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TAXATION, definition
- Taxation is the power by which the sovereign, through its law making
body, raises revenue to defray the necessary expenses of the
government. It is merely a way of apportioning the costs of government
among those who in some measure are privileged to enjoy its benefits
and must bear its burdens.
TAXES
- Are the enforced proportional contributions from persons and property
levied by the law-making body of the state by virtue of its sovereignty
for the support of the government and for public needs.
Nature of Taxation
Characteristics of Taxation
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ATTY. ROLANDO B. PAGTOLON-AN, REB, REA, REC
iACADEMY School of Business
What are the three (3) inherent powers of the government?
Double Taxation
- taxing the same subject or object twice by the same taxing power within
the same taxable period for the same purpose.
- 2 Kinds:
Scenario:
Abida Land, Inc. is a real estate corporation engaged in the leasing of its
own apartments. It is regularly paying its annual real property taxes. Due to
the great demand of real estate in the area, the City of Magallanes
enacted an ordinance in 2018 which requires that all businesses engaged
in the leasing of real property shall pay an annual fee of Php20,000.00.
Abida Land, Inc. questioned the said ordinance since they are already
paying annually the real property tax. Do you think there is double taxation
(direct duplicate taxation)?
No. The impositions are of different nature and character. The fixed annual
fee is in the nature of a license fee imposed through the exercise of police
power, while the real property tax is imposed through the exercise of taxing
powers of the city as sanctioned under the Local Government Code.
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ATTY. ROLANDO B. PAGTOLON-AN, REB, REA, REC
iACADEMY School of Business
BUSINESS TAXES
Characteristics:
1. It is an indirect tax;
3. It is a transparent form of sales tax, since the law requires that the amount
of the tax be shown as a separate item in the VAT Invoice or receipt;
5. It adopts the “tax inclusive method”. Unless otherwise stated, any price
charged by a VAT-registered person shall be deemed to include the VAT
charged
How to compute?
Total Amount ÷ 1.12 x 12%= VAT
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ATTY. ROLANDO B. PAGTOLON-AN, REB, REA, REC
iACADEMY School of Business
What are the elements of a VATable transaction?
- For VAT to be charged (other than on imports), the following conditions
must be satisfied:
1) There must be a sale, barter, exchange or lease (SBEL) in the
Philippines;
2) The sale, barter, exchange or lease must be of taxable goods,
properties, or services; and
3) The sale must be made by a taxable person in the course of his
trade or business or furtherance of his/its profession.
VAT THRESHOLD:
The sale or lease of goods or properties or the performance of
services is with an annual gross sales and/or receipts of more than
Php3,000,000.00.
What is meant by the phrase “in the course of his trade or business” (Rule of
Regularity)?
- It means the regular conduct or pursuit of a commercial or an economic
activity, including transactions incidental thereto, by any person
regardless of whether or not the person engaged therein is a non-stock,
non-private organization (irrespective of the disposition of its net income
and whether or not it sells exclusively to members or their guests), or
government entity.
- The term incidental means something necessary, appertaining to or
depending upon another, which is termed the principal, something
incident to the main purpose (Magsaysay Lines Inc., et.al. vs. CIR)
Note: Even if the real property is not primarily held for sale to customers
or held for lease in the ordinary course of trade or business but the same
is used in the trade or business of the seller, the sale thereof shall be
subject to VAT being a transaction incidental to the taxpayer’s main
business.
Example:
Mr. Sepe is the owner of a shop selling computers in Makati City. His
business is VAT- registered. Recently, he sold his building where the
computer shop is situated, do you think the said sale is subject to VAT?
Yes. Since the property sold is the property used in his computer
business.
- This rule does not apply to the following transactions, which means that
they shall be subject to VAT although not made in the course of trade
or business:
1) Services rendered in the Philippines by non-resident foreign
persons; and
2) Importation of goods.
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ATTY. ROLANDO B. PAGTOLON-AN, REB, REA, REC
iACADEMY School of Business
"Section 31. Section 106 of the NIRC, as amended, is hereby further amended
to read as follows:
"(A) Rate and Base of Tax - There shall be levied, assessed and collected on every
sale, barter or exchange of goods or properties, a value-added tax equivalent to
twelve percent (12%) of the gross selling price or gross value in money of the
goods or properties sold, bartered or exchanged, such tax to be paid by the seller
or transferor.”
Scenario:
Adabson Realty Inc. is a real estate dealer corporation. It sells mansion
houses located in Alabang, Muntinlupa. One of its latest transaction is
the sale of a mansion with a selling price of Php13,000,000.00. The value
of the said property if based on the Zonal Value is Php 10,000,000.00.
Applying the Assessor’s valuation, said property is valued at Php
10,500,000.00. Compute for the VAT (inclusive of the price/value) of the
said transaction.
Computation:
Since the selling price is the highest among the three values, the rate
of 12% will be applied to the same.
Assuming that the selling price is still exclusive of VAT, how to compute
for the same?
What are the requisites for the taxability (VAT) of real properties?
a. The seller executes a deed of sale, including dacion en pago, barter or
exchange, assignment, transfer or conveyance or merely contract to sell
involving real property;
b. The real property is located within the Philippines;
c. The seller or transferor is engaged in the real estate business either as a
real estate dealer, developer or lessor;
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ATTY. ROLANDO B. PAGTOLON-AN, REB, REA, REC
iACADEMY School of Business
d. The real property is held primarily for sale or for lease in the ordinary
course of his trade or business; and
e. The sale is not exempt from VAT under any law.
Note: Absence of any of the above requisites exempts the transaction from
VAT. However, percentage taxes may apply.
"(A) Rate and Base of Tax. - There shall be levied, assessed and
collected, a value-added tax equivalent to twelve percent (12%) of gross
receipts derived from the sale or exchange of services, including the use
or lease of properties.
2. Lease of properties
- it shall be subject to VAT irrespective of the place where the
contract of lease was executed, if the property leased or used is in
the Philippines.
Is the deposit subject to VAT? Are advance payments made by the lessee
for lease of properties subject to VAT?
- It depends.
If the advance payment is actually a loan to the lessor, or an option
money for the property, or a security deposit for the faithful
performance of certain obligations of the lessee, such advance
payment is not subject to VAT.
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ATTY. ROLANDO B. PAGTOLON-AN, REB, REA, REC
iACADEMY School of Business
Security deposit that is applied to rental shall be subject to VAT at the
time of its application.
On the other hand, if the advance payment constitutes a prepaid rental,
then such payment is taxable to the lessor in the month when received,
irrespective of the accounting method employed by the lessor (R.R. No.
16-05, Sec. 4. 108-3).
Note: Residential unit excludes lodging houses, inns and pension houses
What is the tax base of the VAT on sale of service and use or lease of
properties?
- The 12% is based on the gross receipts derived from the sale or
exchange of services, including the use or lease of properties.
"The term ‘gross receipts’ means the total amount of money or its
equivalent representing the contract price, compensation, service fee,
rental or royalty, including the amount charged for materials supplied with
the services and deposits and advanced payments actually or
constructively received during the taxable quarter for the services
performed or to be performed for another person, excluding value-
added tax.
Initial payments means payment or payments which the seller receives before or
upon execution of the instrument of sale and payments which he expects or is
scheduled to receive in cash or property (other than evidence of indebtedness of
the purchaser) during the taxable year when the sale or disposition of the real
property was made. It covers any downpayment made and includes all payments
actually or constructively received during the year of sale, the aggregate of which
determines the limit set by the law.
In other words, add the downpayment plus all amortization payments (principal
portion only) during the year and compute if the total exceeds 25% of the gross
selling price.
• The transaction shall be treated as a cash sale which makes the entire
selling price subject to VAT in the month of sale.
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ATTY. ROLANDO B. PAGTOLON-AN, REB, REA, REC
iACADEMY School of Business
B. Installment basis
Scenario:
A real estate dealer showed the following details during the year:
The monthly VAT return should be filed on or before the 20th day of the month
following the close of the 1st two months of the quarter (February 20, March 20,
May 20, June 20, August 20, September 20, November 20, December 20) while the
quarterly VAT return should be filed on or before the 25th day of the month
following the last month of the quarter (April 25, July 25, October 25, January 25).
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ATTY. ROLANDO B. PAGTOLON-AN, REB, REA, REC
iACADEMY School of Business
Php1,500,000.00 (2018-2020)
f. Condominium unit at less than Php2,500,000.00 (2018-2020)
g. Adjacent Condominium unit at less than Php2,500,000.00
(2018-2020)
Hence, beginning January 01, 2021, the VAT threshold for sale of real
properties (meaning there is VAT for these real properties when sold):
ii. Services
- those services rendered by individuals pursuant to an
employer-employee relationship
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ATTY. ROLANDO B. PAGTOLON-AN, REB, REA, REC
iACADEMY School of Business
SCENARIO:
ANSWER?
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ATTY. ROLANDO B. PAGTOLON-AN, REB, REA, REC
iACADEMY School of Business
II. PERCENTAGE TAX
- is a business tax imposed on persons or entities who sell or lease goods,
properties or services in the course of trade or business whose gross
annual sales or receipts do not exceed Php3,000,000.00.
When to file/pay?
- It is filed and paid within 25 days after the end of each taxable
quarter.
The CREATE or Comprehensive Recovery and Tax Incentives for Enterprises is a law
that seeks to assist businesses as a response to the pandemic with retroactive
provisions and lower tax rates.
How can I take advantage of the CREATE Law with my Percentage Tax filing?
One of the taxes that benefit from CREATE is the Percentage Tax submitted through
Form 2551Q. From the usual 3% tax rate, taxpayers can now use the new 1% rate for
their taxes. This tax rate is also retroactive, meaning this can be applied to your
previously filed taxes from July 2020.
However, this tax rate is only effective until June 30, 2023. After this period, the
percentage tax will default back to 3%.
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ATTY. ROLANDO B. PAGTOLON-AN, REB, REA, REC
iACADEMY School of Business
Sample computation of Percentage Tax Due and Payable
Let’s say you’re running a consultancy business, earning less than 3M annually, and
receive a quarterly income of P180,000. In that case, if you’ve opted for the quarterly
percentage tax option (as reflected in your COR), then the calculation would be
something like this:
We’ve mentioned earlier that the new 1% tax rate is retroactive and can be applied
to your 2020 Q3 and Q4 filings. This means that the excess amounts you’ve paid to
the BIR can be used as tax credits to pay for your future percentage tax payments.
To compute, check your 2551Q filings for 2020 Q3 (due on October 2020) and 2020
Q4 (due on January 2021). Refer to the latest amendment if you’ve made
amendments.
Look for the values tagged against the Alphanumeric Tax Code PT010 on Page 2 of
the form.
Multiply the amounts tagged as PT010 in your forms and multiply it by 1%. This is
the amount you should have paid as per the retroactive rules of CREATE.
After this, deduct this amount (1%) from the Total Tax Dues tagged against PT010 in
your forms.
Sample Computation
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ATTY. ROLANDO B. PAGTOLON-AN, REB, REA, REC
iACADEMY School of Business
Say for example you have a total of ₱100,000 as your amount tagged as PT010 in
your Q3 and Q4 filings. This is how you’ll calculate how much you should pay as per
the CREATE Law.
This means that you have ₱2,000 you can use as credits to pay for your future 2551Q
payments.
You can file your BIR Form No. 2551Q with any Authorized Agent Banks (AAB) of the
Revenue District Office (RDO) where you are registered or are conducting business.
In case there are no AABs, then this form shall be filed with the Revenue Collection
Officer (RCO) of your RDO.
If you’re the franchise owner, you can file a separate return for your head office and
for each branch. You can also file a consolidated return for the head office and
included branches.
You can also pay and submit your taxes online. Tax compliance apps, like Taxumo,
simplifies the tax filing and submission process for you.
Period Deadline
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ATTY. ROLANDO B. PAGTOLON-AN, REB, REA, REC
iACADEMY School of Business
Payment can be made manually or electronically. If you’re opting for manual
payment, you can do what was mentioned above. Head to the AAB located in your
area that is within the jurisdiction of the RDO or file your return with the RCO.
Online payment, on the other hand, can be accomplished using GCash Mobile
Payment, Landbank’s Linkbiz Portal or DBP’s Tax Online. Note that you would still
have to manually calculate your corresponding tax dues, as these channels require
you to already enter said tax due amount.
The taxpayer will incur interest of 25% plus surcharge plus compromise fee in cases
where he/she:
o Failed to file and pay their quarterly percentage tax return on or before
the deadline
o Filed a return with the wrong person or officer
o Failed to pay the full or part of the amount of tax due; or
o Willfully neglected to file the quarterly percentage tax within the prescribed
period; or
o Willfully made a false and fraudulent return
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ATTY. ROLANDO B. PAGTOLON-AN, REB, REA, REC
iACADEMY School of Business