Bir Train Vat 20180418
Bir Train Vat 20180418
Bir Train Vat 20180418
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Amendments to Revenue Regulations No. 16-2005
Sections
1. 4.106-5 - Zero Rated Sales of Goods or Properties
2. 4.108-3 - Definitions and Specific Rules on Selected Services
3. 4.108-5 - Zero Rated Sale of Services
4. 4.109-1 - VAT-Exempt Transactions
5. 4.109-2- Exempt Transactions May be Registered for VAT Purposes
6. 4.110-3 - Claims for Input Tax on Depreciable Goods
7. 4.112-1 - Claims for Refund/Credit of Input Tax
8. 4.114-1 - Filing of Return and Payment of VAT
9. 4.114-2 - Withholding of VAT on Government Money Payments
and Payments to Non-Residents
10. 4.116 - Tax on Persons Exempt from Value-added Tax
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5 Shall be subject to the twelve
percent VAT (12%):
(2) The sale of raw materials or packaging materials to a non-
SEC. 4.106-5.
resident buyer for delivery to a resident local export-oriented
Zero Rated enterprise to be used in manufacturing, processing, packing
Sales of or repacking in the Philippines of the said buyer's goods, paid
Goods or for in acceptable foreign currency, and accounted for in
Properties accordance with the rules and regulations of the BSP
(3) The sale of raw materials or packaging materials to an
export-oriented enterprise whose export sales exceed seventy
percent (70%) of total annual production.
(4) Transactions considered export sales under Executive
Order No. 226, otherwise known as the Omnibus Investments
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Code of 1987, and other special laws.
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Conditions for vatability:
1. The successful establishment and implementation of an
SEC. 4.106-5. enhanced VAT refund system that grants and pays
refunds of creditable input tax within ninety (90) days
Zero Rated
from the filing of the VAT refund application with the
Sales of Bureau
Goods or
Properties 2. The Secretary of Finance shall provide transitory rules
for the grant of refund under the enhanced VAT Refund
System after the determination of the fulfilment of the
condition by the Commissioner of Internal Revenue
3. Department of Finance shall establish a VAT refund
center in the BIR and in the Bureau of Customs (BOC)
that will handle the processing and granting of cash
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refunds of creditable input tax
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(4) Services rendered to persons engaged in
international shipping or air transport operations,
SEC. 4.108-5. including leases of property for use thereof:
Zero Rated Provided, that these services shall be exclusively
Sale of for international shipping or air transport
Services operations. Thus, the services referred to herein
shall not pertain to those made to common carriers
by air and sea relative to their transport of
passengers, goods or cargoes from one place in
the Philippines to another place in the Philippines,
the same being subject to twelve percent (12%)
VAT under Sec. 108 of the Tax Code.
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(6) Transport of passengers and cargo by
domestic air or sea vessels from the Philippines
SEC. 4.108-5. to a foreign country. Gross receipts of
Zero Rated international air or shipping carriers doing
Sale of business in the Philippines derived from
Services transport of passengers and cargo from the
Philippines to another country shall be exempt
from VAT; however, they are still liable to a
percentage tax of three percent (3%) based on
their gross receipts derived from transport of
cargo from the Philippines to another country as
provided for in Sec. 118 of the Tax Code; and
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Shall be subject to the twelve
percent (12%):
SEC. 4.108-5. (1) Processing, manufacturing or repacking goods for
Zero Rated other persons doing business outside the Philippines,
Sale of which goods are subsequently exported, where the
Services services are paid for in acceptable foreign currency and
accounted for in accordance with the rules and
regulations of the BSP;
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Conditions for vatability :
1. The successful establishment and implementation of
SEC. 4.108-5. an enhanced VAT refund system that grants and pays
Zero Rated refunds of creditable input tax within ninety (90) days
from the filing of the VAT refund application with the
Sale of
Bureau
Services
2. The Secretary of Finance shall provide transitory rules
for the grant of refund under the enhanced VAT Refund
System after the determination of the fulfilment of the
condition by the Commissioner of Internal Revenue
3. Department of Finance shall establish a VAT refund
center in the BIR and in the Bureau of Customs (BOC)
that will handle the processing and granting of cash
refunds of creditable input tax
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12 Exempt transactions
(d) Importation of professional instruments and implements,
tools of trade, occupation or employment, wearing apparel,
SEC. 4.109-1. domestic animals, and personal and household effects
VAT-Exempt belonging to:
Transactions 1. Persons coming to settle in the Philippines or
2. Filipinos or their families and descendants who are now
residents or citizens of other countries, such parties
hereinafter referred to as overseas Filipinos,
a. In quantities and of the class suitable to the
profession, rank or position of the persons importing
said items;
b. For their own use;
c. Not for barter or sale; and
d. Accompanying such persons, or arriving within a
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13 Exempt transactions
Bureau of Customs may exempt such goods from payment
of duties and taxes subject to:
SEC. 4.109-1.
VAT-Exempt 1. The production of satisfactory evidence that such
Transactions persons are actually coming to settle in the Philippines;
and
SEC. 4.109-1. (1) Sale of real properties not primarily held for
VAT-Exempt sale to customers or held for lease in the
Transactions ordinary course of trade or business
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15 (p) The following sales of real properties are exempt
from VAT, namely:
(3) Sale of real properties utilized for socialized housing as
SEC. 4.109-1. defined under RA No. 7279, and other related laws, such as
VAT-Exempt RA No. 7835 and RA No. 8763, wherein the price ceiling per
Transactions unit is P450,000.00 or as may from time to time be
determined by the HUDCC and the NEDA and other related
laws.
SEC. 4.109-1. 1. sale of real properties not primarily held for sale to
VAT-Exempt customers or held for lease in the ordinary course of
Transactions trade or business
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18 Illustration 1: A lessor rents his 15 residential units
for P14,500 per month. During the taxable year, his
accumulated gross receipts amounted to
SEC. 4.109-1. P2,610,000. He is not subject to VAT since the
VAT-Exempt monthly rent per unit does not exceed P15,000. He
Transactions is also not subject to 3% Percentage Tax.
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22 Illustration 4: A lessor rents his 5
commercial and 10 residential units for
monthly rent of P60,000 and P15,500 per
SEC. 4.109-1.
VAT-Exempt unit, respectively. During the taxable year,
Transactions his accumulated gross receipts
amounting to P5,460,0000 (P3,600,000
from commercial units and P1,860,000
from residential units) shall be subject to
VAT since it exceeded the P3,000,000
threshold and the monthly rent of
residential units is more than P15,000.
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SEC. 4.109-1.
VAT-Exempt
Transactions
(s) Transport of passengers by
international carriers;
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(t) Sale, importation or lease of passenger or
cargo vessels and aircraft, including engine,
SEC. 4.109-1. equipment and spare parts thereof for
VAT-Exempt domestic or international transport
Transactions operations: Provided, however, that the
exemption from VAT on the importation and
local purchase of passenger and/or cargo
vessels shall be subject to the requirements
on restriction on vessel importation and
mandatory vessel retirement program of
Maritime Industry Authority (MARINA);
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SEC. 4.109-1.
VAT-Exempt (x) Transfer of Property pursuant
Transactions
to Section 40(C)(2) of the Tax
Code, as amended;
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SEC. 4.109-1.
VAT-Exempt
Transactions (z) Sale of gold to the Bangko
Sentral ng Pilipinas;
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— A VAT-registered person may, in relation to Sec.
236 (H) of the 1997 Tax Code, as amended, elect
SEC. 4.109- that the exemption in Sec. 4.109-1(B) hereof shall
Exempt not apply to his sales of goods or properties or
Transactions services. Once the election is made, it shall be
May be irrevocable for a period of three (3) years counted
Registered from the quarter when the election was made
for VAT except for franchise grantees of radio and TV
Purposes. broadcasting whose annual gross receipts for the
preceding year do not exceed ten million pesos
(P10,000,000.00) where the option becomes
perpetually irrevocable.
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WPM is a rice dealer . His total annual gross sales and/or receipts
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do not exceed Three Million (P3,000,000.00), allowing him to avail
the following:
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A manufacturer purchased capital goods
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on different occasions as follows:
Month of Amount (Php) 12% Input Tax Useful No. of Last
SEC. 4.110-3. Purchase Life Monthly Month of
Amortiza- Amortiza-
Claims for tion tion
Input Tax on Jan 2018 8,500,000.00 1,020,000.00 6 years 60 December
Depreciable 2022
Goods. Feb 2019 8,500,000.00 1,020.000.00 4 years 48 January
2022
SAMPLE Dec 2021 10,000,000.00 1,200.000.00 5 years 60 November
2026
PROBLEMS
Jan 2022 10,000,000.00 1,200.000.00 5 years - *Outright
claim on
Jan. 2022
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a. For purchase made on January 2018, the amortization shall
be for the shorter period of 5 years only or up to December
2022 although the useful life is 6 years.
SEC. 4.110-3.
Claims for b. For purchase made on February 2018, the amortization
Input Tax on shall be for period of 4 years only or up to January 2022 since
Depreciable the useful life of the asset is shorter than 5 years.
Goods.
c. For purchase made on December 2021, the amortization
shall be for the period of 5 years or up to November 2026.
SAMPLE
PROBLEMS d. For purchase made on January 2022, no amortization shall
be made and the input VAT shall be claimed on the month of
purchase or January 2022.
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38 (b) Cancellation of VAT registration
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(b) Cancellation of VAT registration - Requirements
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41 (d) Period within which refund/credit of input taxes
shall be made
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(d) Period within which refund/credit of input taxes
shall be made
SEC. 4.112-1. In case of full or partial denial of the claim for tax
Claims for refund, the taxpayer affected may, within thirty (30)
Refund/Credit days from the receipt of the decision denying the
of Input Tax claim, appeal the decision with the Court of Tax
Appeals: Provided, however, that failure on the part
of any official, agent, or employee of the BIR to act
on the application within the ninety (90)- day period
shall be punishable under Section 269 of the Tax
Code, as amended.
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Beginning January 1, 2021, the VAT
withholding system under this subsection shall
SEC.4-114-2.
Withholding
shift from final to a creditable system.
of VAT on
Government Payments for purchase of goods and services
Money arising from projects funded by Official
Payments and Development Assistance (ODA) as defined
Payments to under Republic Act No. 8182, Otherwise known
Non- as the “Official Development Assistance Act of
Residents. 1996,” as amended, shall not be subject to the
Final/Creditable Withholding Taxes
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49 Any person whose sales or receipts are exempt under
Section 109 (1) (BB) of the Tax Code from the payment of
value-added tax and who is not a VAT-registered person
SEC.4-116. shall pay a tax equivalent to three percent (3%) of his gross
Tax on quarterly sales or receipts: Provided, however, that the
Persons following shall be exempt from the payment of three
Exempt from percent (3%) percentage tax:
Value-added 1. Cooperatives: and
Tax (VAT)
2. Self-employed individuals and professionals availing of
the 8% tax on gross sales and/or receipts and other non-
operating income, under Sections 24(A)(2)(b) and
24(A)(2)(c)(2)(a) of the Tax Code, as amended..
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A VAT-registered taxpayer who opted to register as
Non-VAT as a result of the implementation of the
SECTION 13. TRAIN Law, shall immediately:
TRANSITORY
PROVISIONS 1. Submit an inventory list of unused invoices
and/or receipts as of the date of filing of
application for update of registration from VAT
to Non-VAT, indicating the number of booklets
and its corresponding serial numbers; and
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A number of unused invoices/receipts, as
determined by the taxpayer with the approval of the
SECTION 13. appropriate BIR Office, may be allowed for use,
TRANSITORY provided the phrase “Non-VAT registered as of
PROVISIONS (date of filing an application for update of
registration). Not valid for claim of input tax.” shall
be stamped on the face of each and every copy
thereof, until new registered non-VAT invoices or
receipts have been received by the taxpayer. Upon
such receipt, the taxpayer shall submit a new
inventory list of, and surrender for cancellation, all
unused previously-stamped invoices/receipts.
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THANK YOU!
and
GOD BLESS US