G.R. No.

152609               June 29, 2005

COMMISSIONER OF INTERNAL REVENUE, Petitioner,

vs.
AMERICAN EXPRESS INTERNATIONAL, INC. (PHILIPPINE BRANCH), Respondent.

The VAT is a tax on consumption41 "expressed as a percentage of the value added to goods or

services"42 purchased by the producer or taxpayer.43 As an indirect tax44 on services,45 its main object
is the transaction46 itself or, more concretely, the performance of all kinds of services47 conducted in
the course of trade or business in the Philippines.48 These services must be regularly conducted in
this country; undertaken in "pursuit of a commercial or an economic activity;" 49 for a valuable
consideration; and not exempt under the Tax Code, other special laws, or any international
agreement.50

The law neither imposes such requirement nor associates services with exported goods. It simply
states that the services performed by VAT-registered persons in the Philippines -- services other
than the processing, manufacturing or repacking of goods for persons doing business outside this
country -- if paid in acceptable foreign currency and accounted for in accordance with the rules and
regulations of the BSP, are zero-rated. The service rendered by respondent is clearly different from
the product that arises from the rendition of such service. The activity that creates the income must
not be confused with the main business in the course of which that income is realized.

A stored-value smart card generally refers to an instrument that gives the card holder
the right to receive a supply of goods or services in the future. The price paid (purchase
price) in purchasing a stored-value card is a prepaid expense against the buyer. While
the instrument often is in a form of a physical card, it also may be in another physical
format or electronic format.

Two-types of stored-value cards:

Single-purpose cards. A single purpose card is a prepaid card whose card holder is
entitled to receive a supply of goods or services from the party that issues the card or
parties that are affiliated to the card issuer.

Multi-purpose card. A multi-purpose card is a reloadable card whose card holder may
receive a supply of goods or services from a broad scope of suppliers other than the
card issuer or parties that are affiliated to the card issuers. Unlike the single-purpose
cards, multi-purpose cards are used to facilitate the payment process and therefore can
be legally issued only by companies that have obtained a payment service license from
the Republic of the Philippines.

Tax (VAT) treatment of a stored-value card:

Issuance of stored-value cards. When a stored-value card is issued, no VAT will be
charged on the purchase price paid by the buyer for the stored-value card where the
price generally represents the value of the goods or services the card holder is entitled
to receive.

Redemption of stored-value card. When a stored-value card is redeemed, the supplier

of the goods or services (or the card issuer) will be subject to the twelve percent (12%)
VAT.

Settlement between the card issues and suppliers (if applicable). When a card issuer
pays the price of the goods or services to the supplier, a VAT general invoice must be
issued by the supplier to the card issuer.

https://www2.deloitte.com/content/dam/Deloitte/cn/Documents/tax/ta-2016/deloitte-cn-tax-
tap2442016-en-160909.pdf

BIR Ruling No. 242-2018 dated 21 February 2018 ( http://www.sgv.ph/wp-

content/uploads/2018/04/TB-Feb2018-elec-APAC-No.-10000321.pdf)

Facts: XYZ Co., a domestic corporation, is a service provider that operates a platform for
paperless gift cards, also known as electronic gift cards (eGC), and runs digital card
eGC storefronts for various merchants in the Philippines. In the operation of such eGC
platform, XYZ Co. earns revenue by charging service fees to the merchants and not
from the issuance of eGCs to individual clients.

Issues: 1. Are the proceeds from the issuance of eGCs by XYZ Co. to individual clients
taxable?
2. Is the issuance of eGCs by XYZ Co. to individual clients subject to VAT?
3. Is the amount received by XYZ Co. from merchant stores for facilitation or marketing
efforts subject to 12% VAT?

Ruling:

1. No. Since the value of the eGCs does not constitute income on the part of XYZ Co.,
but a fund held in trust for reimbursing accredited merchants, and therefore, does not
redound to the benefit of the Company, said amounts shall not form part of its gross
receipts subject to income tax imposed under Section 27(A) of the Tax Code, as
amended. Accordingly, the same is also not subject to EWT.
2. No. Since the amount received by XYZ Co. from its individual clients for the face
value of the eGCs does not fall within the purview of the term “gross income” and the
money received by XYZ Co. from its clients is not compensation for services rendered
by the Company but a liability or deposit for reimbursement at the participating
establishments, such amount is not subject to VAT. Thus, XYZ Co. shall have to issue
separate Non-VAT official receipts.

3. Yes. The service fees paid to XYZ Co. by the merchants constitute gross income
subject to income tax, and consequently, to EWT, pursuant to Section 27 (A) of the Tax
Code. XYZ Co. shall also be subject to 12% VAT and shall be required to issue VAT
official receipts on the amount it received from the merchant stores for the service fees,
where eGCs were utilized for facilitation or administration fee and/or marketing efforts
or commission.

Expanded income tax will apply: (ingles)

1. Expense is paid by the taxpayer, which is income to the recipient thereof, subject
to income tax;
2. Income is fixed or determinable at the time of payment;
3. Income is one of the income payments listed in the regulations; and
4. Income recipient is a resident of the Philippines liable to income tax.