Commissioner of Internal Revenue versus Court of Appeals and

Commonwealth Management and Services Corporation

G.R. No. 125355, March 30, 2000
First Division, Pardo, J.

Facts: Commonwealth Management and Services Corporation

(COMASERCO, for brevity) is a registered corporation in the Philippines,
affiliated with Philippine American Life Insurance Co. (Philamlife) who
organized that the former collect, perform consultative and other technical
services like acting as an internal auditor for Philam and its other affiliates. The
Bureau of Internal Revenue (BIR) issued an assessment to COMASERCO for
deficiency VAT for the services mentioned, this was objected by the latter
through a letter of protest. BIR nevertheless, issues a collection letter.
COMASERCO then filed with the CTA a petition for review contesting the
assessment. The CTA ruled in favor of CIR, in the CA upon appeal the decision
was reversed. Hence, the CIR files for petition for review on certiorari of the
decision of the CA. COMASERCO argues that its services were “no-profit,
reimbursement-of-cost-only” basis and cannot be considered as “engaged in
business.”

Issue(s): Whether COMASERCO was engaged in the sale of services, and thus
liable to pay VAT thereon.

Decision: Yes.The Court grants the petition and reverses the CA decision.
Section 105 of RA 8424 provides that The term "in the course of trade or
business" requires the regular conduct or pursuit of a commercial or an
economic activity regardless of whether or not the entity is profit-oriented.
Hence, even a non-stock, non-profit organization or government entity is liable
to pay VAT on the sale of goods or services. Both the Commissioner of Internal
Revenue and the Court of Tax Appeals correctly ruled that the services
rendered by COMASERCO to Philamlife and its affiliates are subject to VAT. As
pointed out by the Commissioner, the performance of all kinds of services for
others for a fee, remuneration or consideration is considered as sale of services
subject to VAT. As the government agency charged with the enforcement of
the law, the opinion of the Commissioner of Internal Revenue, in the absence
of any showing that it is plainly wrong, is entitled to great weight.

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