From January 1, 2022, individuals whose income makes a personal income tax commitment (according to Form 08/CK-TNCN issued together with Circular 80/2021/TT-BTC ) in order not to be deducted 10 % personal income tax.
Specifically, at Point i, Clause 1, Article 25 of Circular 111/2013/TT-BTC stipulates as follows:
Organizations and individuals that pay wages, remunerations and other payments to resident individuals who do not sign labor contracts (under the guidance at Points c, d, Clause 2, Article 2 of Circular 111/2013/TT -BTC ) or signing a labor contract of less than three (03) months with a total income of two million (2,000,000) VND/time or more , tax must be withheld at the rate of 10% on income before paying to employees. personal .
In case an individual has only income subject to tax withholding according to the above rate, but the estimate of the individual's total taxable income after deduction of family circumstances is not enough to pay tax , the individual has make a commitment (under the form promulgated together with the guiding document on tax administration) and send it to the income paying organization for the income payer as a temporary basis for not deducting personal income tax.
Based on the commitment of the income recipient, the income paying organization does not deduct tax. At the end of the tax year, the income paying organization still has to summarize the list and income of individuals who have not yet reached the tax deduction level (in the form issued together with the guiding document on tax administration) and submit it to the tax authority. tax office. Individuals making commitments must be responsible for their commitments. In case of fraud detection, they will be handled according to the provisions of the Law on Tax Administration.
Accordingly, from January 1, 2022, the individuals mentioned above will make a commitment to temporarily not withhold personal income tax according to Form 08/CK-TNCN attached to Circular 80/ 2021/TT-BTC.
Latest PIT commitment form (Form 08/CK-TNCN) |
Photo taken of Form 08/CK-TNCN
Note: (*) The amount declared in this section is determined by the deduction for family circumstances calculated in the year:
Eg:
- In case the pledger has no dependents: the declared amount is 11 million VND x 12 months = 132 million VND.
- In case the committed person has 01 dependent who must be cared for in a year of 10 months:
Amount declared |
= |
132 million VND |
+ |
4.4 million VND |
x |
10 months |
= |
176 million VND |
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