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blue-check Regarding withholding tax upon selling shares in Vietnam

Official letter No. 37870/CTHN-TTHT dated August 1st, 2022 of the Department of Taxation of Ha Noi city regarding tax declaration made by a foreign contractor
Posted: 3/8/2022 12:58:50 PM | Latest updated: 8/8/2022 6:08:14 PM (GMT+7) | LuatVietnam: 5509
VietlawOnline

If a company outside Vietnam transfers shares in Vietnam, it has to pay withholding tax according to Circular No. 103/2014/TT-BTC .

However, the company shall be exempt from withholding tax in terms of value added tax (point d clause 8 Article 4 of Circular No. 219/2013/TT-BTCstatus2 )

With regard to withholding tax in terms of enterprise income tax (EIT), if this is the capital transfer activity, EIT shall be calculated and paid according to Article 14 of Circular No. 78/2014/TT-BTCstatus2 (amended at Article 8 of Circular No. 96/2015/TT-BTCstatus2 ).

If this is the activity of securities transfer, payable EIT shall be determined according to the regulations at Article 4, Article 13 of Circular No. 103/2014/TT-BTC.

The EIT declaration shall be carried out according to Article 8, Article 11 of Decree No. 126/2020/ND-CP .

Ms Phuong Thao (VietlawOnline.com)
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