What types of income are subject to personal income trực tiếp bóng đá k+ withholding in Vietnam?
What types of income are subject to personal income trực tiếp bóng đá k+ withholding in Vietnam?
According to Clause 2, Article 28 ofDecree 65/2013/ND-CP, the types of income subject to personal income trực tiếp bóng đá k+ withholding include:
(1) Income of non-resident individuals, including cases not physically present in Vietnam;
(2) Income from wages, salaries, and remuneration, including brokerage remuneration;
(3) Income of individuals from activities as insurance agents, lottery agents, or multi-level marketing;
(4) Income from capital investment;
(5) Income from the transfer of capital by non-resident individuals, or securities trading;
(6) Prize winnings;
(7) Income from royalties;
(8) Income from franchising.
What types of income are subject to personal income trực tiếp bóng đá k+ withholding in Vietnam? (Image from the Internet)
What methods are available for personal income trực tiếp bóng đá k+ withholding for employees in Vietnam?
According to Point b, Point i, Clause 1, Article 25 ofCircular 111/2013/TT-BTC(amended by Clause 1, Article 20 ofCircular 92/2015/TT-BTC), which provides guidance on withholding trực tiếp bóng đá k+ for income from salaries, wages of employees, businesses shall withhold personal income trực tiếp bóng đá k+ for employees through the following three methods:
(1) Withholding trực tiếp bóng đá k+ according to the Progressive trực tiếp bóng đá k+ Rate Schedule, applies to:
- Resident individuals signing labor contracts from three (03) months or more (including cases where individuals sign contracts of three (03) months or more at multiple places);
For resident individuals who sign labor contracts from three (03) months or more but cease working before the termination of the labor contract, the organization or individual paying income shall still withhold trực tiếp bóng đá k+ according to the Progressive trực tiếp bóng đá k+ Rate Schedule.
- Foreign individuals working in Vietnam, the organization or individual paying income shall base on the working period in Vietnam of the taxpayer recorded in the contract or document assigning the work to temporarily withhold trực tiếp bóng đá k+ according to the progressive rate schedule (for individuals working in Vietnam for 183 days or more in the trực tiếp bóng đá k+ year).
(2) Withholding trực tiếp bóng đá k+ according to the Flat trực tiếp bóng đá k+ Rate Schedule, applies to foreign individuals working in Vietnam for less than 183 days in the trực tiếp bóng đá k+ year.
The organization or individual paying income shall base on the working period in Vietnam of the taxpayer recorded in the contract or document assigning the work to implement withholding.
(3) Withholding trực tiếp bóng đá k+ at the rate of 10% on income before payment to the individual, applies to:
- Resident individuals not signing labor contracts (as guided at Point c, d, Clause 2, Article 2 ofCircular 111/2013/TT-BTC) or signing labor contracts under three (03) months with a total income of two million (2,000,000) VND or more per payment, must withhold trực tiếp bóng đá k+ at 10% on income before payment to the individual.
Notefor this case, if an individual has only one source of income subject to withholding at the aforementioned rate but estimates the total taxable income after family allowance deduction is not taxable, the individual should make a commitment (based on the form attached to trực tiếp bóng đá k+ management guidance documents) to send to the income-paying organization for them to temporarily refrain from withholding personal income trực tiếp bóng đá k+.
Based on the commitment of the income recipient, the income-paying organization will not withhold trực tiếp bóng đá k+. At the end of the trực tiếp bóng đá k+ year, the income-paying organization must compile a list and income details of individuals not subject to withholding (using the form attached to trực tiếp bóng đá k+ management guidance documents) and submit it to the trực tiếp bóng đá k+ authority. Individuals making commitments are responsible for their commitments, and any detected fraud will be handled according to the current Law on trực tiếp bóng đá k+ Administration.
Is it necessary to submit a trực tiếp bóng đá k+ declaration if there is no personal income trực tiếp bóng đá k+ withholding in Vietnam?
Based on Clause 3, Article 7 ofDecree 126/2020/ND-CPsupplemented by Clause 2, Article 1 ofDecree 91/2022/ND-CP, the cases where it is unnecessary to submit a personal income trực tiếp bóng đá k+ declaration are prescribed as follows:
trực tiếp bóng đá k+ Declaration Dossier
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3. Taxpayers are not required to submit trực tiếp bóng đá k+ declaration dossiers in the following cases:
a) Taxpayers only engage in activities or business not subject to trực tiếp bóng đá k+ according to trực tiếp bóng đá k+ law for each type of trực tiếp bóng đá k+.
b) Individuals have income exempted from trực tiếp bóng đá k+ according to the Personal Income trực tiếp bóng đá k+ Law and the provisions at Point b, Clause 2, Article 79 of the Law on trực tiếp bóng đá k+ Administration, except for individuals receiving inheritances or gifts of real estate; transferring real estate.
c) Export processing enterprises only have export activities and are not required to submit VAT declaration dossiers.
d) Taxpayers temporarily cease operations or business as prescribed in Article 4 of this Decree.
e) Taxpayers filing to terminate trực tiếp bóng đá k+ identification number efficacy, excluding cases of terminating activities, terminating contracts, reorganizing enterprises according to Clause 4, Article 44 of the Law on trực tiếp bóng đá k+ Administration.
f) Individuals or organizations declaring personal income trực tiếp bóng đá k+ on behalf of others on a monthly or quarterly basis, and in such months or quarters, there is no occurrence of personal income trực tiếp bóng đá k+ withholding for the income recipient.
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Simultaneously, Clause 1, Article 25 ofCircular 111/2013/TT-BTCdefines withholding trực tiếp bóng đá k+ as the activity of the organization or individual paying income in deducting the trực tiếp bóng đá k+ amount payable from the income of the taxpayer before payment.
Thus, according to the aforementioned regulations:
- In any month/quarter where personal income trực tiếp bóng đá k+ withholding occurs, a personal income trực tiếp bóng đá k+ declaration must be submitted.
- In any month/quarter where personal income trực tiếp bóng đá k+ withholding does not occur, a declaration is not required.
