Personal income tax for retired people - documents required.

Sorry I stand corrected. I recall now where I got that from And trying to do it for my wife and the ITIN was required.
And for the arrogant  THIGV it was just a few days ago you made some unfounded comment and it was totally wrong. Perhaps some of your own medicine :“look before you leap would have helped”.
  I have no problem being wrong or admitting that I am wrong.

Diazo :

And for the arrogant  THIGV it was just a few days ago you made some unfounded comment and it was totally wrong.

See post #12 on https://www.expat.com/forum/viewtopic.p … 15#3947960 just yesterday.  I am more than willing to admit when I am wrong.

And I did not see the need to chime in on your leaping before you knew what you were speaking about..... did I? You made an obvious mistake and it is all fine and good and does not need the extra narrative it would seem.

A sidebar to the entire conversation: the 183 day requirement may very well be why we can no longer renew our VEC’s in country perpetually like we once were able to. Now I can do it once a year at my local office, then I must exit. And in looking at what THIGV provide ironically the US has the same 183 day requirement for part of their laws also.

I'm Australian and live in Vietnam with my Vietnamese Wife.

The Vietnamese rule of 183 days making me liable to pay tax in Vietnam was a worry, so before I finished working in Australia, I fully researched everything I could and still relied on Tax Consultants to advise me, however, my (our) situations are all different and I couldn't find an expert and relied solely on the Australian Taxation Office for information - and they could only provide incorrect info or very limited info (and that limited info was from deputy tax commissioners).

I didn't want to pay no tax, only wanting to follow the rules and pay whatever I needed to.

I read the Duel Tax Treaty (also known as Agreement and some other names) and the different names and the way it was referred to was my first warning.  Gov't documents are like Gov't contracts that I've read, poorly written.

All the Duel Tax Treaties I read were very similar, which makes sense and they try and maintain some commonsense - strange coming from Gov't .  But easy to read and easy to translate.......

I read the Price Waterhouse and Cooper tax booklet for expats in Vietnam which is released each year on the internet and sent emails to both PWC and Deloit accountants asking if I would have to pay tax on my Super and bank interest in Vietnam.  I also sent my sister-in-law to ask her Vietnamese Gov't contacts in taxation the same question and both answers were no. 

The Duel Tax Treaty stated that I paid tax on Super (Private superannuation pension) in the country I was resident and I pay tax on my bank interest in the country it was in.  That meant I paid tax at 10% on my bank interest to Australia for tax.  If I sent my money to a Vietnamese Bank, I could get a better interest rate and pay no tax, however, don't wish to have all my assets in one country.  I got rid of Shares a long time ago and had only one house left in Australia at the time I started researching.  And I was always going to sell the last house, which I did before the Private Ruling was conducted.  Lucky it was beneficial to  cull my investments to make life very easy.   After speaking to the Australian Tax Office, I also arranged for a Private Ruling from them which consisted them asking me questions via email regarding my circumstances.  My Private Ruling is in place for 5 yrs, 2 yrs left on it and then I apply for another one.  Note it wasn't mandatory to have a Private Ruling but it has helped because Taxation Staff in Australia have major problems, takes 5 mths to do my tax each year.

Because I do not work here, I am not a resident of Vietnam except for the 183 days rule which in Vietnamese Tax Law, means I am a resident for Tax Purposes.  My Private Ruling in Australia states I am a non resident of Australia for tax purposes only, because I live in Vietnam for more than 183 days, making me liable to pay tax and therefore covers me on the Tax Treaty.

I provided no documents from Vietnam (since I wasn't liable to pay them tax, they were not interested) and only provided documents and statements from the Tax Treaty and PWC Tax Booklet for expats in Vietnam and Vietnamese tax Laws from the internet.

The commonsense rule is that if properties and shares are in another country - that is where you pay tax.  This is to stop people using other countries to not pay tax and since laws in paying tax can be so complicated with each country having different laws regarding it, that it would take too much time on each individual's yearly tax assessment which would hold up Staff in a Tax Office for too long.

Everything should be written in the Tax Treaty.

herb,  what you have just said is certainly right... for australian citizens. I am french and there is a treaty about taxes between France and Vietnam. The taxes upon capital gains in France have to be payed in Vietnam. It's super clear. It's why I am trying to be registered at the vietnamese PIT office in order to have a TIN (tax income number). Without this vietnamese TIN, France makes me pay the taxes upon capital gains as I was resident in France, that is unfair for me.
The problem is that vietnamese PIT office doesn't want to register me because I have no job in Vietnam...It's a Kafkaïen case...

How much higher is the French capital gains tax than the Vietnamese tax on capital gains?  If not much then why not just pay the tax in France?

THIGV :

How much higher is the French capital gains tax than the Vietnamese tax on capital gains?  If not much then why not just pay the tax in France?

To sum up (because it's very complicated to detail with all the cases) : - the double for the capital gains.
- five times more for the dividends.

France is one the countries in the world with the heaviest taxes upon capital gains and dividends.

I just deleted everything I was about to send you.

All I will say is, you can get a TIN if you pay a fee here.
Or you can get an extended 12 mth Visa once you get here which are normally used for Retirees.  I don't believe Vietnam has a visa called 'Retirement Visa'.  If you can get a Statement from a Visa Agent and have it stamped by his/her Gov't Office Approver stating that the Visa is issued because you are a recognised Retiree, it should make your French Tax Office happy - you're Retired and won't need a TIN.

You need to be in Vietnam to organise this.

I am in Vietnam. French PIT office doesn't care about visa. French PIT office wants my TIN. And impossible to get a TIN with vietnamese PIT office...

Laurent futur Nha Trang :

To sum up (because it's very complicated to detail with all the cases) : - the double for the capital gains.
- five times more for the dividends.

It all makes sense now.  My sympathies.

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