In case when inciting value-added (VAT) but the name of the seller and buyer only has an abbreviation or foreign name of the enterprise, not in the full name, is the invoice legally valid? Is it possible to deduct input VAT? I read the K.L.H. question.
Responding to the above issue, Lawyer Le Thi Thu Ha, Hoang Tin Law Firm Limited said that according to Point b, Clause 7, Article 3, Circular No. 26/2015/TT-BTC on amendments, supplements, VAT guidelines, and tax administration with the following provisions:
Regarding the criteria "Name, address, tax code of the seller" and "Name, address, tax code of the buyer":
– The seller must correctly write the tax code of the seller and buyer.
– The criteria of "Name, address" of both sellers and buyers must be written in full, in case of abbreviation, it is still ensured to identify the right buyer and seller.
– If the buyer's "name, address" is too long, when written on the invoice, the seller can abbreviate some common words such as "Ward" abbreviated as "P", "District" abbreviated as "Q", "City" abbreviated as "TP", "Vietnam" abbreviated as "VN", "Shares" abbreviated as "CP", "Limited Liability" abbreviated as "Limited", "Industrial park" stands for "INDUSTRIAL PARK", "production" stands for "SX", "Branch" stands for "CN"…
In clause 3, Article 18 of the Accounting Law 2019 on the provisions on abbreviations on invoices, some of the following contents should be noted:
– Economic and financial operations on accounting documents must not be abbreviated, not erased, or corrected including the contents of invoices.
– When writing invoices, it is necessary to use pens, writing, and numbers to write continuously, without interruption, the blanks must have a slash.
– Deleted and repaired documents will not be valid for payment. If the documents are misspelled, the accountant must cancel by crossing out the wrong written documents.
Thus, only the name and address of the seller and buyer are allowed to abbreviate if it is too long, and only a certain word is abbreviated as prescribed by law, the invoice will be legally valid. If the above provisions are not complied with, the invoice will have no legal validity.
Source
VU QUY