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WAREHOUSE OF ENTERPRISE MANAGEMENT KNOWLEDGE

Specialized content, carefully edited, compiled and updated by the Expertis Committee

Tax knowledge for directors

  • Tax authorities and the fight against profiteering from value added tax (VAT)
  • Do not leave when being subject to tax enforcement
  • Banks must provide personal banking data to the tax authorities
  • Tax administration for enterprises with associated transactions from 2020
  • Tax obligation when the business is suspended
  • Sanctions for administrative violations on taxes and invoices (from December 05, 12)
  • Knowledge of Tax Administration should know for businesses
  • How businesses make tax planning (Tax Planning)
  • Tax policy: a constant worry of foreign investors
  • Schedule for submitting tax returns 2020
  • Tax administration assignment in Ho Chi Minh City

Knowledge of tax examination - tax settlement

  • Tax authorities and the fight against profiteering from value added tax (VAT)
  • Provision for devaluation of inventory
  • Correct understanding of the time to issue invoices
  • Provisions on tax assessment from 2020
  • Are royalties subject to contractor tax
  • Tax examination procedures are issued by the General Department of Taxation
  • Reasonable and valid expenses are deductible when the enterprise makes tax finalization

Knowledge of related transactions

  • Tax strictly controls associated transactions against transfer pricing: What should Vietnamese enterprises do?
  • Declare associated transactions for businesses in Vietnam
  • Transfer pricing: Vietnamese enterprises are careful to collect tax arrears
  • Guide on Affiliate Transactions for Enterprises in Vietnam
  • Affiliate transactions (transfer pricing) – Part 4: guidance on declarations and records
  • Affiliate transactions (transfer pricing) – Part 3: Classification of associated transactions and the principle that the substance determines the form
  • Affiliate transactions (transfer pricing) – Part 2: Transfer pricing methods of multinational companies in Vietnam
  • Affiliate transactions (transfer pricing) – Part 1: Tax basis and profit transfer
  • Tax administration for enterprises with associated transactions from 2020
Legal regulations on affiliate transactions (Transfer pricing)
  • Circular 45/2021/TT-BTC guiding the application of APA in tax administration for enterprises with associated transactions
  • Official Dispatch 271/TCT-TTKT introducing new contents of Decree 132/2020/ND-CP on tax administration for enterprises with associated transactions
  • Appendices of Decree 132/2020/ND-CP on related-party transactions
  • Decree 132/2020 / ND-CP on tax administration applicable to enterprises with associated transactions
  • Official Letter 2835/TCT-TTKT guiding the implementation of Decree 68/2020/ND-CP issued by the General Department of Taxation
  • Decree 68/2020/ND-CP amending and supplementing Decree 20/2017/ND-CP on tax administration for enterprises with associated transactions
  • Circular 41/2017/TT-BTC guiding the implementation of Decree 20/2017/ND-CP stipulating tax administration for enterprises with associated transactions
  • Decree 20/2017 / ND-CP on tax administration applicable to enterprises with associated transactions

Tax law provisions

  • Decree No. 15/2022/ND-CP stipulating tax exemption and reduction under Resolution 43/2022/QH15
  • Identify tax incentives for software
  • Circular 19/2021/TT-BTC guiding electronic transactions in the tax field
  • Regulations on Consolidation of legal documents and how to use Consolidated documents
Tax Administration
  • Circular 80/2021/TT-BTC guiding tax administration from January 01, 01
  • Circular 78/2021/TT-BTC on invoices and documents
  • Official Letter 6770/CTTPHCM-KK on filing tax returns during the implementation of Directive 16/CT-TTg
  • Circular 31/2021/TT-BTC on risk management in tax administration
  • Circular 105/2020/TT-BTC dated December 03, 12 guiding tax registration
  • Decree 126/2020 / ND-CP guiding the Law on Tax Administration 2019
  • Law on Tax Administration 2019 (Law No. 38/2019/QH14)
  • Circular 119/2014/TT-BTC amending the application of tax declaration by deduction method
V.a.t tax
  • Decree No. 15/2022/ND-CP stipulating tax exemption and reduction under Resolution 43/2022/QH15
  • Reducing VAT from 10% to 8% in 2022 (From February 01 – Detailed application instructions)
  • Circular 43/2021/TT-BTC supplementing medical instruments and equipment subject to VAT rate of 5%
Corporate income tax
  • Circular 71/2021/TT-BTC providing guidance on corporate income tax for establishments carrying out socialization that have not yet been collected according to Resolution 63/NQ-CP dated May 25, 5
  • Costs related to Covid are included in business expenses and not included in personal income taxable income
  • Decision 29/2021/QD-TTg on special investment incentives
  • Decree 57/2021/ND-CP on corporate income tax incentives for projects producing supporting industry products
  • Circular 03/2021/TT-BTC guiding the CIT exemption and reduction for science and technology enterprises
personal income tax
  • Changes in the way to calculate PIT in 2022
  • Legal regulation system of personal income tax
Receipts
  • From July 01, 07, all outstanding invoices (not yet converted to e-invoices) have expired
  • Official Dispatch 5113/TCT-CS guiding some contents about e-invoices
  • Official Letter 4144/TCT-CS General Department of Taxation introduces new contents in Circular 78/2021/TT-BTC guiding invoices and documents
  • The process of managing electronic invoices issued by the General Department of Taxation
  • Decree No. 123/2020 / ND-CP on invoices and documents
  • Circular 88/2020/TT-BTC amending and supplementing Article 26 of Circular 68/2019/TT-BTC
  • Circular 68/2019/TT-BTC guiding Decree 119/2018/ND-CP on e-invoices when selling goods and providing services
  • Consolidated document 11/VBHN-BTC in 2018 guiding the implementation of Decree 51/2010/ND-CP and 04/2014/ND-CP on invoices for selling goods and providing services
  • Circular 39/2014/TT-BTC guiding the implementation of Decree 51/2010/ND-CP and Decree 04/2014/ND-CP stipulating invoices for selling goods and providing services
  • Decree 04/2014/ND-CP amending and supplementing a number of articles of Decree No. 51/2010/ND-CP dated May 14, 05 regulating invoices for selling goods and providing services
  • Decree 51/2010 / ND-CP on invoices for selling goods and providing services
Penalties for administrative violations of tax and invoices
  • Decree 102/2021/ND-CP on penalties for administrative violations in the fields of taxation, invoices, accounting and auditing
  • Decree 125/2020/ND-CP stipulating penalties for administrative violations on taxes and invoices
Extension, tax exemption and reduction due to Covid-19
  • Decree 34/2022/ND-CP extending payment of VAT, CIT and PIT in 2022
  • Resolution 11/NQ-CP on tax payment extension 2022
  • Resolution 43/2022/QH15 on fiscal and monetary policies to support the socio-economic recovery and development program
  • Decree 92/2021/ND-CP guiding Resolution 406/NQ-UBTVQH15 on tax exemption and reduction
  • Official Letter 3887/TCT-CS on business support and sponsorship for COVID-19 prevention and control activities
  • Decree 52/2021/ND-CP extending the deadline for payment of VAT, CIT, PIT and land rent in 2021 (Due to Covid-19)
  • Decree 41/2020/ND-CP Extension of deadlines for payment of VAT, CIT, PIT and land rent (Due to Covid-19)

Updating tax events news

  • Notes for individuals and businesses when finalizing taxes in 2021
  • Necessary documents and deadline for personal income tax finalization in 2022
  • Is it necessary to declare tax when there is no personal income tax?
  • Will there be a penalty for not finalizing personal income tax in 2022?
  • Decree No. 15/2022/ND-CP stipulating tax exemption and reduction under Resolution 43/2022/QH15
  • Reducing VAT from 10% to 8% in 2022 (From February 01 – Detailed application instructions)
  • Manage input and output information of businesses and individuals through electronic invoices
  • Transfer pricing: Vietnamese enterprises are careful to collect tax arrears
  • If I do not generate income, do I have to declare PIT?
  • Tax risk assessment and key monitoring of taxpayers from July 02, 07
  • Guide to PIT finalization in 2020
  • Exemption or reduction of corporate income tax for science and technology enterprises
  • Schedule for filing all kinds of tax returns for 2021
  • New regulations on tax declaration for businesses from December 12
  • New point of Decree 126 / ND-CP on tax administration is applicable from December 05, 12
  • Carefully get penalized with Provisional Corporate Income Tax
  • Banks must provide personal banking data to the tax authorities
  • Increased penalties for administrative violations of taxes and invoices from December 05, 12
  • Tax administration for enterprises with associated transactions from 2020
  • Not required to use e-invoices from 01/11/20
  • Cases of wrong electronic invoicing need to be handled
  • Decree 114/2020 / ND-CP guiding the implementation of tax reduction of 30% of CIT payable by 2020
  • Official Letter 3867 / TCT-KK in 2020 regarding refund of overpaid value-added tax due to incorrect payment
  • 3867 / TCT-KK on overpaid VAT refund
  • Guide to properly implement tax policies for advertising activities on Facebook, Google
  • Official Letter 2578 / TCT-CS dated 23/6/2020 on the time required to use e-invoices
  • Official Letter 3529 / TCT-KK on refunded VAT policy for investment projects that are terminated
  • Official Letter 3185 / TCT-HTQT 2020 on withholding tax paid abroad from tax payable in Vietnam
  • Official Letter 2668 / TCT-CS in 2020 on value added tax policy for enterprises when transformed into export processing enterprises issued by the General Department of Taxation
  • 9 new points to know about the Tax Administration Law 2019 (effective from July 01, 07)
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  • Changes in the way to calculate PIT in 2022

Changes in the way to calculate PIT in 2022

Category
  • How to calculate PIT for resident individuals
    • Individuals signing labor contracts of more than 3 months
    • Failing to sign a labor contract or sign a labor contract for less than 3 months
    • How much salary is taxable?
  • How to calculate PIT for non-resident individuals
    • Having income in Vietnam
    • Earning at the same time in Vietnam and abroad

Personal income tax (PIT) is an amount that people earning income from wages and salaries must partially deduct to pay into the state budget in accordance with law. Individuals who have income from wages and salaries in Vietnam, whether residing or not residing in Vietnam, are obliged to pay personal income tax. However, each object has a different way of accumulating income tax.

How to calculate PIT for resident individuals #

Resident is an individual who has a regular place of residence in Vietnam, has a regular place of residence according to the regulations on residence, has a rented house to live in in accordance with the law, with a rental term from 183 days in the year. years or for 12 consecutive months from the first day of presence in Vietnam, the arrival and departure date is counted as 1 day. For individuals with a place of residence, the income tax calculation shall be divided into individuals with labor contracts (labor contracts) of more than 3 months and less than 3 months.

Individuals signing labor contracts of more than 3 months #

If an individual signs a labor contract for 3 months or more, personal income tax is calculated:

Personal income tax payable = Taxable income x Tax rate

In which:

  • Taxable income

Taxable income = Taxable income – Deductions 

        = (Total Income – Exemptions) – Deductions

Tax-free income includes:

  • The difference in wages due to night work or overtime compared to hourly wages as prescribed by law.
  • Incomes from salaries and wages of Vietnamese seafarers working for international carriers.

Family circumstances deductions are:

  • Discount 11 million VND/month for taxpayers themselves (132 million VND/year).
  • Discount 4,4 million VND/month/person for dependents.

In addition, insurance contributions, voluntary retirement funds, charitable contributions, study promotion and humanitarian contributions are also deducted.

  • Tax:

Tax rates for individuals signing labor contracts of 3 months or more are applied according to each tax level, specifically:

tax bracket

Taxable income/year

(million dong)

Taxable income/month

(million dong)

Tax(%)

1Go to 60Go to 55
2On 60 to 120On 5 to 1010
3On 120 to 216On 10 to 1815
4On 216 to 384On 18 to 3220
5On 384 to 624On 32 to 5225
6On 624 to 960On 52 to 8030
7On 960On 8035

 

When the taxable income and tax rate are known, there will be 2 tax calculation methods to calculate the payable tax amount:

Method 1: The method of calculating the amount of tax payable by each tax level and then adding the total, also known as the progressive method.

Method 2: The reduction method is clearly stated in the following table:


Step

 

Assessable income / month

(million dong)


Tax(%)
Calculate tax payable
Option 1Option 2
1 Go to 550 million VND + 5% TNT

5% of assessable income

2On 5 to 1010VND 0,25 million + 10% TNTT over VND 5 million10% of assessable income - 0,25 million VND
3On 10 to 1815VND 0,75 million + 15% TNTT over VND 10 million15% of assessable income - 0,75 million VND
4On 18 to 3220VND 1,95 million + 20% TNTT over VND 18 million20% of assessable income - 1,65 million VND
5On 32 to 5225VND 4,75 million + 25% TNTT over VND 32 million25% of assessable income - 3,25 million VND
6On 52 to 8030VND 9,75 million + 10% TNTT over VND 52 million30% of assessable income - 5,85 million VND
7On 8035VND 18,15 million + 35% TNTT over VND 80 million35% of assessable income - 9,85 million VND

 

Failing to sign a labor contract or sign a labor contract for less than 3 months #

If a resident signs a labor contract for less than 3 months, or does not sign a labor contract but has a total income of 2 million VND/time or more, according to Point i, Clause 1, Article 25 of Circular 111/2013/TT-BTC, must withhold tax at the rate of 10% on income (deduct always before paying). If the case is eligible and makes a commitment according to Form 08/CK-TNCN, there is no need to deduct tax.

The payable tax amount in case of failure to sign a labor contract or a labor contract of less than 3 months is calculated as follows:

Personal income tax payable = 10% x Total income before payment

Guide to calculating personal income tax

How much salary is taxable? #

Individuals without dependents must pay tax when the salary is over 11 million VND/month.

Individuals with one dependent shall pay tax when the salary is over 15,4 million VND/month.

Individuals with two dependents shall pay tax when the salary is over 19,8 million VND/month.

Individuals with three dependents shall pay tax when the salary is over 24,2 million VND/month

In short, each dependent will be exempted and reduced by 4,4 million VND, so individuals will pay tax when the income from salary is greater than 11 million + 4.4 million x number of dependents.

The above income is the income from salary and wages after deducting the following:

– The prescribed insurance payment, voluntary retirement fund, charity, humanitarian…

– Income tax exemption.

– Non-taxable items such as allowances, allowances, clothes, lunches, etc.

How to calculate PIT for non-resident individuals #

Taxable income of a non-resident individual is income arising in Vietnam, regardless of where the income is paid and received.

Having income in Vietnam #

For non-resident individuals earning incomes from salaries and wages in Vietnam, personal income tax is calculated according to the following formula:

PIT = Taxable income from salary and wages x 20%

In which:

The taxable income of a non-resident individual is determined to be the same as the PIT taxable income of a resident individual.

The time when organizations and individuals pay income to taxpayers is the time to determine taxable income. Particularly, the time to determine taxable income for insurance premiums is the time when the insurance enterprise or intellectual fund management company pays the insurance.

Calculation of PIT for non-resident individuals

Earning at the same time in Vietnam and abroad #

For individuals who earn VND from salary and wages at the same time in Vietnam and abroad but cannot separate the income, personal income tax is calculated according to the formula.

Foreign individuals not present in Vietnam:

Total income generated in Vietnam = (Number of working days for work in Vietnam / Total number of working days in a year) x Income from global wages and salaries (before tax) + Other taxable income (before tax) arising in Vietnam.

The total number of working days in a year is calculated according to the regime prescribed in Vietnam.

For individuals who are foreigners present in Vietnam:

Total income generated in Vietnam = (Number of days present in Vietnam / 365 days) x Income from global wages and salaries (before tax) + Other taxable income (before tax) arising in Vietnam Male.

Other taxable income (before tax) arising in Vietnam is the benefits that the employee enjoys in addition to the salary or wages paid or paid by the employer on behalf of the employee.

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Updated on April 4, 2022
Legal regulation system of personal income tax

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Category
  • How to calculate PIT for resident individuals
    • Individuals signing labor contracts of more than 3 months
    • Failing to sign a labor contract or sign a labor contract for less than 3 months
    • How much salary is taxable?
  • How to calculate PIT for non-resident individuals
    • Having income in Vietnam
    • Earning at the same time in Vietnam and abroad
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