The Tax Department received a petition reflecting Ms. DY.N's petition on tax policy. Regarding this issue, the Tax Department has the following opinion:
Pursuant to Clause 25, Article 5 and Clause 2, Article 18 of the Law on Value Added Tax 2024 dated November 26, 2024, stipulates subjects not subject to tax and takes effect;
Pursuant to Clause 2, Article 4 and Clause 1, Article 9 of Circular 40/2021/TT-BTC guiding tax calculation principles and tax calculation methods for some specific cases;
Pursuant to Clause 3, Article 1 of Circular 100/2021/TT-BTC amending Point c, Clause 1, Article 9 of Circular 40/2021/TT-BTC on tax calculation methods for some special cases;
Pursuant to Articles 11 and 13 of Circular 40/2021/TT-BTC guiding tax management for business households and individuals paying taxes according to the tax declaration and management method for contract households;
Pursuant to Clause 1, Article 8 of Circular 40/2025/TT-BTC amending and supplementing Point c, Point d, Clause 1; Point a, Point b, Point d, Clause 5; Point b.1, Point b.2, Clause 9, Article 13 on tax management for contract households.
Based on the above regulations:
(1) Tax management for personal property lease activities:
Individuals leasing assets are individuals with revenue from leasing assets including: Leasing houses, premises, stores, factories, warehouses excluding accommodation services; leasing means of transportation, machinery and equipment without drivers; leasing other assets without services.
For individuals conducting accommodation services, including: providing short-term accommodation facilities for tourists and other visitors; providing long-term accommodation facilities other than apartments for students, workers and similar entities; providing accommodation facilities with food and beverage services or entertainment vehicles.
The Tax Department acknowledged her opinion to synthesize and report to competent authorities during the research and development of tax management policies for business households and individuals in a simple, synchronous and transparent manner.
(2) Tax management for individuals with revenue under VND 100 million
Business households and individuals with a revenue from production and business activities in the calendar year of VND 100 million or less (from January 1, 2026 to VND 200 million or less) are not subject to VAT and do not have to pay personal income tax according to the provisions of the law on VAT and personal income tax.
Business households and individuals are responsible for declaring taxes accurately, honestly, fully and submitting tax documents on time; responsible before the law for the accuracy, honesty and completeness of tax documents according to regulations. The declaration and submission of tax declarations are stipulated in Articles 11 and 13 of Circular 40/2021/TT-BTC.
(3) eTax Mobile application and declaration form
Currently, the Electronic Tax app for individuals has supported users to declare property lease declarations with declaration periods according to payment times and years. At the eTax Mobile application, business households and individuals have been supported to declare taxes according to Form 01/CNKD - Tax declaration for business households and individuals issued with Circular 40/2021/TT-BTC.
For tax declarations for property leasing activities according to Form 01/TTS - Tax declaration for property leasing activities issued with Circular 40/2021/TT-BTC, the Tax Department will upgrade in the coming time.
