Professional Documents
Culture Documents
1. Importation of goods for personal use; Rate and Base: 12% of Gross Selling Price
and Gross selling price - the total amount of
2. Services rendered in the money or its equivalent which the purchaser
Philippines by non-resident foreign pays or is obligated to pay to the seller in
persons, even if isolated (considered as consideration of the sale, barter or exchange
being rendered in the course of trade or of the goods or properties, excluding VAT but
business). including excise tax, if any.
The recipient of the service shall withhold In computing the taxable base during the
and remit the VAT to the BIR. Such VAT can month or quarter, the following shall be
be claimed by the recipient as input tax. allowed as deductions:
Nature and characteristics of VAT Deductions from GSP
1. VAT is a tax on consumption levied on the 1. Sales discounts determined and granted at
sale, barter, exchange or lease of goods or the time of sale, expressly indicated in the
properties and services in the Philippines. invoice the amount thereof forming part of
the gross sales duly recorded in the books
2. The Seller is the one statutorily liable for
of accounts, the granting of which does
the payment of the tax but the amount of
not depend upon the happening of a
the tax may be shifted or passed on to the
future event.
buyer, transferee or lessee of the goods,
properties or services. 2. Sales returns and allowances for which a
3. The tax is a business tax imposed on the proper credit or refund was made during
privilege of selling or importing goods or the month or quarter to the buyer for
rendering services for a fee, remuneration sales previously recorded as taxable sales.
or consideration (excise tax).
CTT EXAMINATION REVIEWER (NOTES) PAGE A - 31
navigational equipment, steel plates and paragraphs, the gross annual sales and/or
other metal plates including marine-grade receipts do not exceed the amount of
aluminum plates to be used in the P3,000,000.
construction, repair, renovation or
FILING OF RETURN & PAYMENT OF TAX
alteration of any merchant marine vessel
1. Time for filing and payment (manual
operated or to be operated in the domestic
filing)
trade.
a. Monthly VAT declaration- Within 20
Provided, that the exemption shall be days after the end of each month.
subject to the provisions of Section 19 of
b. Quarterly Return- Within 25 days after
RA 9295;
the end of the quarter.
w. Services of banks, non-bank financial
c. Withholding VAT Return– on or before
intermediaries performing quasi-banking
the 10th day following the end of the
functions, and other non-bank financial
month
intermediaries subject to percentage tax,
such as money changers and pawnshops; Beginning Jan. 1, 2023, the filing and
and payment required under the Tax Code
shall be done within 25 days following the
x. Business pursued by an individual where
close of each taxable quarter.
the aggregate gross sales and/or receipts
do not exceed P100,000 during any 12- 2. Place of filing and payment –
month period (shall be considered Any authorized bank where the Revenue
principally for subsistence or livelihood District Office is located.
and not in the course of trade or
3. Modes of Payment
business);
a. Over-the-counter cash payment
y. Sale or lease of goods and services to transactions - payment of tax liabilities
senior citizens and persons with to authorized agent banks (AAB) in the
disabilities currencies that are legal tender in the
Philippines (not exceeding P10,000)
z. Transfer of Property pursuant to Section
40(C)(2) of the Tax Code, as amended; b. Bank debit system – a taxpayer, thru a
bank debit memo/advice authorizes
aa. Association dues, membership fees, and
withdrawal from his/its existing bank
other assessments and charges collected
accounts for payment of tax liabilities.
by homeowners associations and
condominium corporations; Conditions:
1. This mode is allowed only if the
bb. Sale of gold to the Bangko Sentral ng
taxpayer has a bank account with the
Pilipinas;
bank where he/it intends to file and
cc. Sale of drugs and medicines prescribed for pay his/its tax return/form/
diabetes, high cholesterol, and declaration;
hypertension and sale or importation of
2. Said AAB branch is within the
prescription drugs and medicines for
jurisdiction of the BIR Revenue
cancer, mental illness, tuberculosis, and
District Office (RDO)/Large
kidney diseases;
Taxpayers District Office (LTDO)
dd. Sale or importation of the following goods where the tax payment is due and
from January 1, 2021 to December 31, payable.
2023:
3. This mode is not acceptable as
1. Capital equipment, its spare parts and payment for withholding taxes
raw materials, necessary to produce including fringe benefit tax and for
personal protective equipment taxes, fees and charges collected
component; under special schemes/procedures
2. All drugs, vaccines and medical devices /programs of the government/BIR
specifically prescribed and directly used
for the treatment of Covid-19; c. Credit facility with a bank, credit
3. Drugs, including raw materials, for the company or similar institution; or
treatment of Covid-19 approved by the d. Personal or company check, cashier’s or
Foods and Drugs Authority for use in manager’s check
clinical trials.
The following checks are not acceptable
ee. Sale or lease of goods or properties or for payment:
the performance of services other than the
transactions mentioned in the preceding 1. Accommodation checks – issued or
CTT EXAMINATION REVIEWER (NOTES) PAGE A - 39
drawn by a party other than the one or invoices and other documents in support
making the payment. of the application filed in accordance with
2. Second endorsed checks – issued to the subsections (A) and (B) hereof; Provided,
taxpayer as payee who indorses the that, should the Commissioner find that the
same as payment for taxes. grant of refund is not proper, the
3. Stale checks – dated more than 6 Commissioner must state in writing the legal
months prior to presentation to the and factual basis for the denial.
AAB.
In case of full or partial denial of the claim
4. Post-dated checks – dated a day or
for tax refund, the taxpayer affected may,
several days after the date of
within thirty (30) days from the receipt of
presentation to the AAB.
the decision denying the claim, appeal the
5. Unsigned checks – no signature of the
decision with the Court of Tax Appeals:
drawer
6. Checks with alterations/erasures Provided, however, that failure on the part of
any official, agent, or employee of the BIR to
ELECTRONIC FILING & PAYMENT SYSTEM
act on the application within 90-day period
1. Definitions
shall be punishable under Section 269 of this
a. EFPS - refers to the system developed
the Tax Code, as amended.
and maintained by the BIR for
electronically filing tax returns, including REGISTRATION OF VAT TAXPAYERS
attachments, if any, and paying taxes Any person or entity who, in the course of his
due thereon, specifically thru the trade or business, sells, barters, exchanges,
internet. leases goods or properties and renders
services subject to VAT shall register with the
b. e-Filing – the process of electronically appropriate Revenue District Office (RDO).
filing returns including attachments, if
any, specifically thru the internet. Annual Registration Fee: P500 for every
separate and distinct establishment or place
c. e-Payment– the process of electronically of business before the start of such business
paying a tax liability thru the internet and every year thereafter on or before
banking facilities of AAB. January 31 (BIR Form 0605).
2. Coverage – open to all taxpayers who
MANDATORY VAT REGISTRATION
want to make use of the system; however,
Any person who enters into transactions that
the following are mandated to make use of
are or maybe subject to VAT, if:
the system:
a. The aggregate amount of actual gross
a. Large taxpayers duly notified by the
sales or receipts (other than those that
BIR
are exempt) exceed P3 Million for the
b. Top 20,000 private corporations
past 12 months, or
identified and notified by the CIR
c. Top 5,000 individual taxpayers duly b. There are reasons to believe that the
notified by the BIR gross sales or receipts for the next 12
d. Taxpayers who wish to enter into months will exceed P3 million.
contract with government offices
c. Radio and/or television broadcasting
e. Corporations with paid-up capital of P10
companies whose annual gross receipts of
million and above;
the preceding year exceeds P10,000,000.
f. PEZA registered entities and those
located within special economic zones; Every person who becomes liable to be
and registered as VAT taxpayer but failed to
g. Government offices in so far as register –
remittance of withheld VAT and a. shall be required to pay the
business tax is concerned. output tax as if he were a VAT registered
REFUND OF INPUT TAX/CONVERSION TO person,
TAX CREDIT CERTIFICATE on ZERO RATED b. but without the benefit of input
SALES tax credits for the period in which he was
File application with the BIR within 2 years not properly registered.
after the close of the taxable quarter when
OPTIONAL VAT REGISTRATION
the sales were made, except transitional
1. Any person who is –
input tax.
a. VAT-
In proper cases, the Commissioner of exempt or
Internal Revenue shall grant refund for b. not
creditable input taxes within 90 days from required to register for VAT
the date of submission of the official receipts
CTT EXAMINATION REVIEWER (NOTES) PAGE A - 40
May elect to be VAT-registered by CIR that his gross sales or receipts for the
registering with the RDO that has following 12 months, other than those that
jurisdiction over the head office of that are exempt, will not exceed P3 million; or
person, and pay the annual registration
2. He has ceased to carry on his trade or
fee of P500 for every separate and distinct
business, and does not expect to
establishment.
recommence any trade or business within
2. Any person who elects to be registered the next 12 months.
shall not be allowed to cancel his
The cancellation for registration will be
registration for the next three (3) years.
effective from the first day of the following
3. Any person who is VAT-registered but month the cancellation was approved.
enters into transactions which are exempt
from VAT (mixed transactions) may opt INVOICING REQUIREMENTS
that the VAT apply to his transactions A VAT registered person shall issue:
which would have been exempt under 1. A VAT invoice for every sale, barter or
Section 109(1) of the Tax Code, as exchange of goods or properties; and
amended [Sec. 109(2)]. 2. A VAT official receipt for every lease of
4. Franchise grantees of radio and/or goods or properties and for every sale,
television broadcasting - barter or exchange of services.
In both cases, the VAT shall, if other With CPC (franchise) 3% Franchise Tax
requisite information required is shown on Without CPC 3% non-VAT/12% VAT
the invoice or receipt, be recognized as an 3. COMMON CARRIERS TAX ON
input tax credit to the purchaser. INTERNATIONAL CARRIERS
CONTENTS OF VAT INVOICE/OFFICIAL Who are subject? International air carriers
RECEIPT and international shipping carriers doing
A VAT-registered person must issue a VAT business in the Philippines.
invoice for every taxable transaction. The
invoice/official receipt must show: Rule on international carriers:
1. The name, TIN and address of seller Business Tax Passengers Cargoes
2. Contact address VAT Exempt Exempt
3. Date of transaction
Taxable on
4. Name of payor 3% Carriers Tax Exempt
outgoing
5. Address of payor
6. Business style of payor Rate and Base: 3% of gross receipts
7. Nature and amount of payment Gross receipts shall include, but shall not
8. The amount of VAT, gross and net of tax be limited to, the total amount of money
or its equivalent representing the contract,
freight/cargo fees, mail fees, deposits
OTHER PERCENTAGE TAXES applied as payments, advance payments
and other service charges and fees
1. TAX ON PERSONS EXEMPT FROM VAT actually or constructively received during
(NON-VAT under Sec 116) the taxable quarter from cargo and/or
TRANSACTIONS SUBJECT: Sale, lease of mail, originating from the Philippines in a
goods or properties, or performance of continuous and uninterrupted flight,
services. irrespective of the place of sale or issue
RATE and BASE: 3% of gross selling price and the place of payment of the passage
or gross receipts. Effective July 1, 2020 documents.
until June 30, 2023, the rate shall be 1%. 4. FRANCHISE TAX
Requisites: Who are subject? Franchise holders of:
1. The gross annual sales/receipts do 1. Radio/television broadcasting compa-
not exceed P 3 million); AND nies whose annual gross receipts of the
2. Must not be a VAT registered preceding year do not exceed P10
taxpayer. million - 3%
EXEMPTION FROM 3% NON-VAT: 2. Gas and water utilities - 2%
1. Self-employed individuals and All other franchise holders shall pay the
professionals whose annual gross VAT. The radio and television broadcasting
sales/receipts and other non-operating companies shall have an option to be
CTT EXAMINATION REVIEWER (NOTES) PAGE A - 42