Who is the taxpayer if multiple people are registered in the Certificate of Business registration in Vietnam?
Who is the taxpayer if multiple people are registered in the Certificate of Business registration in Vietnam?
Based on item a.2, point a, clause 3, Article 1 of Circular 111/2013/TT-BTC, specific regulations on taxpayers are as follows:
Article 1. Taxpayers
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- Taxpayers in certain specific cases are determined as follows:
a) For individuals with income from business.
a.1) In the case where only one person is named in the Business Registration Certificate, then the taxpayer is the individual named in the Business Registration Certificate.
a.2) In the case where multiple individuals are jointly named in the Business Registration Certificate (group of individual businesses) and jointly participate in the business, then the taxpayer is each member named in the Business Registration Certificate.
a.3) In the case where, in a household, multiple individuals jointly participate in the business but only one person is named in the Business Registration Certificate, then the taxpayer is the individual named in the Business Registration Certificate.
a.4) In the case where the individual or household is actually conducting business without a Business Registration Certificate (or Certificate, Practice License), the taxpayer is the individual currently conducting business activities.
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Thus, according to the above regulation, each member named in the Business Registration Certificate is the taxpayer in cases where multiple individuals are jointly named in the Business Registration Certificate.
Who is the taxpayer if multiple people are registered in the Certificate of Business registration in Vietnam? (image from Internet)
Which incomes are exempt from personal income tax in Vietnam?
According to Article 4 of the Personal Income Tax Law 2007 as supplemented by clause 3, Article 2 of Law Amending Various Tax Laws 2014 and amended by Clause 2, Article 1 of the Amended Personal Income Tax Law 2012, the following personal incomes are exempt from personal income tax:
- Income from the transfer of real estate between spouses; biological parents and biological children; adoptive parents and adopted children; parents-in-law and daughter-in-law; parents-in-law and son-in-law; paternal grandparents and grandchildren; maternal grandparents and grandchildren; siblings.
- Income from the transfer of residential houses, the right to use homestead land, and the assets attached to homestead land by individuals if the individual possesses only one residential house or one piece of homestead land.
- Income from the value of land-use rights granted by the state to individuals.
- Income from inheritance or gifts being real estate between spouses; biological parents and biological children; adoptive parents and adopted children; parents-in-law and daughter-in-law; parents-in-law and son-in-law; paternal grandparents and grandchildren; maternal grandparents and grandchildren; siblings.
- Income of households and individuals directly engaged in agricultural and forestry production, salt production, aquaculture, and fisheries that have yet to be processed into other products or only undergone preliminary processing.
- Income from the conversion of agricultural land allocated by the state for production.
- Income from interest on deposits at credit institutions and interest from life insurance contracts.
- Income from remittances.
- Nightshift or overtime pay that is higher than the daytime or statutory working hours wage as regulated.
- Pension paid by the Social Insurance Fund; pension paid by voluntary pension funds monthly.
- Income from scholarships, including:
+ Scholarships funded by the state budget;
+ Scholarships granted by domestic and foreign organizations under their support programs.
- Income from compensation for life insurance, non-life insurance contracts, compensation for occupational accidents, state compensation, and other compensations as prescribed by law.
- Income received from charitable funds established or recognized by competent state agencies and operating for charitable, humanitarian, non-profit purposes.
- Income received from foreign aid for charitable and humanitarian purposes in governmental and non-governmental forms approved by competent state agencies.
- Income from wages and salaries of seafarers who are Vietnamese working for foreign shipping companies or Vietnamese shipping companies in international waters.
- Income of individuals as ship owners, individuals with ship use rights, and individuals working on ships from activities providing direct goods and services for offshore fishing and exploitation.
What are regulations on personal income tax period in Vietnam?
According to Article 7 of the Personal Income Tax Law 2007, amended by clause 3, Article 1 of the Personal Income Tax Law Amendment 2012, the tax period is regulated as follows:
- The tax period for resident individuals is as follows:
+ An annual tax period applies to income from business; income from wages and salaries;
+ A tax period per each income arising applies to income from capital investment; income from capital transfer, excluding income from securities transfers; income from real estate transfer; income from winnings; income from royalties; income from franchise; income from inheritance; income from gifts;
+ A tax period per each transfer or annually for income from securities transfer.
- The tax period for non-resident individuals is calculated per each income arising, applying to all taxable income.
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