Registering for family deductions for parents is quite common, however not everyone knows the specific conditions, documents and procedures?
How old do parents have to be to get family deduction in 2023?
According to Point b, Clause 3, Article 19 of the Law on Personal Income Tax 2007, parents who are past working age/incapable of working and whom the taxpayer is responsible for raising are dependents of the taxpayer.
According to the provisions in section d.3, point d, clause 1, Article 9 of Circular 111/2013/TT-BTC, the taxpayer's biological parents; father/mother-in-law; stepfather/stepmother; legal adoptive parents must meet the following conditions to be considered dependents:
Case 1, for people of working age, must fully meet the following conditions: Disability, unable to work; No income/average monthly income in the year from all sources of income ≤ 1 million VND.
Case 2, for people outside working age: No income/average monthly income in the year from all sources of income ≤ 1 million VND.
Working age is determined based on retirement age, Clause 2, Article 169 of the 2019 Labor Code stipulates as follows: The retirement age of employees in normal working conditions is adjusted according to the roadmap until reaching 62 years old for male employees in 2028 and 60 years old for female employees in 2035. From 2021, the retirement age of employees in normal working conditions is 60 years and 3 months for male employees and 55 years and 4 months for female employees; then, each year increases by 3 months for male employees and 4 months for female employees.
Accordingly, in addition to the working age in 2023 for workers in normal working conditions, it is 56 years old for women and 60 years and 9 months old for men.
Documents proving family deduction for parents
Documents proving dependents for family deduction for biological parents, fathers, mothers-in-law, fathers, mothers-in-law, stepfathers, stepmothers, legal adoptive parents include the following documents according to section g.3, point g, clause 1, Article 9 of Circular 111/2013/TT-BTC as amended in Circular 79/2022/TT-BTC.
First, a copy of your ID card/citizen identification card.
Second, legal documents to determine the relationship of the dependent with the taxpayer such as: Photocopy of Certificate of residence information/Notification of personal identification number and information in the National Population Database or other documents issued by the Public Security Agency; Birth certificate, decision on recognition of father, mother, child by a competent State agency.
In case of working age, in addition to the above documents, the supporting documents must include additional documents proving that the person is disabled and unable to work, such as: For disabled people who are unable to work: Photocopy of Disability Certificate; For people with illnesses that make them unable to work (such as AIDS, cancer, chronic kidney failure, etc.), a copy of the medical record.
The deadline for submitting documents proving dependents is within 3 months from the date of submitting the dependent registration form (including cases of registration of changes to dependents).
After this deadline, taxpayers who do not submit documents proving dependents will not be entitled to deductions for dependents and must adjust the amount of tax payable.
Note, taxpayers only need to register and submit proof documents for each dependent once during the period of family deduction calculation.
If you change your workplace, you must register and submit documents proving your dependents as in the case of first-time dependent registration.
To register for family deductions for parents (dependents), taxpayers need to follow the instructions in Clause 10, Article 7 of Circular 105/2020/TT-BTC.
What is the family deduction in 2023?
Family deductions include family deductions for the taxpayer himself and family deductions for dependents.
The family deduction level in 2023 is implemented according to Resolution 954/2020/UBTVQH14, as follows: The deduction level for taxpayers is 11 million VND/month (132 million VND/year); The deduction level for each dependent is 4.4 million VND/month.
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