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MODULE 2. Example 2-7. Jay & Kaye was a partnership in trade.

Jaye &
Kaye was dissolved, and Led & Med was formed to continue
VAT ON SALE OF GOODS OR the business of Jay & Kaye. At the time Jay & Kaye was
PROPERTIES dissolved, merchandise inventory is of ₱100,000, which was
also the physical inventory. The inventory will be deemed
LESSON 1- TRANSACTIONS DEEMED “SALES” sold by Jay &Kaye Co. to Led & Med Co., and will be subject to
QUICK FACTS ON VAT VAT.
1. VAT is a consumption tax. It is imposed on a seller, "GOODS OR PROPERTIES"
but the seller passes it on buyer. - all tangible and intangible objects capable of
2. VAT should be shown on the official invoice or pecuniary (money) estimation.
receipt as a separate item. - GOODS are movable properties.
3. VAT is 12%, 5% or 0% of the selling price. - PROPERTIES are real properties.
4. Each sale has a VAT, and separate recording on a per TAX BASE = Gross Selling Price
transaction basis, reporting and payment of VAT to - amount on which the rate of VAT is applied.
government is made monthly. - gross selling price includes everything that the buyer
TAXPAYER pays the seller.
- Person who sells, barter or exchanges goods or - Excludes VAT
properties in course of trade or business subject to - Includes excise tax.
VAT. - law and regulations allow downward adjustments
- Law exempts certain transactions from VAT. for:
TAXABLE TRANSACTIONS a. Sales returns and allowances;
- Sale, barter and exchange. b. Sales discounts agreed upon, at the time of sale,
- when “sale” is used, it includes barter and exchange. (granting does not depend on the happening of
a. SALE future event)
- transfer of ownership of property for money. Remember:
b. BARTER/EXCHANGE In an "actual sale", the selling price of the seller is:
- Transfer of ownership for property. a. Recovery of cost and expenses; and
- isolated transaction of sale or exchange of private b. Desired profit.
property is not in course of trade or business and not
 The Commissioner of Internal Revenue will
subject to VAT.
determine tax base in case the transactions are
TRANSACTIONS DEEMED SALES deemed sales, or where the gross selling price is
a. transfer, use or consumption, not in ordinary unusually lower than the actual market value.
course of business, of goods/properties for sale or TAX RATES
in course of business. a. 12% - domestic sale;
b. distribution or transfer of inventory to b. 5% - sales to Government (and certain entities);
shareholders for their shares in profit of VAT c. 0%
registered person. - export sale.
c. distribution or transfer of inventory to creditors in - whether title to the goods passed to the buyer in the
payment of debt. Philippines or abroad but paid in acceptable foreign
d. consignment if actual sale is not made within 60 currency.
days following the date it was consigned. "Export sales"
e. retirement from or cessation of business - sales and actual shipments or exportations of goods
Example 2-3. Mr. Cocoteh sells household furniture. He from Philippines to foreign country, irrespective of
removed from his store a living room set for use in his shipping arrangement that may influence or
residential house. This is deemed a sale. determine the transfer of ownership and paid in
foreign currency or its equivalent in goods or
Example 2-4. Titik Dee Co. declared and paid a dividend out
services and accounted in accordance with rules and
of merchandise inventory. This is deemed a sale.
regulations of BSP.[
Example 2-5. Ephal Co. is indebted to Ferlaloo Co. for raw LESSON 2- DETERMINATION OF VALUE-ADDED TAX PAYABLE
materials. When Eco Co. could not pay in money, Ferlaloo Co. VAT Payable of Seller
agreed to receive the finished goods of Eco Co. in payment. Output tax - VAT on sale.
This is deemed a sale by Eco Co.
Output Taxes (seller’s VAT on sales) xx
Example 2-6. GnaG Co., a manufacturer, made sales, as Less: Input Taxes (seller’s VAT paid on purchases, etc.) (xx)
follows: VAT PAYABLE OF SELLER xx

 To Mr. HaRimm, on credit, with title to the goods


Input tax – VAT paid:
passing to Mr. HaRimm, and
On local purchases from VAT-registered persons, and on
 to Mr. Inahya, on consignment, with title to the importations, of goods:
goods to pass only upon actual sale of the consigned a. For sale.
goods to a buyer. The goods consigned to Mr. Inahya b. For conversion of finished product for sale, including
are still in the shelves. packaging materials.
 sale to Mr. HaRimm is subject to VAT because title to c. For use as supplies.
the goods has passed to Mr. HaRimm. d. For use in trade or business, which
 The consignment to Mr. Inahya, although title to the depreciation/amortization is allowed for income tax
goods has not yet passed, will be subject to the VAT purposes (capital goods) except automobiles,
when actually sold by Mr. Inahya, or after 60days aircraft, and yachts.
from the date of consignment (Provision of law). e. VAT paid on purchases of real property.
f. VAT paid on purchases of services.
g. Transitional input tax
h. Presumptive input tax Reminder:
Example. Examples must be understood as all occurring within a
 Mr. Oh imported goods to be sold, with a landed month. It must be stated now that the vat is paid after the
cost of ₱40,000. end of a month.
 He sold the goods to Mr. Peeh for ₱90,000. REAL ESTATE DEALER
 Mr. Peeh sold the goods to Mr. Qyu for ₱170,000, - any person engaged in business of buying,
for use by Mr. Qyu as raw materials. developing, selling, or exchanging real property as
 Mr. Qyu secured the services of Mr. R, a service principal.
contractor and paid ₱50,000. - sale of real property by real estate dealer will be
 Mr. Qyu sold his products for ₱400,000. subject to VAT at 12% of the gross selling price.
 All taxpayers involved are VAT-registered persons GROSS SELLING PRICE
and all selling prices do not include VAT. - whichever is highest of the:
a. Consideration in deed of sale.
b. Zonal value, per Commissioner of Internal Revenue.
c. FMV per Real Property Declaration the Provincial or
City Assessor
*In absence of zonal value/FMV as MV refer to MV in latest
real property tax declaration.

INSTALLMENT SALE BY THE REAL ESTATE DEALER


- Installment payments of VAT is allowed if initial
payments do not exceed 25% of selling price in the
deed of sale.
STEPS ON INSTALLMENT VAT OF REAL ESTATE DEALER.
When initial payments do not exceed 25% of selling price:
1. Compute VAT at 12% on tax base (whichever is
highest of 3 values)
Tax formula on a purchase-sale transaction:
2. Determine the VAT on the installment payment, as
follows:

Example 2-22.
Example 2-15. Sale of real property in installments by a real estate dealer
 Mr. R, a VAT taxpayer, made a sale at ₱100,000, VAT
not included, of goods that he bought at ₱3,000
from a non-VAT taxpayer.
Example 2-16.

Output tax (₱100k x 12%) ₱12,000


Less: Input tax 0______
VAT payable ₱12,000

 Mr. Selly, VAT taxpayer, made a sale at ₱100,000,


VAT not included,
 of goods that he bought at ₱3,000 from a VAT
taxpayer, VAT not included.
Illustration 2-17. *Deed of sale and each OR showing installment price must
state that the VAT is based on zonal value.
Output tax (₱100k x 12%) ₱12,000
Less: Input tax (₱3k x 12%) 360____ Example 2-23.
VAT payable ₱11,640 Mr. Bolly is a real estate dealer. He sold a piece of land in
installment. Data were as follows:
Gross sales ₱200,000
Less: S. returns and allowances ₱20,000
Sales discounts 1,200 21,200
Net sales ₱178,800
Output Tax (178,800 x 12%) ₱ 21,456

On assumed data:
Gross purchases ₱100,000
Less: P. returns & allowances ₱10,000
Purchase discounts 500 (10,500)
Net purchases ₱89,500
Input tax (P89.5k x 12%) ₱10,740

From the preceding computations:


Output tax ₱21,456
Less: Input tax (10,740)
VAT payable 10,716
PRESUMPTIVE INPUT TAX
- 4% of gross value in money of purchases of primary
agricultural products.
- Persons or firms processing sardines, mackerel, and
milk, and in manufacturing refined sugar and cooking
oil, and packed noodle-based instant meals.
PRIMARY AGRICULTURAL PRODUCTS
- agricultural products in their original state.

Note:
 Agricultural products, previously VAT exempt, give
input tax to the preferred taxpayer.
 Are original marine products within the meaning of
original agricultural products? NO. The law at times
mentions “agricultural" and "marine" products
separately.
"PROCESSING"
- pasteurization, canning and activities through
physical or chemical process alters the exterior
texture or form or inner substance to prepare it for
special use.

Example 2-24.
Mr. Fis-shy purchases sardines from fishermen and processes
them into canned sardines. Going to processing in certain
period were the following purchases, VAT not included:

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