Professional Documents
Culture Documents
NINETEENTH CONGRESS
First Regular Session
}
HOUSE OF REPRESENTATIVES
H. No. 4122
AN ACT
IMPOSING VALUE-ADDED TAX ON DIGITAL TRANSACTIONS IN THE
PHILIPPINES, AMENDING FOR THE PURPOSE SECTIONS 105, 108, 109, 110, 113, 114,
115, 236, AND 288 AND ADDING A NEW SECTION 105-A OF THE NATIONAL
INTERNAL REVENUE CODE OF 1997, AS AMENDED
1 SECTION 1. Section 105 of the National Internal Revenue Code of 1997, as amended, is
5 person who imports goods shall be subject to the value-added tax (VAT) imposed
7 “The value-added tax is an indirect tax and the amount of tax may be shifted
9 This rule shall likewise apply to existing contracts of sale or lease of goods,
10 properties, or services at the time of the effectivity of Republic Act No. 7716.
11 “The phrase ‘in the course of trade or business’ means the regular conduct or
13 thereto, by any person regardless of whether or not the person engaged therein is a
16 government entity.
20 SEC. 2. A new Section designated as Section 105-A of the National Internal Revenue Code
2
1 IS LIABLE FOR ASSESSING, COLLECTING, AND REMITTING THE
3 ITS PLATFORM.
19 THEREON;
22 BUYERS;
3
1 “(C) A HOST OF ONLINE AUCTIONS CONDUCTED THROUGH
4 IT;
4
1 PROVISION OF DIGITAL CONTENT SUCH AS MUSIC, FILES, IMAGES,
14 SEC. 3. Section 108 of the National Internal Revenue Code of 1997, as amended, is hereby
17 Properties. –
18 “(A) Rate and Base of Tax. – There shall be levied, assessed and collected, a
19 value-added tax equivalent to twelve percent (12%) of gross receipts derived from
5
1 OTHERWISE, including those performed or rendered by construction and service
7 restaurants, refreshment parlors, cafes and other eating places, including clubs and
9 transport of goods or cargoes, including persons who transport goods or cargoes for
10 hire and other domestic common carriers by land relative to their transport of goods
11 or cargoes; common carriers by air and sea relative to their transport of passengers,
12 goods or cargoes from one place in the Philippines to another place in the
15 franchise grantees of electric utilities, telephone and telegraph, radio and television
16 broadcasting and all other franchise grantees except those under Section 119 of this
17 Code and non-life insurance companies (except their crop insurances), including
18 surety, fidelity, indemnity and bonding companies; and similar services regardless
19 of whether or not the performance thereof calls for the exercise or use of the
21 likewise include:
6
1 “(1) The lease or the use of or the right or privilege to use any copyright,
2 patent, design or model, plan, secret formula or process, goodwill, trademark, trade
4 “(2) The lease or the use of, or the right to use of any industrial, commercial
5 or scientific equipment;
7 or information;
8 “(4) The supply of any assistance that is ancillary and subsidiary to and is
13 connection with the use of property or rights belonging to, or the installation or
15 nonresident person;
7
1 “(8) THE SUPPLY BY ANY RESIDENT OR NONRESIDENT OF
7 “[7] (10) The lease of motion picture films, films, tapes and discs; and
8 “[8] (11) The lease or the use of or the right to use radio, television, satellite
11 the place where the contract of lease or licensing agreement was executed if the
13 “The term ‘gross receipts’ means the total amount of money or its equivalent
15 including the amount charged for materials supplied with the services and deposits
17 quarter for the services performed or to be performed for another person, excluding
18 value-added tax.
19 “x x x.”
20 SEC. 4. Section 109 of the National Internal Revenue Code, as amended, is further
8
1 “(1) Subject to the provisions of [s]Subsection (2) hereof, the following transactions
3 “(A) x x x
4 “(B) x x x
5 “(C) x x x
6 “(D) x x x
7 “(E) x x x
8 “(F) x x x
9 “(G) x x x
13 the Technical Education and Skills Development Authority (TESDA) and those
17 COLLEGES;
18 “x x x.”
19 SEC. 5. Section 110 of the National Internal Revenue Code, as amended, is further
23 “(1) x x x
9
1 “(2) x x x
3 month for use in trade or business for which deduction for depreciation is allowed
4 under this Code shall be spread evenly over the month of acquisition and the fifty-
5 nine (59) succeeding months if the aggregate acquisition cost for such goods,
6 excluding the VAT component thereof, exceeds One million pesos P[hP]1,000,000):
7 Provided, however, That if the estimated useful life of the capital good is less than
8 five (5) years, as used for depreciation purposes, then the input VAT shall be spread
9 over such a shorter period: Provided, further, That the amortization of the input VAT
10 shall only be allowed until December 31, 2021 after which taxpayers with unutilized
11 input VAT on capital goods purchased or imported shall be allowed to apply the
12 same as scheduled until fully utilized: Provided, finally, That in the case of purchase
13 of services, lease or use of properties, the input tax shall be creditable to the
15 fee.
18 SERVICE PROVIDERS.
19 “x x x.”
20 SEC. 6. Section 113 of the National Internal Revenue Code of 1997, as amended, is further
23 Persons. –
10
1 “(A) Invoicing Requirements. – A VAT-registered person shall issue:
2 “(1) x x x
3 “(2) x x x
4 “(B) x x x
5 “(C) x x x
11 OF INTERNAL REVENUE.
12 “[D] (E) x x x
14 SEC. 7. Section 114 of the National Internal Revenue Code of 1997, as amended, is further
17 “(A) In General. – Every person liable to pay the value-added tax imposed
18 under this Title shall file a quarterly return of the amount of his gross sales or receipts
19 within twenty-five (25) days following the close of each taxable quarter prescribed
20 for each taxpayer: Provided, however, That VAT-registered persons shall pay the
22 2023, the filing and payment required under the Subsection shall be done within
11
1 “Any person, whose registration has been cancelled in accordance with
2 Section 236, shall file a return and pay the tax due thereon within twenty-five (25)
3 days from the date of cancellation of registration: Provided, That only one
4 consolidated return shall be filed by the taxpayer for his principal place of business
6 “(B) Where to File the Return and Pay the Tax. – Except as the Commissioner
7 otherwise permits, the return shall be filed with and the tax paid to an authorized
9 Treasurer in the Philippines located within the revenue district where the taxpayer
14 account of each purchase of goods and services which are subject to the value-added
15 tax imposed in Sections 106 and 108 of this Code, deduct and withhold the value-
16 added tax imposed in Sections 106 and 108 of this Code, deduct and withhold a final
17 value-added tax at the rate of five percent (5%) of the gross payment thereof:
18 Provided, That beginning January 1, 2021, the VAT withholding system under this
19 Subsection shall shift from final to a creditable system: Provided, further, That [the
12
1 UNDER SECTION 108 shall be subject to twelve percent (12%) withholding tax at
2 the time of payment: Provided, finally, That payments for purchases of goods and
4 as defined under Republic Act No. 8182, otherwise known as the ‘Official
5 Development Assistance Act of 1996’, as amended, shall not be subject to the final
6 withholding tax system as imposed in this Subsection. For purposes of this Section,
7 the payor or person in control of the payment shall be considered as the withholding
8 agent.”
9 SEC. 8. Section 115 of the National Internal Revenue Code (NIRC) of 1997, as amended,
13 empowered to suspend the business operations and temporarily close the business
15 “(a) x x x
17 “The temporary closure of the establishment shall be for the duration of not less
18 than five (5) days and shall be lifted only upon compliance with whatever
13
1 SEC. 9. Section 236 of the National Internal Revenue Code (NIRC) of 1997, as amended,
4 “(A) x x x
5 “(B) x x x
6 “(C) x x x
7 “(D) x x x
8 “(E) x x x
9 “(F) x x x
11 “(1) x x x
12 “(2) x x x
24 BUSINESS FOR THE NEXT TWELVE (12) MONTHS FROM THE DATE
14
1 OF FILING OF VAT RETURN, OTHER THAN THOSE THAT ARE
9 REVENUE.
10 “x x x.”
11 SEC. 10. Section 288 of the National Internal Revenue Code (NIRC) of 1997, as amended,
14 “x x x
22 NO. 11904.”
15
1 SEC. 11. DESIGNATION OF A REPRESENTATIVE OFFICE FOR
8 SEC. 12. Transitory Clause. – Nonresident digital service providers shall immediately be
9 subject to value-added tax under this Act after one hundred eighty (180) days from the effectivity
10 of this Act.
11 SEC. 13. Implementing Rules and Regulations. – The Department of Finance (DOF), upon
12 the recommendation of the BIR, and in coordination with the Department of Information and
14 COMMISSION (NTC), shall issue rules and regulations for the effective implementation of this
15 Act not later than ninety (90) days after its approval.
16 SEC. 14. Separability Clause. – Should any provision of this Act or any part thereof be
17 declared invalid, the other provisions, so far as they are separable from the invalid ones, shall
19 SEC. 15. Repealing Clause. – All laws, decrees, orders, and issuances, or portions thereof,
20 which are inconsistent with the provisions of this Act, are hereby repealed, amended, or modified
21 accordingly.
16
1 SEC. 16. Effectivity. – This Act shall take effect fifteen (15) days after its publication in
Approved,
17