Citizen N.V.A reflects on the unclear policy regarding the dossier for calculating deductible expenses when renting houses and personal property.
According to feedback, the Circular stipulates the dossier for determining deductible expenses when enterprises lease personal assets, including asset lease contracts and rental payment documents.
However, for individuals renting cars with revenue over 01 billion VND/year, Decree No. 68/2026/ND-CP dated March 5, 2026 requires households and individuals doing business with revenue over 1 billion VND/year to apply electronic invoices with codes from tax authorities or electronic invoices generated from cash registers with data connections with tax authorities.
From there, citizens request to clarify the dossier for calculating deductible expenses in 4 specific cases:
Renting assets that are real estate of individuals with revenue from 1 billion VND/year or less.
Renting assets that are real estate of individuals with revenue over 1 billion VND/year.
Renting other assets (vehicles... ) of individuals with revenue from 01 billion VND/year or less.
Renting other assets (vehicles...) of individuals with revenue over 1 billion VND/year.
Answering the above question, the Department of Tax, Fee and Charge Policy Management and Supervision, Ministry of Finance cited relevant legal regulations for taxpayers to compare and implement:
Regulations on deductible expense records according to Circular No. 20/2026/TT-BTC. In Article 3 of Circular No. 20/2026/TT-BTC dated March 12, 2026 of the Ministry of Finance detailing a number of articles of the Law on Corporate Income Tax (CIT) and Decree No. 320/2025/ND-CP dated December 15, 2025 of the Government:
For purchasing goods and services of households and individual businesses with revenue below the VAT threshold (point a, clause 13, Article 3):
The dossier includes payment documents to the seller according to legal regulations on accounting, invoices, documents (in case the purchase value in a day is from 05 million VND or more, non-cash payment is required) and a list of purchases of goods and services according to Form No. 02/TNDN issued with the Circular signed and responsible by the legal representative or authorized person of the enterprise.
For cases where businesses lease personal assets (point d, clause 13, Article 3:
The dossier for determining deductible expenses is the asset lease contract and asset lease payment documents.
Case of paying tax on behalf (point d, clause 13, Article 3): If the asset lease contract has a lease agreement that does not include tax (VAT, PIT) and the enterprise pays tax on behalf of the individual, the enterprise is included in the deductible expense for the tax paid on behalf if there is a tax payment document.
Regulations on deductible expenses and tax declaration according to Decree No. 68/2026/ND-CP, the Ministry of Finance agency answers as follows, based on the provisions of Decree No. 68/2026/ND-CP dated March 5, 2026 of the Government:
Expenses deductible when determining PIT (Clause 1, Article 6): Are actual costs incurred related to production and business activities, with sufficient invoices and documents according to legal regulations and non-cash payment documents for payments each time with a value of 05 million VND or more.
Tax declaration for real estate leasing activities (point d, clause 3, Article 8):
Cases where individuals directly declare taxes: They are allowed to choose to declare taxes 2 times/year (first time no later than July 31 of the tax year, second time no later than January 31 of the following calendar year) or declare taxes 1 time/year (no later than January 31 of the following calendar year).
In case an organization leases real estate from an individual (point d, clause 3, Article 8): If the contract has an agreement that the lessee declares tax on behalf of, and pays tax on behalf of, the organization shall carry out tax on behalf of, and pay tax on behalf of according to the lease payment period. In case an individual leases real estate to an individual, the leasing individual must directly declare tax.
The Department of Tax, Fee and Charge Policy Management and Supervision requests taxpayers to compare the above legal regulations with the dossier and actual situation for implementation.
Regarding specific tax declaration and payment, it is requested to contact the directly managing tax authority for guidance according to regulations based on dossiers and actual occurrences.
