Personal income tax ("PIT")

System of current legal documents

Luật

1. Law No. 04 / 2007 / QH12 dated 21 month 11 year 2007, Law on Personal Income Tax, takes effect from the date of April 30, 2012, year and year;
2. Law No. 26 / 2012 / QH13 dated 22 month 11 year 2012, Law on amending and supplementing a number of articles of the Law on Personal Income Tax dated effective from date XNXX month 01 year 07.

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Decree

Decree 65 / 2013 / ND - CP dated 27 month 06 year 2013, Detailing a number of articles of the Law on Personal Income Tax and the Law amending and supplementing a number of articles of the Law on Personal Income Tax, effective date from the date of 01 month 07 year 2013.

Circulars

1. Circular 111 / 2013 / TT - BTC dated 15 month 08 year 2013, Guidance on implementation of the Law on Personal Income Tax, effective from April 30, 2013, 01 year of 10;
2. Circular 128 / 2014 / TT - BTC dated 05 month 09 year 2014, Guidance on personal income tax reduction for individuals working in economic zones, takes effect from the date of April 30, 2012, year and year and replacement Circular No. XNXX / 20 / TT-BTC dated 10 month 2014 year 176 of the Ministry of Finance;
3. Circular 92 / 2015 / TT-BTC dated 15 month 06 year 2015, Changing and supplementing a number of articles of personal income tax that will take effect from the date of 30 month 07 year 2015 and applied to the period of income tax calculation from year 2015 onwards;
4. Circular 04 / VBHN - BTC dated 05 02 year 2015, Consolidated documents: Circular 111 / 2013 / TT-BTC, Circular 119 / 2014 / TT-BTC and Circular 151 / 2014 / TT-BTC.
5. Circular No. 25 / 2018 / TT-BTC dated 16 month 3 year 2018 Guideline of Decree No. XNXX / 146 / ND-CP dated April 30, 2013, 2017 year of the year of the Government and amend and supplement some articles of Circular No. 15 / 12 / TT-BTC dated 2017XYYYXYYYYYYYYY OF THE MINISTRY OF FINANCE, Circular No. XNXX / 78 / TT-BTC dated 2014 / 18 / TT-BTC dated 6 month 2014 year 111 of Ministry of Finance

Summary of new text content

Circular 25 / 2018 / TT-BTC, Guidance on Decree No. XNXX / 146 / ND-CP amending Circular No. XNXX / 2017 / TT-BTC, Circular No. XNXX / 78 / TT-BTC

Incomes from securities transfer, including: income from stock transfer, right to buy stocks, bonds, treasury bills, fund certificates and other types of securities as prescribed in Clause 1 Article 6 of the Law on Securities. contract. Incomes from stock transfer of individuals in a joint stock company in accordance with Clause 2 Article 6 of the Law on Securities and Article 120 of the Law on Enterprises.

Some dispatches should be noted

About the place for filing tax finalization (Official Letter No. 740 / TCT-TNCN dated 06 / 03 / 2018 of General Department of Taxation)

In case an individual changes his / her workplace at an organization or individual that pays his / her final income for family circumstances, the individual shall submit a tax finalization dossier to the tax agency managing the organization or individual. pay the final income.

Regarding the sanctioning of administrative violations regarding late submission of declarations (Official Letter No. 740 / TCT-TNCN dated 06 / 03 / 2018 of General Department of Taxation)

In case taxpayers who conduct personal income tax finalization arise tax amounts that are overpaid or refunded for tax amounts arising in the subsequent period but are late in submitting tax finalization declarations according to regulations, they shall not be fined for such violations. administrative violations of tax finalization beyond the time limit.

Personal income tax policy from abroad (Official Letter No. 1827 / TCT-TNCN dated 17 / 05 / 2018 of General Department of Taxation)

In case Mr. Nguyen Van A is an individual residing in Vietnam, receiving income excluding personal income tax (net income) at the Representative Office of the Company in Vietnam and receiving income excluding personal income tax ( Net income) in Company X in a foreign country belonging to the same group in the country which has signed a double tax avoidance agreement with Vietnam, it is allowed to deduct the amount of tax paid abroad collected on the income received at the Company. X. The deducted tax amount does not exceed the payable tax amount calculated according to Vietnam's tax table, distributed to the income generated abroad. The allocation rate is determined by the ratio between the income generated abroad and the total taxable income.

ĐFor benefits (Official Letter No. 1801 / TCT-TNCN dated 16 / 05 / 2018 of General Department of Taxation)

In case the employer pays employees the rental of consulting services or the cost of making a temporary residence card or visa for foreign workers, this income is an income subject to personal income tax. Not included in taxable income for tuition fees for children of foreign workers working in Vietnam studying in Vietnam, children of Vietnamese workers working abroad studying in foreign countries by grade learning from preschool to high school is paid by employers.

Regarding the declaration of income generated in Vietnam for foreigners who come to Vietnam for short-term work, in case of non-resident individuals, organizations and individuals paying income shall withhold personal income tax at the rate of 8%. on income generated in Vietnam, regardless of where to receive and receive income.

How to calculate taxable income from house rent (Official Letter No. 2429 / TCT-TNCN dated 19 / 06 / 2018 by General Department of Taxation)

If the office agrees to pay the employee in the form of salary including tax and other benefits, the office pays for (renting house ...) in the form of salary excluding tax, the office shall convert the other benefits Office pays on behalf of (rent ...) (NET) to taxable income, before determining the rent is included in taxable income as prescribed in Clause 1 Article 14 of Circular No. 92/2014 / TT-BTC dated June 15, 06. Then, the Office synthesizes the rent determined above with the salary (GROSS) that the employee receives to calculate the PIT amount payable by the taxpayer during the period.

Declaring and authorizing personal income tax finalization (Official Letter No. 2249 / TCT-TNCN dated 06 / 06 / 2018 of General Department of Taxation)

In case the foreign worker is an individual residing in Vietnam and earns income from salaries and wages paid by foreign organizations and individuals, he / she shall make tax declaration directly with the tax office on a quarterly basis. At the end of the year, foreign workers who are individuals residing in Vietnam are responsible for self-settling tax. In case the foreign worker is an individual residing in Vietnam only has income from salaries and wages paid by organizations and individuals in Vietnam, he / she may authorize an organization or individual to pay income. tax payment instead.

Tax payment delay during the time of tax payment extension (Official Letter No. 3141 / TCT-TNCN dated 15 tháng 8 năm 2018 of the General Department of Taxation)

During the time of extension of the tax payment time limit, the tax payment delay is not counted for the extended tax amount. Upon the expiry of the tax payment time limit, taxpayers must pay taxes to the state budget. If taxpayers fail to fully pay tax after the expiry of the extended time limit, they will be charged late and subject to enforcement of tax administrative decisions according to regulations.