Circular to guide Decree 126 implementing the Law on Tax Administration will be issued soon

VCN- On the sidelines of the Dialogue Conference between the Ministry of Finance and enterprises on tax and customs policies in 2020, Mr. Dang Ngoc Minh, Deputy Director of the General Department of Taxation, spoke about tax policy related content that businesses are interested in.
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Mr. Dang Ngoc Minh spoke on the sidelines of the Dialogue Conference. Photo TL.

Today's conference has included many questions related to the tax sector. From these problems, how will the tax sector focus on solving difficulties for businesses, sir?

The dialogue conference between the Ministry of Finance and enterprises on tax policy and customs is held annually by the Ministry of Finance. This year, there is a special point that the Government has issued a series of decrees guiding the Law on Tax Administration. Therefore, the first thing the Taxation sector wants is that through this conference, it will propagate to the business community the new regulations in the Law on Tax Administration as well as a series of preferential policies to support businesses in overcoming the Covid-19 pandemic.

Through this conference, I realized that businesses are very interested in tax refunds and methods to ensure business benefits. Tax authorities have explained to businesses a number of tax refund cases, there are also provisions on control to combat tax refund fraud. These are the issues that the Tax sector will continue to discuss with businesses on any case to ensure corporate financial resources, while at the same time ensuring compliance with the law.

Another issue is the implementation of preferential policies of the State, for example measures of the Ministry of Finance to exempt, reduce, and extend special consumption tax to support the domestic manufacturing industry or the aviation industry.

For the problem of new expansion investment projects, this issue has also been clearly communicated. However, in some cases, we will continue to provide answers to businesses.

Another important issue in this conference is e-commerce tax administration. Can you tell us more about this?

Currently, the legal issues of e-commerce business activities are classified into different forms.

For individuals conducting domestic production and trading, they will fulfill the same tax obligations as business households. This includes specific instructions. The Tax Authority will continue to propagate information for domestic e-commerce businesses to fulfill their tax obligations.

In addition, for cross-border e-commerce services, we have the legal basis to collect taxes. However, in cases related to business obligations with activities without a business establishment in Vietnam, more specific provisions are required in Decree 126/202/ND-CP guiding some articles in the Tax Administration Law.

Currently, the Ministry of Finance is urgently issuing a circular guiding Decree 126, which contains content related to cross-border service provision. We will invite foreign cross-border service providers to work with the Vietnamese tax authorities as well as consultants to implement new regulations on cross-border service delivery, to help enterprises strictly comply with their obligations.

In the process of tax administration with cross-border commercial transactions, the involvement of relevant agencies is essential. Specifically, it is necessary to have information cooperation between the tax sector and the banking sector as well as the telecommunications sector and the transport sector to fulfill the tax obligations of businesses.

In which, the most important thing to mention is the banks. According to the Decree 126, commercial banks are responsible for providing account information and information on transactions, especially cross-border transactions with tax authorities.

In fact, recently, we have cooperated very well with commercial banks as well as the State Bank's Extraordinary Transaction Monitoring Center. Since then, a lot of transaction information has been grasped and through that, revenue collection for the state budget has increased.

In addition, another content that is also quite important in cross-border trade is tax administration with associated businesses. This content has been specified in the Decree 132/2020/ND-CP. Currently, the problems of businesses have been resolved from Decree 68/2020/ND-CP and now Decree 132/2020/ND-CP has also inherited the issue on controlling interest expenses of businesses.

In addition, Decree 132/2020/ND-CP also specifies new content in the Law on Tax Administration regarding tax administration with enterprises with associated transactions. For example, the problem of using e-commerce data to compare with domestic transactions in accordance with general international practices or the issue of the obligation to report inter-country profits of large corporations, to use such reports in corporate risk assessment.

Thank you, Sir!

By Thuy Linh/Kieu Oanh

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