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

DO EMPLOYEES NEED TO PAY PERSONAL INCOME TAX WHEN OBTAINING HEALTH INSURANCE?
Posted date: 01/06/2021

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


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