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Introduction:

Metro VN:

METRO Cash & Carry is one of the international trading companies recognized as the country's greatest potential. In 2002, the world's leading self-service wholesale company inaugurated its first center in Ho Chi Minh City.

Big C:

Big C is a brand of famous retail distribution group Casino in Thailand, Vietnam and Laos.

How the company illegally reduced their tax payable?

Both companies have taken advantage of transfer pricing to evade taxes. In detail, tax agency found out that although Metro VN started its business in March 2002 and had 1 head office, 15 branches and 1 transshipment warehouse, the company still declared a loss with a total amount of VND 1,657 billion and only made a profit of 173 billion VND in only one year from 2002 to 2013.

Big C: Big C supermarket from Casino Group (France) to Thai retail giant Central Group in April 2016 with a value of more than 1 billion euros but did not actively pay tax. Moreover, The tax authority has not yet received the tax declaration and payment documents of the transfer transaction.

What are the consequences?

The inspector asked Metro VN to adjust losses, reduce deductions and collect a total of 507 billion dong.

Big C: According to Vietnam's regulations, the deadline for submitting tax declaration dossiers is the 10th day from the date the parties agree to transfer capital. According to the tax authority, it is estimated that the amount of tax collected from the BigC transfer is about 3,600 billion VND.

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1. Adidas is one of the big FDI companies suspected of tax fraud thanks to associated transactions. In 2014, Adidas had suspected of tax evasion due to the continuously losses although it is one of the biggest brand in the Vietnam market.

2. Adidas Vietnam operates under a business license that is a wholesale distribution right, but the list of expenses of this business shows many costs of a retail business, such as the cost of supporting home supplies, retail, international marketing, region management fee, purchase commission and especially, Adidas Vietnam is not a manufacturer, but incurs payment to Adidas AG Company for a royalty fee of 6%, international marketing costs 4% of net sales for the products sold and also the value of the licensed product.

In addition, Adidas Vietnam also has to pay the purchase commission for Addias International Trading B.V, at the rate of 8.25% of the value of each transaction. In addition, under the Southeast Asia service contract between Adidas Singapore and Adidas Vietnam, Adidas Singapore and its local subsidiaries, including Adidas Vietnam, provide a service and agree to collect related fees.

3. It is because there are too many input intermediary costs that cause the import price of Adidas products in Vietnam market to be unreasonable, making Adidas Vietnam always fall into a state of loss and did not have to pay CIT.

However, the inspection results did not confirm that Adidas evaded taxes; therefore, there was no fines for Adidas.

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1. Brief introduction about Habeco
Year founded: 1958
Headquarter: Ngo Que Lam (Director)
Product: Bear and Wine.
2. How the company illegally reduced their tax payable?
- Producing and selling beer to its subsidiary, the trading company Habeco. This company does not sell beer immediately to consumers but sells it through another subsidiary controlled by this business at a low price. After that, beer is sold to regional companies, to level 1, level 2, level 3 agents, to restaurants… and then to consumers.
- Export beer to foreign countries. However, only a part of this beer is exported, the rest, the Company sells in the domestic market to earn higher profits. The reason is that due to the policy to encourage the export of beer and alcohol, the State does not levy special consumption tax on this item when exporting, while products sold domestically are subject to a tax rate of up to 45% depending on the period. Therefore, the Company signed a contract to buy beer for export but actually sold it domestically to make a profit from the tax difference.
3. Consequences:
The investigating agency determined that the defendants consumed 48,330 cases of vodka of all kinds and 22,255 cases of Hanoi beer cans domestically to appropriate 13.2 billion VND of special consumption tax, corporate income tax and tax. added value. In which, defendant Nguyen Thi Quynh Trang benefited 1.1 billion dong, defendant Ho Van Hai benefited 600 million dong, Nguyen Thi Kim Hanh benefited 526 million dong... With this act, the defendants Ho Van Hai , Nguyen Thi Kim Hanh was prosecuted for abusing positions and powers while on official duty, and the defendants Hoang Van Xuong, Dinh Thi Minh Hoa, Nguyen Thi Quynh Trang, and Nguyen Thi Thuy were charged with tax evasion and Habeco company must pay back the evaded tax and fine according to regulations
Fines?

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- Brief introduction
Asanzo Group is a manufacturer of air conditioners with a capacity of 90,000 BTU or less (subject to excise tax) with Asanzo stamps and Asanzo branded packaging.
- How the company illegally reduced their tax payable?
- Firstly, keep out of the books, do not issue value added invoices (VAT), in order to evade taxes. Asanzo buys components, is subject to excise tax, but declares that he has purchased finished products for air conditioners.
-Second, illegal use of invoices in which the finished product is recorded as a component.
Third, higher billing for the purpose of tax evasion. The company is mainly led by Asanzo's people to evade taxes, the bill is higher than it actually is. Through bank account verification, transfer directly to Pham Thi Hien, wife of Mr. Tam - Chairman of Asanzo.

- What are the consequences? (Fines)
According to the conclusion on October 23, Ho Chi Minh City Tax Department decided to sanction, the total amount of tax arrears and fines with Asanzo is more than 47.6 billion VND.

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Introduction: Saigon Beer Alcohol Beverage Corporation (Sabeco), formerly known as Saigon Brewery, was established in 1977. Sabeco currently holds 40% of the market share of beer production in Vietnam, distributed throughout the country. and exported to nearly 20 countries around the world.

How they reduced taxable: Sabeco's transfer pricing behavior promotional in under-declaration of tax amounting to VND 408 billion. In detail, Sabeco both produces and distributes beer products. Sabeco produces and sells beer to its subsidiary, Sabeco trading companies. This company does not sell beer immediately to consumers but sells it through another subsidiary controlled by this business at a low price. After that, beer is sold to regional companies, to level 1, level 2, level 3 agents, to restaurants… and then to consumers. Therefore, it is difficult to verify when to determine the excise tax.

Consequences: Sabeco has to pay more than VND 408 billion to the budget due to tax evasion.
Fines?

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1. Brief introduction
Founded in: 1892
Headquarter: Atlanta, Georgia, United State
Product: Soft Drink
2. How the company illegally reduced their tax payable?
The source of Coca-Cola's tax evasion is the use of preferential policies for foreign companies to attract investment. Coca-Cola's total global profit is in the group of annual growth, but in Vietnam it operates inefficiently and continuously reports losses. One of the reasons for this loss is 'Transfer Pricing' - 'Move in and out', which is tax-optimized from a Group perspective in many countries around the world.
. advertising & promotion expenses without invoices - ad & pro program is not reported to .... Sở Công Thương
3. What are the consequences? (Fines)
Coca-Cola Vietnam Beverage Co., Ltd. had to receive an administrative sanction decision on tax through tax law compliance inspectors with a total amount of more than VND 821.4 billion.

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+ Brief introduction

+ How the company illegally reduced their tax payable?

+ What are the consequences? (Fines)

1.Sabeco

2.Habeco

3.Coca-Cola

4.Adidas

5.Asanzo

6.Metro/ BigC