Businesses need to pay attention when tax authorities inspect at headquarters

Thuận Hiền |

The tax inspection process clearly stipulates the time limit, scope and data provision when tax authorities inspect at the business headquarters.

The inspection period may vary

Decision 1161/QD-CT of the Tax Department promulgating the Tax Inspection Procedure specifically stipulates the method of conducting inspection at the taxpayer's headquarters.

Accordingly, the head of the delegation and members of the inspection delegation must correctly implement the contents and deadlines stated in the tax inspection decision, and not expand beyond the scope that has been determined.

For normal cases, the deadline for tax inspection at the business headquarters is no more than 20 days from the date of announcement of the inspection decision. When necessary, the tax authority can extend it once, but the extension time is no more than 20 days.

For businesses with related party transactions, the inspection period is longer, up to 40 days and can be extended once for no more than 40 days.

In case it is necessary to collect and exchange information with foreign tax authorities, the inspection period may be extended but not exceeding 2 years. The period of temporary suspension of inspection according to the notice of the tax management agency does not include the above-mentioned periods.

During the inspection process, members of the inspection team are entitled to request businesses to provide information and documents related to the inspection content that the tax industry's database does not yet have.

The inspection team can inspect accounting documents, accounting books, financial statements and related documents, but it must be within the scope of the tax inspection decision.

If a business uses accounting software, the inspection team requests to provide accounting books in the form of electronic data that can be read using common office software, without requiring the business to print these data on paper.

Businesses also need to pay attention to the deadline for providing dossiers. If providing dossiers, invoices, documents, accounting books related to tax obligations is more than 6 working hours from the time of receiving the request from the inspection team, or providing incomplete or inaccurate information, the inspection team may make an administrative violation record and impose penalties according to regulations.

Prioritize online, remote checks

In addition to direct inspection, current regulations also set out the principle of prioritizing the application of information technology, online and remote inspection on electronic data.

According to Circular 89/2026/TT-BTC, online and remote inspection can be applied to both inspections at tax authority headquarters and at taxpayer headquarters through electronic communication portals.

The explanation, exchange, provision of documents, making records, issuing conclusions or handling decisions can be carried out electronically. Dossiers and documents during inspection are signed electronically according to regulations.

If electronic data is not sufficient to conclude and actual verification is needed, the tax authority will conduct direct inspections at the business headquarters.

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