DO EMPLOYEES NEED TO PAY PERSONAL INCOME TAX WHEN OBTAINING HEALTH INSURANCE?

My company has bought health insurance for employees who work directly or have exposured chemicals. If I am bought this insurance, do I have to pay personal income tax? Looking forward to your consultant.

FDVN’s Opinions

Thank you for sending your questions to FDVN Law Firm (FDVN). For your consulting requirements, after studying the relevant laws, FDVN would like to give you the opinion as follows:

It is stipulated in Point dd.2 Clause 2 Article 2 of Circular No. 111/2013 / TT-BTC dated August 15, 2013, of the Ministry of Finance guiding on personal income taxable incomes that:

“dd) Other benefits in cash or not in cash apart from wages paid to the taxpayer by the employer in any shape or form:

dd.2) The life insurance premiums, other optional insurance premiums, contributions to the voluntary pension fund paid or made by the employer on the employee’s behalf.”

Besides, Clause 3, Article 11 of Circular No. 92/2015 / TT-BTC dated June 15, 2015, clearly states: “If the employer buys optional insurance without accrual of premiums for employees (including insurance of insurers that are not established under Vietnam’s law but permitted to sell insurance in Vietnam), such premiums shall not be included in the taxable income of employees.”

According to the above guidance, the health insurance that the employer buys for the employee is optional insurance without accrual of premiums for employees and it is not included in the taxable income of the employees.

The above opinion is FDVN’s opinion related to your request. Hopefully, it will be useful to you.

Hoàng Trần Ngọc Anh - FDVN Law Firm

CONTACT US:

Lawyers in Da Nang:

99 Nguyen Huu Tho, Quan Hai Chau, Da Nang city

Lawyers in Hue:

56A Dien Bien Phu, Hue City, Thua Thien Hue

Lawyers in Phu Quoc:

65 Hung Vuong, Duong Dong town, Phu Quoc island district

Lawyers in Quang Ngai:

359 Nguyen Du, Quang Ngai City, Quang Ngai Province.

Lawyers in Ha Noi

Room 501, 5th Floor, No. 11, Lane No. 183, Dang Tien Dong Street, Dong Da District, Ha Noi

Lawyers in Nghe An

 No. 19 V.I Lenin street, Vinh City, Nghe An Province

Website: www.fdvn.vn    www.fdvnlawfirm.vn  www.diendanngheluat.vn  www.tuvanphapluatdanang.com

Email: fdvnlawfirm@gmail.com    luatsulecao@gmail.com

Phone: 0935 643 666    –  0906 499 446

Fanpage LUẬT SƯ FDVN: https://www.facebook.com/fdvnlawfirm/

Legal Service For Expat:  https://www.facebook.com/fdvnlawfirmvietnam/

TỦ SÁCH NGHỀ LUẬT: https://www.facebook.com/SayMeNgheLuat/

DIỄN ĐÀN NGHỀ LUẬT: https://www.facebook.com/groups/saymengheluat/