| | +
General VAT Queries |  |  | | | | | | | Where
are VAT returns filed?
The Monthly VAT Declaration (BIR
Form 2550M) and Quarterly VAT Return (BIR Form 2550Q) shall be filed with any
Authorized Agent Bank (AAB) in the place where the taxpayer is registered or required
to be registered. In cases of no-payment, the return shall be filed with
the Revenue District Office (RDO)/LTDO and LTAD where the taxpayer is registered
or required to be registered. In places where there are no AABs, it shall
be filed with and the tax paid to the Revenue Collection Officer or duly Authorized
City or Municipal Treasurer of the place where the RDO is located. |  | Outline
| |  |
| | | | | | | | | | | | | | Output
tax means the VAT due on the sale, lease or exchange of taxable goods or properties
or services by any person registered or required to register under section 236
of the Tax Code. Top |

| | | | | | | | | | | Input
tax means the VAT paid by a VAT-registered person in the course of his trade or
business on importation of goods or local purchase of goods or services, including
lease or use of property, from a VAT-registered person. It shall also include
the transitional input tax determined in accordance with Section 111 of the Tax
Code | | | | | | | | | |
| | | | The
term "goods or properties" shall mean all tangible and intangible objects,
which are capable of pecuniary estimation and shall include: - Real
properties held primarily for sale to customers or held for lease in the ordinary
course of trade or business
- The right or the privilege to use patent,
copyright, design or model, plan, secret formula or process, goodwill, trademark,
trade brand or other like property or right
- The right or the privilege
to use in the Philippines any industrial, commercial or scientific equipment
-
The right or the privilege to use motion picture film, films, tapes and discs
- Radio, television, satellite transmission and cable television time
| | | | | | | | | | What
comprises sale
or exchange of services"? | | | | The
term "sale or exchange of services" means the performance of all kinds
of services in the Philippines for others for a fee, remuneration or consideration,
including those performed or rendered by the following: - Construction
and service contractors
- Stock, real estate, commercial, customs and
immigration brokers
- Lessors of property, whether personal or real
-
Warehousing services
- Lessors or distributors of cinematographic films
- Persons engaged in milling, processing, manufacturing or repacking goods
for others
- Proprietors, operators or keepers of hotels, motels, resthouses,
pension houses, inns, resorts
- Proprietors or operators of restaurants,
refreshment parlors, cafes and other eating places, including clubs and caterers
- Dealers in securities
- Lending investors
- Transportation
contractors on their transport of goods or cargoes, including persons who transport
goods or cargoes for hire and other domestic common carriers by land, air and
water relative to their transport of goods or cargoes
- Services of franchise
grantees of telephone and telegraph, radio and television broadcasting and all
other franchise grantees except those under Section 119 of the Tax Code
-
Services of non-life insurance companies (except their crop insurances), including
surety, fidelity, indemnity and bonding companies
- Similar services regardless
of whether or not the performance thereof calls for the exercise or use of the
physical or mental faculties
The phrase "sale or exchange of
services" shall include: - The lease or the use of or the right
or privilege to use any copyright, patent, design or model, plan, secret formula
or process, goodwill, trademark, trade brand or other like property or right
-
The lease or the use of, or the right to use of any industrial, commercial or
scientific equipment
- The supply of scientific, technical, industrial
or commercial knowledge or information
- The supply of any assistance
that is ancillary and subsidiary to and is furnished as a means of enabling the
application or enjoyment of any such property, or right or any such knowledge
or information
- The supply of services by a nonresident person or his
employee in connection with the use of property or rights belonging to, or the
installation or operation of any brand, machinery or other apparatus purchased
from such non-resident person
- The supply of technical advice, assistance
or services rendered in connection with technical management or administration
of any scientific, industrial or commercial undertaking, venture, project or scheme
- The lease of motion picture films, films, tapes and discs
-
The lease or the use of or the right to use radio, television, satellite transmission
and cable television time
| | | | | | | | | |
| | | | It
is a sale, barter or exchange of goods, properties and/or services subject to
0% VAT pursuant to Sections 106 (A) (2) and 108 (B) of the Tax Code. | | | | | | | | | What
transactions are considered as zero-rated sales? | | | | The
following services performed in the Philippines by VAT-registered persons shall
be subject to zero percent (0%) rate: - Processing, manufacturing or
repacking goods for other persons doing business outside the Philippines which
goods are subsequently exported where the services are paid for in acceptable
foreign currency and accounted for in accordance with the rules and regulations
of the Bangko Sentral ng Pilipinas (BSP)
- Services other than those mentioned
in the preceding paragraph, the consideration for which is paid for in acceptable
foreign currency and accounted for in accordance with the rules and regulations
of the Bangko Sentral ng Pilipinas (BSP)
- Services rendered to persons
or entities whose exemption under special laws or international agreements to
which the Philippines is a signatory effectively subjects the supply of such services
to zero percent (0%) rate
- Services rendered to vessels engaged exclusively
in international shipping
- Services performed by subcontractors and/or
contractors in processing, converting, or manufacturing goods for an enterprise
whose export sales exceeds seventy percent (70%) of total annual production
The following sales by VAT-registered persons shall be subject to zero percent
(0%) rate : - Sale of goods which are directly shipped by a VAT-registered
resident to a place outside the Philippines
- Sale of goods which are considered
as "deemed" export sales by a VAT-registered person to certain entities
who are also residents of the Philippines:
- ales to export-oriented enterprises
which the Code considers as export sales at the level of the supplier of raw materials
- Sales
of gold to the Bangko Sentral ng Pilipinas
- Sales considered as exportation
of goods under a special law such as Executive Order No. 226 (Omnibus Investments
Code of 1987) and Republic Act No. 7916 (PEZA Law)
- Foreign
currency denominated sales of goods
- Sales to entities, the exemption
of which, under a special law or an international agreement with the Government
of the Philippines, effectively zero rates such sale
| | | | | | | | | Where
will taxpayers file their applications for VAT zero-rating? | | | | Taxpayers
may file their application with the Audit Information, Tax Exemption and Incentives
Division (AITEID) at the BIR National Office. | | | | | | | | | What
is a Contractor's Final Payment Release Certificate and where should taxpayers
file their application for this? | | | The
Contractor's Final Payment Release Certificate is issued by the BIR before a government
contractor is fully paid for his contract with the government. Taxpayers may file
their application at the BIR National Office at the Audit Information, Tax Exemption
and Incentives Division (AITEID) | | | | | | | | |
What
transactions are considered as deemed sales? | | | | The
following transactions are considered as deemed sales: - Transfer,
use or consumption, not in the course of business, of goods or properties originally
intended for sale or for use in the course of business
- Distribution
or transfer to:
- Shareholders or investors as share in the profits of the
VAT-registered person; or - Creditors in payment of debt - Consignment
of goods if actual sale is not made within sixty (60) days following the date
such goods were consigned
- Retirement from or cessation of business, with
respect to inventories of taxable goods existing as of such retirement or cessation
| | | |
|