Tax
Circular No.111/2013/TT-BTC on PIT

Circular No.111/2013/TT-BTC on PIT

Update: 2/6/2017 | 10:22:22 AM - Dragon Law Firm

Dragon Law Firm provides this Circular to support in Personal Income Tax.

MINISTRY OF FINANCE
-------

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

No. 111/2013/TT-BTC

Hanoi, August 15, 2013

 

CIRCULAR

ON THE IMPLEMENTATION OF THE LAW ON PERSONAL INCOME TAX, THE LAW ON THE AMENDMENTS TO THE LAW ON PERSONAL INCOME TAX, AND THE GOVERNMENT'S DECREE NO. 65/2013/NĐ-CP ELABORATING A NUMBER OF ARTICLES OF THE LAW ON PERSONAL INCOME TAX AND THE LAW ON THE AMENDMENTS TO THE LAW ON PERSONAL INCOME TAX

Pursuant to the Law on Personal income tax No. 04/2007/QH12 dated November 21, 2007;

Pursuant to the Law on the amendments to the Law on Personal income tax No. 26/2012/QH13 dated November 22, 2012;

Pursuant to the Law on Tax administration No. 78/2006/QH11 dated November 29, 2006;

Pursuant to the Law on the amendments to the Law on Tax administration No. 21/2012/QH13 dated November 20, 2012;

Pursuant to the Government's Decree No. 65/2013/NĐ-CP dated June 27, 2013 elaborating a number of articles of the Law on Personal income tax and the Law on the amendments to the Law on Personal income tax;

Pursuant to the Government's Decree No. 83/2013/NĐ-CP dated June 22, 2013 elaborating a number of articles of the Law on Tax administration and the Law on the amendments to the Law on Tax administration;

Pursuant to the Government's Decree No. 118/2008/NĐ-CP dated November 27, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

At the request of the Director of the General Department of Taxation;

The Minister of Finance provides guidance on the implementation of the Law on Personal income tax, the Law on the amendments to the Law on Personal income tax, and the Government's Decree No. 65/2013/NĐ-CP elaborating a number of articles of the Law on Personal income tax and the Law on the amendments to the Law on Personal income tax:

Chapter 1.

GENERAL PROVISIONS

Article 1. Taxpayers

Taxpayers are residents and non-residents according to Article 2 of the Government's Decree No. 65/2013/NĐ-CP elaborating a number of articles of the Law on Personal income tax and the Law on the amendments to the Law on Personal income tax (hereinafter referred to as the Decree No. 65/2013/NĐ-CP) and earn taxable incomes according to Article 3 of the Law on Personal income tax and Article 3 of the Decree No. 65/2013/NĐ-CP.

Determination of taxable incomes earned by taxpayers:

Taxable incomes earned by residents are the incomes earned within or outside Vietnam’s territory, regardless of locations or payment and receipt.

Taxable incomes earned by non-residents are the incomes earned within Vietnam’s territory, regardless of the location of payment and receipt.

...

Download here

 

Article 29. Effects

1. This Circular takes effect on October 01, 2013.

The regulations on personal income tax in the Law on the amendments to the Law on Personal income tax, and the Decree No. 65/2013/NĐ-CP from the effective date of the Law and Decree (July 01, 2013).

The guidance on personal income tax in the Circular No. 84/2008/TT-BTC dated September 30, 2008, Circular No. 10/2009/TT-BTC dated January 21, 2009, Circular No. 42/2009/TT-BTC dated March 09, 2009, Circular No. 62/2009/TT-BTC dated March 27, 2009, Circular No. 161/2009/TT-BTC dated August 12, 2009, Circular No. 164/2009/TT-BTC dated August 13, 2009, Circular No. 02/2010/TT-BTC dated January 11, 2010, Circular No. 12/2011/TT-BTC dated January 26, 2011, Circular No. 78/2011/TT-BTC dated June 08, 2011, Circular No. 113/2011/TT-BTC dated August 04, 2011 of the Ministry of Finance are abolished.

2. The guidance on personal income tax that are provided by the Ministry of Finance before this Circular takes effect and at odds with the guidance in this Circular are abolished.

Article 30. Responsibility to implement

1. The Law on Tax administration and its guiding documents shall apply to other contents related to tax administration that are not guided in this Circular.

2. The issues and difficulties pertaining to personal income tax that arise before January 01, 2013 shall comply with the effective guiding documents at that time.

3. The application of taxable income rate to the business persons guided in Article 8 of this Circular shall be implemented from January 1, 2014.

4. For the contracts to sell floors, contribute capital to obtain the right to buy floors, houses, and apartments that are signed before the effective date of the Government's Decree No. 71/2010/NĐ-CP dated June 23, 2010 elaborating and providing guidance on the implementation of the Law on Housing, and allowed to be transferred by the investors, tax shall be declared and paid similarly to transferring future houses.

5. If the person receives a land before January 01, 2009, applies for and issued with the certificate of rights to use land, ownership of houses and other property on land, only the personal income tax on the last transferred is paid. The tax on the previous transferred shall not be collected.

From January 01, 2009 when the Law on Personal income tax takes effect, the person that transfers real estate under a notarized contract or handwritten agreement shall pay personal income tax on the each transfer.

6. The persons eligible for personal income tax incentives before the Law on the amendments to the Law on Personal income tax takes effect are still eligible for such incentives for the remaining period.

7. When Socialist Republic of Vietnam signs International Agreements of which the regulations are different from this Circular, such the regulations of such International Agreements shall apply.

Organizations and individuals are recommended to report the difficulties that arise during the implementation to the Ministry of Finance (the General Department of Taxation) for consideration and settlement./.

 

 

 

PP THE MINISTER
DEPUTY MINISTER


Do Hoang Anh Tuan

Download
Other News

Law on Enterprises 2020

Law on Enterprises 2020

Vietnamese Law on Eterprises no. 59/2020/QH14

Circular No.143/2016/TT-BTC on Representative Office for Foreign Traders ...

Circular No.143/2016/TT-BTC on Representative Office for Foreign Traders ...

This Circular deals with regulations on payers, collectors, fees for processing of applications for the license to establish representative offices of foreign trade promotion organizations or foreign traders in Vietnam, and the collection and transfer thereof.

Decision for Management Codes and Bar Codes 2002

Decision for Management Codes and Bar Codes 2002

The Prime Minister provides the contents of the State management over numeral codes and bar codes ...

Law on Bankruptcy 2014

Law on Bankruptcy 2014

This Law regulates the procedure for submitting, receiving petitions, initiating bankruptcy process; the asset liabilities and measures for asset preservation ...

Decree No.96/2015/ND-CP on Guidelines for Articles of Law on Enterprise

Decree No.96/2015/ND-CP on Guidelines for Articles of Law on Enterprise

This Decree applies to enterprises, agencies, organizations, and individuals prescribed in Article 2 of the Law on Enterprises ...

Code on Civil Procedure 2015

Code on Civil Procedure 2015

The Civil Procedure Code provides for the basic principles in civil proceedings; the order and procedures for initiating lawsuits at People’s Court to settle cases of civil, marriage and family, business, trade and labor ...

Decree No. 35/2006/ND-CP about franchising

Decree No. 35/2006/ND-CP about franchising

This Decree details the provisions of the Commercial Law 2005 on franchising.

Decree No.44/2013/ND-CP Detailing Implementation of a Number of Articles of Labor Code Regarding Labor Contracts

Decree No.44/2013/ND-CP Detailing Implementation of a Number of Articles of Labor Code Regarding Labor Contracts

This Decree details the implementation of the Labor Code regarding participation in compulsory social insurance, unemployment insurance and medical insurance of employees when enter into labor contracts with many employers; content of labor contracts applied to employees who are hired to do as directors in enterprises with capital contributed by the State; the orders of and procedures for announcement of invalid labor contracts of labor inspectorate and handling of invalid labor contracts.

Decree No.105/2006/ND-CP on Protection of IP Rights and State Management on IP

Decree No.105/2006/ND-CP on Protection of IP Rights and State Management on IP

This Decree details and guides a number of articles of the Law on Intellectual Property on protection of intellectual property rights, including identification of acts, nature and extent of infringement of intellectual property rights ...

Decree No.10/2015/ND-CP on Giving Birth in Vitro Fertilization and Conditions for Altruistic Gestational Surrogacy

Decree No.10/2015/ND-CP on Giving Birth in Vitro Fertilization and Conditions for Altruistic Gestational Surrogacy

This Decree prescribes the donation and receipt of sperm, eggs and embryos; competence and procedures for licensing medical examination to perform in vitro fertilization ...

Back To Top