No. | Document | Content | Date of Issuance |
---|---|---|---|
Invoice | |||
1 | Official Letter No. 452/CTTGI-TTHT from the Tax Department of Tiền Giang Province regarding the issuance of electronic invoices for goods given as gifts. |
|
07/02/2025 |
2 | Official Letter No. 757/CT-TTHT from the Tax Department of Lào Cai Province providing guidance on tax policies related to commercial discounts and payment discounts. | 1. Regarding Invoice Issuance
|
12/02/2025 |
Tax Policy | |||
3 | Official Letter No. 339/TCT-KK from the General Department of Taxation introducing key updates in Circular No. 86/2024/TT-BTC. | Some key updates in Circular No. 86/2024/TT-BTC compared to Circular No. 105/2020/TT-BTC include:
|
22/01/2025 |
4 | Official Letter No. 245/CTHNA-TTHT from the Tax Department of Hà Nam Province regarding tax policy. | Income from subleasing land with attached infrastructure by the company is considered real estate transfer income under Clause 2, Article 16 of Circular No. 78/2014/TT-BTC. Accordingly, this type of income is not eligible for corporate income tax (CIT) incentives as stipulated in Clause 3, Article 18 of Circular No. 78/2014/TT-BTC, as amended and supplemented by Clause 1, Article 10 of Circular No. 96/2015/TT-BTC. | 10/02/2025 |
5 | Official Letter No. 496/CTLAN-TTHT from the Tax Department of Long An Province regarding tax policy. | The VAT paid under a tax assessment decision issued by the customs authority is fully deductible, except in cases where the customs authority imposes penalties for tax fraud or evasion, as stipulated in Clause 6, Article 14 of Circular No. 219/2013/TT-BTC. The conditions for input VAT deduction and refund for exported goods are governed by Article 16 of Circular No. 219/2013/TT-BTC, Clause 10, Article 1 of Circular No. 26/2015/TT-BTC, and Article 1 of Circular No. 173/2016/TT-BTC. Additional import tax payments required by the company under a tax assessment decision from the customs authority (provided that no penalties for tax fraud or evasion are imposed) can be considered deductible expenses when determining taxable corporate income tax (CIT), as long as they comply with the provisions of Article 4 of Circular No. 96/2015/TT-BTC. | 10/02/2025 |
6 | Official Letter No. 121/DNL-THNV from the Large Enterprise Tax Department introducing key updates in Circular No. 86/2024/TT-BTC. | The Large Enterprise Tax Department highlights key updates in Circular No. 86/2024/TT-BTC as follows: 1. Tax Registration Subjects (Article 4) 2. Tax Identification Number Structure (Article 5) 3. Initial Tax Registration Procedure (Article 7) 4. Procedures for Changing Tax Registration Information (Article 10) 5. Procedures for Terminating Tax Identification Number Validity (Article 16) 6. Forms and Templates (Appendix II) For details, please refer to the official letter. | 12/02/2025 |
Personal Income Tax | |||
7 | Official Letter No. 260/CTHNA-HKDCN from the Tax Department of Hà Nam Province regarding personal income tax policy. | 1. Personal Income Tax (PIT) on In-Kind Gifts for Holidays, Tet, Outstanding Employees, and Lucky Draw Prizes:
|
12/02/2025 |
Corporate Income Tax | |||
8 | Official Letter No. 5772/CTLAN-TTHT from the Tax Department of Long An Province regarding deductible expenses for determining taxable corporate income. | If the company purchases assets from an individual who is not engaged in business, this transaction does not fall under the case where an electronic invoice with a tax authority code must be issued for each occurrence, as stipulated in Article 13 of Decree No. 123/2020/NĐ-CP. If the company purchases assets owned by an individual who is not engaged in business, the depreciation expense of the asset can be considered a deductible expense when determining taxable corporate income, provided that it meets the requirements specified in Article 4 of Circular No. 96/2015/TT-BTC. | 18/12/2024 |
Invoice
07/02/2025: Official Letter No. 452/CTTGI-TTHT from the Tax Department of Tiền Giang Province regarding the issuance of electronic invoices for goods given as gifts.
- If a company uses goods or services to give as gifts to customers, it must issue an invoice, which must include all required details as stipulated in Article 10 of Decree No. 123/2020/NĐ-CP. The taxable value for goods and services given as gifts shall be determined according to the guidelines in Clause 3, Article 7 of Circular No. 219/2013/TT-BTC.
- In cases where goods are sold with commercial discounts applied, the company shall comply with the provisions in Clause 6, Article 10 of Decree No. 123/2020/NĐ-CP.
12/02/2025: Official Letter No. 757/CT-TTHT from the Tax Department of Lào Cai Province providing guidance on tax policies related to commercial discounts and payment discounts.
1. Regarding Invoice Issuance
- If the company applies commercial discounts for customers, the invoice must clearly indicate the commercial discount amount. The taxable value for VAT calculation is the selling price after applying the commercial discount.
- If the company provides payment discounts, these discounts should not be included on the invoice.
2. Regarding Tax Declaration and Tax Payment on Behalf of Others
- For customers who are household businesses or individual business owners paying tax under the fixed tax method, the company is responsible for declaring and paying tax on their behalf in accordance with Clause 5, Article 7 of Decree No. 126/2020/NĐ-CP and Articles 10 and 16 of Circular No. 40/2021/TT-BTC. Household businesses and individual business owners paying tax under the fixed tax method are responsible for providing information on their tax calculation method so that the company can fulfill the tax declaration and payment obligations accordingly. The tax authorities will manage risks in this case based on the tax declaration, invoices, and supporting documents of taxpayers.
- If the company provides commercial discounts or payment discounts to individual customers who are not engaged in business, these discounts are not subject to personal income tax regulations. Therefore, the company is not required to withhold personal income tax when making such payments.
Tax Policy
22/01/2025: Official Letter No. 339/TCT-KK from the General Department of Taxation introducing key updates in Circular No. 86/2024/TT-BTC.
Some key updates in Circular No. 86/2024/TT-BTC compared to Circular No. 105/2020/TT-BTC include:
- Initial Tax Registration Procedure: The removal of the “List of Dependent Units” (Form BK02-ĐK-TCT), which was previously required as part of the initial tax registration dossier for dependent units (Point a.2, b.2, Clause 1, Article 7).
- Tax Registration Subjects: The inclusion of “non-resident foreign individuals” engaged in e-commerce, digital platform-based business, and other services with organizations and individuals in Vietnam as a new tax registration subject (Point e, Clause 2, Article 4).
10/02/2025: Official Letter No. 245/CTHNA-TTHT from the Tax Department of Hà Nam Province regarding tax policy.
Income from subleasing land with attached infrastructure by the company is considered real estate transfer income under Clause 2, Article 16 of Circular No. 78/2014/TT-BTC. Accordingly, this type of income is not eligible for corporate income tax (CIT) incentives as stipulated in Clause 3, Article 18 of Circular No. 78/2014/TT-BTC, as amended and supplemented by Clause 1, Article 10 of Circular No. 96/2015/TT-BTC.
10/02/2025: Official Letter No. 496/CTLAN-TTHT from the Tax Department of Long An Province regarding tax policy.
The VAT paid under a tax assessment decision issued by the customs authority is fully deductible, except in cases where the customs authority imposes penalties for tax fraud or evasion, as stipulated in Clause 6, Article 14 of Circular No. 219/2013/TT-BTC. The conditions for input VAT deduction and refund for exported goods are governed by Article 16 of Circular No. 219/2013/TT-BTC, Clause 10, Article 1 of Circular No. 26/2015/TT-BTC, and Article 1 of Circular No. 173/2016/TT-BTC. Additional import tax payments required by the company under a tax assessment decision from the customs authority (provided that no penalties for tax fraud or evasion are imposed) can be considered deductible expenses when determining taxable corporate income tax (CIT), as long as they comply with the provisions of Article 4 of Circular No. 96/2015/TT-BTC.
12/02/2025: Official Letter No. 121/DNL-THNV from the Large Enterprise Tax Department introducing key updates in Circular No. 86/2024/TT-BTC.
The Large Enterprise Tax Department highlights key updates in Circular No. 86/2024/TT-BTC as follows:
1. Tax Registration Subjects (Article 4)
2. Tax Identification Number Structure (Article 5)
3. Initial Tax Registration Procedure (Article 7)
4. Procedures for Changing Tax Registration Information (Article 10)
5. Procedures for Terminating Tax Identification Number Validity (Article 16)
6. Forms and Templates (Appendix II)
For details, please refer to the official letter.
Personal Income Tax
12/02/2025: Official Letter No. 260/CTHNA-HKDCN from the Tax Department of Hà Nam Province regarding personal income tax policy.
1. Personal Income Tax (PIT) on In-Kind Gifts for Holidays, Tet, Outstanding Employees, and Lucky Draw Prizes:
- If the gift is considered a form of salary or wage:
- If the gift represents a non-monetary benefit provided by the company to specific employees in any form, it is classified as taxable income from salaries and wages under Clause 2, Article 2 of Circular No. 111/2013/TT-BTC. In this case, the company must declare and withhold PIT as required (except for bonuses specified in Point e, Clause 2, Article 2 of Circular No. 111/2013/TT-BTC).
- If the gift is not considered a form of salary or wage:
- If the company provides in-kind gifts such as merchandise, souvenirs, etc., to individuals and these gifts do not constitute salary or wages and do not fall under the types of gifts specified in Clause 10, Article 2 of Circular No. 111/2013/TT-BTC, the income from these gifts is not subject to PIT on gift receipts.
- If the gifts are among those specified in Clause 10, Article 2 of Circular No. 111/2013/TT-BTC, they are classified as taxable income from gifts subject to PIT.
- If the gift is given collectively to a group:
- Gifts provided collectively to a group, rather than to specific individuals, are not considered taxable PIT income.
- If the company organizes a lucky draw program for individuals:
- If the prize value received by an individual exceeds VND 10 million per winning instance (regardless of the number of winnings), the excess amount is subject to PIT on lottery winnings.
2. Issuing Invoices for Gifted Items:
- The company must issue invoices for goods given to employees and customers. The invoices must comply with the requirements specified in Article 10 of Decree No. 123/2020/NĐ-CP. Accordingly, invoices must be issued to each individual receiving the gift.
Corporate Income Tax
18/12/2024: Official Letter No. 5772/CTLAN-TTHT from the Tax Department of Long An Province regarding deductible expenses for determining taxable corporate income.
If the company purchases assets from an individual who is not engaged in business, this transaction does not fall under the case where an electronic invoice with a tax authority code must be issued for each occurrence, as stipulated in Article 13 of Decree No. 123/2020/NĐ-CP.
If the company purchases assets owned by an individual who is not engaged in business, the depreciation expense of the asset can be considered a deductible expense when determining taxable corporate income, provided that it meets the requirements specified in Article 4 of Circular No. 96/2015/TT-BTC.