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What is Business?

Business OR in the course of trade or


business means. . .
the regular conduct or pursuit of a commercial or
economic
activity,
including
transactions
incidental thereto, by any person or
government entity

Business taxes are excise taxes imposed on


onerous transfers of goods, property or services
done in the normal course of business.
These are sometimes referred to as transaction
taxes.
These are also taxes on production/importation
of sin products.

Requisites of business to be subjected to


business tax:
1. The activity should be a commercial or economic
activity, but with exceptions like:
(not an economic activity, but there is a business tax)
A commercial or economic activity is
an activity where the purpose is
PROFIT or INCOME.

atty. cleo d. sabado-andrada, cpa, mba

Requisites of business to be subjected to


business tax:
1. The activity should be a commercial or economic
activity, but with exceptions like:
(not an economic activity,
but there is a business tax)
A. An importation of goods for personal use is subject to
the value-added-tax. VAT is a business tax.
B. An overseas communication, even if not related to
business, is subject to the percentage tax called
Overseas Communications Tax. Percentage tax
is a business tax.
atty. cleo d. sabado-andrada, cpa, mba

Requisites of business to be subjected to


business tax:
2. There should be regularity in the activity, but
with exceptions like:
(not a regular activity, but there is business tax)

A regular activity is an activity involving


more than one isolated transaction. It
requires repetition and continuity of
action.
atty. cleo d. sabado-andrada, cpa, mba

Requisites of business to be subjected to


business tax:
2. There should be regularity in the activity, but
with exceptions like:
(not a regular activity,
but there is business tax)
A. Services rendered in the Philippines by nonresident foreign persons shall be
considered as
being rendered in the course of trade or business;
B. Isolated transactions may be subjected to VAT or
percentage tax.

THREE (3) MAJOR BUSINESS TAXES


IN THE NATIONAL INTERNAL REVENUE CODE

Value-Added Tax
Percentage Tax or
General Consumption Tax
Excise Tax
atty. cleo d. sabado-andrada, cpa, mba

Excise tax is on the production or


importation of sin products,
while
Value Added Tax (VAT) and/or
Other Percentage Taxes (OPT) are
on the transfer of goods or
services in the conduct of
business.

A value-added tax is an indirect tax


imposed on the gross selling price or
gross receipt derived from sale,
barter or exchange of goods, properties
and services, or the lease of goods and
properties in the course of trade or
business, and on importations
(Sec. 105 to 108).

BAR QUESTION/S

State whether the following transactions are:


a.VAT Exempt
b.VAT at 10% (now 12%)
c.Subject to VAT at 0%?

1998 BAR Exam


atty. cleo d. sabado-andrada, cpa, mba

BAR QUESTION/S
State whether the following transactions are: a) VAT Exempt ; b) VAT at
10%; (now 12%) c) Subject to VAT at 0%?

1.Sale of fresh vegetables by Aling Ining at the Pamilihang


Bayan ng Trece Martirez.
2.Services rendered by Jakes Construction Company, a
contractor to the World Health Organization in the renovation
of its offices in Manila.
3.Sale of tractors and other agricultural implements by
Bungkal Incorporated to local farmers.
4.Sale of RTW by Celys Boutique, a Filipino Dress designer,
in her dress shop and other outlets.
5.Fees for lodging paid by students to Bahay-Bahayan
Dormitory, a private entity operating a student dormitory
(monhtly fee P1,500)
1998 BAR Exam

BUSINESSES THAT ARE EXEMPTED


FROM VAT OR PERCENTAGE TAXES
(regardless of annual gross sales or
receipts)
As provided for by Section 109 of the NIRC
A. Sale or importation of AGRICULTURAL and MARINE
FOOD products in their ORIGINAL STATE, livestock and
poultry of a kind generally used as, or yielding or
producing foods for human consumption; and breeding
stock and genetic materials therefore;
Products classified under this paragraph shall be considered in their
original state even if they have undergone the simple processes or
preparation or preservation for the market, such as freezing, drying,
salting, broiling, roasting, smoking or stripping. Polished and/or husked
rice, corn grits, raw cane sugar and molasses, and ordinary salt and
copra shall be considered in their original state.

atty. cleo d. sabado-andrada, cpa, mba

BUSINESSES THAT ARE EXEMPTED


FROM VAT OR PERCENTAGE TAXES
(regardless of annual gross sales or
receipts)
As provided for by Section 109 of the NIRC
B. Sale or importation of fertilizers, seeds, seedlings
and fingerlings, fish, prawn, livestock and poultry
feeds, including ingredients, whether locally
produced or imported, used in the manufacture of
finished feeds, except: specialty feeds for race
horses, fighting cocks, aquarium fish, zoo animals
and other animals generally considered as pets.

atty. cleo d. sabado-andrada, cpa, mba

BUSINESSES THAT ARE EXEMPTED


FROM VAT OR PERCENTAGE TAXES
(regardless of annual gross sales or
receipts)
As provided for by Section 109 of the NIRC
C. Importation of personal and household effects
belonging to the residents of the Philippines returning
from abroad and non resident citizens coming to
resettle in the Philippines; provided that such goods
are exempt from customs duties under the Tariff and
Customs Code of the Philippines;

atty. cleo d. sabado-andrada, cpa, mba

BUSINESSES THAT ARE EXEMPTED


FROM VAT OR PERCENTAGE TAXES
(regardless of annual gross sales or
receipts)
As provided for by Section 109 of the NIRC

D. Importation of professional instruments and implements,


wearing apparel, domestic animals, and personal household
effects (except any vehicle, vessel, aircraft, machinery, other
goods for use in the manufacture and merchandise of any kind
of commercial quantity) belonging to persons coming to settle in
the Philippines, for their own use and not for sale, barter,
exchange, accompanying such persons, or arriving within ninety
(90) days before or after their arrival, upon production of
evidence of satisfactory to the Commissioner, that such persons
are actually coming to settle in the Philippines, and that the
change of residence is bona fide.

atty. cleo d. sabado-andrada, cpa, mba

BUSINESSES THAT ARE EXEMPTED


FROM VAT OR PERCENTAGE TAXES
(regardless of annual gross sales or
receipts)
As provided for by Section 109 of the NIRC
E. Services subject to percentage tax.
F. Services by agricultural contract growers and
milling for others of palay into rice, corn into grits
and sugar cane into sugar.

atty. cleo d. sabado-andrada, cpa, mba

BUSINESSES THAT ARE EXEMPTED


FROM VAT OR PERCENTAGE TAXES
(regardless of annual gross sales or
receipts)
As provided for by Section 109 of the NIRC
G. Medical, dental, hospital and veterinary services,
except those rendered by professionals;
H. Educational services rendered by private
educational institutions, duly accredited by the
DepEd, CHED, TESDA and those rendered by
government educational institutions;
atty. cleo d. sabado-andrada, cpa, mba

BUSINESSES THAT ARE EXEMPTED


FROM VAT OR PERCENTAGE TAXES
(regardless of annual gross sales or
receipts)
As provided for by Section 109 of the NIRC
I. Services rendered by individuals pursuant to an
employer-employee relationship;
J. Services rendered by regional or area headquarters
established in the Philippines by multinational
corporations
which
act
as
supervisory,
communications and coordinating centers for their
affiliates, subsidiaries or branches in the Asia-Pacific
Region and do not earn or derive income from the
Philippines;

BUSINESSES THAT ARE EXEMPTED


FROM VAT OR PERCENTAGE TAXES
(regardless of annual gross sales or
receipts)
As provided for by Section 109 of the NIRC
K. Transactions which are exempt under international
agreements to which the Philippines is a signatory or
under special laws, except those under Presidential
Decree No. 529;

atty. cleo d. sabado-andrada, cpa, mba

BUSINESSES THAT ARE EXEMPTED


FROM VAT OR PERCENTAGE TAXES
(regardless of annual gross sales or
receipts)
As provided for by Section 109 of the NIRC
L. Sales by agricultural cooperatives duly registered with
the Cooperative Development Authority to their
members as well as sale of their products, whether in its
original state or processed form, to non members; their
importation of direct farm inputs, machineries and
equipment, including spare parts thereof, to be used
directly and exclusively
in the production and/or
processing of their produce;
atty. cleo d. sabado-andrada, cpa, mba

BUSINESSES THAT ARE EXEMPTED


FROM VAT OR PERCENTAGE TAXES
(regardless of annual gross sales or
receipts)
As provided for by Section 109 of the NIRC
M. Gross receipts from lending activities by credit
or multi-purpose cooperatives duly registered with
the Cooperative Development Authority whose
lending operation is limited to their members;

atty. cleo d. sabado-andrada, cpa, mba

BUSINESSES THAT ARE EXEMPTED


FROM VAT OR PERCENTAGE TAXES
(regardless of annual gross sales or
receipts)
As provided for by Section 109 of the NIRC
N. Sales of non-agricultural non electric and non-credit
cooperatives duly registered with the Cooperative
Development Authority: Provided, that the share
capital contribution of each member does not exceed
P15,000 and regardless of the aggregate capital and
net surplus ratably distributed among the members;
Export sales by persons who are not VAT registered;

BUSINESSES THAT ARE EXEMPTED


FROM VAT OR PERCENTAGE TAXES
(regardless of annual gross sales or
receipts)
As provided for by Section 109 of the NIRC
O. Export sales by persons who are not VAT registered;
P. Sale of real property not primarily held for sale to
customers or held for lease in the ordinary course of
trade or business or real property utilized for low-cost
and socialized housing as defined by R.A. 7279,
otherwise known as the Urban Development and
Housing Act of 1992, and other related laws, residential
lot valued at P 1,919,500.00 and below, house and lot and
other residential dwellings valued at P3,199,200.00

REVENUE REGULATION NO. 3-2012


dated February 20, 2012.

EFFECTIVITY OF TRESHOLD
AMOUNTS FOR SALE OF
RESIDENTIAL LOT, SALE OF HOUSE
AND LOT, LEASE OF RESIDENTIAL
UNIT AND SALE OR LEASE OF GOODS
OR PROPERTIES OR PERFORMANCE
OF SERVICES COVERED BY SECTION
109 (p), (q) and (v) of the Tax code of
1997, as amended.
EFFECTIVITY: JANUARY 1, 2012

BUSINESSES THAT ARE EXEMPTED


FROM VAT OR PERCENTAGE TAXES
(regardless of annual gross sales or
receipts)
A s provided for by Section 109 of the NIRC
Q. Lease of residential unit with a monthly rental not
exceeding P12,800
R. Sale, importation, printing or publication of books
and any newspaper, magazine, review or bulletin which
appears at regular intervals with fixed prices for
subscription and sale and which is not devoted
principally to the publication of paid advertisements;
atty. cleo d. sabado-andrada, cpa, mba

BUSINESSES THAT ARE EXEMPTED


FROM VAT OR PERCENTAGE TAXES
(regardless of annual gross sales or
receipts)
As provided for by Section 109 of the NIRC
S. Sale, importation or lease of passenger or cargo
vessels and aircraft, including engine, equipment and
spare parts thereof for domestic or international
transport operations;
T. Importation of fuel, goods and supplies by persons
engaged in international shipping or air transport
operations;

BUSINESSES THAT ARE EXEMPTED


FROM VAT OR PERCENTAGE TAXES
(regardless of annual gross sales or
receipts)
As provided for by Section 109 of the NIRC
U. Services of banks, non bank financial intermediaries
performing quasi-judicial functions, and other non-bank
financial intermediaries;

BUSINESSES THAT ARE EXEMPTED


FROM VAT OR PERCENTAGE TAXES
(regardless of annual gross sales or
receipts)
As provided for by Section 109 of the NIRC
V. Sale or lease of goods or properties or the
performance of services other than the transactions in
the preceding paragraphs, the gross annual sales and/or
receipts do not exceed the amount of P1,919,500.00(EXEMPT from VAT but subject to 3% percentage
tax.)

Not later than January 31, 2009 and every three (3) years
after, the amount of P1,500,000.00 shall be adjusted o its
present value using the Consumer Price Index as published
by the National Statistics Office.
atty. cleo d. sabado-andrada, cpa, mba

REVENUE REGULATION NO. 3-2012


dated February 20, 2012.

EFFECTIVITY OF TRESHOLD
AMOUNTS FOR SALE OF
RESIDENTIAL LOT, SALE OF HOUSE
AND LOT, LEASE OF RESIDENTIAL
UNIT AND SALE OR LEASE OF GOODS
OR PROPERTIES OR PERFORMANCE
OF SERVICES COVERED BY SECTION
109 (p), (q) and (v) of the Tax code of
1997, as amended.
EFFECTIVITY: JANUARY 1, 2012

Using the Consumer Price Index as published by the


NSO, the threshold amounts has been adjusted as
follows :
Amount
in TRESHOLD
ADJUSTED
Pesos
(2005)
Sale of Residential Lot

1,500,000 1,919,500

Sale
of Residential House
and Lot
Lease of Residential Unit

2,500,000 3,199,200

Sale
or Lease
of Goods or
Properties
or
Performance
of
Services
(VAT
Threshold)

1,500,000 1,919,500

10,000

12,800

BAR QUESTION/S

State whether the following transactions are:


a.VAT Exempt
b.VAT at 10% (now 12%)
c.Subject to VAT at 0%?

1998 BAR Exam


atty. cleo d. sabado-andrada, cpa, mba

BAR QUESTION/S
State whether the following transactions are: a) VAT Exempt ; b) VAT at
10% (now 12%) ; c) Subject to VAT at 0%?

1.Sale of fresh vegetables by Aling Ining at the Pamilihang


Bayan ng Trece Martirez.
2.Services rendered by Jakes Construction Company, a
contractor to the World Health Organization in the renovation
of its offices in Manila.
3.Sale of tractors and other agricultural implements by
Bungkal Incorporated to local farmers.
4.Sale of RTW by Celys Boutique, a Filipino Dress designer,
in her dress shop and other outlets.
5.Fees for lodging paid by students to Bahay-Bahayan
Dormitory, a private entity operating a student dormitory
(monhtly fee P1,500)
1998 BAR Exam

RULES IN BUSINESS TAXES

NOT expressly mentioned in


letter A to U of Section 109 of NIRC which have
Businesses

gross sales not exceeding One Million Five Hundred


Thousand Pesos (P1,919,500.00) shall be:
-

exempt from the value added tax, BUT. . . . . .


subject to the 3% percentage tax, EXCEPT if:
i.
a different percentage tax applies
ii.
taxpayer opted to be a value-added
tax payer.

atty. cleo d. sabado-andrada, cpa, mba

RULES IN BUSINESS TAXES


Manufacturers or importers who are subject to
the excise taxes also pays either:
Value Added tax; or
The 3% percentage tax
( if the sales did not exceed P1,919,500.00)

atty. cleo d. sabado-andrada, cpa, mba

RULES IN BUSINESS TAXES


Excise Taxes are imposed on:
1. Manufacturers or
2. Importers of any of the following categories of
goods or articles:
-Distilled spirits
-Wines
-Fermented liquors
-Tobacco products
-Cigars

- Automobiles
- Manufactured fuel oils
- Mineral Products
- Non-essential goods
- Cigarettes

atty. cleo d. sabado-andrada, cpa, mba

THREE (3) MAJOR BUSINESS TAXES


IN THE NATIONAL INTERNAL REVENUE CODE

Value-Added Tax
Percentage Tax or
General Consumption Tax
Excise Tax
atty. cleo d. sabado-andrada, cpa, mba

A value-added tax is an indirect tax


imposed on the gross selling price
or gross receipt derived from sale,
barter
or
exchange
of
goods,
properties and services, or the lease of
goods and properties in the course of
trade or business, and on importations
(Sec. 105 to 108).

BAR QUESTION/S

What are the characteristics of the Value Added Tax?

1996 BAR Exam

NATURE AND CHARACTERISTICS


OF THE VALUE ADDED TAX

1.Value added tax is a tax on consumption

2. Levied on the sale, barter exchange or lease


of goods or properties and services in the
Philippines and the importation of goods
into the
Philippines.
3. Seller is the one statutorily liable for the
payment of tax, but the amount of tax
may be
shifted or passed on to the buyer, transferee or lessee
of the goods or
properties or services.
atty. cleo d. sabado-andrada, cpa, mba

Implementing
the
Tax
Privileges
Provisions
of
Republic Act No. 9994,
Otherwise Know as the
Expanded Senior Citizens
Act
of
2010,
and
Prescribing the Guidelines
for the Availment Thereof
atty. cleo d. sabado-andrada, cpa, mba

privileges granted to VAT-registered


taxpayers selling goods and services
identified in the Act to Senior Citizens;
2)The
tax
privileges
granted
to
establishments giving discount on their
sale of goods and services to Senior
Citizens;
3)The tax implication of taking care and
supporting senior citizens by their
benefactors; and
4)The tax privileges granted to private
entities who engage Senior Citizens as
their employees.
atty. cleo d. sabado-andrada, cpa, mba

Will not extend to


20% final withholding tax on interest income
7.5% final withholding tax on interest income
Final withholding tax-Long Term Investments
Four

years to less than five years 5%


Three years to less than four years 12%; and
Less than three years 20%

Capital gains tax


6% final withholding tax

atty. cleo d. sabado-andrada, cpa, mba

Availment of Income Tax Exemption of


Senior Citizens.
A Senior who is a minimum wage
earner, or whose taxable income during
the year does not exceed his personal
exemptions, will be exempt from income
tax upon compliance.

atty. cleo d. sabado-andrada, cpa, mba

entitled to claim the basic personal exemption


of fifty thousand pesos (P50,000.00)
Will not entitle (P25,000.00)
Additional Deduction from Gross Income
of
Private
Establishments
for
Compensation Paid to Senior Citizens
Private establishments employing Senior
Citizens shall be entitled to additional
deduction from their gross income equivalent
to fifteen percent (15%) of the total amount
paid as salaries and wages to Senior Citizens
subject to the provisions.
atty. cleo d. sabado-andrada, cpa, mba

Circularizing Sections 4 and 5 of


Republic Act No. 9994, An Act
Granting Additional Benefits and
Privileges to Senior Citizens,
Further Amending Republic Act
No. 7432, as amended, otherwise
known as An Act to Maximize the
Contribution of Senior Citizens to
Nation Building, Grant Benefits
and Special Privileges and For
Other Purposes
atty. cleo d. sabado-andrada, cpa, mba

The senior citizens shall be entitled


to the following:
(a) The grant of twenty percent
(20%) discount and exemption
from the value-added tax (VAT), if
applicable, on the sale of the
following goods and services from
all
establishments,
for
the
exclusive used and enjoyment or
availment of the senior citizens
atty. cleo d. sabado-andrada, cpa, mba

(1)

on the purchase of medicines,


including the purchase of influenza
and pnuemococcal vaccines, and
such
other
essential
medical
supplies, accessories and equipment
to be determined by the Department
of Health (DOH)

atty. cleo d. sabado-andrada, cpa, mba

(2)

on the professional fees of attending


physician/s in all private hospitals,
medical facilities, outpatient clinics
and home health care services;

(3)

on the professional fees of licensed


professional health providing home
health care services as endorsed by
private
hospitals
or
employed
through
home
health
care
employment agencies;

atty. cleo d. sabado-andrada, cpa, mba

(2) on

medical and dental services,


diagnostic and laboratory fees in
all private hospitals, medical
facilities, outpatient clinics, and
home health care services;

in actual fare for land transportation


travel in public utility buses (PUBs),
public utility jeepneys (PUJs), taxis,
Asian utility vehicles (AUVs), shuttle
services
and
public
railways,
including Light Rail Transit (LRT),
Mass
Rail
Transit
(MRT),
and
Philippine National Railways (PNR);
(6) in
actual transportation fare for
domestic air transport services and
sea shipping vessels and the like,
based on the actual fare and
advanced booking;
(5)

(5) On

the utilization of services in


hotels
and
similar
lodging
establishments, restaurants and
recreation centers;

(6) On

admission fees charged by


theaters, cinema houses and
concert halls, concert halls,
leisure and amusement; and

atty. cleo d. sabado-andrada, cpa, mba

(9)

on funeral and burial services for the


death of senior citizens;

(b)

exemption from the payment of


individual income taxes of senior
citizens who are considered to be
minimum
wage
earners
in
accordance with Republic Act No.
9504;

(c)

the grant of a minimum of five percent


(5%) discount relative to the monthly
utilization of water and electricity supplied
by the public utilities: Provided, That the
individual meters for the foregoing utilities
are registered in the name of the senior
citizen residing therein: Provided, further,
That the monthly consumption does not
exceed one hundred kilowatt hours (100
kWh) of electricity and thirty cubic meters
(30m3) of water: That the privilege is
granted per household regardless of the
number of senior citizens residing therein.

BAR QUESTION/S

Who are liable for the payment of Value-Added Tax?

1996 BAR Exam


atty. cleo d. sabado-andrada, cpa, mba

Who are subject to the value-added


tax?
Any person who:
A. sells, barters or exchanges goods or
properties in the course of trade or business; or
B. sells services in the course of trade or
business; or
C. imports goods, whether or not in the course of
trade or business
atty. cleo d. sabado-andrada, cpa, mba

Registration of Business
Every taxpayer subject to the Value Added Tax
must register with the Bureau of Internal Revenue as a
VAT taxpayer.
Pay the Annual registration fee of P 500.00 for
every separate and distinct establishment, including
facility types (sales outlet, places of production,
warehouses and storage places) where the business is
conducted.
For VAT exempt persons, they must also
register as a non-VAT taxpayers.
atty. cleo d. sabado-andrada, cpa, mba

Registration for Value Added Tax

MANDATORY REGISTRATION
Section 236 (G)

OPTIONAL REGISTRATION
Section 236 (H)

atty. cleo d. sabado-andrada, cpa, mba

Registration for Value Added Tax

MANDATORY REGISTRATION
When the business gross sales or receipts for
the past 12 months, other than those exempt
under Section 109 of NIRC letter A to U,
HAVE EXCEEDED P 1,500,000.00.
When there are reasonable grounds to believe
that his gross sales or receipts for the next 12
months will exceed P 1,500,000.00.
atty. cleo d. sabado-andrada, cpa, mba

Registration for Value Added Tax

OPTIONAL REGISTRATION
Any person who is not required to
register as a VAT taxpayer because
his sales in a 12 month period do not,
shall not exceed
P1,919,500,00, may register for the
Value Added Tax.

atty. cleo d. sabado-andrada, cpa, mba

Invoices and Receipts


A taxpayer who is in business should have
his invoices and receipts registered with the
BIR.
If the taxpayer is a VAT taxpayer, the
invoices and receipts shall clearly show that
he is a VAT taxpayer.

atty. cleo d. sabado-andrada, cpa, mba

Any person intending to engage in


business shall determine whether he has
to register his business as VAT or nonVAT.
His registration for VAT business
becomes
compulsory
when
his
expected annual gross sales or
receipts exceed P1,919,500,000.
(R.A. 9337 and RR No. 3-2012)

A VAT-registered business is subject to


12% business tax while a non-VAT
business is generally subject to 3%
business tax on gross receipts/sales.

But.
Persons
whose
taxable
transactions do not exceed
P1,919,500, per year may
register as non-VAT person
or
may elect under certain conditions
to register as VAT-registered
person,
which
shall
be
irrevocable for 3 years. (R. A.
9337)

BAR QUESTION/S

What is the basis of the Value-Added Tax on taxable


sales of real property?

1996 BAR Exam

BAR QUESTION/S

State whether the following transactions are:


a.VAT Exempt
b.VAT at 10% (now 12%)
c.Subject to VAT at 0%?

1998 BAR Exam

BAR QUESTION/S
State whether the following transactions are: a) VAT Exempt ; b) VAT at
10% (now 12%) ; c) Subject to VAT at 0%?

1.Sale of fresh vegetables by Aling Ining at the Pamilihang


Bayan ng Trece Martirez.
2.Services rendered by Jakes Construction Company, a
contractor to the World Health Organization in the renovation
of its offices in Manila.
3.Sale of tractors and other agricultural implements by
Bungkal Incorporated to local farmers.
4.Sale of RTW by Celys Boutique, a Filipino Dress designer,
in her dress shop and other outlets.
5.Fees for lodging paid by students to Bahay-Bahayan
Dormitory, a private entity operating a student dormitory
(monhtly fee P1,500)
1998 BAR Exam

VALUE-ADDED TAX ON SALE OF

GOODS and PROPERTIES


Section 106(1)[a to e]

TAX
BASE

GROSS SELLING PRICE

Section 106(1)[par. 2]

atty. cleo d. sabado-andrada, cpa, mba

VALUE-ADDED TAX ON SALE OF


GOODS and PROPERTIES

TAX
RATES
A. Twelve percent (12%)
of the gross selling
price;

atty. cleo d. sabado-andrada, cpa, mba

VALUE-ADDED TAX ON SALE OF


GOODS and PROPERTIES

TAX
RATES
B. Zero percent (0%) of the gross
selling price if:
a. Export Sale

(Section 106[2]{a})

atty. cleo d. sabado-andrada, cpa, mba

VALUE-ADDED TAX ON SALE OF


GOODS and PROPERTIES

TAX
RATES

B. Zero percent (0%) of the gross


selling price if:
b. Foreign Currency Denominated
Sale (Section 106[2]{b})
sale to non residents of goods (except automobiles and
non essential goods subject to excise taxes) assembled
and manufactured in the Philippines, for delivery to residents
in the Philippines, and paid in acceptable foreign currency
and accounted for in accordance with the rules and
regulations of the BSP.

VALUE-ADDED TAX ON SALE OF


GOODS and PROPETIES

TAX
RATES

B. Zero percent (0%) of the gross


selling
price if:
c. Sales to persons or entities whose
exemption under special laws or international
agreements to which the Philippines is a
signatory effectively subjects to zero rate.
(Section 106[2]{c})
Sale to SBMA and Clark Development , IRRI and ADB.
atty. cleo d. sabado-andrada, cpa, mba

VALUE-ADDED TAX ON SALE OF


GOODS and PROPETIES

TAX
RATES

TAX
BASE
GROSS SELLING
PRICE

12% OR 0%

VAT Output/Output Tax


Section 110 (A)[3]{b, 3rd paragraph)
atty. cleo d. sabado-andrada, cpa, mba

Output tax (Output VAT) is the valueadded tax due on the sale or lease of
taxable goods or properties or services
by any registered person or any
person required to register under
Sec. 236.
The amount is reduced by input tax (if any)
to arrive at the net VAT payable.
If there is no creditable input tax, the
entire amount of the output tax becomes
the VAT payable.

BAR QUESTION/S

Under the Value-Added Tax (VAT), the tax is


imposed on sales, barter, or exchange of goods and
services. The VAT is also imposed on certain
transactions deemed sales. What are these socalled transactions deemed sales?

1997 BAR Exam

VALUE-ADDED TAX ON SALE OF


GOODS and PROPETIES

TRANSACTIONS DEEMED SLE


1. Consumption of Inventory
Goods originally intended for sale, but used
or consumed for personal use by the
taxpayer is considered deemed sales.
(Sec. 106 B (1), NIRC)
atty. cleo d. sabado-andrada, cpa, mba

VALUE-ADDED TAX ON SALE OF


GOODS and PROPETIES

TRANSACTIONS DEEMED SLE


2. Distribution to Stockholders
Transfer of inventory to shareholders as
share in the profits of a VAT-registered
person is considered as transactions
deemed sale.
(Sec. 106 B (2), NIRC)
atty. cleo d. sabado-andrada, cpa, mba

VALUE-ADDED TAX ON SALE OF


GOODS and PROPETIES

TRANSACTIONS DEEMED SLE

3. Distribution to Creditors
Transfers of inventory in payment of debts
constitute transactions deemed sale.
(Sec. 106B, NIRC)
atty. cleo d. sabado-andrada, cpa, mba

VALUE-ADDED TAX ON SALE OF


GOODS and PROPETIES

TRANSACTIONS DEEMED SLE


4. Consignment of Goods
Consignment of goods is considered
transaction deemed sales if actual sale is
not made within 60 days following the date
such goods were consigned.

VALUE-ADDED TAX ON SALE OF


GOODS and PROPETIES

TRANSACTIONS DEEMED SLE


5. Retirement from Business
The merchandise inventory left at the
retirement of business is deemed sold for
VAT purposes

VALUE-ADDED TAX ON IMPORTATION OF GOODS

all importation of goods in the


Philippines are subject to VAT, even if
such goods are not intended to be sold
or used for business activities,
. . . except those mentioned under
Section 109 of NIRC.

atty. cleo d. sabado-andrada, cpa, mba

VALUE-ADDED TAX ON IMPORTATION OF GOODS

TAX BASE and TAX RATE


Section 107A, NIRC
value used by the Bureau of
Custom in determining the tariff
and custom duties, plus custom
duties and excise taxes, if any, and
other charges, paid by the importer
prior to the release of such goods
from the custody of the BOC.

12%

VAT Output/Output Tax


Section 110 (A)[3]{b, 3rd paragraph)
atty. cleo d. sabado-andrada, cpa, mba

VALUE-ADDED TAX ON IMPORTATION OF GOODS

Transfer of Goods by Tax-Exempt


Persons (In cases of Tax-Free
Importation)

Sale or exchange of tax-free goods to nonexempt person in the Philippines is taxable


with Internal Revenue Taxes against the
purchaser, transferee or recipient who
shall be considered as importer thereof.
(Sec. 107B, NIRC)

atty. cleo d. sabado-andrada, cpa, mba

VALUE-ADDED TAX ON SALE OF SERVICES and


USE/LEASE OF PROPERTIES
Requirements for Value-Added Taxability
of Service Transactions
The service must be performed or is to be performed in
the course of business in the Philippines.
The service is rendered for valuable consideration
actually or constructively received.
The service rendered is not exempt from VAT under the
Tax Code, other special laws or international
agreement.
atty. cleo d. sabado-andrada, cpa, mba

VALUE-ADDED TAX ON SALE OF SERVICES and


USE/LEASE OF PROPERTIES

Section 108(A)

TAX
BASE

GROSS RECEIPTS

Section 108(A) [last par.]

atty. cleo d. sabado-andrada, cpa, mba

VALUE-ADDED TAX ON SALE OF SERVICES and


USE/LEASE OF PROPERTIES

TAX
RATES
A. Twelve percent (12%)
of the gross receipts;

atty. cleo d. sabado-andrada, cpa, mba

VALUE-ADDED TAX ON SALE OF SERVICES and


USE/LEASE OF PROPERTIES

TAX
RATES
B. Zero percent (0%) of the gross
receipts on the following sale or exchange
of services:
(Section 108)[B]{1 to 7} of the NIRC
atty. cleo d. sabado-andrada, cpa, mba

VALUE-ADDED TAX ON SALE OF SERVICES and


USE/LEASE OF PROPERTIES

all kinds of services performed in the


Philippines are subject to VAT at rate of
12%, except those which are classified
and qualified as Zero-rated or VATexempt transactions.
(Sec.108, NIRC)

atty. cleo d. sabado-andrada, cpa, mba

VALUE-ADDED TAX ON SALE OF SERVICES and


USE/LEASE OF PROPERTIES

Common Carriers by Air and Sea


Common carriers by air and sea relative to the
transport of passengers and cargoes within the
Philippines is subject to 12% VAT.

But

in Section 108(B)(6), as added by R.A. No.


9337---transport of passengers and cargo by air
or sea vessels from the Philippines to a foreign
country shall be subject to zero (0%) rate.
atty. cleo d. sabado-andrada, cpa, mba

VALUE-ADDED TAX ON SALE OF SERVICES and


USE/LEASE OF PROPERTIES

VAT on Professional Fees


As a rule, earnings from a practice of
profession (including services rendered by
doctors of medicine and lawyers) will be
subject to a 12% VAT if:
The professional is a VAT-registered person, or
Not VAT-registered but his total gross receipts
exceed P1,919,500 per year. (R. A. 9337)

VALUE-ADDED TAX ON SALE OF SERVICES and


USE/LEASE OF PROPERTIES

TAX
RATES

TAX
BASE
GROSS
RECEIPTS

12% OR 0%

VAT Output/Output Tax


Section 110 (A)[3]{b, 3rd paragraph)
atty. cleo d. sabado-andrada, cpa, mba

TAX CREDITS

CREDITABLE INPUT TAX or VAT INPUT


Section 110(A)
Section 110 (A)[3]{b, 2nd paragraph)

atty. cleo d. sabado-andrada, cpa, mba

Input tax (Input VAT) is the valueadded tax due paid by a VATregistered person in the course
of his trade or business on
importation of goods or local
purchases of goods or services,
including lease or use of property
from VAT-registered person.

If paid by the VAT registered


person in the conduct of his
business, it is allowed as tax
credit against his output VAT.
If paid by non-VAT person, it is
part of his expense (capitalized
if pertaining to capital goods).

If the input tax exceeds the


output tax, the excess shall
be carried over to the
succeeding quarter or
quarters.

TAX CREDITS
CREDITABLE INPUT TAX or VAT INPUT

WHAT ARE THE INPUT TAXES?


Input Taxes are the value added taxes paid on
local purchases and importation of goods FOR:
1.
2.

sale
conversion into or intended to form part of a
finished product for sale, including packaging
materials

atty. cleo d. sabado-andrada, cpa, mba

TAX CREDITS
CREDITABLE INPUT TAX or VAT INPUT

WHAT ARE THE INPUT TAXES?


Input Taxes are the value added taxes paid on
local purchases and importation of goods FOR:
3.
use as supplies
4.
use in trade or business, for which
depreciation or amortization is allowed for
income tax purposes, except automobiles,
aircrafts and yachts.
atty. cleo d. sabado-andrada, cpa, mba

TAX CREDITS
CREDITABLE INPUT TAX or VAT INPUT
WHAT ARE THE INPUT TAXES?

And, input taxes also includes value added taxes


paid on the following:
5.
6.
7.
8.

purchases of real property;


purchases of services
Presumptive Input Input Tax
Transitional Input Tax

atty. cleo d. sabado-andrada, cpa, mba

VALUE-ADDED TAX ON SALE OF SERVICES and


USE/LEASE OF PROPERTIES

TAX
BASE

TAX
RATES

VALUE PAID on
PURCHASES and
IMPORTATION of
GOODS

12%

VAT Input/Input Tax


Section 110 (A)[3]{b, 2nd paragraph)
atty. cleo d. sabado-andrada, cpa, mba

TAX CREDITS
CREDITABLE INPUT TAX or VAT INPUT

What is a presumptive Input Tax?


Persons or firms engaged in processing
sardines, mackerel, and milk, and in manufacturing
refined sugar and cooking oil, and packed noodlebased instant meals, shall be allowed a
PRESUMPTIVE INPUT TAX, equivalent to four
percent (4%) of the goods value in money of their
purchases
of
PRIMARY
AGRICULTURAL
PRODUCTS which are used as inputs to their
production.

TAX CREDITS
CREDITABLE INPUT TAX or VAT INPUT

What is a transitional input tax?


A taxpayer not subject to the value added tax
BECOMES SUBJECT to the value added tax because:
-the gross sales of the preceding year exceeded
P1,500,000.00 or
- the taxpayer being exempt from the VAT system, he was
qualified, and opted to be, registered under the value added
tax system.
atty. cleo d. sabado-andrada, cpa, mba

TAX CREDITS
CREDITABLE INPUT TAX or VAT INPUT

What is a transitional input tax?


Then, he shall be allowed an input tax on
his inventory on the transition date, of goods,
materials and supplies equivalent to two (2%) of
the inventory value, OR the value added tax
actually paid on it, WHICHEVER IS HIGHER,
excluding goods that are VAT exempt.
The inventory on the transition date should
be reported to the Bureau of Internal Revenue.
atty. cleo d. sabado-andrada, cpa, mba

TAX CREDITS
CREDITABLE INPUT TAX or VAT INPUT

THE VALUE ADDED TAX IN


THE SALES INVOICE
As a general rule, the VALUE-ADDED TAX
should be shown as a separate item in the sales
invoice. If the invoice shows only a total, the
value added tax component on the total shown in
the invoice is determined by multiplying the total
by the fraction of 12/112.
atty. cleo d. sabado-andrada, cpa, mba

TAX CREDITS
CREDITABLE INPUT TAX or VAT INPUT
THE VALUE ADDED TAX IN THE SALES INVOICE
Example:

If the total invoice is amounting to


P 120,000.00, vat included.

So, the VALUE ADDED TAX is computed as:


120,000 x 12/112
NET AMOUNT (120,000-12,857.14)

P 12,857.14
P107,142.86

TOTAL AMOUNT IN THE INVOICE

P120,000.00

atty. cleo d. sabado-andrada, cpa, mba

TAX CREDITS
CREDITABLE INPUT TAX or VAT INPUT
Mr. DEE LAH TAH purchases sardines from fishermen and
processes them into canned sardines called BUBOY
SARDINES. Going to processing in a certain taxable period
were the following purchases, value added tax not included:
Fish from fishermen
P 100,000.00
Tin Cans
P 20,000.00
Tomato paste in cans
P 5,000.00
Olive oil in plastic bottles
P 2,500,00
Pepper from farmers
P 1,800.00
Paper labels from printers
P
500.00
Sales during the period, value added tax not included,
amounted to P400,000.00.
atty. cleo d. sabado-andrada, cpa, mba

TAX CREDITS
CREDITABLE INPUT TAX or VAT INPUT
Determine the VAT Output or Output Tax.
Determine the VAT Input or Input Tax.
Output Tax (400,000 x 12%)
Input Taxes:

P 48,000.00

Fish from fishermen


Tin Cans
Tomato paste in cans
Olive oil in plastic bottles
Pepper from farmers
Paper labels from printers

P0
P 2,400.00
P 600.00
P 300.00
P
72.00
P
60.00

( 100,000.00 x 0%)
( 20,000.00 x 12%)
( 5,000.00 x 12%)
( 2,500,00 x 12%)
( 1,800.00 x 4%)
(
500.00 x 12%)

TOTAL INPUT TAXES

atty. cleo d. sabado-andrada, cpa, mba

P 3,432.00

TAX CREDITS
RULES in VALUE ADDED TAX

An Input VAT is usually creditable against an


Output VAT if the related goods or service
from which it arises are used in the conduct
of business.
At the end of any taxable period, if the
Output VAT exceeds the Input VAT, only
such excess amount is payable by the
taxpayer to the BIR.
Section 110 (B)
atty. cleo d. sabado-andrada, cpa, mba

TAX CREDITS
RULES in VALUE ADDED TAX

VAT formula:
VAT Output/Output Tax
Less : VAT Input/Input Tax
VAT Payable to the BIR
Section 110 (B)
atty. cleo d. sabado-andrada, cpa, mba

TAX CREDITS
CREDITABLE INPUT TAX or VAT INPUT
Output Tax (400,000 x 12%)
Input Taxes:
Fish from fishermen
( 100,000.00 x 0%)
Tin Cans
( 20,000.00 x 12%)
Tomato paste in cans
( 5,000.00 x 12%)
Olive oil in plastic bottles( 2,500,00 x 12%)
Pepper from farmers
( 1,800.00 x 4%)
Paper labels from printers(
500.00 x 12%)

P 48,000.00
P0
P 2,400.00
P 600.00
P 300.00
P
72.00
P
60.00

TOTAL INPUT TAXES

P 3,432.00

VAT PAYABLE

P 44,568.00

atty. cleo d. sabado-andrada, cpa, mba

TAX CREDITS
RULES in VALUE ADDED TAX
Section 110 (C)
If the Input VAT, inclusive of input tax carried over from
the previous quarter(s) exceeds the Output VAT, the
excess Input VAT shall be carried over to the
succeeding quarter or quarters.
Output VAT from sales
Less: Input VAT from:
Purchases
Carry-over from last quarter
Excess Input VAT

P100,000
P60,000
50,000

P110,000
(P10,000)

Note: The excess input VAT can be claimed as a VAT credit


in the succeeding quarters.

TAX CREDITS
RULES in VALUE ADDED TAX

Any Input VAT attributable to the zero-rated sales by a


VAT-registered person may, at his option and WITHIN
TWO (2) YEARS, after the close of the taxable quarter
when the sales were made, be refunded or applied
for a tax credit certificate which may be used in the
payment of internal revenue taxes, EXCEPT
transitional input tax, to the extent that such input tax
has not been applied against output tax.

Section 112 (A)


atty. cleo d. sabado-andrada, cpa, mba

Under RR No. 5-2000 July 29, 2011, it says


that:
ALL
TAX
CREDIT
CERTIFICATES
(TCCS) ISSUED BY THE BIR SHALL NOT
BE ALLOWED TO BE TRANSFERRED OR
ASSIGNED TO ANY PERSON.

1.EXECUTIVE
ORDER
NO.
68:
MONETIZATION
PROGRAM OF OUTSTANDING VALUE-ADDED TAX (VAT)
TAX CREDIT CERTIFICATES (TCCs)

In order to give qualified VAT-registered taxpayers


the cash equivalent of their outstanding TCCs.
For revalidated and unexpired TCCs issued in the years
2002 and 2003, THE MONETIZATION WILL BE FROM
JULY 17, 2012 TO SEPTEMBER 1, 2012.
For revalidated and unexpired TCCs issued in the years
2004 to April 11, 2012, THE MONETIZATION WILL BE
FROM JULY 17, 2012 TO OCTOBER 17, 2012.

TAX CREDITS
RULES in VALUE ADDED TAX
Cancellation of registration as a VAT taxpayer
The registration of any person as a value added taxpayer
may be cancelled if:
He makes a written application and can demonstrate to the
Commisioners satisfaction that his gross sales for the
following 12 months will not exceed P1,500,000.00.
He has ceased to carry on his trade or business and does
not expect to recommence any trade or business within the
next 12 months.

Section 236 (F)

atty. cleo d. sabado-andrada, cpa, mba

TAX CREDITS
RULES in VALUE ADDED TAX
Cancellation of registration as a VAT taxpayer
WITHIN TWO (2) YEARS FROM THE DATE OF
CANCELLATION, apply for issuance of a tax credit certificate
for any UNUSED INPUT TAX which may be used in payment
of his other internal revenue taxes.
BIR will grant a refund or issue tax credit certificate
within 120 days from submission of complete documents
in support of the application.

Section 112 (B)(C)


atty. cleo d. sabado-andrada, cpa, mba

TAX CREDITS
RULES in VALUE ADDED TAX
MONTHLY DECLARATION AND QUARTERLY RETURN

Within the twenty five (25) days after the end of


the quarter, there shall be a Quarterly VAT return.
Payment of VAT shall be on a monthly basis. Filing
anf payment shall be made to an authorized agent
bank, Revenue Collection Officer or duly authorized
city or municpal Treasurer in he Philippines located
within the Revenue District where the taxpayer is
registered.

Section 114 (A)(B)

TAX CREDITS
RULES in VALUE ADDED TAX
WITHHOLDING OF VALUE-ADDED TAX
The Government , or any of its political subdivisions,
instrumentalities or agencies, including GOCCs, shall,
before making payment on account of its purchase of goods
from sellers who are subject to the value-added tax, deduct
and withhold a final value-added tax at the rate of 5% of
the gross payment, to be remitted within ten (10) days
following the end of the month the withholding was made.
But for lease or use of properties or property rights to nonresident owners shall be subject to 12% withholding tax
a the time of payment.

Section 114 (C)

TAX CREDITS
RULES in VALUE ADDED TAX

The Commissioner of Internal Revenue has the


power to suspend the business operations of
taxpayer in the following cases:
1.Failure to issue receipts or invoices;
2.Failure to file VAT return
3.Understatement of taxable receipts or sales by
30% or more of his correct taxable sale or receipts
for the taxable quarter.
Section 115

DIAZ v. Secretary of Finance


G.R. No. 193007 promulgated July 19, 2011
TOLL FEES ARE SUBJECT TO VALUEADDED
TAX (VAT)
The Court held that the law imposes VAT on all
kind of services rendered in the Philippines for a fee.
When a tollway operator takes a toll fee from a
motorist, the fee is in effect for the latters use of the
tollway facilities over which the operator enjoys
private propriety rights that its contract and the law
recognize.
Tollway operators also come under specific
class described in Sec. 108 of the NIRC of 1997 as
all other franchise grantees that are subject to
VAT.

Under Sections 116 to 127 of the NIRC


the percentage taxes are:
a.3% percentage tax on persons exempt from the
value added tax because their gross
annual
sales do not exceed one million five
hundred
thousand pesos (P1,500,000.00), and who are not
required to pay a
percentage
tax under
any of (b) to (l) , below;

atty. cleo d. sabado-andrada, cpa, mba

Under Sections 116 to 127 of the NIRC


the percentage taxes are:
b.
Tax on domestic carriers;
c.
ax on international carriers;
d.
Franchise tax;
e.
Overseas Communications tax;
f.
Tax on banks and non-bank financial
intermediaries performing quasi-banking
functions;

atty. cleo d. sabado-andrada, cpa, mba

Under Sections 116 to 127 of the NIRC


the percentage taxes are:
g.
Tax on other non-bank financial
intermediaries;
h.
Tax on life insurance companies;
i.
Tax on agents of foreign insurance
companies;
j.
Amusement Tax;
k.
Tax on winnings;
l.
Tax on stock transactions.
atty. cleo d. sabado-andrada, cpa, mba

TAX BASE OF PERCENTAGE TAXES

Percentage taxes are based on gross


receipts.

Payable by the sellers of the services, except the


overseas communications tax, which is payable by the
user of the facilities of the seller.
Gross Receipts are cash actually or constructively
received. Receivables are not yet taxable although an
income is already earned thereon.
There are no deductions from gross receipts, except
Sales Returns and Allowances and Sales Discounts, to
arrive at the taxable gross receipts.
atty. cleo d. sabado-andrada, cpa, mba

TAX RATES
3% percentage tax based on gross
quarterly sales on persons exempt from the value
A.

added tax because their gross annual sales do not


exceed one million five hundred thousand pesos
(P1,919,500.00),
Take Note of the BUSINESSES THAT ARE EXEMPTED
FROM VAT OR PERCENTAGE TAXES (regardless of
annual gross sales or receipts) , as provided for by
Section 109 of the National Internal Revenue Code (NIRC)
atty. cleo d. sabado-andrada, cpa, mba

TAX RATES
B. Tax on Domestic Carriers
There are common carriers that can be
subjected to Percentage Tax
known as
common carriers tax. and there are also
common carriers that can be
subjected to
Value Added Tax.

atty. cleo d. sabado-andrada, cpa, mba

TAX RATES
COMMON CARRIER BY LAND:
1. Transporting goods or cargoes
12% Value Added Tax
2. Transporting passengers
3% Common Carriers Tax
3. Cars for rent or hire driven
by the lessee
3% Common Carriers Tax
4. Carriers Transportation Contractors,
including persons who transport
passengers for hire
3% Common Carriers Tax
5. Other domestic carriers by land for
transport of passengers, except owners
of animal-drawn two wheeled vehicles 3% Common Carriers
6. Keepers of garages
3% Common Carriers Tax

The percentage tax/common carriers tax


of 3% is based on quarterly gross receipts

TAX RATES

How does one determine the actual gross


receipts of a jeepney or taxi on which to
apply the 3% percentage tax?
The law provides statutory minimum
quarterly gross receipts:

atty. cleo d. sabado-andrada, cpa, mba

TAX RATES
Quarterly
Jeepney for hire:
Manila and other cities
P 2,400
Provincial
P 1,200
Public Utility Bus:
Not exceeding 30 passengersP 3,600
Exceeding 30 but not 50 pax P 6,000
Exceeding 50 passengers
P 7,200
Taxis:
Manila and other cities
P 3,600
Provincial
P 2,400
Car for hire:
With chauffeur
P 3,000
Without chauffeur
P 1,800

atty. cleo d. sabado-andrada, cpa, mba

Monthly
P 800
P 400
P 1,200
P 2,000
P 2,400
P 1,200
P 800
P 1,000
P 600

TAX RATES
COMMON CARRIER BY AIR or SEA
From one point in the Philippines to
another point in the Philippines
Transporting goods or cargoes 12% VAT
Transporting passengers
12% VAT
From one point in the Philippines to a
point outside the Philippines
Transporting goods or cargoes 0% Value Added Tax
Transporting passengers
0% Value Added Tax
atty. cleo d. sabado-andrada, cpa, mba

TAX RATES
C. INTERNATIONAL CARRIERS
International air carriers and international
shipping carriers doing business in the
Philippines shall pay a tax equivalent to 3% of
their quarterly gross receipts from
shipping outgoing from the Philippines.

atty. cleo d. sabado-andrada, cpa, mba

TAX RATES
D. FRANCHISE TAX
Franchise is a law. It authorizes a certain person, natural
or juridical persons, to operate a public utility. Certain
franchise grantees are subject to percentage tax and also
known as franchise tax .
However, there are also other franchise grantees that
shall be subject to the value added tax.

atty. cleo d. sabado-andrada, cpa, mba

TAX RATES
FRANCHISE TAX IS:
On Gross Receipts covered by the law granting the
franchise;
1. for radio and/or television broadcasting
companieswhose annual gross
receipts of the
preceding year did not exceed P10,000,000.00
3%
2.

on gas and water utilities

atty. cleo d. sabado-andrada, cpa, mba

2%

TAX RATES

F. Tax ON BANKS AND NON-BANK FINANCIAL


INTERMEDIARIES
PERFORMING
QUASI-BANKING
FUNCTIONS.
TAX BASE:
Gross receipts from sources WITHIN the Philippines.

atty. cleo d. sabado-andrada, cpa, mba

TAX RATES
Note:
On radio and/ or television broadcasting company
whose annual gross receipts of the preceding year
exceeded P 10,000,000 shall be subject to the
value added tax.
However, those whose gross receipts did not
exceed P10,000,000.00 may opt to be registered
under the value added tax system. But once the
option is exercised, (as a VAT registered) the option
is IRREVOCABLE.
atty. cleo d. sabado-andrada, cpa, mba

TAX RATES
E. OVERSEAS COMMUNICATIONS TAX
AMOUNTS RECEIVED FOR OVERSEAS
DISPATCH
MESSAGE
OR
CONVERSATION
ORIGINATING FROM THE PHILIPPINES (outgoing
message) SHALL BE SUBJECTED TO A PERCENTAGE
TAX KNOWN AS THE OVERSEAS COMMUNICATIONS
TAX.
Tax Base

on the amount paid by the user to the


provider of the communication facility.

Tax Rate-

10% of the amount paid.

TAX RATES

F. Tax ON BANKS AND NON-BANK FINANCIAL


INTERMEDIARIES
PERFORMING
QUASI-BANKING
FUNCTIONS.
TAX BASE:
Gross receipts from sources WITHIN the Philippines.

atty. cleo d. sabado-andrada, cpa, mba

TAX RATES
But, the overseas communications tax shall
not apply to :
1.Government
2. Diplomatic Services
3. International Organization
4. News services
atty. cleo d. sabado-andrada, cpa, mba

TAX RATES

F. Tax ON BANKS AND NON-BANK FINANCIAL


INTERMEDIARIES
PERFORMING
QUASI-BANKING
FUNCTIONS.
TAX BASE:
Gross receipts from sources WITHIN the Philippines.

atty. cleo d. sabado-andrada, cpa, mba

TAX RATES

F. Tax ON BANKS AND NON-BANK FINANCIAL


INTERMEDIARIES
PERFORMING
QUASI-BANKING
FUNCTIONS.
TAX BASE:
Gross receipts from sources WITHIN the Philippines.

atty. cleo d. sabado-andrada, cpa, mba

TAX RATES
F. Tax ON BANKS AND NON-BANK FINANCIAL
INTERMEDIARIES
PERFORMING
QUASI-BANKING
FUNCTIONS.
TAX RATES:
1.On interest, commissions and discounts from lending
activities as well as income from financial leasing on the
basis of the remaining maturities of instruments from which
such receipts were derived:
Maturity period is five years or less
5%
Maturity period is more than five years
1%

atty. cleo d. sabado-andrada, cpa, mba

TAX RATES
F. Tax ON BANKS AND NON-BANK FINANCIAL
INTERMEDIARIES
PERFORMING
QUASI-BANKING
FUNCTIONS.
TAX RATES:
2. On dividends and equity shares in net income
subsidiaries
0%
3. On royalties, rentals of property, real or personal, profits
from exchange and all other items treated as gross
income under the income tax law and on net trading
gains on foreign currency, debt instruments, derivatives
and other similar financial instruments
7%

TAX RATES
G. Tax ON OTHER NON-BANK FINANCIAL INTERMEDIARIES

TAX BASE:
Gross receipts from sources WITHIN the Philippines.
TAX RATES:
1.On interest, commissions and discounts from lending
activities as well as income from financial leasing on the
basis of the remaining maturities of instruments from which
such receipts were derived:
Maturity period is five years or less
5%
Maturity period is more than five years
1%
2. On interest, commissions, discounts and all other items
treated as gross income under the income tax law.
5%

TAX RATES
H. Tax ON INSURANCE COMPANIES.
Insurance companies may be divided into two classes:
A.Non-life insurance companies; and
B.Life insurance companies.
Note: NON-LIFE INSURANCE COMPANIES ARE
SUBJECT TO THE VALUE ADDED TAX.
LIFE INSURANCE COMPANIES ARE SUBJECT
TO A PERCENTAGE TAX, called PREMIUM TAX.

TAX RATES
H. Tax ON INSURANCE COMPANIES.
Tax Base:

Total life insurance premiums collected


(gross receipts), whether in money, notes,
credits, or any substitute for money;

Tax Rate:

Five percent (5%)

atty. cleo d. sabado-andrada, cpa, mba

TAX RATES
Exemptions:
1.
Premiums refunded within six (6) months after
payment on account of rejection of risk or returned for
other reasons to a person insured;
2.
Reinsurance premiums paid by a company that has
already paid a tax;
3.
Premiums collected or received by any branch of a
domestic
corporation, firm or association doing
business in the Philippines
on account of any life
insurance of an insured who is a non
resident , if any tax
on such premiums is imposed by the foreign
country
where the branch is established;

TAX RATES
Exemptions:
4.
Reinsurance premiums, if the insured of personal
insurance
resides outside the Philippines, if ay tax on
such premium is
imposed by the foreign country where
the original has been
issued or perfected.
5.
Portion of the premiums collected or received by
insurance
companies on variable contracts in
excess
of the amount
necessary to insure the
lives of
variable contract owners.

atty. cleo d. sabado-andrada, cpa, mba

TAX RATES
I. Tax ON AGENTS OF FOREIGN INSURANCE
COMPANIES.
Every fire, marine or miscellaneous insurance agent
authorized under the Insurance Code to procure
insurance as he may have previously been authorized
to transact on risks located in the Philippines, for those
companies not authorize to transact business in the
Philippines, SHALL PAY A TAX EQUAL TO TWICE THE
TAX IMPOSED ON LIFE INSURANCE COMPANIES-

hence, ten percent (10%).

TAX RATES
I. Tax ON AGENTS OF FOREIGN INSURANCE
COMPANIES.

BUT,
An owner of property can obtain
directly for himself policies in foreign
companies but he must report to the Insurance
Commissioner and to the Commissioner of
Internal Revenue such case, and pay a tax of
five percent (5%) on premiums paid.
atty. cleo d. sabado-andrada, cpa, mba

TAX RATES
J. AMUSEMENT TAX
Amusement Tax on admissions to theaters,
cinematographs, concert halls, circuses and other
places of amusement is a local tax.

The Tax Base of amusement tax is the


GROSS RECEIPTS of the proprietor, lessee or
operator of the amusement place. It includes
income from television, radio and motion picture
rights, if any.
atty. cleo d. sabado-andrada, cpa, mba

TAX RATES
Amusement Places NOT ALL ARE SUBJECT TO THE
AMUSEMENT TAXES.
Amusement Activities- NOT ALL ARE SUBJECT TO
AMUSEMENT TAXES.
Amusement Places subject to percentage tax called
amusement tax:
Place for boxing exhibition
Place for professional basketball
Cockpits, cabarets, night or day clubs
Jai-alai and race tracks
atty. cleo d. sabado-andrada, cpa, mba

10%
15%
18%
30%

TAX RATES
J. AMUSEMENT TAX

Exemption:
Boxing exhibitions where World or Oriental
Championships in any division is at stake shall
be exempt from amusement tax, IF ONE OF THE
CONTENDERS is a citizen of the Philippines and
said exhibitions are promoted by citizens of the
Philippines or a by a corporation or association at
least sixty percent (60%) of the capital of which is
owned by such citizens.

TAX RATES
K. TAX ON WINNINGS.
The tax is on winnings of:
1. person who wins in horse races and jai-alai. Tax must
be based on his WINNINGS .
10%
But if winnings is from double,
forecast, quinella and trifecta bets
4%
2. Owner of winning race horses,
based on the prize.

10%

Note:
The tax shall be withheld from the
winnings or prize by the operator, manager, or
person in charge of the horse races or jai alai.
atty. cleo d. sabado-andrada, cpa, mba

TAX RATES
L. TAX ON STOCK TRANSACTIONS
On sale, barter, exchange or other disposition of
shares listed and traded thru a
local stock
exchange, other than by a dealer in securities:
of 1 percent based on the gross selling price
or gross value
in money of
the shares
sold.
atty. cleo d. sabado-andrada, cpa, mba

TAX RATES
L.TAX ON STOCK TRANSACTIONS
On sale, barter, exchange or other disposition of shares thru
initial public offering of shares of stock in a closely held
corporation, in accordance with the proportion of the
shares sold, bartered, exchanged, or otherwise disposed of
to the total outstanding shares of stock after listing in the
local stock exchange, as follows:
Up to 25%
Over 25%, but not over 33 and 1/3%
Over 33-1/3%
atty. cleo d. sabado-andrada, cpa, mba

4%
2%
1%

TAX RATES

RETURN AND PAYMENT OF PERCENTAGE


TAXES
The taxpayer may file a separate return for each branch or
place of business, or a consolidated return for all.
As a general rule:
Every person liable to pay a percentage tax shall file a
quarterly return of the amount of his gross receipts and
pay the tax thereon, within twenty five (25) days after the
end of each taxable month.
Exceptions:
When the BIR Commissioner may, by rules and regulations,
prescribe the time for filing the returns.

A national internal revenue tax to which only:


Manufacturers; or
Importers
may be subjected to excise tax.

atty. cleo d. sabado-andrada, cpa, mba

TWO (2) KINDS OF EXCISE TAXES

SPECIFIC
TAX
an excise tax imposed
and based on weight
or volume or capacity
or any other physical
unit of measurement.

AD VALOREM
TAX
an excise tax imposed
and based on selling
price or other specified
value of the article.

atty. cleo d. sabado-andrada, cpa, mba

PURPOSES OF EXCISE TAX


To curtail consumption of certain commodities
which are considered harmful to the individual as
well as the community as a whole;
To protect domestic industries from competition
caused by similar imported products;
To distribute the tax burden in proportion
to benefit derived
from a particular
government service;
To raise revenue.
atty. cleo d. sabado-andrada, cpa, mba

ARTICLES
TAX

SUBJECT

TO

EXCISE

TOBACCO
PRODUCTS

l
o
h
o
Alc
ts
c
u
d
pro

PETROLEUM
PRODUCTS

ARTICLES
TAX

l
a
r
e
n
Mi
ts
c
u
d
pro

SUBJECT

TO

EXCISE

AUTOMOBILES

NON-ESSENTIAL
GOODS
atty. cleo d. sabado-andrada, cpa, mba

Alcohol Products-Distilled Spirits


Distilled Spirits
substance known as ethyl alcohol and ethanol
including all dilutions, purification and mixtures
thereof, from whatever source, by whatever
process produced, and shall include whisky,
brandy, rum, gin and vodka and other similar
products or mixtures.

atty. cleo d. sabado-andrada, cpa, mba

Alcohol Products-Distilled Spirits


Retail Price it is the amount of money or prices which
an ultimate consumer or end user pays for the product.
If the Retail Price:
Less than P250 per 750 ml.
P250 to P675 per 750 ml.
More than P675 per 750 ml.

Excise Tax would be:


P 75 per proof liter
P 150 per proof liter
P 300 per proof liter

How to determine Proof Liter:


1 liter
= 1,000 ml
Percent of proof
= degree of proof per 100%
Proof liter
= percent of proof liter x volume in
liter

Alcohol Products-Distilled Spirits


But, if the alcohol products is produced from sap of nipa,
coconut, cassava, camote, buri palm or from juice or syrup
of sugar cane, the excise tax would be as follows:
Excise Tax
Small-scale production
(not more than 100 liters/day)
Commercial production
(more than 100 liters/day)

atty. cleo d. sabado-andrada, cpa, mba

P 4 per proof liter


P 8 per proof liter

Alcohol Products-Wines
Wines
alcoholic beverages produced by fermentation
without distillation from juice of any kind of fruit.

atty. cleo d. sabado-andrada, cpa, mba

Alcohol Products-Wines
Retail Price /Liter
(exclusive of VAT & Excise Tax)
Sparkling wine/Champagne, regardless of proof liter:
P500 and less
More than P500

Tax per Liter

Wine containing 14% alcohol or less


Wine containing more than 14% alcohol but not
more than 25% alcohol by volume

P 12

Fortified wines produced by mixture of distilled


spirits with water and other substance such
as flavoring extracts and coloring materials
in such portion that the resultant mixture contains
more than 25% of alcohol by volume

P 100
P 300

P 24

Same manner
as in distilled
spirits.

Alcohol Products-Fermented Liquors


Fermented liquors
alcoholic beverages produced by fermentation without
distillation of grains or malt, which include beer, lager, ale
porter and other similar products but excluding tuba, basi,
tapoy and other similar domestic fermented liquor.
Retail Price /Liter
(exclusive of VAT & Excise Tax)
Less than P 14.50
P 14.50 up to P 22.00
More than P 22.00
atty. cleo d. sabado-andrada, cpa, mba

Tax per Liter


P 6.15
P 9.15
P 12.15

Tobacco Products
1. P 0.75/KILO of the following tobacco products:
Tobacco twisted by hand or reduced into a condition to be
consumed in any manner other than the ordinary mode of
drying and curing;
Tobacco prepared or partially prepared with or without the
use of any machine or instrument or without being pressed or
sweetened;
Fine-cut shorts and refuse, scraps, clippings, cuttings, stems
and sweepings of tobacco.

Tobacco Products
2. P 0.60/KILO of tobacco specially prepared
for chewing and not suitable for use in any other
manner;
3. P 1.00 per piece on cigar (cigar means all rolls of
tobacco or any substitute thereof, wrapped in leaf
tobacco)
4. P0.40 per pack on cigarettes packed by hand
(cigarette means all rolls of finely cut leaf tobacco or
any substitute thereof, wrapped in paper or in any
other similar materials).

Tobacco Products
5. Cigarette packed by machine:
Retail price/pack
(excluding VAT & Excise Tax)

Excise Tax per pack

Below P 5.00
P5.00 to P6.50

P 1.00
P 5.00

Over P6.50 but not over P10


Over 10

P 8.00
P12.00

atty. cleo d. sabado-andrada, cpa, mba

Petroleum Products
1. P 4.50/LITER of volume or P4.50/KILO of
lubricating oil
and greases.
2. P 0.05/LITER on processed gas
3. P 3.50/KILO on waxes and petroleum
4. P0.05/LITER on denatured alcohol used for or
motive power.
5. P4.50/LITER on Naptha, regular gasoline and
other similar products of distillation.
6. P5.35/LITER on leaded premium gasoline

Petroleum Products
7. P3.67/LITER on aviation turbo jet fuel
8. P0.60/LITER on kerosene
9. P1.63/LITER of diesel fuel oil
10. ZERO on liquefied petroleum gas
11. P.056/KILO of asphalt
12. P.030/LITER of bunker fuel oil-But if other
petroleum product will be produce from the
banker oil, the excise which have been levied shall
be credited with excise taxes paid in the produced
petroleum products.
atty. cleo d. sabado-andrada, cpa, mba

Mineral Products
1. P10 per metric ton on coal and coke;
2. On all non metallic minerals and quarry resources 2% based
on actual market value of gross output thereof at the
time of removal.
3. On all metallic minerals based on actual market value of
the gross output at the time of removal thereof; for:
- Copper and other metallic resources minerals:
1% on the 1st 3 years of effectivity of RA 7729
1 % on the 4th and 5th year
2% on the 6th year and thereafter
- Gold and Chromite 2%
- On indigenous petroleum- 3% on the fair
international market price on the first taxable
sale, barter, exchange or such similar
transaction.

AUTOMOBILES
TAX BASE
1.If
locally manufactured or if imported for re-sale
domestically, the tax base shall be the manufacturer or
importers selling price net of excise and value added
tax.
2. If the importation is not intended for re-sale domestically,
the tax base shall be the total value used by the
Bureau of customs in determining tariff and custom
duties, including custom duty and all other charges,
plus 10% of the total thereof.
atty. cleo d. sabado-andrada, cpa, mba

AUTOMOBILES
TAX RATE
Engine Displacement in cubic centimeter:
Gasoline Driven

Diesel Driven

Tax Rate

Up to 1600cc
1601 to 2000cc
2001 to 2700cc
2701cc and over

Up to 1800 cc
1801 to 2300cc
2301 to 3000cc
3001cc or over

15%
35%
50%
100%

atty. cleo d. sabado-andrada, cpa, mba

Non-ESSENTIAL GOODS
Non essential goods include the following:
All goods commonly or commercially known
as Jewelry, whether real or imitation,
pearls,
precious and semi-precious
stoned and
imitations thereof;
Perfumes and toilet waters;
Yachts and other vessels intended for
pleasure or
sports.

Non-ESSENTIAL GOODS
EXCISE TAX BASE and RATE

20%

of the wholesale price or the value of


importation used by the Bureau of Customs in
determining the tariff and custom duties, net of
excise tax and value added tax.

atty. cleo d. sabado-andrada, cpa, mba

PLACE and TIME FOR FILING OF RETURN and


PAYMENT OF TAX
Return shall be filed and Excise tax shall be paid:
By the manufacturer or producer before
removal of the products from the place of
production. A separate return for each place of
production shall be filed by every liable person.

PLACE and TIME FOR FILING OF RETURN and


PAYMENT OF TAX
Return shall be filed and Excise tax shall be paid:
By the importer before removal of the
importation from the custom warehouse to be
paid to the Custom Officers under the regulation
of the Department of Finance.

atty. cleo d. sabado-andrada, cpa, mba

PLACE and TIME FOR FILING OF RETURN and


PAYMENT OF TAX
Return shall be filed and Excise tax shall be paid:
With respect to the excise tax on locally produced
or extracted metallic mineral or mineral products,
the person liable shall file a return and pay the tax
within 15 days after the end of the calendar quarter
when such products were removed subject to such
conditions as may be prescribed by rules and
regulations to be promulgated by the Secretary of
Finance upon recommendation of the BIR.
atty. cleo d. sabado-andrada, cpa, mba

PLACE and TIME FOR FILING OF RETURN and


PAYMENT OF TAX
Return shall be filed and Excise tax shall be paid:
The return shall be filed with and the tax paid
to any authorized agent bank or Revenue
Collection Officer, or duly authorized City or
Municipal Treasurer in the Philippines.

atty. cleo d. sabado-andrada, cpa, mba

THANK

YOU!!

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