Declaration and Settlement of Personal Income Tax from Lottery Winnings

According to Circular 92/2015/TT-BTC, Article 21, Clause 2, Section b.1, amending and supplementing Section b.1, Clause 1, Article 16 of Circular 156/2013/TT-BTC on tax declaration and personal income tax payment, as follows:

“b) Tax Declaration Documents

b.1) Monthly, quarterly tax declaration documents

• Organizations and individuals who pay income subject to tax withholding on income from capital investment, securities transfer, royalties, franchising, lottery winnings of residents and non-residents, income from business operations of non-residents; organizations or individuals receiving capital transfers from non-residents must declare taxes using Form 06/TNCN attached to Circular 92/2015/TT-BTC. ... b.2) Tax finalization documents

b.2.2) Organizations and individuals paying income from capital investment, securities transfer, royalties, franchising, lottery winnings of residents and non-residents, income from business operations of non-residents; organizations or individuals receiving capital transfers from non-residents must finalize taxes using the following forms:

• Personal income tax finalization declaration form number 06/KK-TNCN attached to this Circular.”

Based on the above regulations, if the company runs a promotional lottery program as per the Commercial Law, the organization paying the prize is responsible for withholding personal income tax (PIT) from the lottery winners before awarding the prize. The company must also declare tax using Form 06/TNCN and finalize tax using Form 06/KK-TNCN. The company does not need to declare on Form 05-2/BK-TNCN because this is a supplementary list attached to Form 05/KK-TNCN for tax finalization on income from salaries and wages. When paying out the prize, the company must have complete information on the winner, including their personal tax identification number (TIN).

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