Property Lease Tax Filing: Does the Company Need to Refile under Circular 18/2026? And How to Register a Tax Code for Individual Property Lessors
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The Ho Chi Minh City Tax Department answered two questions about property leasing tax: (1) A company that had already filed on behalf of an individual under Form 01/TTS (Circular 40/2021) for a 5-year land lease contract before Decree 68/2026/NĐ-CP and Circular 18/2026/TT-BTC were issued does not need to refile — Article 8, clause 2 of Circular 18/2026 states that 'where filings and payments have already been made under Circular 40/2021, no adjustment is required'. (2) An individual property lessor wishing to register a separate tax identification number (TIN): based on Articles 5 and 9 of Circular 40/2021/TT-BTC (now replaced by Circular 18/2026), an individual lessor does not need to establish a household business or individual business entity. The individual need only register using the prescribed form to obtain a separate TIN for property leasing.
Tax Q&A: Property Lease Refiling and TIN Registration for Individual Lessors
Responding authority: Ho Chi Minh City Tax Department
Date: 24 March 2026
Question 1: Does the Company Need to Refile?
Background: A company had already filed on behalf of an individual under Form 01/TTS (Circular 40/2021) for a 5-year land lease contract (2025–2029, VND 84 million/year). After Decree 68/2026/NĐ-CP and Circular 18/2026/TT-BTC took effect, the company asked whether refiling is required.
Legal Basis:
Article 47 of Tax Administration Law No. 38/2019/QH14:
Permits taxpayers to file supplementary returns before the tax authority issues an audit or inspection decision.
Clause 2, Article 8 of Circular 18/2026/TT-BTC:
Where filings and payments have already been made under Circular 40/2021/TT-BTC, no adjustment is required. Where tax has not yet been filed, the procedures under Circular 18/2026 apply and no penalty will be imposed.
Conclusion: The company does not need to refile.
Question 2: TIN Registration for Individual Property Lessors
Legal Basis:
Article 4, clause 4 of Circular 18/2026/TT-BTC:
Individuals who file directly for real property leases use Form 01/BĐS and Schedule 01/BK-BĐS.
Clause 3, Article 8 of Circular 18/2026 and transitional provisions:
Household businesses and individual business operators must submit an inventory and equipment list using Form 01/BK-HTK where required under Decree 68/2026.
TIN Registration Process for Individual Lessors:
- Individual property lessors do not need to establish a household business or individual business entity
- Register with the tax authority using the prescribed form to obtain a separate TIN for property leasing
- The Ho Chi Minh City Tax Department advises referencing the applicable Ministry of Finance regulations currently in force
Practical Notes:
- Lease contract 2025–2029 already fully filed under Circular 40/2021: no refiling required
- From 2026: file using the new forms under Circular 18/2026/TT-BTC (Forms 01/BĐS, 01/BK-BĐS)
- Individuals only need to register a TIN; no household business establishment required