The Ministry of Finance is seeking opinions on the draft Decree detailing a number of articles of the Personal Income Tax Law No. 109/2025/QH15, which proposes many new contents related to income from capital transfer, securities, real estate and family deductions.
Supplementing regulations on income from share transfer of unlisted companies
According to the Ministry of Finance, the Personal Income Tax Law No. 109/2025/QH15 stipulates that income from capital transfer includes income from capital transfer in economic organizations, income from securities transfer and income from capital transfer in other forms.
For the transfer of capital in economic organizations and capital transfer in other forms, the tax calculation method still inherits current regulations, that is, the tax is determined by taxable income multiplied by a tax rate of 20% for each transfer. Taxable income is determined by the transfer price minus the purchase price and related reasonable costs. In case the purchase price and related costs cannot be determined, the tax will be determined by the selling price multiplied by a tax rate of 2%.
The draft also supplements regulations for income from the transfer of shares of companies that are not public companies or are not listed. These transactions are considered to have a similar nature to capital transfer, so the tax calculation method according to taxable income with a tax rate of 20%, or 2% on the selling price if the purchase price and cost cannot be determined.
For securities transfers, continue to apply a tax rate of 0.1% on the transfer price of each transaction as currently. This regulation aims to encourage enterprises to list and register for official trading on the Stock Exchange, contributing to developing the stock market into a medium and long-term capital mobilization channel of the economy.
Clarify the method of calculating real estate transfer tax
Regarding income from real estate transfer, the Personal Income Tax Law stipulates that tax is determined by the transfer price multiplied by a tax rate of 2%. The draft Decree proposes to detail the transfer price of real estate as the price recorded in the contract at the time of transfer.
In case the contract does not state the price or the price is lower than the price according to the land price list and the land price adjustment coefficient, the transfer price shall be determined according to the land price list issued by the competent authority at the time of transfer.
For cases of transferring land use rights and assets attached to land, if the value of houses and works is lower than the registration fee calculation price prescribed by the Provincial People's Committee, this value part will be determined according to the registration fee calculation price. In case works are formed in the future, the value is determined according to the capital contribution ratio on the total contract value multiplied by the registration fee calculation price of the works.
The draft also clearly stipulates the time to determine taxable income from real estate transfer depending on each case, such as the time the transfer contract takes effect, the time of registration of ownership or the time of submitting tax declaration dossiers.
28 million VND/month income may not be subject to tax
A noteworthy content in the draft is the proposal to add a deduction for medical and educational costs when calculating personal income tax.
According to the Law on Personal Income Tax No. 109/2025/QH15, the family deduction for the taxpayer themselves is 15.5 million VND/month, and the deduction for dependents is 6.2 million VND/month. In addition to insurance and charity expenses as before, the draft proposes to allow additional deductions for medical and educational expenses.
The Ministry of Finance proposed two deduction options. The second option proposes a maximum deduction of medical expenses of 23 million VND/year and education and training expenses of 24 million VND/year.
According to calculations by the Ministry of Finance, in cases where a taxpayer has one dependent and incurs medical and educational expenses at the maximum level, the total deduction may reach about 307.4 million VND/year. At that time, people with an income of about 28 million VND/month may not have to pay personal income tax, only when the income is about 28.63 million VND/month will tax obligations begin to arise.
However, the application of this option may reduce state budget revenue by about 7,697 billion VND per year. However, the policy is assessed to contribute to reducing medical and educational costs for people, encouraging investment in these fields, improving the quality of human resources and improving social welfare.
