When is the deadline for submission of tax declaration of land-related amounts in Vietnam?

When is the deadline for submission of tax declaration of land-related amounts in Vietnam?

According to clauses 3, 4, 5, Article 10 of Decree 126/2020/ND-CP, taxpayers shall comply with the tax declaration submission deadlines as stipulated in Article 44 of the Tax Administration Law 2019. For the submission of tax declaration dossiers concerning land-related revenues in accordance with public asset management and usage laws as specified in clause 5, Article 44 of the Tax Administration Law 2019, the deadline is as follows:

(1) Non-agricultural land use tax

- For organizations:

+ Initial declaration: The deadline for submission is no later than 30 days from the date of arising non-agricultural land use tax obligation.

+ During the stability cycle, organizations are not required to re-declare non-agricultural land use tax annually if there are no changes in taxpayers and factors affecting the tax payable.

+ Declaration when there are changes in factors affecting the tax base, leading to an increase or decrease in tax payable, and supplementary declaration when errors are identified in the submitted tax declaration to the tax authority affecting the tax payable: Submission deadline is no later than 30 days from the date of change.

Supplementary tax declaration applies in cases of factors affecting the tax base leading to changes in tax payable; and when errors, mistakes affecting tax payable are identified in the submitted tax declaration to the tax authority.

- For households and individuals:

+ Initial declaration: The deadline for submission is no later than 30 days from the date of arising non-agricultural land use tax obligation.

+ Annually, households and individuals are not required to re-declare if there are no changes in taxpayers and factors affecting the tax payable.

+ Declaration when there are changes in factors affecting the tax base (except for changes in the price per 1 m² of land as regulated by the provincial People's Committee) leading to an increase or decrease in tax payable: Submission deadline is no later than 30 days from the date of change.

+ Supplementary declaration upon identifying errors in tax declarations submitted to the tax authority affecting the tax payable shall be in accordance with Article 47 of the Tax Administration Law 2019.

+ Consolidated declaration: The deadline for submitting consolidated declarations is no later than March 31 of the calendar year following the tax year.

(2) Agricultural land use tax

- Initial tax declaration submission, declaration upon changes in taxable agricultural land area: No later than 30 days from the date of arising or changing tax obligations.

- Annual tax declaration submission deadline for organizations is the last day of the first month of the calendar year; no later than 10 days from the date of harvesting production output for organizations paying taxes for perennial plant areas harvested once.

- Annually, taxpayers are not required to re-declare tax declarations if there are no changes affecting the taxable agricultural land area.

(3) Land rent, water surface lease

- For cases of land rent, water surface lease where financial obligations determination dossiers regarding land rent, water surface lease under one-stop shop mechanism simultaneously serve as tax declaration dossiers: Submission deadline is no later than 30 days from the date a competent state agency signs the decision of land/water surface lease. In cases where no decision exists but there is a lease agreement, the submission deadline is no later than 30 days from the contract signing date.

- For cases of land rent, water surface lease without a lease decision or contract: The land rent, water surface lease tax declaration submission deadline is no later than 30 days from the date of land usage intended for purposes subject to land/water surface lease.

- Tax declaration submission deadline for land/water surface lease in cases where there are changes in factors determining financial obligations of land-related amounts/water surface lease during the year: No later than 30 days from the date of issuance of a document by a competent authority recognizing the change.

- Taxpayers with no changes in factors affecting payable land rent, water surface lease during the year are not required to declare in the subsequent year.

When is the deadline for submission of tax declaration of land-related amounts in Vietnam? (Image from Internet)

What are the tax declaration forms and related land levies in Vietnam?

According to Section 9, Appendix 2 of Circular 80/2021/TT-BTC, tax declaration forms and related land levies include the following:

- Form 01/TK-SDDPNN: Non-agricultural land use tax declaration (applicable for households and individuals, excluding transfer, inheritance, donation of land use rights). Here

- Form 02/TK-SDDPNN: Non-agricultural land use tax declaration (applicable for organizations). Here

- Form 03/TKTH-SDDPNN: Comprehensive non-agricultural land use tax declaration (applicable for households and individuals making comprehensive homestead land declarations). Here

- Form 04/TK-SDDPNN: Non-agricultural land use tax declaration (applicable for households and individuals in case of transfer, inheritance, donation of land use rights). Here

- Form 01/SDDNN: Agricultural land use tax declaration (applicable for organizations with taxable land). Here

- Form 02/SDDNN: Agricultural land use tax declaration (applicable for households and individuals with taxable land). Here

- Form 03/SDDNN: Agricultural land use tax declaration (applicable for perennial plant land harvested once). Here

- Form 01/TMDN: Land rent, water surface lease declaration (applicable for cases without a decision or state land lease contract). Here

Is inheritance of land from parents subject to personal income tax in Vietnam?

Based on the provisions of Article 4 of the Individual Income Tax Law 2007 (amended by clause 2, Article 1 of the Amended Individual Income Tax Law 2012 and supplemented by clause 3, Article 2 of the Amended Tax Law 2014), income exempt from tax includes:

- Income from real estate transfer between spouses; biological parents to biological children; adoptive parents to adopted children; parents-in-law to daughter-in-law; parents-in-law to son-in-law; grandparents to grandchildren; siblings to each other.

- Income from transfer of housing, homestead land use rights, and assets attached to homestead land of individuals in cases where the individual possesses only one house, homestead land.

- Income from the value of land use rights allocated by the state to individuals.

- Income from inheritance, gifts as real estate between spouses; biological parents to biological children; adoptive parents to adopted children; parents-in-law to daughter-in-law; parents-in-law to son-in-law; grandparents to grandchildren; siblings to each other.

- Income of households and individuals directly engaging in agricultural, forestry, salt production, aquaculture, unprocessed or minimally processed products.

- Income from the conversion of agricultural land by households, individuals allocated by the state for production purposes.

- Income from interest on deposits at credit institutions, interest from life insurance contracts.

- Income from remittances.

- Night shift and overtime wages higher than regular day wages as prescribed by law.

- Retirement income paid by the Social Insurance Fund; monthly retirement income from voluntary pension funds.

- Income from scholarships, including:

+ Scholarships received from the state budget;

+ Scholarships received from domestic and foreign organizations under the organizations' educational support programs.

- Income from compensation from life and non-life insurance contracts, labor accident compensation, state compensation, and other compensations as prescribed by law.

- Income received from charities permitted or recognized by competent state agencies, operating for charitable, humanitarian purposes, not for profit.

- Income received from foreign aid for charitable, humanitarian purposes in governmental and non-governmental formats approved by the competent state body.

- Income from salaries, wages of Vietnamese crew members working for foreign carriers or Vietnamese carriers engaged in international transport.

- Income of individuals who own, have rights to, and work on ships from providing goods, services directly serving offshore and deep-sea fishing operations.

Therefore, income from inheritance of real estate between parents and children is exempt from personal income tax.