1. Conditions for receiving a personal income tax refund in 2016
- The amount of personal income tax paid is greater than the amount of tax payable in the tax period, or personal income tax has been paid but the taxable income is below the tax threshold, or other cases as decided by a competent state agency.
- The individual already had a tax identification number at the time of requesting the tax refund.
- There is a request for a tax refund.
2. Procedures for receiving a personal income tax refund in 2016
2.1. Tax refund for organizations and individuals paying income who perform tax finalization on behalf of individuals who have authorized them to do so.
In cases where an organization or individual pays income and, after offsetting any overpaid or underpaid taxes of individuals, has an overpaid tax amount, if they request a refund from the tax authorities, the organization or individual paying the income must submit a tax refund application to the tax authority directly managing them. The tax refund application includes:
- Request for refund of state budget revenue using form No. 01/DNHT issued with Circular 156/2013/TT-BTC.
- A copy of the personal income tax payment receipt, signed by the legal representative of the organization or individual paying the income, who takes responsibility for the accuracy of the copy.
2.2. Individuals with income from salaries and wages must directly settle their tax obligations with the tax authorities.
If there is an overpayment of tax, the individual does not have to submit a tax refund application but only needs to record the amount of tax requested for refund in item [47] – “Tax refunded to taxpayer's account” or item [49] – “Total tax offset for future occurrences” in the tax settlement declaration form No. 02/QTT-TNCN issued with Circular 92/2015/TT-BTC when settling tax.
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