On March 1, 2024, the General Department of Taxation issued Official Dispatch No. 764/TCT-DNNCN on determining taxable income from sales brokerage service contracts
In case an individual is a non-resident foreigner, generates income, and signs a sales and product promotion brokerage service contract with a Vietnamese company:
- If the income of that foreign individual is determined to be income from independent practice activities in fields and occupations that are licensed or certified to practice according to the provisions of law, then the income of that foreign individual is foreign individuals that is income from business;
- If the income of that foreign individual is determined to be a goods sales agent commission or brokerage commission, then the foreign individual's income is taxable income from salaries and wages. ;
- In case there is a difference between the provisions of the Agreement and the provisions of domestic tax law, the provisions of the Agreement will apply.
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