Công văn 197TCT/PCCS

To: Provincial/municipal Tax Departments

Recently, some local Tax Departments have inquired about the use of invoices and vouchers in property auctions for judgment enforcement or under authorization of organizations or individuals through property auction service centers. Concerning this matter, the General Department of Taxation provides the following guidance:

1. Property auction service centers being non-business units with revenues shall, when auctioning property under authorization of judgment-enforcing bodies, organizations or individuals, have to issue invoices for the auction service charge revenue and make tax payment declaration under current regulations.

2. When transferring their ownership right over auctioned property to buyers, organizations or individuals that have authorized auction service centers to auction such property must issue invoices under the following guidance:

- For their own property (including property of organizations or individuals against which judgments are enforced and property to secure loans of credit institutions), they must issue invoices according to the provisions of the Finance Ministry’s Circular No. 120/2002/TT-BTC of December 30, 2002 guiding the implementation of the Government’s Decree No. 89/2002/ND-CP of November 7, 2002 on printing, distribution, use and management of invoices.

Non-business organizations and individuals that have demand for invoices shall be granted invoices by tax offices on a case-by-case basis under the guidance at Point 2 of the Finance Ministry’s Circular No. 99/2003/TT-BTC of October 23, 2003 guiding amendments and supplements to above-mentioned Circular No. 120/2002/TT-BTC.

- For property, which has been confiscated for remittance into the public fund, they must issue relevant invoices under the Finance Minister’s Decision No. 12/2004/QD-BTC of January 9, 2004, providing forms of such invoices.

- For liquidated and auctioned property of state budget origin of administrative and non-business units, they must issue liquidation invoices under the Finance Minister’s Decision No. 55/2000/QD-BTC of April 19, 2000, promulgating the Regulation on management of the handling of state property at administrative and non-business units.

The General Department of Taxation hereby notifies the aforesaid guidance to the provincial/municipal Tax Departments for knowledge and guiding organizations and individuals in implementation thereof.