Now, let’s consider a few different scenarios.
Scenario 1
Your employee is assigned to Vietnam to set up a factory. What do you need to do?
Scenario 2
Let’s say your employee wishes to resign from your company and go to work in another company. What needs to be
done?
Scenario 3
An employee of yours, unfortunately, passed away unexpectedly.
What to do?
Scenario 1: Pursuant to section (s.) 83(4) of the Income Tax Act (ITA) 1967, you will have to submit Form
21 to notify the IRB as to the employee’s departure. Other than that, you have to do it at least 30 days before the expected date of departure.
Scenario 2 and Scenario 3: For both these scenarios, s.83(3) ITA 1967 applies. For private sector companies, Form 22A has to be submitted; for public sector companies, Form 22B has to be submitted. In the event of cessation of employment, the form should be submitted at least 30 days before the date of employment termination. If it is concerning the death of an employee, the employer should submit
the notification not more than 30 days after being informed of the death.
Forms 21, 22A, and 22B are prescribed under s.152
of the ITA 1967.
The chart flow below outlines the TCL application process briefly.