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VALUE ADDED TAX

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.

Lease of properties shall be subject to the


tax herein imposed irrespective of the place
where the contract of lease or licensing
agreement was executed if the property is
leased or used in the Philippines.

Requisites for taxability of services 

1. The services must be performed


or is to be performed in the course
of trade or business in the
Philippines, except in the case of
service done in the Philippines by a Effect of Failure to Register by Persons
non-resident person under Section Required to Do So
105 of the 1997 Tax Code;  1) Liable to VAT on their sales;
2. For a valuable consideration 2) No input VAT credits on their purchases;
actually or constructively received;
and  3) Cannot separately bill output VAT to
customer. In other words, the taxpayer
3. The service is not exempt under cannot shift the VAT burden to his
the Tax Code, special law, or customers.
international agreement. 
4) Fines and sanctions (OPLAN KANDADO:
suspensions of operations or closure of
business ≥5 days).

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) ADB;IRRI  (6) Transport of passengers and


cargo by domestic air or sea carriers
(3) Sales to diplomatic missions and from the Philippine to a foreign
other agencies or instrumentalities country. Note: Transport of
granted tax immunities;  passengers and cargo by domestic
air or sea carriers from a foreign
(4) Regional or area headquarters of country to the Philippines is EXEMPT
(RHQs) of multinational corporations from business taxes including the
enjoying VAT 0-rating on its VAT for lack of jurisdiction. 
purchases at the time of effectivity
of the TRAIN; and  (7) Sale of power or fuel generated
through renewable sources of
(5) Other persons/entities who are
energy such as solar, wind, biomass
entitled to 0% VAT on purchases
geothermal, and ocean energy.
Zero-Rated Sales of Services Note: Zero-rating does not extend to
The following services performed locally in the sale of services related to
the Philippines by VAT-registered persons maintenance or operating of plants
shall be subject to a 0% rate:  generating said energy.
(1) Processing, manufacturing or
repacking goods for other persons Note: Zero-rating does not extend to
which goods are subsequently the sale of services related to
exported, and which are paid for in maintenance or operating of plants
acceptable foreign currency; generating said energy.
 
- Polished and /or husked rice, corn grits,
Note: The transactions under items (1) and raw cane sugar and molasses, ordinary salt,
(5) above shall be subject to the 12% VAT, and copra shall be considered in their
and shall no longer subject to 0% VAT rate, original state. “Livestock or Poultry” 
upon the satisfaction of the following
conditions:  - Does not include fighting cocks, race
horses, zoo animals, and other animals
(1) The successful establishment and generally considered as pets. Notes: a) Sale
implementation of an enhanced VAT of bagasse is not exempt from VAT. b) Fresh
refund system that grants refunds of water is not an agricultural product, but is
creditable input taxes within ninety considered a mineral. The sale thereof is
(90) days from the filing of the VAT not exempt from VAT. 
refund application with Bureau; and  2) Sale or importation of (a)
fertilizers; (b) seeds, seedlings, and
(2) All pending VAT refund claims as fingerlings; (c) fish, prawn, livestock
of December 31,2017 shall be fully and poultry feeds, including
paid in cash by December 31, 2019. ingredients, whether locally
produced or imported, used in the
EXEMPT TRANSACTIONS 
manufacture of finished feeds
- The sale shall not be subject to output
(except specialty feeds for race
VAT, but the seller is not allowed any ITC. -
horses, fighting cocks, aquarium fish,
Seller cannot bill any output VAT to his
zoo animals and other animals
customers. 
generally considered as pets); 
- If the seller issues a VAT invoice or receipt 3) Importation of personal and
without being VAT-registered, he shall be household effects belonging to the
liable to the output VAT without the benefit residents of the Philippines
of any input VAT credit. returning from abroad, and non-
resident citizens coming to the
1) Sale or importation of  Philippines: Provided, that such
goods are exempt from Philippine
(a) agricultural and marine customs duties;
food products in their
original state,  4) Importation of (a)
professional instruments and
(b) livestock or poultry of a implements; (b) tools of trade,
kind generally used as, or occupation or employment; (c)
yielding or producing foods wearing apparel; (d) domestic
for human consumption; animals; and € personal household
and  effects (except any vehicle, aircraft,
machinery, and other goods for use
(c) breeding stock and in the manufacture and
genetic materials therefor; merchandise of any kind in
“Original State”  commercial quantities), belonging to
– Meat, fruit, fish, vegetables, and other overseas Filipinos, in quantities and
agricultural and marine food products of the class suitable to the
classified under this paragraph shall be profession, rank, or position of the
considered in their original state even if persons importing said items, for
they have undergone the simple processes their own use and not for sale,
of preparation or preservation for the barter, or exchange, accompanying
market, such as freezing, drying, salting, such persons, or arriving within a
broiling, roasting, smoking, or stripping, reasonable time; 
including those using advanced
technological means of packaging, such as 5) Services subject to percentage tax
shrink wrapping in plastics, vacuum packing, under Title V of the Tax Code (Secs.
tetra-pack, and other similar packaging 116-127, Tax Code); 
methods; 
6) Services by agricultural contract
growers, and milling for others of
palay into rice, corn into grits, and direct farm inputs, machineries and
sugar cane into raw sugar; 7) equipment, including spare parts
Medical, dental, hospital, and thereof, to be used directly and
veterinary services except those exclusively in the production and/or
rendered by professionals; Note: Lab processing of their produce; 
services are exempt.
13)Gross receipts from lending
7) Medical, dental, hospital, and activities by credit or multi-purpose
veterinary services except those cooperatives duly registered with
rendered by professionals. Note: Lab and in good standing with the
services are exempt. Sale of drugs Cooperative Development
and medicines are VATable, Authority;
generally. Therefore, if the hospital
or clinic operates a drug store, the 14)Sales by non-agricultural, non-
sale of drugs and medicine shall be electric, and non-credit cooperatives
subject to VAT. However, the sale of duly registered with and in good
the same to inpatients are standing with the Cooperative
considered part of hospital services, Development Authority; Provided,
and shall therefore be VAT- exempt. that the share capital contribution of
each member does not exceed
8) Educational services rendered by Fifteen Thousand Pesos (₱15,000). 
private educational institutions, duly
accredited by the Department of Notes: 
Education (“DepEd”), the
Commission on Higher Education a) Importation by non-
(“CHED”), the Technical Education agricultural, non-electric, and
and Skills Development Authority non-credit cooperatives of
(“TESDA”), and those rendered by machineries and equipment,
government educational including spare parts thereof
institutions; to be used by them are
subject to VAT. 
9) Services rendered by individuals
pursuant to an employer-employee b) All electric cooperatives
relationship  registered with National
Electrification Administration
10)Services rendered by regional or (“NEA”) shall be subject to
area headquarters (“RHQs”) VAT on sales relative to the
established in the Philippines by generation and distribution
multinational corporations which act of electricity as well as their
as supervisory, communications, and importation of machineries
coordinating enters for their and equipment, including
affiliates, subsidiaries, or branches in spare parts. Provided,
the Asia-Pacific Region, and do not however, that sale of power
earn or derive income from the or fuel generated through
Philippines;  renewable sources of energy
such as, but not limited to,
11)Transactions which are exempt biomass, solar, wind,
under international agreements to hydropower, geothermal,
which the Philippines is a signatory ocean energy, and other
or under special laws, except those emerging energy sources
under PD 529;  using technologies such as
fuel cells and hydrogen fuels,
12)Sales by agricultural cooperatives shall be subject to 0% VAT. 
duly registered with and in good
standing with the Cooperative 15)Export sales by persons who are
Development Authority (“CDA”) to not VAT-registered;
their members as well as sale of
their produce, whether in its original 16)The following sales of real
state or processed form, to non- properties are VAT-exempt: 
member; and their importation of
(a) Sale of real properties not carriers is also exempt from VAT
primarily held for sale to because they are subject to the OPT
customers or held for lease under Section 118 of the Tax Code. 
in the ordinary course of
trade or business;  20)Sale, importation, or lease of
passenger or cargo vessels and
(b) Sale of real properties aircraft, including engine,
utilized for low-cost housing equipment, and spare parts thereof
and socialized housing as for domestic or international
defined by R.A. No. 7279, transport operations; Provided, the
and related laws;  importation or purchase meets the
requirements of Maritime Industry
(c) Sale of residential lot Authority (MARINA).
valued at One Million, Five
Hundred Thousand Pesos ( ₱ 21)Importation of fuel, goods, and
1,500,000) and below;  supplies by persons engaged in
international shipping or air
Note: For purposes of (c) and (d), if two (2) transport operations; Provided, that
or more adjacent residential lots, house and the said fuel, goods, and supplies
lots, or other residential dwellings are sold shall be used exclusively or shall
or disposed in favour of one buyer from the pertain to the transport of goods
same seller, for the purpose of utilizing the and/or passengers from a port in the
same as one residential area, the sales shall Philippines directly to a foreign port
be exempt from VAT only if the aggregate or vice-versa without docking or
value of the properties do not exceed stopping at any other port in the
₱1,500,000 for residential lots, and Philippines unless the docking or
₱2,500,000 for residential house and lots or stopping at any other Philippine port
other residential dwellings. is for the purpose of unloading
passengers and/or cargoes that
17)Lease of a residential unit with a originated from abroad, or to load
monthly rental not exceeding passengers and/or cargoes bound
Fifteen Thousand Pesos (₱ 15,000), for abroad.
regardless of the amount of
aggregate rentals received by the 22)Services of banks, non-bank
lessor during the year;  financial intermediaries performing
quasi-banking functions, and other
Note: Lease of residential units with a non-bank financial intermediaries,
monthly rental per unit >₱15,000, but the such as money changers and
annual aggregate of such rentals does not pawnshops subject to percentage
exceed ₱3,000,000, shall still be exempt tax under Sections 121 and 122,
from VAT, but shall be subject to the 3% respectively, of the Tax Code;
percentage tax. If the annual aggregate
exceeds ₱3,000,000, the same shall be 23) Sales or lease of goods and
subject to VAT.  services to Senior Citizens and PWDs
as provided under R.A. Nos. 9994
18)Sale, importation, printing, or
and 10754; 
publication of books and any
newspaper, magazine, review, or
24)Transfer of property pursuant to
bulletin which appears at regular
Section 40(C)(2) of the tax Code; 
intervals with fixed prices for
subscription and sale, and which is
25)Association dues, membership
not devoted principally to the
fees, and other assessments and
publication of paid advertisements;
charges collected by homeowners’
Note: Sale of books, newspaper,
associations and condominium
magazines, etc. in electronic format
corporations; 
are VAT-taxable.

19)Transport of passengers by 26)Sale of gold to the BSP


international carriers; Note:
Transport of cargo by international
27)Sale of drugs and medicines (e) Other sales which are
prescribed for diabetes, high VAT-exempt under special
cholesterol, and hypertension laws.
beginning January1, 2019, as
determined by the Department of (31) Sale or lease of goods or
Health. Note: Only the sale of such properties or the performance of
drugs is VAT-exempt. Importation of services other than the transactions
such drugs is VATABLE.  mentioned in the preceding
paragraphs, the gross annual sales
28)Other VAT-exempt sales; and/or receipts do not exceed the
(a) Fees, per diems, amount of Three Million Pesos (₱
allowances and other income 3,000,000). For purposes of the
received by corporate threshold of ₱3,000,000, the
directors from corporations husband and wife shall be
of which they are not considered separate taxpayers
employees; 
VAT-TAXABLE SALE OF
(b) Sales by PEZA and other GOODS/PROPERTIES
ecozone registered 1) VATatable sales – the sale must be (a) an
enterprises enjoying the actual sale (b) in the course of trade or
preferential tax rate of 5% in business, of goods or properties within the
lieu of all taxes;  commerce of man. 

(c) Sales of services by 2) Transactions deemed sale 


professionals and other – transactions which lack one or both of the
suppliers of services hired elements that makes a sale VATable.
under a contract for service Transactions (a) to (d) below are deemed
or job order with the sales as to prevent the taxpayer from
departments and agencies of evading payment of the output VAT. 
the government, its
instrumentalities, local -entails no actual sale, but by their nature,
government units, state are considered as “sales” subject to VAT
colleges and universities, (a) Transfer, use, or consumption
including GOCCs and not in the course of business of
government financial goods or properties originally
institutions (“GFIs”) shall be intended for sale or for use in the
exempt from VAT.  course of business. Transfer of
goods or properties not in the
Provided, course of business can take place
(1) they derive gross when the VAT-registered person
receipts of not more withdraws goods from his business
than ₱250,000 in any for his personal use. 
12-month period,
(2) such incomes are (b) Distribution or transfer of goods
received from a LONE or properties to: 
PAYOR, and (1) Shareholders or inventors
(3) such professionals as property dividends; or 
have no other source (2) Creditors in payment of
of income.  debt or obligation. 

(d) Amounts of money (c) Consignment of goods if actual


received in trust which do sale is not made within sixty (60)
not belong to the recipient days following the date such goods
and which do not redound to were consigned. Consigned goods
the benefit of the recipient returned by the consignee within
are not subject to VAT.  the 60-day period are not deemed
sold; and 
(d) Transmission of property to a - 12% of the gross selling price (“GSP”),
trustee IF: exclusive or net of VAT, of the goods sold,
(1) The property transferred bartered, exchanged, or deemed sold in the
is one for sale, lease, or use Philippines, OR 12/112 of the total invoice
in the ordinary course of price(inclusive or gross of VAT). 
trade or business, and
(2) The transfer constitutes a - For 0-rated sales, the output VAT is 0% of
completed gift. Transfer is a the GSP.
completed gift in the
transferor divests himself
absolutely of control over
Tax Base: GSP, net of Sales Discounts, Sales
the property, i.e., an
Returns, Allowances
irrevocable transfer of the
corpus and/or an irrevocable
A) GSP = the total amount of money or its
designation of the
equivalent which the purchaser must pay
beneficiary. 
the seller in consideration of the sale,
barter, or exchange. Any excise tax shall
(e) Retirement from or cessation of
from part of the GSP.
business with respect to inventories
of taxable goods (capital goods, When the GSP is unreasonable lower than
stock-in-trade, supplies, materials) the actual market value, the CIR shall, by
existing as of such retirement or rules and regulations prescribed by the
cessation, whether or not the Secretary of Finance, determine the
business is continued by the new appropriate tax base. However, when one
owner. of the parties is the government, the output
Examples of transactions deemed VAT shall be based on the actual selling
sale, and therefore VAT-taxable:  price.
a) “Change of ownership of “Unreasonably lower” = lower by more than
the business”. There is a 30% of the actual market value.
change in the ownership of
the business when a single In computing the taxable base during the
proprietorship incorporates, month or quarter, the following shall be
or the proprietor of a single allowed as deductions from gross selling
proprietorship sells his entire price:
business.
a. Discounts determined and
b) Dissolution of a granted at the time of sale which are
partnership, and creation of expressly indicated in the invoice,
a new partnership which the amount thereof forming part of
takes over the business.  the gross sales duly recorded in the
books of accounts.
c) Liquidating dividends
where the assets of the b. Sales discount indicated in the
corporation are distributed invoice at the time of sale, the grant
to the shareholders.  of which is not dependent upon the
happening of a future event, may be
Examples of transactions not excluded from the gross sales within
subject to VAT: the same month/quarter it was
given.
1) Change in the control of a
corporation;

2) Merger or consolidation of
corporations;

3) Change in the trade or corporate


name. 

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:

b) Distributions to shareholders or (a) In the sale, barter, or exchange of


creditors;  real properties subject to VAT.

c) Consignment sales; 1) The GSP shall be the


highest of:
d) Transmission of property to
trustee.  a) Selling price in the
sales document; or
2) Tax Base = Lower of acquisition cost or
current market price of the goods b) Zonal value, or

In retirement from or cessation of business.  c) Assessor’s value

C) When here is a cessation of status as a 2) If VAT is not billed


VAT-registered person The output tax on separately in the sales
goods or properties originally intended for document, the selling price is
sale or for use in business, including capital deemed inclusive of VAT.
goods existing at the time of the change in
or cessation of status of a taxpayer as a 3) If the GSP is based on the
VAT-registered person, shall be based on zonal or assessor’s value, the
the acquisition cost or the current market same is deemed exclusive of
price of the goods, whichever is lower.  VAT.

Computation of Input VAT (“ITC”) - The (b) IF Cash sale:


same rules above are applied, but to
purchases VAT = 12% of highest of (Selling
price, zonal value, or assessor’s
VAT on Sale of Real Properties value)

Sale of real properties

(a) held primarily for sale to


customers or

(b) held for lease in the ordinary


course of trade or business of
the seller or

(c) used in trade or business,


shall be subject to VAT:

(1) Regardless of the amount


of the gross selling price, if (c) If two (2) or more adjacent
the real property is not residential lots, house and lots, or
residential (i.e.,commercial, other residential dwellings are sold
industrial,etc.) or disposed in favour of one buyer
from the same seller , for the
(2) If real property is purpose of utilizing the same as one
residential, it shall be subject residential area, the sales shall be
to VAT if the GSP exceeds: VAT-taxable if the aggregate value
of the properties exceed P1,500,000
(a) P1,500,000 for for residential lots, and P2,500,000
residential lots, or for residential house and lots or
other residential dwellings; 
(d) The sale of parking lots is subject 2) Sales of domestic common
to VAT regardless of the amount of carriers by air and sea relative to
the selling price since parking lots their transport of passengers, goods,
are not residential lots.  or cargoes from one place in the
Philippines to another place in the
(e) VAT may likewise be imposed in Philippines; Notes: a) Common
foreclosure sales. When the carriers by land with respect to their
mortgagor fails to redeem the real gross receipts from the transport of
property which was an ordinary passengers, shall not be liable to
asset in his hands, the VAT must be VAT, but to the percentage tax
paid by the mortgagor on or before under Section 117. b) Additional
the 20th day or 25th day of the charge for excess baggage is subject
month following when the right of to VAT
redemption prescribes.
3) Sales of electricity by generation,
VAT-TAXABLE SALE OF SERVICES  transmission, and/or distribution
- Sale of services or lease or use of companies;
properties (real, tangible personal, a) Gross receipts refers to
intangible), or supply of knowledge, the amounts charged by
information, or assistance. generation, transmission by
any entity including the
Requisites of a VAT-Taxable Sale of Services National Grid Corporation of
the Philippines, and
1) The sale must be conducted in the distribution companies
ordinary course of trade or business; including electric
cooperatives;
2) For leases, the property must be b) The universal charge
leased or used in the Philippines; passed on and collected by
distribution companies and
3) The seller or lessor is VAT- electric cooperatives shall be
registered, or if not, the gross excluded from the
receipts of the seller or lessor during computation of the gross
the year or any 12-month period receipts.
exceed the minimum of gross c) Sale of power or fuel
receipts of gross receipts of generated thru renewable
P3,000,000; and sources of energy shall be
subject to 0% VAT.
4) In the case of lease of a 4) Sales of franchise grantees of
residential unit, the monthly rental electric utilities, telephone and
exceeds P12,000, and the aggregate telegraph, radio and/or television
annual gross aggregate gross broadcasting and all other franchise
receipts of the lessor (from all grantees, except
residential units with monthly a) Franchise grantees of
rentals exceeding P15,000) exceed radio and/or television
P3,000,000 broadcasting whose annual
gross receipts of the
Taxable Services preceding year do not
All kinds of services in the Philippines for a exceed Ten Million Pesos
consideration, as long as it is not exempted (P10,000,000),
by law. - Includes:  b) Franchise grantees of gas
and water utilities; Subject to
1) Sales of transportation OPT (franchise tax) under
contractors on their transport of Sec. 119
goods or cargoes, including persons c) Amounts received for
who transport goods or cargoes for overseas dispatch, message,
hire and other domestic common or conversation originating
carriers by land relative to their from the Philippines are
transport of goods or cargoes;  subject to the 10%
percentage tax under Section
120 of the Tax Code. 9) HMOs- Gross receipts = service
Note: PAGCOR is not subject fees = enrollment fees + other
to VAT on the sale of its charges received from their
services (PAGCOR vs. members
Commissioner (G.R. No.
172087, March 15, 2011) Computation of Output VAT:
12% of the gross receipts, net of VAT OR
5) Non-life insurance companies 12/112 of the total invoice amount, gross of
including companies including VAT
surety, fidelity, indemnity, and “Gross receipts” refers to the total amount
bonding companies; of money or its equivalent representing the
Gross receipts = premiums collected contract price,
whether paid in money, notes, compensation, service fee, rental or royalty,
credits, or any substitute for money, including
but does not include: (a) The amount charged for
a) Premiums from crop materials supplied with the services,
insurance (b) Deposits applied as payments for
b) Reinsurance premiums services rendered, and
c) Returned premiums (c) Advance payments
(premiums refunded within 6 Actually or constructively received during
months after payment on the taxable period for the services
account of rejection) performed or to be performed for another
d) DST and local taxes passed person.
on by the isurance company Notes:
to the insured. (1) “Constructive receipts” occurs
Notes: Insurance and when the money consideration or its
reinsurance commissions, equivalent is placed at the control of
whether life or non-life, are the person who rendered the
subject to VAT services without restrictions by the
6) Lease of properties payor.
a) Regardless of place where
contract is executed as long (2) Under the definition of “gross
as leased is located in the receipts”, any amount forming part
Philippines. of the contract price, not actually or
b) Any advance shall be constructively received, is not
subject to VAT if the same subject to VAT. Thus, receivables
constitutes prepaid rental. If under the contract shall be taxed in
the same constitutes a loan, the month or quarter when
option money, or security payment is received, actually or
deposit, it shall not be constructively.
subject to VAT.
c) The VAT on the rentals or (3) “Gross Receipts” do not include
royalties payable to a non- amounts earmarked for payment to
resident owner or non- unrelated third parties or received
resident lessor shall be as reimbursement for advance
withheld by the lessee or payment on behalf of another which
licensee in behalf of the non- do not redound to the benefit of the
resident and remitted to the payor
BIR.
Consequences of Issuing Erroneous VAT
7) Dealers in securities Gross Invoice or VAT Official Receipts
receipts = Gross selling price less (a) If a person who is not VAT-
cost of the securities sold. registered issues an invoice or
receipt showing his TIN, followed by
8) Pre-need companies Gross the word “VAT”, the erroneous
receipts = premiums or payments issuance shall result to the
received from the plan holders following:
(1) The non-VAT person shall landed cost shall be the basis for
be liable to: computing the VAT. Landed cost
(i) The other consists of the invoice amount,
applicable percentage customs duties, freight, insurance,
taxes; and other charges. If the goods
(ii) The VAT due on imported are subject to excise tax,
the transaction the excise tax shall form part of the
without the benefit of base; 
input tax credit; and
(iii) A 50% surcharge 3) The same rule applies to technical
under Sec. 248 (B) of importation of goods sold by a
the Tax Code. person located in a Special Economic
(2) The VAT shall be Zone to a customer located in a
recognized as an input tax customs territory (i.e., Philippine
credit to the purchaser, territory). 
provided the requisite
information is shown on the Payment of VAT on Importation. 
invoice or receipt. The VAT on importation shall be paid by the
(b) If a VAT-registered person issues importer prior to the release of the goods
a VAT invoice or VAT official receipt from customs custody. 
for a VAT-exempt transaction, and
fails to display prominently on the INPUT TAX CREDIT 
invoice or receipt the words “VAT- 1) Also called input VAT 
exempt sale”, the transaction shall
become taxable and the issuer shall 2) VAT due or paid on the importation of
be liable to pay VAT thereon. The goods or VAT paid by a purchaser (to the
purchaser shall be entitled to claim seller) on the local purchases of goods,
an input tax credit on his purchase. properties, or services in the course of trade
or business. Can be availed by a VAT-
VAT ON IMPORTATION register importer, or a VAT-registered
purchaser or goods or services. 
Importer
3) Includes transitional input tax and the
1) Any person who brings goods into presumptive input tax.
the Philippines, whether or not in
the course of trade or business; or  Sources/Classification of Input Tax Credits
 
2) A non-exempt person who 1) VAT paid (to the supplier or vendor) by a
acquires tax-free imported goods VAT-registered person on his local
from VAT-exempt persons. Such purchases, and VAT paid (to the BIR) on
nonexempt person shall be importation of goods; 
considered the importer thereof and
liable for the VAT thereon. 2) ITC from transactions “deemed
purchase” – The “deemed sale” transaction
Tax Base will also result in a “deemed purchase”
transaction which gives rise to input tax. 
1) The total value used by the
Bureau of Customs in determining 3) Transaction input tax – Persons allowed
the tariff and customs duties + the the transitional input tax; Those persons
customs duties + excise taxes, if any,
+ other charges, such as postage, a) Becoming VAT-registered for the
commission and similar charges, first time upon exceeding the
prior to the release of the goods minimum gross sales of ₱3,000,000
from customs custody. in any 12-month period or 

2) In case the valuation used by b) Who voluntarily register under


Bureau of Customs in computing the the VAT system. 
duties is based on volume or
quantity of the imported goods, the Transitional input VAT = Higher of
(2% of the value of the beginning
inventory, or the actual input VAT Code shall only be allowed until December
aid on such goods, materials, and 31, 2021. After such date, taxpayers with
supplies) Provided: Inventory shall unutilized input VAT on capital goods
exclude goods exempt from VAT.  purchased or imported shall be allowed to
apply the same as scheduled until fully
4) Presumptive input tax utilized.

a) Available to persons or firms EXCEPTION: Input taxes on the purchase of


engaged in the processing of the following non-depreciable vehicles and
sardines, mackerel, and milk, and in all input taxes on the maintenance
the manufacturing of refined sugar, expenses shall not be allowed as input tax
cooking oil, and packed noodle- credits against the output VAT:
based instant meals.
1) Purchases of vehicles for which no
b) The presumptive input tax shall substantiation exists;
be equivalent to 4% of the gross
value in money of their purchases of 2) Purchases of (a) yachts, (b)
primary agricultural products which helicopters, (c) airplanes, or
are exempt from VAT, and which are aircrafts, and (d) land vehicles for
used as inputs in production. the use of an official or employee
exceeding ₱2,400,000, unless the
5) Input tax on depreciable goods (deferred taxpayer’s main line of business is in
input tax credits) u The purchase or transport operations or in leasing
importation of depreciable capital goods transportation equipment and the
totaling > ₱ 1,000,000 (exclusive of VAT) in vehicles are used in said operations
a calendar month, regardless of the
acquisition cost of each capital good, and 6) Input tax on Construction in Progress
regardless of the terms of payment, shall (CIP) CIP – cost of construction work which
give rise to input tax credits as follows: is not yet completed. It will not be
deprecited until the asset is placed in
1) If the estimated useful life of a service. Input tax credit can be recognized
capital ≥5 years, the input tax credit in the month payment is made. However,
shall be spread over a period of 60 once the asset is completed and reclassified
months, and the monthly input tax as a capital asset, no additional ITC can be
credit (“ITC”) shall commence in the claimed. 
month the capital good was
acquired.  7) Ratable portion of any input tax which
cannot be directly attributed to either
2) If the estimated useful life of a taxable or exempt activity 
capital good < 5 years, the input tax
shall be spread evenly by dividing 8) Issuance of a VAT invoice by a non-VAT
the input tax by the actual number person – provided the requisite information
of months comprising the estimated is shown on the invoice or receipt. 
useful life. The claim for ITC shall
commence in the month that the 9) Issuance of a VAT invoice on an exempt
capital good was acquired.  transaction by a VAT-registered person –
provided the requisite information is shown
3) If the depreciable capital good is on the invoice or receipt.
sold/transferred within a period of
five (5) years or prior to the How is an ITC used? 
exhaustion of the amortizable input
tax thereon, the entire unamortized 1) Used as a credit against the output tax to
input tax on the capital goods compute the VAT payable; 
sold/transferred can be claimed as
2) Any excess ITC shall be carried over to
input tax credit during the
the succeeding period; 
month/quarter when the sale or
transfer is made. 3) Input tax attributed to 0-rated sales by a
VAT-registered taxpayer may, at his option,
Note: The amortization of the input VAT
a) Be applied against the output VAT from
provided under Section 110(A)(2) of the Tax
sales of a VATable line of business, or (a) directly attributable and
carried over to the succeeding period; b) Be
refunded; or c) The taxpayer can apply for a (b)ratably allocated, to sales to the
tax credit certificate (“TCC”) which can be government – not allowed as ITCs,
used in the payment of other internal BUT excess over the implied 7%
revenue taxes.  input VAT will be expensed. 

4) Input tax attributable to VAT-exempt 3) Input taxes


sales are expensed
(a) directly attributable and
Determination of ITC in a Taxable
Month/Quarter  (b) ratably allocated, to 0-rated sales
– shall be allowed as ITCs and any
Formula: excess can be carried forward, or
All input taxes arising during the refunded, or applied for a tax credit
month/quarter  certificate (TCC). 
+Input tax carried over from
previous period  REFUND or TAX CREDIT OF INPUT TAX -
+ Deferred ITC Less: Claim for VAT Only VAT-registered persons may apply for
refund or tax credit  issuance of a TCC or refund o the following
Less: Input tax attributable to basis: 
exempt sales 
1) Input taxes paid corresponding to 0-rated
Less: Input tax attributable to final
or effectively o-rated sales; 
withholding tax 
Input tax credit for the month/quarter  2) Unused input taxes as of the date the
retirement from or cessation of business; 
ITCs for VAT-Registered Persons Who Are
Also Engaged in Non-VAT Lines of Business. 3) Unused input taxes due to cessation of
Such taxpayers shall be entitled to the status of a VAT-registered person; 
following ITCs:
1) Input VAT directly attributable to Limitations 
transactions or sales subject to VAT;
1) The input taxes must not have been
2) For input VAT that cannot be applied against output taxes. 
directly attributed to either VAT-
2) The claim for refund or tax credit shall
taxable, VAT-exempt, 0-rated, or
not include the transitional input tax.
Government transactions, only the
ratable portion pertaining to the 3) In the case of export sales, the payments
VAT-taxable and 0-rated must be made in acceptable foreign
transactions may be recognized for currency. 

4) Where the taxpayer is engaged in


VATable (12%23), 0-rated, or exempt sales,
and the amount of creditable input tax
cannot be directly or entirely attributed to
ITCs any one of the transactions, only the
proportionate share of input taxes allocated
to 0-rated sales can be claimed for refund
Notes:  or issuance of a TCC:

1) Input taxes Time for Filing Claim for Refund or Tax


Credit 
(a) directly attributable and
a) For input taxes on zero-rated
(b) ratably allocated, to VAT-exempt sales or less of goods, properties, or
sales – not allowed as ITCs, but shall services: The application should be
be treated as part of costs or filed within two (2) years after the
expenses.  close of the taxable quarter when

2) Input taxes
such sales were made (Sec. 112, officials to promptly act on a taxpayer’s
NIRC).  application within the 90-day period. 

b) For unused input taxes upon INCOME TAX ASPECT OF VAT 


retirement, change, or cessation of
status as a VAT-registered person. Treatment of VAT Under the VAT system,
The application should be filed sales and purchases accounts are taken up
within two (2) years from the date in the books exclusive the VAT. The gross
of cancellation of his VAT selling price or gross receipt, and the cost of
registration (Sec.112, NIRC).  sales, including expenses, shall be recorded
in the books net of the VAT, whether or not
Place of Filing Application or Claim Claims the latter is billed separately in the invoices
for refunds/tax credit certificates shall be or receipts. This applies to the computation
filed with the appropriate BIR office (Large of income taxes. For purposes of the
Taxpayer’s Service (“LTS”) or Revenue income tax, the sales, cost of sales, and
District Office (“RDO”)) having jurisdiction expense shall be taken up consistently net
over the principal place of business of the of the VAT. 
taxpayer. However, direct exporters shall
file their claim for refund/tax credit FILING OF VAT RETURN and PAYMENT OF
certificate with VAT Credit Audit Division VAT 
(“VCAD”). The filing of the claim with one
office shall preclude the filing of the same 1) Monthly VAT Return or
claim with another office.  Declaration All persons liable to VAT
shall pay a monthly VAT based on
the taxable receipts and creditable
purchases for the month. BIR Form
2550M – filed not later than the
20th day following the end of the
taxable month - shall be filed only
for the first 2 months of each
quarter. 

2) Quarterly VAT Return or


Declaration All persons liable to VAT
shall file a quarterly return which
shall include sales and purchase
(a) The application for refund/TCC must be information for the quarter,
supported by complete documents. Failure including the information for the
to submit the relevant documents in first 2 months of the quarter for
support of the claim upon filing of the which monthly VAT returns have
application shall result in the non- been filed. BIR Form 2550Q – filed
acceptance thereof. not later than the 25th day following
the end of the taxable quarter. -
(b) Prior to the effectivity of TRAIN (January payments made in the 2 previous
1, 2018), in case the Commissioner failed to monthly VAT returns shall be
act on the application within the credited against the quarterly VAT
prescriptive period, such inaction was payable to arrive at the net VAT
deemed a denial of the application which payable (or excess input tax) for the
gave the applicant the right to appeal to the quarter. 
CTA. At present, Section 112
3) Returns Under the Electronic
(C) of the Tax Code, as amended by R.A. Filing and Payment Systems (“EFPS”)
No. 10963, does not give the same avenue Taxpayers enrolled in the EFPS shall
of appeal to the taxpayer-applicant in cases be required to file their monthly VAT
where the Commissioner fails to act on the declarations within 21, 22, 23, 24, or
application. However, such inaction is now 25 days following the end of each
penalized under Section 269 of the Tax month, depending on their industry
Code. The spectre of a criminal penalty classification. Payment of the tax
under Section 269 hopefully encourages BIR due via the EFPS shall be five (5)
days later than the deadlines for
filing. Note: Beginning January 1, transport for purposes of
2023, the filing and payment of VAT consummating a sale. 
shall be done within 25 days
following the close of each taxable An owner of naturally grown
quarter (Sec. 114 (A) as amended by and planted timber products,
the TRAIN). who can present a Certificate
of Registration (BIR Form
4) Advance Payment of VAT The No.2303) showing that the
following are subject to the advance owner is subject only to the
payment of VAT:  other percentage tax of 3%,
shall be exempt from the
(a) Withdrawal of refined payment of advance VAT.
sugar from the mill/refinery However, if the aggregate
The operator of the sugar value of the products to be
mill or refinery shall not transported exceeds
allow any withdrawal of ₱3,000,000, the same shall
refined sugar from its be subject to advance VAT.
premises without the
advance payment of VAT (d) Sale of jewelry, gold, and
except when the refined other metallic minerals to (1)
sugar is owned and Non-resident individuals not
withdrawn by a cooperative. engaged in business and (2)
The advance VAT shall be Non-resident foreign
determined based on corporations 
schedules provided by the
BIR.  5) Short Period Return A final
quarterly VAT return shall be filed
(b) Sales of flour a) VAT on by: 
the sale of flour milled from
imported wheat shall be paid a) Any person who retires
prior to the release from the from business with due
Bureau of Customs’ custody notice to the BIR office
of the wheat which Is where the taxpayer’s head
imported and declared for office is registered or 
flour milling; and b)
Purchases by flour millers of b) Any person whose VAT
imported wheat from traders registration has been
shall also be subjected to cancelled, 
advance VAT, and shall be
Within 25 days from the end
paid by the flour miller prior
of the month when the
to delivery
business ceases to operate
(c) Transport of naturally or when the VAT registration
grown and planted timber has been officially cancelled.
products –  Thus, if a taxpayer’s
Certificate of Registration is
Owners/sellers of naturally cancelled on November 20,
grown and planted timber 2015, he shall file his final
products, whether natural or quarterly VAT return and pay
juridical, who are holders of the tax on or before
permits issued by, or December 25,2015.
agreements entered into However, subsequent
with, the Department of the monthly
Environment and Natural declaration/quarterly returns
Resources (“DENR”), are are still required to be filed if
liable to pay the advance the results of the winding up
VAT on naturally grown and of the affairs or business of
planted timber products the taxpayers reveal taxable
harvested prior to its transactions
Where to File and Pay 

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 

(2) in cases where there are no duly


accredited agent banks within the
municipality or city, the monthly
VAT declaration and quarterly VAT
return, shall be filed with and any
amount due shall be paid to the
RDO, Collection Agent, or duly
authorized Treasurer of the
Municipality/City where such
taxpayer (head office of the business Presidential Decree No. 692, without the need of
establishment) is required to be new appointments. 

registered. All graduates with a Bachelors Degree, major in


Accounting shall be allowed to take the CPA
b) Where no payment is involved: Licensure Examination within two (2) years from
the effectivity of this Act under the rules and
The quarterly VAT return and the regulations to be promulgated by the Board
monthly VAT declaration shall be subject to the approval by the Commission. 
filed with the RDO/Large Taxpayers
SEC. 42. Separability Clause. - If any clause,
District Office (“LTDO”),Large provision, paragraph or part thereof shall be
Taxpayers Assistance Division declared unconstitutional or invalid, such
judgment shall not affect, invalidate or impair any
(“LTAD”), Collection Agent, duly other part hereof, but shall be merely confined to
authorized Municipality/City the clause, provision, paragraph or part directly
Treasurer of the municipality or city involved in the controversy in which such
judgment has been rendered. 
where the taxpayer (head office of
the business establishment) is SEC. 43. Repealing Clause. - Presidential Decree
registered or require to be No. 692 is hereby repealed and all other laws,
orders, rules and regulations or resolutions or
registered.  part/s thereof inconsistent with the provisions of
this Act are hereby repealed or modified
c) Taxpayer filing via the EFPS shall accordingly. 

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 

All persons liable for VAT are required to


submit a quarterly Summary of Sales, and a
quarterly Summary List of Purchases. The
lists shall be recor

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