Currently, the personal income tax (PIT) commitment form in Vietnam is made using Form 08/CK-TNCN issued together with Circular 80/2021/TT-BTC.
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Form 08/CK-TNCN: Latest Personal Income Tax Commitment Form 2023 in Vietnam (Internet image)
1. Latest Personal Income Tax Commitment Form in Vietnam - Form 08/CK-TNCN
The subjects eligible to file the personal income tax commitment form are those whose income has not reached the taxable personal income level.
Currently, the personal income tax commitment form is used according to Form 08/CK-TNCN issued with Circular 80/2021/TT-BTC.
Below is the full text of Form 08/CK-TNCN:
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
COMMITMENT
(Applicable when individuals receive income and estimate total annual income in the calendar year below the taxable personal income level)
To: (Name of the organization, individual paying the income)…………………………
1. My name is: …………………………………..………...……….……………
| 2. Tax code: |
Address of residence:……………………….……...………..…………………...
I commit that, in the year ………..…, I have a total income from wages and salaries, subject to a 10% tax withholding rate, but according to my estimate, my total annual income does not exceed ..........(*) million VND (written in words…..............................................………) which is below the taxable personal income level. Therefore, I request that (Name of the organization, individual paying the income)……...…………… base on this commitment to not withhold personal income tax when paying income to me.
I am responsible before the law for the data I have declared./.
…., date … month … year …
2. Who must make the personal income tax commitment form - Form 08/CK-TNCN in Vietnam?
At point i, clause 1, Article 25 of Circular 111/2013/TT-BTC, the personal income tax commitment is stipulated as follows:
| Organizations and individuals paying salaries, wages, remuneration, and other payments to resident individuals without labor contracts (as guided at points c, d, clause 2, Article 2 of this Circular) or with labor contracts under three (03) months and a total income payment of 2 million VND (2,000,000 VND) or more per time must withhold tax at the rate of 10% on income before payment to the individual. In case the individual only has the aforementioned income subject to withholding tax but estimates the total taxable income of the individual, after deducting family circumstances, does not reach the level required to pay tax, the individual with the income makes a commitment (according to the form issued with the tax management guidance document) and sends it to the income-paying organization for the organization to temporarily not withhold personal income tax. Based on the commitment of the income recipient, the income-paying organization does not withhold tax. Upon the end of the tax year, the income-paying organization must still compile a list and the income of individuals whose income has not reached the taxable level (according to the form issued with the tax management guidance document) and submit it to the tax authority. The individual making the commitment must be responsible for their commitment, and if any fraud is detected, it will be handled according to the provisions of the Law on Tax Administration. |
According to the above regulations in Vietnam, the subjects eligible to make the commitment to temporarily not have personal income tax withheld must meet the following conditions:
- Resident individuals without labor contracts or with labor contracts under 03 months.
- Have a total income payment of 2 million VND per time or more.
- Only have the single income subject to withholding tax. If they have income from 2 or more places, they cannot make the commitment.
- Must taxpayer registration and have a tax code at the time of making the commitment.
- Estimate the total taxable income of the individual, after deducting family circumstances, does not reach the level required to pay personal income tax.
Currently, the total income from 132 million VND/year or less without dependents can make the personal income tax commitment form - Form 08/CK-TNCN.
Duong Chau Thanh
- Key word:
- Personal income tax
- Vietnam
