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TAX 2 Syllabus Part 3 - VAT Under Atty Lock

TAX 2 Syllabus Part 3 - VAT Under Atty Lock

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Published by Yumi Elopre Paypon
TAX 2 Syllabus Part 3 - VAT Under Atty Lock
TAX 2 Syllabus Part 3 - VAT Under Atty Lock

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Published by: Yumi Elopre Paypon on Jan 23, 2010
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07/25/2013

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TAXATION IIPART IIIVALUE-ADDED TAXSections 105-115 of the NIRC, amended by RA No. 9337Implemented by RR No. 16-05 as amended by RR No. 4-07I.PRELIMINARY MATTERS
a.Nature and characteristic of VAT in general
Sec. 4.105.-2 of RR No. 16-05CIR vs. Magsaysay Lines GR No. 146984 dated July 28, 2006CIR vs. Seagate Technology (Phils) GR No. 153866 February 11, 2005
b.VAT as an indirect tax
Contex vs. CIR GR No. 151135 dated July 2, 2004
c.Persons Liable (Sec. 105)i.Persons liable in general
CIR vs. CA and Commonwealth Management Services GR No. 125355dated March 30, 2000.
ii.Who are required to register for VAT (Sec. 236 G) [Sec. 9.236-1of RR No. 16-05]iii.Optional VAT Registration (Sec. 236 H) [Sec. 9.236-1 of RR No.16-05]d.Meaning of the phrase
“in the course of trade of business” 
(Sec. 105)
Sec. 4.105-3 of RR No. 16-05CIR vs. Magsaysay Lines GR No. 146984 dated July 28, 2006
e.Exceptions to the Rule of Regularityf.Output Tax vs. Input Taxesi.Sources of Input Tax (Sec. 110 A)ii.Excess Output or Input Tax (Sec. 111 B)iii.Rule on Input Tax on Capital Goods (Sec. 4.110-3 of RR No. 16-05)iv.Substantiation of Input Tax Credits (Sec. 4.110-8 of RR No. 16-05)
II.VAT ON GOODS AND SERVICES
a.Definition of goods and services (Sec. 106 and Sec. 108)b.VAT base for goods and services (Sec. 106 and Sec.108)c.Meaning of gross selling price and gross receipts (Sec. 106 andSec.108)d.Rules on sales of Real Propertyi.Rule on Sales on Instalment [RR No. Sec. 4.106-3 of RR No. 16-05 as amended by Sec. 3 of RR No. 4-07]ii.See also rule on sale of real property use in business (Sec. 14 (l)of RR No. 4-07)iii.Correlate with Sec. 109 on exempt sales of Real Propertye.VAT on Importations (Sec. 107)
 
i.Exempt Importations under Sec. 109ii.Transfer of Goods by Tax-exempt Persons (Sec. 107 B)f.Transactions deemed sale (Sec. 106 B)i.Rationale of Impositionii.Enumeration – Sec. 4.106-7 RR No. 16-05iii.Tax Base of Transactions Deemed Saleg.Rules for Certain Servicesi.Common Carriers1.Sec. 4.108-2 Nos. 11 and 12 of RR No. 16-052.Sec. 4.108-3 of RR No. 16-05ii.Lease of Properties1.Sec. 4.108-3 of RR No. 16-052.Lease of Residential Units – [Sec. 4.109-1 (B)(q) of RR No.16-05]iii.Professional Servicesiv.Medical Services1.Sec. 4.109-1 (B)(g) of RR No. 16-05
Philippine Healthcare Providers vs. CIR GR No. 168129 dated  April 24, 2007
III.
ZERO RATED SALES OF GOODS AND SERVICES and VAT EXEMPTSALES
a.Nature of Zero Rated Salesb.Zero Rated Sale of Goods (Sec. 106)c.Zero Rated Sale of Services (Sec. 108 B)
CIR vs. American Express GR No. 152609 dated June 29, 2005CIR vs. Burmeister and Wain GR No. 153205 dated Jaunary22, 2007CIR vs. Acesite GR No. GR No. 147295 dated February 16, 2007d.Automatic zero-rate vs. Effectively zero-rateCIR vs. Seagate Technology (Phils) GR No. 153866 February 11, 2005CIR vs. Toshiba Information Equipment GR No. 150154 dated August 9,2005
e.Destination principle and cross border doctrine
CIR vs. American Express GR No. 152609 dated June 29, 2005CIR vs. Toshiba Information Equipment GR No. 150154 dated August 9,2005
f.Zero Rated Sales vs. Exempt Sales
CIR vs. Cebu Toyo Corp. GR No. 149073 dated February 16, 2005
g.Enumeration of Exempt Transactions (Sec. 109) Sec. 4.109-1 (B) of RRNo. 16-05h.Exempt Persons vs. Exempt Transactions
i.CIR vs. Seagate Technology (Phils) GR No. 153866 February 11, 2005
IV.TRANSITIONAL AND PRESUMPTIVE INPUT TAX

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