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THE
MINISTRY OF FINANCE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
164/2009/TT-BTC
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Hanoi, August 13,2009
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CIRCULAR
PROVIDING
GUIDANCE ON PERSONAL INCOME TAX ON PRIZE WINNERS IN GAMES AT PRIZE-GAME VENUES
THE MINISTRY OF FINANCE
Pursuant to Personal Income
Tax (PIT) Law-No. 04/2007/QH12 of November 21, 2007, and the Government's
Decree No. 100/2008/ND-CP of September 8, 2008, detailing a number of articles
of the PIT Law;
Pursuant to the Government's Decree No. 118/2008/ND-CP of November 27, 2008,
defining the functions, tasks, powers and organizational structure of the
Ministry- of Finance;
Pursuant to the Prime Minister's Decision No. 32/2003/QD-TTg of February 27,
2003, promulgating the Regulation on prize-video game business applicable to
foreigners;
Pursuant to the Finance Ministry's Decision No. 91/2005/QD-BTC of December 8,
2005, promulgating the Financial Management Regulation applicable to prize-game
business, and Decision No. 84/2007/QD-BTC of October 17, 2007, promulgating the
Financial Management Regulation applicable to prize-game business (amended and
supplemented).
The Ministry of Finance provides guidance on PIT on winners in prize games as
follows:
Article 1. Scope of
regulation
This Circular guides the
determination of taxed income, and tax registration, withholding, declaration,
payment and finalization for income from prizes in the following forms of game
at prize-game venues: games between gamesters and gaming machines with
attendants: games between gamesters themselves with attendants collecting the
casino fee; games in which one or more gamesters play with automatic gaming
machines without attendants; games in which prizes are won from jackpots or
periodical prizes for lucky gamesters; and other forms of game at prize-game
venues.
Article 2. Subjects of
application
This Circular applies to:
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- Business organizations
licensed to deal in prize-game venues in accordance with law.
Article 3. Definitions
referred to in the Circular
- Prize winner means an
individual playing a prize game and winning a prize under the game's prize rules.
- Prize games means games
defined at Point 1, Article 2 of the Financial Management Regulation applicable
to prize-game business promulgated together with the Finance Minister's
Decision No. 91/2005/QD-BTC of December 8, 2005.
- Conventional tokens means
chips, intermediary chips and counters defined at Point 2, Article 2 of the
Financial Management Regulation applicable to prize-game business promulgated
together with the Finance Minister's Decision No. 91/2005/QD-BTC of December 8,
2005.
- Prize-game venues means venues
defined at Point 5. Article 2 of the Financial Management Regulation applicable
to prize-game business promulgated together with the Finance Minister's
Decision No. 91/2005/QD-BTC of December 8, 2005.
- Game is determined as follows:
+ For games played in
conventional tokens, a game starts when a gamester enters a prize-game venue
and ends when he/she leaves the prize-game venue.
+ For games played in cash with
automatic gaming machines, a game starts when a gamester cashes in/keys in a
gaming machine and ends when he/she cashes out from the gaming machine.
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- Payer means an organization
dealing in prize-game venues in accordance with law.
Article 4. Tax bases
Tax bases include taxed income
and tax rate.
1. Taxed income
a/ Taxed income is the value
exceeding VND 10 million of income from prizes won in a game.
b/ Income from prizes won in a
game is the difference between the cash amount a gamester receives and the cash
amount he/she pays in that game.
The formula for calculating
income from won prizes is as follows:
Income
from won prizes
=
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-
Cash
amount a gamester pays in a game
c/ In case income from won
prizes is in a foreign currency, such income must be converted into Vietnam
dong at the exchange rate announced by the State Bank and applicable at the time
of income generation.
d/ Methods of determining the
cash amount received and the cash amount paid in a game are as follows:
- For games played in
conventional tokens:
+ The cash amount a gamester
receives in a game is the total value gained through his/her exchanges of
chips/counters for cash throughout the game.
+ The cash amount a gamester
pays in a game is the total value gained through his/her exchanges of cash for
chips/counters throughout the game.
The cash amount received and the
cash amount paid in a game shall be determined based on cash-chip/counter
exchange invoices (form No. 03 enclosed with the Finance Minister's Decision
No. 91/2005/QD-BTC of December 8, 2005) and invoices and documents under the
current law on accounting.
Example 1: From the time of
entering to the time of leaving a prize-game venue, Mr. A exchanged three times
cash for chips with a total value of USD 500 and exchanged twice chips for cash
with a total value of USD 700. Based on these exchanges, Mr. A's income from
won prizes and taxed income are determined as follows:
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* Taxed income = USD 200 x
USD/VND exchange rate - VND 10 million.
- For games played in cash with
automatic gaming machines:
+ The cash amount a gamester
receives in a game is the total value of the cashed-out amount when the game
finishes minus the jackpot (if any).
+ The cash amount a gamester
pays in a game is the total value gained through the times of key in/cash in a
gaming machine throughout the game.
Particularly for prizes from
jackpots, periodical prizes for lucky gamesters and other similar forms of
prize, income from won prizes is the total value of won prizes without
subtracting any expense.
Example 2: Mr. B played in cash
directly with an automatic gaming machine. In a game, he twice keyed in with a
total value of USD 300. When the game finished, he cashed out the whole
remaining amount from the gaming machine with a total value of USD 1,500. In
this game, Mr. B also won USD 1,000 in prize from jackpots (the value of prize
from jackpots had been accumulated in the cashed-out amount). Based on keyed-in
and cashed-out amounts, Mr. B's income from won prizes and taxed income
include:
(1) Income from won prizes from
jackpots, which is the total value of jackpots:
- Income from won prizes = USD
1,000
- Taxed income = USD 1,000 x
USD/VND exchange rate - VND 10 million.
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- Income from won prizes = USD 1,500
-USD 1,000 - USD 300 = USD 200
- Taxed income = USD 200 x
USD/VND exchange rate - VND 10 million.
2. Tax rate
The PIT rate for income from
prizes won in games at prize-game venues is 10%.
Article 5. Tax
registration, withholding, declaration, payment and finalization
1. Tax registration
Winners in games at prize-game
venues are not required to make tax registration.
2. Tax withholding
PIT shall be withheld by payers
upon paying income to prize winners. The withheld PIT amount is determined
according to the following formula:
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Income payers shall issue PIT
withholding documents to taxpayers upon request under regulations.
3. Tax declaration, payment and
finalization
Payers shall make tax
declaration, payment and finalization under Point 2.1, Section II, Part D of
the Finance Ministry's Circular No. 84/2008/TT-BTC of September 30, 2008,
guiding a number of articles of the PIT Law, and guiding the Government's
Decree No. 100/2008/ND-CP 'of September 8, 2008, detailing a number of articles
of the PIT Law.
Article 6. Organization
of implementation
1. Tax agencies at all levels
shall disseminate, and guide prize-game venue business organizations in
implementing, this Circular.
inspect and handle violations
committed by these organizations and taxpayers.
2. Prize-game venue business
organizations operating under the Prime Minister's Decision No. 32/2003/QD-TTg
of February 27, 2003, shall:
a/ Fully abide by the provisions
of the Financial Management Regulation applicable to prize-game business
promulgated together with the Finance Ministry's Decision No. 91/2005/QD-BTC of
December 8, 2005, and Decision No. 84/2007/QD-BTC of October 17, 2007.
b/ Publicly post up tax
withholding regulations and rules requiring gamesters to exchange all unused
chips/counters for cash before leaving prize-game venues, as a basis for
determining PIT calculation income.
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4. This Circular takes effect 45
days from the date of its signing. To annul the guidance on determination of
taxed income of prize winners at prize-game venues under Point 6.1, Clause 6.
Section II, Part B of the Finance Ministry's Circular No. 84/2008/TT-BTC of
September 30, 2008.
Problems arising in the course
of implementation should be reported to the Ministry of Finance for timely
settlement.
FOR
THE MINISTER OF FINANCE
DEPUTY MINISTER
Do Hoang Anh Tuan