PERSONAL INCOME TAX (PIT) FINALIZATION Presented by : Finance & Accounting 30 March 2012
Contents Who are subject to PIT finalization? Kinds of PIT & Tax assessment period Preparing tax finalization file Deadline submission
1. Who are subject to PIT finalization? AND 1- Lower tax payment 2- Excess tax refund (optional) 3-Foreigners before getting out of VN Resident individual
1. Who are subject to PIT finalization? Staying in VN(12 consecutive months) >= 183 days Having a residential location Having lease contract (house, hotel..) >=90days Add Your Title OR Residential individual
2. Kinds of PIT and Tax assessment period 1.Salary income 1.Capital investment & transfer 2. Real property transfer 3.Winnings or prizes 4.Royalties or Franchises 5.Inheritances or gift Annual tax assessment period Taxable income Each occasion when income arise 2. Biz income
2. Kinds of PIT & tax assessment period Annual tax assessment period Example : 1)Mr. A came to VN since 02 July 2011 (183 days) Tax assessment year 2011 from 1st Jan to 31st Dec ) Mr. B came to Vn since 3 July 2011 (182 days) * 1st tax assessment year : 3rd July 2011~ 2nd July 2012 * 2nd tax assessment year : 1st Jan 2012 ~ 31 Dec st 2nd 3/7/20112/7/2012 1/1/ /12/2012
3. Preparing tax finalization files 5mil Income Definitions 4.5=5-0.5 (meal allowance) Taxable income (income- non-taxable income) 0.5mil=4.5mil-4mil (personal deduction) Assessable income (Taxable income-deductions) 0.05mil=0.5mil*10% (tax rate) Tax (Assessable income*% tax rate)
3. Preparing Tax finalization files Income : business + salary (wages) Income receivable by employees from employers in monetary or non-monetary forms -Insurance fee which the law doesn’t require employers buy for employees -Membership fees for individuals : sport, artistic… clubs -Other services for individuals in healthcare activities, entertainment, sports and aesthetics -Housing allowance paid by the employer but not exceeding 15% of total taxable income.
3. Preparing Tax finalization files Non-taxable income: –Night shift or overtime salary payable which is higher than the day shift or normal working hours salary. –One-off relocation allowance for expatriates coming to reside in Vietnam. –Airfares for one round trip home leave for expatriates a year. –School fees for children of expatriate employees up to high school level.
3. Preparing Tax finalization files Non-taxable income (Cont): –Meal allowance in cash to the employees (not excess of the stipulated amount)
3. Preparing Tax finalization files Deduction for dependents: 1.6m/month/person 1. Children (including adopted and illegitimate children ) - Under 18 year-old or - Over 18 year-old : studying at university (college) or handicapped and unable to work 2. Husband ( wife)/ parent or parent- in- law - Above the working age - Still of working age as stipulated by law but who is handicapped, unable to work 3. Grandparents/Brothers and sisters/Brothers in law, sister s in law /Grandchildren, nephews and nieces /Other people required by law - Tax payer must directly rear or care for and - Above the working age or handicapped and unable to work
3. Preparing Tax finalization files Forms (Circular 28/2011/TT-BTC dated 28/02/2011) 09/KK-TNCN - Declaration of tax finalization 1. 09A/PL-TNCN : Income from Salaries, Wages 2. 09B/PL-TNCN : Income from business 3. 09C/PL-TNCN: Dependent deductions (if dependents were registered) Appendixes
3. Preparing Tax finalization files Taxable incomes (+) Taxable incomes (+) Step 1 Deductions (-) Deductions (-) Step 2 Tax liabilities (=) Tax liabilities (=) Step 3
3- Step 1. Taxable income No.ItemsAmountNotes 1 Total Taxable income [22]=[23+25] a Total taxable income in VN, in which [23]6A+15B Total taxable income for consideration of tax reduction [24]NO b Total taxable income outside VN [25]8A+19B
3- Step 2. Deductions No.ItemsAmountNotes 2 Deductions [26][ ] aFor tax payer [27]4mil/1m bFor dependents [28] 1,6m/p/m- Registered c Charities, humanitarian, study encourage [29] Established as regulation d Compulsory insurances [30] Health, social and unemployed Insurance
3- Step 3. Tax liabilities No.ItemsAmountNotes 3 Total assessable income [31]=[22-26] 4 Tax [32]=[31* tax rate]
3- Step 3. Tax rate Tax Bracket Portion of monthly Assessable income (mil) Tax rate (%) Illustration : Total assessment income 240mil/year (20mil/m) 1Up to 555mil *5%=0.25 2Over 5 to 10105mil *10%=0.5 3Over 10 to 18158mil *15%=1.2 4Over 18 to 32202mil *20%=0.4 5Over 32 to 5225 Monthly tax = Over 52 to 8030 Total (year) 2.35*12=28.2mil 7Over 8035
3- Step 3. Tax liabilities No.ItemsAmountNotes 5 Total paid deducted of tax [33]=[ ] aDeducted [34]9A+18B bPaid [35]12A+17B c Paid outside VN (if any) [36] Max= total tax * outside/total income 6 Reduction of tax [37] Duplication of tax (1 st & 2 nd year)
3- Step 3. Duplication of tax 1 st year : 100 mil PIT 2 nd year :120 mil PIT Duplication of tax from 1/1->2/7/2012 Tax reduction=100mil*6month/12month = 50 mil 1st 2nd 3/7/20112/7/2012 1/1/ /12/2012
3- Step 3. Tax liabilities No.ItemsAmountNotes 7 Tax Payable [38] [ ] >0 8 Excess payment [39] [ ] >0 a Refund requirement [40] bSet-off in next period [41]
4.Deadline submission 90days since day-end of Tax assessment year