Pursuant to Article 9 of Circular No. 111/2013/TT-BTC dated August 15, 2013 of the Ministry of Finance guiding the implementation of the Law on Personal Income Tax, the Law amending and supplementing a number of articles of the Law on Personal Income Tax and Decree No. 65/2013/ND-CP of the Government detailing a number of articles of the Law on Personal Income Tax and the Law amending and supplementing a number of articles of the Law on Personal Income Tax:
“Article 9. Deductions
- Family allowances
…c) Principles for calculating family allowances
c.2) Family allowances for dependents
c.2.1) Taxpayers are entitled to family allowances for their dependents if the taxpayer has registered for tax and is granted a tax identification number.
c.2.2) When the taxpayers register for family allowances for dependents, the tax authority will issue a tax identification number for the dependent and be temporarily calculated for family allowances in the year from the date of registration. Dependents who have been registered for family allowances before the effective date of this Circular will continue to receive family allowances until they are granted a tax identification number.
c.2.3) If the taxpayers have not yet calculated the family allowances for the dependents in the tax year, the deduction for the dependents shall be calculated from the month in which the raising obligation arises when the taxpayers make the tax finalization and register for family allowances for the dependents. Particularly for other dependents as guided in Item d.4, Point d, Clause 1 of this Article, the deadline for registration for family allowances is December 31 of the tax year, past the above-mentioned time limit shall not be counted for family allowances for that tax year.
c.2.4) Each dependent can only be deducted once for each taxpayer in the tax year. In case many taxpayers have the same dependents to take care of, the taxpayers themselves agree to register for family allowances in one taxpayer.”
Pursuant to the above provisions, for example, if the dependent who is a biological child has not yet registered for family allowances in the tax year, the deduction for dependents shall be calculated from the month in which the raising obligation arises when the taxpayer makes personal income tax finalization and registers for family allowances according to the guidance in Item c.2.3, point c, Clause 1, Article 9 of Circular No. 111/2013/TT-BTC mentioned above.
And in the year, each dependent can only be deducted once for one taxpayer, not allowed to transfer the dependent to another person in the tax year. You need to wait until the end of the tax year to transfer to another one.