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blue-check Whether the discount offered for an agent is subject to PIT deduction or not

Official letter No. 1163/TCT-TNCN dated March 21st, 2016 of the General Department of Taxation regarding tax policy on expenditures on incomes of business individuals
Posted: 22/3/2016 3:21:20 PM | Latest updated: 11/4/2016 4:49:51 PM (GMT+7) | LuatVietnam: 3937 | Vietlaw: 248
VietlawOnline

The document is to reply to the question about whether personal income tax (PIT) is deducted or not and how to deduct PIT when an enterprise pays these amounts to agents that are individuals: payment discount, customer support meeting turnover, trading discount and sale promotion award.

Accordingly, with regard to the “payment discount” and “customer support meeting turnover”, when the enterprise pays these amounts to the individuals, it must deduct 1% PIT according to the provisions in Point 4 Annex 01 of Circular No. 92/2015/TT-BTCstatus2 and declare the payment made on behalf of the individuals under Form No. 01/CNKD

For the “trading discount” offered for an agent, it is exempt from PIT according to the guidelines provided in Official letter No. 4447/TCT-TNCN dated October 27th, 2015. PIT shall not be deducted in this case

With regard to the expenditure which is “sale promotion award”, PIT shall be deducted in accordance with the guidelines provided in Official letter No. 3929/TCT-TNCN dated September 23rd, 2015. Accordingly, the award’s value (regardless of in kind or in cash and if it is in cash, regardless of whether it is subject to ownership registration or not) shall be subject to PIT. The taxable value is the amount beyond VND 10 million; the amount under VND 10 million is exempt from tax.

Notes
The issue relating to PIT deduction when paying payment discount, customer support meeting turnover to an agent is also guided by the General Department of Taxation in Official letter No. 1162/TCT-TNCN dated March 21st, 2016 and Official letter No. 1164/TCT-TNCN dated March 21st, 2016.
Ms Phuong Thao (VietlawOnline.com)
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Published Vietlaw's Newsletter No. 248

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Chiết khấuCập nhật đến: 11-Oct-2022

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