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CHAPTER I - IMPOSITION OF TAX objects which are capable of pecuniary estimation and shall include:
(a) Real properties held primarily for sale to customers or held for
Sec 105 Persons Liable lease in the ordinary course of trade or business;
(b) The right or the privilege to use patent, copyright, design or
VAT is impose on any person who: model, plan, secret formula or process, goodwill, trademark,
a. Sells, barters, exchanges, leases goods or properties in the trade brand or other like property or right;
course of trade or business, (c) The right or the privilege to use in the Philippines of any
b. Sells services in the course of trade or business; or industrial, commercial or scientific equipment;
c. Imports goods, WON in the court of trade or business (d) The right or the privilege to use motion picture films, tapes and
discs; and
Note: (e) Radio, television, satellite transmission and cable television
There must be a sale, barter, exchange, lease of goods or time.
properties, or rendering of service in the PH. If None – Not
subject to VAT Note: This is not an exclusive list.
Involuntary Sale of vessels by a taxpayer not engaged in
the sale of vessels pursuant to the government’s policy of GROSS SELLING PRICE – means the total amount of money or its
privatization is not subj to VAT because the sale was not in equivalent which the purchaser pays or is obligated to pay to the
the course of trade or business. seller in consideration of the sale, barter or exchange of the goods or
properties, excluding the VAT.
ELEMENTS (Transactions which is subj to VAT): The excise tax, if any, on such goods or properties shall
a. It must be done in the ordinary course of trade or business form part of the gross selling price.
b. There must be a sale, barter, exchange, lease of goods or
properties, or rendering service in the PH; and (2) The ff sales by VAT-registered persons shall be subj to (0%) rate:
c. It is not VAT-exempt or VAT Zero-rated
- Absense of one will not make the transaction subj to Note: For goods, a rate of 0% of the gross selling price will be
VAT applied if:
a. Export Sale
VAT is an indirect tax and the amount of tax may be shifted or b. Sales to persons or entities whose exemption under
passed on to the buyer, transferee or lessee of the goods, special laws, or international agreements to which the PH
properties or services. is a signatory (effectively-zero rated sales)
This rule shall likewise apply to existing contracts of sale or
lease of goods, properties or services at the time of the (a) EXPORT SALES:
effectivity of RA 7716. (1) 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
IN THE COURSE OF TRADE OR BUSINESS influence or determine the transfer of ownership of the
The regular conduct or pursuit of a commercial or an economic goods so exported; and
activity
It includes transactions incidental thereto, Paid for in acceptable foreign currency or its equivalent in
It covers any person regardless of WON the person engaged is: goods or services, and accounted for in accordance with
a. Nonstock, Nonprofit Private Organization (irrespective of the rules and regulations of the Bangko Sentral ng Pilipinas
the disposition of its net income and WON it sells (BSP);
exclusively to members or their guests); or
b. Government Entity. (2) Sale and delivery of goods to:
a. Registered enterprises within a separate customs
Rule of Regularity, to the contrary notwithstanding, services as territory as provided under special laws; and
defined in this Code rendered in the Philippines by nonresident b. Registered enterprises within tourism enterprise zones
foreign persons shall be considered as being course of trade or as declared by the Tourism Infrastructure and
business. Enterprise Zone Authority (TIEZA) subject to the
provisions under RA 9593: The Tourism Act of 2009.
NOTE:
If Taxpayer is a non-resident foreign person, no need for the (6) The sale of goods, supplies, equipment and fuel to persons
regularity of conduct – Services rendered by them in the PH are engaged in international shipping or international air
considered in the course of trade or business – SUBJ TO VAT transport operations: Provided, That the goods, supplies,
Exception to the “REGULARITY REQUIREMENT” equipment and fuel shall be used for international shipping
or air transport operations.
NORMAL VAT TRANSACTION or those subject to 12% are:
a. Sale of Goods and Properties Note:
b. Sale of Services; and (3) Sale of raw materials or packaging materials to a
c. Importation nonresident buyer for delivery to a resident local export-
oriented enterprise to be used in manufacturing,
Sec 106 VAT on Sale of Goods or Properties processing, packing or repacking in the Philippines of the
said buyer’s goods and paid for in acceptable foreign
(A) Rate and Base of Tax currency and accounted for in accordance with the rules
TAX RATE: 12% of the gross selling price or gross value in money of and regulations of the (BSP);
the goods or properties sold, bartered or exchanged
Such tax to be paid by the seller or transferor. (4) Sale of raw materials or packaging materials to export-
oriented enterprise whose export sales exceed (70%) of
TAX BASE: Gross Selling Price total annual production;
For the Benefit of the Seller For the benefit of the purchaser
In both, the seller who charges zero output tax can claim a refund or
a tax credit certificate for the VAT previously charged by suppliers.
(F) Services by agricultural contract growers and milling for others
Sec 109 Exempt Transactions. of palay into rice, corn into grits and sugar cane into raw
sugar;
VAT-EXEMPT TRANSACTIONS – the sale of goods or properties
and/or services and the use or lease of properties that is not subject (G) Medical, dental, hospital and veterinary services except those
to VAT (output tax) and the seller is not allowed any tax credit of rendered by professionals;
VAT (input tax) on purchases.
Note:
(1) Subject to the provisions of Subsection (2) hereof Laboratory services are exempted. But if hospital or clinic
operates a pharmacy or drug store, the sale of drugs and
the following transactions shall be exempt from the VAT: medicine is subject to VAT
(A) Sale of agricultural products; marine food products in their Health care company which merely provides and arranges
original state, livestock and poultry of a kind generally used as, for the provision of pre-med health care services to its
or yielding or producing foods from human consumption; and members in NOT VAT-EXEMPT. It does not provide
breeding stock and genetic materials therefor. medical services.
Products classified under this par shall be considered in their (H) Educational services rendered by private educational
original state even if they have undergone the simple institutions, duly accredited by the (DepEd), (CHED), (TESDA)
processes of preparation or preservation for the market such and those rendered by government educational institutions;
as freezing, drying, salting, broiling, roasting, smoking or
stripping. Polished and/or husked rice, corn grits, raw cane Note:
sugar and molasses, ordinary salt and copra shall be Educational services do not include seminars, in-service
considered in their original state. training, review classes and other similar services
rendered by persons who are not accredited by the
Note: DEPED, CHED or TESDA
LIVESTOCK – does not include fighting cocks, race horses, zoo
animals and other animals generally considered as pets. (I) Services rendered by individuals pursuant to an employer-
employee relationship;
ORIGINAL STATE – include even if the products have
undergone the simple process of preparation or preservation (J) Services rendered by regional or area headquarters
for the market. established in the Philippines by multinational corporations
which act as supervisory, communications and coordinating
RAW CANE SUGAR – natural sugar extracted from sugarcane centers for their affiliates, subsidiaries or branches in the Asia-
through simple mechanical process. Pacific Region and do not earn or derive income from the
It only refer to raw cane sugar produced from conducting Philippines;
only 1 stage of filtering and centrifuging without any other
further process applied thereto (K) Transactions which are exempt under international
agreements to which the Philippines is a signatory or under
(B) Sale or importation of fertilizers; seeds, seedlings and special laws, except those under PD 529;
fingerlings; fish, prawn, livestock and poultry feeds, including
ingredients, whether locally produced or imported used in the (L) Sales by agricultural cooperatives duly registered with the CDA
manufacture of finished feeds (except specialty feeds for race to their members as well as sale of their produce, whether in
horses, fighting cocks, aquarium fish, zoo animals and other its original state or processed form, to non-members; their
animals generally considered as pets) importation of direct farm inputs, machineries and equipment,
including spare parts thereof, to be used directly and
Note: exclusively in the production and/or processing of their
SPECIALTY FEEDS – non-agricultural feeds or foods for race produce;
horses, fighting cocks, aquarium fish, zoo animals and other
animals generally considered as pets (M) Gross receipts from lending activities by credit or multi-
purpose cooperatives duly registered with the Cooperative
(C) Importation of personal and household effects belonging to Development Authority;
the residents of the PH returning from abroad and non-
resident citizens coming to resettle in the PH (N) Sales by non-agricultural, non-electric and non-credit
Such goods are exempt from customs duties under the cooperatives duly registered with the Cooperative
Tariff and Customs Code Development Authority: Provided, That the share capital
contribution of each member does not exceed (₱15,000) and
(D) Importation of professional instruments and implements, regardless of the aggregate capital and net surplus ratably
tools of trade, occupation or employment, wearing apparel, distributed among the members;
domestic animals, and personal and household effects (Except
vehicles, aircrafts, machineries and other similar goods for use (O) Export sales by persons who are not VAT-registered;
in manufacture – subject to duties, taxes and other charges)
Belonging to: (P) Sale of real properties not primarily held for sale to customers
a. Persons coming to settle in the Philippines or or held for lease in the ordinary course of trade or business or
b. (Overseas Filipinos) Filipinos or their families and real property utilized for low-cost and socialized housing as
descendants who are now residents or citizens of defined by RA 7279: Urban Development and Housing Act of
other countries 1992, and other related laws, residential lot valued at
in quantities and of the class suitable to the profession, (1,500,000) and below, house and lot, and other residential
rank or position of the persons importing said items, for dwellings valued at (₱2,500,000) and below: Provided, That
their own use and not for barter or sale, accompanying beginning January 1, 2021, the VAT exemption shall only apply
such persons, or arriving within a reasonable time: to sale of real properties not primarily held for sale to
- BOC may, upon the production of satisfactory customers or held for lease in the ordinary course of trade or
evidence that such persons are actually coming to business, sale of real property utilized for socialized housing as
settle in the Philippines and that the goods are defined by RA. 7279, sale of house and lot, and other
brought from their former place of abode, exempt residential dwellings with selling price of not more than
such goods from payment of duties and taxes: (₱2,000,000): Provided, further, That every (3) years
thereafter, the amount herein stated shall be adjusted to its
(E) Services subject to percentage tax under Title V; present value using the Consumer Price Index, as published by
the Philippine Statistics Authority (PSA);
(Q) Lease of a residential unit with a monthly rental not exceeding
(₱15,000);