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Repatriating Profits from Vietnam to the US: No DTA, GILTI, and the Third-Country Bridge

3 min readFLAT LAW FIRM

A practical scenario: a US company invests in a Vietnamese factory. Year-end, USD 10 million to repatriate — accounting asks: “How much does the Vietnam–US tax treaty cut withholding?” The answer: nothing — the treaty isn’t in force. Signed in 2015 but never ratified by the US — 11 years pending. Vietnam–US repatriation has no “treaty answer”.

1. The Vietnamese side: full contractor tax, no treaty relief

Outbound payments face foreign contractor tax (FCT) withheld at source (CIT + VAT). Treaty partners (Netherlands, Germany…) get reduced rates — but for the US, the DTA signed 7 July 2015 was never US-ratified → not in force — so full domestic rates apply, with no treaty-relief procedures and no MAP (mutual agreement procedure) for double-tax disputes. This is the biggest difference between the Vietnam–US and Vietnam–EU corridors.

2. The US side: GILTI, CAMT, and 21%

Repatriated profits face: 21% federal CIT; GILTI (minimum tax on global intangible income — from TCJA 2017, around 10.5%) — on “above-normal” foreign-subsidiary profits; CAMT 15% (alternative minimum tax — Inflation Reduction Act 2022, for groups with AFSI from USD 1bn). The US taxes worldwide with foreign tax credits — Vietnamese taxes paid are credited against US tax (within limits) — so no full double taxation, but also no treaty benefits.

3. The third-country bridge — with warnings

Many structures route through a third country with DTAs covering both Vietnam and the US (e.g., Singapore, the Netherlands): Vietnamese profits → intermediary → the US — using the Vietnam–Singapore/Netherlands DTA to cut Vietnamese withholding. But: the US has anti-abuse clauses (LOB — limitation on benefits in US treaties; substance requirements); pass-through structures without real activity may be denied, with full tax + penalties. The rule: structures need genuine economic purpose — a bridge without pillars collapses under audit.

Vietnam–US repatriation: compute both ends fully, expect no treaty

This article is general information. Each structure needs individual calculation. FLAT Law Firm supports companies on cross-border taxation in Vietnam. Contact us for advice.

This article is general information only and does not replace legal advice for any specific case. Rates change with policy; please check the current texts.

Frequently asked questions

1. Do Vietnam and the US have a DTA?

Signed 7 July 2015 but never US-ratified → not in force; no withholding relief, no MAP.

2. What is GILTI?

The US minimum tax on global intangible income (TCJA 2017, ~10.5%) — on above-normal foreign-subsidiary profits.

3. What is CAMT?

The 15% US alternative minimum tax (Inflation Reduction Act 2022) — for groups with AFSI from USD 1bn.

4. Are Vietnamese taxes creditable in the US?

Yes — foreign tax credits offset Vietnamese taxes paid against US tax, within limits.

5. Is third-country structuring safe?

Only with genuine economic purpose and substance — pass-throughs may be denied under anti-abuse rules.

This article is pending review by the QA Council.

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