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Value-Added Tax Final
Value-Added Tax Final
If the Sale is Exempt from VAT, it may subject to OPT.; except those transactions exempt from
business taxes (made for subsistence or livelihood.
OUTPUT VAT
SOURCES OF OUTPUT VAT ACTUAL SALE (CASH or ACCOUNT)
1. Actual sale Basis of the 12% output VAT
2. Transaction deemed sales a. Sale of Goods - Gross selling Price
3. Zero-rated Sales b. Sale of Services - Gross Receipts
c. Sale by Dealer in Securities - Gross Income
d. Sale of Real Property
Selling Price
FMV whichever is HIGHEST
Zonal Value
TRANSACTION DEEMED SALE
Transactions which are NOT actually sales Transactions that are Considered as Deemed Sale
Absence of actual exchange between the buyer 1. Transfer, use or consumption not in the
and the seller. ordinary course of business of
No output vat was actually charged to goods/properties ordinarily intended for sale
customers. or use in the course of business.
In TDS, the person is liable for BASIS: FMV of the goods consumed
corresponding output vat even in the absence
of actual sale. 2. Distribution or Transfer to:
i. Shareholder or investors as share in the
VAT (TDS) SHALL NOT BE IMPOSED ON profit of a VAT registered person; and
GOODS/PROPERTIES EXISTING AS OF THE OCCURENCE OF ii. Distribution or transfer to creditors in
THE FF: payment of debt/obligation
a) Change of control of a corporation by the BASIS: Fair Market Value
acquisition of the controlling interest of
such corporations by another stockholder or 3. Consignment of goods if actual sale is not
group of stockholders. made within 60 days following the date of
The goods/properties used in business will such goods were consigned.
not be considered sold, bartered or exchanged Goods returned w/in 60-day period are not
despite the change in the ownership interest deemed sold
b) Change in the trade/corporate name of the BASIS: Fair Market Value
taxpayer
c) Mergers or consolidation of Corporations 4. Retirement from or cessation of status as VAT
Unused input tax of dissolved corporations registered person with respect to all “goods
shall be absorbed by the new or surviving on hand”, whether or not the business is
corporations. continued by new owner or successor
BASIS: Lower amount between Acquisition Cost
and FMV
5.Others:
i.Change of business activity from VAT to VAT
exempt status. CAPITAL GOODS are deemed sold
ii. Approval of a request for cancellation of
registration due to reversion to exempt
status
iii. Approval of a request for cancellation of
registration due to a desire to revert back
to exempt status after the lapse of 3
consecutive years.
ZERO RATED SALES
A taxable transaction for VAT purposes, but shall Refund of Input VAT on Zero Rated Sale
not result in any output tax. Shall EXCLUDE the portion of the input vat
The input tax on purchases of goods, that has been applied against the output vat.
properties or services, shall be available as Application should be filed within 2years
tax credit or refund in accordance with after the close of the taxable quarter when
existing regulation such sales were made.
The payments for the sales must have been
OUTPUT VAT (Gross Sales x 0%) P 0 made in acceptable foreign currency duly
Input VAT (xx) accounted for in accordance with BSP rules
VAT PAYABLE (REFUNDABLE) P(xx) and regulations.
Claims for input vat refund of direct
VALUE ADDED TAX
PURPOSE: The zero rated seller becomes exporters shall be exclusively filed with the
internationally competitive by allowing the VAT Credit Audit Division (VCAD)
refund or credit of input taxes that are The commissioner of internal revenue shall
attributable to export sales. grant refund for creditable input vat within
90 days (previously 120 days) from the date
RATIONALE: The Philippine VAT system adheres to of submission of the official receipts or
the “Cross Border Doctrine” or “Destination invoices and other documents in support of
Principle”, according to which, NOT VAT shall be the application filed.
imposed to form part of the cost of the goods
destined for consumption outside the territorial The 90 day period to process and decide,
border of the taxing authority. pending the establishment of the enhanced VAT
Refund System shall only be up to the date of
approval of the Recommendation Report on such
application.
The input VAT attributable to ZERO rated (0%) In case of full or partial denial of the
Sale may be: claim, the taxpayer may within 30 days from
a) Refunded; or receipt of the decision denying the claim,
b) Claimed as deduction/tax credit against appeal the decision of the Court of Tax
output vat on domestic sales; or Appeals.
c) Claimed as tax credit (TCC) against any other
internal revenue taxes EXPORT SALE BY A NON-VAT REGISTERED ENTITY
It’s a VAT exempt transaction
The seller/supplier is NOT ALLOWED any tax
credit of VAT (input tax) on purchases
related to such exempt transaction.
EXPORT SALES B. Effectively Zero Rated Sales
A. Actual Export and Deemed Export Sales Sales to entities exempt under a special law
a) Sale and actual shipment of goods from or under international agreements to which
Philippines to a foreign country the Philippines is a signatory effectively
Irrespective of any shipping arrangement that subject such as sales to zero rate.
may be agreed upon Example:
Paid for in acceptable foreign currency Sale of Goods to Asian Development Bank (ADB)
DEEMED EXPORT SALES: International Rice Research Institute (IRRI)
1. Sale of raw materials or packaging materials Local sale of goods & properties by a VAT
to a non-resident buyer for a delivery to a registered person or entity who was granted
resident local export oriented enterprise to indirect tax exemption under special laws or
be used in manufacturing, processing, packing international agreement.
or repacking in the Philippines of the said
buyer’s goods, paid for in acceptable
currency. STATUS QUO ON VAT ZERO-RATING OF SALES TO PEZA
2. Sales to Export-oriented enterprises which ENTITIES
the code considers as export sales at the Provides that special economic zones are to
level of the supplier of raw materials. be operated and managed as a separate customs
The sale is considered only zero rated is the sale territory
of raw materials or packaging is made to an VAT zero rating incentive is enjoyed by PEZA
export-oriented enterprise whose export sales locators or entities.
exceed 79% of actual annual production.
3. Export sales under the EO No. 226, “Omnibus
Investment Cost of 1987 and other special
laws.
4. Sale of gold to BSP - VAT Exempt
5. Sale of goods, supplies, equipment and fuel
to persons engaged in international shipping
or international air transport operations -
0% VAT
NOTE:
Under Train law, the items i, ii and iii are now
subject to `2% VAT, but only upon the
satisfaction of the following conditions.
1) Successful establishment and implementation
of an enhance refund system
2) All pending vat refund claims as of Dec.
31,2017 shall be fully paid in cash by Dec,
31, 2019.