22 December 2021
The Ministry of Finance has issued Circular No. 100/2021/TT-BTC dated 15 November 2021 to amend and supplement several articles of Circular No. 40/2021/TT-BTC that guide VAT, PIT, and tax management for business households, and individuals. Some notable contents are as follows:
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Amending regulations on two cases where organizations and individuals declare tax and pay taxes on behalf of individuals (points dd and e, Clause 1, Article 8 of Circular No. 40/2021/TT-BTC):
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Organizations, including the owner of the E-commerce Exchange shall make tax declarations on behalf of individuals, and pay taxes on behalf of individuals on the basis of authorization;
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Individuals who declare tax on behalf of other individuals are taxpayers on the basis of authorization.
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Amendment of regulations on tax calculation methods in special cases: Individuals who only have property-leasing activities and the leasing period is not a full year, if the leasing revenue is VND100 million/year or less, are not subject to VAT and PIT. In case the lessee pays renting fees in advance for many years, the revenue to determine whether an individual must pay tax or not is the one-time payment amortized according to the calendar year.
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Supplementing regulations on responsibilities of the Tax Department: In case the organization that is the owner of the E-commerce Exchange does not declare tax, pay tax on behalf of individuals having business on the E-commerce Exchange on the basis of authorization, the Tax Department shall cooperate with the E-commerce Exchange in sharing and providing information of these individuals.
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