THE MINISTRY OF FINANCE
--------
|
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
----------------
|
No. 128/2014/TT-BTC
|
Hanoi,September 05, 2014
|
CIRCULAR
GUIDING
THE REDUCTION OF PERSONAL INCOME TAX FOR INDIVIDUALS WORKING IN ECONOMIC ZONES
AND BORDER-GATE
Circular No. 128/2014/TT-BTC
dated September 05, 2014 of the Ministry of Finance guiding the reduction of
personal income tax for individuals working in economic zones and border-gate
economic zones
Pursuant to the Law on
Personal Income Tax 2007 and the Law on amending and supplementing a number of
Articles of personal income tax 2012;
Pursuant to the Law on tax
administration and the Law on amending and supplementing a number of articles
of the law on tax administration 2012;
Pursuant to the Decree No.
65/2013/ND-CP dated June 27, 2013 of the Goverment detailing a number of
articles of the Law on Personal Income Tax and the Law Amending and
Supplementing a Number of Articles of the Law on Personal Income Tax;
Pursuant to the Decree No.
83/2013/ND-CP of July 22, 2013 of the Government detailing a number of articles
of the Law on Tax Administration and the Law Amending and Supplementing a
Number of Articles of the Law on Tax Administration
Pursuant to the Decree
29/2008/ND-CP dated March 14, 2008 of the Goverment providing for industrial
parks, export processing zones and economic zones;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Pursuant to the Decision No.
72/2013/QD-TTg of November 26, 2013 of the Prime Minister prescribing
mechanisms and financial policies applicable to border-gate economic zones;
Pursuant to Decision No.
215/2013/ND-CP dated December 23, 2013 of the Goverment defining the functions,
tasks, powers and organizational structure of the Ministry of Finance
At the proposal of the
General Director of General Department of Taxation;
The Ministry of Finance
guides the reduction of personal income lax for individuals working in economic
zones and border-gate economic zones (below collectively referred to as
economic zones) as follows:
Article 1. Tax-payers and scope of application
Eligible for reduction of
personal income tax under the guidance in this Circular are individuals who are
residents and non-residents according to the laws and directly work in economic
zones, including:
1. Individuals persons who sign
labor contracts with economic zone management boards and state management
agencies in economic zones and actually work in economic zones.
2. Individuals persons who
labor contracts with organizations and individuals having business
establishments in economic zones and actually work in economic zones.
3. Individuals persons who work
for organizations and individuals located outside economic zones who are sent
to work in economic zones to perform economic contracts signed between these
organizations and individuals and economic zone management boards or
organizations or individuals conducting investment, production and business
activities in economic zones.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. Individuals who sign
contracts with organizations in economic zones and are working in the hazardous
waste treatment plants in economic zones but according to the law on
environment and the plan of the economic zone as approved, the hazardous waste
treatment plants must be located outside economic zone.
Article 2. Taxable incomes used as a basis for consideration for tax reduction
Incomes used as a basis for
calculation of personal income tax amounts to be reduced under this Circular
include:
1. Taxable incomes from
salaries or wages paid by state management agencies or organizations and
individuals having business establishments in economic zones to those who work
in economic zones or paid by organizations or individuals conducting business
activities in economic zones;
2. Taxable incomes from
salaries or wages paid by organizations or individuals located outside economic
zones to those who are sent to work in economic zones to perform economic
contracts signed with economic zone management boards or State management
agencies in economic zones or organizations, individuals conducting investment,
production and business activities in economic zones;
3. Taxable incomes from
production and business activities conducted in economic zones of individuals
or groups of individuals who are granted business registration certificates in
economic zones.
4. Taxable incomes from
salaries, wages and incomes from business activities in accordance with the
regulations on personal income tax.
The determination of taxable
incomes from salaries, wages and incomes from business activities shall be
implemented according to the law on personal income tax.
Article 3. Determination of reduced tax amounts
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) For residents having taxable
incomes as guided under Article 2 of this Circular (hereinafter referred to as
taxable incomes in economic zone):
a.1. Determination of
temporarily paid income tax amount reduced:
Temporarily paid income tax
amount reduced is equal to the temporarily paid or deducted personal income tax
amount (monthly, quarterly or each arising time) multiplied by 50%
a.2. Determination of to be
reduced income tax amount:
The to-be-reduced income tax
amount is equal to the total payable income tax amount multiplied by 50%.
b. In case residents earn both
incomes from salaries or wages and incomes from business activities in economic
zones and incomes arising outside economic zones:
b.1. Determination of
temporarily paid income tax amount reduced:
Temporarily paid personal income tax amount reduced
=
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
x
50%
b.2. Determination of to be
reduced income tax amount:
Temporarily paid income tax amount reduced in the year
=
The total paid personal income tax amount in the year
x
the taxable incomes in economic zone
x
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
the total payable income tax
amount in the tax period
In which, the total payable
personal income tax amount in the year is determined on the basis of the total
taxable income from salaries, wages and incomes from business activities
arising in the tax period as stipulated by the law on personal income tax.
2. For non-residents:
To be reduced personal income
tax amount = the total taxable income in economic zones multiplied by (x) the
tax rate applicable to non-residents multiplied by (x) 50%.
Article 4. Tax declaration, payment and finalization
Individuals stated in Article 1
of this Circular who have taxable incomes as guided under Article 2 of this
Circular shall declare, pay and final the personal income tax amount as
stipulated by the law on tax management.
Article 5. Effect
1. This Circular takes effect
on October 20, 2014 and replaces the Circular No. 176/2009/TT-BTC dated
September 09, 2009 of the Ministry of Finance.
2. For individuals doing
business in economic zones before January 1, 2009, and earning incomes from
their business who are entitled to investment incentives under the Law on
Enterprise Income Tax by the end of December 31, 2008, if the enterprise income
tax exemption period has not yet expired, they will enjoy personal income tax
exemption till the expiration of the remaining tax exemption period and after
that, enjoy 50% reduction of personal income tax under this Circular.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
FOR THE MINISTER
DEPUTY MINISTER
Do Hoang Anh Tuan