On the Government Portal, Ms. T.T. P. T reflected that at the beginning of 2026, her business chose to declare house rental tax instead of personal tax according to the provisions of Circular No. 40/2021/TT-BTC.
The declaration has been accepted by the tax authority and does not generate tax payable due to revenue not reaching the tax threshold.
However, after Decree No. 68/2026/ND-CP and Circular No. 18/2026/TT-BTC were issued, regulations on declaration according to the payment period and the use of new declaration forms.
Ms. T wondered if businesses have to re-declare periods from the beginning of 2026 or not?
At the same time, she also asked if submitting additional declarations according to new regulations for the periods in 2026 in addition to the declarations submitted earlier, will late payment be charged or not?
Answering this question, Base Tax 12 of Ho Chi Minh City cited the provisions of Decree No. 68/2026/ND-CP dated March 5, 2026 of the Government on tax policy and tax management for business households and individual businesses.
According to Clause 3, Article 18 of the Decree, for real estate lease contracts arising before January 1, 2026 and still valid for more than 6 months, if value-added tax and personal income tax have been paid, the non-taxable revenue level is adjusted according to regulations.
In case the remaining revenue exceeds the prescribed threshold, tax is paid according to the Decree and the amount of tax paid is handled according to regulations.
Decree No. 141/2026/ND-CP dated April 29, 2026 amending and supplementing a number of articles of Decree No. 68/2026/ND-CP has adjusted the revenue threshold from 500 million VND to 1 billion VND in many clauses, including Clause 3, Article 18.
Regarding tax management dossiers and procedures, Clause 1, Article 8 of Circular No. 18/2026/TT-BTC dated March 5, 2026 stipulates that cases subject to transition are allowed to declare adjustments according to Form No. 01/TTS issued with Circular No. 40/2021/TT-BTC for revenue generated in 2025 and declare revenue in 2026 according to Form No. 01/BDS issued with this Circular.
Notably, Clause 2, Article 8 of Circular No. 18/2026/TT-BTC clearly stipulates that in cases where tax has been declared and paid according to the guidance in Circular No. 40/2021/TT-BTC, adjustments are not required.
In case tax has not been declared, it shall be carried out according to the dossiers and procedures specified in Circular No. 18/2026/TT-BTC and will not be penalized.
