Recently, speaking at the seminar "Controlling tax risks when doing e-commerce business", organized by the Vietnam Tax Consulting Association (VTCA) in collaboration with the Vietnam E-commerce Association (VECOM) and the Vietnam Electronic Commerce Association (VECOM) Organized by MISA Joint Stock Company (MISA), Ms. Nguyen Thi Cuc - President of VTCA - said that she is personally very curious about livestream sales sessions with revenue of more than 100 billion VND, even 150 billion VND per session. .
Ms. Cuc analyzed that with such livestream sessions, all participating parties have an obligation to pay taxes.
Accordingly, for brands, they must declare value added tax (VAT) and corporate income (CIT) on the actual revenue from closing sales orders;
As for livestreamers, they pay tax in two ways: First, if an individual registers to pay tax with a business household, they pay 7% tax on the commission received from the brand (5% VAT, 2% PIT). ;
Second, if an individual does not register a business and is considered an employee for the brand, he or she must pay personal income tax according to the progressive tax schedule ranging from 5% - 35%; The brand temporarily deducts 10% tax on the commission before paying it to the individual, remitting it to the State budget and the individual is responsible for declaring their own annual tax settlement with the tax authority.
Also according to Ms. Cuc, for e-commerce platforms, those who receive commissions from brands (whether they have a permanent establishment or do not have a permanent establishment in Vietnam) must pay tax on the commissions received. enjoy.
"For transportation services and delivery of goods to consumers, they must also pay VAT, CIT, and PIT whether they have a permanent establishment or do not have a permanent establishment; whether individuals reside or do not reside in Vietnam. .
As for the case where the brand is an individual who has not yet paid tax or withheld tax, the e-commerce platform must declare and pay on its behalf" - Ms. Cuc said.
Explaining further, Ms. Cuc said, e-commerce platforms must provide tax authorities with data as prescribed for organizations and individuals doing business on their platforms and information prescribed under Decree 91/2022/ND -CP on October 30, 2022.
"Individuals need to firmly grasp the tax policy regime for their business activities.
In case you have done e-commerce business in the past but have not paid taxes, and the tax authority has not detected arrears, you should voluntarily contact the tax department where you reside (temporary or permanent residence) to pay taxes and calculate the money yourself. Late payment is 0.03% calculated on the tax amount payable and the number of days of late payment.
In case the tax authority discovers that the tax amount is not declared and the tax amount is large, in addition to handling the violation, collecting and fining the tax, the serious violation will be prosecuted for criminal liability before the law.
In case you are doing business or selling online but have not yet paid tax, choose to register your business to pay tax at the rate of 7% on the commission received (livestream) instead of paying personal income tax at the high tax rate.
For individuals who buy or sell directly, they must register to pay 1.5% tax (1% VAT - 0.5% PIT). Besides, individuals need to be responsible for the quality of goods, origin... Ensuring consumer rights" - Ms. Cuc listed.
Sharing more about how Content Creators can pay 7% tax instead of 35% personal income tax, Mr. Nguyen Lam Thanh - Representative of TikTok Vietnam said: To be able to apply 2% VAT and 5% tax. Personal income tax, Creators need to register with the tax authority to become a business individual with a specific business line.
"Then, before receiving income from the seller, the Creator needs to contact the tax authority, pay 7% tax, buy an invoice and issue it to the corresponding seller" - Mr. Thanh said.
