Can an Invoice Be Issued After the Acceptance Date? What Businesses Need to Know

Issuing invoices on time for goods and services is a critical concern for businesses, especially when invoices are issued after the acceptance date. So, is this practice legally acceptable? Let’s explore the latest tax regulations to help your business avoid potential legal risks.

🔍 1. Regulations on Invoice Issuance Timing

According to Circular 39/2014/TT-BTC issued by the Ministry of Finance, the timing for issuing invoices is clearly defined as follows:

🔹 For goods: Invoices must be issued at the time of delivery.
🔹 For services: Invoices must be issued upon service completion.

This means that invoice issuance must align with the actual delivery or completion date. Issuing an invoice after this date could violate regulations, except in cases where there is a legitimate reason.

🔍 2. Official Letter 5037/CT-TTHT from the Ho Chi Minh City Tax Department – Is Issuing an Invoice After the Acceptance Date Legal?

According to Official Letter 5037/CT-TTHT from the Ho Chi Minh City Tax Department, issuing an invoice after the acceptance date may be acceptable if businesses can provide a valid reason. However, businesses must consider the following:

✔ Invoice date accuracy: The invoice date must not be excessively delayed compared to the delivery or acceptance date.
✔ Justification for delay: Businesses must provide clear documentation (e.g., late acceptance reports or supporting documents) to explain any delays.
✔ Tax reporting compliance: Even if the invoice is issued late, businesses must ensure that their tax reporting and tax obligations remain unaffected.

🔍 3. Risks of Late Invoice Issuance

Failure to issue invoices on time may lead to serious consequences, including:

⚠ Legal violations: Businesses may face penalties for non-compliance with invoice issuance timelines.
⚠ Value-Added Tax (VAT) issues: Late invoice issuance may result in tax reassessment, fines, or adjustments by tax authorities.

🔍 4. How to Handle Mistakes in Invoice Issuance

If an error in invoice issuance is discovered, businesses should take the following corrective actions:

🔹 Adjust the invoice: If incorrect information is found, businesses should issue an adjustment invoice to align with actual transactions.
🔹 Provide explanations to tax authorities: A written explanation should be prepared, along with supporting documents, to justify any delays.
🔹 Update tax reports: Businesses must update tax declarations and ensure all accounting records reflect the corrected invoice details.

🔍 5. Key Considerations for Businesses

To prevent legal risks and ensure compliance with tax regulations, businesses should:

✔ Carefully monitor invoice issuance dates to align with actual delivery or service completion dates.
✔ Prepare proper supporting documents if invoices must be issued after the acceptance date to justify the delay.

Conclusion

Issuing invoices after the acceptance date can be acceptable if a business has legitimate reasons and can provide supporting documentation to tax authorities. However, to minimize risks, businesses must strictly comply with tax regulations and promptly correct any invoicing errors.

📌 For best practices, businesses should ensure transparency and accuracy in all invoicing processes to avoid penalties and maintain regulatory compliance.