Category: tình huống xử lý thực tế

At Point 9.9, Clause 9 of Appendix I – List of tax declaration dossiers issued together with Decree No. 126/2020/ND-CP dated October 19, 2020 of the Government stipulating cases where organizations and individuals do not incur pay PIT taxable income, then you do not have to declare PIT for that month/quarter.

Point d, Clause 6, Article 8 of Decree 126/2020/ND-CP and Official Letter 636/TCT-DNNCN stipulate some cases where PIT finalization will not be required. First, organizations and individuals which pay incomes from salaries or wages and do not generate income are not required to declare PIT finalization. That is, in the personal income tax period, if wages and salaries are not paid to employees, they are not required to declare PIT finalization.

According to Clause 4, Article 44, Chapter IV, Law on Tax Administration No. 38/2019/QH14 dated June 13, 2019, the deadline for PIT finalization on income in 2021 is prescribed as follows:

• No later than the last day of the 3rd month from the end of the calendar year or fiscal year for the annual tax finalization filing.
• No later than the last day of the 4th month from the end of the calendar year for personal income tax finalization records of individuals who directly finalize tax at tax office.

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Dong Du International Accounting, Taxes & Legal Consulting Group Vietnam, A member of OneSMP Singapore, Southeast Asia Business Consulting Network, we specialize in accounting services, corporate tax advice, legal advice, business training, human resource consulting, product & market surveys…over 15 years up to now in the Vietnam market. Currently, we have also built a team of foreign experts from Japan, Singapore, Thailand, Cambodia … to help customers inside and outside Vietnam to expand appropriate business opportunities as well as possible.

[SETTING UP COMPANY, ACCOUNTING, TAX, LAW COMPLIANCE, HR…IN HO CHI MINH, VIET NAM FOR FOREIGN INVESTORS]

Home page: www.japanvietnam.com.vn. ; https://ddbis.edu.vn.
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In Appendix II issued together with Decree No. 15/2022/ND-CP dated January 28, 2022, the Government stipulates the list of goods and services subject to excise tax not eligible for value-added tax reduction. (VAT) from 10% to 8% in 2022.

Specifically, goods that cannot be reduced to 8% include: cigarettes, cigars and other tobacco products used for smoking, stimulation, chewing and drinking; alcohol; Beer; Cars with less than 24 seats, including cars that fit both people and goods with two or more rows of seats, have a compartment design between the owner and the interior compartment; Two-wheeled motorcycles and three-wheeled motorcycles with a cylinder capacity of over 125cm3; Aircraft, yachts. Besides, there are other goods such as: gasoline of all kinds.

For services, industries that are not allowed to reduce VAT to 8% including disco business; Business massage, karaoke; casino business; bonus electronic games including jackpot machine games, slot machines and the like; business of placing machines; golf business, including selling membership cards and golf tickets; lottery business.

The policy of reducing VAT to 8% for some goods and services in Decree No. 15/2022/ND-CP is applied from February 1, 2022 to December 31, 2022.

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[DDC] Dong Du International Accounting, Taxes & Legal Consulting Group HCMC Vietnam, A member of OneSMP Singapore, Southeast Asia Business Consulting Network, we specialize in accounting services, corporate tax advice, legal advice, business training, human resource consulting, product & market surveys…over 15 years up to now in the Vietnam market. Currently, we have also built a team of foreign experts from Japan, Singapore, Thailand, Cambodia … to help customers inside and outside Vietnam to expand appropriate business opportunities as well as possible.

[SETTING UP COMPANY, ACCOUNTING, TAX, LAW COMPLIANCE, HR…IN HO CHI MINH, VIET NAM FOR FOREIGN INVESTORS]

Home page: www.japanvietnam.com.vn. ; https://ddbis.edu.vn.
Facebook/LinkedIn: Dong Du International Accounting & Legal Consulting
In case you have any question, please contact us at tonitran01092020@gmail.com or Tel（ zalo/Viber/Line/Wechat/Whatapps） 090 925 7602 for your references.
#setting up company in Vietnam#accounting #tax #legal consulting
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In case the company signs a collaborator contract with an individual to sell goods or provide services, the company should note the following basic points.

Regarding the subject and individual signing the contract, the individual participating in the signing of a service provision contract as above needs to satisfy all conditions for signing the contract. Specifically, in some conditional business lines, individuals need to register their business before entering into contracts, excepting for  special cases where business registration is not required under Clause 2, Article 79 of Decree 01. 2021/ND-CP.

Regarding related tax policies, companies entering into contracts with individuals need to deduct 10% tax on income according to point i, article 25 of Circular 111/2013/TT-BTC. In addition, commissions paid to individuals are included in deductible expenses when determining corporate income tax when the conditions of Article 4 of Circular 95/2015/TT-BTC are met. As follows:

• Actual expenses related to business and production activities.
• Expenses with all current legal documents.
• Payments with a value of over VND 20 million (including VAT) must be paid by bank transfer.

Regarding the nature of arising economic operations, in case the contents of the signed contract and the actual performance are not the same, the related expenses may be excluded from the expenses due to the violation of Article 4 of this Circular 95/2015 due to violation of the legal basis of documents.

Official Dispatch No. 1203/CTTPHCM-TTHT dated February 8, 2021

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[DDC] Dong Du International Accounting, Taxes & Legal Consulting Group HCMC Vietnam, A member of OneSMP Singapore, Southeast Asia Business Consulting Network, we specialize in accounting services, corporate tax advice, legal advice, business training, human resource consulting, product & market surveys…over 15 years up to now in the Vietnam market. Currently, we have also built a team of foreign experts from Japan, Singapore, Thailand, Cambodia … to help customers inside and outside Vietnam to expand appropriate business opportunities as well as possible.

[SETTING UP COMPANY, ACCOUNTING, TAX, LAW COMPLIANCE, HR…IN HO CHI MINH, VIET NAM FOR FOREIGN INVESTORS]

Home page: www.japanvietnam.com.vn. ; https://ddbis.edu.vn.
Facebook/LinkedIn: Dong Du International Accounting & Legal Consulting

In case you have any question, please contact us at tonitran01092020@gmail.com or Tel（ zalo/Viber/Line/Wechat/Whatapps） 090 925 7602 for your references.
#setting up company in Vietnam#accounting #tax #legal consulting
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Step 1. Taxpayers who are subject to APA have plans to apply APA, extend APA, convert APA form or accept tax authorities’ recommendations, make a dossier and send it to the General Department of Taxation. Profile components include:

• Application for APA consultation using form No. 1/APA-TV.
• The document describes the information for consultation as follows:
• Name and address of the taxpayer expected to submit the APA dossier and the names and addresses of the parties to the related party transaction;
• The proposed type of APA; the names of the countries or territories involved in the case of a bilateral or multilateral APA application;
• Description of related transactions within the APA scope, related transactions outside the scope of APA (if any) and explanation of reasons for choosing transactions to apply APA as well as reasons for excluding related transactions. other results;
• The size of the associated transaction value;
• Expected time to apply APA;
• Analysis of functions, assets and risks incurred in the course of business by taxpayers and related parties participating in transactions within the scope of APA;
• The proposed method of determining market price includes the contents of comparative analysis, comparative data, calculation method, standard market price range, and material adjustments (if any);
• Substantial assumptions that have a material and significant effect on the APA eligibility requirements;
• General information on the scope and general operation scale of the enterprise and associated transactions of the taxpayer; information on the activities of economic groups and related parties related to the proposed transaction under the scope of application of APA;
• Information summarizing the main contents of the results of tax inspections conducted at the taxpayer’s office;
• APAs on similar related transactions signed or proposed with foreign tax authorities (if any);
• The opinion of the relevant foreign tax authority (if any);
• Official submission time, contact method;
• Other issues affecting APA implementation.
• Number of dossiers: 01 (set)
• The time limit for settlement is 30 working days from the date of completion of document’s’ application.

Step 2. The General Department of Taxation receiving

• In case the dossier is submitted directly at the tax office, the tax official shall receive and stamp the receipt of the dossier, record the time of receipt of the dossier, record the number of documents in the dossier, and record them in the tax authority’s clerk’s book.
• In case the dossier is sent by post, the tax official shall stamp the date of receipt of the dossier and record it in the tax office’s correspondence book.

Step 3. The General Department of Taxation organizes a consultation meeting, based on the conclusion in the APA consultation minutes and the conditions of the tax industry, the General Department of Taxation shall send a written reply to the taxpayer about the approval or (reason) does not allow taxpayers to file a formal APA application.

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Circular 40/2021/TT-BTC is guiding VAT, PIT and tax management for business households and individuals. Accordingly, from August 1, 2021, types subject to VAT 5% and PIT 2% include accommodation services, postal services, brokerage services, legal consulting services, tax and customs administrative services…

In case an individual has both leased property and has other business activities, according to regulations, the revenue level of 100 million VND/year or less to determine the object not to pay  personal income tax is the total business revenue including other business activities.

According to http://www.gdt.gov.vn/

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