TÀI SẢN NHẬN TỪ THỪA KẾ CÓ PHẢI NỘP THUẾ?

1. Are inherited assets subject to tax?

According to Circular No. 111/2013/TT-BTC, income from inheritance is subject to personal income tax (PIT), including:

Securities: Shares, bonds, rights to purchase, etc.
Capital contributions in enterprises, cooperatives, and similar entities;
Real estate: Land use rights, housing, etc.;
Assets requiring ownership registration: Vehicles, ships, etc.
However, under the Personal Income Tax Law, the following inheritance relationships are exempt from PIT:

Between spouses;
Between biological parents and children;
Between adoptive parents and adopted children;
Between in-laws (parents-in-law and children-in-law);
Between grandparents and grandchildren;
Between siblings.
Conclusion: If the inherited asset falls under taxable categories, the recipient is obligated to pay PIT, unless exempt under the law.

2. How is personal income tax calculated for inherited assets?

For resident individuals:

Tax payable = Taxable income × 10%

Taxable income: The value of the inherited asset exceeding VND 10 million per transaction.
Valuation of assets:
Securities: Based on reference prices on the stock exchange or the issuing company’s accounting books.
Capital contributions: Based on the enterprise’s latest accounting records.
Real estate:
Land: According to the land price list issued by the provincial People’s Committee.
Houses/structures: According to government pricing or remaining asset value.
Time of tax determination: When registering ownership or usage rights.
For non-resident individuals:

Tax payable = Taxable income × 10%

Taxable income: Same as for resident individuals.
Tax is applied to the value exceeding VND 10 million per instance.
Time of tax determination: When registering ownership or usage rights in Vietnam.

Ensures estate protection in the absence of an heir or estate administrator.