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Sell an only apartment, How to be confirmed to get tax exemption?

Fri, 11 May 2018 16:22:08 PM GMT + 7    Print   Email   Share:

(Chinhphu.vn) – Ms. Vu Thi Mai Van (in Hanoi) wants to transfer an apartment. According to her, the transfer will be exempted personal income tax (PIT) if she proves she has a only house. Ms. Van would like to ask, so how does she need to confirm and prove to get tax exemption?

Regarding this issue, The Ministry of Finance has the following opinions:

Pursuant to Article 3 of the Finance Ministry's Circular No. 111/2013 / TT-BTC dated August 15, 2013 on tax-exemption incomes:

 “1. Pursuant to Article 4 of the Law on Personal income tax and Article 4 of the Decree No. 65/2013/

b) Incomes from transferring houses, rights to use land and property on land of the person if only one house or right to use of only one land plot in Vietnam is transfer.

b.1) The person that transfers the house and right to use land that is tax-free as prescribed in Point b Clause 1 of this Article must meet all conditions below:

b.1.1) Only one house or one land plot (whether with or without property thereon) is transferred, in particular:

 b.1.1.1) The house ownership and right to use land shall be determined based on the certificate of rights to use land, ownership of house and other property on land.

b.1.1.2) If the house ownership or rights to use land are shared, the person that has no ownership of houses or rights to use land in other areas shall be eligible for tax exemption, the person that has ownership of houses or rights to use land in other areas is not eligible for tax exemption.

 b.1.1.3) If the house or rights to use land is the marital property and only property of the husband and wife, the person that has no other private house or land is eligible for tax exemption, the person that has another private house or land is not eligible for tax exemption.

b.1.2) The house or rights to use land has been possessed for at least 183 days before they are transferred.

 

  • By : Online Newspaper of the Government / Translator: HaiYen-Bizic

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