Vietnam’s largest brewery, foreign-owned, refuses to humor taxman

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While Sabeco is still at loggerheads with the taxman over alleged back taxes of $135.73 million, it has not provisioned for it. Its 2018 accounts make no mention of the amount in dispute though the HCMC Tax Department has claimed it owes that in taxes and fines and even tried to seize the money from the company’s bank account. Vietnam’s largest brewer, Saigon Beer Alcohol Beverage Corporation (Sabeco), claims it has accurately declared and paid taxes based on guidance from the Ministry of Finance and tax authorities.
A month ago the department said it would seize VND3.1 trillion ($135.73 million) from the brewery’s bank account for overdue special consumption tax payable between 2007 and 2015 and penalties for administrative violations. But there was reportedly no money in the account.
Le Duy Minh, deputy head of the tax department, said the account has been temporarily blocked.
“We have asked Sabeco to provide details of other bank accounts, but it has not fulfilled that request.”
Sabeco general director Neo Gim Siong Bennett said in a statement on December 30 that Sabeco had not violated any tax regulations.
Thus, the enforcement action by the tax department was a violation of Vietnamese laws since it was taken “without a valid administrative decision” and “contradicts the written guidance issued by the finance ministry, General Department of Taxation and the city department itself.”
Speaking about the dispute, Prime Minister Nguyen Xuan Phuc earlier this month asked the tax authorities to desist from action and wait for related ministries and other agencies to come to a decision.
Mai Tien Dung, Chairman of the Prime Minister’s Office said that government agencies are scrutinizing the case as it involves “foreign elements.”
Sabeco’s revenues last year rose 5 percent to more than VND36 trillion ($1.56 billion) but higher expenses and falling profits at its joint venture and affiliate companies caused its profit after tax to fall by 11 percent to VND4.4 trillion ($191 million).
In December 2017 Thai Beverage acquired a 53.59 percent stake in Sabeco from the Ministry of Industry and Trade for $4.84 billion through a local entity, Viet Beverage (VietBev).
Sabeco now has a 42.8 percent of the beer market, according to the Ho Chi Minh City Securities Corporation. It produced nearly 1.85 billion liters of beer last year.
Questions & Answers
Q.Why has the tax department claimed Sabeco owes a large sum in back taxes and fines?
Why has the tax department claimed Sabeco owes a large sum in back taxes and fines?
The HCMC Tax Department claims the amount is for overdue special consumption tax payable between 2007 and 2015, along with penalties for administrative violations. They tried to seize the money from the company’s bank account last month.
Q.What is Sabeco's stance on the tax dispute?
What is Sabeco's stance on the tax dispute?
Sabeco claims it has accurately declared and paid taxes based on guidance from the Ministry of Finance and tax authorities. Its general director stated the company has not violated any tax regulations.
Q.What action has the Prime Minister taken regarding this dispute?
What action has the Prime Minister taken regarding this dispute?
The Prime Minister asked tax authorities to stop their enforcement actions and wait for related ministries and agencies to reach a decision. The case is being scrutinised due to involving "foreign elements".
Q.What is the financial situation of Sabeco, given its recent performance?
What is the financial situation of Sabeco, given its recent performance?
Sabeco's revenues rose 5 percent to over VND36 trillion last year. However, higher expenses and falling profits at joint venture and affiliate companies caused its profit after tax to fall by 11 percent to VND4.4 trillion.
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