When issuing electronic invoices, the timing of the digital signature and the issuance date plays a crucial role and directly affects the declaration of value-added tax (VAT). This article will provide a detailed analysis of the relevant legal regulations, especially in cases where the signature date differs from the issuance date, to help businesses understand and comply with the regulations.

Analysis of legal regulations

To address this issue, we need to refer to the following regulations:

• VAT Law: General provisions on VAT declaration and payment obligations.
• Decree 209/2013/ND-CP: Detailed guidance on the implementation of the VAT Law, especially on the timing of VAT determination.
• Circular 219/2013/TT-BTC: Guidance on the implementation of the VAT Law and Decree 209/2013/ND-CP.
• Decree 123/2020/ND-CP: Regulations on invoices and vouchers, including provisions on electronic invoices and the timing of digital signatures.
• Decision 1450/QD-TCT: Regulations on the components of electronic invoice transaction data.

Timing of digital signature on electronic invoices and its impact on VAT declaration

According to Decree 123/2020/ND-CP, the timing of the digital signature on an electronic invoice is the time when the seller or buyer uses the digital signature to sign the invoice, displayed in the format of day, month, and year of the Gregorian calendar. However, in practice, there may be cases where the signature time does not coincide with the issuance time.

Cases where the signature time occurs after the issuance time

• Validity of the invoice: Based on Decision 1450/QD-TCT, if the signature time occurs at the same time or after the issuance time, the electronic invoice is still considered valid.
• VAT declaration time:
  • For the seller: Declare and pay VAT based on the issuance date.
  • For the buyer: Declare tax at the time of receiving the invoice, ensuring that it is complete and accurate in form and content as prescribed in Article 10 of Decree 123/2020/ND-CP.

Significance of this regulation

• Ensuring data accuracy: Declaring tax based on the issuance date ensures the accuracy of the declared information, preventing under-reporting or over-reporting.
• Facilitating businesses: This regulation creates favorable conditions for businesses in managing invoices and tax declarations.
• Alignment with practical operations: This regulation aligns with the actual practices of issuing electronic invoices, where the signature time may differ from the issuance time due to technical or procedural reasons.

Conclusion

Determining the VAT declaration time in cases where the digital signature time on an electronic invoice differs from the issuance time is an important issue that businesses need to understand. Adhering to the legal regulations will help businesses avoid unnecessary risks and ensure transparent and lawful business operations.

References

• Article 14 of the VAT Law
• Clause 5, point a, clause 2, Article 9 of Decree 209/2013/ND-CP
• Article 8, Clause 1, Article 15 of Circular 219/2013/TT-BTC
• Clause 7, Article 3, Clause 9, Article 10 of Decree 123/2020/ND-CP
• Decision 1450/QD-TCT