Professional Documents
Culture Documents
BSTX Reviewer (Midterm)
BSTX Reviewer (Midterm)
BSTX Reviewer (Midterm)
a. Donor’s tax
NATURE AND CONCEPT OF BUSINESS TAXES b. Estate tax
To engage in business means to employ or involve oneself
in employment, occupation, profession, or commercial DOCUMENTARY STAMP TAX (DST)
activity for gain or livelihood. The term “engage” connotes Documentary stamp tax is the tax imposed on the right to
more than a single act or isolated transactions; it involves enter into a transaction that is described in the document
same continuity of action. needed to be filed in any government office
NIRT are collected by the Bureau of Internal Revenue Examples of business transactions are:
(BIR), the government’s agency primarily in charges to
assess and collect all taxes and charges imposed by the a. Buying insurance from an insurer
NIRC, other laws and regulations b. Buying inventory from a supplier
c. Selling goods to a customer for cash
INCOME TAXES d. Selling goods to a customer on credit
Income tax is the tax imposed on taxpayer’s earnings. e. Paying wages to employees
f. Obtaining a loan from a lender
Kinds of Income Taxes g. Selling shares to an investor
a. Regular Income Taxes
b. Final Income Taxes INTRODUCTION TO VALUE ADDED TAX
- Transitional Input VAT (TIV) is allowed on the - For denial of applications within the 120 days period,
inventory on hand (goods, materials of supplies) of a the taxpayer may appeal to the Court of Tax Appeal
person who, for the first time becomes liable to VAT or (CTA) within 30 days from the receipt of the denial;
elects to be VAT-registered. otherwise the decision will become final.
- TIV is equivalent to 2% of the value of such inventory - If the commissioner does not give decision within 120-
or the actual input VAT paid on such inventory, day period, the taxpayer may file an appeal with the
whichever is higher. CTA without waiting for the expiration of the 120-day
- Goods exempt from VAT shall be excluded in the period, if the 2-year period is about to lapse.
computation of TIV
VALUE-ADDED TAX DECLARATION
Illustration: A business firm has just registered as VAT - BIR Form 2550M must be filed and paid on or before
the 20th day of the month following the taxable month
business. On that date, it has inventory stock of P100, 000.
for the first two months of the quarter.
A portion of its inventory was from purchases which were
- The quarterly VAT return (BIR Form 2550Q) is to filed
taxed with P1, 000 VAT. The input VAT allowed would be:
on or before the 25th of the month following the close
TIV (P100, 000 x 2%), higher = P2,000. of the quarter.
PRESUMPTIVE INPUT VAT (On VAT-exempt Prime INPUT VAT TREATED AS EXPENSES OF COSTS
Materials) a. Input VAT of non-VAT registered taxpayers
b. Input VAT of VAT-exempt taxpayers
- Is an amount allowed by the tax code as input tax on
purchases of a VAT-registered person despite that c. Excess of actual input VAT over the standard input
there is no actual VAT payment made on VAT-exempt VAT on sales to government
transactions?
- PIV is 4% of the gross value in money of their d. Expired input VAT
purchases of primary agricultural products which are
VALUE ADDED TAX
used as inputs in the production of:
a. Sardines, mackerel Importation refers to the purchase of goods or
b. Milk service by Philippine residents from non-resident
c. Refined sugar sellers.
d. Cooking oil; and
e. Packed noodle based instant meals SECTION 105 PERSONS LIABLE
- VAT Refund or Tax Credit Certificate - Any person who in the course of trade or business,
- Allowed for VAT Refund or Tax Credit Certificate sells, barters, exchanges, leases goods or properties,
a. Those with zero-rated and effectively zero render services and any person who imports goods
rated sales shall be subject to value added tax (VAT) imposed in
b. Those who would be cancelling their VAT Section 106 to 108 of the tax code
registration.
- The value-added tax is an indirect tax and the amount SECTION 106 Zero Percent (0%) rate VAT
of tax may be shifted or passed to the buyer , - The transfer of ownership of the goods so exported
transferee or lessee of the goods or properties or and paid for in acceptable foreign currency or its
services equivalent in goods or services and accounted for in
- This rule shall likewise apply to existing contracts of accordance with the rules and regulations of the
sale or lease of goods, properties or services at the Bangko Sentral ng Pilipinas (BSP)
time of the effectivity of Republic Act No. 7716
- The phrase “ in the course of business” means the Sale and delivery of goods to:
Registered enterprises within the tourism
regular conduct or pursuit of commercial or an
enterprise zones as declared by the Tourism
economic activity, including transactions incidental
Infrastructure and Enterprise Zone Authority
thereto, by any person regardless of whether or not
(TIEZA) subject to the provisions under Republic
the person engaged therein is a non-stock, non-profit
Act of 2009
organization or government entity
Sale of raw materials or packaging materials to export-
SECTION 106 VALUE ADDED TAX AND THE SALE oriented enterprise whose export sales exceed 70% pf
OF GOODS OR PROPERTIES total annual production (par 4)
The phrase ‘sale or exchange of services’ shall likewise Provided that subparagraphs (B1) and (B5) hereof shall be
include: subject to the twelve percent (12%) value-added tax and
no longer be subject to zero percent (0%) upon
The lease or the use of or the right or privilege to use
satisfaction of the following conditions:
any copyright, patent, design or model, plan, secret
The successful establishment and implementation
formula or process, goodwill, trademark, trade brand
of an enhanced VAT refund system that grants a
or other like property or right;
creditable input tax within ninety (90) days from
The lease or use of, or the right to use any industrial or
the filing of the VAT refund application with the
commercial or scientific equipment;
Bureau
The supply of scientific , technical, industrial or
The successful establishment and implementation
commercial knowledge or information;
of an enhanced VAT refund system that grants a
creditable input tax within ninety (90) days from a. Purchase or importation of goods
the filing of the VAT refund application with the - For sale ; or
Bureau - For conversion into or intended to form part of a
finished product for sale including packaging
An amount equivalent to five percent (5%) of the
materials; or
total value-added tax collection of the BIR and the
- For use as supplies in the course of business; or
BOC from the immediately preceding year shall be
- For use as materials supplied in the sale of service;
automatically appropriated annually and shall be
or
treated as a special account in the General Fund or
- For use in trade or business for which deduction for
as trust receipts for the purpose of funding claims
depreciation or amortization is allowed in this Code
for VAT Refund
b. Purchase of services on which a value added tax
SECTION 109 EXEMPT TRANSACTIONS has been actually paid
- Subject to the provisions of Subsection (2) hereof, the 2) The input tax on domestic purchase or importation of
following transactions shall be exempt from value- goods or properties by a VAT registered person shall
added tax be creditable (As amended by RA 9337)
Sale or importation of agricultural and marine food a. To the purchaser upon consummation of sale and
products in their original state, livestock or yielding or on importation of goods or properties; and
producing foods for human consumption, and b. To the importer upon payment of the value-added
breeding stock and genetic materials therefor tax prior to the release of the goods from the
Products classified under this paragraph shall be custody of the Bureau of Custom (BOC)
considered in their original state even if they have
Exceeds One Million pesos (P 1,000,000)
undergone the simple processes of preparation or
preservation for the market such as freezing, drying, Provided however, that if the estimated useful life of the
salting, broiling, roasting, smoking, or stripping capital good is less than five (5) years, as used for
Polished and/or husked rice, corn grits, raw cane depreciation purposes; then the input VAT shall be spread
sugar and molasses, ordinary salt and copra shall be over such shorter period
considered in their original state
Sale or importation of fertilizers; seeds; seedlings and 3) A VAT registered person who is also engaged in
fingerlings; fish, prawns, livestock and poultry feeds, transactions not subject to the value-added tax shall
including ingredients, whether locally produced or be allowed tax credit as follows :
imported, used in the manufacture of finished feeds a. Total input tax which can be directly
(except specialty feeds for racehorses, fighting cocks, attributed to transactions subject to value-
aquarium fish, zoo animals and other animals added tax, and;
generally considered as pets b. ) A ratable portion of any input tax which
cannot be directly attributed to either activity
Services subject to percentage tax under Title V
The term ‘input tax’ means the value-added tax due from
- Services by agricultural contract growers and milling or paid by a VAT registered person in the course of his
for others of play into rice, corn into grits and sugar trade or business on importation of goods or local
cane into raw suger purchase of goods or services, including lease or use of
- Medical , dental, hospital and veterinary services property from a VAT registered person
except those rendered by professionals
- Educational services rendered by private educational The term ‘output tax’ means the value added tax due on
institutions , duly accredited by the Department of the sale or lease of taxable goods or properties or services
Education (DepED) by any person registered or required to register under
Section 236 of this Code
Residential lot valued at One Million Five Hundred
Thousand pesos (P 1,500,000) and below, house and lot, EXCESS OUTPUT OR INPUT TAX
and other residential dwellings valued at Two Million Five - If at the end of any taxable quarter the output tax
Hundred Thousand pesos (P 2,500,000) and below exceeds the input tax, the excess shall be paid by the
VAT registered person
SECTION 110 TAX CREDITS - If the input tax exceeds the output tax, the excess
shall be carried over the succeeding quarter or
CREDITABLE INPUT TAX quarters;
1) Any input tax evidenced by a VAT invoice or official
receipt issued in accordance with Section 113 hereof DETERMINATION OF CREDITABLE INPUT TAX
on the following transactions shall be creditable - The claim for tax credit referred to in the foregoing
against Output Tax : paragraph shall include not only those filed with
other government agencies such as the Board of Audit, the provisions of the Administration Code of
Investments and the Bureau of Customs 1987 to the contrary notwithstanding;
- - Provided, that refunds under this paragraph shall be
SECTION 111 TRANSITIONAL/PRESUMPTIVE subject to post audit by the Commission on Audit
INPUT TAX CREDITS