BSTX Reviewer (Midterm)

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INTRODUCTION TO BUSINESS TAXES Classification of Transfer Taxes

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

National Internal Revenue Taxes (NIRT)  BUSINESS TRANSACTIONS


1. Income tax A business transaction is an economic event with a third
2. Business taxes party that is recorded in an organization's accounting
3. Transfer taxes system. Such a transaction must be measurable in money.
4. Documentary stamp tax

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

BUSINESS TAXES The value-added tax (VAT) is a form of consumption tax


(from 0% to 12% imposed on each
- Business taxes is the tax imposed on the right or
privilege to engage in an onerous transfer of goods or 1. Sale, barter, exchange, or lease of goods, properties,
services in the normal conduct of business. or services in the course of trade or business in the
Philippines and
- Practically, all business taxes are indirect taxes
because the taxable amount of this tax is based on the 2. Importation of goods into the Philippines, whether or
amount of gross sales (sales of goods) or gross not in the course of trade or business
receipts (sale of services). The tax burden could be
VAT involves the following basic principles:
passed on to the buyers.
1. Imposition of VAT. In general, VAT is imposed on
Types of Business Taxes business transactions by a VAT-registered taxpayer, or
The Tax Code commonly classified business taxes as: vatable persons whose annual gross sales or receipts
exceeds P3, 000,000.
a. Value-added tax (VAT) - 12% of gross sales/receipts 2. Treatment of VAT
which is usually passed on to the buyers. a) Standpoint of buyer-is a tax added on the
purchase price of goods or services payable to
b. Other Percentage taxes (OPT) - ranging from 0% to the VAT-registered seller. Called Input tax or
30% of gross sales/receipts. The most common is 3%. Input VAT, treated as Current Asset as advance
The seller may opt to include the tax burden as part of payment of sales tax.
the selling price b) Seller’s perspective-is a tax added on the value of
product or service sold collectible from the
Excise taxes (ET) - various tax rates, if specific, it may start buyer, termed as Output Tax or Output VAT
from P1.00 or if ad valorem from 0% to 60% which is recognized by VAT-registered seller as Current
usually passed on to the buyers Liability to be remitted to the BIR.
3. Tax payable. If the taxpayer-seller is VAT-registered,
TRANSFER TAXES only the excess of output VAT over input VAT is payable
Transfer tax is the tax imposed on one’s right to make to the BIR. The excess of input over output VAT is tax
casual and gratuitous transfer of one’s property to the refundable or creditable
other person
4. Tax burden: VAT is a sales tax designed to be borne by Computation: Given amount X 12% = VA
the consumers, with sellers acting merely as tax  Gross sales per VAT invoice or gross receipts per
collectors VAT invoice
5. Legal liability: The VAT-registered seller is legally liable
for the payment of VAT; however, he can shift the 2. Total VAT sales invoice or VAT purchase invoice
burden of VAT to the buyer. This makes VAT as an
amount
indirect tax
Gross sales per VAT invoice or gross receipts per VAT
Characteristics of vat invoice
a. It is imposed on business transactions a. Sales or receipts, gross of VAT
b. It follows the consumption/destination principle b. Purchases from VAT person, gross of VAT
c. It is an indirect tax, a privilege tax and an ad-valorem c. Sales, inclusive of VAT
tax d. Purchases, inclusive of VAT
d. It is cumulative Computation: Given amount X 12/112= VAT or Given
e. It employs tax credit method and basically a tax on amount/9.333= VAT
gross margin
f. It follows the tax principle of no double taxation Computation of Net VAT pay payable
Output VAT on sales or gross receipts PXX
Objects of vat Less: Input VAT on purchases and service PXXX
a. Sale of goods or properties Creditable VAT withheld XXX XXX
b. Sale of services or lease of properties Net VAT payable (refundable) PXXX
c. Importation
THE INPUT VAT
An Input tax is a value-added tax due from or paid by a
OUTPUT VAT VAT-registered person in the course of his trade or
The Output VAT is the value-added tax on sales of goods or business on local purchases of goods or services, including
services passed on to the buyer whether VAT-registered or lease or use of property from a VAT-registered person.
not. It is collected and to be treated as current tax liability.
Functions of input vat
The output VAT can only be imposed and recognized 1. Tax credit against output VAT
when: 2. Input VAT carry over
1. There is sale (actual or deemed sale) and 3. Tax refund
2. The seller-taxpayer is VAT-registered. 4. Tax credit certificate
Sources and Rates of Input VAT
Rates of output vat 1. Regular 12% VAT on
The output VAT rates that may be applied to sales or a. Purchases of goods/properties or services to other
exchange of goods or services are VAT-registered business;
1. Regular VAT rate of 12% on domestic sales; b. Purchases of goods or services from non-VAT seller
2. Zero percent (0%) VAT on
issuing VAT invoice or receipt;
a. Export sales
c. Purchases of capital goods subject to depreciation,
b. Zero-rated sales
the input VAT of which is subject to amortization
c. Effectively zero-rated sales
(deferred input VAT);
d. Construction in progress; and
Computation of VAT
e. Importation of goods (for business use or for sale
a. VAT exclusive method
locally)
b. VAT inclusive method
2. Zero-rated (0%) on
a. Zero-rated purchases; or
Determination of VAT amount b. Effectively zero-rated purchases
 How to know whether that gross sales or gross 3. Transitional Input VAT rate of 2%
receipts include th12% VAT? 4. Presumptive input VAT rate of 4%
1. The gross sales/receipts DO NOT include VAT, if it is 5. Input VAT on sales to the government
expressed in the following: a. Final withholding VAT of 5% on sales of goods or
a. Sales or gross receipts services to government; and
b. Sales or gross receipts before VAT b. Standard input VAT of 7% allowed on sales of
c. Purchases from VAT person, before VAT goods or services to the government.
d. Sales, net of VAT
e. Sales or purchases from VAT person, exclusive of Input VAT on Depreciable Capital Goods
VAT
a. Input VAT deductible in full amount
b. Input VAT subject to amortization (Deferred Input Not allowed for VAT Refund or Tax Credit Certificates
VAT) (TCC)
a. Presumptive Input VAT
Input VAT on importation b. Transitional Input VAT
All importation of goods in t the Philippines are subject to c. Actual input VAT on capital goods, importation, or
VAT, whether or not intended for business, except those purchases of continuing VAT-registered persons to
mentioned under Section 109 of NIRC the extent of their sales not subject to zero-rated,
effectively zero-rated or business cancelling their
Computation of Duties and Taxes for Imported Goods VAT registration.
Basic formula:
  PERIOD OF VAT REFUND OR TCC
Custom Duty (CD) PXXX (Dutiable - A VAT-registered person may apply for input VAT
(custom) value in foreign currency X Forex refund or issuance of TCC within two (2) years after
VAT XXX the close of the taxable quarter when the sales were
Import Processing fee (IPF) XXX made.
Excise Tax (ET), if applicable XXX - The commissioner shall grant a refund within 120
Total duties and taxes PXXX days from the date of submission of complete
documents to support the application of VAT refund or
TRANSITIONAL INPUT VAT TCC.

- 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)

Those considered export sales under Executive Order No


226 , otherwise known as the Omnibus Investment Code of
(A) Rate and Base of Tax 1987 and other special laws; and (par. 5)
There shall be levied, assessed and collected on every sale, - Provided , that subparagraphs 3, 4 and 5 hereof shall
barter or exchange of goods or properties, a value-added be subject to 12% value-added tax and no longer be
tax equivalent to 12% of the gross selling price or gross considered export sales subject to 0% VAT rate upon
value in money of the goods or properties sold, bartered or satisfaction of the following conditions:
exchanged , such tax to be paid by the seller or transferor  The successful establishment and implementation
 1. The term “goods or properties” shall mean all of an enhanced VAT refund system that grants the
tangible and intangible objects which are capable of refunds of creditable input tax within 90 days
pecuniary estimation and shall include : from the filing of the VAT refund application with
the BIR
a. Real properties held primarily for sale to customers
or held for lease in the ordinary course of trade or  SECTION 106 Transactions Deemed Sale
business
b. The right or the privilege to use patent, copyright, The following transactions shall be deemed sale:
design or model, plan secret formula or process,  Transfer or use or consumption not in the course
goodwill, trademark, trade brand or other like of business of goods or properties originally
property or right intended for sale or for use in the course of
c. The right or the privilege to use in the Philippines business;
of any industrial, commercial or scientific  Distribution or transfer to :
equipment  Shareholders or investors as share in the profits of
d. The right or the privilege to use motion picture the VAT-registered persons; or
films, tapes and discs; and Radio, television,  The following transactions shall be deemed sale:
satellite transmission and cable television time  Creditors in payment of debt;
The term “gross selling price” means the total amount of - Consignment of goods if actual sale is not made within
money or its equivalent which the purchases pays or is 60 days following the date of such goods were
obligated to pay to the seller in consideration of the sale , consigned; and
barter or exchange of the goods or properties excluding - Retirement from a cessation of business with respect
the value-added tax to inventories of taxable goods existing as of such
retirement or cessation
 2. The following sales by a VAT-registered persons
shall be subject to zero percent (0%) rate :  SECTION 107 VALUE ADDED TAX ON
IMPORTATION OF GOODS
a. Export Sales – the term “export sales” means In general
b. The sale and actual shipment of goods from the - From custom custody
Philippines to a foreign country , irrespective of any - Provided, that where the custom duties are
shipping arrangement that may agree upon which may
determined on the basis of the quantity or volume of
influence or determine
the goods, the value added tax shall be based on the  The supply of services by a nonresident person or his
landed cost plus excise taxes, if any employee in connection with the use of property or
rights
Rate and Base of Tax
 Machinery or other apparatus purchased from
- There shall be levied, assessed and collected on every
nonresident person;
importation of goods a value-added tax equivalent to
twelve percent (12%) based on the total value used by  SECTION 108 GROSS RECEIPTS
the Bureau of Customs in determining tariff and - Means the total amount of money or its equivalent
custom duties, plus custom duties, excise taxes if any
representing the contract price, compensation, service
and other charges , such tax to be paid by the importer
fee, rental or royalty,
prior to the release of such goods
 From custom custody
- Provided, that where the custom duties are TRANSACTIONS SUBJECT TO “ZERO PERCENT (0%)
determined on the basis of the quantity or volume of RATE
the goods, the value added tax shall be based on the The following services performed in the Philippines by
landed cost plus excise taxes, if any VAT registered persons shall be subject to zero percent
(0%) rate:
Transfer of Goods by Tax-Exempt Persons 1) Processing, manufacturing or repacking goods for
- On such importation other persons doing business outside the
- The tax due on such importation shall constitute a lien Philippines which goods are subsequently
on the goods superior to all charges or liens on the exported
goods , irrespective of the possessor thereof 2) Services other than those mentioned in the
preceding paragraph, rendered to a person
 SECTION 108 VALUE-ADDED TAX ON SALE OF engaged in business conducted outside the
SERVICES AND USE OF LEASE OF PROPERTIES Philippines or to a nonresident person
(A) Rate and Base of Tax 3) Not engaged in business who is outside of the
- There shall be levied, assessed and collected, a value- Philippines when the services are performed, the
added tax equivalent to twelve percent (12%) of gross consideration of which is paid for in acceptable
receipts derived from the sale of exchange of services, currency and accounted for in
including the use or lease of properties 4) Services rendered to person or entities whose
- The phrase ‘sale or exchange of services’ means the exemption under special laws or international
performance of all kinds of services in the Philippines agreements
for others for a fee, including those performed or 5) Services performed by subcontractors and/or
rendered by construction and service contractors; contractors in processing, converting or
Stock, real estate, commercial, customs and immigration manufacturing goods for an enterprise whose
brokers, lessors of property, whether personal or real; export sales exceed seventy percent (70%) of total
Processing, manufacturing or repacking goods for others; annual production
proprietors, operators or keepers of hotels, motels Services rendered to:
Lending investors, transportation contractors on their  Registered enterprises within a separate customs
transport of goods or cargoes for hire and other domestic territory as provided under special law; and
common carriers by land  Registered enterprises within tourism enterprise
Transmission by any entity’ and distribution companies, zones as declared by the TIEZA subject to the
including electric cooperatives, services of franchise provisions under
grantees of electric utilities, telephone and telegraph  Republic Act No. 9593 or the Tourism Act of 2009

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

(A) TRANSITIONAL INPUT TAX CREDITS


- A person who becomes liable to value-added tax or
any person who elects to be a VAT-registered
person shall subject to the filing of any inventory
according to the rules and regulations prescribed by
the Secretary of Finance upon recommendation of
the Commissioner be allowed input tax on his
beginning inventory of goods, materials and
supplies
(B) PRESUMPTIVE INPUT TAX CREDITS
- As used in this Subsection, the term ‘processing’
shall mean pasteurization, canning and activities
which through physical or chemical process alter the
exterior texture or form

 SECTION 112 REFUNDS OR TAX CREDITS OF


INPUT TAX

(A) ZERO-RATED OR EFFECTIVELY ZERO-RATED


SALES
- A VAT registered person whose sales are zero-rated
or effectively zero-rated may , within two (2) years
after the close of the taxable quarter when the sales
are made apply for the issuance of aa tax credit
certificate or refund of creditable input tax due or
paid attributable to such sales,
(B) CANCELLATION OF VAT REGISTRATION
- A person whose registration has been cancelled due
to retirement from or cessation of status of business,
or due to changes in or cessation of status under
Section 106(C ) of this code, may within two (2)
years from the date of cancellation apply for the
issuance of tax credit certificate for any input tax
which may be used in payment of his other internal
revenue taxes
(C) PERIOD WITHIN WHICH REFUND OR TAX CREDIT
OF INPUT TAXES SHALL BE MADE
- In proper cases, the Commissioner shall grant a
refund for creditable input takes within ninety (90)
days from the date of submission of the official
receipts or invoices and other documents in support
of the application filed

1) Manner of Giving Refunds


- Refunds shall be made upon warrants drawn by the
Commissioner or by his duly authorized
representative without the necessity of being
countersigned by the Chairman, Commission on

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