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Business Tax: Value-Added Tax (Input Taxes) Input Tax Allowable Input Tax Deductions

Input tax is the value-added tax due from or paid by


VAT-registered person in the course of his trade or business
on importation of goods or local purchase of goods,
properties or services, including lease or use of properties, in
the course of his trade or business. It shall also include the
transitional input tax and the presumptive input tax.
Categories of Deductible Input Tax
1. Value-Added Tax (VAT) paid on local purchases
(passed on by seller) or on importation (passed-on Deductions from Allowable Input Tax Deductions
VAT) 1. Input Tax claimed as tax credit certificate or refund
2. Presumptive Input Tax 2. Input Tax attributed to VAT-Exempt Sales
3. Transitional Input Tax 3. Input Tax attributed to Sales to Government
4. Standard Input Tax Sources of Creditable Input Taxes (Local Purchases or
Persons who can avail of input tax credit from VAT on Importation)
Importation Input tax evidenced by a VAT invoice or official receipts by
1. To the importer upon payment of VAT prior to the a VAT-registered person which shall be valid for 5 years from
release of goods from customs territory the date of permit to use.
2. To the purchaser of the domestic goods or properties a. Purchase or Importation of Goods
upon consummation of the sale 1. For Sale
3. To the purchaser of services or lessee or licensee 2. For conversion into or intended to form part of a
upon payment of the compensation, rental, royalty finished product for sale, including packaging
or fee materials
3. For use as supplies in the course of trade or business
4. For use as raw materials supplied in the sale of pertaining to transactions subject to VAT may be
services recognized for input tax credit computed as follows:
5. For use in trade or business for which deduction for (VAT Sales/total sales x input taxes)
depreciation or amortization is allowed
b. Purchase of real properties for which a VAT has Sources of Creditable Input Taxes (Local Purchases on
actually been paid Capital Goods)
c. Purchase of services in which VAT has actually been Meaning of capital goods or properties:
paid Goods or properties with estimated useful life greater
d. Transactions deemed sale than one (1) year treated as depreciable assets
under Sec. 34(F) of the NIRC; and used directly or
VAT-registered person is also engaged in transactions not indirectly in the production or sale of taxable goods
subject to VAT or services. [Sec. 16, RR 4-2007]
Where the aggregate acquisition cost (exclusive of
A VAT-registered person who is also engaged in VAT) of depreciable capital goods during any
transactions not subject to VAT shall be allowed to calendar month does not exceed P1,000,000
recognize input tax credit on transactions subject to VAT as In this case:
follows: The total input tax is creditable against output tax in
a. All the input taxes that can be directly attributed to the month acquired.
transactions subject to VAT may be recognized for a. If the estimated useful life of a capital good is five (5)
input tax credit. years or more – The input tax shall be spread evenly
b. If any input tax cannot be directly attributed to either over a period of sixty (60) months and the claim for
a VAT taxable or VAT-exempt transaction, the input input tax credit will commence in the calendar
tax shall be pro-rated to the VAT taxable and VAT- month when the capital good is acquired. The total
exempt transactions and only the ratable portion input taxes on purchases or importations of this type
of capital goods shall be divided by 60 and the reclassified and the reclassified asset is capitalized and
quotient will be the amount to be claimed monthly. depreciated
b. If the estimated useful life of a capital good is less Input tax on construction in progress:
than five (5) years – The input tax shall be spread a. CIP is considered, for purposes of claiming input tax,
evenly on a monthly basis by dividing the input tax by as a purchase of service, the value of which shall be
the actual number of months comprising the determined based on the progress billings
estimated useful life of the capital good. The claim for b. Until such time the construction has been completed,
input tax credit shall commence in the calendar it will not qualify as capital goods as define, in which
month that the capital goods were acquired. case, input tax credit on such transaction can be
Sources of Creditable Input Taxes (Local Purchases on recognized in the month the payment was made,
Capital Goods) provided, that an official receipt of payment has
Sale or transfer of depreciable good within a period been issued based on the progress billings
of 5 years or prior to the exhaustion of the amortizable Contract for the sale of service where only the labor will be
input tax. supplied
If the depreciable capital good is sold/transferred In case of contract for the sale of service where only
within 5 years or prior to the exhaustion of the the labor will be supplied by the contractor and
amortizable input tax, the entire unamortized input tax materials will be purchased by the contracted from
can be claimed as input tax credit during the other suppliers, input tax credit on the labor
month/quarter when the sale or transfer was made contracted shall still be recognized on the month the
payment was made based on the progress billings
Meaning of construction in progress (CIP): while input tax on the purchase of materials shall be
CIP is the cost of construction work which is not yet recognized at the time the materials were
completed. CIP is not depreciated util the asset is places purchased.
in service. Normally, upon completion, a CIP is Input tax claimed while the construction is in progress:
Once the input tax has already been claimed while primary agricultural products which are used as
the construction is in progress, no additional input tax inputs to their production.
can be claimed upon completion of the asset when The term “Processing” shall mean pasteurization,
it has been reclassified as a depreciable capital asset canning and activities which through physical or
and depreciated chemical process alter the exterior texture or form or
Rules on allowing input tax credit on vehicles, and other inner substance of a product in such manner as to
expenses incurred. prepare it for special use to which it could not have
a. Purchase of vehicle must be substantiated with been put in its original form or condition (RA 9337).
official receipts or other adequate records; Transitional Input Tax
b. Taxpayer has to prove the direct connection of the A person who becomes liable to value-added tax or
motor vehicle to the business; any person who elects to be a VAT-registered person
c. Only one vehicle for land transport is allowed for the shall, subject to the filing of inventory according to
use of an official/employee with value not exceeding the rules and regulations prescribed by the Secretary
P2.4 million; of Finance, upon recommendation of the
d. No depreciation shall be allowed for yachts, Commissioner, be allowed input tax on his beginning
helicopters, airplanes [Sec. 3, RR 12-2012] inventory of goods, materials and supplies equivalent
Presumptive Input Tax to 2% of the value of such inventory or the actual
Persons or firms engaged in the processing of value-added tax paid on such goods, materials and
sardines, mackerel and milk, an in manufacturing supplies, whichever is higher, which shall be
refined sugar, cooking oil and packed noodle-based creditable against the output tax.
instant meals, shall be allowed a presumptive input Standard Input Tax
tax, creditable against the output tax, equivalent to Input tax attributable to VAT sales to Government not
4% of the gross value in money of their purchases of creditable against output tax on sales to non-
Government entities
Input taxes that can be directly attributable to VAT Difference between the VAT rate and the
taxable sales of goods and services to the withholding VAT rate accounts for the standard input
Government or any of its political subdivisions, tax
instrumentalities or agencies including GOCCs shall The remaining seven percent (7%) effectively
not be credited against output taxes arising from accounts for the standard input VAT for sales of
sales to non-Government entities goods or services to government or any of its political
The government or any of its political subdivisions, subdivisions, instrumentalities or agencies including
instrumentalities or agencies, including GOCCs shall GOCCs, in lieu of the actual input VAT directly
deduct and withhold a final VAT due at the rate of attributable or ratably apportioned to such sales
fiver percent (5%) of the gross payment Should actual input VAT attributable to sale to
Beginning January 1, 2021, the VAT withholding government exceeds seven percent (7%) of gross
system under this Subsection shall shift from final to a payments, the excess may form part of the seller’s
creditable system expense or cost. On the other hand, if actual input
The payor or person in control of the payment shall VAT attributable to sale to government is less than
be considered as the withholding agent seven percent (7%) of gross payment, the difference
Final withholding VAT represent the net VAT payable must be closed to expense or cost.
of the seller. Withholding VAT Rate
The five percent (5%) final withholding VAT rate shall TAX
TYPE
DESCRIPTION RATE ATC
Applicable to Government Withholding Agent Only
represent the net VAT payable of the seller. WV VAT withholding on Purchase of Goods 5% WV010
WV VAT Withholding on Purchase of Services 5% WV020

Starting January 1, 2022, the 5% final withholding vat WV


Applicable to Both Government and Private Withholding Agents
VAT Withholding from non-residents (Government Withholding Agents) 12% WV040
WV VAT Withholding from non-residents (Private Withholding Agents) 12% WV050
on sale to government is to be considered as WV
VAT Withholding on Purchases of Goods (with waiver of privilege to claim tax credit)
12% WV012
creditable
VAT Withholding on Purchases of Goods (with waiver of privilege to claim input tax credit)
creditable withholding vat. WV
final
12% WV014
VAT Withholding on Purchases of Services (with waiver of privilege to claim input tax
WV 12% WV022
credit) creditable
VAT Withholding on Purchases of Services (with waiver of privilege to claim input tax
WV 12% WV024
credit) final
Remittance of Withholding VAT may, at the option of the owner/seller/taxpayer or
The VAT withheld shall be remitted within ten (10) days importer/miller/taxpayer, be available for the issuance
following the end of the month the withholding was of TCC upon application duly filed with the BIR by the
made seller/owner or importer/miller within two (2) years from
Advance Payment Of VAT the date of filing of the 4th quarter VAT return of the year
Transactions requiring advance payment of VAT: such advance payments were made, or if filed out of
1. Sale of Refined Sugar time, from the last day prescribed by law for filing the
2. Sale of Flour return.
3. Transport of naturally grown and planted timber Advance VAT payment claimed as TCC cannot be carried
products over
4. Sale of Jewelry, gold and other metallic minerals Advance VAT payments which have been the subject
Advance payment of VAT allowed as credit against output of an application for the issuance of TCC shall not be
tax allowed as carry-over nor credited against the output
The advance payments made by the seller/owner of tax of the succeeding quarter/year.
refined sugar, importer or miller of wheat/flour and Issuance of TCC limited to unutilized advance VAT
sellers/owners of naturally grown and planted timber payment
products shall be allowed as credit against their
output tax on the actual gross selling price of refined Issuance of TCC shall be limited to the unutilized
sugar/flour/timber products. advance VAT payment and shall not include excess
Advance payments may be available for issuance of tax input tax.
credit certificate
Advance payments which remains unutilized at the end Issuance of TCC for input tax attributable to zero-rated
of taxpayer’s taxable year where the advance payment sales shall be covered by a separate application for TCC
was made, which is tantamount to excess payment, following applicable rules.
Refund of Input Tax Unused input tax of person who retired or ceased business
Input tax on zero-rated sales of goods or property: A VAT-registered person whose registration has been
A VAT-registered person whose sales of goods, cancelled due to retirement from or cessation of
properties or services are zero-rated or effectively zero- business, or due to changes in or cessation of status
rated may apply for the issuance of a tax credit under Sec. 106 (C) of the Tax Code may, within two (2)
certificate/refund of input tax attributable to such sales. years from the date of cancellation, apply for the
The input tax that may be subject of the claim shall issuance of a tax credit certificate for any unused input
exclude the portion of input tax that has been applied tax which he may use in payment of his other internal
against the output tax. The application should be filed revenue taxes; Provided, however, that he shall be
within two (2) years after the close of the taxable quarter entitled to a refund if he has no internal revenue tax
when such sales were made liabilities against which the tax credit certificate may be
Printing of the word “zero-rate” required: utilized.
The supreme court has ruled in several cases that the Period of refund or tax credit of input tax
printing of the word “zero-rated” is required to be refund or tax credit certificate/refund of input taxes shall
placed on the VAT invoices or receipts covering zero- be made in proper cases, the Commissioner of Internal
rated sales in order to be entitled to claim for tax credit Revenue shall grant a tax credit certificate/refund for
or refund creditable input taxes within ninety (90) days from the
Other documents may be used to prove “zero-rated sale date of submission of complete documents in support of
In another case, failure of the taxpayer to indicate its the application.
zero-rated sales in its VAT returns and in its official receipts Appeal of full or partial denial
is not sufficient reason to deny its claim for tax credit or In case of full or partial denial of the claim for tax credit
refund when there are other documents from which the certificate/refund as decided by the Commissioner of
court can determine the veracity if the taxpayer’s Internal Revenue, the taxpayer may appeal to the Court
claims. of Tax Appeals (CTA) within thirty (30) days from the
receipt of said denial, otherwise the decision shall
become final. However, if no action on the claim for tax
credit certificate/refund has been taken by the
Commissioner of Internal Revenue after the ninety (90)
day shall be punishable under Section 269 of this code.
Manner of giving refunds
Refunds shall be made upon warrants drawn by the
Commissioner of Internal Revenue or by his authorized
representative without the necessity of being
countersigned by the COA Chairman.

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