Professional Documents
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VALUE-ADDED TAX
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[REPUBLIC ACT NO. 10963]
AN ACT AMENDING SECTIONS 5, 6, 24, 25, 27, 31, 32, 33, 34, 51, 52,
56, 57, 58, 74, 79, 84, 86, 90, 91, 97, 99, 100, 101, 106, 107, 108, 109,
110, 112, 114, 116, 127, 128, 129, 145, 148, 149, 151, 155, 171, 174,
175, 177, 178, 179, 180, 181, 182, 183, 186, 188, 189, 190, 191, 192,
193, 194, 195, 196, 197, 232, 236, 237, 249, 254, 264, 269, AND 288;
CREATING NEW SECTIONS 51-A, 148-A, 150-A, 150-B, 237-A, 264-A,
264-B, AND 265-A; AND REPEALING SECTIONS 35, 62, AND 89; ALL
UNDER REPUBLIC ACT NO. 8424, OTHERWISE KNOWN AS THE
NATIONAL INTERNAL REVENU CODE OF 1997, AS AMENDED, AND FOR
OTHER PURPOSES
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SEC. 106. Value-Added Tax on Sale of Goods or SEC. 106. Value-Added Tax on Sale of Goods or
Properties. – Properties. –
XXXX XXXX
(2) The following sales by VAT-registered persons (2) The following sales by VAT-registered persons
shall be subject to zero percent (0%) rate:
shall be subject to zero percent (0%) rate:
(5) Those considered export sales (5) Those considered export sales
under Executive Order NO. 226, under Executive Order NO. 226,
otherwise known as the “Omnibus otherwise known as the “Omnibus
Investment Code of 1987”, and other Investment Code of 1987”, and other
special laws; and
special laws; and
(b) Sales to persons or entities whose exemption (b) Sales to persons or entities whose
under special laws or international agreements exemption under special laws or
to which the Philippines is a signatory effectively
subjects such sales to zero rate. international agreements to which the
Philippines is a signatory effectively
subjects such sales to zero rate.
SEC. 108. Value-added Tax on Sale of
Services and Use or Lease of Properties. SEC. 108. Value-added Tax on Sale of
– Services and Use or Lease of Properties. –
Xxx xxx xxx.
(f) Sale of electricity by generation, transmission
by any entity including National Grid Corporation
of the Philippines (NGCP), and distribution
companies including electric cooperatives shall be
subject to twelve percent (12%) VAT on their
gross receipts. Xxx. 10
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SEC. 108. Value-added Tax on Sale of SEC. 108. Value-added Tax on Sale of
Services and Use or Lease of Properties. – Services and Use or Lease of Properties. –
(B) Transactions Subject to Zero Percent (B) Transactions Subject to Zero Percent
(0%) Rate. – The following services (0%) Rate. – The following services
performed in the Philippines by VAT- performed in the Philippines by VAT-
registered persons shall be subject to zero registered persons shall be subject to zero
percent (0%) rate: percent (0%) rate:
(1) Processing, manufacturing or (1) Processing, manufacturing or
repacking goods for other persons doing repacking goods for other persons doing
business outside the Philippines which business outside the Philippines which
goods are subsequently exported, where goods are subsequently exported, where
the services are paid for in acceptable the services are paid for in acceptable
foreign currency and accounted for in foreign currency and accounted for in
accordance with the rules and regulations accordance with the rules and regulations
of the Bangko Sentral ng Pilipinas (BSP); of the Bangko Sentral ng Pilipinas (BSP);
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(2) Services other than those mentioned (2) Services other than those mentioned
in the preceding paragraph, rendered to in the preceding paragraph, rendered to a
a person engaged in business conducted person engaged in business conducted
outside the Philippines or to a outside the Philippines or to a
nonresident person not engaged in nonresident person not engaged in
business who is outside the Philippines business who is outside the Philippines
when the services are performed, [51] when the services are performed, [51]
the consideration for which is paid for in the consideration for which is paid for in
acceptable foreign currency and acceptable foreign currency and
accounted for in accordance with the accounted for in accordance with the
rules and regulations of the Bangko rules and regulations of the Bangko
Sentral ng Pilipinas (BSP) Sentral ng Pilipinas (BSP)
(3) Services rendered to persons or (3) Services rendered to persons or
entities whose exemption under special entities whose exemption under special
laws or international agreements to laws or international agreements to
which the Philippines is a signatory which the Philippines is a signatory
effectively subjects the supply of such effectively subjects the supply of such
services to zero percent (0%) rate; services to zero percent (0%) rate; 12
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(6) Transport of passengers and cargo (6) Transport of passengers and cargo
by air or sea vessels from the by domestic air or sea vessels from the
Philippines to a foreign country; and Philippines to a foreign country; and
(7) Sale of power or fuel generated (7) Sale of power or fuel generated
through renewable sources of energy through renewable sources of energy
such as, but not limited to, biomass, such as, but not limited to, biomass,
solar, wind, hydropower, geothermal, solar, wind, hydropower, geothermal,
ocean energy, and other emerging ocean energy, and other emerging
energy sources using technologies energy sources using technologies such
such as fuel cells and hydrogen fuels. as fuel cells and hydrogen fuels.
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(P) Sale of real properties not primarily held (P) Sale of real properties not primarily held for sale to
customers or held for lease in the ordinary course of
for sale to customers or held for lease in the trade or business or real property utilized for low-cost
ordinary course of trade or business or real and socialized housing as defined by Republic Act No.
property utilized for low-cost and socialized 7279, otherwise known as the Urban Development
and Housing Act of 1992, and other related laws,
housing as defined by Republic Act No. 7279, residential lot valued at One million five hundred
otherwise known as the Urban Development thousand pesos (P1,500,000)and below, house and lot,
and Housing Act of 1992, and other related and other residential dwellings valued at Two million
five hundred thousand pesos (P2,500,000) and below:
laws, residential lot valued at One million Provided, That beginning January 1, 2021, the VAT
pesos (P1,500,000) and below, house and lot, exemption shall only apply to sale of real properties
and other residential dwellings valued at Two not primarily held for sale to customers or held for
million five hundred thousand pesos (P2, 500, lease in the ordinary course of trade or business, sale
of real property utilized for socialized housing as
000) and below: Provided, That not later than defined by Republic Act No. 7279, sale of house and
January 31, 2009 and every three (3) years lot, and other residential dwellings with selling price of
thereafter, the amount herein stated shall be not more than Two million pesos (P2,000,000):
Provided, further, That every three (3) years thereafter,
adjusted to their present values using the the amount herein stated shall be adjusted to its
Consumer Price Index, as published by the present value using the Consumer Price Index, as
published by the Philippine Statistics Authority (PSA);
National Statistics Office (NSO)
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(Q) Lease of a residential unit with a monthly (Q) Lease of a residential unit with a monthly
rental not exceeding Ten thousand pesos rental not exceeding Fifteen thousand pesos
(P10, 000): Provided, That not later than (P15,000);
January 31, 2009 and every three (3) years XXXX
thereafter, the amount herein stated shall be
adjusted to its present value using the
Consumer Price Index as published by the
National Statistics Office (NSO);
XXXX
(U) Importation of fuel, goods and supplies by
(U) Importation of fuel, goods and supplies persons engaged in international shipping or
by persons engaged in international shipping air transport operations: Provided, That the
or air transport operations; fuel, goods, and supplies shall be used for
international shipping or air transport
operations;
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SEC. 112. Refunds or Tax Credits of Input Tax. SEC. 112. Refunds or Tax Credits of Input Tax.
XXXX XXXX
(C) Period within which Refund or Tax Credit of (C) Period within which Refund of Input Taxes shall be
Input Taxes shall be Made. - In proper cases, the Made. – In proper cases, the Commissioner shall grant
Commissioner shall grant a refund or issue the a refund for creditable input taxes within ninety (90)
tax credit certificate for creditable input taxes days from the date of submission of the official
receipts or invoices and other documents in support of
within one hundred twenty (120) days from the the application filed in accordance with Subsections (A)
date of submission of complete documents in and (B) hereof: Provided, That should the
support of the application filed in accordance Commissioner find that the grant of refund is not
with Subsections (A) hereof. [73] proper, the Commissioner must state in writing the
legal and factual basis for the denial.
In case of full or partial denial of the claim for tax
refund or tax credit, or the failure on the part of “In case of full or partial denial of the claim for tax
the Commissioner to act on the application refund, the taxpayer affected may, within thirty (30)
within the period prescribed above, the taxpayer days from the receipt of the decision denying the claim,
affected may, within thirty (30) days from the appeal the decision with the Court of Tax Appeals
receipt of the decision denying the claim or after (CTA): Provided, however, That failure on the part of
any official, agent, or employee of the BIR to act on the
the expiration of the one hundred twenty day- application within the ninety (90)-day period shall be
period, appeal the decision or the unacted claim punishable under Section 269 of this Code.
with the Court of Tax Appeals.
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SEC. 114. Return and Payment of Value- SEC. 114. Return and Payment of Value-
Added Tax. - added Tax. –
(A) In General. - Every person liable to pay “(A) In General. – Every person liable to
the value-added tax imposed under this Title pay the value-added tax imposed under
shall file a quarterly return of the amount of this Title shall file a quarterly return of the
his gross sales or receipts within twenty-five amount of his gross sales or receipts
(25) days following the close of each taxable within twenty-five (25) days following the
quarter prescribed for each taxpayer: close of each taxable quarter prescribed
Provided, however, That VAT-registered for each taxpayer: Provided, however,
persons shall pay the value-added tax on a That VAT-registered persons shall pay the
monthly basis. value-added tax on a monthly basis:
Provided, finally, That beginning January 1,
2023, the filing and payment required
under this Subsection shall be done
within twenty-five (25) days following the
close of each taxable quarter. 28
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(C) Withholding of Value-added Tax. - The “(C) Withholding of Value-added Tax. – The
Government or any of its political subdivisions, Government or any of its political subdivisions,
instrumentalities or agencies, including
government-owned or -controlled corporations instrumentalities or agencies, including
(GOCCs) shall, before making payment on government-owned or -controlled
account of each purchase of goods and services corporations (GOCCs) shall, before making
which are subject to the value-added tax payment on account of each purchase of
imposed in Sections 106 and 108 of this Code,
deduct and withhold the value-added tax goods and services which are subject to the
imposed in Sections 106 and 108 of this Code, value-added tax imposed in Sections 106 and
deduct and withhold a final value-added tax at 108 of this Code, deduct and withhold the
the rate of five percent (5%) of the gross payment value-added tax imposed in Sections 106 and
thereof: Provided, That the payment for lease or 108 of this Code, deduct and withhold a final
use of properties or property rights to
nonresident owners shall be subject to ten value-added tax at the rate of five percent
percent (10%) withholding tax at the time of (5%) of the gross payment thereof: Provided,
payment. For purposes of this Section, the payor That beginning January 1, 2021, the VAT
or person in control of the payment shall be withholding system under this Subsection
considered as the withholding agent.
shall shift from final to a creditable system:
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BIR's IT Team 31
THANK YOU!
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