Are pensions subject to personal income tax in Vietnam?

Are pensions subject to personal income tax in Vietnam?

In Article 4 of the 2007 Personal Income Tax Law, supplemented by Clause 3, Article 2 of the 2014 Amended Tax Law, there are provisions on tax-exempt incomes as follows:

1. Incomes from transfer of real estate between spouses; parents and their children; adoptive parents and their adopted children; fathers-in-law or mothers-in-law and daughters-in-law or sons-in-law; grandparents and their grandchildren; or among blood siblings.

2. Incomes from transfer of residential houses, rights to use residential land and assets attached to residential land received by individuals who have only one residential house or land plot each.

3. Incomes from the value of land use rights of individuals who are allocated land by the State.

4. Incomes from receipt of inheritances or gifts that are real estate between spouses, parents and their children; adoptive parents and their adopted children; fathers-in-law or mothers-in-law and daughters-in-law or sons-in-law; grandparents and their grandchildren; or among blood siblings.

5. Incomes of households and individuals directly engaged in agricultural or forest production, salt making, aquaculture, fishing and trading of aquatic resources not yet processed into other products or preliminarily processed aquatic products.

6. Incomes from conversion of agricultural land allocated by the State to households and individuals for production.

7. Incomes from interests on deposits at credit institutions or interests from life insurance policies.

8. Incomes from foreign exchange remittances.

9. Wages paid for night shift or overtime work, which are higher than those paid for day shifts or prescribed working hours in accordance with law.

10. Retirement pensions paid by the Social Insurance.

11. Incomes from scholarships, including:

a/ Scholarships granted from the state budget;

b/ Scholarships granted by domestic and foreign organizations under their study promotion programs.

12. Incomes from indemnities paid under life insurance policies, non-life insurance policies, compensations for labor accidents, compensations paid by the State and other compensations as provided for by law.

13. Incomes received from charity funds licensed or recognized by competent state agencies and operating for charity, humanitarian or non-profit purposes.

14. Incomes received from governmental or non-governmental foreign aid for charity or humanitarian purposes approved by competent state agencies.

15. Income from salaries, remunerations of Vietnamese crewmembers working for foreign shipping companies or Vietnamese shipping companies that provide international transport services.

16. Incomes from provision of goods/services directly serving offshore fishing earned by individuals being ship owners, individuals having the right to use ships, and incomes of crewmembers on ships.

Pursuant to current regulations in Vietnam, pensions on income are exempt from tax. Therefore, you do not have to pay personal income tax when enjoying your pension.

If I have a child studying at university, can I get reduction based on family circumstances when paying personal income tax in Vietnam?

In Clause 3, Article 19 of the Law on Personal Income Tax 2007, there are provisions on reduction based on family circumstances as follows:

3. Dependants of a taxpayer means persons a taxpayer is responsible for nurturing or taking care of, including:

a/ His/her minor children or disabled children who are incapable of working;

b/ Individuals who have no income or have incomes not exceeding the prescribed level, including adult children who are studying at a university, college, professional secondary school or job-training establishment; his/her spouse who is incapable of working; his/her parents who are beyond the working age or incapable of working; other supportless persons whom the taxpayer has to directly nurture.

The Government shall specify the income level and declaration for identification of dependants to be counted for reduction based on family circumstances.

According to this Article, in cases where the children are adults and are studying at university, you are entitled to a reduction based on family circumstances when paying personal income tax in Vietnam.

What are regulations on tax period for personal income tax in Vietnam?

In Article 7 of the Law on Personal Income Tax 2007 as amended by Clause 3, Article 1 of the 2012 Personal Income Tax Law, there are provisions on the tax period as follows:

1. For residents, tax period is specified as follows:

a/ Annual tax period, which is applicable to incomes from business, salaries and wages.

b/ Tax period upon each time of income generation, which is applicable to incomes from capital investment; incomes from capital transfer, except for incomes from securities transfer; incomes from real estate transfer; incomes from prizes; incomes from copyright; incomes from commercial franchising; incomes from inheritances; and gifts.

c/ Tax period upon each transfer or annual tax period, which is applicable to securities transfer. Individuals who apply the annual tax period shall register with tax offices at the beginning of the year.

2. For non-residents, the tax period counted upon each time of income generation is applicable to all their taxable incomes.

Thus, the tax period for personal income tax will be implemented in accordance with the above provisions in Vietnam.

Best Regards!