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CTT EXAMINATION REVIEWER (NOTES) PAGE A - 30

VALUE-ADDED TAX FORMULA IN COMPUTING VAT PAYABLE


OUTPUT TAX Px x
Who are liable to VAT? Less: INPUT TAX x x
Any individual, trust, estate, partnership, VAT PAYABLE x x
corporation, joint venture, cooperative or
association who in the course of his trade or Gross sales/receipts by husband and wife
business: For purposes of the threshold of P3 million,
the husband and the wife shall be considered
1. Sells, barters, exchanges goods or separate taxpayers.
properties
2. Sells or renders services However, the aggregation rule for each
3. Leases properties taxpayer shall apply. For instance, if a
4. Imports goods professional, aside from the practice of his
profession, also derives revenue from other
To be subject to VAT lines of business which are otherwise subject
1. The annual gross selling price (sale of to VAT, the same shall be combined for
goods/ properties) or gross receipts (sale purposes of determining whether the
of services and lease of properties) must threshold has been exceeded.
exceed P 3 million.
The VAT-exempt sale shall not be included in
2. If the taxpayer is VAT-registered, he is determining the threshold.
subject to VAT, regardless of the amount
of GSP/GR. Sources/Kinds of Input Tax (creditable
from the Output Tax)
In the course of his trade or business means 1. Input tax on local purchases of goods or
the regular conduct or pursuit of a properties other than capital goods
commercial or an economic activity, including 2. Input tax on importation of goods or
transactions incidental thereto, by any properties other than capital goods
person regardless of whether or not the 3. Input tax on local purchases or
person engaged therein is a non-stock, non- importation of capital goods
profit private organization (irrespective of the 4. Input tax on local purchases of services
disposition of its net income and whether or 5. Creditable withholding VAT
not it sells exclusively to members or their 6. Transitional input tax
guests), or government entity. 7. Presumptive input tax
EXCEPTIONS (these are subject to VAT even
if there is no business) VAT ON SALE OF GOODS OR PROPERTIES

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

Formula: In case (4) the tax base shall be


whichever is lower between:
Gross Sales P xx
Less: Sales discount Pxx Acquisition Cost vs Current Market Price
Sales returns & allowances x x x x of the goods or properties
Net Sales x x
TRANSITIONAL INPUT TAX (on a person
Add: Excise tax (if any) x x
Gross selling price x x who becomes liable to VAT or those who
elect to be VAT registered) as of the
Transactions Deemed Sale (Purpose: To effectivity of their VAT registration.
recapture the VAT that was already claimed
as Input Tax) Whichever is higher between:

1. Transfer use or consumption not in the  2% of the value of the beginning


course of business of goods or properties inventory on hand of goods, materials
originally intended for sale or for use in and supplies, or
the course of business. Transfer of goods  Actual VAT paid on such materials, goods
or properties not in the course of trade or and supplies
business can take place when VAT
PRESUMPTIVE INPUT TAX on sale of goods
registered person withdraws goods from
or properties
his business for his personal use.
VAT registered persons or firms engaged in
2. Distribution or transfer to – the –
a. Shareholders or investors as share in
1. Processing of sardines, mackerel, and
the profits of the VAT registered person.
milk, and
Property dividends which constitute 2. In manufacturing refined and raw sugar,
stocks in trade or properties primarily cooking oil and packed noodle-based
held for sale or lease declared out of instant meals
retained earnings and distributed by the
company to its shareholders shall be  4% of the gross value in money of their
subject to VAT based on the zonal value purchases of primary agricultural products
or FMV at the time of distribution, which are used as inputs to their
whichever is applicable. production

b. Creditors in payment of debt or Zero-rated sales of goods


obligation. 1. Zero-rated transactions vs. Exempt
transactions
3. Consignment of goods if actual sale is
not made within 60 days following the a. 0%- subject to VAT only that the rate is
date such goods were consigned. Those 0%.
returned within the 60-day period are not E - not subject to VAT
deemed sold. b. 0%- no output tax but the taxpayer is
4. Retirement from or cessation of entitled to tax credit or refund of
business with respect to all goods on input taxes.
hand, whether capital goods, stock in E - no tax credit or refund for input
trade, supplies or materials as of the date taxes are allowed.
of such retirement or cessation, whether 2. Sales by VAT registered persons sub-ject
or not the business is continued by the to 0%:
new owner or successor, to wit: A. Export sales which shall mean:
a. Change of ownership of business. There a. The sale or actual shipment of goods
is change of ownership of the business from Philippines to foreign country
when a single proprietorship and paid for in acceptable foreign
incorporates; or the proprietor of a currency or its equivalent in goods or
single proprietorship sells his entire services, and accounted for in
business. accordance with the rules and
regulations of the BSP;
b. Dissolution of a partnership and
creation of a new one which takes over b. The sale of goods, supplies,
the business. equipment and fuel to persons
engaged in international shipping or
In cases (1) (2) and (3), the output tax international air transport
shall be based on the market value of the operations: Provided, that, the
goods deemed sold at the time of goods, supplies, equipment, and fuel
occurrence of the transaction. shall be used exclusively for
CTT EXAMINATION REVIEWER (NOTES) PAGE A - 32

international shipping or air transport Deferred Payment/Installment Sales


operations. of Real Property
Deferred Payment Basis – not a cash sale of
B. Effectively zero-rated sales
Effectively zero-rated sales of goods and real property but the initial payment in the
properties shall refer to the local sale year of sale exceeds 25% of the gross selling
(constructive export) by a VAT-registered price.
person to a person or entity who was Installment Basis – sale of real property by a
granted indirect tax exemptions under real estate dealer in which the initial
special laws or international agreement, payment does not exceed 25% of the gross
such as: selling price.
a. Sale to Asian Development Bank (ADB); Computation of tax base:
b. Sale to International Rice Research 1. Cash sale and Deferred Payment Sale –
Institute (IRRI); whichever is the highest among:
c. Sale to duly registered and accredited a. Gross selling price
enterprises with Subic Bay Metropolitan b. Fair market value (assessor’s
Authority (SBMA); and value)
d. Sale to duly registered and accredited c. Zonal value (BIR)
enterprises with Philippine Economic
Zone Authority (PEZA). 2. Installment basis – multiply the
collection/gross selling price by the
VAT ON SALE OF REAL PROPERTY highest among
1. The following sales of real property are a. Gross
subject to VAT: selling price
a. Those held primarily for sale to b. Fair
customers; market value
b. Those held for lease in the ordinary c. Zonal
course of trade or business of the value
seller. VAT ON SALE OF SERVICES
2. The following are not subject to VAT: Sale Tax Base: Gross receipts - the total amount
of real property which are - of money or its equivalent actually or
constructively received during the taxable
a. Not held primarily for sale to custo- quarter for the services performed or to be
mers or held for lease in the ordinary performed for another person (excluding the
course of trade or business; VAT):
b. Utilized for low-cost housing (P750,000 a. On the contract price,
per unit or less); compensation, service fee, rental or
c. Utilized for socialized housing royalty;
(P450,000 per unit or less); b. Amount charged for materials
d. Made by real estate dealers and/or supplied with the services; and
lessors of house and lot and other c. Deposits applied as payments for
residential dwellings valued at not more services rendered and advanced
than: payments.
Residential lot - P1,500,000 Constructive receipt occurs when the money
Residential house & lot - P2,500,000 consideration or its equivalent is placed at
Provided, that beginning January 1, 2021, the control of the person who conducted the
the VAT exemption shall only apply to the service without restrictions by the payor such
following sales: as depositing the money in the bank which
are available to the payee without restriction.
1. Sale of real
properties not primarily held for sale to Computation of gross receipts:
customers or held for lease in the Cash received (actually and
ordinary course of trade or business, constructively) Pxx
2. Sale of real Advance payments xx
property utilized for socialized housing Materials charged for services xx
(RA 7279), Gross receipts xx

3. Sale of house Sale or exchange of services means the


and lot, and other residential dwellings performance of all kinds of services in the
with selling price of not more than Philippines for others for a fee, remuneration
P2,000,000. or consideration, including those performed
or rendered by the following:
CTT EXAMINATION REVIEWER (NOTES) PAGE A - 33

1. Construction and service contractors broadcasters, choreographers; musical,


radio, movie, television and stage
2. Warehousing services;
directors; and professional athletes;
3. Lessors or distributors of cinematographic
14. Other similar services, regardless of
films;
whether or not the performance thereof
4. Persons engaged in milling, processing, calls for the exercise or use of the physical
manufacturing or repacking goods for or mental faculties.
others except: Zero-rated sale of services
The following services performed in the
a. Palay into rice
Philippines shall be subject to 0%.
b. Corn into corngrits
c. Sugar cane into muscovado and raw 1. Processing, manufacturing or repacking
cane sugar goods
a. For other persons doing business
5. Proprietors, operators or keepers of
outside the Philippines
hotels, motels, resthouses, pension
b. The goods are subsequently exported;
houses, inns, resorts;
and
6. Dealers in securities and lending c. The services are paid for in acceptable
investors foreign currency and accounted for in
accordance with the rules and
7. Proprietors or operators of restaurants,
regulations of the Bangko Sentral ng
refreshment parlors, cafes and other
Pilipinas.
eating places, including clubs and
caterers. 2. Services other than (1) above, if the
consideration is paid in acceptable foreign
8. Transportation contractors on their
currency and accounted for in accordance
transport of goods or cargoes, including
with the R & R of the BSP;
persons who transport goods or cargoes
for hire and other domestic carriers by 3. Services rendered to persons or entities
land relative to their transport of goods or whose exemption under special laws or
cargoes; international agreements to which the
Philippines is a signatory effectively
9. Common carriers by air and sea relative
subjects the supply of such services to
to their transport of passengers, goods or
0%.
cargoes from one place in the Philippines
to another place in the Philippines; 4. Services rendered to persons engaged in
international shipping or air transport
10. Sale of electricity by generation,
operations, including leases of property for
transmission by any entity including
use thereof: Provided, that these services
National Grid Corporation of the
shall be exclusively for international
Philippines (NGCP), and distribution
shipping or air transport operations;
companies including electric cooperatives
shall be subject to 12% VAT on their gross 5. Services performed by subcontractors
receipts. and/or contractors in processing,
converting, or manufacturing goods of an
11. Services of franchise grantees, except –
enterprise whose export sales exceed 70%
a. electric utilities, telephone and of total annual production;
telegraph, radio and/or television
6. Transport of passengers and cargo by
broadcasting and all other franchise
domestic air or sea vessels from the
grantees of radio and/or television
Philippines to a foreign country; and
broadcasting companies whose annual
gross receipts of the preceding year do 7. Sale of power or fuel generated through
not exceed P10,000,000, and renewable sources of energy such as, but
b. franchise grantees of gas and water not limited to biomass, solar, wind,
utilities. hydropower, geothermal, ocean energy,
and other emerging energy sources using
12. Non-life insurance companies, including
technologies such as fuel cells and
surety, fidelity, indemnity and bonding
hydrogen fuels.
companies;
Provided, however, that zero-rating shall
13. Services performed in the exercise of
apply strictly to the sale of power or fuel
profession or calling subject to
generated through renewable sources of
professional tax, and professional services
energy, and shall not extend to the sale of
performed by registered professional
services related to the maintenance or
partnerships; actors, actresses, talents,
operation of plants generating said power.
singers, and emcees; radio and television
CTT EXAMINATION REVIEWER (NOTES) PAGE A - 34

Allocation of input taxes


TRAIN LAW: 1. If the taxpayer operates a VAT and a non-
Paragraphs (1) and (5) above shall be VAT business
subject to the 12% VAT and no longer be 2. The Input Taxes paid for the purchases of
subject to 0% VAT rate upon satisfaction of goods and services cannot be directly
the following conditions: attributed to either operation
3. It shall be allocated between the VAT and
non-VAT businesses on the basis of their
1. The successful establishment and respective sales during the taxable month.
implementation of an enhanced VAT
VAT ON IMPORTATION OF GOODS/
refund system that grants refunds of
PROPERTIES
creditable input tax within 90 days from
Subject: Goods and properties whether the
the filing of the VAT refund application
importation is –
with the bureau:
a. For sale, or
2. Provided, that, to determine the effectivity b. For use in business, or
of Item no. 1, all applications filed from c. For personal use
January 1, 2018 shall be processed and
Tax Rate: 12%
must be decided within 90 days from the
filing of the VAT refund application; and 2. Tax Base:
All pending VAT refund claims as of Dec a. Ad valorem (value used by the Bureau of
31, 2017 shall be fully paid in cash by Dec Customs in determining tariff and customs
31, 2019. duties)
VAT ON LEASE OF PROPERTIES Dutiable value xx
1. Transactions subject: Lease of real Add: Customs duties xx
properties held primarily for lease to Excise tax xx
customers in the ordinary course of trade Other charges and legitimate
or business. expenses xx
Base xx
2. Lease of residential units which are
VAT exempt b. Specific - valuation is based on volume or
a. With a quantity of the imported goods, the basis
monthly rental per unit not exceeding shall be the landed cost.
P15,000.
Landed cost means the total of invoice
b. Where cost, freight, insurance, customs duties,
the monthly rental per unit exceeds excise tax, if any, and other charges prior
P15,000, but the aggregate of such to the removal of the goods from customs
rentals of the lessor during the year do custody.
not exceed P3,000,000 shall be subject
to 3% percentage tax. Time of Payment– It shall be paid by the
importer prior to the release of the goods
Even if the real property is not primarily from customs custody.
held for sale to customers or held for lease
in the ordinary course of trade or business If the imported goods by VAT-exempt are
but is used in the trade or business of the subsequently sold, transferred or exchanged
seller, the sale thereof shall be subject to to non-exempt persons or entities - the
VAT being a transaction incidental to the transferee shall be considered the importer
taxpayer’s main business. and shall be liable for VAT due on such
importation.
Residential units - refer to apartments and
houses & lots used for residential Excess Input Tax over Output Tax
purposes, and buildings or parts or units 1. Input tax during Excess shall be
thereof used solely as dwelling places the month carried-over to next
(e.g., dormitories, rooms and bed spaces) 2. Excess input tax – quarter/s
except motels, motel rooms, hotels and previous quarter
hotel rooms, lodging houses, inns and
pension houses.
Unit - means an apartment unit in the
case of apartments, house in the case of
residential houses; per person in the case
of dormitories, boarding houses and bed
spaces; and per room in case of rooms for
rent.
CTT EXAMINATION REVIEWER (NOTES) PAGE A - 35

a. Sale or importation of agricultural and


Rules on Withholding of Creditable VAT
The government or any of its political marine food products in their original
subdivisions, agencies/instrumentalities, state, livestock and poultry of a kind
GOCCs shall before making payment on generally used as, or yielding or
account of each purchase of goods and/or producing, foods for human consumption;
services taxed at 12% deduct and withhold a and breeding stock and genetic materials;
creditable withholding VAT due at the rate of Products considered in their original state:
5% of the gross payment thereof.
1. products which undergone simple
Spread of INPUT TAX on capital goods processes of preparation or
(depreciable properties with a useful life of preservation for the market (freezing,
more than one (1) year) drying, salting, broiling, roasting,
Rules: smoking or stripping)
2. polished or husked rice
1. 3. corn grits
million in a calendar month- the input tax 4. raw cane sugar and molasses
shall be spread evenly over a period of 60 5. ordinary salt
months or the life of the asset, whichever 6. copra
is shorter if -
b. Sale or importation of fertilizers, seeds,
a. Goods or properties with estimated seedlings and fingerlings, fish, prawn,
useful life greater than one (1) year and livestock and poultry feeds, including
which are treated as depreciable assets, ingredients, whether locally produced or
a. Used directly or indirectly in the imported, used in the manufacture of
production or sale of taxable goods or finished feeds (except specialty feeds for
services; race horses, fighting cocks, aquarium fish,
zoo animals and other animals generally
c. If the capital good is sold within 5 years considered as pets);
or prior to exhaustion of input VAT
thereon - the entire unamortized input c. Importation of -
tax on the capital goods sold can be 1. professional instruments and
claimed as input tax credit during the implements,
month/quarter when the sale was 2. tools of trade, occupation or
made. employment,
3. wearing apparel,
3. Aggregate acquisition cost of 4. domestic animals, and
the existing or finished capital goods 5. personal and household effects
purchased or imported during any
calendar month does not exceed P 1 M, belonging to persons coming to settle in
the Philippines or Filipinos or their
- total input taxes will be credited against families and descendants who are now
output tax in the month of acquisition residents or citizens of other countries,
Aggregate acquisition cost - total price, such parties hereinafter referred to as
excluding the VAT, agreed upon for one or overseas Filipinos, in quantities and of
more assets acquired and not on the the class suitable to the profession,
payments actually made during the rank or position of the persons
calendar month. importing said items, for their own use
and not for barter or sale,
The amortization of the input VAT shall only accompanying such persons, or arriving
be allowed until December 31, 2021 after within a reasonable time:
which taxpayers with unutilized input VAT on
capital goods purchased or imported shall be Provided, that vehicles, vessels, aircrafts,
allowed to apply the same as scheduled until machineries and other similar goods for
fully utilized; use in manufacture shall be subject to
duties, taxes and other charges.
In the case of purchase of services, lease or
use of properties, the input tax shall be d. Services subject to percentage tax under
creditable to the purchaser, lessee or Title V of the Tax Code, as follows:
licensee upon payment of the compensation, 1. Sale or lease of goods or properties or
rental, royalty or free. the performance of services of non-
TRANSACTIONS WHICH ARE EXEMPT VAT-registered persons, those whose
FROM VAT annual gross sales and/or receipts of
No Output Tax on the sale or lease and no which do not exceed the amount of P3
Input Tax credit on purchases. Million;
CTT EXAMINATION REVIEWER (NOTES) PAGE A - 36

2. Services rendered by franchise grantees j. Transactions which are exempt under


of radio and/or television broadcasting international agreements to which the
whose annual gross receipts of the Philippines is a signatory or under special
preceding year do not exceed laws except those granted under
P10,000,000, and by franchise Petroleum Exploration Concessionaires
grantees of gas and water utilities; under the Petroleum Act of 1949;
3. Services of proprietors, lessees or k. Sales by agricultural cooperatives duly
operators of cockpits, cabarets, night or registered and in good standing with the
day clubs, boxing exhibitions, CDA to their members, as well as sale of
professional basketball games, jai-alai their produce, whether in its original state
and race tracks; or processed form, to non-members; their
importation of direct farm inputs,
4. Services rendered by any person,
machineries and equipment, including
company or corporation (except purely
spare parts thereof, to be used directly
cooperative companies or association)
and exclusively in the production and/or
doing life insurance business of any sort
processing of their produce;
in the Philippines;
l. Gross receipts from lending activities by
5. Services rendered by fire, marine or
credit or multi-purpose cooperatives duly
miscellaneous insurance agents of
registered and in good standing with the
foreign insurance companies;
CDA;
6. Receipts on sale, barter or exchange of
m. Sales by non-agricultural, non-electric
shares of stock listed and traded
and non-credit cooperatives duly
through the local stock exchange or
registered with and in good standing with
through initial public offering;
the CDA; provided, that the share capital
7. Services rendered by domestic common contribution of each member does not
carriers by land, for the transport of exceed P15,000 and regardless of the
passengers, and keepers of garages; aggregate capital and net surplus ratably
distributed among the members;
8. Services rendered by international air
or shipping carriers for the transport of n. Export sales by persons who are not VAT-
goods or cargo originating in the registered;
Philippines and going abroad; and
o. Sales of real properties, as follows:
9. Services rendered for overseas 1. Sale of real properties not primarily
dispatch, message or conversation held for sale to customers or held for
originating from the Philippines. lease in the ordinary course of trade or
business;
e. Services by agricultural contract growers
and milling for others of (1) palay into However, even if the real property is
rice, (2) corn into grits, and (3) sugar not primarily held for sale to customers
cane into muscovado and raw cane sugar; or held for lease in the ordinary course
of trade or business but the same is
f. Medical, dental, hospital and veterinary
used in the trade or business of the
services, except those rendered by
seller, the sale thereof shall be subject
professionals;
to VAT being a transaction incidental to
g. Educational services rendered by private the taxpayer’s main business.
educational institutions duly accredited by
2. Sale of real properties utilized for low-
the (1) DepED, (2) CHED, (3) TESDA and
cost housing wherein the price ceiling
those rendered by (4) government
per unit is P750,000;
educational institutions;
"Low-cost housing" refers to housing
h. Services rendered by individuals pursuant
projects intended for homeless low-
to an employer-employee relationship;
income family beneficiaries, undertaken
i. Services rendered by regional or area by the Government or private
headquarters established in the Philippines developers, which may either be a
by multinational corporations which act as subdivision or a condominium
supervisory, communications and registered and licensed by the HLURB
coordinating centers for their affiliates, under BP Blg. 220, PD No. 957 or any
subsidiaries or branches in the Asia Pacific other similar law, wherein the unit
Region and do not earn or derive income selling price is within the selling price
from the Philippines; per unit as set by the Housing and
Urban Development Coordinating
CTT EXAMINATION REVIEWER (NOTES) PAGE A - 37

Council (HUDCC) pursuant to RA No. dwellings shall be VAT exempt if selling


7279 and other laws. price is not more than P2,000,000.
3. Sale of real properties utilized for SUMMARY: Sale is exempt if SP does not
socialized housing wherein the price exceed
ceiling per unit is P450,000; and
Sale of From 1/1/18 Effective
"Socialized housing" refers to housing residential - 12/31/20 1/1/21
programs and projects covering houses
and lots or home lots only undertaken 1. Lot P 1.5 M P 2.0 M
by the Government or the private
sector for the underprivileged and 2. House & lot 2.5 M 2.0 M
homeless citizens which shall include 3. Socialized H 450,000 2.0 M
sites and services development, long-
term financing, liberated terms on p. Lease of residential units with a monthly
interest payments, and such other rental per unit not exceeding P15,000,
benefits. regardless of the amount of aggregate
"Socialized housing" shall also refer to rentals received by the lessor during the
projects intended for the year;
underprivileged and homeless wherein Lease of residential units where the
the housing package selling price is monthly rental per unit exceeds P15,000
within the lowest interest rates under but the aggregate of such rentals of the
the Unified Home Lending Program lessor during the year do not exceed
(UHLP) or any equivalent housing P3,000,000 shall be subject to 3%
program of the Government, the private percentage tax.
sector or non- government
organizations. q. Transport of passengers by international
carriers;
4. Sale of residential lot valued at
P1,500,000 and below, or house and lot r. Sale, importation, printing or publication
and other residential dwellings valued of books and any newspaper, magazine,
at P2,500,000 and below. journal, or any educational reading
material covered by the United Nations
If two or more adjacent residential lots are Educational, Scientific and Cultural
sold or disposed in favor of one buyer, for Organization (UNESCO) agreement on the
the purpose of utilizing the lots as one importation of education, scientific and
residential lot “within a 12-month period”, cultural materials, including the digital or
the sale shall be exempt from VAT only if electronic format thereof.
the aggregate value of the lots do not
exceed P1,500,000. s. Sale, importation or lease of passenger or
cargo vessels and aircraft, including
Adjacent residential lots, although covered
engine, equipment and spare parts thereof
by separate titles and/or separate tax
for domestic or international transport
declarations, when sold or disposed of to
operations
one and the same buyer, whether covered
by one or separate Deed of Conveyance, t. Importation of fuel, goods and supplies by
shall be presumed as a sale of one persons engaged in international shipping
residential lot. or air transport operations; Provided, that
the fuel, goods and supplies shall be used
This does not include the sale of parking
for international shipping or air transport
lot which may or may not be included in operations.
the sale of condominium units. The sale of
parking lots in a condominium is a u. Importation of life-saving equipment,
separate and distinct transaction and is safety and rescue equipment and
not covered by the rules on threshold communication and navigational safety
amount not being a residential lot, house equipment, steel plates and other metal
& lot or a residential dwelling, thus, should plates including marine-grade aluminum
be subject to VAT regardless of amount of plates, used for shipping transport
selling price. operations; Provided, that the exemption
shall be subject to the provisions of
Effective Jan. 1, 2021: sale of real
Section 4 of Republic Act. No. 9295 (The
properties not primarily held for sale to Domestic Shipping Development Act of
customers or held for lease in the ordinary
2004);
course of trade or business, sale of real
property utilized for socialized housing, v. Importation of capital equipment,
sale of house and lot, and other residential machinery, spare parts, lifesaving and
CTT EXAMINATION REVIEWER (NOTES) PAGE A - 38

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.

a. whose annual gross receipts of the Rules:


preceding year do not exceed 1. Only VAT-registered persons are required
P10,000,000 derived from the business to print their TIN followed by the word
covered by the law granting the “VAT” in their invoice or official receipts.
franchise are subject to franchise tax Said documents shall be considered as a
and not VAT. “VAT Invoice” or “VAT Official Receipt.
b. However, they may opt to be VAT 2. All purchases covered by invoices/ receipts
registered other than VAT Invoice/VAT Official
c. Once this option is exercised, it shall be Receipt shall not give rise to any input tax.
irrevocable (subject to VAT forever).
3. VAT invoice/official receipt shall be
5. The above-stated taxpayers may apply for prepared at least in duplicate, the original
VAT registration not later than 10 days to be given to the buyer and the duplicate
before the beginning of the calendar to be retained by the seller as part of his
quarter and shall pay the registration fee accounting records.
unless they have already paid at the
beginning of the year. ISSUANCE OF INVOICES
1. Single invoice/receipt involving VAT and
In any case, the Commissioner of Internal non-VAT transactions.
Revenue may, for administrative reason
A VAT registered taxpayer may issue a
deny any application for registration.
single invoice/receipt involving VAT and
Once registered as a VAT person, the non-VAT transactions provided that:
taxpayer shall be liable to output tax and The invoice or receipt shall clearly indicate
be entitled to input tax credit beginning on the break-down of the sales price between
the first day of the month following its taxable, exempt and zero-rated
registration. components and the calculation of the
Value-Added Tax on each portion of the
APPLICATION FOR REGISTRATION
sale shall be shown on the invoice or
The application shall be filed with the RDO
receipt.
where the principal place of business,
branch, storage place or premises is located, 2. Separate invoices/ receipts involving VAT
as the case may be, before commencement and Non-VAT transactions
of business or production or qualification as a A VAT registered person may issue
withholding agent. separate invoices/receipts for the taxable,
exempt, and zero-rated component of its
In the case of storage places, the application
sales provided that:
shall be filed within 30 days from the date
a. If the
the aforesaid premises have been used for
sales is exempt from VAT, the term
storage.
"VAT-EXEMPT SALE" shall be written or
CANCELLATION OF VAT REGISTRATION printed prominently on the invoice or
A VAT-registered person may cancel his receipt, and
registration for VAT if: b. If the sale is subject to zero percent
1. He makes a written application and (0%) VAT, the term "ZERO-RATED
can demonstrate to the satisfaction of the
CTT EXAMINATION REVIEWER (NOTES) PAGE A - 41

SALE" shall be written or printed income do not exceed P3 million and


prominently on the invoice or receipt. who opted for the 8% income tax.
2. Cooperatives
ISSUING AN ERRONEOUS VAT INVOICE OR
VAT OFFICIAL RECEIPT 2. CARRIERS’ TAX: Domestic Carriers
1. If a non-VAT registered person issues an What are subject?
invoice or receipt showing his TIN followed 1. Cars for rent or hire driven by the
by the word VAT, the non-VAT person lessee;
shall be liable to: 2. Transportation contractors on land,
including persons who transport
a. The percentage taxes applicable to his passengers for hire;
transactions; 3. Other domestic carriers by land for
b. The VAT due on the transactions transport of passengers, except
without the benefit of any tax credit; owners of bancas and owners of
and animal-drawn two-wheeled vehicles;
c. A 50% surcharge. and
2. If a VAT registered person issues a VAT 4. Keepers of garages.
invoice or official receipt for a VAT-exempt RATE AND BASE: 3% of gross receipts
transaction but fails to display prominently Business tax on Transport Network Vehicle
on the invoice or receipt the term “VAT Service (TNVS)
EXEMPT SALE”, the issuer shall be liable to
VAT. Status TNVS/Partner

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

registered as a value-added taxpayer and 6. TAX ON OTHER NON-BANK FINANCIAL


pay the tax due thereon. INTERMEDIARIES INCLUDING FINANCE
COMPANIES, MONEY CHANGERS AND
Once this option is exercised, it becomes PAWNSHOPS
irrevocable.
Tax Base: Gross receipts
5. TAX ON AGENTS OF FOREIGN Tax Rates:
INSURANCE COMPANY a. On interests, commissions and
Tax Rate and Tax Base: discounts from lending activities as
1. 4% of the total premium well as income from financial leasing
collected shall be imposed upon on the basis of remaining maturities of
every fire, marine or miscellaneous the instruments from which such
insurance agent authorized under the receipts are derived:
Insurance Code to procure policies or
insurance as he may have previously Maturity period:
been legally authorized to transact on Five (5) years or less 5%
risks located in the Philippines for More than 5 years 1%
companies not authorized to transact b. From all other items treated
business in the Philippines. as gross income under Sec. 5%
2. 5% on premiums paid shall also 32 of the tax code
be imposed on owners of property
who obtain insurance directly with 8. TAX ON OVERSEAS DISPATCH, MESSAGE
foreign insurance companies. OR CONVERSATION ORIGINATING
FROM THE PHIL (OVERSEAS
This tax shall not apply to COMMUNICATIONS TAX)
reinsurance premiums.
RATE AND BASE: 10% of the amount
5. TAX ON BANKS AND NON-BANK paid upon every overseas dispatched,
FINANCIAL INTERMEDIARIES PER- message or conversation transmitted
FORMING QUASI-BANKING FUNCTIONS from the Philippines (outgoing) by
Tax Base:Gross Receipts derived from telephone, telegraph, telewriter
sources within the Philippines exchange, wireless and other
communications equipment services.
Tax Rates:
a. On interest, commissions and Exemptions– This tax shall not apply to:
discounts from lending activities as 1. Government
well as income from financial leasing, 2. Diplomatic services
on the basis of remaining maturities 3. International organizations
of instruments from which such 4. News services
receipts are derived: Time for filing – The person rendering
Maturity period: services shall collect and pay the tax
Five (5) years or less 5% within 20 days after the end of each
More than 5 years 1% quarter.

b. On dividends and equity shares 9. AMUSEMENT TAX


The following amusement places shall be subject to the
and net income of subsidiaries 0%
corresponding tax rates based on gross receipts:
c. On royalties, rentals of proper- 10% Place for boxing exhibitions
ty, real or personal, profit from 15% Place for professional basketball
exchange and all other items games
treated as gross income under 18% Cockpits, cabarets, night or day
Sec 32 of the Code 7% clubs
30% Jai-Alai and race tracks
d. On net trading gains within the
taxable year on foreign Boxing exhibitions where World or
currency, debt securities, Oriental Championships in any division is
derivatives and other similar at stake shall be exempt from
7%
financial instruments amusement tax, if -
In case the maturity period is shortened 1. one of the contenders is a citizen of
thru pretermination, then the maturity the Philippines; and
period shall be reckoned to end as of the 2. said exhibitions are promoted by
date of pretermination for purposes of a) citizens of the Philippines, or
classifying the transaction and the correct b) by a corporation or association at
rate of tax shall be applied accordingly. least 60% of the capital of which is
owned by such citizens.
CTT EXAMINATION REVIEWER (NOTES) PAGE A - 43

d. Secondary offering –an offer for sale


10. TAX ON WINNINGS
to the investing public by the existing
Persons subject: Any person who –
shareholders of their securities which
1. Wins in horse races.
is conducted during an IPO or a
2. Owns a winning race horse, based on
follow-on/follow-through offering.
the prize.
e. Follow-on/Follow-through offering of
Tax Rate and Tax Base: shares –an offering of shares to the
a. Winner in horse races . . . . 10% investing public subsequent to an IPO.
But if from: Double, forecast, quinella
Filing and payment
and trifecta bets - 4%
1. Primary Offering - The corporate issuer
BASE: Actual amount of winnings or
shall file the return and pay the
dividends on every ticket after
corresponding tax to the RDO which has
deducting the cost of ticket.
jurisdiction over said corporate issuer
b. Owner of winning horse - within thirty (30) days from the date of
10% of the prize listing of the shares of stock in the Local
Stock Exchange. The return shall be
FILING AND PAYMENT – The operator, accompanied with a copy of the
manager or person in charge of horse instrument of sale.
races shall file and pay within 20 days
from the date the tax was deducted and 2. Secondary Offering – within five (5)
withheld. banking days from the date of collection
thereof and to submit on Mondays of each
11. STOCK TRANSACTION TAX week to the secretary of the Local Stock
Exchange, of which he is a member, a true
Tax Base: Gross selling price and complete return, which shall contain a
1. On the sale, barter, exchange or declaration, that he made under the
other disposition of shares listed and penalties of perjury, of all the transactions
traded thru a local stock exchange, effected through him during the preceding
other than by a dealer in securities- week and of taxes collected by him and
6/10 of 1% turned over to the concerned RDO.
Filing and payment: Within 5 banking
The secretary of the LSE shall reconcile
days from the date of collection.
the records of the LSE with the weekly
2. IPO TAX - On the sale, barter, reports of stockbrokers and in turn
exchange or other disposition thru transmit to the RDO, on or before the 15th
initial public offering of shares of day of the following month, a consolidated
stock in a closely-held corporation, in return of all transactions effected during
accordance with the proportion of the the preceding month through the LSE.
shares sold, bartered, exchanged or
FILING OF RETURN (BIR FORM NO.
otherwise disposed of to the total
2551Q) AND PAYMENT OF PERCENTAGE
outstanding shares of stock after the
TAXES (except Tax on Winnings and Stock
listing in the local stock exchange, as
Transactions Tax and Initial Public Offerings
follows:
Tax)
Up to 25% . . . . . . . . . . . 4% 1. TIME FOR FILING AND PAYMENT
Over 25% but not over 33 1/3 . 2% Large and non-large taxpayers-within 25
Over 33 1/3 % . . . . . . . . 1% days after the end of every quarter on the
following:
a. Closely held corporation – a
corporation at least 50% in value of a. VAT-exempt taxpayers with annual
outstanding capital stock or at least gross sales/receipts not exceeding
50% of the total combined voting P3M;
power of all classes of stock entitled b. Domestic carriers and keepers of
to vote is owned directly or indirectly garages;
by or for not more than 20 c. International air/shipping carriers;
individuals.
d. Franchisees of gas or water utilities;
b. Initial public offering –public offering e. Franchisees of radio and/or TV
of shares of stock made for the first broadcasting with revenues not
time in the Local Stock Exchange. exceeding P10M;
c. Primary offering –the original sale f. Franchise grantees sending overseas
made to the investing public by the dispatch, messages or conversations
issuer corporation of its unissued from the Philippines
shares of stock.
CTT EXAMINATION REVIEWER (NOTES) PAGE A - 44

g. Proprietors, lessees or operators of


cockpits, cabarets, night or day clubs,
boxing exhibitions, professional
basketball games, jai-alai and
racetracks.
h. Banks, non-bank financial
intermediaries and finance companies.
i. Life insurance companies; and
j. Agent of foreign insurance companies.
2. PLACE OF FILING- At his option, the
taxpayer may file:
a. a separate return for each branch or
place of business, or
b. a consolidated return for all branches
or places of business.
3. SHORT PERIOD RETURN – Person
who retires from business or whose
registration has been cancelled shall file
quarterly return and pay the tax due
thereon within 25 days from cessation or
business operations or from the date of
cancellation of registration, as the case
maybe.

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