What are forms for personal income tax declaration in Vietnam?

What are forms for personal income tax declaration in Vietnam? What are cases of quarterly declaration of personal income tax in Vietnam?

What are forms for personal income tax declaration in Vietnam?

According to Section 7 Appendix 2 Circular 80/2021/TT-BTC, the following forms are included in the personal income tax declaration dossier:

- Form 01/XSBHDC: Personal Income Tax Declaration (applicable to lottery, insurance, and multi-level marketing enterprises paying commissions to individuals signing direct agency contracts; insurers paying accumulation fees for life insurance and other non-compulsory insurance). Here

- Form 01-1/BK-XSBHDC: Detailed listing appendix for individuals having revenue from lottery, insurance, or multi-level marketing agency activities (to be declared in the tax declaration dossier of the last month/quarter in the tax year). Download

- Form 02/KK-TNCN: Personal Income Tax Declaration (applicable to resident and non-resident individuals having income from salaries and wages directly declaring tax with the tax authority). Here

- Form 02/QTT-TNCN: Personal Income Tax Finalization Declaration (applicable to individuals having income from salaries and wages). Download

- Form 02-1/BK-QTT-TNCN: Family circumstance deduction appendix for dependents. Download

- Form 03/BDS-TNCN: Personal Income Tax Declaration (applicable to individuals having income from the transfer of real estate; income from inheritance or gifts which are real estate). Here

- Form 04/CNV-TNCN: Personal Income Tax Declaration (applicable to individuals having income from capital transfer, individuals transferring securities directly declaring tax with the tax authority and organizations, individuals declaring tax on behalf, paying tax on behalf of individuals). Here

- Form 04-1/CNV-TNCN: Detailed listing appendix for individuals transferring capital (applicable to organizations declaring tax on behalf, paying tax on behalf of many individuals). Download

- Form 04/DTV-TNCN: Personal Income Tax Declaration (applicable to individuals receiving dividends in the form of securities, profits credited to capital, bonus securities for existing shareholders when transferring and organizations, individuals declaring tax on behalf, paying tax on behalf of individuals). Download

- Form 04-1/DTV-TNCN: Detailed listing appendix (applicable to organizations declaring tax on behalf, paying tax on behalf of many individuals). Download

- Form 04/NNG-TNCN: Personal Income Tax Declaration (applicable to non-resident individuals having income from business, individuals having income from investment capital, royalties, franchising, winnings received from abroad). Here

- Form 04/TKQT-TNCN: Personal Income Tax Declaration (applicable to individuals receiving inheritance, gifts that are not real estate). Here

- Form 05/KK-TNCN: Personal Income Tax Declaration (applicable to organizations, individuals paying income from salaries, wages). Here

- Form 05-1/PBT-KK-TNCN: Appendix for determining the personal income tax payable on income from salaries, wages, and winnings. Download

- Form 05/QTT-TNCN: Personal Income Tax Finalization Declaration (applicable to organizations, individuals paying taxable income from salaries, wages). Here

- Form 05-1/BK-QTT-TNCN: Detailed listing appendix for individuals subject to progressive tax rates. Here

- Form 05-2/BK-QTT-TNCN: Detailed listing appendix for individuals subject to flat tax rates. Download

- Form 05-3/BK-QTT-TNCN: Detailed listing appendix for dependents for family circumstance deductions. Download

- Form 06/TNCN: Personal Income Tax Declaration (applicable to organizations, individuals paying income with tax deduction on investment capital income, securities transfer, royalties, franchising, winnings of resident and non-resident individuals; business income of non-resident individuals; organizations, individuals receiving capital transfer from non-resident individuals). Here

- Form 06-1/BK-TNCN: Detailed listing appendix for individuals having income in the tax year (to be declared in the tax declaration dossier of the last month/quarter in the tax year). Download

- Form 07/DK-NPT-TNCN: Dependent Registration Form. Here

- Form 07/XN-NPT-TNCN: Appendix for direct caretaker declaration. Download

- Form 07/THDK-NPT-TNCN: Appendix for combined registration of dependents for family circumstance deduction (applicable to organizations, individuals paying incomes to employees and registering family circumstance deductions for dependents). Download

- Form 08/UQ-QTT-TNCN: Personal Income Tax Finalization Authorization Letter. Here

- Form 08/CK-TNCN: Commitment Form. Download

What personal income tax declaration forms are included in the dossier?

What are forms for personal income tax declaration in Vietnam? (Image from the Internet)

How to declare personal income tax quarterly according to the law in Vietnam?

According to Point b Clause 1, Clause 2 Article 9 Decree 126/2020/ND-CP:

- Quarterly personal income tax declaration is as follows:

+ Taxpayers subject to monthly personal income tax declaration as stipulated in Point a Clause 1 Article 8 Decree 126/2020/ND-CP if meeting the conditions for quarterly value-added tax declaration can choose to declare personal income tax quarterly.

+ Quarterly declaration is determined once from the first quarter arising the tax declaration obligation and is stably applied throughout the calendar year.

- Taxpayers are responsible for determining their eligibility for quarterly tax declaration to perform accordingly.

+ Taxpayers meeting the criteria for quarterly tax declaration can choose to declare tax monthly or quarterly stably throughout the calendar year.

+ In cases where taxpayers are currently performing monthly tax declarations but meet the conditions for quarterly declaration and choose to switch to quarterly declaration, they must send a proposal document prescribed in Appendix I issued with Decree 126/2020/ND-CP to the managing tax authority no later than January 31 of the year they start declaring tax quarterly. If after this deadline, taxpayers do not send the document to the tax authority, they continue to perform monthly tax declarations stably throughout the calendar year.

+ In cases where taxpayers self-identify that they are not eligible for quarterly tax declaration, they must perform monthly tax declarations from the first month of the next quarter. Taxpayers are not required to resubmit the monthly tax declaration dossier of previous quarters but must submit the determination form of the additionally payable tax amount compared to the declared quarterly amount as prescribed in Appendix I issued with Decree 126/2020/ND-CP and must calculate late payment interest as prescribed.

+ In cases where the tax authority discovers that taxpayers are not eligible for quarterly tax declaration, the tax authority must determine the additionally payable tax amount for each month compared to the amount declared by taxpayers and must calculate late payment interest as prescribed. Taxpayers must perform monthly tax declarations from the time they receive the document from the tax authority.

Who are the subjects of personal income tax in Vietnam?

According to Article 2 Personal Income Tax Law 2007, personal income tax subjects are resident individuals with taxable income stipulated in Article 3 Personal Income Tax Law 2007 arising inside and outside the territory of Vietnam and non-resident individuals with taxable income stipulated in Article 3 Personal Income Tax Law 2007 arising within the territory of Vietnam.

Wherein:

- Resident individuals are those who meet one of the following conditions:

+ Present in Vietnam for 183 days or more in a calendar year or for 12 consecutive months from the first day of arrival in Vietnam;

+ Having a regular residence in Vietnam, including having a registered permanent residence or a rented house to stay in Vietnam under a lease of a definite term.

- Non-resident individuals are those who do not meet the conditions of resident individuals.

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