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3.4 Compliance Requirements PDF
3.4 Compliance Requirements PDF
3.4 Compliance Requirements PDF
In both cases, if the invoice/receipts contain the required information, the “purchaser” shall be allowed to recognize an input tax credit
.
4. Power of the Commissioner to Suspend Business Operations
The Commissioner of Internal Revenue or his authorized representative may order suspension or closure of a business establishment for a period
of not less than 5 days for any of the following violations:
a. Failure to issue receipts or invoices;
b. Failure to file VAT return;
c. Understatement of taxable sales or receipts by 30% or more of the correct taxable sales or receipts for the taxable quarter.
d. Failure of any person to register as required under the law.
7. Oplan Kandado
Is an initiative involving the strengthening of the bureau’s imposition of the prescribed administrative sanctions for non-compliance with such
essential requirements as;
a. the issuance of receipt.
b. Filing of returns,
c. declaration of taxable transactions,
d. taxpayer’s registration,
e. and paying correct amount of taxes as mandated by the norms/ standards of their particular industry or line of business.
Deadline for Filing of a) Monthly VAT Returns (First 2 months of the Quarter)- on or before the 20th day following
Returns the end of the month, except for taxpayers enrolled with EFPS.
b) Withholding VAT return - on or before the 10th day following the end of the month.
c) Quarterly VAT (Last month of the Quarter) - on or before the 25th day following the end of
the month. (Manual or EFPS)
.
2. Taxpayers enrolled with Electronic Business Industry Period of Filing of Monthly VAT
Filing and Payment System (EFPS) Declarations
Group A: 25 days following the end of the month
Group B: 24 days following the end of the month
Group C: 23 days following the end of the month
Group D: 22 days following the end of the month
Group E: 21 days following the end of the month
GROUP A
Banking institutions
Insurance and pension funding
Non-bank financial intermediation
Activities auxiliary to financial intermediation
Water transport
Hotels and restaurant
Land transport
GROUP B
Manufacture and repair of furniture
Manufacture of basic metals
Manufacture of chemicals and chemical products
Manufacture of coke, refined petroleum and fuel products
Manufacture of electrical machinery and apparatus N.E.C
Manufacture of fabricated metal products
Manufacture of food, products, and beverages
Manufacture of machinery and equipment NEC
Manufacture of medical, precision, optical instruments
Manufacture of motor vehicles, trailers and semi-trailers
Manufacture of office, accounting and computing machinery
Manufacture of other non-metallic mineral products
Manufacture of other wearing apparel
Manufacture of radio, TV and communication equipment/apparatus
Manufacture of rubber and plastic products
Manufacture of textiles
Manufacture of wood and wood products
Manufacture NEC
Metallic Ore Mining
Non-metallic Mining and Quarrying
GROUP C
Retail sale
Wholesale Trade and Commissioner trade
Sale, maintenance, repair of motor vehicle, sale of automotive fuel
Collection, purification and distribution of water
Computer and related activities
Real estate activities
GROUP D
Air transport
Electricity, Gas, Steam and Hot water supply
Postal and telecommunications
Publishing, printing and reproduction of recorded media
Recreational, cultural and sporting activities
Recycling
Renting of Goods and Equipment
Supporting and Auxiliary Transport Activities
GROUP E
Activities of membership organization inc.
Health and social work
Private educational services
Public educational services
Research and development
3.4 VAT compliance requirements Page 2 of 8
Agricultural, Hunting and Forestry
Farming of animals
Fishing
Other service activities
Miscellaneous business activities
Unclassified
c. Quarter return includes the amounts reflected in the monthly VAT declarations
Amounts reflected in the monthly VAT declarations for the first two (2) months of the quarter shall still be included in the quarterly VAT
return, which reflects the cumulative figures for the taxable quarter.
Exercise:(Adapted)
Ansel Corporation had the following data for the current year are presented to you:
Cases: Answer
1. A VAT registered taxpayer retires from business on February 20X7 and his VAT registration is On or Before April 25
cancelled. When is the filing of the final quarterly return and payment of the VAT due thereon?
2. The effective date of registration falls on February 20X7. When is the filing of the initial monthly On or Before March 20 (Monthly)
VAT declaration and the quarterly VAT return and the payment of the VAT due thereon? On or Before April 25 (Quarterly)
3. The effective date of registration falls on March 20X7. When is the filing of the initial monthly VAT On or Before April 25
declaration and the quarterly VAT return and the payment of the VAT due thereon?
2. Place to file monthly VAT declaration and quarterly VAT return if no payment is involved
The monthly VAT declaration and the quarterly VAT return, where no payment is involved, shall be filed with:
a. Revenue District Officer/ Large Taxpayer District Office/ Large Taxpayer Assistance Division
b. Collection agent
c. Duly authorized Municipal/ City Treasurer of the municipality/ City where the Taxpayer (head office of the business establishment) is
registered or required to be registered
3. Only one consolidated quarterly VAT return or monthly VAT declaration covering the results of operation of the head office as well as the
branches for all lines of business subject to VAT shall be filed by the taxpayer, for every return period, with the BIR office where the taxpayer is
required to be registered
Taxpayers under the jurisdiction of the LTS, and those enrolled under EFPS, shall, through electronic filing facility submit their Summary List
of Sales/Purchases to the RDO/LTDO/LTAD, on or before the 30th day of the month following the close the taxable quarter.
5. Bookkeeping Requirements
a. Subsidiary sales and purchase ledgers to record daily sales and purchases.
b. Subsidiary record in ledger from for depreciable assets and capital goods.
c. Total input tax and monthly input tax claimed in VAT return.
c. Advance payments may be available for issuance of tax credit certificate (TCC)
1. Advance payments which remain unutilized at the end of the taxpayer’s taxable year where the advance payment was made, which is
tantamount to excess payment, may, at the option of the owner/seller/taxpayer or importer/miller/taxpayer, be available for the issuance of
TCC upon application duly filed with the BIR by the seller/owner or importer/miller within two (2) years from the date of filing of the 4th
quarter VAT return of the year such advance payments were made, or if filed out of time, from the last day prescribed by law for filing the
return.
2. Advance VAT payments which have been the subject of an application for the issuance of TCC shall not be allowed as carry-over nor
credited against the output tax of the succeeding quarter/year.
3) Issuance of TCC shall be limited to the unutilized advance VAT payment and shall not include excess input tax.
4) Issuance of TCC for input tax attributable to zero-rated sales shall be covered by a separate application for TCC following the applicable
rules.
Raw Cane Sugar for Purposes of the Imposition of Advance Business Tax (Value-Added Tax or Percentage Tax) RR 8-2015
Raw Cane Sugar — the natural sugar extracted from sugarcane through simple mechanical process by pressing for the juice; boiled to
crystallize; filtered using centrifuge to separate these crystals, and dried, resulting to crystallize brown sugar (brown color due to natural
molasses content present in sugar cane): Provided, that it shall refer to raw cane sugar produced from conducting only one (1) stage of
filtering and centrifugal without any other further process applied thereto, such as but not limited to washing, bleaching, etc.: Provided
further, that its color is greater than 800 ICU and that its content of sucrose by weight in dry state corresponds to a polarimeter reading of
less than 99.5°.
The above definition includes muscovado which has standard specifications as produced, namely: Powder Class A – polarization of 86°
minimum; Powder Class B – polarization of 77° minimum; and, Lump – polarization of 57° minimum.
Thus, only those falling under the above-definition of Raw Cane Sugar, including muscovado, are exempt from VAT, or from Percentage Tax,
pursuant to Section 109 (1)(A) of the Tax Code.
Sugar Regulatory Authority represents that it collects on a biweekly basis composite samples from mills for routine quality tests. For further
verification that the products produced by mills conform to the definition contained herein, the SRA shall provide the BIR with a copy of the
results of said test showing the polarimeter and color reading of the Raw Cane Sugar produced, within 15 days from the end of the calendar
month. The SRA shall also insure that they have in place rules and regulations requiring the “RAW CANE SUGAR” be clearly placed on
quedans issued for products falling under this definition.
Sugar — refers to sugar other than Raw Cane Sugar. This includes sugar whose content of sucrose by weight, in the dry state corresponds to a
polarimeter reading of 99.5° and above and/or whose color is 800 international color units (ICU) or less.
Exempt from VAT collection raw cane sugar with the following specifications: color is greater than 800 international color units (ICU), sucrose
3.4 VAT compliance requirements Page 5 of 8
content by weight and dry state corresponding to a polarimeter reading of less than 99.5 degrees.
Sugar Refinery/Mill refers to entity, natural or juridical, engaged in the business or milling sugar cane into raw or in the refining of raw sugar.
Sugar "Owners" as used in this Regulations may refer to persons who have legal title over the sugar and may include any of the following:
1. Sugar Planters;
2. Traders;
3. Sugar Millers;
4. The Cooperative’s;
5. The Associations.
Requirements to Pay in Advance Business Taxes, such as VAT or Percentage Tax on Sale of Sugar
In general, the business tax (VAT or Percentage Tax) on the sale of sugar, shall be paid in advance by the owner/seller before any warehouse
receipt or quedans are issued or before the sugar is withdrawn from any sugar refinery/mill.
Moreover, any person whose sales or receipts are exempt under Section 109(1)(BB) of the NIRC from the payment of VAT and who is not a
VAT-registered person shall pay an advance percentage tax equivalent to THREE PERCENT (3%) of the gross monthly sales or receipts of
sugar.
Unutilized advance Tax payments which have been the subject of an application for the issuance of TCC shall not be allowed as carry-over nor
credited against the output tax/percentage tax of the succeeding month/quarter/year.
Issuance of TCC shall be limited to the unutilized advance tax payments and shall not include excess input tax. Issuance of TCC for input tax
attributable to zero-rated sales shall be covered by a separate application for TCC following applicable pertinent rules.
END
Problems
Output Tax
1. ABC Corporation sold a parcel of land used in business to XYZ Company on July 2, 2016 for P1,000,000, plus the output VAT, with a monthly
installment payment of P10,000.00, plus the output VAT. Monthly installments are paid at the end of each month. The zonal value of the subject
property at the time of sale amounted to P1,500,000.00. Compute for the output tax due on the installment payment.
2. The following data are taken from sale of a real estate dealer on January 2, 2015:
Gross selling price P10,000,000
Assessed Value 15,000,000
Zonal Value 14,200,000
Downpament(January 5,2015): 1,000,000
January 31, 2015 1,000,000
January 31, 2016 2,000,000
January 31, 2017 2,000,000
a. How much is the output tax for January 31, 2015, January 31, 2016 and January 31, 2017 using 12% VAT rate?
b. Assuming the downpayment is P2,000,000,how much is the output tax for January 31, 2015, January 31, 2016 and January 31, 2017 using 12%
VAT rate?
c. Assuming the seller is not a real estate dealer but the real property sold is used in business, how much is the output tax for January 31, 2015,
January 31, 2016 and January 31, 2017 using 12% VAT rate?
d. Assuming the seller is not a real estate dealer andthe real property sold is not used in business, how much is the output tax for January 31,
2015, January 31, 2016 and January 31, 2017 using 12% VAT rate?
a. Identify which of the following transactions above are subject to VAT and which are exempt. If subject to VAT indicate the VAT rate.
b. Compute the output tax of the VAT-registered seller?
3.4 VAT compliance requirements Page 6 of 8
4. (Adapted) Bea Corp. imported an article fromUSA. The imported article has an invoice value of was $100,000 ($1=P50). Customs duties of
P300,000 and P200,000 excise tax were paid in connection with the importation.T he following charges were also incurred before the release of
goods by the Bureau of Customs:
Insurance P100,000
Freight 100,000
Postage 10,000
Wharfage dues 100,000
Arrastre charges 90,000
Brokerage fees 50,000
Facilitation fee 50,000
After the release from the Bureau of Customs, Bea Corp. paid P60,000( VAT exclusive) for transport of goods to its warehouse in Malabon City.
It also paid warehousing rent and securiy of P100,000, net of VAT.
Input Tax
2. A government agency has the following purchases for the month of January, 2017 from VAT registered suppliers of goods and/or services:
Invoice Amount
Purchase of Goods (inclusive of VAT) P1,120.00
Purchase of Services (inclusive of VAT) 5,600.00
a. Prepare the necessary journal entries for the sale made by the VAT-registered supplier of goods assuming that the goods sold has a cost of
P500 exclusive of VAT.
b. Prepare the necessary journal entries for the services made by the VAT-registered service provider assuming that the supplies in relation to the
services has a cost of P100 exclusive of VAT..
c. Prepare the necessary entries for the transactions made by the government agency.
d. How will the government agency compute for the amount due to their suppliers?
e. How will the government agency compute for the amount of withholding tax to be filed and remitted for the month of January, 2017?
3. Jack and Jill Corporation is aVAT-registered trader of bags. It has waived its privilege to claim input tax credit.It filed a notice availment of the
option to pay the tax through the withholding process. For the previous month, it sold P150,000 (net of VAT) worth of bags to a buyer in the
course of trade or business. Last month, its purchases from a VAT-registerd supplier amounted to P100,000 (VAT exclusive) worth of goods.
a. Prepare the necessary journal entries for the transactions made by the seller and the journal entries made by the buyer who buys in the course
of trade or business.
b. Prepare the necessary journal entries for the transactions made by the seller and the journal entries made by the buyer who does not buy in the
course of trade or business.
c. Compute the total withholding VAT.
d. How much is the VAT payable of the seller (payee)?
4.GJ Company, VAT regisrtered taxpayer hired an architect in USA to design a new building for his company. The architects fee is US$10,000.
(P50=1US$).net of 12% VAT.
Purchases
May 1 From a VAT-registered person P200,000
5 From a VAT-registered person 300.000
17 From a non VAT-registered person 100,000
Sales
May 25 Goods bought on May 1 300,000
The following month He decided to register as VAT taxpayer and made the following transactions
Purchases
June 10 From a VAT-registered person P100,000
Sales
June 11 Goods bought on May 5 500,000
25 Goods bought on May 17 200,000
26 Goods bought on June 10 200.000
6. (Adapted)Bam and Trixia Merchadising, VAT-registered, has the following transactions during the month of January, 2017: