Tin Thanh Group

Bỏ đề xuất trao quyền điều tra cho cơ quan thuế

Tại cuộc họp giữa lãnh đạo Chính phủ và một số bộ, ngành, Ủy ban Tài chính ngân sách của Quốc hội ngày 27/8, ông Trần Xuân Hà – Thứ trưởng Bộ Tài chính đề nghị trước mắt chưa bổ sung chức năng điều tra ban đầu của cơ quan thuế vào dự thảo Luật Quản lý thuế sửa đổi. Lý do được Thứ trưởng Tài chính đưa ra “để nghiên cứu kỹ hơn, lập kế hoạch thực hiện nhiệm vụ theo lộ trình với ngành thuế”.

Đề xuất quyền điều tra của cơ quan thuế được Bộ Tài chính kiến nghị nhiều lần khi xây dựng dự Luật Quản lý thuế sửa đổi, song vấp phải phản đối từ nhiều bộ, ngành và giới chuyên gia.

Trước đó tại dự thảo công bố vào tháng 7, Bộ Tài chính vẫn đề xuất bổ sung thẩm quyền tiến hành một số hoạt động điều tra ban đầu cho cơ quan thuế. Trưởng đoàn kiểm tra, trưởng đoàn thanh tra, chi cục trưởng, cục trưởng các cơ quan thuế có thẩm quyền niêm phong hàng hóa, kho, hồ sơ, tài liệu, tạm giữ người, áp giải người vi phạm trong trường hợp có căn cứ cho rằng có hành vi vi phạm pháp luật thuế, trốn thuế. Nếu vi phạm đến mức phải truy cứu trách nhiệm hình sự, cơ quan thuế, công chức thuế có thẩm quyền khởi tố vụ án, khởi tố bị can, thực hiện các hoạt động điều tra.

Như vậy, sau nhiều cân nhắc, cuối cùng kiến nghị trao quyền điều tra ban đầu cho cơ quan thuế để ngăn chặn các hành vi vi phạm pháp luật về thuế, trốn thuế vẫn chưa thể thực hiện. Thay vào đó, dự thảo mới nêu rõ trường hợp kiểm tra, thanh tra thuế phát hiện hành vi trốn thuế có dấu hiệu tội phạm, cơ quan quản lý thuế chuyển hồ sơ cho cơ quan có thẩm quyền để điều tra theo quy định của pháp luật tố tụng hình sự.

Cơ quan quản lý thuế chỉ có trách nhiệm phối hợp với cơ quan điều tra thực hiện điều tra tội phạm về thuế theo quy định của pháp luật.

Dự thảo mới công bố cũng bổ sung quy định thanh tra lại trong hoạt động thanh tra thuế khi có vi phạm về trình tự, thủ tục thanh tra; có dấu hiệu vi phạm pháp luật nghiêm trọng của đối tượng thanh tra chưa được phát hiện đầy đủ qua thanh tra…

Liên quan tới quản lý thuế của doanh nghiệp có giao dịch liên kết, chống chuyển giá, dự thảo mới đã bổ sung quy định nguyên tắc quản lý thuế với người nộp thuế có phát sinh giao dịch liên kết; áp dụng cơ chế đơn giản hoá kê khai, xác định giá giao dịch liên kết với người nộp quy mô nhỏ, rủi ro thấp; nghĩa vụ cung cấp hồ sơ người nộp thuế có phát sinh giao dịch liên kết; trao đổi thông tin giữa cơ quan thuế Việt Nam và cơ quan thuế nước ngoài.

Dự thảo luật cũng bổ sung quy định quản lý thuế với hoạt động thương mại điện tử theo hướng xây dựng cơ sở dữ liệu và triển khai rộng rãi các dịch vụ thuế điện tử như khai thuế điện tử, nộp thuế trực tuyến, bổ sung quy định trách nhiệm các Bộ, ngành các tổ chức liên quan đến thương mại điện tử.

Dự kiến, Luật Quản lý thuế sửa đổi được trình Quốc hội xem xét, cho ý kiến tại kỳ họp thứ 6 diễn ra tháng 10/2018 và trình Quốc hội xem xét, thông qua tại kỳ họp 7 vào tháng 5/2019.

1,243 thoughts

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