Current Status of Internal Control for Corporate Income Tax Compliance of Small and Medium Enterprises at Bu Gia Map District Tax Department

The structure of the tax system is measured by the tax rate indicators; the fairness of the tax system; the complexity of the tax system; the level of technology application in tax declaration.

Vo Duc Chin's research concluded: "Tax collection management for enterprises in Vietnam has not yet developed a strategy suitable to the tax compliance characteristics and business operations. The capacity of tax officers, specialized skills, and the ability to apply information technology to tax management of some tax officers have not met the requirements of tax management and administrative reform. This is also a factor that limits tax compliance of enterprises.

Nguyen Thi Le Thuy's research states: "The State's tax collection management is decisive to the level of tax compliance of enterprises. The stability, transparency, and clarity of tax compliance processes and procedures such as registration, declaration, and tax payment processes. Stability and a high level of transparency will reduce compliance costs and reduce risks of corruption and harassment for enterprises."

Nguyen Thi Hong Viet's research concluded: "The tax management apparatus operates effectively with propaganda work, inspection work, business processes, information technology and especially the capacity of tax officers that affects tax compliance."

From the experience of managing tax compliance of enterprises in countries around the world and research, the tax management process in Vietnam in recent times has shown the important relationship between improving internal control over corporate income tax compliance behavior of small and medium enterprises.

1.6. Internal tax audit process

The internal tax audit process is issued together with Decision No. 212/QD-TCT dated March 7, 2018 of the General Director of the General Department of Taxation.

(See attached Appendix)

CHAPTER 1 SUMMARY

In addition to the advantages of staff qualifications and stability in compliance with legal regulations, there are still many problems in building and perfecting internal control over corporate income tax compliance:

The system of legal documents on internal control is not yet complete and is still in the construction phase, so it is not strong enough to meet current management requirements. This system still lacks many basic elements, the information reporting system between units and the governing sector does not meet the requirements; the financial management level of many unit heads is still weak because they only focus on professional work; the awareness of inspection and control work of cadres in the unit is still inadequate.

On the other hand, in Vietnam, official legal documents regulating tax management have only been formed in recent years, the system of other legal documents in this field is still incomplete and there are many shortcomings in the performance of duties of tax officials and civil servants.

Therefore, improving internal control over corporate income tax compliance of small and medium enterprises at Bu Gia Map District Tax Department for effective management and use to ensure the stability of revenue sources for social welfare, create an equal environment, promote businesses to compete and develop according to market mechanisms.

In chapter 1, the thesis updates the general theoretical basis related to internal control as well as introduces the general information about corporate income tax, internal audit process of tax sector and the order of applying risk management in tax management. The above theoretical summaries serve as the foundation for developing the content in the following chapters of the whole thesis.

CHAPTER 2. CURRENT STATUS OF INTERNAL CONTROL OF COMPLIANCE WITH CORPORATE INCOME TAX OF SMALL AND MEDIUM ENTERPRISES AT BU GIA MAP DISTRICT TAX BRANCH

2.1. Socio-economic characteristics of Bu Gia Map district and tax management organization at Bu Gia Map District Tax Department

2.1.1. History of formation and development of Bu Gia Map District Tax Department, Binh Phuoc Province

Bu Gia Map District Tax Branch was established under Decision No. 2636/QD-BTC dated October 26, 2009 of the Minister of Finance on the establishment of Bu Gia Map District Tax Branch, under the Binh Phuoc Provincial Tax Department.

In 2009, Bu Gia Map District Tax Department was separated from Phuoc Long Town Tax Department with more than 45 civil servants and employees, annual state budget revenue of over 200 billion VND.

In 2015, Bu Gia Map District Tax Department was separated into Bu Gia Map District Tax Department and Phu Rieng District Tax Department. Currently, Bu Gia Map District Tax Department has 24 civil servants, annual state budget revenue is from 70-80 billion VND. Bu Gia Map District Tax Department is a unit under the Binh Phuoc Provincial Tax Department, with the function of organizing the implementation of tax, fee, charge management and other state budget revenues (hereinafter referred to as taxes) within the scope of duties of the tax sector in Bu Gia Map district according to the provisions of law.

Bu Gia Map District Tax Department has legal status, its own seal, and is allowed to open an account at the State Treasury in accordance with the provisions of law.

Pursuant to Decision 503/QD-TCT of the General Department of Taxation dated March 29, 2010, the Law on Tax Administration, tax laws and other relevant legal provisions, the Bu Gia Map District Tax Department performs the following specific tasks, powers and responsibilities:

- Organize and uniformly implement legal documents on tax; procedures and measures for tax management in the area.

- Organize the implementation of the assigned annual tax revenue estimates; synthesize, analyze and evaluate tax management work; advise local authorities on the preparation and implementation of state budget revenue estimates and tax management work in the area; closely coordinate with relevant sectors, agencies and units to perform assigned tasks.

- Organize the implementation of propaganda, guidance and explanation of the state's tax policies; support local taxpayers to fulfill their tax obligations in accordance with the provisions of law.

- Recommend to the Director of the Tax Department any issues that need to be amended or supplemented in legal documents on tax, professional procedures, internal management regulations and issues beyond the authority of the Tax Department.

- Organize the implementation of tax management tasks for taxpayers under the management scope of the Tax Department such as: Tax registration, tax code issuance, tax declaration processing, tax calculation, tax payment, tax exemption, tax reduction, tax refund, tax debt cancellation, fines, tax book creation, tax notice, issuance of tax collection orders and other collections according to tax laws and regulations, procedures, and professional measures of the industry; urge taxpayers to fulfill their tax payment obligations fully and promptly to the state budget.

- Manage information about taxpayers; build a database system about taxpayers in the area.

- Inspect, examine and supervise tax declaration, tax refund, tax exemption, tax reduction, tax payment, tax settlement and compliance with tax policies and laws for taxpayers and organizations and individuals authorized to collect taxes according to the decentralization and management authority of the Head of the Tax Department.

- Decide or propose competent authorities to decide on tax exemption, reduction, refund, extension of tax declaration deadline, extension of tax payment deadline, tax collection, tax debt cancellation, tax exemption and penalty according to the provisions of law.

- Right to request taxpayers, state agencies, organizations

Relevant organizations and individuals shall promptly provide necessary information for tax collection management; request competent authorities to handle organizations and individuals who do not fulfill their responsibilities in coordinating with tax authorities to perform the task of collecting state budget.

- Have the right to determine taxes; implement measures to enforce tax administrative decisions according to the provisions of law; withdraw money from the accounts of subjects subject to enforcement at the State Treasury, credit institutions requesting account freezing; deduct salary or income; notify invoices that are no longer valid; seize assets, auction seized assets; collect money from assets of subjects subject to enforcement held by other organizations and individuals; revoke business registration certificates, enterprise registration certificates, establishment and operation licenses, practice licenses; notify on mass media about tax law violations by taxpayers.

- Compensate taxpayers for damages caused by the tax authority's fault, according to the provisions of law; keep taxpayers' information confidential; confirm taxpayers' fulfillment of tax obligations according to the provisions of law.

- Organize the implementation of statistics, tax accounting, management of receipts and tax stamps; prepare reports on tax collection results and other reports to serve the direction and administration of superior agencies, the People's Committees of the same level and relevant agencies; summarize and evaluate the situation and results of the Tax Department's work.

- Organize the inspection and settlement of tax complaints and denunciations and complaints and denunciations related to the performance of official duties of tax officials and civil servants under the management authority of the Head of the Tax Branch according to the provisions of law.

- Handling administrative violations of tax, preparing documents to request competent authorities to prosecute organizations and individuals violating tax laws according to the provisions of the Law on Tax Administration and other relevant laws.

- Audit to determine the amount of tax payable by the taxpayer upon request.

request of competent state agency.

- Carry out the task of reforming the tax system with the goal of improving the quality of operations, publicizing procedures, improving tax management processes and providing information to facilitate taxpayers in implementing tax policies and laws.

- Organize the reception and application of scientific advances, information technology and modern management methods into the activities of the Tax Department.

- Manage the apparatus, payroll, and labor; organize training and fostering of civil servants and public employees of the Tax Department according to state and tax regulations.

- Manage assigned funds and assets, keep records, documents, and tax stamps according to law and industry regulations.

- Perform other tasks assigned by the Director of the Tax Department.

2.1.2. Tax management organization at Bu Gia Map District Tax Department


Head of Department






DEPUTY DIRECTOR

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Current Status of Internal Control for Corporate Income Tax Compliance of Small and Medium Enterprises at Bu Gia Map District Tax Department


Administration - human resources - financial management and printing team

Accounting and IT Team

Inter-commune team

Tax debt inspection, management and enforcement team

Registration Team - TNCN - TK and

NV DT-Tuyen

NNT support transmission

Figure 2.1: Organizational chart of Bu Gia Map District Tax Department

(Source: Author's synthesis) Tax Department leaders include:

The Branch Director is the head, responsible to the Director of the Binh Phuoc Provincial Tax Department and before the law for all activities of the Tax Department in Bu Gia Map district. The Branch Director is responsible for directly managing the Registration Team - Personal Income - Other Revenues and the professional tasks of budgeting - propaganda - supporting taxpayers and the Tax Debt Inspection - Management and Enforcement Team.

Deputy Head of Department , responsible to the Head of Department and before the law for the assigned work area. Deputy Head of Department is responsible for directly managing the Personnel Administration Team - Financial Management and Printing, Tax Accounting and Information Technology Declaration Team and Inter-Commune Team.

The subordinate teams are responsible for advising and assisting the Branch Director and Deputy Branch Director:

Registration Team - Personal Income - Other Revenues and Budgeting - Propaganda - Taxpayer Support

Provide guidance on tax management, policies and laws to tax officers and civil servants in the Tax Department.

Organize the implementation of propaganda work on tax policies and laws, support taxpayers within the scope of management of Bu Gia Map District Tax Department. Develop and organize the implementation of the state budget revenue estimates.

deliver.

Management of collection of registration fees, land use transfer tax, and grant fees

Land use rights, land auctions, assets, land rent, asset rent, fees, charges and other revenues (hereinafter referred to as land tax revenues including personal income tax on real estate transfers, inheritance, gifts, registration fees and other revenues) arising in the area under the management of Bu Gia Map District Tax Department.

Carry out the work of checking and supervising personal income tax declaration; be responsible for implementing personal income tax collection estimates within the management scope of Bu Gia Map District Tax Department.

Declaration Team - Tax Accounting and IT

Carry out tax registration, process tax declarations, tax accounting, tax statistics according to management hierarchy; manage and operate information technology equipment systems; deploy, install, and guide the use of information technology application software serving tax management.

Tax debt inspection, management and enforcement team

Conduct tax declaration inspection and supervision; resolve complaints related to taxpayers; be responsible for implementing revenue estimates within the management scope of Bu Gia Map District Tax Department.

Carry out tax debt management, enforce debt collection and fines for taxpayers under the management of Bu Gia Map District Tax Department.

Inter-commune tax team

Manage tax collection from households and individuals paying taxes in the assigned commune (including households engaged in industrial, commercial and service production and business, including personal income tax; non-agricultural tax, real estate tax, agricultural land use tax, resource tax, etc.)

Human Resources Administration Team - Finance and Printing Management

Perform administrative, clerical, archival work; personnel management; financial and administrative management; and management of internal seals within the Bu Gia Map District Tax Department.

2.1.3. Some performance indicators of Bu Gia Map District Tax Department

On performing political and professional tasks

The political task of the Tax Department is to collect the state budget, which is a very heavy task when the pressure from tax sources and taxpayers is increasing. Every year, after receiving the assigned targets, the Tax Department's leaders specifically direct the specialized departments to strictly implement the tax management procedures according to the law, publicize and democratically manage taxes, and organize quarterly dialogues with businesses to help businesses understand tax laws. As a result, every year, the budget revenue

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