Circular Amending and Supplementing Circular No. 40/2021/TT-BTC ON TAX MANAGEMENT FOR BUSINESS HOUSEHOLDS, BUSINESS PERSONS
On November 15, 2021, the Ministry of Finance issued Circular No. 100/2021/TT-BTC amending and supplementing a number of articles of Circular No. 40/2021/TT-BTC dated June 1, 2021 of the Ministry of Finance. The Minister of Finance shall guide Value Added Tax, Personal Income Tax and tax management for business households and individuals.
Amendments and supplements include:
AMENDING CLAUSE 3 ARTICLE 7:
“3. If the flat household has been notified by the tax authority of the flat tax payable from the beginning of the year, the flat household shall pay tax according to the notice. In case the contracted household has been notified of the tax amount from the beginning of the year, but in the year it stops or suspends its business, the tax authority shall adjust the payable tax amount according to the guidance at Point b.4, Point b.5 Clause 4 of this Article. 13 This Circular. In case the contracted household has just started doing business in the year (doing business for less than 12 months in the calendar year), the contracted household is subject to VAT and must pay PIT if the business turnover in the year is over 100 million VND; or are not subject to VAT or PIT if they have a business turnover of 100 million VND or less in the year.”
MODIFY POINT D, POINT E CLAUSE 1 ARTICLE 8:
“dd) Organizations, including the owners of E-commerce trading floors, make tax declarations on behalf of individuals, on the basis of authorization according to the provisions of civil law;
e) Individuals declare tax on behalf of individuals, pay taxes on behalf of individuals who are taxpayers on the basis of authorization according to the provisions of civil law.”
AMENDING POINT C CLAUSE 1 ARTICLE 9:
“c) Individuals who only have property leasing activities and the rental period is not for a full year, if they generate rental revenue of 100 million VND/year or less, they are not required to pay VAT and are not required to pay tax. TNCN. In case the lessee pays the rent in advance for many years, the revenue level to determine whether an individual must pay tax or not pay tax is the one-time payment amortized according to the calendar year.”
ADDITIONAL CLAUSE 5 ARTICLE 17:
“5. Developing solutions and roadmaps for providing information in electronic form from e-commerce trading floors to tax authorities for the purpose of building a database on tax management by risk, ensuring requirements on information security in accordance with regulations, creating favorable conditions for the operation of the E-commerce Exchange. The General Department of Taxation provides guidance on sharing and providing information between tax authorities and E-commerce exchanges.
ADDITIONAL CLAUSE 6 ARTICLE 18:
“6. In case the organization that is the owner of the E-commerce Exchange does not declare tax on behalf of a business individual through the E-commerce Exchange on the basis of authorization under the provisions of civil law, the Tax Department coordinate with the E-commerce Exchange in sharing and providing information of business individuals through the Floor according to the guidance of the General Department of Taxation for tax management in accordance with the law.”
This Circular takes effect from January 1, 2022.
DETAILS SEE IN ATTACHMENTS
Text download link:: https://www.mediafire.com/file/xgk52uem5ye18ft/FAT+Audit_TT+100_2021_TT-BTC_Sua+doi+TT+40_2021_TT-BTC.doc/file.
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