Decree No. 30-CP amends some articles of Decree No. 05/CP of 1995 on income tax for high-income individuals. It changes the method of calculating tax for occasional income and specifies the rates of tax applicable.
Đối tượng áp dụng
High-income individuals in Vietnam include Vietnamese citizens and other individuals residing in Vietnam.
Các điểm cốt lõi
- Vietnamese citizens and individuals residing in Vietnam must pay occasional income tax according to a progressive scale; if the remaining income exceeds 8,000,000 VND per month, they must pay an additional 30% on the amount exceeding 8,000,000 VND.
- Income from gifts and donations in kind from abroad does not require payment of occasional income tax.
- Income from technology transfer under individual contracts does not require payment of occasional income tax by the recipient.
- Income from copyright royalties for literary and artistic works shall be subject to a progressive scale as prescribed in the Ordinance amending certain provisions of the Ordinance on Income Tax for High-Income Individuals.
- Lottery winnings shall be subject to a progressive scale as prescribed in the Ordinance amending certain provisions of the Ordinance on Income Tax for High-Income Individuals.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Reduces the tax burden for individuals receiving gifts and donations and technology transfers.
- Negative impact: Increases tax costs for high-income individuals.
❓ Câu hỏi thường gặp
Is income from gifts and donations from abroad subject to tax?
No, individuals receiving gifts and donations from abroad are not required to pay occasional income tax.
If the remaining income exceeds 8,000,000 VND per month, what is the additional tax rate?
The additional tax rate is 30% on the amount exceeding 8,000,000 VND.
When does this Decree take effect?
This Decree takes effect from February 18, 1997.
Must individuals receiving gifts and donations from abroad before April 1, 1995 pay tax?
No, this Decree stipulates that individuals receiving such gifts and donations from April 1, 1995 to before February 18, 1997 must fully remit to the State budget.
How is the progressive scale applied to income from copyright royalties for literary and artistic works?
Apply the progressive scale as prescribed in the Ordinance amending certain provisions of the Ordinance on Income Tax for High-Income Individuals.
Toàn văn
DECREE
DECREE NO. 30-CP OF APRIL 5, 1997 AMENDING SOME ARTICLES OF DECREE NO. 05/CP OF JANUARY 20, 1995 OF THE GOVERNMENT PROVIDING DETAILED REGULATIONS ON THE IMPLEMENTATION OF THE LEGISLATION ON INCOME TAX FOR HIGH INCOME INDIVIDUALS
THE GOVERNMENT
Pursuant to the Government Organization Law dated September 30, 1992;
Pursuant to the Ordinance amending some articles of the Ordinance on income tax for high income individuals adopted by the Standing Committee of the National Assembly on February 6, 1997;
At the proposal of the Minister of Finance,
DECREE:
Article 1. Amends some Articles of Decree No. 05/CP dated January 20, 1995 of the Government providing detailed regulations on the implementation of the Ordinance on income tax for high income individuals as follows:
Article 2, Clause 2 of the Decree is amended as follows:
"2. Occasional income:
Income from gifts in kind sent from abroad to individuals in Vietnam under various forms.
Income from technology transfer according to each contract, including: Transfer of ownership or right to use intellectual property objects; transfer through the sale and supply of technical secrets, technological plans, brand names...; provision of supporting and consulting services for technology, transfer of the use or right to use industrial, commercial or scientific equipment.
Income from technical design for construction, industrial technical design and other services.
In the case where gifts are technology transfers or intellectual property rights, the individual receiving such gifts does not have to pay occasional income tax.
Income from copyright royalties for literary and artistic works.
Lottery winnings."
Article 7, Clause 1 of the Decree is amended as follows:
"1. Vietnamese citizens residing in Vietnam and other individuals settled in Vietnam shall apply the progressive tax rate table provided for in Clause 3, Article 1 of the Ordinance amending some articles of the Ordinance on income tax for high income individuals adopted by the Standing Committee of the National Assembly on February 6, 1997; after paying taxes according to this table, if the remaining income exceeds 8,000,000 VND per month, an additional 30% tax shall be paid on the amount exceeding 8,000,000 VND."
Article 2. This Decree takes effect from February 18, 1997. For income tax on gifts in cash from abroad received from April 1, 1995 to February 17, 1997, individuals must fully pay it into the State budget.
All previous regulations contrary to this Decree are hereby abolished.
Article 3. The Ministry of Finance shall provide detailed regulations to implement this Decree./.
Phan Van Khai
(Signed)
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