Nearly 10 “big” petroleum dealers have persistent tax debt, and forced asset distraint is still difficult to recover

Many issues surrounding the violations of the “big guys” in the petroleum business in setting up, managing and using the Petroleum Price Stabilization Fund or the “huge” environmental protection tax debt that lasted for a long time heated up the meeting. Regular report for the fourth quarter of 2023 organized by the Ministry of Finance on the afternoon of January 19.

STRONG ENFORCEMENT, BUSINESSES STILL OWE TRILLIONS IN TAXES

The conclusion of the Government Inspectorate clearly states that although they still owe the state budget money for environmental protection tax, some key petroleum traders have given loans to some individuals to use for personal purposes. multiplied by trillions of dong.

At the end of 2022, according to a report from the General Department of Taxation, a number of key petroleum traders still owe and have not paid the state budget an environmental protection tax amount of VND 6,324 billion.

Accordingly, Thien Minh Duc Group Joint Stock Company regularly declared incorrect initial and monthly environmental protection taxes, lacked environmental protection taxes, did not declare taxes, and dishonestly declared the amount of environmental taxes. must turn in.

Xuyen Viet Oil Transport Trading and Tourism Company Limited owes the State 1,246 billion VND in environmental protection tax; Debt to the Price Stabilization Fund is 213 billion VND. Hai Ha Water Transport Company Limited is in tax debt of more than 1,736 billion VND, mainly environmental protection tax that consumers have paid into the state budget through purchasing gasoline and oil from the company.

In response to many questions about the responsibility of tax authorities in the face of the above painful tax debt situation, leaders of the General Department of Taxation said that according to the Law on Tax Administration and related regulations, businesses declare, calculate and pay taxes yourself. The tax administration agency performs the function of urging, inspecting and supervising the implementation of tax legal policies of enterprises and is responsible for recovering tax debts of enterprises to the state budget.

With Hai Ha Waterway Transport Company Limited, Mr. Mai Son said that Thai Binh Tax Department has urged and applied the tax debt enforcement process.

Accordingly, when tax debt arises for 91 days or more, tax authorities apply account enforcement measures; From day 121, enforce invoices and apply other measures under the Law on Tax Administration such as banning the legal representative of the enterprise from leaving the country, or distraint of assets.

Deputy Minister of Finance Nguyen Duc Chi presides;  press conference.
Deputy Minister of Finance Nguyen Duc Chi chaired the press conference.

However, the Deputy Director General of the General Department of Taxation said that tax debt collection is difficult because tax authorities do not understand the cash flow of businesses. Meanwhile, asset distraint is also problematic when businesses have used assets as security for loans at banks. When an incident occurs, this asset will be given priority to be handled first at the bank, while the remaining assets will be subject to further enforcement measures by the tax authority.

Therefore, in 2024, the General Department of Taxation will evaluate processes and measures and focus on building databases related to production and business activities of enterprises such as: financial reports and production results. business.

In the future, when amending legal regulations, tax authorities will also reassess the difficulties in enforcement and distraint of assets to supplement and amend accordingly.

Adding more to this issue, Deputy Minister of Finance Nguyen Duc Chi said that tax management follows the principle of self-declaring and self-determining the amount of money to be paid to the state budget. As for cash flow management, it is proactively managed by businesses and managed according to the Enterprise Law. Tax authorities are responsible for supervising at a higher level, but cannot do all of them concurrently.

“Only when the inspection agency detects related problems. Businesses that violate cash flow management will be handled according to regulations,” Mr. Chi affirmed.

STRICTLY IMPLEMENT THE INSPECTION CONCLUSION AND OVERALL REVIEW

Regarding the instability when managing the Petroleum Price Stabilization Fund, Mr. Pham Van Binh, Deputy Director of the Price Management Department (Ministry of Finance), said that when the Government Inspectorate concluded, the Ministry of Finance immediately took action. Document sent to the major petroleum trading enterprise and request to seriously follow the inspection conclusions as well as general review for appropriate adjustments.

“The use of the Price Stabilization Fund for the wrong purpose of price stabilization, not transferring it to the Price Stabilization Fund account but leaving the enterprise’s payment account is a multi-period data series, the Ministry of Finance has sent a document to Enterprises, the Price Management Department has invited each enterprise to discuss and clarify data. On that basis, we request enterprises to review and coordinate with relevant agencies to fully implement the results. inspection discussion,” Mr. Binh stated.

At the same time, the Ministry of Finance also reported to coordinate with relevant ministries and units for overall implementation according to the recommendations of the Government Inspectorate. Including content related to fund balance, fund use, and transfer according to regulations.

The leader of the Price Management Department added that in carrying out the state management function of the Ministry of Finance, Hai Ha Water Transport Company Limited has been fined 5 times and the ministry inspectors are continuing to handle it.

From the inspection results, the Government Inspectorate proposed to transfer the files to the investigation agency of the Ministry of Public Security for review and handling according to legal regulations for the 3 cases.

The first, Violations of law in declaring and paying environmental protection tax on gasoline and oil and the use of Price Stabilization Fund at Thien Minh Duc Group Joint Stock Company.

Monday, Violations of law in declaring and paying environmental protection tax on gasoline and oil at Xuyen Viet Oil Transport and Tourism Trading Company Limited.

Tuesday, violations of the law in declaring and paying environmental protection tax on gasoline and oil; The use of the Price Stabilization Fund for the wrong purpose of price stabilization at Hai Ha Water Transport Company Limited.

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