| MINISTRY OF FINANCE | SOCIALIST REPUBLIC OF VIET NAM |
| No. 27/2009/TT-BTC | Hanoi, February 06, 2009 |
CIRCULAR
ON DEFERMENT OF TIME FOR PAYMENT OF PERSONAL INCOME TAX
Pursuant to the Law on Personal Income Tax2 and its implementing guidelines;
Pursuant to Decree 118-2008-ND-CP of the Government dated 27 November 2008 on functions, duties, powers and organizational structure of the Ministry of Finance;
The Ministry of Finance hereby provides the following guidelines on deferment of time for payment of PIT:
Article 1. Taxpayers entitled to deferment of time for payment of PIT
1. Taxpayers entitled to deferment of time for payment of PIT stipulated in this Circular shall comprise:
- Resident individuals having taxable income from business, income from salary and wages, income from capital investments, income from capital transfers (including transfer of securities), income from copyright, income from franchises, income from inheritances, or income from receipt of a gift;
- Non-resident individuals having taxable income from capital investments, from capital transfers (including transfer of securities), income from copyright, or income from franchises.
2. Taxpayers not entitled to deferment of time for payment of PIT [shall comprise]:
- Resident individuals having income from real property transfers, or income being winnings or prizes;
- Non-resident individuals (including where they do not have a presence in Vietnam or depart from Vietnam prior to 30 June 2009) having income from business, income from salary and wages, income from real property transfers, income being winnings or prizes, income from inheritances, or income from receipt of a gift.
Article 2. Deferment of time for payment of PIT
1. The period of deferment shall be from 1 January 2009 to 31 May 2009 inclusive.
2. Determining the amount of PIT eligible for deferment of time for payment:
The amount of PIT eligible for deferment of time for payment shall be determined as follows:
2.1. With respect to income from salary and wages of resident individuals, the amount of PIT eligible for deferment of time for payment shall be the amount of PIT required to be deducted [and withheld] by the income-paying entities on a monthly basis or shall be the amount of PIT directly declared by individuals on a monthly basis (applicable to individuals required to directly declare tax).
2.2. With respect to income from capital investments, from capital transfers (including transfer of securities), from copyright or from franchises, the amount of PIT eligible for deferment of time for payment shall be the amount of PIT which must be declared or which income-paying entities must deduct [and withhold] on each occasion when income arises.
2.3. With respect to income from inheritances or income from receipt of a gift of resident individuals, the amount of PIT eligible for deferment of time for payment shall be the amount of PIT which must be declared on each occasion when income arises.
2.4. With respect to business income of resident individuals:
(a) In respect of cases where the amount of PIT is provisionally paid in each quarter:
