Identifying individual business owners who are subject to taxation.

Clause 1, Article 2 of Law No. 71/2014/QH13 of the National Assembly amending and supplementing a number of articles of the Laws on Taxation stipulates income from business as follows:

“1. Amend and supplement Clause 1 of Article 3 as follows:

“1. Income from business activities, including:

a) Income from the production and sale of goods and services;

b) Income from independent professional activities of individuals holding licenses or professional certificates as prescribed by law.

Income from business activities as stipulated in this clause does not include income of individual business owners with annual revenue of 100 million VND or less.”

– In clause 1, Article 1 of Circular No. 92/2015/TT-BTC The Ministry of Finance's Circular dated June 15, 2015, provides guidance on individual businesses as follows:

“1. Taxpayers as guided in Chapter I of this Circular are resident individuals including individuals, groups of individuals and households engaged in the production and business of goods and services in all fields and sectors of production and business as prescribed by law (hereinafter referred to as business individuals).”

Based on the above regulations, an individual who both conducts business under a lump-sum tax system and rents out property, with each activity generating less than 100 million VND/year but with total revenue exceeding 100 million VND/year, is subject to paying taxes on both activities.