Professional Documents
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VAT-EXEMPT TRANSACTIONS
1. VAT-Exempt Transaction Defined
“VAT-exempt transactions” refer to sale of goods or services which, by their nature, are specifically listed in and
expressly exempted from VAT, under the Tax Code, without regard to the tax status of the party in the transaction.
Transactions not subject to VAT (output tax) are not entitled to tax credit of VAT (input tax) on purchases. The person
making the exempt sale shall not bill any output tax to his customers because the said transaction is not subject to
VAT.
Provided, That the Bureau of Customs may, upon the production of satisfactory evidence that such persons are actually
coming to settle in the Philippines and that the goods are brought from their former place of abode, exempt such goods
from payment of duties and taxes:
Provided, further, That vehicles, vessels, aircrafts, machineries and other similar goods for use in manufacture, shall not fall
within this classification and shall therefore be subject to duties, taxes and other charges;
The exemption claimed under this subsection shall be subject to post audit by the Bureau of Internal Revenue (BIR) or the
Bureau of Customs (BOC), as may be applicable.
(cc) Sale or lease of goods or properties or the performance of services other than the transactions mentioned in the preceding
paragraphs, the gross annual sales and/or receipts do not exceed the amount of Three Million Pesos (₱3,000,000.00).
For purposes of these Regulations, the ₱3,000,000.00 gross annual sales shall comprise of the business' total revenues from
sales of its products, which are either goods or services, including non-refundable advance deposits/payments for services,
net of discounts, sales returns and allowances, covering the calendar or fiscal year. Sales incidental to the registered
operations of the business shall also be included pursuant to Section 105 of the Tax Code, as amended.
Self-employed individuals and professionals availing of the 8% tax on gross sales and/or receipts and other non-operating
income, under Sections 24(A)(2)(b) and 24(A)(2)(c)(2)(a) of this Code shall also be exempt from the payment of twelve
percent (12%) VAT.
For the purpose of the threshold of P3,000,000 (used to be P1,919,500), the husband and the wife shall be considered
separate taxpayers. However, the aggregation rule for each taxpayer shall apply. For instance, if a professional, aside from
the practice of his profession, also derives revenue from other lines of business which are otherwise subject to VAT, the same
shall be combined for purposes of determining whether the threshold has been exceeded. Thus, the VAT-exempt sales shall
not be included in determining the threshold.
A VAT-registered person may, in relation to Sec. 236 (H) of the 1997 Tax Code, as amended, elect that the exemption in Sec.
4.109-1(B) hereof shall not apply to his sales of goods or properties or services. Once the election is made, it shall be irrevocable for
a period of three (3) years counted from the quarter when the election was made except for franchise grantees of radio and TV
broadcasting whose annual gross receipts for the preceding year do not exceed ten million pesos (P10,000,000.00) where the
option becomes perpetually irrevocable.
3. VAT Exemption Under R.A. 11861 or the “Expanded Solo Parents Welfare Act”
a. Conditions for the 10% 1) Solo parent has a child/children with the age of six (6) years or under; and
discount and VAT 2) Solo parent is earning less than P250,000 annually
exemption
b. Application of the 10% Qualified solo parent’s purchase of the following goods from drug stores, pharmacies,
discount and VAT grocery stores, and similar establishments:
exemption subject to 1) Baby’s milk;
the guidelines issued by 2) Food supplements and micronutrients supplements;
DOH, in coordination 3) Sanitary diapers;
with FDA, Philhealth, 4) Medicines;
and DILG 5) Vaccines; and
6) Other medical supplements
c. Presentation of the Solo The Solo Parent shall present his/her SPIC and Solo Parent Booklet showing the
Parent Identification qualifications meeting the required conditions.
Card (SPIC) and Solo
Parent Booklet
d. Rules on the The grant of discount is only for the purchase of goods for the exclusive use and
determination of the enjoyment or availment of the solo parent’s child or children with the age of six (6) years
Amount of Discount or under:
1) Prescribed medicine, vaccine, and other medical supplements
2) Baby’s milk, food supplements and micronutrient supplements, and sanitary
diapers
e. Treatment of the 10% 1) Treated as ordinary and necessary expense
discount 2) Amount of sales that must be reported for tax purposes is the undiscounted selling
price and not the amount of sales net of discount.
2. Exercises
a. Based on the following current year data, determine the VAT-subject and VAT-exempt amounts:
Case 1 Case 2 Case 3
Selling price, condominium unit P2,000,000 P2,500,000 P4,500,000
Selling price, parking lot 500,000 800,000 900,000
Total P2,500,000 P3,300,000 P5,400,000
VAT-subject
Vat-exempt
b. The following information pertains to lease of property for the current year:
Apartment Commercial
house building
Case 1 – Rent per unit per month P 15,000 P 15,000
Annual gross receipts P2,500,000 P2,500,000
VAT-subject
VAT-exempt
g. LA Corporation is a VAT-registered entity and a holder of License to Operate issued by FDA to manufacture medical-grade PPE
components such as coveralls, gowns, surgical caps, surgical masks, n-95 masks, scrub suits, goggles and face shields, double
or surgical gloves, dedicated shoes and shoe covers for COVID-19 prevention.
During the period of April to June 2021, the company had the following transactions:
Importation of raw materials (not locally available) P2,000,000.00
Importation of capital equipment 25,000,000.00
Importation of raw materials (locally available) 1,000,000.00
Sale or transfer of raw materials to an affiliated company which is also a holder of License to Operate
by the FDA 500,000.00
How much of the above transactions shall be exempt from VAT?
Answer:
i. Identify the following transactions as of January, 2021: A) VAT-subject at regular rate B) VAT-subject at zero rate
C) VAT-exempt
1) Sale of an apartment house A
2) Sale of the right or the privilege to use any industrial, commercial or scientific equipment A
3) Services rendered by local construction and service contractors A
4) Services rendered by transportation contractors on their transport of goods or cargoes from one domestic port
to another domestic port A
5) Sale of electricity by generation, transmission and/or distribution companies A
6) Services rendered by a beauty parlor A
7) Services rendered by a funeral parlor A
8) Transport of passengers and cargoes by a domestic air or sea carriers from the Philippines to a foreign
country B
9) Sale of goods, supplies, equipment and fuel to persons engaged in international shipping and air transport
operations B
10) Sale of raw materials or packaging materials to export-oriented enterprise whose export sales exceed 70% of
the total annual production B
11) Sale of power or fuel generated through renewable sources of energy B
12) Services rendered to persons engaged in international shipping or air transport operations, including lease of
property for use thereof B
13) Sale of gold to Bangko Sentral ng Pilipinas C
14) Sale to non-resident buyer of goods assembled in the Philippines to be delivered to a resident in the
Philippines, paid for in acceptable foreign currency and accounted per BSP rules and regulations A
15) Distribution or transfer of goods to creditor in payment of debt or obligation A
16) Sale of goods or services to Asian Development Bank B
17) Sale of goods or services to Land Bank of the Philippines A
18) Services rendered by review schools for CPA Licensure Examination A
19) Educational services rendered by private educational institutions accredited by DEPED, CHED or TESDA C
20) Export sales of persons who are VAT-registered B
21) Export sales of persons who are not VAT-registered C
22) Sale of real property utilized for socialized housing C
23) Lease of residential units where the monthly rental per unit does not exceed P15,000 C
24) Lease of commercial units where the monthly rental per unit does not exceed P15,000 and whose annual
gross rentals amount to P3,000,000 C
25) Sale of agricultural foods products in their original state where the annual gross sales exceed P3,00,000 C
26) Sale of canned food products where the annual gross sales exceed P3,000,000 A
27) Performance of VAT-subject services where the gross annual receipts do not exceed P3,000,000 C
28) Medical services rendered by professionals A
29) Medical services rendered to confined patient by a doctor employed by the hospital C
30) Transfer of property through merger or consolidation C
31) Association due of homeowners association C
32) Sale of residential lot by real estate dealer the value of which is P1,500,000 A
33) Sale of medicine to Senior Citizens and Person With Disability C
34) Sale of lechong manok (take out) C
35) Sale of lechong manok in a restaurant A
36) Sale of cut flowers A
37) Sale of broom and walis tingting A
38) Sale of copra, molasses and ordinary salt C
39) Laboratory services rendered by hospitals C
40) Sale of medicine to in-patients of the hospital C
END
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