The promulgation of Decree 41/2022 aims to remove obstacles in invoicing for goods and services subject to a reduction of value-added tax to 8%.
On June 20, the Government issued Decree 41/2022 amending and supplementing a number of articles of Decree 123/2020 dated October 19, 2020 regulating invoices and documents and Decree 15/2022 dated 28 – January 1, 2022 on regulations on tax exemption and reduction policies according to Resolution 43/2022 of the National Assembly on fiscal and monetary policies to support the program of socio-economic recovery and development.
The promulgation of Decree 41/2022 aims to remove obstacles in invoicing for goods and services subject to a reduction of VAT to 8%.
Previously, on January 28, 2022, the Government issued Decree 15/2022 stipulating the tax exemption and reduction policy according to the National Assembly’s Resolution 43/2022 on fiscal and monetary policies to support the recovery program. economic and social development.
Accordingly, on value-added tax (VAT), the VAT rate will be reduced by 2% from February 1, 2022 to the end of December 31, 2022 for groups of goods and services currently applying the tax rate. VAT 10% (remaining 8%) except for some goods and services.
However, in the process of implementing Decree 15/2022, the Ministry of Finance received a number of complaints from Tax Departments, businesses (DN) and some press agencies reporting problems with the provisions of Clause 4. Article 1 of Decree 15/2022 on making separate invoices for goods and services subject to VAT reduction.
Accordingly, the regulation that separate invoices must be issued for goods and services subject to VAT reduction to be applied at the tax rate of 8% as reflected by enterprises has increased the costs of enterprises (increasing the cost of time and money). of accounting and the cost of using invoices). Because for the same customer, instead of making an invoice with many different tax rates (5%, 8%, 10%), the enterprise must make two invoices: One invoice with the tax rate of 8% and the other invoice. write other tax rates (5%, 10%).
In order to remove problems in making invoices for goods and services subject to VAT reduction, ensuring compliance with the contents of the invoice, the Government issued Decree 41/2022 amending as follows: :
– In case a business establishment calculates VAT by the credit method, when selling goods or providing services with different tax rates, the value-added invoice must clearly state the tax rate of each good. services as specified.
– In case a business establishment calculates VAT according to the percentage method on revenue, when selling goods or providing services, the sales invoice must clearly state the reduced amount as prescribed.
In the case from 1-2-2022 to the effective date of this Decree, the business establishments that have complied with the provisions are still entitled to value-added tax reduction and do not have to adjust their invoices, and are not penalized. administrative violations on taxes and invoices.
Decree 41/2022 also promulgates a Notice on the receipt and handling of incorrect e-invoices according to Form No. 01/TB-HDSS, replacing Form No. 01/TB-SSDT Appendix IB promulgated together with Decree 123/2020 regulating invoices and documents.