Latest personal income tax declaration form for income from transfer, inheritance, and gifts of real estate in Vietnam
Personal income tax declaration form for income from transfer, inheritance, and gifts of real estate in Vietnam
According to Appendix II, issued together with Circular 80/2021/TT-BTC, the personal income tax declaration form for income from transfer, inheritance, and gifts of real estate is regulated as follows:
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Personal income tax declaration form for income from transfer, inheritance, and gifts of real estate in Vietnam
Procedures and application for exemption from personal income tax for income from transfer, inheritance, and gifts of real estate in Vietnam
According to Clause 1, Article 53 of Circular 80/2021/TT-BTC, it is regulated as follows:
"Article 53. Procedures for tax exemption documents specified at Point a, Clause 1, Article 52 of this Circular
1. For cases of transfer, inheritance, or gifts of real estate (including future-formed houses, future-formed construction works, construction works, and houses handed over by the project owner but not yet issued a Certificate of land use rights, ownership of houses, and assets attached to land according to the provisions of the law on housing and real estate business) between spouses, biological parents and children, adoptive parents and adopted children; between parents-in-law and daughters-in-law; between parents-in-law and sons-in-law; between paternal grandparents and grandchildren; between maternal grandparents and grandchildren; between siblings.
Tax exemption documents include:
- Personal income tax declaration form No. 03/BDS-TNCN issued together with Appendix II of this Circular and related documents to determine the tax exemption beneficiaries in each specific case. Specifically:
a) For real estate transfer, inheritance, or gifts between spouses, one of the following documents is needed: A photocopy of the household registration book or a photocopy of the marriage certificate or a court decision on divorce or remarriage (in the case of house division due to divorce or consolidation of ownership due to remarriage).
b) For real estate transfer, inheritance, or gifts between biological parents and children, one of the following two documents is needed: a photocopy of the household registration book (if in the same household registration book) or a photocopy of the birth certificate. In the case of extramarital children, a copy of the decision on the recognition of parent-child relationships from a competent authority is required.
c) For real estate transfer, inheritance, or gifts between adoptive parents and adopted children, one of the following two documents is needed: a photocopy of the household registration book (if in the same household registration book) or a photocopy of the adoption decision from a competent authority.
d) For real estate transfer, inheritance, or gifts between paternal grandparents and grandchildren, the following documents are needed: A photocopy of the grandchild's birth certificate and a photocopy of the father's birth certificate; or a photocopy of the household registration book reflecting the relationship between the grandparents and the grandchild; or other documents certified by a competent authority confirming the relationship between the grandparents and the grandchild.
đ) For real estate transfer, inheritance, or gifts between maternal grandparents and grandchildren, the following documents are needed: A photocopy of the grandchild's birth certificate and a photocopy of the mother's birth certificate; or a photocopy of the household registration book reflecting the relationship between the grandparents and the grandchild; or other documents certified by a competent authority confirming the relationship between the grandparents and the grandchild.
e) For real estate transfer, inheritance, or gifts between siblings, a photocopy of the household registration book or a photocopy of the birth certificates of both the transferor and the transferee showing the common parentage or half-sibling relationship; or other documents certified by a competent authority confirming a blood relation.
g) For real estate transfer, inheritance, or gifts between parents-in-law and daughters-in-law; parents-in-law and sons-in-law, the following documents are needed: A photocopy of the household registration book showing the relationship between parents-in-law and daughters-in-law; or parents-in-law and sons-in-law; or a photocopy of the marriage certificate and the birth certificate of the spouse as the basis to determine the relationship between the transferor (parents-in-law) and the transferee (sons-in-law or daughters-in-law).
h) In cases of real estate transfer, inheritance, or gifts that are tax-exempt as specified in Clause 1 of this Article but the transferor or the recipient does not have a birth certificate or household registration book, certification from a competent authority establishing the relationship between the transferor and the recipient is required to form the basis for determining tax-exempt income..."
Procedures for exemption from personal tncome tax for the transfer of the sole property, homestead land use right in Vietnam
According to Clause 4, Article 53 of Circular 80/2021/TT-BTC, it is regulated as follows:
"Article 53. Procedures for tax exemption documents specified at Point a, Clause 1, Article 52 of this Circular
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4. For individuals transferring the sole property, homestead land use right in Vietnam that is tax-exempt according to regulations, the documents include:
Individuals transferring the property must submit tax declaration documents according to Point 9.3 of Appendix I - Tax Declaration Documents List issued together with Decree No. 126/2020/ND-CP. On the tax declaration form No. 03/BDS-TNCN issued together with Appendix II of this Circular, individuals shall self-declare tax-exempt income and clearly state the exemption from personal income tax according to the regulations for the sole property, homestead land use right and bear legal responsibility for the declaration of sole property, homestead land use right in Vietnam."
Above is the personal income tax declaration form for income from transfer, inheritance, and gifts of real estate.
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