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REFERENCING CORPORATE INCOME TAX AND PERSONAL INCOME TAX POLICIES RELATED TO PAYMENT FOR BUSINESS TRIPS

+ Pursuant to Article 4 of Circular 96/2015/TT-BTC dated June 22, 2015 of the Ministry of Finance stipulating expenses that are deductible when determining income subject to Corporate Income Tax:

“… Allowance for employees on business trips, allowance for travelling and accommodation of employees on business trips will be deductible expenses when calculating taxable income if they have adequate invoices. If the enterprise pays for the traveling, accommodation, and allowance of employees on business trips in accordance with its financial regulations or rules, such amounts will be deductible.

…”

+ Pursuant to Point 4.2, Clause 2 of Article 2 of Circular 111/2013/TT-BTC dated August 15, 2013 of the Ministry of Finance stipulating the level of flat expenditure not included in taxable income:

dd.4) Flat expenditures on stationery, business trips, phone calls, costumes, etc. that are in excess of the limits prescribed by the State. Flat expenditures are not included in taxable income in the cases below:

d.4.1) For the officials and employees in public service agencies, communist party’s agencies, associations: the flat expenditure shall apply guiding documents promulgated by the Ministry of Finance.

d.4.2) For the employees working in businesses and representative offices: the flat expenditure shall conform to the income that incurs corporate income tax and guiding documents of the Law on Enterprise income tax.”

1) Based on the above regulations, from 2015, if the enterprise pays for the traveling, accommodation, and allowance of employees on business trips in accordance with its financial regulations or rules, such amounts will be deductible when determining income subject to corporate income tax (invoices are not required).

2) Payments for business trips according to Circular 96/2015/TT-BTC are not controlled at the same level as Circular 78/2014/TT-BTC.

3) Payments for business trips for employees working in business organizations according to Circular 96/2015/TT-BTC are not included in income subject to Personal Income Tax.