On October 19, 2020, the Government issued Decree 125/2020/ND-CP (“Decree 125/2020/ND-CP“) on sanctioning of administrative violations of taxs and invoices. Here are some noteworthy contents of Decree 125/2020/ND-CP on: The cases of not sanctioning administrative violations of taxes, invoices.

Article 9 of Decree 125/2020/ND-CP prescribes 06 cases of not sanctioning administrative violations of taxes, invoices as follows:

• The cases of not sanctioning administrative violations in accordance with the law on handling of administrative violations.
• Taxpayers are late for electronic tax procedures and invoices due to technical problems of the information technology system reported on the web portal of tax authorities (in case of violations due to events of force majeure).
• Taxpayers commit administrative violations of tax due to compliance with documents guiding and handling decisions of competent tax agencies or state agencies related to the contents of determination of taxpayers’ tax obligations (including guiding documents, handling decisions issued before the effective date of this Decree), except for: When tax inspection and examination at taxpayers’ offices have not discovered errors in declaring and determining payable tax amounts or tax amounts to be exempted, reduced or refunded, but after that the tax administrative violation of the taxpayer is detected.
• In case of incorrect declaration, the taxpayer has made additional declarations in the tax declaration dossier and has voluntarily paid the payable tax amount before the tax agency announces its decision on tax examination or inspection at taxpayers ‘offices or before the time tax agencies detect that there is no tax inspection or examination at taxpayers’ offices or before other competent agencies detect them.
• Individuals who directly conduct personal income tax finalization are late in submitting personal income tax finalization dossiers but the refundable tax amounts arise; Business households and business individuals have their tax assessed.
• No sanction is imposed on the time limit for filing a tax return while a taxpayer is extended to submit such tax declaration.

Decree 125/2020/ND-CP takes effect from December 5, 2020.

Hope the above information is helpful to The Esteemed Readers.

Bizlawyer is pleased to accompany with The Esteemed Readers!