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NATURE OF VAT
A business tax. In effect, a sales tax.
Indirect tax – burden can be shifted
by the seller to the buyer.
Imposed:
On the gross selling price if
sale, barter, or exchange of
goods or properties or DETERMINATION OF TAX
On the gross receipts if the
1.If the amount provided is exclusive of
sale of services, or in the VAT, that amount is simply multiplied by
lease or use of properties 12% to arrive at the amount of VAT;
in the course of trade or
business; 2.If the amount provided is inclusive of VAT,
On the total value or landed
that amount is divided by 112% and then
cost, if importation of goods, multiplied by 12% to arrive at the amount
whether or not in the course of VAT.
of business.
Characteristics of Value Added Tax
Generally, there must be an actual sale of
1. It is a tax on the value added of a
goods, properties or services in the
taxpayer.
Philippines in order that value added tax
2. It is collected through the “tax
may be imposed, except:
credit method” or “invoice method”
3. It is a transparent form of sales a. Importation (Sec. 105, NIRC)
tax. b. Erroneous issuance of VAT invoice
4. It is a broad-based tax on or receipt for VAT-exempt sale of
consumption of goods, properties or goods, properties or services (Sec.
services in the Philippines as it 113[D], NIRC)
applies to all stages of manufacture, c. Deemed sales of goods or
production, and distribution of properties (Sec. 106[B], NIRC)
goods and services.
5. It is an indirect tax. “In the Course of Trade or Business”
6. The Philippine adopted the Defined
“separate indication of tax The phrase “in the course of trade or
method.” business” means the regular conduct or
7. There is no cascading in the value pursuit of a commercial or an economic
added tax system. activity including transactions incidental
thereto, by any person regardless of
How Computed? whether or not the person engaged therein
Tax Credit Method: Output Tax less Input is a non-stock, non-profit private
Tax organization (irrespective of the disposition
of its net income and whether or not it sells
Sometimes called “invoice method” refers exclusively to members or their guests), or
to the manner by which the value added tax government entity.
of a taxpayer is computed. The input taxes
shifted by the sellers to the buyer are The rule of regularity, to the contrary
credited against the buyer’s output taxes notwithstanding, services defined in the Tax
when he in turn sells the taxable goods, Code rendered in the Philippines by non-
properties or services (Sec. 105 and 110[A]. resident foreign persons shall be considered
NIRC) as being rendered in the course of trade or
business (Sec. 105, NIRC).
“Incidental” means depending upon or pension houses, inns, resorts;
appertaining to something else as primary; (theatres and movie houses);
something necessary appertaining to or h. Proprietors, operators of
depending upon another which is termed restaurants, refreshment parlors,
the principal (Words & Phrase, 1940, Vol. cafes and other eating places,
20, p. 419). including clubs and caterers;
i. Dealers in securities;
Goods or Properties j. Lending investors;
The term “good or properties” refer to all k. Transportation contractors
tangible and intangible objects which are on their transport of goods or
capable of pecuniary estimation and shall cargoes including persons who
include, among others: transport goods or cargoes for hire
and other domestic common
a. Real properties held primarily for carriers by land, relative to their
sale to customers or held for lease in transport of goods or cargoes;
the ordinary course of trade or l. Common carriers by air and sea
business relative to their transport of
passengers, goods or cargoes from
b. The right or the privilege to use
one place in the Philippines to
patent, copyright, design or model,
another place in the Philippines;
plan, secret formula or process,
m. Sale of electricity by generation,
goodwill, trademark, trade brand or
transmission, and/or distribution
other like property or right;
companies, including electric
c. The right or the privilege to use cooperatives;
any industrial, commercial or n. Services of franchise grantees of
scientific equipment; electric utilities, telephone and
telegraph, radio and television
d. The right or the privilege to use broadcasting and all other franchise
motion picture films, films, tapes grantees, except those under
and discs; Section 119 of the Tax Code;
o. Non-life insurance companies
e. Radio, television, satellite (except their crop insurance),
transmission and cable television including surety, fidelity, indemnity
time. and bonding companies;
p. Similar services regardless of
whether or not the performance
Sale or Exchange of Services thereof calls for the exercise or use
Sale or exchange of services means the of the physical or mental faculties.
performance of all kinds of services in the
Philippines for others for a fee, The phrase “sale or exchange of services”
remuneration or consideration, whether in shall likewise include:
kind or in cash, including those performed (1) The lease or the use of or the
or rendered by: right or privilege to use any
a. Construction and service copyright, patent, design or model,
contractors; plan secret formula or process,
b. Stock, real estate, commercial, goodwill, trademark, trade brand or
customs and immigration brokers; other like property or right;
c. Lessors of property, whether (2) The lease or the use of, or the
personal or real; right to use industrial, commercial
d. Persons engaged in warehousing or scientific equipment;
services; (3) The supply of scientific, technical,
e. Lessors or distributors of industrial or commercial knowledge
cinematographic films; or information;
f. Persons engaged in milling, (4) The supply of any assistance that
processing, manufacturing or is ancillary and subsidiary to and is
repacking goods for others; furnished as a means of enabling the
g. Proprietors, operators or keepers application for enjoyment of any
of hotels, motels, rest houses, such property, or right as is
mentioned in subparagraph (2) or
any such knowledge or information
as is mentioned in subparagraph
(3);
(5) The supply of services by a
nonresident person or his employee
in connection with the use of
property or rights belonging to, or
the installation or operation of any
brand, machinery or other
apparatus purchased from such
nonresident person.
(6) The supply of technical advice,
assistance or services rendered in
connection with technical
management or administration of
any scientific, industrial or
commercial undertaking, venture,
project or scheme;
(7) The lease of motion picture files,
films, tapes and discs; and
(8) The lease or the use of or the
right to use radio, television,
satellite transmission and cable
television time.
Cancellations of Registration
A VAT-registered person may cancel his
VAT-registration if:
1) He makes a written application showing
that his gross sales or receipts (excluding
exempt sales) in the next 12 months shall government entity is liable to pay VAT on
not exceed ₱3,000,000; or the sale of goods or services. As long as
entity provides goods or services for a fee,
2) He ceases business remuneration or consideration, then such
sale is subject to VAT.
3) There is a change in ownership in the
case of a single proprietorship; ZERO-RATED TRANSACTIONS
- Does not result in output VAT, but the
4) Dissolution of the partnership or taxpayer is entitled to input VAT which shall
corporation be available either as a tax credit or as a
refund, IF taxpayer is registered.
5) Merger or consolidation with respect to
the dissolved corporation; - IF not registered, the sales of the taxpayer
will be considered VAT-exempt sales.
6) Failure to actually start business
Zero-Rated Sales of Goods
(a) Export sales of goods
7) Business becomes exempt;
1) Sales of goods to a foreign
country and paid for in acceptable
8) A person who voluntarily registers and
foreign currency;
then applies for cancellation after the lapse
2) Sale of raw materials or packaging
of 3 years;
materials to a non-resident buyer
for delivery to a resident export
9) A VAT-registered person whose gross
oriented enterprise, and paid for in
sales or receipts for 3 consecutive years did
acceptable foreign currency;
not exceed ₱3,000,000 beginning January 1,
3) Sale of raw materials or packaging
2018.
materials to export-oriented
enterprises whose export sales
Persons Subject to VAT
exceed 70% of total annual
production;
1. Those engaged in the selling or leasing of
4) Considered export sales under
goods, properties, or services subject to
E.O. No. 226 the Omnibus
VAT and registered regardless of the level of
Investment Code), and other special
sales;
laws:
(a) Sales to bonded
2. Those engaged in the selling or leasing of
manufacturing warehouses
goods, properties or services subject to
of export-oriented
VAT, whose gross sales or receipts during
manufacturers;
the year or in any 12-month period > ₱
(b) Sales to registered export
3,000,000, whether or not registered; Note:
traders operating bonded
For purposes of the threshold of
trading warehouses
₱3,000,000, husband and wife shall be
supplying raw materials in
considered separate taxpayers.
the manufacture of export
products;
3. Those who are VAT-registered and who
(c) Sales to BOI-registered
have VAT-exempt businesses which they
producer whose products are
choose to register under the VAT-system,
100% exported.
regardless of level of sales;
5) Sales of goods, supplies,
4. Franchise grantees of radio and/or TV
equipment, and fuel to persons
broadcasting whose gross annual receipts
engaged in international shipping or
do not exceed ₱10 Million, but are
international air transport
registered;
operations. Provided, that the sale
of such goods and fuel shall pertain
5. Importers of goods, whether or not in the
to the transport of goods and
course of trade or business, regardless of
passengers from a Philippine port
the amount of ,purchase.
directly to a foreign port, or vice-
versa, without docking or stopping
Note: Unless specifically exempted by law,
at any other in the Philippines.
even a non-stock, non-profit organization or
Note: The transactions under items (2) Services other than those in (1),
(2), (3) and (4) above shall be rendered to a person engaged in
subject to the 12% VAT, shall no business conducted outside the
longer be considered export sales Philippines, or to a non-resident
subject to 0% VAT, upon the person not engaged in business and
satisfaction of the following who is outside the Philippines, and
conditions: which are paid for in acceptable
foreign currency;
(1) The successful
establishment and (3) Services rendered to
implementation of an persons/entities whose exemption
enhanced VAT refund system under special laws or international
that grants refunds of agreements effectively subjects the
creditable input taxes within supply of such services to a 0% rate;
ninety (90) days from the
filing of the VAT refund (4) Services rendered to persons
application with the Bureau; engaged in international shipping or
and international air transport
operations, including leases
(2) All pending VAT refund property for use thereof; Provided,
claims as of December 31, that the sale of services shall pertain
2017 shall be fully paid in to the transport of goods and
cash by December 31, 2019. passengers from a Philippine port
directly to a foreign port, or vice-
(b) Effectively zero-rated sales
versa
Local sales by VAT-registered persons to
persons or entities deemed tax-exempt
(5) Services performed by
(i.e., granted exemption from indirect taxes)
subcontractors or contractors in
under a special taxes) under a special law or
processing converting, or
international agreement, such as:
manufacturing goods for an
(1) Enterprises registered with the enterprise whose export sales
SBMA, CDA, PEZA, and other export exceed 70% of total annual
processing zones; production;
2) Merger or consolidation of
corporations;
OUTPUT VAT
For transaction deemed sale: (b) P2,500,000 for
1) Tax Base = Market value of the residential house and
goods at the time of transaction lots or other
residential dwellings.
a) Transfer, use, or consumption not
in the course of trade or business; Notes:
2) Input taxes
such sales were made (Sec. 112, officials to promptly act on a taxpayer’s
NIRC). application within the 90-day period.
Only one (1) consolidated quarterly VAT When and Where to File the Summary Lists
return or monthly VAT declaration covering
the results of operations of the head office
as well as the branches for all lines of The quarterly summary list of sales or
business subject to VAT shall be filed by the purchases, whichever is applicable, shall be
taxpayer, for every return period, with the submitted through compact disc-recordable
BIR office where said taxpayer is required to (“CDR”) medium to the RDO or LTDO or
be registered. LTAD having jurisdiction over the taxpayer,
on or before the 25th day of the month
a) Where payment is involved: The monthly following the close of the taxable quarter
VAT declaration and quarterly return shall (calendar or fiscal quarter). However,
be filed with, and the VAT due thereon paid taxpayers under the jurisdiction of the
to: Large Taxpayers Service (“LTS”), and those
enrolled under the EFPS shall, through the
(1) an authorized agent bank electronic filing facility, submit their
(“ABB”) under the jurisdiction of the summary lists of sales/purchases to the
Revenue District/BIR Office where RDO/LTDO/LTAD, on or before the 30th day
the taxpayer (head office of the of the month following the close of the
business establishment) is required taxable quarter.
to be registered; or
comply with the provisions of the SEC. 44. Effectivity. - This Act shall take effect
EFPS Regulations. after fifteen (15) days following its publication in
the Official Gazette or in any major daily
newspaper of general circulation.
Quarterly Summary Lists