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C. Characteristic of VAT
a. It is an indirect tax where tax shifting is always presumed.
The value added tax is an indirect tax and the amount may be shifted or passed on to the buyer, transferee or lessee of the
goods, properties or services. The seller is the one statutorily liable to pay for the payment of the tax but the amount of the
tax may be shifted or passed on the buyer or transferee or lessee of the goods, properties or services. This rule shall likewise
apply to existing contracts of sale or lease of goods, properties or services at the time of the effectivity of RA 9337 (VAT Reform
Act). However, in the case of importation the importer is the one liable for the VAT. (RR 16-2005).
The “burden of the tax” is borne by the final consumers although the producers and suppliers of these goods and services are
the ones who have to file their VAT returns to the BIR. Hence, what is transferred or shifted to the consumers is not the “liability
to pay the tax” but the tax burden.
b. It is consumption-based.
VAT is a tax on consumption levied on the sale, barter, exchange or lease of goods or properties and services in the Philippines
and on importation of goods into the Philippines (RR 16-2005). It is the end user of consumer goods or services which ultimately
shoulders the tax as a liability therefrom is passed to the end users by the providers of these goods or services. The VAT, thus,
forms a substantial portion of consumer expenditures.
In the Philippines, the “Credit-Invoice Method” or “Tax Credit Approach” is adopted in computing the VAT payable. This means
the VAT is imposed on the sale first called “Output VAT” and a tax credit is allowed or claimed on the VAT passed-on to his
purchase or cost of goods or services known as “Input Tax”. The excess of output VAT over Input VAT is called “ VAT Payable”
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TAXATION: Value Added Tax (VAT)
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TAXATION: Value Added Tax (VAT)
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TAXATION: Value Added Tax (VAT)
Export sales
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TAXATION: Value Added Tax (VAT)
a. In the case of goods imported into the Philippines by VAT-exempt persons, entities, or agencies which are subsequently sold,
transferred or exchanged in the Philippines to non-exempt persons or entities, the latter shall be considered the importers
thereof who shall be liable for VAT on such importation.
b. The tax due on such importation shall constitute a lien on the goods, superior to all charges or liens, irrespective of the possessor
of said goods.
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TAXATION: Value Added Tax (VAT)
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TAXATION: Value Added Tax (VAT)
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