What is included in the PIT declaration dossiers for income from inheritances and gifts that are not real estate in Vietnam?

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• What is included in the PIT declaration dossiers for income from inheritances and gifts that are not real estate in Vietnam?
• Where to submit PIT declaration dossiers for income from inheritances and gifts that are not real estate in Vietnam?
• Form No. 04/TKQT-TNCN PIT declaration applicable to individuals receiving inheritances, gifts that are not real estate in Vietnam?

What is included in the PIT declaration dossiers for income from inheritances and gifts that are not real estate in Vietnam?

Pursuant to Section 9.4 specified in Appendix I issued together with Decree No. 126/2020/ND-CP stipulating PIT declaration dossiers for incomes from inheritances and gifts other than real estate, including:

- Personal income tax return (applicable to individuals receiving inheritances and gifts other than real estate) form No. 04/TKQT-TNCN (issued together with Appendix II of Circular No. 80/2021/TT-BTC).

- A copy of legal papers proving the right to receive inheritance, gifts and the individual signs a commitment to take responsibility on that copy.

- Dossier of identification of subjects who are exempt from personal income tax, are not required to pay personal income tax, and have not yet had to pay personal income tax as prescribed.

What is included in the PIT declaration dossiers for income from inheritances and gifts that are not real estate in Vietnam? (Image from the Internet)

Where to submit PIT declaration dossiers for income from inheritances and gifts that are not real estate in Vietnam?

Pursuant to Point h, Clause 6, Article 11 of Decree No. 126/2020/ND-CP stipulating as follows:

Tax declaration dossier submission location

Tax declaration dossiers shall be submitted at the locations specified in Clauses 1, 2 and 3 Article 45 of the Law on Tax administration and the following locations:

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6. Declarations of taxes that have to be declared and paid separately shall be submitted to the supervisory tax authorities as prescribed in Point b Clause 4 Article 45 of the Law on Tax administration, except in the following cases:

a) In the cases specified in Points a, d, e, k Clause 4 Article 8 of this Decree, tax declaration dossiers shall be submitted to tax authorities responsible for the areas where business operations take place or where other taxes.

b) Tax declaration dossiers of exports and imports prescribed in Point c Clause 4 Article 8 of this Decree shall be submitted to the customs authorities where the customs declarations are registered.

In case a new customs declaration has to be made when paying tax during the export or import process, the tax declaration dossier shall be submitted to the customs authority to which the first export or import declaration is submitted.

c) Declarations of corporate income tax on capital transfer by foreign contractors shall be submitted to the supervisory tax authorities of the enterprises in which the foreign contractors invest capital (including the cases in which the transferee declares tax on behalf of the foreign contractor, or, if the tax is declared by the organization established in accordance with Vietnam’s law and invested in by the foreign contractor in case the transferee is also a foreign contractor).

d) Contractors shall submit declarations of corporate income tax on transfer of the right to participate in petroleum agreements to their supervisory tax authorities (including change of owner of the contractor holding the right to participate in the petroleum agreement).

dd) Individuals that have income from capital transfer or capital investment and declare tax directly with tax authorities shall submit tax declaration dossiers to the supervisory tax authorities of the issuers.

e) Individuals having income from copyrights, franchising, wining prizes overseas; receipt of inheritance, gifts that are other kinds of property (except real estate or property subject to registration of right to ownership or enjoyment) overseas shall submit tax declaration dossier to the supervisory tax authorities of the areas where they reside.

g) Individuals having income from leasing out property (except real estate) shall submit tax declaration dossiers to the supervisory tax authorities of the areas where they reside. Individuals having income from leasing out real estate in Vietnam shall submit tax declaration dossiers to the supervisory tax authorities of the areas where the real estate is located. Individuals leasing out overseas real estate shall submit tax declaration dossiers to the supervisory tax authorities of the areas where they reside.

h) Individuals having income from receipt of inheritance or gifts that are other property subject to registration of right to ownership or enjoyment) shall submit tax declaration dossiers to the tax authorities where registration fees are declared.

i) Household businesses and individual businesses that do not have fixed business locations and regular business operation shall submit declarations to supervisory tax authorities of the areas where the individuals reside.

k) Organizations and individuals applying for registration of right to ownership and right to enjoyment of property except housing and land (including the cases in which registration fees are exempted as prescribed by law) shall submit registration fee declarations to the tax authorities to which the application is submitted or another location decided by the President of the People’s Committee of the province.

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Thus, according to the above regulations, individuals earning income from inheritance or gifts being other assets must register their ownership and use rights and submit tax declaration dossiers at the tax office where registration fee is declared.

Form No. 04/TKQT-TNCN PIT declaration applicable to individuals receiving inheritances, gifts that are not real estate in Vietnam?

The form of personal income tax declaration applicable to individuals receiving inheritances and gifts other than real estate is Form No. 04/TKQT-TNCN specified in Appendix II issued together with Circular No. 80/2021/TT-BTC. Below is an image of the form of PIT declaration for individuals receiving inheritances and gifts that are not real estate:

Download the form of personal income tax declaration applicable to individuals receiving inheritances and gifts that are not real estate: Click here.