Chương III Thông tư 92/2015/TT-BTC: Một số nội dung sửa đổi, bổ sung khác về thuế thu nhập cá nhân

Chapter III

AMENDMENTS TO OTHER REGULATIONS ON PERSONAL INCOME TAX

Article 11. Amendments to Article 2 of Circular No. 111/2013/TT-BTC dated August 15, 2013 on guidelines for the Law on Personal income tax and Law on amendments to the Law on Personal income tax and the Government's Decree No. 65/2013/NĐ-CP on guidelines for some Articles of 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):

1. Point b.9 Clause 2 Article 2 is amended as follows:

“b.9) Lump-sum benefits for the persons reassigned to the areas facing extreme economic and social difficulties, lump-sum supports for officers working for sovereignty over sea and islands as prescribed by law. Lump-sum moving allowances for foreigners that move and reside in Vietnam and Vietnamese people that go to work abroad, and Vietnamese people that have long-term residence overseas then go back to work in Vietnam.”

2. Point dd.1 Clause 2 Article 2 is amended as follows:

Payments for housing, electricity, water supply and associated services (if any), not including: benefits in terms of housing, electricity, water supply, and associated services (if any) of housing built by the employer for serving employees in industrial parks free of charge; housing built by the employer in disadvantaged areas and extremely disadvantaged areas that is provided free of charge for employees working therein.

If the person stays at the workplace, the taxable income depends on the house rent or depreciation expense, payments for electricity, water supply, and other services according to the ratio of area that person uses to the total area of the workplace.

The house rent, payment for electricity and water supply, and payment for associated services (if any) paid by the employer on behalf of the employee shall be included in taxable income according to the actual amount paid on behalf of employees. Nevertheless, the amount must not exceed 15% of the total taxable income (excluding house rent, payment for electricity, water supply, and associated services (if any)) earned at the workplace regardless of income payer.”

3. Point dd.2 Clause 2 Article 2 is amended as follows:

“dd.2) The life insurance premiums, premiums of other optional insurance with accrual of premiums, voluntary pension insurance premiums or contributions to the voluntary pension fund paid on the worker’s behalf.

If the employer buys optional insurance without accrual of premiums for employees (including insurance of insurers that are not established under Vietnam’s law but permitted to sell insurance in Vietnam), such premiums shall not be included in taxable income of employees. Optional insurance without accrual of premiums are insurance products such as: health insurance, death insurance (except for death insurance with refund policy), etc. from which policyholders do not receive the accrued amount of premiums apart from the insurance payout or indemnities paid by the insurer under insurance policies.”

4. Point dd.5 Clause 2 Article 2 is amended as follows:

“dd.5) The expenditure on shuttling employees is not included in taxable incomes of employees according to rules and regulations of the employer.”

5. Point g.10 is added to Clause 2 Article 2 as follows:

“g.10) The amounts given by the income payer for employees’ family affairs shall comply with rules and regulations of the income payer and the guidance on determination of income subject to corporate income tax of instructional documents of the Law on Corporate income tax”

6. Point c Clause 3 Article 2 is amended as follows:

“c) Profits from capital contributions to limited liability companies, partnerships, cooperatives, joint-ventures, business cooperation contracts, and other forms of business under the Law on Enterprises and the Law on Cooperatives; profits from capital contribution in establishment of credit institutions according to the Law on credit institutions, capital contributions to securities investment fund and other investment funds that are established and operated within the law.

Profits from capital investment of private companies and single-member limited liability companies under the ownership of individuals shall not be included in taxable income.”

Article 12. Amendments to Article 3 of Circular No. 111/2013/TT-BTC:

1. Point b.1.2 Clause 1 Article 3 is amended as follows:

“b.1.2) The house or land use right has been possessed for at least 183 days before they are transferred.

The time for determine the house ownership or land use right is the date of the certificate of land use right, ownership of house and other property on land. In case the certificate is reissued or replaced under regulations of law land, the time for determine the house ownership or land use right is the date of the certificate of land use right, ownership of house and other property on land before reissuance or replacement”

2. Point h Clause 1 of Article 3 is amended as follows:

“h) Income from remittances is the amount of money the person receives from their relatives being Vietnamese people residing abroad, Vietnamese people that work or study abroad;

In case a person receives a remittance from a foreign relative from abroad which comply with regulations on encouragement of remittance of money from abroad to Vietnam of the State bank of Vietnam, it will be exempt from tax as prescribed in this Point.

The basis for identifying tax-free incomes mentioned in this Point is papers proving that those amounts are sent from abroad and the payment notes issued by the money-transferring organization (if any).”

3. Point n Clause 1 of Article 3 is amended as follows:

“n) Incomes from indemnities under the contract for life insurance, non-life insurance, or health insurance; compensation for occupational accidents; compensation and support according to regulations of law on compensation, support, and relocation; compensations provided by the State and other compensations prescribed by law.  To be specific:

n.1) Incomes from indemnities under the contract for life insurance, non-life insurance, or health insurance are the money the life insurer, non-life insurer, or health insurer provided for the policyholders according to the concluded insurance contracts.  The basis for identifying such indemnity is the written decision on indemnity made by the insurer or the court and the notes of indemnity payment.

n.2) The income from the compensation for an occupational accident is the money the employee receives from his or her employer or the social insurance fund after suffering from an accident at work. The basis for identifying such compensation is the written decision on compensation made by the employer or the court and the notes of compensation payment.

n.3) Incomes from compensations and supports according to legislation on compensation, support, and relocation are the compensations and supports provided by the State when withdrawing land, including incomes from the compensations and supports provided by economic organizations as prescribed.

The basis for identifying incomes from aforesaid compensations and supports is the decisions on land withdrawal, compensations, and relocation issued by competent authorities, and notes of compensation payment.

n.4) Incomes from compensations provided by the State and other compensations prescribed by regulations of law on compensations provided by the State are the compensations for the wrongful decisions on penalties for administrative violations made by competent persons or competent authorities which infringe the interests of the person; incomes from compensation for the miscarriage of justice during criminal proceedings. The basis for identifying such compensations is the decision made by competent authorities that the organization or individual that makes the wrongful decision to provide compensations and the notes of compensation payment.

n.5) Incomes from off-contract damages prescribed by Civil Code.”

4. Point r is added to Clause 1 of Article 3 as follows:

“r) Incomes from wages and remunerations of Vietnamese crewmembers from working for foreign shipping companies of Vietnamese shipping companies that provide international transport services.”

5. Point s is added to Clause 1 of Article 3 as follows:

“s) Incomes of individuals being ship owners or individuals having the right to use the ships from provision of goods/services directly serving offshore fishing.”

Article 13. Amendments to Article 5 of Circular No. 111/2013/TT-BTC:

“Article 5. Converting taxable income into VND

1. Revenues and incomes subject to PIT are expressed as VND.

Revenues and taxable incomes received in foreign currencies must be converted into VND at the buying rate of the bank where the person opens the transaction account at the time incomes are earned.

In case a taxpayer does not have a transact account in Vietnam, foreign currencies shall be converted into VND at the buying rate of Vietcombank at the time incomes are earned.

The foreign currencies without rates of exchange into VND shall be converted into a foreign currency that has a rate of exchange into VND.

2. Non-cash taxable incomes must be converted into VND at the market prices of such products/services or the similar products/services when the incomes are earned.”

Article 14. Amendments to Article 7 of Circular No. 111/2013/TT-BTC:

1. Point a Clause 4 of Article 7 is amended as follows:

“a) The income converted into assessable income is the actual income received (not including tax-free incomes) plus (+) benefits paid by the employer on behalf of the employee (if any) minus (-) the deductions. If the employer applies presumptive tax or presumptive house rent, the income to be converted into assessable income do not include such presumptive tax and presumptive house rent”. If the amounts paid on behalf of the employees include the house rent, the actual house rent shall be included in the converted income. Nevertheless, the house rent must not exceed 15% of the total taxable income incurred at the workplace regardless of income payer (not including actual house rent and presumptive house rent (if any)).

Formula for calculating converted income:

Where:

- Actual income is the tax-exclusive wages the employee receives every month (exclusive of tax-free income).

- The amounts paid on the employee’s behalf are the benefits in cash or in kind paid to the employee by the employer as instructed in Point dd Clause 2 Article 2 of Circular No. 111/2013/TT-BTC, Clause 2, Clause 3 and Clause 4 Article 11 of Circular No. 92/2015/TT-BTC.

- Deductions include personal deductions, insurance premiums, contributions to the voluntary pension fund, and charitable donations as guided in Article 9 of Circular No. 111/2013/TT-BTC and Circular No. 92/2015/TT-BTC.”

2. Clause 6 of Article 7 is amended as follows:

“6. The basis for calculating accrued premiums of optional insurances is the accrued premiums of life insurance (except voluntary pension insurance) and other optional insurances paid by the employer on behalf of the employee with the deduction rate of 10%.

In case the employer buys life insurance (except voluntary pension insurance) and/or other optional insurances with accrual of insurance premiums for the employee from the insurer(s) established and operating under Vietnam’s law, the employee is not required to include the accrued premiums to taxable income when the employer buys the insurance(s). When the contract matures, the insurer shall deduct 10% tax from the accrual of premiums paid by the employer for the employee from July 01, 2013. In case the premium accrual is paid by instalments, 10% tax shall be deducted from each payment.

In case the employer buys life insurance (except voluntary pension insurance) and/or other optional insurances with accrual of insurance premiums for the employee from the insurer(s) not established and operating under Vietnam’s law, the employer has the responsibility to deduct 10% tax from the premiums before paying the employee.

Insurers the responsibility to monitor premiums of life insurance other optional insurances bought by employers for their employees in order to calculate PIT.”

Article 15. Amendments to Point b Clause 2 Article 9 of Circular No. 111/2013/TT-BTC

“b) Contributions to the voluntary pension fund and payment for voluntary pension insurance

The contributions to the voluntary pension fund and payment for voluntary pension insurance are deducted from the taxable income. Nevertheless, the deduction shall not exceed VND 01 million/month if the employee participates in voluntary pension plans as instructed by the Ministry of Finance, including the amounts paid by the employer on behalf of the employee and the amounts paid by the employee himself/herself, even if employee participates in multiple pension funds. The basis for determination of deductible incomes is photocopies of receipts for payments issued by the voluntary pension fund or insurer.”

Article 16. Amendments to Point a and Point b Clause 2 Article 11 of Circular No. 111/2013/TT-BTC

“a) Assessable income

The assessable income from transferring securities is the price of each transfer.

a.1) Securities transfer price is determined as follows:

a.1.1) The transfer price of securities of a public company traded at the Stock Exchange is the transaction price at the Stock Exchange. The executed price is based on the order matching result of prices from transactions at the Stock Exchange.

a.1.2) The transfer price of securities in cases other than the above is the price written on the transfer contract or actual transfer price or the price in the accounting book transferor when the latest financial statement is made before the time of transfer according to regulations of law on accounting.

b) Tax rate and tax calculation:

Securities transferee shall pay 0.1% tax on the price of each transfer.

Tax calculation:

Article 17. Amendments to Article 12 of Circular No. 111/2013/TT-BTC:

“Article 12. Basis for calculating tax on incomes from real estate transfer

The basis for calculating tax on incomes from real estate transfer is the price of each transfer and tax rate.

1. Transfer price

a) The price of transfer of right to use land without constructions thereon is the price written on the transfer contract at the time of transfer.

If transfer contract does not specify the price or the price written on the transfer contract is lower than the land prices imposed by the People’s Committee of the province at that time, the land price imposed by the People’s Committee of the province at that time shall apply.

b) The price of transfer of right to use land having constructions thereon, including off-the-plan constructions, is the price written on the transfer contract at the time of transfer.

If transfer contract does not specify the land price or the land price written on the transfer contract is lower than the land prices imposed by the People’s Committee of the province at that time, the land price imposed by the People’s Committee of the province at that time shall apply.

In case of transfer of a house associated with land, the value of the house, infrastructure, and architectural works on the piece of land shall be determined according to the prices imposed by the People’s Committee of the province. If prices are not imposed by the People’s Committee of the province, regulations of the Ministry of Construction on classification of houses, standards, basic construction norms, and value of remaining constructions on land shall apply.

For off-the-plan constructions, if the contract does not specify the transfer price of the transfer price is lower than the ratio of capital contribution to total contract value multiplied by (x) land price and price imposed by the People’s Committee of the province, the transfer price shall equal the price imposed by the People’s Committee of the province multiplied by (x) ratio of capital contribution to total contract value. If the People’s Committee of the province has not imposed the unit prices, the rate of construction investment announced by the Ministry of Construction which is applicable when the transfer is made shall apply.

a) The price of transfer of right to lease land/water surface is the price written on the transfer contract at the time of transfer.

If the sublease price written on the contract is lower than the price imposed by the People’s Committee of the province when the sublease is taken, the sublease rent is based on the price list compiled by the People’s Committee of the province.

2. Tax rate

Tax on real estate transfer is 2% of the transfer price or sublease price.

3. Time for taxing real estate transfer is determined as follows:

- If the transfer contract does not require the buyer to pay tax on behalf of the seller, the taxing time is the effective date of the transfer contract as prescribed by law;

- If the transfer contract requires the buyer to pay tax on behalf of the seller, the taxing time is time of registration of the right to own or right to use the real estate. In case the person receives an off-the-plan house or land use right associated with off-the-plan constructions, the taxing time is the time the person submits tax declaration documents to the tax authority.

4. Tax calculation

a) PIT on income from real estate transfer is calculated as follows:

b) In case the transferred real estate in under a co-ownership, the tax liability incurred by each taxpayer is proportional to their portions of real estate ownership. The basis for determining the portion of ownership is legal documents such as the initial capital contribution agreements, the testament, or the decision on division made by the court, etc. If no legitimate documents are provided, the tax liability incurred by each taxpayer shall be evenly divided.”

Article 18. Amendments to Point c Clause 1 Article 15 of Circular No. 111/2013/TT-BTC

"c) Assessable income from betting is the amount of prize in excess of VND 10 million received by the player without any deductions.”

Article 19. Amendments to Article 16 of Circular No. 111/2013/TT-BTC:

1. Point a Clause 1 of Article 16 is amended as follows:

a) The value of inheritance and gifts being securities is the value of securities at the time of registration of ownership transfer. Assessable income from an inheritance or gift being securities is the value of the inheritance or gift in excess of VND 10 million regardless of ticker symbols without any deductions at the time of registration of securities ownership transfer. To be specific:

a.1) The value of securities traded at the Stock Exchange is based on the reference price at the Stock Exchange at the time of registration of securities ownership.

a.2) The value of securities in cases other than the above is based on the book value provided by the corresponding issuer at the time of making the latest financial statement before the time of registration of securities ownership.”

2. Point d Clause 1 of Article 16 is amended as follows:

“d) For inheritance and gifts being other assets of which the right to ownership or right to enjoyment must be registered with regulatory agencies: the value of assets are based on the prices imposed by the People’s Committee of the province at the time the person registers the right to ownership or right to enjoyment of inheritance and gifts.

If the person who receives the inheritance or gift being imported goods has to pay taxes on the import of such goods, the property value subject to PIT is the price imposed by the People’s Committee of the province at the time of registration of right to ownership or right to enjoyment of the property minus (-) taxes paid by the person during the import stage.”

Article 20. Amendments to Article 25 of Circular No. 111/2013/TT-BTC:

1. Point b.4 Clause 1 Article 25 is amended as follows:

“b.4) Insurers have the responsibility to deduct tax on accrual of life insurance premiums paid by the employer on behalf of the employee (except voluntary pension insurance) or other optional insurances with accrual of premiums provided by insurers established and operating under Vietnam’s law. The amount of tax deducted is specified in Clause 2 Article 14 of Circular No. 92/2015/TT-BTC.

Before paying the employee, the employer has the responsibility to deduct tax from the premiums of life insurance or other optional insurances with accrual of insurance bought by the income payer for the employee from insurers not established and operating under Vietnam’s law but permitted to sell insurance in Vietnam. The amount of tax deducted is specified in Clause 2 Article 14 of Circular No. 92/2015/TT-BTC.”

2. Point c Clause 1 Article 25 is amended as follows:

“c) Incomes from operation of insurance agents, lottery agents, and network marketing agents; incomes from lease of property to enterprises and/or business organizations.

Lottery companies, insurers and network marketing companies have the responsibility to deduct PIT before paying agents whose commission is over VND 100 million/year. The amount of tax deducted is specified in Clause 2 Article 9 of Circular No. 92/2015/TT-BTC.

The enterprise or business organization who leases property from a person has the responsibility to deduct VAT and PIT before paying the lessor if the amount paid to the lessor is over VND 100 million/year and the lease contract stipulates that the lessee pays tax on behalf of the lessor. The amount of tax deducted is specified in Clause 2 Article 8 of Circular No. 92/2015/TT-BTC.”