Exemption of personal income tax for transfer, inheritance or gift being real estate between relatives in the same family

Circular No 80/2021/TT-BTC Personal income tax exemption for transfer, inheritance or gift being real estate between relatives in the same family.

The exemption in Vietnam of personal income tax under the new regulations

Pursuant to Point a Clause 1 Article 52 of Circular No. 80/2021/TT-BTC and Clause 1, 2, 3, 4, 5, 6 Article 4 of the Law on Personal Income Tax 2007 on Personal Income Tax of Vietnam exemption in Vietnam as announced by tax authorities are:

- 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.

- Incomes from transfer of residential houses, rights to use residential land and assets attached to residential land of individuals in case only one residential house or land lot is available.

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

- 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.

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

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

Exemption of personal income tax  of Vietnam for transfer, inheritance or gift being real estate between relatives in the same family

Dossiers and procedures for personal income tax of Vietnam exemption in case of transfer, inheritance or gift being real estate between relatives in the same family

Pursuant to Clause 1 Article 53 of the Circular No. 80/2021/TT-BTC, procedures for grant of personal income tax  of Vietnam exemption in the case of transfer, inheritance or gift of real estate between relatives in the same family are as follows:

- For real estate transferred, inherited or donated between husband and wife:

03/BĐS-TNCN provided in Appendix II to this Circular (not printed herein).

+ The copy of the household registration book or the copy of the marriage certificate or the court's decision on divorce or re-marriage (for cases of house division due to divorce or consolidation of ownership due to re-marriage).

- For real estate transferred, inherited or donated between natural fathers, mothers and their offspring:

03/BĐS-TNCN provided in Appendix II to this Circular (not printed herein).

+ A copy of the household registration book (if they share the same household registration book) or the birth certificate.

+ For out-of-wedlock children, a copy of the competent agency's decision on recognition of father, mother or child is required.

- For real estate transferred, inherited or donated between adoptive parents and adopted children:

03/BĐS-TNCN provided in Appendix II to this Circular (not printed herein).

+ A copy of the household registration book (if they share the same household registration book) or a copy of the decision recognizing the child adoption, issued by a competent agency.

- For real estate transferred, inherited or donated between paternal grandparents and grandchildren:

03/BĐS-TNCN provided in Appendix II to this Circular (not printed herein).

+ A copy of the birth certificate of the paternal grandchild and a copy of the birth certificate of the paternal grandchild; or a copy of the household registration book showing the relationship between the paternal grandfather or grandmother and the paternal grandchild; or other papers with the certification by a competent agency of the relationship between the paternal grandfather or grandmother.

- For real estate transferred, inherited or donated between grandparents and their grandchildren:

03/BĐS-TNCN provided in Appendix II to this Circular (not printed herein).

+ A copy of the birth certificate of the grandchild and a copy of the birth certificate of the grandchild; or a copy of the household registration book showing the relationship between the grandparent and the grandchild; or other papers with certification by a competent authority proving the relationship between the grandparent and the grandchild.

- For real estate transferred, inherited or donated between siblings:

03/BĐS-TNCN provided in Appendix II to this Circular (not printed herein).

+ A copy of the household registration book or a copy of the birth certificate of the transferor and the transferee, which shows the relationship with the father and mother or the same mother or the same mother and different fathers, or other papers certified by a competent agency proving the blood relation.

- For real estate transferred, inherited or donated between fathers-in-law or mothers-in-law and daughters-in-law; or between fathers-in-law and daughters-in-law and sons-in-law:

03/BĐS-TNCN provided in Appendix II to this Circular (not printed herein).

+ A copy of the household registration book clearly indicating the relationship between the father-in-law or mother-in-law and the daughter-in-law; or a copy of the marriage certificate and the birth certificate of the husband or wife as a basis for identifying the relationship between the transferor being the father-in-law or mother-in-law and the daughter-in-law or the son-in-law.

Concurrently, if the transferor, inheritor, or gift is eligible for tax exemption in Vietnam as prescribed in Clause 1 of this Article but the transferor, inheritor, or gift does not have a birth certificate or family register, it is required to have a certification of the relationship between the transferor and the transferee, inheritor, or gift issued by a competent authority to determine the exempt income.

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