In this case, the tax authority requires, people go to find businesses that make false declarations and request to remove tax receipt information or write a commitment not to generate income at the enterprise.
By the deadline for personal income tax (PIT) finalization in 2021, many people, when doing online PIT finalization procedures, encounter a situation where tax officials report that they have tax returns at a “strange” company.
Tax officials asked people who were falsely declared to enterprises (where people were falsely declared) to request that information on the list of income recipients be removed. This causes a lot of trouble for the owner himself while the fault is caused by others.
Mr. Le Viet Duc, Dong Da district (Hanoi), he made his own personal income tax finalization online. While completing the procedure, the tax officer informed that Mr. Duc had incurred personal income tax at a company in the irrigation industry in Hanoi.
However, Mr. Duc asked for the company’s contact information, the tax office could only provide the company’s name, the contact part such as phone number, the tax office did not have to provide Mr. Duc.
“My tax declaration company is strange, I am completely unrelated. The tax official said, I have to contact and ask this company to remove my name from the list of income recipients or go to the tax office to sign a commitment that I have no income here to be able to match the tax finalization data. This is the responsibility of the tax authority, but it is pushed to the taxpayer, which is very unreasonable,” Duc said.
In the same situation as Mr. Duc, Ms. Le Thu Van from Hanoi said that her family could not finalize taxes because another business falsely declared her income. Ms. Van searched for the company’s phone number, followed the business address, but couldn’t find it.
“My business has falsely declared my personal income tax in order to evade taxes, so it is very difficult to find their information online to contact, even to find information about the registered business. We spend a lot of time processing when the fault is not our fault. The tax authority should have a policy such as publishing the commitment form and allowing people to submit the commitment online so as not to have such troubles”, suggested Ms. Van.
The situation of people suddenly being falsely declared taxable income as above happens quite a lot. On many forums about PIT on social networks, many people fall into the situation of being falsely declared as above.
According to a leader of the Tax Department of Dong Da district (Hanoi), when detecting false tax declaration, the taxpayer makes a commitment not to generate income at the enterprise that declares falsely and sends it to the tax office. Based on the information provided by the people in the commitment, the tax authority will handle enterprises with false declarations.
In case, enterprises make false declarations under the management of the tax department, the branch will check the information. If the enterprise includes the employee’s expenses in the enterprise’s expenses while the employee declares it is not related, that behavior of the enterprise shows signs of overstatement of tax.
“If tax declaration is false, enterprises will be handled according to regulations, administratively sanctioned, and if they evade taxes over 100 million VND, they will be criminally handled,” the leader said.
“Tools for dealing with tax evasion and tax violations are fully available. When the tax authorities handle them strictly, businesses do not dare to violate, avoiding causing trouble to people.”
Dr. Phan Phuong Nam, Ho Chi Minh City University of Law
Making things difficult for people?
According to Dr. Phan Phuong Nam, deputy dean of the Faculty of Commercial Law (Ho Chi Minh City University of Law), there is a situation where businesses post recruitment information and get employees’ profiles. After that, even if they do not recruit, businesses still take personal information of employees to declare tax falsely.
Mr. Nam said that to solve this situation, tax authorities need to change their thinking. Currently, the tax agency requires employees to sign a commitment to send to the tax office, which is making it difficult for employees.
“Employees cannot easily go back and forth at the tax office making commitments when it is not their fault. Tax authorities asking people to do things that are not caused by them is somewhat unreasonable. The state has allowed online declaration and settlement, why not online commitments? The state should support people by sending online commitments such as online PIT declaration and finalization, “said Mr. Nam.
Mr. Nam emphasized, to the tax authority, after getting the commitment of the people not related to the enterprise that declares falsely, it is necessary to send information to the tax department, the tax department that the enterprise is managing; coordinate in inspecting, reviewing and inspecting enterprises, if necessary to handle acts of tax evasion.
“The tools to deal with tax evasion and tax violations are fully available. When the tax authorities strictly handle it, businesses do not dare to violate, avoiding causing trouble for people,” said Mr. Nam.