On August 15, 2013, the Ministry of Finance issued Circular 111/2013/TT-BTC guiding the implementation of the Law on Personal Income Tax, the amended Law on Personal Income Tax and Decree 65/2013/ND-CP, including regulations on Income is not subject to personal income tax.
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Specifically, in Circular 111/2013/TT-BTC, allowances and benefits for employees are income subject to personal income tax, except for the following allowances and benefits:
- Monthly allowances, preferential allowances and one-time allowances according to the provisions of law on incentives for people with meritorious services;
- Monthly allowance, one-time allowance for those participating in the resistance war, defending the homeland, doing international missions, and youth volunteers who have completed their tasks;
- National defense and security allowances; subsidies to the armed forces;
- Toxic and dangerous allowances for industries, occupations or jobs in the workplace with toxic and dangerous elements;
- Attraction allowances, regional allowances;
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- Unexpected hardship allowance, allowance for labor accidents, occupational diseases, one-time allowance for giving birth or adopting a child, maternity benefits, convalescence benefits, post-pregnancy recovery property, benefits due to loss of working ability, one-time retirement benefits, monthly survivor benefits, severance benefits, job loss benefits, unemployment benefits and other benefits according to the regulations of the Ministry Labor Law and Social Insurance Law;
- Subsidies for social protection subjects according to the provisions of law;
- ...
Note: In case the allowance or subsidy received is higher than the allowance or subsidy according to the above instructions, the excess must be included in taxable income..
Thus, for benefits from maternity benefits such as one-time benefits when giving birth or adopting a child, maternity benefits, convalescence benefits, and post-maternity recovery according to regulations. of the Labor Code and Social Insurance Law will not be subject to personal income tax.
Circular 111/2013/TT-BTC takes effect from October 1, 2013.
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