Hồ Chí Minh, tháng 07/2019 EVALUATE FACTORS WHICH EFFECT TO THE OPERATIONAL EFFICIENCY OF CIT FINALIZATION CONSULTING PROCESS AT BRANCH OF DELOITTE VIETNAM TAX ADVISORY CO., LTD ĐỒ ÁN T
Trang 1THÀNH PHỐ HỒ CHÍ MINH
GVHD:NGUYEN THI LAN ANH SVTH: LE PHUONG THAO MSSV: 15125037
S K L 0 0 5 8 8 6
Tp Hồ Chí Minh, tháng 07/2019
EVALUATE FACTORS WHICH EFFECT TO THE OPERATIONAL EFFICIENCY OF CIT FINALIZATION CONSULTING PROCESS AT BRANCH OF DELOITTE
VIETNAM TAX ADVISORY CO., LTD
ĐỒ ÁN TỐT NGHIỆP NGÀNH KẾ TOÁN
Trang 2HO CHI MINH CITY UNIVERSITY OF TECHNOLOGY AND EDUCATION
FACULTY OF HIGH QUALITY TRAINING
GRADUATION THESIS
Topic:
EVALUATE FACTORS WHICH EFFECT TO THE OPERATIONAL EFFICIENCY OF CIT FINALIZATION CONSULTING PROCESS AT BRANCH OF DELOITTE
VIETNAM TAX ADVISORY CO., LTD
Ho Chi Minh City, August 2019
(dòng 25) Tp Hồ Chí Minh, tháng - năm 2014 (chữ thường, cỡ 13; ghi tháng năm bảo vệ)
NGUYEN THI LAN ANH
Student’s name : LE PHUONG THAO
15125037 Student ID :
Course : 2015 Major : ACCOUNTING Instructor : Msc
Trang 3HO CHI MINH CITY UNIVERSITY OF TECHNOLOGY AND EDUCATION
FACULTY OF HIGH QUALITY TRAINING
GRADUATION THESIS
Topic:
EVALUATE FACTORS WHICH EFFECT TO THE OPERATIONAL EFFICIENCY OF CIT FINALIZATION CONSULTING PROCESS AT BRANCH OF DELOITTE
VIETNAM TAX ADVISORY CO., LTD Student’s name : LE PHUONG THAO Student ID : 15125037
Course : 2015 Major : ACCOUNTING Instructor : Msc NGUYEN THI LAN ANH
Ho Chi Minh City, August 2019
(dòng 25) Tp Hồ Chí Minh, tháng - năm 2014 (chữ thường, cỡ 13; ghi tháng năm bảo vệ)
Trang 4Tp Hồ Chí Minh, ngày 02 tháng 07 năm 2019
NHIỆM VỤ KHÓA LUẬN TỐT NGHIỆP
Họ và tên sinh viên: LÊ PHƯƠNG THẢO MSSV: 15125037
Giảng viên hướng dẫn: Thạc sĩ NGUYỄN THỊ LAN ANH ĐT:
Ngày nhận đề tài: 17/05/2019 Ngày nộp đề tài: 02/07/2019
2 Các số liệu, tài liệu ban đầu: Sơ đồ tổ chức công ty, Báo cáo
tài chính minh bạch, Kết quả phát triển khách hàng qua các năm
3 Nội dung thực hiện đề tài: Đánh giá sự ảnh hưởng của các
nhân tố tác động đến hiệu quả hoạt động của quy trình tư vấn
quyết toán thuế TNDN
4 Sản phẩm: 01 bản báo cáo đóng bì cứng mạ vàng và 01 đĩa
CD có ghi file khoá luận tốt nghiệp
TRƯỞNG NGÀNH GIẢNG VIÊN HƯỚNG DẪN
CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM
Độc lập – Tự do – Hạnh phúc ***
1 Tên đề tài: Đánh giá các nhân tố ảnh hưởng đến hiệu quả hoạt
động của quy trình tư vấn Quyết toán thuế TNDN tại Chi nhánh
công ty TNHH Tư vấn Thuế Deloitte Việt Nam
Trang 5CỘNG HOÀ XÃ HỘI CHỦ NGHĨA VIỆT NAM
Độc lập – Tự do – Hạnh Phúc
*******
PHIẾU NHẬN XÉT CỦA GIÁO VIÊN HƯỚNG DẪN
Họ và tên Sinh viên: LÊ PHƯƠNG THẢO MSSV: 15125037
Ngành: Kế Toán
Tên đề tài: Đánh giá các nhân tố ảnh hưởng đến hiệu quả hoạt động của quy trình tư vấn quyết toán thuế TNDN tại Chi nhánh Công ty TNHH Tư vấn Thuế Deloitte Việt Nam
Họ và tên Giáo viên hướng dẫn: Thạc sĩ NGUYỄN THỊ LAN ANH
NHẬN XÉT 1 Về nội dung đề tài & khối lượng thực hiện:
2 Ưu điểm:
3 Khuyết điểm:
4 Đề nghị cho bảo vệ hay không?
Trang 6
5 Đánh giá loại:
6 Điểm: ……… (Bằng chữ: )
Tp Hồ Chí Minh, ngày tháng năm 20…
Giáo viên hướng dẫn
(Ký & ghi rõ họ tên)
Trang 7CỘNG HOÀ XÃ HỘI CHỦ NGHĨA VIỆT NAM
Độc lập – Tự do – Hạnh Phúc
*******
PHIẾU NHẬN XÉT CỦA GIÁO VIÊN PHẢN BIỆN
Họ và tên Sinh viên: LÊ PHƯƠNG THẢO MSSV: 15125037
Ngành: Kế Toán
Tên đề tài: Đánh giá các nhân tố ảnh hưởng đến hiệu quả hoạt động của quy trình tư vấn quyết toán thuế TNDN tại Chi nhánh Công ty TNHH Tư vấn Thuế Deloitte Việt Nam
Họ và tên Giáo viên phản biện:
NHẬN XÉT 1 Về nội dung đề tài & khối lượng thực hiện:
2 Ưu điểm:
3 Khuyết điểm:
4 Đề nghị cho bảo vệ hay không?
Trang 8
5 Đánh giá loại:
6 Điểm: ……… (Bằng chữ: )
Tp Hồ Chí Minh, ngày tháng năm 20…
Giáo viên phản biện
(Ký & ghi rõ họ tên)
Trang 9my future career path
Second, I am expressing my heartfelt gratitude Faculty of High Quality Training from Ho Chi Minh City University of Technology and Education for the kindness to give
me the opportunity to complete the internship successfully and prepare the final graduation thesis
Third, I would like to thank my beloved family Thank you, my parents and my brother because they were always on the side of the encouragement and the rear was solid during the time I completed this graduation thesis
Finally, I would like to thank deeply to all of the colleagues from Branch of Deloitte Tax Advisory Company Limited in general and management team, seniors and consultants of business tax team in particular for your kind support in ech engagement which we go through together in the peak season as well as motivating me to make something new everyday during my internship program
Sincerely thanks!
Trang 10
LE PHUONG THAO ii
TÓM TẮT KHÓA LUẬN TỐT NGHIỆP
Trong bất kỳ một quy trình nào luôn tồn tại những điểm tốt và chưa tốt ảnh hưởng đến hiệu quả hoạt động để nhà quản lý tìm cách hoàn thiện hơn nhằm nâng cao chất lượng sản phẩm cung cấp đến khách hàng, không chỉ trong lĩnh vực sản xuất mà còn cả trong ngành dịch vụ Khóa luận tốt nghiệp này nhằm đánh giá các nhân tố ảnh hưởng đến hiệu quả hoạt động của quy trình tư vấn quyết toán thuế TNDN; từ đó đề xuất giải pháp khắc phục các nhược điểm còn tồn tại ở Bộ phận Thuế của Deloitte Việt Nam
Trước hết, bài viết giới thiệu khái quát về tình hình hoạt động toàn công ty nói chung và tư vấn thuế nói riêng tại công ty TNHH Tư vấn thuế Deloitte Việt Nam Tiếp theo, tác giả hệ thống hoá cơ sở lý luận các đặc điểm và chức năng của thuế, hoạt động
tư vấn thuế và các yếu tố ảnh hưởng đến hiệu quả hoạt động của một quy trình Nội dung chương này là nền tảng, là cơ sở để có thể theo dõi và làm căn cứ lý luận cho các chương tiếp theo Kế đến, bài báo cáo mô tả quy trình tư vấn quyết toán thuế TNDN một cách
cụ thể Tác giả tập trung mô tả từng bước của quy trình từ khi bắt đầu đến khi kết thúc
Ở mỗi bước sẽ có những vấn đề, nhân tố nào phát sinh Chương này chỉ tập trung mô tả
và nêu ra các nhân tố ảnh hưởng đến hiệu quả hoạt động của quy trình Chương tiếp theo là chương quan trọng của khóa luận Tác giả đi sâu vào đánh giá ảnh hưởng của các nhân
tố đến hiệu quả của quy trình Tác giả đánh giá dựa trên mức độ ảnh hưởng (rất cao/cao/bình thường/thấp/không ảnh hưởng), kết quả của việc ảnh hưởng (tốt hay chưa tốt) và mức độ nhà quản lý có thể kiểm soát được hay không Cơ sở của việc đánh giá được trình bày cụ thể ở đầu chương Qua đó tác giả có cái nhìn tổng quan hơn về quy trình có hiệu quả hay không và từ đó đề xuất giải pháp khắc phục Và phần cuối cùng của bài báo cáo, tác giả đưa ra giải pháp dựa trên các nhân tố tác động chưa tốt đến hiệu quả của quy trình
Những phát hiện của bài nghiên cứu này đã bổ sung tài liệu về quy trình tư vấn quyết toán thuế TNDN, đồng thời cung cấp ý nghĩa lý luận và thực tiễn
Từ khoá: Quy trình Tư vấn thuế; Quyết toán TNDN; hiệu quả
Trang 11LE PHUONG THAO iii
BRIEF OF GRADUATION THESIS
In any process, there are always good and not good factors affecting the operational efficiency so that management team can find more perfect ways to improve the quality of products provided to clients, not only in the field of production but also in the service industry This graduation thesis aims to evaluate the factors affecting the operational efficiency of the CIT finalization consulting process; thereby proposing solutions to overcome the shortcomings that exist at Tax function of Deloitte Vietnam
First of all, the article gives an overview of the overall company performance and tax consulting process in particular at Deloitte Vietnam Tax Consulting Co., Ltd Next, the author systematized the rationale for the characteristics and functions of taxes, tax consulting activities and factors affecting the operational efficiency of a process The content of this chapter is the foundation, which is the basis for being able to follow and make the theoretical basis for the next chapter Next, the report describes the consulting process for CIT finalization The author focuses on describing each step of the process from start to finish At each step there will be problems and factors that arise This chapter only focuses on describing and outlining factors affecting the operational efficiency of the process The next chapter is an important chapter of the thesis The author delves into assessing the effect of factors on the efficiency of the process The author assesses based on the level of influence, the results of the influence and the level
of managers can control or not The basis of the assessment is presented in detail at the beginning of the chapter Thereby, the author has a better overview of whether the process is effective and therefore suggests solutions to overcome And the final part of the report, the author offers solutions based on factors that have not impacted the efficiency of the process
The findings of this study have supplemented the document on the process of advising CIT finalization and providing theoretical and practical significance
Keywords: tax consulting process; CIT Finalization; efficiency
Trang 12LE PHUONG THAO iv
CATEGORY
ACKNOWLEDGE i
TÓM TẮT KHÓA LUẬN TỐT NGHIỆP ii
BRIEF OF GRADUATION THESIS iii
CATEGORY iv
SUMMARY OF ACRONYMS vii
SUMMARY OF TABLES ix
SUMMARY OF DIAGRAMS x
SUMMARY OF CHARTS x
ABSTRACT xi
CHAPTER 1 OVERVIEW ABOUT TAX CONSULTING SERVICE AT BRANCH OF DELOITTE VIETNAM TAX ADVISORY CO., LTD 1
1.1 OVERVIEW ABOUT BRANCH OF DELOITTE VIETNAM TAX ADVISORY 1
1.1.1 The general information 1
1.1.2 History of establishment and development 1
1.1.3 Business strategy 3
1.1.4 Business area 3
1.1.5 General information of business outcome 4
1.1.6 Company structure 5
1.2 OVERVIEW ABOUT TAX CONSULTING SERVICE 8
1.2.1 Overview about clients 8
1.2.2 Types of provided services 9
1.3 TYPES OF SERVICE PROVIDED BY CIT TEAM 10
1.3.1 Support investors to involved in the market 10
1.3.2 Tax strategy 11
1.3.3 Review nature of compliance with tax laws of enterprises 12
1.3.4 Calculate and prepare tax returns 12
1.3.5 Tax consulting service for merger and acquisition transactions 13
1.3.6 Consultation to support the transfer pricing documents 13
Trang 13LE PHUONG THAO v
SUMMARY OF CHAPTER 1 14
CHAPTER 2 THEORETICAL BASIS OF TAX CONSULTING SERVICE 15
2.1 DEFINITION AND CHARACTERISTICS OF TAX 15
2.1.1 Definition of tax 15
2.1.2 Characteristics of tax 16
2.1.3 Functions of taxes 16
2.2 TAX ADMINISTRATION UNDER THE MECHANISM OF SELF ASSESSMENT 18
2.2.1 Introduce about modes of self assessment 18
2.3 TAX CONSULTING SERVICE 21
2.3.1 Definition of tax consultancy 21
2.3.2 Role of tax consulting service in economic market 23
2.3.3 Factors that affect to the operational effectiveness of tax consulting process 27
SUMMARY OF CHAPTER 2 32
CHAPTER 3 THE REALITY TAX CONSULTING PROCESS OF CIT FINALIZATION ENGAGEMENT AT BRANCH OF DELOITTE VIETNAM TAX ADVISORY CO., LTD 33
3.1 THE REALITY ABOUT ENGAGEMENT CIT FINALIZATION OF TAX FUNCTION 33
3.2 DESCRIBE TAX CONSULTING SERVICE – CIT FINALIZATION ENGAGEMENT 35
SUMMARY OF CHAPTER 3 40
CHAPTER 4 EVALUATE THE OPERATIONAL EFFICIENCY OF TAX CONSULTING PROCESS AT DELOITTE – CIT FINALIZATION 41
3.1 OUTSIDE FACTORS 43
3.1.1 Characteristics and business areas of clients 43
3.1.2 Information provided by clients 44
3.1.3 Storage way of supporting documents 46
3.1.4 Corporation of clients during team fieldwork 47
3.1.5 Feedback of clients 50
3.1.6 Authorities and regulations 50
3.2 INSIDE FACTORS 51
Trang 14LE PHUONG THAO vi
3.2.1 Accepting clients process 51
3.2.2 Number of available personnel 53
3.2.3 Quality of tax consultants 56
3.2.4 Budget for fieldwork 58
3.2.5 Pressures from assignments 60
3.2.6 Feedbacks from management team 62
SUMMARY OF CHAPTER 4 64
CHAPTER 5 SOLUTIONS TO IMPROVE TAX CONSULTING PROCESS – 65 CIT FINALIZATION ENGAGEMENT AT BRANCH OF DELOITTE VIETNAM TAX ADVISORY CO., LTD 65
5.1 IMPROVE THE LEVEL OF UNDERSTANDING ABOUT BUSINESS PROFESSIONS FOR TAX CONSULTANTS 65
5.2 IMPROVE PERFORMANCE IN LOOKING FOR SUPPORTING DOCUMENTS IN CLIENT DOCUMENT WAREHOUSES 66
5.3 ENHANCE COOPERATION OF CLIENTS WHEN CONDUCTING FILEDWORK 67
5.4 INCREASE THE NUMBER OF TAX CONSULTANTS TO MEET THE NEED FOR TAX CONSULTING WHILE STILL ENSURING QUALITY 68
5.5 REDUCE PRESSURE ASSIGNMENTS FOR TAX CONSULTANTS 69
SUMMARY OF CHAPTER 5 72
CONCLUSION 73
REFERENCES
SUMMARY OF APPENDIXES
Trang 15LE PHUONG THAO vii
SUMMARY OF ACRONYMS
Acronyms Description
ACCA Association of Chartered Certified Accountants
DESC Deloitte Entity Search and Compliance system
Trang 16LE PHUONG THAO viii
Acronyms Description
Trang 17LE PHUONG THAO ix
SUMMARY OF TABLES
Table 1.1: Some financial indicators, period from 2015 – 2018 4
Table 1.2: Analysis of some financial indicators, period from 2015-2018 4
Table 1.3: Summary of revenue in 2012 by service line for fiscal year from 01 July, 2017 to 30 June, 2018 5
Table 4.1: Level and interpretation of affection 41
Table 4.2: Result affection and their explaination 42
Table 4.3: Level and interpretation of control 43
Table 4.4: Level of available of information need to be provided by clients 45
Table 4.5: Sample some information need to collect when interview clients 48
Table 4.6: Summary of Tax function’s employment of Branch of Deloitte Vietnam Tax Advisory Co., Ltd 54
Table 4.7: Factors which impact the effectiveness performance of Tax function 64
Trang 18LE PHUONG THAO x
SUMMARY OF DIAGRAMS
Diagram 1.1: Structure of Deloitte Tax Advisory Co., Ltd 5 Diagram 1.2: Tax function’s structure 8 Diagram 3.1: General CIT finalizaiton engagement process 34
SUMMARY OF CHARTS
Chart 4.1: Employment structure of Tax function in 2018 54 Chart 4.2: Proportion of employees divided by level (Corporate Income Tax team) 55 Chart 4.3: Summary of jobs which tax consultants have involed in 2018 61 Chart 4.4: Breakdown of employees may be effected due to many assignments 62
Trang 19LE PHUONG THAO xi
ABSTRACT
i THE SIGNIFICANCE OF TOPIC
Tax consulting services have been formed and developed for a long time in developed countries in the world, including Vietnam Since 2007, our country has become an official member of the WTO And after many years with many new trade agreements, according to the commitment, we have to open the market for trade and service activities with other member countries This means that competition for businesses will become bigger, enterprises need to take advantage of all advantages to
be able to get the best competitive advantage with other competitors, with a focus on obligations taxation to make a difference will also be necessary when other factors have been considered
With the continuous development of enterprises in terms of quantity, form and scale of operations, in addition, it requires the transparency and healthy financial status
of enterprises in the market economy and economic integration Hence, the assistance of tax consulting services for enterprises in compliance with tax laws is essential Businesses want to ensure that they comply with the prescribed standards, so checking the tax performance is an inevitable need whereby businesses understand their tax payment and find themselves a business advantages from tax savings on the basis of compliance with regulations
In the Vietnam tax consulting market, Deloitte has nearly 10 years of experience
in consulting and proposing solutions to improve the efficiency of tax savings for businesses Highlights must include the process of consulting CIT finalization that the company provides to clients has created a great value for society every time the CIT finalization season comes Therefore, luckily, I had the opportunity to have involve in as
an internshipprogram at the Branch of Deloitte Vietnam Tax Advisory Co., Ltd, I was exposed to the standard and professional tax consulting process In order to build an
Trang 20LE PHUONG THAO xii
overview of the management executives on the tax consulting process, I selected the
topic of graduation thesis: "Evaluate factors effect to the operational efficiency of CIT
Finalization consulting process at Branch of Deloitte Vietnam Tax Advisory Co., Ltd."
ii THE TARGET OF GRADUATION THESIS
On the basis of analyzing the collected information and data, the graduation thesis will clarify the issues:
Briefly describe of the process of establishment and development; organizational structure at Branch of Deloitte Vietnam Tax Advisory Co., Ltd.;
Introduce the tax consulting services that Deloitte provides to clients;
Describe the standard tax consulting process– CIT Finalization at Deloitte;
Evaluate factors affecting the operational efficiency of the tax consulting process – CIT finalization service;
Proposing solutions to improve factors that have not impacted well on the operational efficiency of the process
iii RESEARCH METHODS
a Research through theretical basis method: Seeking for related
regulations + Law: No 78/2006/QH11 dated November 29th, 2006 on tax administration; + Law: No 21/2012/QH13 dated November 20th, 2012 on amending and supplementing a number of articles of the law on tax administration;
+ Circular: No 78/2014/TT-BTC dated June 18th, 2014 on guiding the implementation of the government’s decree no 218/2013/ND-CP of December 26, 2013, detailing and guiding the implementation of the law on CIT;
+ Circular: No 96/2015/TT-BTC dated June 22nd, 2015 on guidelines for corporate income tax in the government's decree no 12/2015/ND-CP dated February
Trang 21LE PHUONG THAO xiii
12th, 2015 on guidelines for the law on amendments to laws on taxation and amendments
to degrees on taxation; amendments to some articles of circular no 78/2014/TT-BTC dated June 18th, 2014, circular no 119/2014/TT-BTC dated August 25th, 2014, and circular no 151/2014/TT-BTC dated October 10th, 2014 of the ministry of finance
b Research and obtain information through practical events: there are
small steps in this method, including:
Interview with tax consultants
Observe and record during the filedwork
Use the company's training materials
c Descriptive method: After obtaining information and acknowledge, the
author implement to the description and presentation step, including:
Summarize and evaluate based on reports and data
Present information by tables, diagrams and chart
Review based on survey result
iv OBJECTS AND RANGES OF RESEARCH
Object: The object of research isthe operational effectiveness of tax consulting
process – CIT Finalization engagement at Branch of Deloitte Vietnam Tax Advisory
Ltd., Co
Ranges: Ranges of graduation thesis are factors which may have affected to
operational effectiveness of tax consulting process – CIT Finalization engagement at Branch of Deloitte Vietnam Tax Advisory Ltd., Co
5 NEW POINTS OF THE GRADUATION THESIS
Describe a detail of the tax consulting process, applied to CIT Finalization engagement at one of the four largest companies providing audit and advisory services in the world;
Trang 22LE PHUONG THAO xiv
Evaluate factors that affect the performance of this process;
Proposing solutions to overcome the factors that are not good
v THE STRUCTURE OF GRADUATION THESIS
Besides the abstract, conclusion, list of tables, diagrams and charts, summary of
references and appendixes, the thesis consists of 5 chapters:
Chapter 1: Overview about tax consulting service at Branch of Deloitte
Vietnam Tax Advisory Co., Ltd
Chapter 2: Theoretical basis of tax consulting service
Chapter 3: The reality tax consulting process of CIT Finalization engagement at
Branch of Deloitte Vietnam Tax Advisory Co., Ltd
Chapter 4: Evaluate factors affect to the operational efficiency of tax consulting
process at Deloitte – CIT Finalization Engagement
Chapter 5: Solutions to improve tax consulting process – CIT Finalization
Engagaement at Branch of Deloitte Vietnam Tax Advisory Co., Ltd
Due to time and knowledge limitations, I cannot avoid mistakes in the finalizing this thesis I hope to receive comments from lecturers and readers so that I can improve my graduation thesis Any feedback please send to the mailbox: lpthao09@gmail.com (Phuong Thao Le), cellphone number: 090 3582 954
Sincerely thanks
Author – Student’s Name
Le Phuong Thao
Trang 231.1.1 The general information
Full name of intern entity: Branch of Deloitte Vietnam Tax Company Limited Tax Code: 0103921690-001
Head office: 15th Floor, Vinaconex Tower, 34 Lang ha Street, Lang Ha Ward,
Dong Da District, Hanoi, Vietnam
Location of branch: 18th Floor, Times Square Building, 57-69F, Dong Khoi Street, Ben Nghe Ward, District 1, Ho Chi Minh City, Vietnam
Tel: 028 3910 0751
Logo:
Owner: Madam Ha Thi Thu Thanh – Chairwoman – Legal representative of Head office
Fiscal year: 01 July to 30 June
Date of business license: 24/11/2009
Date of operating: 24/11/2009
1.1.2 History of establishment and development
About Deloitte global
Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities DTTL is a multinational professional services network Deloitte is one of the "Big Four" auditting organizations and the largest professional services network in the world by revenue and number of professionals In 1845, William Welch Deloitte established
an office in London In 1989, Deloitte, Haskins & Sells merged with Touche Ross to
Trang 24About Deloitte Vietnam
Deloitte Vietnam - one of the leading auditing and consulting firms in Vietnam was built, developed and inherited the success of 28 years of operation of the former company, Vietnam Auditing Company (VACO)
VACO was established on May 13, 1991 under the Decision No 165 TC / QD-TCCB of May 13, 1991 of the Minister of Finance and transferred to a one-member limited liability company under Decision No 1927 / QD-BTC dated June
30, 2003 of the Minister of Finance It is one of two first independent auditing company to be present in Vietnam (with AASC) In 1992, VACO combined with Deloitte Touche Tomatsu Limited to expand professionally in Vietnam Then these two companies merged to form VACO Deloitte in 1995 In May 2007, an important event for the Vietnam economy when VACO was the first company to successfully convert ownership and from then on VACO Deloitte officially operates under the name Deloitte Vietnam up to now
With over 28 years of experience in the Vietnam market, the clients are served
by over 900 staff located in Hanoi and Ho Chi Minh city offices but also enjoy access
to the full strength of our Deloitte Southeast Asia member firm Through the extensive network, Deloitte Vietnam delivers value-added services in Audit and Assurance, Tax, Financial Advisory, Risk Advisory, and Professional Training Services to the private and public sectors across a wide range of industries
About Deloitte Vietnam Tax Advisory (Tax function)
Tax solutions are always a compulsory matter of primary concern for all enterprises, especially in a developing market in Vietnam where tax regulations and policies are constantly being perfected As member firm of Deloitte Vietnam, Deloitte Vietnam Tax was established in 2009 with local tax consultants who are deeply knowledgeable about the Vietnamese tax regulations, have a close relationship with
Trang 252017 is 10.2%), this is quite understandable in recent years, Deloitte and Big Four companies focus on investing and developing the consulting field Auditing and assurance services grew by 7.7% compared to 2017, financial advisory services increased by 8%, risk consulting services increased by 12%, tax and legal services increased by 8.7%
In order to create an environment for accelerating strategy, Deloitte Vietnam is also actively involved in many activities to contribute to healthy business environment for vocational training The company actively takes part in contributing
to the development of legal documents related to auditing and consulting activities such as: Vietnamese Accounting Standards, Independent Auditing Law, Tax policies, etc Through activities to provide services to the market, Deloitte Vietnam also actively participates in the process of disseminating legal documents that directly affect the operation of enterprises, thereby helping businesses improve management capacity, corporate governance, transparency in operating according to international standards to increase competitive advantage
1.1.4 Business area
In Vietnam, Deloitte Tax mainly provides services to joint stock companies and state – owned enterprise but nowadays, Deloitte Vietnam is expanding into the FDI
manufaturing sectors The business area provided to client include:
Identify and minimize tax risks in Vietnam and around the world;
Understand and meet corporate tax compliance obligations;
Trang 26LE PHUONG THAO 4
Implement tax strategies to support the business and business goals of the enterprise;
Settle arising disputes with tax authorities;
Manage accounting and tax reporting issues
1.1.5 General information of business outcome
Some financial indicators in the period from 2016 – 2018 as follows:
Table 1.1: Some financial indicators, period from 2015 – 2018
Payable to state budget 115,629 114,512 114,811
Earnings after tax 20,739 12,998 16,590
(Source: Transparency report of Deloitte Vietnam Ltd., Co)
The number of payable to the state budget has also increased constantly Deloitte has paid a large source for the budget and gradually increased according to the business results obtained from the years, contributing to enriching the budget
Table 1.2: Analysis of some financial indicators, period from 2015-2018
Items (million VND)
Fiscal year from 01 July, 2017 to 30 June,
2018 compared with Fiscal year from 01 July, 2016 to 30 June,
2017
Fiscal year from 01 July,
2016 to 30 June, 2017 compared with Fiscal year from 01 July, 2015 to 30
June, 2016
Total revenue 159,507 24.00 -7,427 -1.105
Payable to state budget 1,117 0.975 -299,000 0.260
Earnings after tax 7,741 59.555 -3,592 -21.652
(Sourcce: Author combined based on Transparency report Deloitte Vietnam)
Trang 27LE PHUONG THAO 5
According to Table 1.2, further to the revenue items, Deloitte Vietnam is decreasingly asserting its market with a decrease of nearly 7,5 billion VND compared
to 2017, corresponding to the rate of about 1.1 % In 2018, the increase compared to
2017 has reached an impressive figure of more than VND 155 billion, corresponding
to a speed of nearly 24% The fluctuation of revenue targets partly reflects the growth rate of the tax payable to the state budget Hence, earnings after tax in 2018 increased significantly about 7,8 billion VND, corresponding to an increase of about 60% Through the below table 1.3, based on transparency report 2019 of Deloitte, it is clearly informed that audit service is not the basic service of Deloitte Vietnam anymore (only about 10.5%) Advisory services such as tax consulting, financial and risk advisory are increasingly contributing a large proportion in total revenue (significantly 83%) Evidently, Deloitte Vietnam is developing strongly in the field
of tax consulting and risk management consulting for businesses
Table 1.3: Summary of revenue in 2012 by service line for fiscal year from 01
July, 2017 to 30 June, 2018 Service items Revenue %
Audit financial statements from the public company 86,507 10.495
Trang 28LE PHUONG THAO 6
and signing tax contracts, accounting services with clients This position is required
to have a professional certificate in accordance with current regulations
Foreign experts: perform professional support for departments and auditing contracts of the company
The management team: is responsible for establishing general orientations such as business strategy, recruitment and training policies, etc The partner is the sole representative of the company, responsible to Deloitte Touche Tohmatsu for all activities of the company, has the power to regulate and decide all activities of the company and representative offices The manager is in charge of the technical review and scientific research in tax function, assisting the partner in executing a number of fields and being responsible to the partner for the tasks authorized by the partner and assignment of implementation
Department of domestic operations perform tax consulting servicesof owned enterprises and domestic companies
state-International professional department: perform tax consulting services of foreign-invested enterprises and international projects
IT and risk management: handle issues related technology systems and ensure the network to operating efficiently
Tax Function: Providing tax and accounting services to clients This is the department deliver important values to the company
The Finance department carries out the accounting and finance work of the company in accordance with the current regulations, performing accounting work at the request of the Board of Directors
Admin department: is responsible for welcoming client when they come to visit or work at the company, synthesizing and processing information from outside, resolving related issues according to their duties and managing general administrative expenses such as: taxi expense, allowance for team fieldwork to claim to accounting department for calculating salaries and benefits Furthermore, they are also responsible to prepare fully the meal vouchers as well as stationeries for team fieldwork in the peak season
Trang 29LE PHUONG THAO 7
Human Resource department: responsible for managing effectively personnel relations issues including local labor issues, recruiting, insurance, event of firm, etc
Diagram 1.1: Structure of Deloitte Tax Advisory Co., Ltd
(Source: Admin Department of Deloitte Vietnam Ltd., Co)
1.1.6.2 Detailed tax function’s structure
Partner: Quality control, assign, monitor ganerally of implementing tax engagement
Senior manager / manager (in charge): Assigned by tax partner (is any rely on specific engagement), responsible for managing and directly providing tax services
Senior: Assigned by management level, responsible for monitoring team members and directly communicate client to collect data, supporting documents and tax audit minutes Furthermore, one of the main responsibilities of seniors is to figure out the tax issues as well as review the working paper completed by tax consultant through team fieldwork before submitting report to management level
Professional
departments
Tax function Other departments Branchs
: HCMC
Chairwoman: Ha Thi Thu Thanh
Trang 30LE PHUONG THAO 8
Consultant 2 (if any rely on the specific engagement): Review the assignment completed by tax consultant 1 and conducting some complicated tax issues to ensure to make report timely
Consultant 1: Handle tax issues work for client and input to working paper under the direct assignment of manager in charge or seniors
Diagram 1.2: Tax function’s structure
(Source: Tax Function of Deloitte Vietnam)
1.2 OVERVIEW ABOUT TAX CONSULTING SERVICE
1.2.1 Overview about clients
1.2.1.1 The group of clients who are organizations operating in Vietnam
This group includes enterprises of Vietnamese or foreign business organizations that have established legal entities and conduct production and business
Tax Consultant
Partner
Senior Manager
Manager Director
Tax Consultant
Tax Consultant
Trang 31LE PHUONG THAO 9
activities or provide services in the Vietnamese territory so they are also responsible duty to fulfill tax obligations Using tax consulting services will support them to file taxes professionally, quickly and accurately This group of clients often needs advice
on the responsibility of complying with tax laws such as the services of reviewing and evaluating the effectiveness, the structure of tax organizations, making declarations and tax finalization for common taxes such as corporate income tax, personal income tax, VAT, special consumption tax, etc Clients who are newly established businesses will be supported with tax declaration and registration services for enterprises
1.2.1.2 The group of clients is foreign investors
These are foreign organizations or individuals who plan to invest in Vietnam They will have a need to learn about Vietnam's tax environment and laws, thereby making investment decisions Investors can conduct business activities by establishing new legal entities or conducting business acquisitions In addition, foreign investors can open representative offices in Vietnam or conduct business activities but do not establish a new legal entity In such cases, clients will be assisted
in collecting information about tax laws, as well as the necessary procedures to begin operations in Vietnam Clients are also guaranteed to fulfill their duties in accordance with Vietnamese law and relevant foreign regulations
1.2.2 Types of provided services
Deloitte Tax analyzes the business environment to help client effectively manage potential tax risks related to business operations and maximize the effective tax
structure, build value for entities, via 5 main service lines as below:
Business Tax service (including CIT team, and global trade advisory service): preparing or review compliance filings to provide companies with confidence on the completeness and robustness of tax reporting (corporate income tax returns, transfer pricing annual returns, double tax treaty claims etc.) In addition, assist to undertake a risk assessment of historic tax liabilities and risks and advise on opportunities to be captured and methods
Trang 32 Global Employer service: As companies grow and become more global in scope, employment issues become more complex Among the most serious challenges businesses face today is compliance with multifaceted tax laws and labor regulations Deloitte offers well-rounded plans and program development strategies that can help transform global employment programs in a tax- and cost-efficient manner
Transfer Pricing service: assist companies manage risks by aligning practical transfer pricing services with their overall global business operations and objectives, assist with strategic documentation to support their transfer pricing practices, and resolve disputes efficiently Deloitte has a well-earned reputation for quality and delivering results
Business Process Solutions service: assist companies identify that unique approach by assessing operational effectiveness, identifying opportunities
to enhance strategic insight and operational efficiencies, and developing an incremental path to improvement by leveraging alternative resource models
1.3 TYPES OF SERVICE PROVIDED BY CIT TEAM
1.3.1 Support investors to involved in the market
This is a service that provides foreign investors with a detailed information system about the investment environment, tax laws and legal conditions when starting business activities in the Vietnamese market
The most general information provided to investors includes:
Trang 33LE PHUONG THAO 11
Investment environment: information on the organization of the state management apparatus of Vietnam, the domestic socio-economic situation and foreign trade activities, etc
The legal system in business operations: regulations and procedures for business registration, market price systems, intellectual property rights, information on enterprise operations
Types of business organizations: types of businesses with the participation of foreign investors are allowed, legal provisions for each type, regulations on opening branches and representative offices
Tax system: general provisions on Vietnamese tax laws, details of each tax, tax rates and tax incentives, regulations on transfer pricing, tax declaration, payment and tax administration
Information on the labor market: labor market situation, regulations on hiring labor, wages, hours of labor, insurance for workers, regulations on hiring foreign workers, etc
1.3.2 Tax strategy
Tax planning is the process of analyzing tax situations, options, and possibilities so that when, when, and when to conduct a business transaction or an individual's transaction to avoid taxes or minimize the amount of tax to be paid in the maximum way For an individual or a business organization, there is usually more than one option to make a taxable transaction and one of the ways to reduce costs is
to choose a plan so that the tax liability is paid By law is the lowest
There are many different tax reduction plans, but whether it is a simple or complex plan, it is all designed to achieve the following main goals:
Minimizing taxable income: building tax plans to generate the lowest taxable income by paying attention to reasonable expenses for exemption and reduction
Minimize the tax rate: with each type of transaction will have different applicable tax rates, low tax rates will minimize the tax payable
Trang 34LE PHUONG THAO 12
1.3.3 Review nature of compliance with tax laws of enterprises
The purpose of reviewing the tax status of an enterprise is to check the compliance of the tax system of the enterprise to the tax law as well as the situation
of tax declaration and payment for prescribed taxes This process helps enterprises to firmly grasp the status of fulfilling their tax obligations, if there are problems and errors, they can promptly repair and avoid the occurrence of tax penalties
Main provided engagement: CIT Review, Tax health check
1.3.4 Calculate and prepare tax returns
With self-declaration and self-payment mechanism, all taxpayers must calculate the tax payable by themselves and fill in the tax return properly and completely Services of calculating and making tax declarations to assist enterprises
in the process of calculating and declaring payable tax amounts, making reports on finalization of enterprise income tax and personal income tax as well as other related taxes
Some service calculated and prepared by CIT team such as: corporate income tax, value-added tax, etc When conducting corporate income finalization service, Deloitte usually provides value-added tax calculation and preparation tax returns monthly Below is the standard questionnaire for clients before conducting value-added tax calculation service
Main provided engagement: CIT Finalization, CIT/VAT/FCWT
Compliance
Trang 35LE PHUONG THAO 13
1.3.5 Tax consulting service for merger and acquisition transactions
Business transactions have started to develop in Vietnam and along with it is
the expansion of tax consulting services for business transactions An important
requirement in a business transaction is the business situation of the purchased
enterprise, including the status of tax obligations Tax consulting services for business
transactions will help clients review the tax system, the implementation of tax
obligations of enterprises to buy, thereby helping investors make decisions should
implement Business acquisition or not, and also provide advice to help clients realize
and fulfill the tax obligations arising in merger and acquisition transactions
Main provided engagement: Tax due dilligence
1.3.6 Consultation to support the transfer pricing documents
Transfer pricing has always been an issue of interest to multinational
companies in the process of operating in countries around the world This is a fairly
sensitive issue and is highly focused by tax law makers In many countries around the
world, there are mandatory regulations for multinational companies in conducting
transactions with foreign partners, in order to limit the transfer of prices causing tax
losses Knowing the rules of tax laws related to international transfer issues will help
businesses avoid unnecessary violations
This is a special service be in charge by the transfer pricing team (TP team)
CIT team will assist to declare the client's transaction values with the affiliated party
in the CIT finalization documents after the TP team releases the final report and gets
the customer's consent Consulting on preparing transfer pricing documents is always
included in CIT finalization, especially for clients who are managing large-scale
corporates, many subsidiaries and affiliates, etc
Main provided engagement: Transfer pricing, Related party transactions
Trang 36LE PHUONG THAO 14
SUMMARY OF CHAPTER 1
Chapter 1 introduced an overview of Deloitte Vietnam Tax Consulting Company Limited Some related information: information about Deloitte Global, Deloitte Vietnam, Tax function as well as Deloitte Tax's main business to get a clear view of the direction of operation over the years In addition, the author also introduces tax consulting services that Deloitte Ho Chi Minh branch provides to clients, key client markets as well as management leaders for each individual market
It can be seen that Deloitte Tax Vietnam, which has been operating for nearly 10 years, has become one of the largest auditing and consulting groups in Vietnam and the tax consulting service is proud to be one of Deloitte's core areas brings more added value to society
Due to confidential reasons and company policies, the author does not have ability to obtain the revenue of tax consulting services as well as the revenue of each service line of Tax function (only the level of manager or above have the right to know), therefore author only presented general revenue published on the company's transparency report released on April 9th, 2019
Trang 37LE PHUONG THAO 15
Chapter 2
THEORETICAL BASIS OF TAX CONSULTING SERVICE
2.1 DEFINITION AND CHARACTERISTICS OF TAX
2.1.1 Definition of tax
In the world economic newsletter, there is no absolute understanding of tax concept On different angles according to the views of different economists, there are different tax definitions
From the perspective of income distribution: "Tax is a form of distribution and redistribution of total social products and national income in order to form centralized monetary funds of the state to meet the spending needs for jobs perform the functions and duties of the state.”
From the perspective of taxpayers: "Taxes are compulsory contributions that every organization and individual must be obliged to contribute to the state according
to law to meet the spending needs for the performance of functions and duties of the house country."
From an economic perspective: "Taxes are a special measure whereby the state uses its power to transfer a portion of resources from the private sector to publice sector to carry out economic and social functions of the state.”
From the above definitions, we can draw some common characteristics of tax:
First, the economic content of taxation is characterized by each monetary relationship that arises under the state and legal entities, individuals in society
Secondly, each relationship in this form of currency arises objectively and has
a special social meaning - the transfer of income is mandatory according to the order of the state
Thirdly, in terms of law, tax is a payment to the state prescribed by law according to a certain amount and time limit
Trang 38LE PHUONG THAO 16
From the above characteristics of the tax, we can raise the general concept of tax: Tax is a compulsory contribution from legal persons and entities to the state according to the extent and duration prescribed by law intended for public use
2.1.2 Characteristics of tax
Taxes have relatively stable attributes through each stage of development and expression into its own characteristics, thereby helping us to distinguish taxes from other tools These characteristics are:
Mandatory is the inherent basic attribute of tax to distinguish between taxes and other forms of financial incentives of the state budget This feature makes it clear that the economic content of taxation is an objective monetary perspective that is objectively formed and has a special social meaning - the mandatory mobilization of the state Mandatory nature in the form of tax is a method of distribution of the state, whereby a set of taxpayers' incomes are transferred to the state without a grant or other benefit to taxpayers
2.1.2.2 Direct non-refundable
The direct non-refundable nature of taxes is reflected in the fact that: Taxes are repaid indirectly to taxpayers through the provision of public services by the state Direct non-imperfections are presented both before and after tax Before collecting taxes, the state did not provide a public service directly to taxpayers After paying taxes, there is no direct reimbursement for taxpayers
Tax is a highly legal financial instrument, determined by the political power
of the state and that power is expressed by law
2.1.3 Functions of taxes
2.1.3.1 Mobilizing financial resources for the state
From the moment it arises, taxes are always used as a means of financial resources for the state, the basic function of taxes Thanks to the function of
Trang 39LE PHUONG THAO 17
mobilizing financial resources, the centralized monetary fund of the state is formed, thereby ensuring the material basis for the existence and operation of the state This function has created the premise for the state to distribute and redistribute total products of society and national income in society Tax is a source of the largest proportion for the state budget
2.1.3.2 Economic regulation function
The economic regulation function of taxes is made through the provision of different forms of tax collection, proper identification of taxable objects and taxpayers, and the correct construction of payable tax rates taking into account ability
of taxpayers, flexible use of incentives and tax breaks
On that basis, the state stimulates economic activities to enter a common orbit,
in accordance with the interests of society Thus, by regulating and stimulating, the economic regulatory function of taxation has been implemented
Between the function of mobilizing financial resources and economic regulation functions, each relationship is intimately close to each other The function
of mobilizing financial resources regulates the impact and development of regulatory functions On the contrary, thanks to the correct application of economic regulation function, it is necessary to develop the function of mobilizing financial resources of tax The increasing function of mobilizing financial resources to ensure the income source for the state has created conditions for the state to influence deeply on economic and social processes This creates a premise to increase income for businesses and strata, thus expanding the base to perform the function of mobilizing financial resources
Along with that unity, there are no contradictions between these two functions The enhancement of the function of mobilizing financial concentration makes the income of the state increase That means expanding the state's ability to implement socio-economic programs On the other hand, enhancing the mobilization function excessively will increase the tax burden and its consequence is to reduce the dynamics
of economic development and undermine the role of economic regulation
Trang 40LE PHUONG THAO 18
Therefore, in the process of tax administration, planning tax policies at each stage of different economic development needs to pay attention to each relationship between economic regulation function and financial mobilization function of tax
2.2 TAX ADMINISTRATION UNDER THE MECHANISM OF SELF ASSESSMENT
2.2.1 Introduce about modes of self assessment
2.2.1.1 Definition
Self assessment is the self-determination (amount) based on taxfoundation for the tax purposes In a narrow sense, it is understood that the tax payers determine by themselves tax payable amount and paid by himself / herself/ themselves according
to the prescribed time limit.On other hand, self assessment is understood in a broad sense which is used widely nowadays: This is a tax administration method built on the foundation of taxpayers' compliance with the fact that taxpayers themselves perform the obligations prescribed by the Law, the tax authorities are organized and implement tax administration measures in line with that principle (Ha Tiep Nam - Document compiled as required of Fullbright Economics Training Program, page 1)
2.2.1.2 Responsibilities of tax payers
Under this mechanism, organizations and individuals paying taxes based on production and business results in their assessment tax period and based on the provisions of the law on tax will determine tax payable to state budget by themselves, thereby self-filling and self-performing the obligation to pay the declared tax payments into the state budget according to the law-prescribed deadlines
The mechanism of self-assessment requires that organizations and individuals paying taxes must improve their responsibilities because the declarations are due to organizations and individuals paying taxes independently based on their production and business results and tax regime books without the confirmation of the tax authorities The tax payers are responsible for the results of their tax calculation and declaration before law