Cases of tax exemption and reduction according to the latest regulations

Circular 80/2021/TT-BTC dated September 29, 2021 on elaboration of some Articles of the Law on Tax Administration and the Government’s Decree No. 126/2020/ND-CP on elaboration of some Articles of the Law on Tax Administration.

Cases in which taxpayers determine by themselves tax amounts to be exempted or reduced

Pursuant to Clause 1 Article 51 of Circular 80/2021/TT-BTC, the taxpayer shall determine the amount of tax exempted or reduced as follows:

- Corporate income tax: the taxpayer is eligible for preferential tax rates, tax exemption or reduction duration, and tax-exempt income according to the law on corporate income tax.

- Natural resource tax: Organizations and individuals engaged in the exploitation of natural resources eligible for natural resources tax exemption; individuals licensed to exploit branches, tops, firewood, bamboo of all kinds in service of their daily life; natural water exploited by households or individuals in service of their daily life; natural water used for the production of electricity supplied by households or individuals for their own daily life; and soil exploited and used on the allocated or leased land areas; land used for ground leveling and formulation of security, military and dike programs.

- License fees: The licensing fee payers eligible for exemption from licensing fees as prescribed in Article 3 of the Government's Decree 139/2016/ND-CP dated October 04, 2016 on licensing fees, Clause 1 Article 1 of the Government's Decree 22/2020/ND-CP dated February 24, 2020 on amendments to the Government's Decree 139/2016/ND-CP dated October 04, 2016 on licensing fees.

- Personal income tax: Individuals who earn incomes from salaries or wages and have payable tax amounts of VND 50,000 or less after annual tax finalization.

- Other cases in which taxpayers can themselves determine tax amounts to be exempted or reduced in their tax declaration dossiers or tax exemption or reduction dossiers sent to managing tax offices or tax offices managing state budget revenues, except the cases guided in Clause 1, Article 52 of this Circular.

Cases in which tax authorities notify and decide on tax exemption or reduction

Pursuant to Clause 1 Article 52 of Circular 80/2021/TT-BTC, the cases in which tax authority announces or decides tax exemption or reduction shall be specified as follows:

- Personal income tax exemption for incomes specified in Clauses 1, 2, 3, 4, 5 and 6, Article 4 of the Law on Personal Income Tax.

- Tax reduction under regulations for business individuals, households and individuals that face difficulties caused by natural disasters, fires, accidents or severe diseases and affecting their tax payment capacity.

- Special consumption tax reduction for taxpayers producing excise tax-liable goods meeting difficulties caused by natural disasters or unexpected accidents in accordance with the law on special consumption tax.

- Exemption or reduction of severance tax for taxpayers whose severance tax has been declared and paid due to natural disasters, fires or unexpected accidents.

- Tax exemption and reduction for non-agricultural land use tax.

- Agricultural land use tax exemption or reduction under the Law on Agricultural Land Use Tax and the National Assembly's resolutions.

- Exemption from and reduction of land rental, water surface rental and land use levy.

- Registration fee exemption.

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