A person with monthly taxable income subject to personal income tax (PIT) discovers that they have a critical illness. In this case, is that person eligible for a tax exemption or reduction in PIT? If so, what are the procedures?
Based on Article 5 of the Law on Personal Income Tax 2007, which stipulates that taxpayers facing difficulties due to natural disasters, fires, accidents, or severe diseases affecting their ability to pay tax are considered for tax reduction corresponding to the level of damage but not exceeding the amount of tax payable. Hence, in the case of discovering that one has contracted a severe disease, personal income tax (PIT) reduction will be considered.
Additionally, based on Point g Clause 2 Article 2 of Circular 111/2013/TT-BTC, it is stipulated that the following amounts are not included in taxable income:
g.1) The support provided by the employer for medical treatment of severe diseases for the employee themselves and their family members. … |
Specifically, the list of severe diseases serving as the basis for considering personal income tax reduction for taxpayers with severe diseases regulated in Article 5 of Decree 65/2013/ND-CP includes:
1. Cancer | 16. Progressive muscular atrophy | 31. Organ transplant (heart transplant, liver transplant, kidney transplant) |
2. First heart attack | 17. Severe rheumatoid arthritis | 32. Progressive pulmonary tuberculosis |
3. Coronary artery surgery | 18. Gangrene due to hemolytic streptococcal infection | 33. Severe burns |
4. Heart valve replacement surgery | 19. Aplastic anemia | 34. Cardiomyopathy |
5. Aortic surgery | 20. Paralysis of two limbs | 35. Alzheimer’s disease or dementia |
6. Stroke | 21. Blindness in both eyes | 36. Pulmonary hypertension |
7. Coma | 22. Loss of two limbs | 37. Motor nerve conduction disorder |
8. Multiple sclerosis | 23. Hearing loss | 38. Severe brain injury |
9. Amyotrophic lateral sclerosis | 24. Loss of speech | 39. Elephantiasis |
10. Parkinson’s disease | 25. Total and permanent disability | 40. Occupational HIV infection |
11. Bacterial meningitis | 26. Kidney failure | 41. Bone marrow transplant |
12. Severe encephalitis | 27. Polycystic kidney disease | 42. Polio |
13. Benign brain tumor | 28. Recurrent chronic pancreatitis | |
14. Muscular dystrophy | 29. Liver failure | |
15. Progressive bulbar palsy | 30. Systemic lupus erythematosus |
The PIT reduction dossier for individuals with severe diseases includes:
- A written request for tax reduction according to form No. 08/MGT-TNCN issued together with Circular 92/2015/TT-BTC.
- Copies of medical records or examination books.
- Documents proving the medical treatment expenses issued by a medical authority; or medical bills accompanied by a doctor’s prescription.
- Personal income tax finalization declaration (if the individual is subject to tax finalization).
- Le Duyen -
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