In the latest draft of the revised Personal Income Tax Law recently sent to the Ministry of Justice for review, the Ministry of Finance has finalized the proposed personal income tax rate for income from capital transfer and securities transfer.
Accordingly, for income from securities transfer, the Ministry of Finance has withdrawn the proposal to impose a 20% tax rate on taxable income. Instead, the Ministry proposed to maintain the regulation of collecting personal income tax of 0.1% on the transfer price each time.
Stock price list (Photo: Huu Khoa).
Particularly for income from capital transfer, in this draft, the Ministry of Finance proposes two ways to calculate tax.
According to current regulations, capital transfer activities of resident individuals are subject to a tax rate of 20% on taxable income for each transfer. Taxable income from capital transfer is determined by the selling price minus the purchase price and reasonable expenses related to generating income from capital transfer.
For securities transfer and capital transfer activities of non-resident individuals, a tax rate of 0.1% is applied on the transfer price each time.
The Ministry of Finance said that in reality, there are problems with capital transfer activities of individuals. In many cases, the purchase price and related expenses cannot be determined. There are also cases where individuals declare the selling price equal to the purchase price to avoid paying tax...
In some countries, most types of capital income are taxable. However, the way and method of tax collection in each country is also very different. Some countries collect tax based on a percentage of the transfer price, some countries collect tax based on the income from the transfer, some countries apply different tax policies between listed and unlisted securities...
From this practice, as well as recent trends and experiences of other countries, the Ministry of Finance finds it necessary to conduct research to clearly stipulate the method of calculating tax and tax rates for income from capital transfers.
Therefore, in this draft, the Ministry of Finance proposes to maintain the regulation on personal income tax on income from capital transfer determined by multiplying taxable income by the tax rate of 20% for each transfer.
Taxable income from capital transfer is determined by selling price minus purchase price and reasonable expenses related to generating income from capital transfer.
At the same time, the Ministry proposed to add a regulation that in cases where the purchase price and costs related to capital transfer cannot be determined, personal income tax is determined by multiplying the selling price by the tax rate of 2% (applied uniformly to both resident and non-resident individuals).
Previously, in the Draft Law on Personal Income Tax (replacement), the Ministry of Finance planned to amend regulations on how to calculate personal income tax on capital and securities transfer activities.
The agency proposed that resident individuals transferring securities would be subject to a 20% tax rate on taxable income. This taxable income is determined by the selling price minus the purchase price and related reasonable expenses in the annual tax period.
In case the purchase price and costs related to the transfer cannot be determined, the tax amount will be equal to the tax rate of 0.1% multiplied by the securities sale price, each time.
For capital transfers, the agency also proposed to tax 20% on taxable income but calculated on a case-by-case basis. In case the purchase price and costs cannot be determined, the seller will be subject to a tax rate of 2%.
Source: https://dantri.com.vn/kinh-doanh/bo-de-xuat-ap-thue-20-tren-lai-ban-chung-khoan-hang-nam-20250904155637989.htm
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