Professional Documents
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Concept
• Tax on consumption levied on the sale, barter, exchange or lease of goods or properties or
services in the Philippines, and on importation of goods into the Philippines
• It is an indirect tax.
When VATable?
• Sale, barter, exchange, or lease in the Philippines
– made in the ordinary course of trade or business
• By any person
– regardless of whether or not the person engaged therein is a non-stock, non-profit
private organization (irrespective of the disposition of its net income and whether or
not it sells exclusively to members or their guests), or government entity
• Exceptions
Cross Border Doctrine/Destination Principle
• General Rule: VAT shall be imposed only on goods destined for consumption within the
territorial border of the taxing authority.
– Goods or properties other than real property – the total amount of money or its equivalent
which the purchaser pays or is obligated to pay to the seller in consideration of the sale,
barter or exchange of the goods or properties, excluding VAT, plus excise tax
– Real property – the consideration stated in the sales document or the FMV
(whichever is higher of the zonal value or assessed value), whichever is higher
VAT on sale of goods or properties
• Real properties primarily for sale to customers or held for lease in the ordinary course of
trade or business
• The right or privilege to use patent, copyright, design or model, plan, secret formula or
process, goodwill, trademark, trade brand, or other like property or right
• The right or privilege to use motion pictures films, tapes, and discs
– Deferred-payment basis
• Initial payments exceed 25% of GSP
• Cash sale: entire selling price
• Input VAT?
VAT on sale of goods or properties
• Sale of two or more adjacent lots in favor of one buyer from the same seller?
– RR No. 13-2018: Subject to VAT
• aggregate value of the adjacent properties exceeds Php1,500,000 (for
residential lots), and Php2,500,000 (for residential house and lots or other
residential dwellings)
• although covered by separate titles and/or separate tax declarations
Note: Beginning January 1, 2021, the VAT exemption of those falling below Php
1,500,000 and Php 2,500,000 shall only apply to sale of real properties not primarily held
for sale to customers or held for lease in the ordinary course of trade or business, sale of
real property utilized for socialized social housing, sale of house and lot, and other
residential dwellings with selling price of not more than Php 2,000,000.
• Consignment of goods if actual sale is not made within 60 days following the date such
goods were consigned
• Retirement from or cessation of business, with respect to inventories of taxable goods existing
as of such retirement or cessation
VAT on sale of service and use or lease of properties
• Performance of all kinds of services in the Philippines for others for a fee, remuneration or
consideration whether in kind or in cash
• Rate: 12%
• Lease or the use of, or the right to use of any industrial, commercial or,
scientific equipment
• Supply of any assistance that is ancillary and subsidiary to and is furnished as a means of
enabling the application or enjoyment of any such property, or right or any such knowledge
or information
• Supply or services by a nonresident person or his employee in connection with the use of
property or rights belonging to, or the installation or operation of any brand, machinery or
other apparatus purchased from such nonresident person
VAT on sale of service and use or lease of properties
• Supply of technical advice, assistance or services rendered in connection with technical
management or administration of any scientific, industrial or commercial undertaking,
venture, project or scheme
• Lease or the use of or the right to use radio, television, satellite transmission and cable
television time
VAT on sale of service and use or lease of properties
• Condominium dues?
– RMC No. 65-2012: The association dues, membership fees, and other
assessments/charges collected by condominium corporations constitute income payment
or compensation for beneficial services that the condominium corporations provide to
their members and tenants.
– TRAIN: Association dues, membership fees, and other assessments and charges
collected by homeowners associations and condominium corporations shall be
exempt
VAT on Importation
• Every importation, whether for use in business or not
• Rate: 12%
• Base:
– Total value used by the BOC in determining tariff and customs duty, plus customs
duties, excise tax, and other charges prior to release of the goods from customs custody
– Landed cost: where the customs duties are determined on the basis of the quantity or
volume of the goods
Zero-rated sale of goods or properties
• Zero-rated sale vs. exempt sale
Zero-rated VAT Exempt
1. Refers to the export sale of good and supply of 1. Seller shall not bill any output tax on his sales. No
services. Hence, Output tax Rate is set to zero. Output Tax Rate.
2. The seller of such transactions charges NO output tax 2. Corollarily, seller is not allowed any credit or refund
but can claim a refund or tax credit certificate for the of the input taxes he paid on his purchases.
VAT previously charged by suppliers (AT&T
Communications Services Phils., Inc. V. CIR, G.R. No.
182364, August 3, 2010)
Example: NO Output Tax
Output Tax P 0.00 NO Input Tax
Less: Input Tax 5,000.00 NO Tax credit
Excess input tax P 5,000.00
Nature Refer to sales to persons or entities Refer to export sales and foreign
whose exemption under special laws or currency denominated sales
international agreements to which the
Philippines is a signatory
Need to apply for zero-rating An application for zero-rating must be No need to file an application form to
filed and the BIR approval is necessary secure BIR approval before the sale is
before the transaction may be considered zero-rated
considered zero-rated
For whose benefit is it intended Intended to benefit the purchaser who, Primarily intended to be enjoyed nu the
not being directly and legally liable for seller who is directly and legally liable
the payment of VAT, will ultimately for the VAT, making such seller
burden of the tax shifted by the internationally competitive by allowing
suppliers. the refund or credit of input taxes that
are attributable to export sales
Stamping of zero-rated on VAT Required. The buyer, as shown by his Not required. The buyer, as shown by
invoice or receipt address in the sales invoice and his address in the sales invoice and
shipping documents is located outside shipping documents, is located outside
the Philippines merely by fiction of law the Philippines.
Effect Results in no tax chargeable against the purchaser.
The seller can claim refund or a tax credit certificate for the VAT previously
charged by suppliers.
Zero-rated sale of goods or properties
EXPORT SALES
• The sale and actual shipment of goods from the Philippines to a foreign country, irrespective
of any shipping arrangement that may be agreed upon which may influence or determine the
transfer of ownership of the goods so exported, paid in acceptable foreign currency or its
equivalent in goods or services, and accounted for in accordance with the rules and
regulations of the BSP
• The sale of raw materials or packaging materials to non-resident buyer for delivery to
resident local export-oriented enterprise to be used in manufacturing, processing, packaging,
or repacking in the Philippines of the said buyer’s goods, which must be paid in acceptable
foreign currency and accounted for in accordance with the rules and regulations of the BSP
• Sale of goods, supplies, equipment and fuel to persons engaged exclusively in international
shipping or international air transport operations
– TRAIN: goods, supplies, equipment and fuel shall be used for international shipping or air
transport operations
Zero-rated sale of goods or properties
FOREIGN CURRENCY DENOMINATED SALE
• Sale to non-resident
• Of goods assembled or manufactured in the Philippines, except automobiles and non-
essential goods
• For delivery to a resident in the Philippines
• Paid for in acceptable foreign currency and accounted for in accordance with the
rules and regulations of the BSP
• Services other than those mentioned in the preceding paragraph rendered to a person
engaged in business conducted outside the Philippines or to a non-resident person not
engaged in business who is outside the Philippines when the services are performed and
paid for in acceptable foreign currency and accounted for in accordance with the rules
and regulations of the BSP
– CIR v. Burmeister and Wain Scandinavian Contractor Mindanao, Inc., GR No. 153205,
January 22, 2007
–Accenture, Inc. v CIR, GR No. 190102, July 11, 2012
Zero-rated sale of services
• Services rendered to persons or entities whose exemption under special laws or international agreements to
which the Philippines is a signatory effectively subjects the supply of such services to 0% rate
• Services rendered to persons engaged exclusively in international shipping or air transport operations
including leases of property for use which such services shall be exclusively for international shipping
or oar transport operations.
• Transport of passengers and cargo by domestic air or sea vessels from the Philippines to a foreign country.
Gross receipts of international air or shipping carriers doing business in the Philippines derived from
transport of passengers and cargo from the Philippines to another country shall be exempt from VAT but still
liable to percentage tax of 3% based on their gross receipts from transport of cargo from the Philippines to
another country.
Zero-rated sale of services
• Sale of power or fuel generated through renewable sources of energy such as, but not
limited to, biomass, solar, wind, hydropower, geothermal and steam, ocean energy,
and other emerging sources using technologies such as fuel cells and hydrogen fuels.
Shall not be applicable to the sale of services related to maintenance or operation of
plants generating said power.
• TRAIN:
– Services rendered to registered enterprises within ecozones
VAT Exempt Transactions
SALE OR IMPORTATION OF AGRICULTURAL AND MARINE FOOD PRODUCTS,
LIVESTOCK AND POULTRY, BREEDING STOCK AND GENETIC MATERIALS
• Livestock or poultry does not include fighting cocks, race horses, zoo animals, and other
animals generally considered as pets
• TRAIN: includes Filipinos or their families and descendants who are now residents or
citizens of other countries, in quantities and of the class suitable to the profession, rank
or position of the persons importing said items
• Share Capital Contribution of each member – does not exceed Php 15,000
• Regardless of the aggregate capital and net surplus distributed among members.
• Residential
– Lot: up to Php1,919,500 (TRAIN: Php 1,500,000)
– House and lot: up to Php3,199,200 (TRAIN: Php 2,500,000)
VAT Exempt Transactions
LEASE OF RESIDENTIAL UNITS
• Monthly rental per unit: up to Php12,800 (TRAIN: Php15,000)
• Dwelling places
• When creditable?
– Importer: upon payment of VAT prior to release of goods from customs custody
– Purchaser of domestic goods or services: upon consummation of sale
– Purchaser of services, lessee, licensee: upon payment of the compensation, rental, royalty or
fee
– Capital goods
• Aggregate acquisition cost within a calendar month does not exceed Php1M: month of purchase
• Exceeds Php1M: 60 months (5 years) or actual number of months (less than 5 years)
• TRAIN: amortization allowed only until December 31, 2021
Transitional Input VAT
• Became VAT-registered persons upon exceeding Php 3,000,000 in any 12-month period
• Voluntarily registers as a VAT taxpayer even does not exceed Php 3,000,000
– except franchise grantees of radio and/ or television broadcasting whose threshold
• Whichever is HIGHER of
– 2% of value of beginning inventory on hand
– Actual VAT paid on such goods, materials and supplies
• 4% of the gross value in money of their purchases of primary agricultural products which are used as
inputs to their production
Withholding VAT
• Sale of goods and services to the government
– 5% withheld by the government
– 7% Standard Input VAT (SIV)
• Actual > SIV: expense
• Actual < SIV: income
• Effects of non-registration
– Liable to VAT as if VAT-registered
– Without the benefit of input tax
Basis of VAT
Nature of Transaction Tax Base
Example:
Migo bought a high-end laptop from SM Aplicance Center worth P 64,300.00 inclusive of
VAT. How much is the Vatable Sales? How much is the VAT Output Tax?
Solution:
Example:
Migo bought a high-end laptop from SM Aplicance Center worth P 64,300.00 exclusive of
VAT. How much is the Vatable Sales? How much is the VAT Output Tax?
Solution:
MGQ Corp., a domestic corporation acquired goods in Singapore with a taxable value of P
1,397,522, brokerage fees of P 6,796.90 and other charges of P 14,227.64.
Solution:
A Corp. sold P1M worth of goods plus 12% VAT to Government Agency (GA).
1. How much will GA pay A Corp?
2. How much is the VAT Payable of A Corp.?
Solution:
1. Goods (Net of VAT) P 1,000,000
Withholding 5%
Withheld taxes P 50,000
2. Answer : 0
The 5% tax withheld by GA is considered to be the Net VAT Payable by the seller to the
government.
NOTE:
VAT Output Tax P 120,000
W/held tax 50,000
Remaining Output Tax P 70.000
The Remaining Output Tax should not be paid to BIR but should be treated as Standard
Input VAT of A Corp.
VAT COMPUTATION
Sources of INPUT TAX:
Amount Deductible:
Purchases of Primary Agricultural products P XXX
Rate 4%
Presumptive Input Tax P XXX
VAT COMPUTATION
Computation for Transitional Input Tax
Persons covered: Taxpayers who became VAT-registered persons (previously non-VAT) shall be
entitled to a transitional input tax.
Amount Deductible:
Beginning Inventory P XXX
TIT 2%
2% Tax P XXX
Vs.
Whichever is HIGHER.
Note: Beginning inventory will include all inventories related to business subject to VAT regardless of
whether or not it was purchased from VAT or non-VAT supplier.
VAT COMPUTATION
Computation on Input VAT on Capital Goods
Problem 1:
RLQ, Inc. is a VAT registered corporation. On Jan. 15, 2018, PP purchased P3M worth of
capital goods from VAT registered supplier in 2018 with an estimated life of 10 years. How
much is the creditable input tax for January?
Problem 2:
JMCQ, Inc. is a VAT registered domestic corporation. On Jan. 15, 2018, it purchased P3M
worth of capital goods from VAT registered supplier in 2018 with an estimated life of 2 years.
How much is the creditable input tax for January?
A Corp. sold P1M worth of goods plus 12% VAT to Government Agency (GA). In making such sales
to government, A Corp. purchases totaled P 625,000 plus VAT of P75,000. How much is the Input Tax
of A Corp?
Solution:
VAT Output Tax P120,000
Tax w/held by GA 50,000
Remaining Output Tax 70,000
If: the Input Tax of A Corp in its purchases totaled P60,000 only, the P10,000 difference shall be
treated as other income of A Corp.
VAT Input Tax P 60,000
Less: Standard Input Tax 70,000
Other Income 10,000