Is It a Violation if a Business Registered Under the Husband’s Name Receives Payments into the Wife’s Bank Account? – HCMC Tax Department Responds

The Ho Chi Minh City Tax Department’s website features a question: Is there any violation if a business household is registered under my name, but customer payments are transferred to my spouse’s bank account?

In response, the Ho Chi Minh City Tax Department clarifies: According to Decision 3389/QĐ-BTC, which regulates business households, those with annual revenue exceeding 200 million VND must register a bank account. Registering a bank account under the business household’s name facilitates revenue, expense, and cash flow management, enhancing professionalism and trustworthiness with customers and partners. Therefore, business households should register a bank account promptly to streamline transactions.

The tax authority advises against concealing sales revenue or service income by receiving payments through a bank account not registered under the business household’s name.

Another question: From January 7, 2025, the personal identification code will replace the tax code for business households. Do I need to register for this change, or will the system update automatically?

The Ho Chi Minh City Tax Department explains: Under Circular 86/2024/TT-BTC issued by the Ministry of Finance, if a business household, household, or individual has been issued a tax code before January 7, 2025, and their registered information matches the National Population Database, they may use their personal identification code as their tax code starting July 1, 2025. Tax authorities will manage all data for business households, households, and individuals, and dependency deductions will be processed using the personal identification code.

If a business household, household, or individual has been issued a tax code before July 1, 2025, but their registered tax information does not match the National Population Database or is incomplete, the tax authority will update their tax status to “Tax code pending personal identification code update” (status 10). Taxpayers must then complete the tax registration information change procedure with the tax authority as outlined in Circular 86/2024.

Taxpayers are advised to proactively verify their tax registration information on the Tax Department’s e-portal and the eTax Mobile app, cross-referencing it with their personal identification details in the National Population Database to ensure compliance with the above regulations.

Another question: After the merger of administrative units, must business households update their registration certificates? What is the procedure?

The Ho Chi Minh City Tax Department responds: On April 5, 2025, the Ministry of Finance issued Document 4370/CV-BTC, guiding the consolidation of business registration following administrative address changes. Accordingly, businesses, business households, cooperatives, cooperative unions, and cooperative groups may continue using their existing Business Registration Certificates, Business Household Registration Certificates, Cooperative Registration Certificates, Union Registration Certificates, and Branch/Representative Office/Business Location Activity Certificates.

Tax authorities will automatically update taxpayers’ addresses in the tax management system and notify them of any changes to their tax authority (if applicable).