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VAT EXEMPT SALES AND TRANSACTIONS NOTE: livestock/poultry does not include fighting cocks,

1. Sale or importation of: race horses, zoo animals and other animals generally
- Agricultural and marine “food” products in their considered as pets.
“original state” 2. Sale/importation of :
(it must be food and in original state, eto yung - Fertilizers
mga hindi pa naprocess na products) - Seeds, seedlings and fingerlings, fish, prawn,
Ex: fisherman tas direkta sell sa market livestock and poultry feeds, including
- Livestock and Poultry of any kind generally used ingredients, whether locally produced or
as, or yielding or producing foods for human imported used in the manufacture of finished
consumption and breeding stock and genetic feeds.
materials therefore. EXCEMPTION: Specialty feeds refers to non-
Meaning of “original state” agricultural feeds or food for race horses, fighting
- Products classified under this exemption cocks, aquarium fish pets are subjected to vat.
(meat,fruits,veg) shall be considered in their
“orig state” even if they have undergone the Importation of premix enzyme additives for livestock
simple processes of preparation or preservation feeds – a sole proprietorship which has license to
for the marker (freezing, drying, salting, operate from the bureau of animal industry engaged in
broiling, roasting, smoking, stripping) including this kind of importation is to be duly registered for
those using advanced technological means of livestock, poultry and aquaculture feeds use only.
packaging, such as shrink wrapping in plastics,
vacuum packing tetra-pack, and other similar 3. Importation of personal and household effects
packaging methods. belonging to:
(example sa grocery ung mga poultry na - The residents of the Philippines returning from
freezed) abroad
Ex. Of agricultural and marine food products in their - Non resident citizens coming to resettle in the
orig state: phil
Agricultural Ex: damit or gamit sa bahay or kusina (dala mo from
- Polished/husked rice abroad)
- Corn grits Provided that such goods are exempt from customs
- Raw cane sugar and molasses duties under the Tariff and Customs Code of the
- Copra Phils. (not taxable kasi personal na gamit mo yon
Marine syempre)
- Fish - Pero kung isang truck dala mo eh for
- Crustaceans: lobster, shrimps, prawns, oysters, commercial na siya therefore taxable na, grabe
mussels, clams, trout, eels naman shshhhaa.
Livestock 4. Importation of professional instruments and
- Cows implements, tools of trade, occupation of
- Bulls employment, wearing apparel, domestic
- Calves animals, and personal and household effects
- Pigs belonging to:
- Sheep - Persons coming to settle in the phil
- Goats - Filipinos or their families and descendants who
- Rabbits are now residents or citizens of other countries,
Poultry such parties herein referred to as overseas
- Fowls Filipinos. (connected to number 3)
- Ducks Ex: ung mga citizen na sa ibang bans ana gusto nang
- Geese umuwi dahil sa tanda or American talaga na want
- Turkey magsettle.
(difference neto at nung number 3, ung 3 eh taga Educ services shall render to academic,
pilipinas ka talaga) technical or vocational educ provided by private
and gov and it does not include seminars, in-
5. Services subject to percentage tax under title V service training, review classes and other similar
of the tax code (sections 116-127) services rendered by persons who are not
- Isa lang either vat or percentage accredited by deped ched and tesda.
6. Services by:
Ex: feu vat exempt tuition ganon misc other fees,
a. “agricultural contract growers” and
pero mga rents tenants subjected to vat.
b. “Milling” for others of: palay into rice, corn
9. Sec 109(i) services rendered by individuals
into grits, sugar cane into raw sugar (not all
pursuant to an employer-employee relationship
millers are exempt like flour)
(not actually engaged in business ka syempre,
Agricultural contact growers – persons producing for
and employee ay working for employer)
other’s poultry, livestock/agricul and marine food
10. 109 (j) services rendered by regional or area
products in orig state. Its services growing into
headquarters established in the ph by
marketable products.
multinational corp which act as supervisory,
Ex: poultry tas di alam gagawin sa mga itlog, so
communications and coordinating centers for
pinaalagaan niya mga itlog sa ibang tao then ibabalik sa
their affiliates, subsidiaries or branches in the
kanya pag nagging sisiw na. ung ibang tao na yon ay
asia-pacific region and do not earn or derive
agricultural contract growers
income from ph.
- Multinational corp, if they established
7. Medical, dental, hospital and veterinary services
headquarters in our country, need iclassify kung
except those rendered by professionals.
anong headquarter rhq or regional operating
Ex: stress from ecq after lockdown nagpacheck
headquarters. RHQ not deriving income, for
up ka bcs not feeling well, services by a doctor is
supervision purposes lang siya, if rohq naman
a professional fee, therefore vatable.
nagdederive ng income sa country natin
- Laboratory services are exempted regardless
therefore eto subject to income tax, at
kung kay doc or hospital.
nagnenegosyo eh business tax din.
- Medical services dito ay example naconfine ka,
dental= cancer related to dental or nadisgrasya
ka ganon exempt yun, pero kung nasakit lang
ngipin mo eh that’s a prof fee therefore vatable.
Another example: nagkasakit ung aso
pinagamot, vatable. Pinaoperahan aso =vat
exempt.
- Pharmacy or drugstore, sale of drugs and
medicines are subjected to VAT, unless
exempted by law like hypertension ganern.
- Hospital bills constitute medical services,
exempt
11. 109 (k) transactions which are exempt under
Ex: naconfine ka tas may mga sinaksak na
international agreements to which the ph is a
sayong gamot (in-patients which are included in
signatory or under special laws, except those
the hospi bills), exempt yon pero kung pinabili
under presidential decree no.529 (petroleum
ka ng gamot either sa labas ng hospi or sa hospi,
exploration concessionaires under petroleum
vatable (out-patients are taxable bcs not part of
act of 1949)
medical services of the hospi)
- Vat exempt pag sinabi ng treaty,
8. Sec 109 (h)- “educational services rendered by
napagkasunduan ng bansa eh exempt
private educational inst. Duly accredited by the
- Ex: PD 1869 – PAGCOR charter, RA 9367 –
deped, ched, tesda, and those rendered by
biofuels act, RA 10072 – phil red cross, RA 9994
government educational inst.
expanded senior citizens act of 2010, RA 10754- and other coop exempt siya IF HINDI LALAGPAS NG 15K
magna carta for PWDs UNG SHARE CAPITAL CONTRIBUTION.
12. 109 (L) “sales by agricultural cooperatives duly
registered with the cooperative development 15. 0
authority to their members as well as sale of 16. P
their produce, whether in its orig state or 17. Q
processed form, to non members, their 18. R
importation of direct farm inputs, machineries 19. 109 (S) transport of passengers by
and equipment, including spare parts thereof, international carriers doing business in the
to be used directly and exclusively in the Philippines. The same shall not be subject to
production or processing of their produce. other percentage taxes as amended under
- Need icheck kaninong product binebenta, if RA10378
product mismo ni cooperative, kahit kanino - Types of carriers, domestic and international,
ibenta that’s vat exempt. yung binabanggit dito is international via air via
Ex: coconut farmers tayo then may cooperative sea including shipping.
tapos siyang nangangasiwa ng ibang products - Example if you go to America then hindi phil
natin at sila nagaayos at nagcoconvert into airline instead mga foreign carriers like emirates
useful products (processed or not) then ganon, it is vat exempt, yung pamasahe mo is
ibebenta to members or non members. Basta vat exempt and not also into percentage tax.
product mismo ni coop, kapag hindi niya naman - Transport of cargo by international carriers
product ang binenta eh vatable sa non doing business in the ph, vat exempt parin pero
members only. subject to percentage tax common carrier’s
13. 109 (m) gross receipts from “lending activities” tax.
by “credit or multi purpose cooperatives” duly 20. 109 (t) sale, importation or lease of passenger
registered with the coop development or cargo vessels and aircraft, including engine,
authority” exemption is not only limited to the equipment and pare parts thereof for domestic
gross receipts on loans extended to its or international transport operations, provided
members but also to other persons who are not that the exemption from vat on the importation
members. and local purchase of passenger andor cargo
-( yung pautang lang, vat exempt, only to vessels shall be subject to the requirements on
lending activity lang) restriction on vessel importation and
- exempt to members or hindi, as long as to mandatory vessel retirement program of
lending activities lang, if non lending then MARINA
subjected to vat siya. - Pagbenta, pagimport or paupa ng passenger or
cargo vessels regardless if domestic or
14. 109 (n) sales by non-agricultural, non-electric international. If silent problem, pasok dito
and non-credit cooperatives duly registered unless stated.
with the cooperative dev authority, provided 21. 109 (u) importation of fuel, goods and supplies
that the share capital contribution of each by persons engaged in international shipping
member does not exceed 15,000 pesos and (domestic or international company yan,
regardless of the aggregate capital and net shipping ang sinabi) or air transport operations;
surplus ratably distributed among the members. provided that the fuel goods and supplies shall
Importation of stated above including spare be used for international shipping or air
parts thereof, to be used by them are subject to transport operations. Shall be used exclusively
vat or pertain to transport of goofs/passenger from
- electric and credit coop are vatable a port in the ph directly to a foreign port or vice
- eto kasi mga hindi nabanggit na coop before N, parang versa, without docking or stopping at any other
etc na part tong N “and other coop” if nagfall siya ng port in the ph.
- Ex: phil airline nagimport ng fuel goods supply, 25. 109 (y) association dues. Membership fees, and
tanong aanhin niya? If international shipping other assessments and charges collected on a
exempt, if domestic vatable. purely reimbursement basis by a homeowners’
- Basta dapat hindi from ph to another land in ph associations and condominium corp.
basta hindi bababa to another land in ph. - Yung binayad mo na association dues sa condo
- Local or foreign company exempt and sinasabi is or homeowners, gagamitin nila yun kasi
SHIPPING IF THE SHIPPING IS LOCAL THEN babayad nila sa ilaw sab asura sa gwardya kaya
VATABLE reimbursement basis.
22. 109 (V) services of banks, non-bank financial 26. 109 (Z) Sale of gold o the bangko sentral ng
intermediaries performing quasi-banking pilipinas. – only beg jan 1,2018 upon the
functions, and other non-bank financial effectivity of RA10963(previously subject to 0%
intermediaries, such as money changers and vat)
pawnshops, subject to percentage tax under - (UNA dapat gold PANGALAWA dapat sa BSP
sections 121 and 122, respectively of the tax ibebenta)
code. 27. 109 (AA) sale of drugs and medicines prescribed
- Pag banko or financial intermediaries pawnshop for diabetes, high cholesterol and hypertension
at money changers hindi siya vatable PERO beg jan 1, 2019 kahit sino pa ang buyer at seller
UNDER NG PERCENTAGE TAX (3%) (other meds and drugs are vatable)
23. 109 (w) sale or lease of goods and services to ex: senior citizen or pwd bumili ng med hindi
senior citizens and persons with disabilities, as ganyan, exempt parin kasi senior or pwd sila, if
provided under RA no. 9994 (expanded senior normal ka lang na tao tas hindi ganyan yung
citizens act of 2010) and RA no. 10754 (an act gamut na binili mo, vatable.
expanding the benefits and privileges of 28. 109 (BB) sale or lease of goods or proeprties or
persons with disability (PWD), respectively. the performance of services other than the
- Ex: bumili si lolo ng alak, hindi exempt yun, transactions mentioned in the preceding
hindi lahat na ibebenta sa senior ay exempt paragraphs, the gross annual sales and/or
24. 109 (X) transfer of property pursuant to section receipts do not exceed the amount of 3m.
40 © (2) of the tax code, as amended (upon (under ng percentage tax if not included here sa
effectivity of RA10963-TRAIN) 109 bb)
- Tax-free exchanges refer to those instances
enumerated in section 40©(2), NIRC (hindi
subjected to: )are not subject to income tax,
capital gains tax, doc stamp tax, vat
IN GENERAL, 2 kinds of tax-free exchange (1) transfer
to a controlled corporation; and (2) merger or
consolidation.
- Transfer to a controlled corp – no gain or loss
shall be recognized if propery is transferred to a
corp by a person in exchange for stock or unit of
participation in such corporation of which as a
result of such exchange said person, alone or
together with others, not exceeding 4 persons,
gains control or said corp. (ex: si sir may maliit
na pagaari na lupa, etong lupa ay nitransfer ng
pagaari sa isang corp, at dahil don nagging
majority na ko ng shareholder, tawag dito ay
purely stock transaction sa income taxation,
transaction is exempt from taxes.

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