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Regulations on Personal Income Tax Settlement and Delegation to the Company for Tax Settlement on Behalf of the Individual

Question:

Please advise on how to settle personal income tax (PIT) for an individual who works for a company and receives a monthly salary while also running a small business from home with a fixed tax payment. Can the individual delegate PIT settlement to the company?

Answer:

In accordance with Circular No. 92/2015/TT-BTC dated June 15, 2015, issued by the Ministry of Finance, providing guidance on the implementation of value-added tax (VAT) and PIT for resident individuals engaged in business activities, and guiding the implementation of certain provisions on PIT as amended, supplemented by Law No. 71/2014/QH13, and Decree No. 12/2015/NĐ-CP dated February 12, 2015, issued by the Government, providing detailed regulations for the implementation of the Law amending, supplementing some articles of tax laws and amending, supplementing some articles of decrees on taxes (applicable for tax periods from 2015 onwards):

=> In the case where an employee of the company has income from both business activities (subject to a fixed tax payment) and sole income from salary or wages paid by the company, the employee can delegate the settlement of PIT from salary or wages to the company.

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