the legal requirements under Decree 123This serves as the basis for the tax authorities to process the case further.

2. Decree 125/2020/ND-CP – Penalties for administrative violations related to invoices

If Decree 123 determines true - falseDecree 125 is the regulating document. What kind of penalty?.

Regarding fraudulent invoices, Decree 125 regulates acts such as:

Consequences according to Decree 125:

In many cases, The business was penalized under Decree 125 first.Subsequently, if more serious issues are detected, the case will be transferred for tax or criminal processing.

3. Tax Administration Law 2019 – Tax collection, assessment and risk management

The 2019 Tax Administration Law serves as the basis for:

With fictitious invoices, this law allows tax authorities to:

In addition, the 2019 Tax Administration Law also serves as the foundation for:

4. Criminal Code 2015 – When fraudulent invoices exceed administrative limits

When the behavior involves fraudulent invoices serious enoughBusinesses and individuals may face criminal prosecution under the 2015 Penal Code.

Article 200 – The crime of tax evasion

Applicable when:

The person being prosecuted:

Article 203 – Crime of illegally printing, issuing, and trading invoices

Applicable in the following cases:

These are the terms and conditions. most serious Related to fraudulent invoices, often accompanied by:

Summary of legal perspectives

A fictitious invoice is not subject to adjustment. a single text, which is located within multi-layered legal chain:

This explains why a fraudulent invoice, initially thought to be just a "disallowed expense," can later lead to further complications. Tax arrears, heavy fines, and even criminal liability. if the business does not take timely control.

What are the penalties for issuing fake invoices? 

Fraudulent invoices don't just result in "expenses being disallowed," as many businesses believe. In reality, A fraudulent invoice can trigger a chain reaction of subsequent actions.From administrative penalties and tax recovery to criminal liability if the risk threshold is exceeded.

The level of processing depends on:

1. Administrative penalties according to Decree 125/2020/ND-CP

This is first processing layerThis is usually applied when the tax authorities discover a business is operating illegally. using illegal invoices but it does not yet constitute serious tax evasion.

Punishable behavior:

Main form of punishment:

Mandatory corrective measures:

At this stage, many businesses mistakenly assume that "paying the fine is the end of it," but in reality... Administrative penalties are often the first step toward harsher tax enforcement..

2. Tax Penalties – Collection of overdue taxes and penalties according to the Tax Administration Law

When fraudulent invoices have been used to:

The business will move forward. tax processing layer, with far greater financial consequences.

Common forms of processing:

In addition to the fine, the business must also:

This is a period that causes many businesses to... "cash flow shock"Because the total amount payable is often many times higher than the original invoice value.

3. Criminal prosecution under the 2015 Penal Code

When the practice of issuing fraudulent invoices exceeds administrative and tax thresholds, The tax authorities have the right to transfer the case to the investigative agency. for criminal prosecution.

The person being prosecuted:

Form of criminal prosecution:

These "triggers" can easily lead to criminal charges:

At this stage, the risk is no longer about fines, but about... reputation, business practices, and personal responsibility.

Long-term consequences of fraudulent invoices that businesses often don't anticipate.

In addition to direct penalties, fraudulent invoices also leave behind other consequences. long-term consequences Many businesses only realize this when it's too late.

  1. VAT is not deductible → actual tax expense increases.
  1. Expenses disallowed from corporate income tax lead to a sharp increase in tax payable.
  1. Cash flow shock
  1. Ranked as a high-risk business in terms of invoices.
  1. The invoice issuance limit has been tightened.
  1. Credit and partnership impacts

Fake invoices It's not just an accounting error., which is Comprehensive legal, financial, and operational risksA fraudulent invoice, if not detected and dealt with early, can bring a business to its knees. Three levels of processing: administrative → tax → criminal, at a price far greater than the initial short-term benefits.

How to identify fake invoices in practice.

Fake invoices are rarely exposed on the surface. In most cases, they are only discovered when tax inspectors conduct a thorough check. the entire transaction chainFrom contracts, deliveries, and payments to revenue, inventory, and cash flow data.

Therefore, to identify fraudulent invoices early, businesses need to look at them. simultaneously four layers of signals Below, instead of just checking the form of the invoice.

1. Identifying fraudulent invoices through transaction documents.

This is the most important layer of identification, because Fake invoices are always weak in proving the actual transaction..

Common symptoms include:

👉 The inspection revealed the following: Just one link in the documentation chain needs to be broken.The invoice could easily be deemed fraudulent or illegal.

2. Identifying fraudulent invoices through their content.

Even if the invoice is in a valid format, The content shown on the invoice can still "reveal" risks..

Signs that require special attention:

With the tax authorities, The timing of the invoice is illogical. It is a very strong risk indicator, especially when combined with cash flow data.

3. Identifying fraudulent invoices through suppliers.

In many cases, the issue It is not the business that uses invoices., which is located The supplier issues the invoice..

Common risk indicators from the supplier include:

In fact, Many businesses are held liable simply for choosing the wrong supplier., even though they did not intentionally try to cheat.

4. Identifying fraudulent invoices through data analysis and risk indicators.

This is the identification layer that Tax risk management system (TMS) While tax authorities are increasingly using this information, businesses rarely conduct their own audits.

Common warning signs:

This is it the intersection of tax accounting, management accounting, and financial analysis., where fraudulent invoices are often discovered late but are dealt with very severely.

In short

Fake invoices It is rare for there to be only a single symptom.The real risk arises when:

The earlier a business detects a problem, the better. Receive and check invoices.The lower the processing costs, the easier it is to control legal risks.

How should businesses handle the situation when they discover fraudulent invoices?

When you discover or suspect a bill is fraudulent, the most important thing is... It's not about getting it over with., which is processing true to nature and at the right time.The way a business responds will determine the level of tax and legal risk it faces later on.

1. Review all relevant documents.

The first thing a business needs to do is Stop the additional accounting entries immediately. and review all records of that transaction, including:

The goal of this step is to clearly identify: Does the transaction actually exist?Or does it only exist on paper?

2. Clearly classify the nature of fraudulent invoices.

After the review, the business needs accurate classification Instead of a general approach, there are two completely different scenarios:

Case 1: No actual transaction.

This is a truly fraudulent invoice, highest risk.

Case 2: There was a real transaction, but it was incorrect in nature.

This case adjustable, if handled promptly and according to proper procedures.

Proper classification helps businesses. to avoid being accused of tax evasion, especially during inspection periods.

3. Handling each situation individually.

If there is a real transaction

Businesses need:

Early and proactive adjustments are generally considered by tax authorities to be effective. cooperation and goodwill.

If there are no actual transactions

Businesses need:

You shouldn't wait until you're caught by inspectors.Because the risk of being judged as acting intentionally would be much higher then.

4. Proactively work with the tax authorities.

A common mistake is Avoiding or delaying dealing with tax authorities. once the fraudulent invoice was discovered.

In reality:

By proactively working with the tax authorities, businesses can:

The tax authorities highly appreciate it. cooperative attitude and self-discovery/self-adjustment.

5. Strengthen internal processes to prevent recurrence.

A fraudulent invoice has been processed. That doesn't mean the risks are over.Businesses should view this as a signal to review their entire internal control system.

How to prevent fraudulent invoices (from the perspective of the CFO – internal auditor)

From a management perspective, fictitious invoices It's not my fault., which is a consequence of loose processBelow are some systematic preventive measures.

1. Establish a three-tiered approval mechanism.

A transaction should only be recorded when it has gone through all the necessary steps:

Separating roles helps reduce the risk of one person doing everything.

2. Mandatory three-way reconciliation (PO – GR – Invoice)

This is the core principle for blocking fraudulent invoices:

Lack any one elementThe transaction should not be accounted for.

3. Verify the supplier before making a transaction.

Before signing a contract or making a payment:

Many of the risks associated with fraudulent invoices stem from Choosing the wrong supplier.

4. Limit cash payments.

Cash payment:

Recommendation:

5. Alerts for unusual transactions based on thresholds.

Businesses should establish the following:

Transactions exceeding the threshold need to be carefully reviewed before being recorded.

6. Maintain complete documentation – ready for explanation.

Ultimately, no matter how good the process is, businesses still need:

This is the "last line of defense" when dealing with tax authorities.

How does Bizzi help businesses prevent fraudulent invoices?

In reality, very few businesses intentionally Using fictitious invoices from the start. Much of the risk arises from manual processes, lack of reconciliation, and the failure to detect loopholes until tax authorities intervene. This is where control platforms like Bizzi act as a active defense.

1. Bizzi IPA + 3-way matching: Block fraudulent invoices right from the start.

With Bizzi IPA (Invoice Processing Automation), businesses no longer need accountants to manually review each invoice.

Bizzi supports:

The key point is: invoices lacking the substance of the transaction will flagged right from the start., before it can be included in expenses or tax returns.

2. Bizzi Expense: Reduce the root cause of fraudulent invoices.

One of the most common causes of fraudulent invoices is: The expenses were actually incurred but lacked valid supporting documents.This leads to the need to "buy invoices to legitimize the transaction."

Bizzi Expense solves this problem from the root:

When costs are controlled transparently, The incentive to use fake invoices has been almost completely eliminated..

3. B-invoice: Strict control over outgoing invoices

Fake invoices don't just come from input invoices. Many risks arise from... Output invoices are issued when no actual transaction has taken place..

With Bizzi B-invoice:

4. Bizzi as an “Audit Layer” for businesses

Instead of each department storing documents in a separate location, Bizzi acts as a central hub. Digitalized internal audit class:

Frequently asked questions from users about fake invoices.

Can VAT be deducted from fictitious invoices?
No. Input VAT from fictitious invoices will be disallowed and collected if it has already been deducted.

What is the difference between a blank invoice and a fake invoice?
A fictitious invoice may be a genuine invoice in form but without a real transaction; a counterfeit invoice is an invoice that is illegal from the moment it is issued.

What is the penalty for issuing a fake invoice?
Depending on the severity, penalties may include administrative fines, tax arrears, penalties of 1-3 times the amount of tax evaded, and even criminal prosecution in serious cases.

What should you do if you accidentally used a fake invoice?
It is necessary to review, classify, and supplement tax declarations early, and proactively work with tax authorities to reduce the risk of being considered for tax evasion.

How to check if an invoice is legitimate?
The following need to be verified: existence on the tax portal, supplier status, delivery and payment documents, and the nature of the transaction.

Is there any software that can automatically identify fraudulent invoices?
Platforms like Bizzi support automated reconciliation, alerts, and invoice control through standardized processes, reducing reliance on manual checks.

Conclude

Understand correctly What is a fake invoice? This not only helps businesses avoid tax violations, but also serves as a foundation for development. a robust and sustainable internal control systemIn the context of tax administration increasingly relying on data, risk indicators, and automated reconciliation, preventing fraudulent invoices is crucial. from early morning It is always much cheaper than the cost of dealing with the consequences.

Businesses cannot rely on luck; they need to... appropriate process + tools To ensure that each invoice accurately reflects the nature of the transaction from the outset.

To receive personalized solutions tailored specifically to your business, register here: https://bizzi.vn/dang-ky-dung-thu/

Exit mobile version