Personal Income Tax Levied on Real Estate Business in Vietnam: Reality and Some Recommendation
DOI:
https://doi.org/10.55908/sdgs.v11i11.1489Keywords:
tax, personal income tax (PIT), real estate, PIT on real estate trading, VietnamAbstract
Objective: The provisions of Personal income tax (PIT) on real estate are still inadequate and incompatible with the practice of economic and social development in Vietnam. Due to that fact, this scientific article researches the status quo of provisions of PIT levied on real estate to come up with some recommendations to perfect the law.
Theoretical framework: Recent literature points out that PIT on real estate plays very important role in the development of Vietnam's economy, and society. However, in the current stage of development, from the influence and impact of international integration, in reality, the provisions of PIT on real estate are still inadequate. In there, limits and problems in regulations about PIT on real estate have caused many difficulties when applied. On the other hand, in the context of judicial reform in Vietnam, the issue of complete law system has always been paid special attention by the Party and Vietnam State.
Method: The authors have used a combination of traditional research methods of the social sciences and legal sciences such as legal analysis method, the legal efficiency evaluation method, and comparative legal method to achieve the objectives of the research.
Results: Research results have determined that the provisions of PIT on real estate are still inadequate, and affect the state budget, and the economy, society in Vietnam.
Conclusion: PIT on real estate is an important source of revenue for the state budget. At the same time, this is a tax that has great impact and influence on economic and social development and taxpayers. However, current regulations on PIT on real estate still have some shortcomings, limitations, and are not consistent with the practical situation of real estate transfer transactions in Vietnam.
Research implications: The results of the research contribute to proposing a number of solutions to improve the law on PIT on real estate in Vietnam.
Originality/value: The research of the PIT on real estate become more and more urgent and very important in Vietnam.
References
ARNOLD, J. (2012). “Improving the Tax System in Indonesia”. OECD Economics Department Working Papers, No. 998.
BAHL, R. (2009). “Property Tax Reform in Developing Countries and Countries in Transition: A Multiple Case Study Approach”. Public Budgeting & Finance, 29 (1), 22-45.
CABRAL, M., & HOXBY, C. (2012). “The Hated Property Tax: Salience, Tax Rates, and Tax Revolts”. NBER Working Paper Series, No. 18514.
FELD, L. P., & HECKEMEYER, J. H. (2011). “FDI and Taxation: A Meta-Study”. Journal of Economic Surveys, 25 (2), p. 233-272.
GARNOV, A., ORDOV, K., CHELUKHINA, N., PEREPELITSA, D., & ASYAEVA, E. (2022). “Innovative Financial Economic Stimulation Tools For ESG-Transformation of a Company: opportunities for application and specifics of regulation”. Journal of Law and Sustainable Development, 10(2), e0219. https://doi.org/10.37497/sdgs.v10i2.219 , p. 02.
GENERAL DEPARTMENT OF TAXATION (2011). “Official Dispatch No. 3373/TCT-TNCN of the General Department of Taxation”. Dated September 20, 2011: Guiding the calculation of personal income tax for real estate transfers through authorization contracts.
HANOI LAW UNIVERSITY (2018). “State Budget Law Textbook”. Publishing House People's Police, p. 07.
HANOI LAW UNIVERSITY (2020). “Vietnam Tax Law Textbook”. Publishing House People's Police, p. 256.
MARTINEZ-VAZQUEZ, J., & VULOVIC, V. (2011). “Taxation and the Shadow Economy”. International Center for Public Policy Working Paper Series, No. 11-07.
MINISTRY OF FINANCE (2013). “Circular No. 111/2013/TT-BTC of the Ministry of Finance”. Dated August 15, 2013: guiding the implementation of the Law on Personal Income Tax, the Law amending and supplementing a number of articles of Personal Income Tax Law and Decree No. 65/2013/ND-CP of the Government detailing a number of articles of the Personal Income Tax Law and the Law amending and supplementing a number of articles of the Personal Income Tax Law core.
NATIONAL ASSEMBLY. “Personal Income Tax Law 2007 (amended in 2012, 2014)”.
NORREGAARD, J. (2013). “Taxing Immovable Property: Revenue Potential and Implementation Challenges”. IMF Working Paper, no. 13/129.
NHUNG, D. H. ., NHUNG, K. T. T. ., & DU, P. (2023). “Corporate income tax for enterprises owning investment project in Vietnam industrial parks”. Lex Humana (ISSN 2175-0947), 15(3), 591–608. Retrieved from https://seer.ucp.br/seer/index.php/LexHumana/article/view/2682 , p. 593.
NGUYEN MINH HANG (editor 2011). “Public Finance Law Textbook”. Publishing House Vietnamese Education, p. 119 - 121.
NGUYEN VINH HUNG (2020). “Law on Personal Income Tax: Some inadequacies and recommendations”. Vietnam journal of Science and Technology, Volume 62, No. 4, p. 28.
NGUYEN THI LAN HUONG (2016). “Tax Law: Theory, history, current situation and comparison”. Publishing House National Politics, p. 05.
TOLKACHEW, I., KOTOV, A., CHELUKHIANA, N., ASYAEVA, E., & PEREPELITSA, D. (2023). “Green economy and esg in russia: project evaluation criteria, risk analysis and management methods”. Journal of Law and Sustainable Development, 11(1), e0265. https://doi.org/10.37497/sdgs.v11i1.265 , p. 03.
TUOI TRE ELECTRONIC NEWSPAPER (2016). “Regulations on ownership for 183 days make taxpayers unjust”. Access source: https://tuoitre.vn/quy-dinh-so-huu-du-183-ngay- khien-nguoi-nha-nop-thue-oan-1086163.htm, accessed September 19, 2023.
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