Guidance on tax policy when conducting roof rental activity

Guidance on tax policy when conducting roof rental activity 

12/11/2020
Guidance on tax policy when conducting roof rental activity
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On November 19, 2020, the Dong Nai Tax Department issued Official Letter No.11835/CT-TTHT guiding the tax policy of conducting roof rental activity. 

  1. Roof rental activities to invest in the installation of rooftop solar power systems and a portion of the land area for substation placements within 20 years are defined as a real estate trading activity, on the List of sectors and trades subject to conditional business investment specified in ordinal number 109, Appendix 4 to the Law on Investment. No.67/2014/QH13 dated November 26, 2014 of the National Assembly. Accordingly, in order to carry out this activity, the Company shall register for additional business lines as prescribed in Article 49 of Decree No.78/2015/NĐ-CP dated September 14, 2015 of the Government and must ensure business conditions to perform these activities in accordance with the investment law. 
  2. In case the Company fully satisfies the operating conditions under the regulation, when receiving money from the rental activities, the Company shall issue an invoice according to the provisions of Point a, Clause 7, Article 3 of Circular No.26/2015/TT-BTC February 27, 2015 of the Ministry of Finance with the VAT rate of 10% in accordance with the current VAT law.