Addressing Vietnam Tax Penalties

Is your enterprise facing potential tax penalties for related-party transactions? Do you wonder how to handle violations and navigate the complexities of tax inspection and sanctions in Vietnam? Let’s delve into the detail of tax penalty, tax inspection and sanctions to handle violations with S4B

1.    If the enterprise violates tax regulations related to related-party transactions, how can the enterprise be subject to sanctions?

Section 3, Article 12 of Decree 20/2017/ND-CP outlines the authority and conditions for the tax authority to intervene when enterprises breach tax regulations related to related-party transactions. The decree explicitly states:

“The tax authority has the right to fix the price; profit margin; profit distribution ratio used to declare and calculate tax, fix taxable income or payable corporate income tax amount for taxpayers having related-party transactions in the tax period based on the following information…”

tax penalty

Time limits for imposition of penalties for tax administrative offences in Vietnam

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Similarly, Section 3, Article 20 of Decree 132/2020/ND-CP echoes the authority of tax authorities to intervene when enterprises fail to comply with regulations on declaration and identification of related-party transactions:

“The tax authority has the right to fix the price; profit margin; profit allocation ratio; taxable income or corporate income tax payable for taxpayers who fail to comply with regulations on declaration and identification of related-party transactions…”

In the event of determination by the tax authority, businesses may face tax arrears, altered financial standings, or revised taxable income. The repercussions don’t end there, as businesses could be exposed to a range of additional tax penalty as outlined in the tax administration law, including

1.1 Late Payment Interest

Late payment interest accrues at a rate of 0.03% per day of late payment (or 0.05% or 0.07% per day for different periods).
Understatement Penalty: An understatement penalty of 20% of the under-declared tax may apply.

1.2 Tax Fraud/Evasion Consequences

Tax fraud or evasion can lead to tax penalty ranging from one to three times the amount of tax arrears.
Beyond the financial implications, businesses may also face reputational damage within the market and the potential inclusion in the Tax Authority’s list of high-risk businesses concerning transfer pricing. This inclusion can trigger more frequent inspections and examinations.

2. Navigating Tax Authority Inspections on Related-Party Transactions: What Enterprises Should Do?

Upon receiving notice of an impending tax authority inspection on related-party transactions, along with compliance assessment and potential detection of transfer pricing behaviors, enterprises should take strategic actions to ensure preparedness. Here’s a comprehensive guide to follow:

2.1. Review and Rectify Tax Returns

Thoroughly review all relevant tax returns and promptly correct any missing or inaccurately declared information. The absence or inconsistency of declarations compared to supporting documents can lead to vietnam tax penalty by authorities.

2.2. Audit Accounting Records

Examine all accounting books and vouchers to ensure accuracy and compliance with accounting regulations. Addressing material errors in accounting records is crucial, as they may form the basis for tax assessments.

vietnam tax penalty

Regulations on filing tax returns

2.3. Compile Required Documents

Gather all necessary documents, records, and paperwork as specified in Decree 20/2017/ND-CP and Decree 132/2020/ND-CP (applicable from the 2020 corporate income tax period). These documents facilitate data interpretation and can be provided to tax authorities upon request.

2.4. Develop Accountability Strategies

Devise strategies for addressing complex and critical matters. Engage with the parent company for maximum support and seek insights from similar businesses that have undergone inspections before.

2.5. Consider Professional Consulting

If uncertainties persist, engaging a professional consulting company for independent testing and recommendations can be invaluable. Such firms possess the expertise and resources to guide the preparation process effectively.

2.6. Prepare for Interaction

For challenges in document preparation, consulting firms can offer assistance, ensuring proper and timely handling before tax authorities commence their inspection. These experts can also aid in addressing queries and arguments raised during the inspection.

Effective preparation before the tax authority’s visit streamlines the process, minimizes losses stemming from compliance gaps, and enables businesses to focus on pivotal complexities when communicating with vietnam tax penalty officials.

3. Dispute Resolution with Tax Authorities: Safeguarding Enterprise Interests

Disagreements with tax authorities regarding the interpretation and application of related-party transaction regulations can arise due to the intricate nature of tax inspections. In such instances, safeguarding your business interests necessitates a structured approach

3.1. Present Relevant Documentation

When authorities misinterpret or lack understanding of business operations, provide comprehensive documents and explanations to clarify the situation accurately.

3.2. Seek Clarification from Higher Authorities

If tax officials’ conclusions appear misguided, write to the superior service tax penalty authority for further clarification, especially when direct explanations fail to resolve misunderstandings.

3.3. Negotiate for Optimal Solutions

For matters reliant on objective data with no clear-cut conclusion, negotiate with tax authorities to find balanced solutions that benefit both parties.

3.4. Leverage Professional Consulting

Engage consulting companies for support if your resources are limited. Consulting firms possess the necessary knowledge, experience, and resources to navigate these complex scenarios effectively.

3.5. Consider Legal Recourse

As a last resort, if an issue tax penalty significantly impacts your business’s finances and operations, you can resort to legal action for a public hearing.

By implementing these proactive strategies, enterprises can assert their rights, mitigate disputes, and foster transparent communication with tax authorities in the realm of related-party transactions.

It’s crucial to address these concerns proactively and ensure compliance to steer clear of Vietnam tax penalties. Our service tax penalty, accounting and tax management can guide you through these intricacies, helping you safeguard your business reputation, financial stability, and compliance standing in the dynamic landscape of Vietnamese taxation.


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