Reader L.D. H. V in Dak Lak asks: According to the provisions of Article 218 of the 2024 Land Law and Article 99 of Decree No. 102/2024/ND-CP dated July 30, 2024 of the Government, agricultural land is allowed to be used in combination with commercial and service purposes according to regulations on multi-purpose land use.
Clause 5, Article 99 of Decree No. 102/2024/ND-CP stipulates:
The land area used in combination with commercial and service purposes; non-agricultural production facilities; used for mineral activities; construction of postal, telecommunications, technology, and information infrastructure; outdoor advertising; solar power must pay annual land rent.
In addition, point a, clause 2, Article 218 of the 2024 Land Law stipulates that the combined use of land must:
Does not change the type of land according to the land classification specified in Clauses 2 and 3, Article 9 and has been determined in the types of documents specified in Article 10 of this Law.
According to Article 2 of the Law on Non-Agricultural Land Use Tax, commercial and service land is subject to non-agricultural land use tax.
However, in the case of agricultural land used in combination with commercial and service purposes, the combined land use area does not have to change the land use purpose from agricultural land to commercial and service land, still retaining the main purpose of agricultural land but must pay annual land rent according to regulations.
From the above regulations, people ask the question: For cases where agricultural land is used in combination with commercial and service purposes, is it necessary to declare and pay non-agricultural land use tax for the area of land used in combination with commercial and service purposes?
Answering this question, Dak Lak Provincial Tax Department said:
Article 218 of the Land Law No. 31/2024/QH15 stipulates that agricultural land is used in combination with commercial and service purposes and cases of land use in combination with commercial and service purposes must develop a land use plan and submit it to competent authorities for approval.
At the same time, Article 2 of Decree No. 53/2011/ND-CP dated July 1, 2011 of the Government stipulates that land for construction of commercial and service business establishments is subject to non-agricultural land use tax.
Based on the above regulations, Dak Lak Provincial Tax Department said that in case of using agricultural land combined with commercial and service purposes that have been approved and approved by competent authorities for the combined land use plan, the land area used for commercial and service purposes is subject to declaration and payment of non-agricultural land use tax according to regulations.
