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Unusual line to import super cars as gifts: Who is making excuses?

Customs and taxes are innocent?

At the press conference on the afternoon of May 25, the reporter of Tien Phong newspaper questioned and gave specifics about each case with signs of profiteering, the representative of the General Department of Customs asked for the following answers. However, the press conference host still hastily affirmed that “no tax fraud was detected”. Accordingly, he said he had followed current regulations and collected all taxes.

It should be clearly stated that a car “passing” through the border gate is of course difficult to evade the tax items to be paid. The problem is, what price is the car declared at and who helps the car buyer, importing the car is taxed at that price? Just taking an example of the most “fever” Mercedes car today (G63), comparing a gift car with a genuine imported car, it will be clear how tax evasion is, how much damage is caused to the State (although this is just a aspects in the series of articles that we want to convey).

Unusual line to import super cars as gifts: Who is making excuses?  - Photo 1.

Donated cars signed by the Director of Ha Nam Ninh Customs Department and offered for sale by HC Auto

According to PV Tien Phong’s research, the Mercedes G63, produced in 2021, is 100% new and cleared by HC Auto NK Joint Stock Company at Gia Thuy port (Long Bien, Hanoi) in early August 2021 with declared price of 108,000 USD (about 2.5 billion VND). Adding import and export taxes, special consumption, VAT, the total after-tax car price is about 7.52 billion VND and is cleared. However, the actual price at the HC Auto showroom is sold (by the end of 2021) from 13 to 14 billion VND.

Unusual line to import super cars as gifts: Who is making excuses?  - Photo 2.

With the same model, equipped with the same accessories, but Mercedes-Benz Vietnam Co., Ltd (a subsidiary of Daimler AG – Germany), officially importing the Mercedes-Benz brand (in Vietnam) quotes from 126,000 to 135,000 USD (equivalent to 2.9-3.1 billion VND). After paying customs tax (import and export + special consumption + added value), the total after-tax price of the car is about VND 8,7-9 billion. Thus, calculating the car price after customs tax alone, the G63 of HC Auto has “dodged” about 1 billion VND. The strange thing is, most of the imported G63 cars are accepted by the customs of the provinces with a declared price of 105,000-108,000 USD, 18,000-27,000 USD cheaper (equivalent to 400-600 million VND) compared to the price. commercial vehicles.

Another representative of a genuine luxury car brand imported from the UK said that they face a lot of competition. According to this person, there are models that are not open to the Vietnamese market, but are available to foreign markets. Because, outside businesses can flexibly import from the US or Germany, the Middle East – where any brand is prioritized for early production. Small markets like Asia Pacific in general and Vietnam in particular, production schedules are often slower.

In fact, according to the investigation, the declared price difference between super-luxury cars such as Rolls Royce Cullinan, Bentley Bentayga V8, Porsche, Ferrari Roma, Audi… could be much larger.

With that said, tax collection at customs is only one aspect. In addition, there is also domestic tax collection. Once the “ghost” business disappears, where will corporate income tax and extraordinary income tax be collected? Not to mention through which channel foreign currency is transferred abroad to import super cars, legal invoices and documents?…

On the afternoon of May 26, a representative of the Hanoi Tax Department said that from 2019 to 2021, through a review in the area, there are 61 imported cars as gifts. In which, 48 vehicles were declared, 5 vehicles had their business registration addresses removed, 2 vehicles were returned by the enterprise, 1 vehicle was confiscated and 4 vehicles had not been identified with the company’s whereabouts. According to this position, with imported cars as gifts, after clearing customs procedures and paying customs duties (import-export, special consumption, VAT), enterprises must pay corporate income tax at the rate of 20 percent. % of declared import value. For example, like a G63, an import company declares a price of about 108,000 USD, the tax rate will be about 250 million VND. However, it is worth mentioning that the tax payment depends on the business results of that year.

“In case, that year, the business makes a loss, this tax does not have to be paid. For businesses that leave their business registration addresses, this is definitely tax evasion. Currently, we have sent a document to the police to track and handle”, a representative of Hanoi Tax Department confirmed.

For businesses that declare that they have received a car as a gift, a representative of the Hanoi Tax Department said, usually, after about 90 days from the time the tax agency announces on the mass media about the tax payment. Importing enterprises will have to pay this tax, otherwise it will be considered as tax arrears. However, when asked about the tax amount that businesses receiving donated cars have paid in the past 3 years, the representative of Hanoi Tax Department refused to answer, and said he would review it.

“Forget this topic”

According to PV Tien Phong’s research, although there is no seaport to import cars, Ha Nam Ninh Customs Department is one of the two units that license to import this item the most. The leaders of Ha Nanning Customs Department who regularly sign permits are Deputy Director Ha Trung Thanh and Director Pham Hong Thanh; At Da Nang Customs Department, there were Director General Quach Dang Hoa and Deputy Director Nguyen Huong.

“My side is being told by customers why they haven’t returned since 1-2 years when they order the G63, while outside the showrooms they order 21 days to 1 month to have a car. The company sells “child” S580 for only 12 billion, and they sell up to 16 billion. Or like the standard GLS 450 line in the US, the price is 77,000 USD, while the donated car is priced at 30-40,000 USD. Thus, the GLS 450 is given as a gift to avoid the taxable price of about 30,000-40,000 USD / unit,” said a representative of a genuine imported car company.

In Ninh Binh, up to 15 businesses have exported and sold donated cars after importing and leaving their business addresses. Ninh Binh Tax Department said that it had sent the dossier to the police for coordination in tracing and handling. Further investigation showed that the import permits of these enterprises were granted by Mr. Ha Trung Thanh-Deputy Department of Ha Nam Ninh Customs Department.

When asked, “Has the Ha Nam Ninh Customs Department ever verified that enterprises really have import-export activities, turnover, how do they do close business with partners and are given so many cars as gifts? ?”, Director General Pham Hong Thanh said that, according to regulations, enterprises only need to have all documents such as business registration papers, written requests, open letters of gifts from foreign partners, etc., according to Circular 143 of the Government. The Ministry of Finance will be considered for licensing. “In my opinion, this topic should be dropped,” Mr. Thanh suddenly suggested.

Responding to the phenomenon of many businesses with the same address being given a luxury car, did the department find it suspicious or unusual, why it still licensed, Mr. Thanh said: “I will have the department check it out again. . Reported to the inspection team of the General Department of Customs before, there was no such phenomenon”.

As for the donation of cars to big showrooms in Hanoi like Tien Phong, whether or not there are signs of policy profiteering, Mr. Thanh replied: “Of course yes. Because only big cities have car giants, Ninh Binh has just over 100 luxury cars. Inadequacies of the policy again. The essence is that enterprises circumvent the law”.

Answering about unusual signs when many businesses with the same address are licensed to import donated cars, Mr. Quach Dang Hoa – Director of Da Nang Customs Department said: “This is normal. The law does not prohibit multiple companies from establishing at the same address.”

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