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The three (3) major types of business taxes in the Philippines are:
1. Value-Added tax (VAT)
2. Other percentage tax (OPT)
3. Excise taxes
Value-added tax (12%) is a tax added by every seller to the purchase price or cost
in the sale or lease of goods, property or services in the ordinary course of trade or
business including the importation of goods into the Philippines, whether for
personal or business use. VAT is imposed on:
● VAT on sale of goods or properties
● VAT on importation of goods
● VAT on sale of services and use or lease of properties.
The law that governs the implementation of VAT is RA 9337. Under this law, a
single rate equivalent to 12% is based on the following:
Section 109 of NIRC as amended under RA 10963 also known as the Tax Reform
for Acceleration and Inclusion (TRAIN) Law, provided the following VAT exempt
transactions:
A. Sale or importation of the following:
● Sale of agricultural and marine food products in their original state
● Livestock and poultry products for human consumption. (not including pets)
● Breeding stock and genetic materials.
○ products considered in their original state:
○ products which undergone simple processes of preparation or
preservation ( freezing, drying, salting roasting, etc)
○ polished or husked rice
○ corn grits
○ raw cane sugar and molasses
○ ordinary salt
○ copra
○ the sale of real properties not primarily held for sale to customers or
held for lease in the ordinary course of trade or business shall be
subject to VAT being a transaction incidental to the taxpayer's main
business.
○ real property utilized for "low-cost housing" under RA 7279
○ Real properties utilized for "socialized housing"
○ Real properties primarily held for sale to customers or held for lease
in the ordinary course of trade or business provided the
RESIDENTIAL LOT is valued not more than P1,500,000 while
HOUSE & LOT is valued not more than P2,500,000.
Beginning January 1, 2021, the VAT exemption shall only apply to the following:
○ Sale of real properties not primarily held for sale to customers or held
for lease in the ordinary course of trade or business.
○ Sale of real property utilized for socialized housing under RA 7279 as
amended
○ Sale of House & Lot and other residential dwellings with selling price
of not more than P2,000,000.
Sources of output VAT of seller of goods or properties may come from the
following:
Seller of Goods:
1. Actual sale (cash and on account).
2. Transactions deemed sales.
Ex: Consigned good that exceeds 60 days)
■ Transfer, use or consumption not in the course of business of
goods or properties – withdrawal of goods from his business for
his personal use
■ Distribution or transfer to creditors in payment of debt
Ex: You owe creditor 100k but you don’t have money so instead you send a
product (dacion en pago) worth of 100k
■ Distribution or transfer to shareholders or investors share in the
profits of VAT registered person.
■ Consignment of goods if actual sales is not made within 60
days following the date such goods were consigned
■ Retirement from a cessation of business.
3. Zero rated sales
Included in computation of Gross sales but not included in computation for Output
Tax
■ Export sales
■ Sales to persons or entities deemed “tax-exempt” under Special
Law or International Agreement – SBMA, PEZA, ADB and
IRRI
The basis of the 12% output VAT on actual sales shall be as follows:
■ Sale of goods - Gross Selling price
■ Sale of services - Gross Receipts
■ Sale by a dealer in securities - Gross income
■ Sale of real properties - the highest
amount among - Selling Price vs FMV provided by
city/municipal assessor and the zonal value provided
by the Commissioner of Internal Revenue (CIR)
PARTICULARS AMOUNT
Invoice amount P xxx
Customs duties xxx
Freight xxx
Insurance (Importation) xxx
Other charges within BOC xxx
Landed cost P xxx
Excise tax xxx
Total P xxx
Rate 12%
VAT on Importation P xxx
TRANSACTIONS AMOUNT
Output VAT P xxx
Less: Input VAT
Directly attributed to vatable transactions ( xxx)
Not directly attributed (mixed transaction)
(Taxable sales - private/Total sales) X Input tax ( xxx)
(Taxable sales - govt/Total sales) X Input tax ( xxx)
(Exempt sales/Total sales) X Input tax -
Balance P xxx
Less: 5% withholding VAT on sales made to government ( xxx)
VAT Payable P xxx
Sales by Agricultural, Non-Agricultural and Electric Cooperatives
● Lease of residential unit with a monthly rental per unit not exceeding
P15,000 regardless of the amount of aggregated rentals received by the
lessor during the year.
● Lease of residential unit where the monthly rental per unit exceeds
P15,000 but the aggregated of such rentals of the lessor during the year
do not exceed P3,000,000 shall likewise be exempt from VAT but
however shall be subject to Percentage Tax as follows:
○ Prior to July 1, 2021 : 3%
○ From July 1, 2021 to June 30, 2023 : 1%
○ Beginning July 1, 2023 : 3%
Every person liable to pay the value-added tax under the Tax Code shall file a
"quarterly" return of the amount of his gross sales or receipts within 25 days
following the close of each taxable prescribed for each taxpayer.
The place of filing of VAT returns in case payment is involved.
○ a duly accredited agent bank (AABs) located in the revenue
district office where such taxpayer is required to register. In the
absence of the AABs, the retun should be filed with any of the
following:
■ RDOfficer
■ Collection Agent
■ Duly authorized Treasurer of the city/municipality
where such taxpayer is registered.
In addition to the value-added tax imposed is Excise Tax which is also known as
tax on the production, sale or consumption of a commodity and is imposed on:
Goods imported
Manner of Computation
Alcohol products
Tobacco products
Petroleum products
Miscellaneous Articles
Mineral products
In general :
o manufacturer
o producer
o owner
On Imported Articles
o importer
o owner
Exportation
Time of Payment
Net trading gains within the taxable year on foreign currency, debt 7%
securities, derivative and other similar financial instruments
Amusement taxes
Persons Liable: Proprietor, lessee or operator of
cockpits
cabarets
night or day club
boxing exhibitions
professional basketball games
Jai-Alai
racetracks
Gross receipts
Embraces all the receipts of the proprietor, lessee or operator of the amusement
place of the following rights:
from television
from radio
motion picture
Tax Rates
Place for boxing exhibition - 10 % or exempt
Place for professional basketball games - 15 %
Cockpits, cabarets, day & night clubs - 18 %
Jai-Alai and racetracks - 30%
Requisites for exemption of Boxing Exhibition
1. World or Oriental championships is at stake
2. One of the contenders is a citizen of the Philippines
3. Promoted by citizens of the Philippines or by a corporation or association at
least 60% of the capital is owned by such citizen.