Circular No. 113/2011/tt-Btc: Modifying, Supplementing Circular No. 62/2009/tt-Btc On 27/3/2009, Circular No. 03/2009/tt-Btc On 11/01/2010 And Circular No. 12/2009/tt-Btc On 26/01/2011

Original Language Title: Thông tư 113/2011/TT-BTC: Sửa đổi, bổ sung Thông tư số 62/2009/TT-BTC ngày 27/3/2009, Thông tư số 02/2010/TT-BTC ngày 11/01/2010 và Thông tư số 12/2011/TT-BTC ngày 26/01/2011

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Pursuant to the law on personal income tax no. 04/2007/QH12 on November 21, 2007;

Pursuant to Decree No. 100/2008/ND-CP on 08 September 2008 of the Government detailing a number of articles of the law on personal income tax;

Pursuant to Decree No. 118/2008/ND-CP on November 27, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of finance;

The Finance Ministry revised guidance circular No. 62/2009/TT-BTC on 27/3/2009, circular No. 03/2009/TT-BTC on 11/01/2010 and circular No. 12/2009/TT-BTC on 26/01/2011 are as follows: article 1. Article 5 amendments to circular 63/2009/TT-BTC on 27/3/2009 revised guidance, additional circular No. 84/2008/TT-BTC dated 30/9/2008 of the Ministry of finance are as follows: The organization, individuals pay agents commissions on sale of goods; salary, wages, fees other service, money spent for perform personal services the total cost charged to the income from copper/1,000,000 times over, perform before paying tax deduction for personal income according to the following instructions:-apply the prorated deduction rate of 10% on the income paid to individuals the tax code and 20% for individuals with no code tax, except in the case of the Ministry of finance had written instructions from the temporary private deductible level (such as insurance agent commissions, Commission Lottery agents).

Organized labor contract, service contracts with individuals, organized labor contract, contract of service has the responsibility to inform the individual about the above deduction rate to individual procedures for tax code.

The tax agency made grants just tax code within 5 working days, from receipt of application for tax code.

-Individual cases only income subject to tax deduction (including insurance agents, Lottery agents) according to the above mentioned rate but estimated the total taxable income of individuals after except to the extent not scene must pay tax (for example individuals with no income to 48 million/year if single or under 67.2 million per year if 01 dependent reduced enough 12 months or under the 86.4 million per year if there are 2 dependent reduced enough, 12, ...) personal income, then make the commitment (form No. 23/BCK-ACCOUNTING attached to this circular) sent the organization pay income to the organization charged as a base for temporary income tax deduction not ACCOUNTING. Based on the commitment of the recipient of income, the organization charged the income is not tax deductible. The end of the year, the Organization pays the income still must provide the list of income and those not yet to the level of the tax deduction for the tax authorities. The individual making the commitment to be responsible about their commitment, have detected cases of fraud will be dealt with according to the provisions of the law on tax administration.

-The case of the Organization, the individual contract labour hire temporary from on 3, to under 12 months does not apply tax deductible according to the above mentioned rate which made the interim tax deductible according to Schedule on the properties of partially progressive, income.

Article 2. Amend article 5 circular No. 03/2009/TT-BTC on 11/01/2010 of the Ministry of finance as follows: "3.5.3. The determination of personal income tax for the transfer of individual rights to use land, houses, apartments and was granted land use right certificates; the certificate of house ownership, the apartments are as follows: a. the transfer Price is the actual price on the contract of assignment. The case on the contract of transfer does not transfer records or record the transfer price is lower than the price of land, the price charge before the home vessel by provincial people's Committee, the central cities (collectively, the provincial PEOPLE'S COMMITTEE) issued at the time of the transfer, the transfer price is determined by the price of land stamp fee calculation price, due to the provincial PEOPLE'S COMMITTEE.

b. the Price which includes the purchase price and related costs (the costs related to the grant of right to use land, home ownership; land improvement costs, home; the cost of building; the other related costs) which the taxpayer declaration must have the invoice, proof of legal proof.

c. the tax rate is 25% on income transfers (Transfer-Price capital).

Case price of capital (the purchase price and the costs involved) no invoice, full legal documents to prove the tax 2% according to the actual transfer price recorded on the contract of assignment; the case on the contract of transfer does not transfer records or record the transfer price is lower than the price of land, the price charge ahead of the provincial PEOPLE'S COMMITTEE by the home vessel regulations, the tax price retrieved as the land, the price charge ahead of the provincial PEOPLE'S COMMITTEE by the home vessel regulations. "

Article 3. Amend article 2 of circular No. 12/2009/TT-BTC on 26/01/2011 the Ministry of Finance as follows: 1. for floor purchase contracts, contracts had to have the right to buy the home, apartment, home background before the time of the enforcement effect of Decree No. 71/2010/ND-CP dated 23/6/2010 of the Government detailing and guiding the implementation of Housing Law now, the investor agrees to transfer the individual Declaration, the personal income tax of 25% on income.

The case of the transfer price recorded on the contract of assignment or the tax on the lower land prices, price ACCOUNTING charges due to the provincial PEOPLE'S COMMITTEE contacts before the regulation at the time of the transfer or no invoices, legal documents to prove the price which the tax authorities fix the conveyance tax and 2% on the transfer price. The transfer price is determined based on the price of land, the price charge ahead of the provincial PEOPLE'S COMMITTEE by the home vessel regulations.

2. for transfer of home purchase contracts in the form of personal future declaration and pay tax according to the tax rate of 25% on income. The case of the transfer price recorded on the contract of transfer, on a tax return is lower than the price of land, the price charge ahead by the provincial PEOPLE'S COMMITTEE transcript stipulated at the time of the transfer; at the same time without invoices and vouchers to legally prove the transfer price, the price which the tax authorities tax of 2% on the price of land, the price charge ahead of the provincial PEOPLE'S COMMITTEE by the home vessel regulations.

Article 4. Implementation: 1. This circular effect since enforcement on 19/9/2011. Removal instructions for individual income tax is contrary to the instructions in this circular.

2. In the process of implementation, if there arise problems suggest the Organization, personal reflections on the Finance Ministry (General Directorate of Taxes) to be addressed promptly.