Chương III Thông tư 151/2014/TT-BTC: Thuế thu nhập cá nhân

Chapter III

PERSONAL INCOME TAX

Article 11. Point dd.1 Clause 2 Article 2 of Circular No. 111/2013/TT-BTC dated August 15, 2013 of the Ministry of Finance on providing guidance on implementation of the Law on personal income tax, Law on amendments to the Law on personal income tax and Decree No. 65/2013/ND-CP of the Government on providing guidance on the Law on personal income tax and Law on amendments to the Law on personal income tax (hereinafter referred to as Circular No. 111/2013/TT-BTC) shall be amended as follows:  

“dd) Other monetary or non-monetary benefits other than salaries and wages paid to taxpayers by employers in any shape or form:

dd.1) House rents, charges for electricity, water and associated services (if any), not including: benefits from houses provided by the employers for workers working in the industrial zones, economic zones or in disadvantaged or severely disadvantaged areas

In case a worker living at his work place, his/her taxable income shall be calculated according to ratio of his usable area to his work place area according to house rent or depreciation expenses, charges for electricity, water and other services.

The house rent paid by the employer shall be included in taxable income according to the actual amount of money, provided that it does not exceed 15% of total taxable income (not including house rent) of the business.”

Article 12. Point c Clause 2 Article 26 of Circular No. 111/2013/TT-BTC shall be amended as follows:

“c) A resident earns an income from his salaries, wages, or business must make a declaration if there are additional taxes payable or overpaid taxes which claim the tax refund or offset against the tax in the next tax period, except for the following cases:

c.1) A person has tax payable which is smaller than provisionally paid tax, but he does not claim a tax refund or offset against the tax in the next tax period.

c.2) A person or a business household earns an income from their business and has paid taxes using flat tax method.

c.3) A person or a business household who only earns an income from leasing out their houses or lands paid taxes according to their declaration at their leasing houses or lands.

c.4) A person who earns both an income from their salaries or wages from an at least 3-month labor contract with a company and other incomes at other companies provided that it is not more than VND 10 million and his income has been withheld at 10% by his employer, he is only required to make a declaration for that income on request.

c.5) A person who earns both an income from their salaries or wages from an at least 3-month labor contract and other incomes from leasing out his houses or lands provided that his average revenue in a year is not more than VND 10 million paid taxes at their leasing houses or lands, he is only required to make a declaration for that income on request.

c.6) A person who is an insurance agent, a lottery agent, or a multi-level marketing agent whose personal income tax has been withheld by the income payer shall not make a declaration of that income.”

Article 13. Clause 5 Article 30 of Circular No. 111/2013/TT-BTC shall be amended as follows:

“5. With regard to a person using a transferred real estate during the period from July 1, 1994 to before January 1, 2009, if he is granted a Certificate of land use right, house ownership and other property thereon by regulatory agencies according to his application sent from January 1, 2009, he is eligible for paying personal income tax (01) time. If a person using a transferred real estate before July 1, 1994, he is eligible for personal income tax exemption.

From January 1, 2009 (implementation of the Law on personal income tax), every person that transfers real estate, whether under a notarized contract, a handwritten document, or no contract at all, must pay personal income tax on every transfer.”