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Taxation - China

Question

Risk of Failing to Fill in the Remarks Column of VAT Invoices

Answer
In practice, the validity of the invoices obtained is often consulted, especially regarding whether the remarks column meets the regulations. Here, we gather some key points for reference.

Q:
What exactly does the VAT invoice include?
A:
The basic contents include: the name of the invoice, invoice code and number, order number and purpose, customer name, bank and account number, commodity name or business item, unit of measure, quantity, unit price, upper and lower case amount, biller, date of billing, the name (chapter) of the invoicing unit (individual), etc., as well as the remarks column of the ticket. 

Q:


Under what circumstances do you need to fill in the remarks column when issuing an invoice?

A:
Taxpayers provide construction services, provide cargo transportation services, sell real estate, lease real estate, apply the differential taxation method in accordance with current policies to pay value-added tax, and insurance agencies as vehicle and vessel tax withholding agents.

Q: 
How to fill in the above situation?
A:


1. When taxpayers who provide construction services issue their own VAT invoices or tax authorities, they should indicate the name of the county (city, district) and project where the construction service occurred in the remark column of the invoice.
2. VAT general taxpayers use special value-added tax invoices and general value-added tax invoices to provide goods transportation services. When issuing invoices, the contents of the place of departure, place of arrival, vehicle type and vehicle number, and information about the goods transported should be filled in the remark column of the invoice, such as the content more lists can be attached.
3. When a taxpayer selling real estate issues a VAT invoice on his own or the tax authority issues it on his behalf, he should fill in the real estate name and the property title certificate number in the “Name of Goods or Taxable Services and Services” on the invoice. Fill in the area unit remark column and indicate the detailed address of the real estate.
4. When a taxpayer who leases real estate issues or issues a VAT invoice on his own, the detailed address of real estate should be indicated in the remark column.
5. If the VAT payment method is applied in accordance with the current policy and the VAT is paid and VAT invoices cannot be issued in full (except as otherwise stipulated by the Ministry of Finance and the State Administration of Taxation), when taxpayers issue their own VAT invoices or the tax authorities issue VAT invoices, enter the tax-included sales (or tax-included assessment) and deductions through the difference tax invoicing function in the new system. The system automatically calculates tax and non-tax amounts. The remarks column automatically prints the word "tax difference", and the invoice should not be mixed with other taxable behaviour.
6. The insurance agency, as the vehicle and ship tax withholding agent, should collect the information of the vehicle and ship tax collected in the remark column of the value-added tax invoice when collecting the vehicle and ship tax and issuing a VAT invoice. The details include, insurance policy number, tax period (detail to month), the amount of vehicle and ship tax collected, the amount of late payment, and the total amount. The value-added tax invoice can be used as the original voucher for the taxpayer to pay vehicle tax and late payment accounting.

Q: 


What are the risks of not filling in the remarks column as required?

A:

An invoice obtained by an enterprise that has not been remarked in accordance with the regulations is a non-compliant note and a violation of invoice management regulations, which will be ordered by the tax authority to correct within a time limit.

Q:
What types of taxes are affected by failure to fill in the remark column?
A:


1. Value-added tax: According to the provisions of Article 9 of the "Interim Regulations of the People's Republic of China on Value-added Tax" , taxpayers who purchase goods, labor, services, intangible assets, and real estate do not comply with laws, administrative regulations or the State Council in accordance with the relevant regulations of the taxation authority, the input tax shall not be deducted from the output tax.
2. Corporate income tax: According to Article 12 of the Announcement of the State Administration of Taxation on the Issuance of the "Administrative Measures on Pre-tax Deduction Vouchers for Corporate Income Tax"  (State Administration of Taxation Announcement No. 28 of 2018), enterprises obtain privately printed, forged and altered , void, illegally obtained by the billing party, falsely invoiced, filled in irregularly, and other invoices that do not meet the requirements, as well as other external documents that do not meet the relevant provisions of national laws and regulations, shall not be used as pre-tax deduction documents.
3. Land value-added tax: According to Article 5 of the Announcement of the State Administration of Taxation on Several Regulations on Land Value-Added Tax after VAT Reform (State Administration of Taxation Announcement No. 70 of 2016), after VAT reform, land VAT taxpayers accept the VAT invoices obtained from the construction and installation services shall be in accordance with the “Announcement of the State Administration of Taxation on the Issues Concerning the Administration of Tax Collection for the Comprehensive Promotion of the Pilot Change of Business Tax to VAT” (State Administration of Taxation Announcement No. 23 of 2016), which shall The column indicates the name of the county (city, district) where the construction service occurred and the name of the project, otherwise it shall not be included in the land value-added tax deduction of the project amount.

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