Official Letter 4289/CCTTP-TTTBTK on Adjusting Input VAT That Has Been Deducted

Official Letter 4289/CCTTP-TTTBTK on Adjusting Input VAT That Has Been Deducted

Legislation

Official Letter 4289/CCTTP-TTTBTK on Adjusting Input VAT That Has Been Deducted

BINH DINH PROVINCIAL TAX DEPARTMENT

QUY NHON CITY TAX SUB-DEPARTMENT

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

 

 No: 4289/CCTTP-TTTBTK

Regarding the Adjustment of Input VAT That Has Been Deducted

Quy Nhon, December 20, 2024

       

To: FUJINUCO Joint Stock Company

The Quy Nhon City Tax Sub-department has received the document from FUJINUCO Joint Stock Company, Tax ID: 4101570589, Address: Lot C15, Phu Tai Industrial Park, Bui Thi Xuan Ward, Quy Nhon City (Phone: 0938628811). The document concerns the adjustment of the input VAT that has been deducted.

Regarding this issue, the Quy Nhon City Tax Sub-department has the following opinion:

According to Clause 4, Article 7 of Decree No. 126/2020/ND-CP dated October 19, 2020, of the Government, which stipulates the tax declaration documents as follows:

Article 7. Tax Declaration Documents

  1. Taxpayers are allowed to submit supplementary tax declarations for any erroneous or incomplete tax declarations in accordance with Article 47 of the Law on Tax Administration and the form prescribed by the Minister of Finance. Supplementary declarations are made as follows:
  • If the supplementary declaration does not affect the tax liability, only a supplementary explanation and related documents need to be submitted; no supplementary tax declaration form is required.
  • If the supplementary declaration leads to an increase in the payable tax amount or a decrease in the tax refunded by the state budget, the taxpayer must pay the additional tax or repay any over-refunded tax, along with any late payment interest to the state budget (if applicable).
  • In cases where the supplementary declaration only increases or decreases the VAT that can be carried forward to the next period, it must be declared in the current tax period. The taxpayer may only submit supplementary declarations to increase VAT refunds if the tax declaration for the following period has not been submitted, and no refund request has been filed.

According to Clause 4, Article 47 of the Law on Tax Administration No. 38/2019/QH14 dated June 13, 2019, stipulating the submission of supplementary tax declaration documents as follows:

Article 47. Supplementary Tax Declaration Documents:

  1. Supplementary tax declaration documents include:
  • A supplementary declaration form.
  • A supplementary explanation and related documents.

Based on the above provisions, if FUJINUCO Joint Stock Company has already declared and deducted the input VAT, and now adjusts and reduces the deducted input VAT, it must submit a supplementary declaration to reduce the remaining VAT that can be carried forward to the next period. This must be declared in the current tax period, specifically in Item 37 of the VAT declaration form.

The Quy Nhon City Tax Sub-department provides this response for FUJINUCO Joint Stock Company to be aware of and implement accordingly.

 

Recipients:

  • As above;
  • Bình Định Provincial Tax Department website;
  • Leaders of the Tax Sub-department;
  • Tax Management Team 2;
  • Tax Team 2;
  • Archives: VT, TTTB.

On behalf of the HEAD OF THE TAX SUB-DEPARTMENT

Deputy Head of the Tax Sub-department

See details here.