Professional Documents
Culture Documents
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l. transportation contractors on their transport of
goods or cargoes, including persons who The phrase “sale or exchange of services”
transport goods or cargoes for hire and other likewise includes:
domestic common carriers by land relative to their
transport of goods or cargoes a. The lease or the use of or the right or privilege to
use any copyright, patent, design or model, plan,
All receipts from service, hire, or operating lease secret formula or process, goodwill, trademark,
of transportation equipment not subject to the trade brand or other like property or right
percentage tax on domestic common carriers and
keepers of garages (common carriers’ tax) b. The lease or the use of, or the right to use any
industrial, commercial or scientific equipment
Common carriers are persons, corporations, firms
or associations engaged in the business of c. The supply of scientific, technical industrial or
carrying or transporting passengers or goods or commercial knowledge or information;
both, by land, water, or air, for compensation,
offering their services to the public and shall d. The supply of any assistance that is ancillary and
include transportation contractors. subsidiary to and is furnished as a means of
enabling the application or enjoyment of any such
Common carriers by land with respect to their property, or right as is mentioned in subparagraph
gross receipts from the transport of passengers (b) hereof or any such knowledge or information
including operators of taxicabs, utility cars for rent as is mentioned in subparagraph (c) hereof
or hire driven by the lessees (rent-a-car
companies), and tourist buses used for the e. The supply of services by a non-resident person
transport of passengers are subject to the or his employee in connection with the use of
percentage tax (common carriers’ tax), but not property or rights belonging to, or the installation
liable to VAT. or operation of any brand, machinery or other
apparatus purchased from such nonresident
m. common carriers by air and sea relative to their person
transport of passengers, goods or cargoes from
one place in the Philippines to another place in the f. The supply of technical advice, assistance or
Philippines services rendered in connection with technical
management or administration of any scientific,
n. sales of electricity by generation, transmission, industrial or commercial undertaking, venture,
and/or distribution companies project or scheme
o. franchise grantees of electric utilities, telephone g. The lease of motion picture films, films, tapes, and
and telegraph, radio and/or television discs
broadcasting and all other franchise grantees,
except franchise grantees of radio and/or h. The lease or the use of, or the right to use, radio,
television broadcasting whose annual gross television, satellite transmission and cable
receipts of the preceding year do not exceed television time.
P10,000,000.00, and franchise grantees of gas
and water utilities Zero-Rated Sale of Services
p. non-life insurance companies (except their crop 1. Services other than processing, manufacturing or repacking
insurances), including surety, fidelity, indemnity rendered to a person engaged in business conducted
and bonding companies outside the Philippines or to a non-resident person not
engaged in business who is outside the Philippines when the
Non-life insurance companies including surety, services are performed, the consideration for which is paid
fidelity, indemnity and bonding companies, are all for in acceptable foreign currency and accounted for in
individuals, partnerships, associations, or accordance with the rules and regulations of the BSP
corporations, including professional reinsurers of
the Philippines, mutual benefit associations and 2. Services rendered to persons or entities whose exemption
government-owned or controlled corporations, under special laws or international agreements to which the
engaging in the business of property insurance, as Philippines is a signatory effectively subjects the supply of
distinguished from insurance on human lives, such services to 0% rate (effectively-zero rated sale)
health, accident and insurance appertaining
thereto or connected therewith which are subject 3. Services rendered to persons engaged in international
to the percentage tax (premium tax). shipping or air transport operations, including leases of
property for use thereof, and such services are exclusive for
The gross receipts from non-life insurance mean international shipping or air transport operations
total premiums collected, whether paid in money,
notes, credits or any substitute for money. 4. Transport of passengers and cargo by domestic air or sea
carriers from the Philippines to a foreign country
Non-life insurance premiums are subject to VAT
whereas non-life reinsurance premiums are not 5. Sale of power or fuel generated through renewable sources
subject to VAT, the latter being already subjected of energy such as, but not limited to, biomass, solar, wind,
to VAT upon receipt of the insurance premiums. hydropower, geothermal and steam, ocean energy, and
Insurance and reinsurance commissions, whether other emerging sources using technologies such as fuel
life or non-life, are subject to VAT. cells and hydrogen fuels.
Livestock includes cows, bulls and calves, pigs, sheep, 9. Transactions which are exempt under international
goats and rabbits. Poultry includes fowls, ducks, geese and agreements to which the Philippines is a signatory or under
turkey. Livestock or poultry does not include fighting cocks, special laws
race horses, zoo animals and other animals generally
considered as pets. 10. Export sales by persons who are not VAT-registered
Marine food products shall include fish and crustaceans, 11. The following sales of real properties are exempt from VAT,
such as, but not limited to, eels, trout, lobster, shrimps, namely:
prawns, oysters, mussels and clams. a. Sale of real properties not primarily held for sale to
customers or held for lease in the ordinary course of
Meat, fruit, fish, vegetables and other agricultural and trade or business.
marine food products are considered in their original date
even if they have undergone the simple processes of However, even if the real property is not primarily held
preparation or preservation for the market, such as freezing, for sale to customers or held for lease in the ordinary
drying, salting, broiling, roasting, smoking or stripping, course of trade or business but the same is used in the
including those using advanced technological means of trade or business of the seller, the sale is subject to
packaging, such as shrink wrapping in plastics, vacuum VAT being a transaction incidental to the taxpayer’s
packing, tetra-pack, and other similar packaging methods. main business.
Polished and/or husked rice, corn grits, raw cane sugar and b. Sale of real properties utilized for socialized housing
molasses, ordinary salt and copra shall be considered as as defined under RA No. 7279, and other related laws
agricultural food products in their original state.
Socialized housing programs are those housing
2. Sale or importation of fertilizers, seeds, seedlings and programs and projects covering houses and lots or
fingerlings, fish, prawn, livestock and poultry feeds, including home lots only undertaken by the Government or the
ingredients, whether locally produced or imported, used in private sector for the underprivileged and homeless
the manufacture of finished feeds (except specialty feeds for citizens which shall include sites and services
race horses, fighting cocks, aquarium fish, zoo animals and development, long-term financing, liberated terms on
other animals generally considered as pets) interest payments, and such other benefits in
accordance with the provisions of RA No. 7279.
Specialty feeds are non-agricultural feeds or food for race
horses, fighting cocks, aquarium fish, zoo animals and other c. Sale of house and lot and other residential dwellings
animals generally considered as pets. with selling price of not more than P2,000,000.00, as
adjusted in 2011 using 2010 CPI.
3. Importation of personal and household effects belonging to
residents of the Philippines returning from abroad and non- The amounts stated above are to be adjusted every 3 years
resident citizens coming to resettle in the Philippines and thereafter to its present value using the Consumer Price
such goods are exempt from customs duties Index, as published by the Philippine Statistics Authority
(PSA)
4. Services subject to percentage tax
If two or more adjacent house and lots or other residential
5. Medical, dental, hospital and veterinary services, except dwellings are sold or disposed of by same buyer within a 12-
those rendered by professionals. month period in favor of one buyer, for the purpose of
utilizing as one residential area, the sale shall be exempt
Laboratory services are exempted. If the hospital or clinic from VAT only if the aggregate value of adjacent properties
operates a pharmacy or drug store, the sale of drugs and does not exceed P2,000,000.00. Adjacent house and lots or
medicine is subject to VAT. other residential dwelling, although covered by separate
titles and/or separate tax declarations, when sold or
6. Educational services rendered by private educational disposed to one and the same buyer, whether covered by
institutions duly accredited by the Department of Education one or separate Deed of Conveyance, shall be presumed as
(DepED), the Commission on Higher Education (CHED) and a sale of one house and lot or residential dwelling.
the Technical Education and Skills Development Authority
(TESDA) and those rendered by government educational 12. Lease of residential units with a monthly rental per unit not
institutions exceeding P15,000.00, regardless of the amount of
aggregate rentals received by the lessor during the year
Educational services include academic, technical or
vocational education provided by private educational
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The foregoing notwithstanding, lease of residential units c. Drugs for the treatment of COVID-10 approved by
where the monthly rental per unit exceeds P15,000.00 but the FDA for the use in clinical trials, including raw
the aggregate of such rentals of the lessor during the year materials directly necessary for the production of
does not exceed P3,000,000 is likewise be exempt from such drugs
VAT, however, the same will be subjected to 3% percentage
tax, unless the individual taxpayer has opted to be taxed at 23. Sale or lease of goods or properties or the performance of
8% income tax rate. services other than those enumerated, the gross annual
sales and/or receipts do not exceed the amount of
Residential units are apartments and houses & lots used for P3,000,000.00
residential purposes, and buildings or parts or units thereof
used solely as dwelling places (e.g., dormitories, rooms and The P3 million gross annual sales shal comprise of the
bed spaces) except motels, motel rooms, hotels and hotel business’ total revenues from sales of products, which are
rooms. either goods or services, including non-refundable advamce
deposits/payment for services, net of discounts, sales
Unit means an apartment unit in the case of apartments, returns and allowances, covering the calendar or fiscal year.
house in the case of residential houses; per person in the Sales incidental to the registered operations of the business
case of dormitories, boarding houses and bed spaces; and shall also be included.
per room in case of rooms for rent.
For purposes of the threshold of P3,000,000.00, the
13. Sale, importation, printing or publication of books and any husband and the wife are considered separate taxpayers.
newspaper, magazine, journal, review bulletin or any such However, the aggregation rule for each taxpayer shall apply.
educational reading material covered by UNESCO
Agreement on the importation of education, scientific and For instance, if a professional, aside from the practice of his
cultural materias, including the digital or electronic format profession, also derives revenue from other lines of
thereof which are not devoted principally to the publication business which are otherwise subject to VAT, the same will
of paid advertisements. be combined for purposes of determining whether the
threshold has been exceeded. Thus, the VAT-exempt sales
14. Transport of passengers by international carriers will not be included in determining the threshold.
15. Sale, importation or lease of passenger or cargo vessels and Output Tax
aircraft, including engine, equipment and spare parts thereof VAT due on sales, barter, exchange or lease of taxable
for domestic or international transport operations. goods or properties and services by VAT registered or registrable
persons
16. Importation of fuel, goods and supplies by persons engaged
in international shipping or air transport operations, and such Input Tax
fuel, goods and supplies are used exclusively or will pertain VAT due on or paid by a VAT-registered person on
to the transport of goods and/or passenger from a port in the importation of goods or local purchases of goods, properties, or
Philippines directly to a foreign port without stopping at any services, including lease or use of properties, in the course of his trade
other port in the Philippines or business. It shall also include the transitional input tax and the
presumptive input tax.
17. Services of banks, non-bank financial intermediaries
performing quasi-banking functions, and other non-bank Any input tax on the following transactions evidenced by a
financial intermediaries subject to percentage tax (gross VAT invoice or official receipt issued by a VAT-registered person shall
receipts tax), such as money changers and pawnshops be creditable against the output tax:
1. Purchase or importation of goods
18. Sale or lease of goods and services to senior citizens and a. For sale
persons with disability, as provided under RA No. 9994 b. For conversion into or intended to form part of a finished
(Expanded Senior Citizens Act of 2010) and 10754 (An Act product for sale, including packaging materials
Expanding the Benefits and Privileges of Persons With c. For use as supplies in the course of business
Disability) d. For use as raw materials supplied in the sale of services
e. For use in trade or business for which deduction for
19. Tax-free exchange in case of merger, consolidation and depreciation or amortization is allowed under the Tax
transfer to gain control of the corporation Code
2. Purchase of real properties for which a VAT has actually
20. Association dues, membership fees, and other assessments been paid
and charges collected by homeowners association and 3. Purchase of services in which a VAT has actually been paid
condominium corporations 4. Transactions “deemed sale”
5. Transitional input tax
21. Sale of gold to the BSP 6. Presumptive input tax
22. Sale or importation of prescription drugs and medicines for Persons Who Can Avail of the Input Tax Credit.
diabetes, high cholesterol and hypertension beginning 1. Importer – upon payment of VAT prior to the release of
January 1, 2020; and cancer, mentail illness, tuberculosis goods from customs custody.
and kidney diseases beginning January 1, 2021. 2. Purchaser of the domestic goods or properties – upon
consummation of the sale
23. Sale or importation of the following beginning January 1, 3. Purchaser of services or the lessee or licensee – upon
2021 to December 31, 2023: payment of the compensation, rental, royalty or fee.
a. Capital equipment, its spare parts and raw
materials, necessary for the production of personal Claim for Input Tax on Depreciable (Capital) Goods
protective equipment (PPE) components; 1. Where a VAT-registered person purchases or imports
b. All drugs, vaccines and medical devices capital goods, which are depreciable assets for income tax
specifically prescribed and directly used for purposes, the aggregate acquisition cost of which (exclusive
COVID-19 treatment; and of VAT) in a calendar month exceeds P1,000,000.00,
regardless of the acquisition cost of each capital good, shall
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be claimed as credit against output tax in the following Output Tax
manner: Vatable Sales/Receipts
a. If the estimated useful life of a capital good is 5 Sales to Government
years or more – The input tax will be spread evenly Zero-Rated Sales/Receipts
over a period of 60 months and the claim for input Total
tax credit will commence in the calendar month
when the capital good is acquired. The total input Less: Allowable Input Tax
taxes on purchases or importations of this type of
capital goods shall be divided by 60 and the Input Tax Carried Over From Previous Period
quotient will be the amount to be claimed monthly. Input Tax Deferred on Capital Goods Exceeding P1,000,000
From Previous Period
b. If the estimated useful life of a capital good is less Transitional Input Tax
than 5 years – The input tax will be spread evenly Presumptive Input Tax
on a monthly basis by dividing the input tax by the Total
estimated useful life of the capital good. The claim
for input tax credit will commence in the calendar
month that the capital goods were acquired. Add:
Input Tax on Current Transactions
2. Where the aggregate acquisition cost (exclusive of VAT) of Purchase of Capital Goods Not Exceeding P1,000,000
the existing or finished depreciable capital goods purchased Purchase of Capital Goods Exceeding P1,000,000
or imported during any calendar month does not exceed Domestic Purchases Other Than Capital Goods
P1,000,000.00, the total input taxes will be allowable as Importation of Goods Other Than Capital Goods
credit against output tax in the month of acquisition; Services Rendered By Non-Residents
Total
Capital goods or properties are those with estimated useful
life greater than 1 year which are treated as depreciable assets, used Total Available Input Tax
directly or indirectly in the production or sale of taxable goods or Less:
services. Deductions from Input Tax
Input Tax on Purchases of Capital Goods exceeding
The aggregate acquisition cost of a depreciable asset in any P1,000,00 deferred for the suceeding period
calendar month refers to the total price agreed (excluding the VAT) Input Tax on Sale to Government Closed to Expense
upon for one or more assets acquired and not on the payments Input Tax Allocable to Exempt Sales
actually made during the calendar month. VAT Refund/TCC Claimed
Total
Transitional Input Tax Credits
Taxpayers who became VAT-registered persons upon Net VAT Payable
exceeding the VAT theshold of P3,00,000.00 in any 12-month period,
or who voluntarily register even if their turnover does not exceed Less: Tax Credits/Payments
P3,000,000.00 (except franchise grantees of radio and television Monthly VAT payments (previous 2 months)
broadcasting whose threshold is P10,000,000.00) are entitled to a Creditable VAT Withheld
transitional input tax on the inventory on hand as of the effectivity of VAT withheld on Sales to Government
their VAT registration, on the following: Advance Payment for Sugar and Flour Industries
1. Goods purchased for resale in their present condition Total
2. Materials purchased for further processing, but which have
not yet undergone processing VAT Still Payable (Overpayment)
3. Goods which have been manufactured by the taxpayer
4. Goods in process for sale Add: Penalties
5. Goods and supplies for use in the course of the taxpayer’s Surcharge
trade or business as a VAT-registered person. Interest
Compromise
The transitional input tax is 2% of the value of the beginning
inventory on hand or actual VAT paid on such, goods, materials and Total Amount Payable (Overpayment)
supplies, whichever is higher, which amount will be creditable against
the output tax of VAT-registered person. The value allowed for income Determination of Output Tax
tax purposes on inventories is the basis for the computation of the 2% 1. Sale of goods or properties
transitional input tax, excluding goods that are exempt from VAT. Gross selling price x 12% or
Invoice price (VAT-inclusive) x 12/112
Presumptive Input Tax Credits 2. Sale of services
Persons or firms engaged in the processing of sardines, Gross receipts x 12% or
mackerel, and milk, and in manufacturing refined sugar, cooking oil Total amount received (VAT-inclusive) x 12/112
and packed noodle-based instant meals, are allowed a presumptive 3. If VAT is billed erroneously
input tax, creditable against the output tax, equivalent to 4% of the The total invoice amount = gross selling price plus correct
gross value in money of their purchases of primary agricultural amount of VAT
products which are used as inputs to their production.
Determination of Input Tax
The term “processing” means pasteurization, canning and Input taxes arising from current transactions plus any
activities which through physical or chemical process alter the exterior amount of input tax carried over from preceding month or quarter,
texture or form or inner substance of a product in such manner as to reduced by the amount of claim of VAT refund or TCC, and other
prepare it for special use to which it could not have been put in its adjustments, such as purchase returns or allowances, input tax
original form or condition. attributable to exempt sales and input tax attributable to sales subject
to final VAT withholding.
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Rules on VAT Payable (Excess Output) or Excess Input Tax.
1. If at the end of any taxable quarter the output tax exceeds The term “taxable quarter” means the quarter that is
the input tax, the excess must be paid by the VAT-registered synchronized to the income tax quarter of the taxpayer (i.e., the
person. calendar quarter or fiscal quarter).
2. If the input tax inclusive of input tax carried over from the
previous quarter exceeds the output tax, the excess input Amounts reflected in the monthly VAT declarations for the
tax shall be carried over to the succeeding taxable period. first 2 months of the quarter will still be included in the quarterly VAT
return which reflects the cumulative figures for the taxable quarter.
The input tax attributable to zero-rated sales by a VAT- Payments in the monthly VAT declarations shall, however, be credited
registered person may at his option be (a) refunded or (b) in the quarterly VAT return to arrive at the net VAT payable or excess
applied for a tax credit certificate which may be used in the input tax/over-payment as of the end of a quarter.
payment of internal revenue taxes, except withholding taxes.
The monthly VAT Declarations (BIR Form 2550M) of
Claims for Refund/Tax Credit Certificate of Input Tax taxpayers must be filed and the taxes paid not later than the 20th day
1. Persons Entitled to Claim Refund or TCC following the end of each month.
a. Those with zero-rated sales of goods, properties
or services. Beginning January 1, 2023, there will be no more filing of
b. Those with excess input taxes who cancel their monthly VAT return and payment of monthly VAT. The filing and
VAT registration. payment must be done only within 25 days following the close of each
taxable quarter.
2. Period to Claim Refund or TCC
Within 2 years after the close of the taxable quarter when Withholding of VAT on Government Money Payments and
sales were made, or within 2 years from date of cancellation Payments to Non-Residents
a. Government or any of its political subdivisions
3. Period to Grant Refund orTCC instrumentalities or agencies, including GOCCs shall deduct
Within 90 days from the date of submission of the official and withhold a creditable VAT at the rate of 5% of gross
receipts or invoices and other documents in support of the payment thereof.
application b. Payments for lease or use of properties or property rights to
nonresident owners are subject 12% withholding tax at the
4. Penalty for Failure to Act within Prescribed Period time of payment.
The official, agent or employee of the BIR to act on the
application is punishable under Art. 269 of the Tax Code Registration of VAT Taxpayers
(Violations Committed by Government Enforcement Any person, who in the course of trade or business, sells,
Officers) barters, exchanges goods or properties, or engages in the sale of
services subject to VAT must register with the BIR and pay an annual
5. Remedy in case of Denial registration fee in the amount of P500,00 for every separate or distinct
Within 30 days from receipt of the decision denying the establishment or place of business (save a warehouse without sale
claim, appeal the decision with the CTA. transactions) before the start of such business and every year
thereafter on or before the 31st day of January.
Invoicing Requirements.
1. The amount of tax shall be shown as a separate item in the Separate or distinct establishment is any branch or facility
invoice or receipt. where sale transactions occur.
2. If the sale is exempt from VAT, the term “VAT-exempt sale”
shall be written or printed prominently on the invoice or Branch is a fixed estabishment in a locality which conducts
receipt. sales operation of the business as an extension of the principal office.
3. If the sale is subject to 0% VAT, the term “zero-rated sale”
should be written or printed prominently on the invoice or Principal place of business is a place where the head or
receipt. main office is located as appearing in the corporation’s Articles of
4. If the sale involves goods, properties or services some of Incorporation. In case of an individual, the principal place of business
which are subject to and some of which are VAT zero-rated is the place where the head or main office is located and where the
or VAT-exempt, the invoice or receipt should clearly indicate books of accounts are kept.
the break-down of the sale price between its taxable, exempt
and zero-rated components, and the calculation of the VAT Warehouse is the place or premises where the inventory of
on each portion of the sale shall be shown on the invoice or goods for sale are kept and from which goods are withdrawn for
receipt. The seller has the option to issue separate invoices delivery to customers, dealers, or persons acting in behalf of the
or receipts for the taxable, exempt, and zero-rated business.
components of the sale.
VAT-registered person is any person registered with BIR as
Seller of Goods must issue a VAT invoice for every sale, a VAT taxpayer.
barter or exchange of goods or properties, while Seller of Services
must a VAT official receipt for every lease of goods or properties, and VAT-registrable person is any person who required to
for every sale, barter or exchange of services. register but failed to register.
Only VAT-registered persons are required to print their TIN Mandatory VAT Registration
followed by the word “VAT” in their invoice or official receipts. Said Persons who, in the course of trade or business, sells, barters or
documents are considered as a “VAT Invoice” or VAT official receipt. exchanges goods or properties or engages in the sale or exchange of
All purchases covered by invoices/receipts other than VAT services must register as a VAT taxpayer if:
Invoice/VAT Official Receipt will not give rise to any input tax. 1. The gross sales or receipts for the past 12 months, other
than VAT-exempt transactions, have exceeded P3,000,000.
Filing of Return and Payment of VAT 2. There are reasonable grounds to believe that the gross sales
1 Filing of Return. – or receipts for the next 12 months, other than VAT-exempt
Every person liable to pay VAT shall file a quarterly return of transactions, will exceed P3,000,000.
the amount of his quarterly gross sales or receipts within 25 days
following the close of taxable quarter using BIR Form No. 2550Q.
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3. For franchise grantees of radio and television broadcasting,
whose gross annual receipts for the preceding year
exceeded P10,000,000.
The above taxpayers may apply for VAT registration not later
than 10 days before the beginning of the taxable quarter and
must pay the registration fee unless they have already paid
at the beginning of the year. Once registered as VAT person,
the taxpayer is liable to output tax and entitled to input tax
credit beginning on the first day of the month following
registration
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