Surcharges not subject to personal income tax from 2026

Ái Vân |

The 2025 Personal Income Tax Law has stated regulations on allowances and subsidies that are not subject to personal income tax.

The National Assembly has passed the 2025 Personal Income Tax Law (Law No. 109/2025/QH15) effective from July 1, 2026. This Law stipulates taxpayers, taxable income, tax-exempt and tax-reduced income, and the basis for calculating personal income tax.

Regulations related to income from business, from salaries and wages of resident individuals apply from the tax period of 2026.

Clause 3 of the Law stipulates taxable income. In which, income from business, including:

Income from production and business activities of goods and services;

Income from independent professional activities of individuals with licenses or professional certificates as prescribed by law;

Income from agency, brokerage, and business cooperation activities with organizations;

Income from e-commerce business activities, digital platform-based business.

Clause 2, Article 3 stipulates taxable income from salaries and wages, including:

Salaries, wages and amounts of salary and wage nature;

remuneration, interests in cash or in cash in any form;

Other allowances, subsidies, and incomes excluding the following: allowances, subsidies according to the provisions of law on preferential treatment for people with meritorious services; national defense and security allowances; hazardous and dangerous allowances for industries, professions or jobs in workplaces with hazardous and dangerous elements; attraction allowances, regional allowances according to the provisions of law; allowances, subsidies, and living expenses paid by Vietnamese agencies abroad; unexpected difficulty allowances, occupational accident and disease allowances, one-time allowances when giving birth or adopting children, allowances due to reduced working capacity, one-time retirement allowances, monthly death benefits and other allowances according to the provisions of law on social insurance; severance allowances, job loss allowances; social protection allowances and other allowances, subsidies, and incomes not of salary or wage nature prescribed by the Government.

Also in Article 3, regulations on taxable income include income from capital investment; Income from capital transfer; Income from winning prizes; Income from royalties; Income from franchises; Income from inheritance, gifts of securities, capital in economic organizations, business establishments, real estate and assets that must be registered for ownership or registered for use; Other income.

Ái Vân
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