Read the article to understand clearly the time to issue sales invoices and service invoices. Which businesses and establishments are allowed to issue invoices and what are the regulations for issuing invoices?
I. Regulations on the time of issuing electronic sales invoices (specific cases)
The time of invoice issuance when selling goods and providing services is always a matter of concern for businesses. This article will assist businesses in determining the time of invoice issuance to reduce risks and avoid unnecessary errors.
According to the provisions of Article 9 of Decree 123/2020/ND-CP, the time of invoice issuance is specified for each specific case as below.
1. In case of selling goods and providing services
1.1. Time of issuing electronic invoices for the sale of goods
The time of issuing invoices for businesses selling goods is the time of transferring ownership and right to use the goods to the customer, regardless of whether the payment has been collected or not.
1.2. Time of issuing electronic invoices for service provision
The time of issuing invoices for service providers is the time of completing the provision of services to customers, regardless of whether the money has been collected or not.
In case the service provider collects money before or during the provision of services, the time of issuing invoices is the time of collecting money (except in cases where the provider collects deposits or advances to ensure the performance of service provision contracts such as: accounting, financial consulting, tax, auditing; valuation services; survey services, technical design; supervision consulting; construction investment project preparation).
2. In case of selling goods with multiple deliveries or handing over each item or service stage
In case of selling goods with multiple deliveries or providing services with handing over each item or stage, each delivery or handover must issue an electronic invoice for the volume and value of the goods and services delivered accordingly.
>> See more: Instructions on how to handle and adjust incorrectly written electronic invoices.
3. Types of businesses and business establishments that are allowed to issue periodic electronic invoices:
Businesses and business establishments that provide services in large quantities and regularly, requiring time to reconcile between suppliers and customers such as:
- Direct support services for the air transport industry;
- Fuel supply services for the aviation industry;
- Electricity and water supply services;
- Television services;
- Postal delivery services;
- Telecommunication services;
- Logistic services;
- Information technology services.
The time of invoice issuance is the time of completion of reconciliation between the parties, no later than 7 days from the end of the agreement period.
The agreement period for calculating the quantity of goods and services will be based on the agreement between the enterprise providing goods and services and the customer.
4. Time of issuing electronic invoices for enterprises providing telecommunications and information technology services
The time of issuing invoices for telecommunications and information technology services is the time of completing data reconciliation according to the economic contract of the parties, no later than one month from the month in which the service fee arises.
In the case of selling prepaid cards and collecting connection fees when customers register to use the service but do not request an invoice, at the end of each day or periodically during the month, the enterprise will summarize the revenue generated and issue a common invoice for the buyer who does not take the invoice.
5. Enterprises engaged in construction, installation and real estate business organization, infrastructure construction, house construction for sale and transfer
5. 1. Time of issuing electronic invoices for enterprises engaged in construction and installation activities
The time of issuing invoices is the time when the enterprise conducts acceptance and handover of the project, project items, construction volume, and the time of completion of construction and installation, regardless of whether the payment has been collected or not.
5.2. Time to issue electronic invoices for real estate business organizations, infrastructure construction, house construction for sale and transfer
- In case of transfer of ownership and usage rights: The time of invoice issuance is the time of transfer to the customer;
- In case ownership or usage rights have not been transferred: The time of invoice issuance is the time of payment collection or according to the payment agreement in the contract.
6. Retail and food service businesses that operate under the model of a system of stores that sell directly to consumers but account for all business activities carried out at the head office.
In case the customer does not request an invoice, at the end of the day, the business will summarize the data on the receipt stored on the cash register system at the stores to record the revenue of the day and issue a single invoice.
In case the customer requests an invoice, the business will issue an invoice at the time the receipt is printed and given to the customer.
7. Time of issuing electronic invoices when selling gasoline at retail stores to customers
The time of issuing invoices is the time when the sale of gasoline is completed for each sale.
Enterprises trading gasoline are subject to using electronic invoices without tax authority codes, so they must ensure that all electronic invoices issued for customers who are non-business individuals or business individuals are fully stored.
8. Taxi passenger transport business establishments using software to calculate fares in accordance with the provisions of law
At the end of the trip, taxi passenger transport business establishments using fare calculation software will send trip information to customers and send it to the tax authority in the tax authority’s data format (including: Business name, vehicle control variables, trip distance and total amount the customer must pay).
In case the customer requests an invoice, the customer will update the invoice information into the software or service provider. The business unit will send the invoice to the customer based on the information provided by the customer and transfer the invoice data to the tax authority.
9. In case of importing goods on consignment if the business establishment receiving the consignment import has paid VAT at the import stage
According to the provisions of Point a, Clause 3, Article 13 of Decree 123/2020/ND-CP: In case the business establishment receiving the consignment import of goods has paid VAT at the import stage, it shall use an electronic invoice at the time of returning the goods to the consigning party.
In case the tax has not been paid, when returning the goods to the consigning party, the unit shall only make an internal warehouse delivery note as a document for circulation on the market.
10. Medical facilities providing medical examination and treatment services use management software in medical examination and treatment and hospital fee management, each medical examination and treatment transaction and the performance of imaging, x-ray, and testing services have printed receipts and are stored on the IT system.
In case the customer does not request an invoice, at the end of the day, the business facility will synthesize the medical examination and treatment information and the receipt information as the basis for recording revenue and creating a common invoice for the service of the day.
In case the customer requests an invoice, the business facility will create an electronic invoice and deliver it to the customer.
>> See more: Viettel electronic invoice service, Easyinvoice.
II. Some questions about the time of making sales invoices and providing services
1. Do I need to issue an electronic invoice when selling goods to walk-in customers for less than 200,000 VND/time?
In case the customer does not request an invoice, the seller will create an electronic invoice for all sales transactions under 200,000 VND in a day. In case the customer requests an invoice, the seller will create an electronic invoice and send it to the customer.
2. Do I need to issue an electronic invoice when selling exported goods?
According to Clause 3, Article 13 of Decree No. 123/2020/TT-BTC, at the time of completing customs procedures (customs clearance date), enterprises must issue electronic invoices for export shipments to record export revenue. Previously, according to Circular 39/2014/TT-BCT, in the case of selling exported goods abroad, enterprises used commercial invoices.
3. Are different invoice creation dates and electronic invoice signing dates valid?
Enterprises should create and sign electronic invoices on the same day. In case of force majeure, enterprises should send a written inquiry to the tax authority directly in charge for a reasonable solution.
4. Is there a penalty for issuing electronic invoices at the wrong time?
According to Article 24 of Decree 125/2020/ND-CP, when businesses issue electronic invoices at the wrong time, they will be penalized. The lightest penalty is a warning, the heavier is a fine from 3,000,000 VND to 8,000,000 VND.