Revenue Regulations No. 008-2025

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Implementing Section 112(C) and 125-A of the National Internal Revenue Code of 1997, as Amended by Section 9 and 11 of Republic Act No. 12066 on the Procedures in the Resolution of Request for Reconsideration on the Denial of Claims for Refund

SECTION 1. Scope. – Pursuant to Sections 244 and 245 of the National Internal Revenue Code of 1997, as amended (Tax Code), in relation to Section 9, 11, and 32 of Republic Act (RA) No. 12066, these Regulations are hereby promulgated to implement Sections 112(C) and 135-A of the Tax Code by providing the governing rules on the resolution of requests for reconsideration against the full or partial denial of taxpayer-claimant’s claim for refund of:

(1) Creditable input taxes under Section 112(A) and (B) of the Tax Code; and

(2) Excise tax paid on petroleum products under Section 132-A of the Tax Code.

SECTION 2. COVERAGE – These Regulations shall cover request for reconsideration of the full or partial denial of taxpayer-claimant’s claim for refund under Section 112(A) and (B), and 135-A of the Tax Code involving application for refund files on or after April 1, 2025.

SECTION 3. DEFINITION OF TERMS. –

• Request for reconsideration – a request for reconsideration is a plea for re-evaluation of a pure question of law on a given set of facts or circumstances based on previously submitted documents and arguments without need for the introduction of new or additional documents.
• Question of law – A question of law arises when there is doubt as to what the law is on a certain state of facts. For question to be one of law, the same must not involve an examination of the probative value of the evidence presented by the applicant. The resolution of the issue must rest solely on what the law provides on the given set of circumstances.
• Question of fact – Involves factual determination and application of facts based on documentary evidence; it exists when the doubt of difference arises as to the truth or falsehood of alleged facts.

SECTION 4. GENERAL POLICIES. –

• The notice of full or partial denial of the claim for refund shall cite the factual and legal bases stating the law, and regulations, and jurisprudence, if any, on which such denial is based as required under the Tax Code.
• All request for reconsideration on full or partial denial of a claim for refund should be limited to questions of law. Any issue/s relating to factual determination or appreciation should have been threshed out during the initial process of the claim for refund and contained in the notice of full or partial denial. Consequently, any factual issue raised in the request for reconsideration shall no longer be entertained.
• Only the documents previously attached to the taxpayer-claimant’s application for tax refund relevant to the issues raised may be submitted with the request for reconsideration. Introduction of new evidence/document, as well as questions of law already addressed in the Notice of Full or Partial Denial, shall not be allowed during the request for reconsideration.
• The processing time to act on the taxpayer-claimant’s request for reconsideration shall be within fifteen (15) days from the date of actual receipt for reconsideration by the concerned Processing Office, as provided for under Section 5 hereof. Consequently, failure to file with the Processing Office shall rendered the request for reconsideration invalid and shall not toll the running of the fifteen (15)-day period to file the request for reconsideration. Hence, the partial or full denial of the refund shall become final and executory after the lapse of such period.
  
  No supplemental or amended appeal, or any other pleading of similar import, shall be allowed notwithstanding that the same is filed within the fifteen (15)-day prescribed period to file a request for reconsideration. Further, no second request for reconsideration shall not toll the running of the prescriptive period to file an appeal before the Court of Tax Appeals (CTA).

SECTION 5. MANNER AND PERIOD OF FILING. – Request for reconsideration shall be filed with the following Offices:

	Processing Office	Approving Office
1. For denial of claims within the National Office, including those signed by Assistant Commissioner (ACIR) – Large Taxpayers Service (LTS)	Appellate Division	Office of the Commissioner of Internal Revenue (OCIR)
2. For denial of claims signed by the regional Director	Legal Division of Revenue Region concerned	Regional Director concerned

The Processing Office shall not receive any request for reconsideration filed beyond the fifteen (15)-day period to file the request for reconsideration.

The running of the fifteen (15)-day period to resolve the request for reconsideration shall commence upon its actual receipt of the Processing Office.

SECTION 6. FORM AND CONTENTS OF THE REQUEST FOR RECONSIDERATION. – The request for reconsideration shall contain the following:

• Title of the request for reconsideration must be in all capital letters, bold-faced, thus:

“REQUEST FOR RECONSIDERATION OF THE PARTIAL/FULL OF CLAIMS FOR VAT REFUND”

OR

“REQUEST FOR RECONSIDERATION OF THE PARTIAL/FULL DENIAL OF CLAIMS FOR REFUND ON EXCISE TAX PAID ON PETROLUM PRODUCTS”

• Description of the claim subject of the request for reconsideration indicating the name of taxpayer-claimant. Tax Verification Notice (TVN) number, amount of the original claim and the amount which was denied, and the taxable period/s covered;
• Date of receipt of the notice of full or partial denial of the claim for refund;
• Clear and concise statements of facts, the assignment of errors of law and citation of the rules and regulations, law, and jurisprudence, if any, in support of the taxpayer-claimant’s arguments;
• The taxpayer-claimants shall attach one (1) set of the following documents as annexes to the request for reconsideration:
  • Original copy of the authority to file the request for reconsideration embodied in a Secretary’s Certificate, if the taxpayer-claimant is a corporation, or Special Power Attorney, if the taxpayer-claimant in as individual;
  • Certified true copy of the original application for refund with the receiving stamp from the VAT Credit Audit Division/Large Taxpayers’ VAT Audit Unit or concerned LTS Office/VAT Audit Section or Revenue District Office, whichever is applicable;
  • Certified true copy of the notice of full or partial denial of the claim for refund subject of the request for reconsideration, and its attachments, if any, with proof of date of receipt of the same;
  • Certified true copy of the checklist of mandatory requirements prepared by the original Processing Office and acknowledged by the taxpayer-claimant or its authorized representative; and
  • Other pertinent documents relevant to the legal issue/s raised which were previously submitted in the original claim for refund with proof thereof.

SECTION 7. EFFECT OF FAILURE TO COMPLY WITH REQUIREMENTS AS TO FORM AND CONTENTS. – The failure of the taxpayer-claimant to comply with any

of the foregoing requirements as to the period, form and manner of filing of the request for reconsideration shall constitute sufficient grounds for the outright denial of the same.

SECTION 8. ACTION ON THE REQUEST FOR RECONSIDERATION. – The decision on the request for reconsideration shall be issued within the fifteen (15)-day processing period from actual receipt of the request by the Processing Office.

Service thereof shall be effected through registered mail or any other modes of service as defined under existing rules and regulations.

The Processing Office shall furnish the Office which rendered the full or partial denial of the claim, a copy of the decision on the request for reconsideration to aid the latter in establishing statistics on the aggregated volume, processing time, approval rate of refund claims and other relevant statistics and its publication on the BIR website.

SECTION 9. EFFECT OF GRANTING THE REQUEST FOR RECONSIDERATION. – Upon timely filing of the request for reconsideration, the processing of the refund claim subject of the request for reconsideration, if granted, shall be made within twenty (20) days from the date the decision is issued.

SECTION 10. WITHDRAWAL OF THE REQUEST FOR RECONSIDERATION. – Notwithstanding the filing of the request for reconsideration, the taxpayer-claimant may withdraw the same at any time before it is finally resolved, in which case, the full or partial denial shall stand as though no such request of reconsideration has been filed. The full or partial denial shall then be deemed final upon the lapse of the fifteen (15)-day period from the date of receipt by the taxpayer-claimant of the notice of full or partial denial of the claim for refund.

SECTION 11. APPEAL TO THE COURT OF TAX APPEALS. – In case of full or partial denial of the request for reconsideration, or in case of inaction thereon by the CIR or his duly authorized representative, the taxpayer-claimant may appeal the full or partial denial of the request for reconsideration of the full or partial denial of the claim for refund in case of inaction on the request for reconsideration to the CTA within thirty (30) days from receipt of the decision or from the lapse of the fifteen (15)-day period to decide thereon.

SECTION 12. SEPARABILITY CLAUSE. – If any of the provisions of these Regulations is subsequently declared invalid or unconstitutional, the validity of the remaining provisions hereof shall remain in full force and effect.

SECTION 13. REPEALING CLAUSE. – All other issuance and rules and regulations or parts thereof which are contrary to and inconsistent with the provisions of these Regulations are hereby repealed, amended or modified accordingly.

SECTION 14. EFFECTIVITY– These regulations shall take effect fifteen (15) days following its publication in the official gazette or the BIR Official Website, whichever comes first.

Clarification of Certain Policies and Procedures Relative to the Implementation of the Risk-based Approach in the Verification and Processing of Value-Added Tax (VAT) Refund Claims, as Introduced in Republic Act No. 11976, Otherwise Known as the “Ease of Paying Taxes Act”

This circular is being issued to clarify and address concerns in the risk-based approach verification and processing of VAT refund claims pursuant to Section 112 (A) of the National Internal Revenue Code of 1997 (Tax Code), as amended by Republic Act No. 11976 r the Ease of Paying Taxes (EOPT) Act, and as implemented by the Revenue Regulations (RR) No. 05-2024, and Revenue Memorandum Order (RMO) No. 23-2024, as amended by RMO No. 42-2024.

• Q1: Is the submission of all documentary requirements mandated in the Checklist of Mandatory Requirements for VAT refund purposes prescribed under Annex “A.1” of Revenue Memorandum Circular (RMC) No. 71-2023 required regardless of the identified risk level?
  • A1: Yes, all documentary requirements mandated by the BIR for purposes of VAT refund under Section 112 (A) of the Tax Code shall be submitted by the taxpayer regardless of the identified risk level. Ther determination of the risk level of the VAT refund claim can only be established once the application is officially received by the appropriate BIR processing office, inasmuch as the amount of claim, period covered, frequency of filing, among others, are already ascertained.
    
• Q2: What constitutes the submission of complete documentary requirements for purposes of VAT refund claims and what is the consequences for non-compliance thereof?
  • A2: The submission of complete documentary shall be based on the completeness of documents as enumerated in the Checklist of Mandatory Requirements (Annex A.1). Non-compliance with the completeness of mandatory requirements shall result in the non-acceptance of the VAT refund application.
    
• Q3: With the number of documents required in the said Checklist of Mandatory Requirements which are sometimes voluminous, how can receiving office ensure that all documents are indeed submitted?
  • A3: During checklisting of submitted documents, the receiving offices shall perform the following procedures:
    • Check the completeness and propriety in the accomplishment of the application form for VAT refund particularly those falling under “General Requirements”;
    • Check if the schedules comply with the prescribed format and that the required supporting documents are present but without confirmation if all the indicated transactions (e.g., sales, purchases) are individually supported.
      
      Once all the documentary requirements were checked as submitted, the application for refund is accepted and the cursory checking of the completeness of documents supporting sales and purchases shall be done after acceptance.
      
• Q4: When does the 90-day period to process VAT refund claims start?
  • A4: The 90-day period to process and decide shall start from the time of acceptance of the processing office of the claim/application for VAT refund with complete documentary requirements as a result of the checklisting procedure as discussed in Q&A No. 3.
    
• Q5: What is the difference between the “Checklisting” procedure as compared to “Verification” procedure?
  • A5: checklisting procedure is the initial stage in the processing of VAT refund claims and is limited only to ensuring the completeness of the submitted documentary requirements by the taxpayer-claimant. This includes the procedure being done prior to acceptance of the application and the cursory checking of the supporting documents submitted for sales of goods, sales of services, and purchases, which is done after the acceptance of the application. This supersedes the verification procedures under Item 5 of Annex D.1 (sales of goods), Item 5 of Annex E (sale of services), and Item 3 of Annex F (purchases) under RMO No. 23-2023.
    
    Verification procedure, on the other hand, is the process that ensures the correctness and accuracy of documents, involving thorough examination, evaluation and a deeper level of analysis and investigation. This includes the verification procedures for claims under Section 112(A) of the Tax Code, as amended, as outlined in Annex C.1 of RMO No. 23-2023.
    
• Q6: With the enactment of the EOPT Act, will there be changes in the sequence of processing of VAT refund claims?
  • A6: Yes. VAT refund claims have to be classified as to low-, medium-, or high-risk claims. The sequence in the processing of VAT refund claims shall now be as follows:
    • Checklisting based on the Checklist of Mandatory Requirements;
    • Cursory checking of completeness of supporting documents submitted for sales and purchases of goods and services after the application has been accepted;
    • Determination of the risk level if the claim;
    • Processing and verification for medium and high-risk claims. for low-risk claims, these will be automatically recommended for refund, net of the effect of the sales and purchases that are tagged as “no supporting documents (NSD)”.
      
• Q7: What is the impact of the note “NSD” upon confirmation of the completeness of supporting documents submitted for sales and purchases of goods and purchases of goods and services?
  • A7: Sales and purchases determined to be “NSD” (e.g., a supporting document indicated in the schedules cannot be found in the physical documents submitted) during cursory checking of the completeness of the supporting documents, such “NSD” shall not considered as incomplete submission, but the same shall result in the disallowance of the unsubstantiated portion of the sales or purchases regardless of the risk classification.
    
    However, in the event that the “NSD: for sales and purchases exceeded at least 1% of the total amount of sales (for sale transactions) or total amount of claim (for purchase transactions), the application shall automatically be classified as high-risk and shall require 100% verification.
    
    Example 1: The taxpayer-claimant submitted the following documents in support of its claim for VAT refund amounting to P107,000,000.00:
    

Example 2: The taxpayer-claimant submitted the following documents in support of its claim for VAT refund amounting to P 7,000,000.00:

• Q8: What will the treatment on missing/incomplete information in the schedules of sales and purchases submitted?
  • A8: Applications with missing/incomplete information (e.g., no reference details, incomplete/no transaction details, etc.) in the schedules of sales and purchases shall automatically be classified as high-risk claim and shall require 100% verification pursuant to RMO No. 42 – 2024.
    
• Q9: What is the meaning of “No Verification’ on the scope of verification of Sales and Purchases for “Low-risk” claims?
  • A9: Processing of VAT refund claims classified as low-risk shall be limited only to the checklisting and completeness of documentary requirements under the Checklist of Mandatory Requirements. Verification procedures for sales of goods and services as well as purchases and input tax shall no longer be performed.
    
• Q10: What should the assigned Revenue Officer (RO) do if they notice any potential findings during the processing of VAT refund claims for Low-risk claims?
  • A10: If the assigned Revenue Officer (RO) notices any potential findings during the processing of the VAT refund claims (e.g., possible findings from AFS disclosures, discrepancies in the amounts reported in the VAT returns, etc.), these findings shall be:
    • Endorsed for further verification and/or consolidation with the existing audit if the processing is conducted by an Officer other than the BIR office that has jurisdiction over the claimant; or
    • Incorporate to the existing audit for the taxable year covered by the claim if processed within the same BIR for further verification.
      
      Moreover, the RO shall mention in his/her memorandum report the findings noted and the endorsement for further verification.
      
• Q11: What verification procedures to be observe for “Medium-risk” and “High-risk” claims?
  • A11: For both medium-risk and high-risk claims, the verification procedures outlines in RMO No. 23-2023 shall still apply, with the exception of sales and purchases transactions not included in the required percentage of documents to be verified medium-risk claims.
    
• Q12: What will be the treatment on local suppliers with input VAT claimed that are not selected for verification but are identified as Cannot be Located (CBL) taxpayers and/or included in the Run After Fake transactions (RAFT) program for Medium-risk claims?
  • A12: Input VAT claimed from local suppliers that are not selected for verification but are identified as CBL taxpayers shall not be allowed and shall form part of the disallowance of the claim pursuant to Revenue Memorandum Circular (RMC) No. 29-2023.
    
    Similarly, input VAT claimed from local suppliers not selected for verification but included in the RAFT program shall not be allowed, leading to outright disallowance for those identified suppliers.
    
    The local suppliers identified as CBL taxpayers and/or included in the RAFT program shall be included for disallowance, in addition to the selected suppliers not included thereto.
    
• Q13: What is the effectivity of this Circular?
  • A13: This Circular shall take effect immediately upon posting in the BIR Website.
    Moreover, this shall cover on-going VAT refund claims currently being processed by the appropriate processing office/s and were not endorsed for review by the reviewing offices upon the issuance of this Circular.

By: Garry Pagaspas, CPA

With the advent of advanced technology, sales of goods and services has been automated online worldwide through digitalization without much interaction among buyers and sellers. For buyers, this gave much advantage for being able to acquire goods and services from outside the country, while local suppliers are challenged for competition within and outside Philippines. On the other side, it made the government realized the seemingly inequality on taxation between local suppliers paying taxes on sales while giving undue advantage for non-resident suppliers deriving income through digital platform from Philippine buyers without paying taxes on them in Philippines. These inequalities paved way to the legislation of Republic Act No, 12023 – Value Added Tax (VAT) on Digital Services Law in Philippines (RA 12023 -VAT on Digital Services Philippines) that is aimed to level the playing field among digital service providers – local and foreign. By this present, let us share the basic features of Republic Act No, 12023 – Value Added Tax (VAT) on Digital Services Law in Philippines as follows:

1. Classified and defined digital services and digital services providers

RA 12023 -VAT on Digital Services Philippines now classified digital services as among those services subject to 12% value added tax in Philippines. By definition, “digital services” shall refer to any service supplied over the internet or other electronic network with the use of information technology and where the supply of the service is essentially automated. Digital services shall include online search engines; online marketplace or e-marketplace; cloud services; online media and advertising; online platforms; or digital goods. For the purpose and by implication, digital service providers would refer to those who supply digital services subject to 12% value added tax in Philippines and is further classified as resident or non-resident – those that has no physical presence in Philippines.

In a Press Release of the Department of Finance dated September 28, 2024, it cited among digital service providers some popular streaming services such as Netflix, Disney+, and online shopping sites such as Shein, Temu and Amazon who will now have to pay for VAT on their digital services that are consumed in Philippines.

2. Imposed 12% VAT on non-resident digital services providers consumed in Philippines

Under RA 12023 – VAT on Digital Services Philippines, digital service providers are liable for 12% value added tax on their supply of digital services – whether residents on non-residents. This seems plain and simple for resident digital service providers who have a registered local entity in Philippines while for non-residents, this seems totally new, if not challenging. Accordingly, non-resident digital services providers are now subject to 12% VAT under RA 12023 – VAT on Digital Services Philippines and the following special rules apply:

• if Ph buyer is non-VAT registered, remit 12% VAT to the BIR;
• If Ph buyer is VAT registered, impose 12% VAT and buyer will withhold and remit 12% VAT to BIR;
• If classified as online marketplace or e-marketplace, they will also be liable to remit 12% VAT on transactions on non-resident sellers that go through the platform.

RA 12023 -VAT on Digital Services Philippines specifically provides that non-resident digital service providers are not allowed to claim creditable input VAT.

Notably, prior to RA 12023 -VAT on Digital Services Philippines, 12% VAT on services of non-residents normally apply to those services being rendered in the Philippines, regardless of whether they are regularly rendered in Philippines. Under RA 12023 -VAT on Digital Services Philippines, digital services of non-residents through their digital platforms are considered services performed in Philippines if such services are consumed in the Philippines.

3. Imposed further tax compliance obligations on non-resident digital services providers

RA 12023 -VAT on Digital Services Philippines requires the following tax compliance obligations upon non-resident digital services providers:

• Registration as VAT taxpayer in Philippines and for the purpose, BIR is to establish simplified automatic registration system for non-resident digital service providers. On comment, I would suppose this should be based on VAT threshold (e.g. PhP3M) under the rules.
• Registering and maintaining books of accounts relative to its registration, but not required subsidiary sales and purchases journal that is usually required for VAT registered taxpayers in Philippines.
• Registering and issuance of Sales Invoice for digital services to Philippine buyers with the following specified details that should indicates on the sales invoice in lieu of the requirements under Section 113(b) paragraphs 1 to 4: Date of the transaction; transaction reference number; Identification of the customer; brief description of the transaction, and the total amount with the indication that such amount includes the VAT.

Notably, penalties would be imposed for non-compliance of the above by the digital service providers in Philippines.

4. VAT exemption on digital services in Philippines

While RA 12023 -VAT on Digital Services Philippines imposes 12% VAT on digital services consumed in Philippines, it nevertheless imposed the following exemptions:

• digital services with respect to sale of online subscription-based services to DepEd, CHED and TESDA and to Ph educational institutions duly accredited by such agencies; and,
• services of banks, non-bank financial intermediaries and other non -bank financial intermediaries rendered through digital platforms.

5. Ph local buyers’ obligation to withhold VAT on payments to digital service providers

Considering the peculiarity of non-residents who do not have physical presence, RA 12023 -VAT on Digital Services Philippines imposed the following withholding tax obligations to local buyers in the Philippines:

• Withhold of 12% VAT on non-registered non-resident digital service providers for payments by government or any of its political subdivisions, instrumentalities or agencies including government owned and controlled corporations (GOCCs); and,
• Withholding of 12% VAT of VAT registered buyers in the Philippines.

Notably, the above are added withholding tax obligations imposed under RA 12023 -VAT on Digital Services Philippines while the rest of the withholding VAT rules would seem to remain in place such as 5% creditable VAT on government money payments to local VAT suppliers.

6. Funding for the development of creative industry in Philippines

Under RA 12023 -VAT on Digital Services Philippines 5% of incremental VAT revenues on digital services for the first five (5) years from effectivity of the law will be allocated and exclusive used for the development of creative industries in the Philippines.

7. Eyed to generate PhP80B to PhP145 B of revenues for 2025 to 2028.

As Sec of Finance puts it during its Press Release dated Sept. 28, 2024, RA 12023 – VAT on Digital Services Law in Philippine projects around PhP80B to PhP145B of VAT revenues for the period 2025 to 2028, depending on the compliance of digital services providers and related taxpayers.  

8. Power to block digital services of non-residents in coordination with DICT through NTC

RA 12023 -VAT on Digital Services Philippines provides that the power of the Commissioner of Internal Revenue to suspend operations shall include the blocking of digital services performed or rendered in the Philippines by a digital service provider which shall be implemented by the Department of Information and Communications Technology (DICT) through the National Telecommunications Commission (NTC).

Disclaimer.

The above features are lifted from the author’s understanding and personal take of the provisions of RA 12023 -VAT on Digital Services Philippines summarized for better appreciation of its provisions. The author suggests reading through the provisions of RA 12023 -VAT on Digital Services Philippines and watch-out for the implementing rules to be issued soon for further details.

Author’s Profile:

Garry Pagaspas, CPA is a currently the Managing and Tax Partner of G. Pagaspas Partners & Co. CPAs (independent member firm of Allinial Global, 2^nd largest accounting association worldwide based on International Accounting Bulletin’s 2023 released survey) based in Makati City with Global Outsourcing offices in Kalibo, Aklan. He is likewise the President at Tax and Accounting Center, Inc., the training and consulting company he founded in relation to his passion for teaching and helping out Ph entrepreneurs and foreign investors to Philippines.

Views in this article is personal to the author, not equivalent to a professional opinion and does not represent that of the organizations he is connected with. For your feedback or related concerns on staff leasing or employer of record in Philippines, you may send mail at info(@)taxactgcenter.ph (please exclude open and close parenthesis on the @ sign.

H. No. 4122

S. No. 2528

Republic of the Philippines

Congress of the Philippines

Metro Manila

Nineteenth Congress

Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-second day of July, two thousand twenty-four.

[Republic Act No. 12023]

AN ACT AMENDING SECTIONS 105, 108, 109, 110, 113, 114, 115, 128, 236, AND 288 AND               ADDING NEW SECTIONS 108-A AND 108-B OF THE NATIONAL INTERNAL REVENUE CODE OF 1997, AS AMENDED

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled;

SEC 1. Section 105 of the National Internal Revenue Code of 1997, as amended, is hereby amended to read as follows:

Sec. 105. Persons Liable. – Any person who, in the course of trade or business, sells, barters, exchanges, leases goods or properties, renders services, including digital services, and any person who imports goods shall be subject to the value-added tax imposed in Sections 106 to 108 of this Code.

“The value-added tax is an indirect tax and the amount of tax may be shifted or passed on to the buyer, transferee or lessee of the goods, properties or services. This rule shall likewise apply to existing contracts of sale or lease of goods, properties or services at the time of the effectivity of Republic Act No. 7716.

“The phrase ‘in the course of trade or business’ means the regular conduct or pursuit of a commercial or an economic activity, including transactions incidental thereto,  by any person regardless of whether or not the person engaged therein is a nonstock, nonprofit private organization (irrespective of the disposition of its net income and whether or not it sells exclusively to members or their guests), or government entity.

“The rule of regularity, to the contrary notwithstanding, services as defined in this Code rendered in the Philippines by nonresident foreign persons shall be considered as being rendered in the course of trade or business: Provided, That digital services delivered by nonresident digital service providers shall be considered performed or rendered in the Philippines if the digital services are consumed in the Philippines.”

SEC 2. Section 108 of the National Internal Revenue Code of 1997, as amended, is hereby further amended to read as follows:

“Sec. 108. Value-added Tax on the Sale of Services, Including Digital Services, and the Use or Lease of Properties. –

“(A) Rate and Base of Tax. – There shall be levied, assessed and collected, a value-added tax equivalent to twelve percent (12%) of the gross sales derived from the sale or exchange of services, including digital services, and the use or lease of properties.           

“The phrase ‘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 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, rest houses, 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 relative to their transport of goods or cargoes; 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; sales of electricity by generation companies, transmission by any entity, and distribution companies, including electric cooperatives; services of franchise grantees of electric utilities, telephone and telegraph, radio and television broadcasting and all other franchise grantees except those under Section 119 of this Code, and non-life insurance companies (except their crop insurances), including surety, fidelity, indemnity and bonding companies; digital service providers,; and 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 likewise include:

“(1) x x x;

“(2) x x x;

“(3) x x x;

“(4) x x x;

“(5) x x x;

“(6) x x x;

“(7) The supply of digital services;

“(8) The lease of motion picture films, films, tapes, and discs; and

“(9) The lease or the use of or right to use radio, television, satellite transmission, and cable television time.

“Lease of properties shall be subject to the tax herein imposed irrespective of the place where the contract of lease or licensing agreement was executed if the property is leased or used in the Philippines. “x x x.”

SEC. 3. A new section designated as Section 108-A under Chapter I, Title IV, of the National Internal Revenue Code of 1997, as amended, is hereby inserted to read as follows:

“Sec. 108-A. Liability of Persons Providing Digital Services. – The digital service provider, whether resident or nonresident, shall be liable for assessing, collecting, and remitting the value-added tax on the digital services consumed in the Philippines, subject to the provision on withholding of value-added tax on digital services under Section 114(D).

“When used in this title:

“(a) The term ‘digital service’ shall refer to any service that is supplied over the internet or other electronic network with the use of information technology and where the supply of the service is essentially automated. Digital service shall include:

“(1) Online search engine;

“(2) Online marketplace or e-marketplace;

“(3) Cloud service;

“(4) Online media and advertising;

“(5) Online platform; or

“(6) Digital goods.

“(B) The term ‘digital service provider’ refers to a resident or nonresident supplier of digital services to a consumer who uses digital services subject to value-added tax in the Philippines. “(C) The term ‘nonresidential digital service provider’ means a digital service provider that has no physical presence in the Philippines.”

SEC. 4. A new section designated as Section 108-B under Chapter I, Title IV, of the National Internal Revenue Code of 1997, as amended, is hereby inserted to read as follows:

“Sec. 108-B. Liability of a Nonresident Digital Service Provider to Withhold and Remit Value-Added Tax. – A nonresident digital service provider required to be registered for value-added tax (VAT) under Section 236 (F) of this Code shall be liable for the remittance of value-added tax on the digital services that are consumed in the Philippines if the consumers are non-VAT registered: Provided, That if the consumers are VAT-registered, the provision of Section 114(D) shall apply.

Ïf a VAT-registered nonresident digital service provider is classified as an online marketplace or e-marketplace, it shall also be liable to remit the value-added tax on the transactions of nonresident sellers that go through its platform: Provided, That it controls key aspects of the supply and performs any of the following:

“(a) It sets, either directly or indirectly, any of the terms and conditions under which the supply of goods is made; or

“(b) It is involved in the ordering or delivery of goods, whether directly or indirectly.

SEC. 5. Section 109 of the National Internal Revenue Code of 1997, as amended, is hereby further amended to read as follows:

“Sec. 109. Except Transaction. –

“The following transactions shall be exempt from the value-added tax:

“(A) x x x

“(B) x x x

“(C) x x x

“(D) x x x

“(E) x x x

“(F) x x x

“(G) x x x

“(H) Educational services, including online courses, online seminars, and online trainings, rendered by private educational institutions, duly accredited by the Department of Education (DepEd), the Commission on Higher Education (CHED), the Technical Education and Skills Development Authority (TESDA), and those rendered by government educational institutions; and sale of online subscription-based services to DepEd, CHED, TESDA, and educational institutions recognized by said government agencies;

“(I) x x x

“(J) x x x

“(K) x x x

“(L) x x x

“(M) x x x

“(N) x x x

“(O) x x x

“(P) x x x

“(Q) x x x

“(R) x x x

“(S) x x x

“(T) x x x

“(U) x x x

“(V) Services of bank, non-bank financial intermediaries performing quasi-banking functions, and other non-bank financial intermediaries, including those rendered through different digital platforms;

“(W) x x x

“(X) x x x

“(Y) x x x

“(Z) x x x

“(AA) x x x

“(BB) x x x

“(CC) x x x.”

SEC. 6. Section 110 of the National Internal Revenue Code of 1997, as amended, is hereby further amended to read as follows:

Sec. 110. Tax Credits. –

“(A) Creditable Input Tax. –

“(1) x x x

“(2) The input tax on domestic purchase or importation of goods or properties by a VAT-registered person shall be creditable:

“(a) To the purchaser upon consummation of sale and on importation of goods or properties; and

“(b) To the importer upon payment of the value-added tax prior to the release of the goods from the custody of the Bureau of Customs.

“Provided, That the input tax on goods purchased or imported in a calendar month for use in trade or business for which deduction for depreciation is allowed under this Code shall be spread evenly over the month of acquisition and the fifty-nine(59) succeeding months if the aggregate acquisition cost for such goods, excluding the VAT component thereof, exceeds One million pesos (P1,000,000): Provided, however, That if the estimated useful life of the capital good is less than five (5) years, as used for depreciation purposes, then the input VAT shall be spread over such a shorter period: Provided, further, That the amortization of the input VAT shall be allowed until December 31, 2021 after which taxpayers with unutilized input VAT on capital goods purchased or imported shall be allowed to apply the same as scheduled until fully utilized: Provided, finally, That in the case of purchase of services, lease r use of properties, the input tax shall be creditable to the purchaser, lessee or licensee upon payment of the compensation, rental, royalty or fee.

“Notwithstanding the foregoing, nonresident digital service providers shall not be allowed to claim creditable input tax.

“x x x.”

SEC. 7. Section 113 of the National Internal Revenue Code of 1997, as amended, is hereby further amended to read as follows:

“Sec. 113. Invoicing and Accounting Requirements for VAT-Registered Persons. –

“(A) Invoicing Requirement. – A VAT-registered person shall issue a VAT invoice for every sale, barter, exchange, or lease of goods or properties, and for every sale, barter, or exchange of services: Provided, That a digital sales or commercial invoice shall be issued for every sale, barter, or exchange of digital services made by a VAT-registered nonresident digital service provider.

“(B) Information Contained in the VAT Invoice. –  x x x

“(1) x x x

“(2) x x x

“(3) x x x

“(4) x x x

“(5) The digital sales or commercial invoice issued by a VAT-registered nonresident digital service provider shall indicate the following information in lieu of the requirements under Section 113, Subsection (b), paragraph 1 to 4:

“(a) Date of the transaction;

“(b) Transaction reference number;

“(c) Identification of the customer

“(d) Brief description of the transaction; and

“(e) The total amount with the indication that such amount includes the value-added tax:

“Provided, That if the sale of digital services includes some services which are subject to VAT, and some that are VAT zero-rated, or VAT-exempt, the invoice shall clearly indicate the breakdown of the sale price by its taxable, VAT-exempt, and VAT zero-rated components: Provided, further, That the calculation of the value-added tax on each portion of the sale shall be shown on the invoice.

“(C) Accounting Requirements – Notwithstanding the provisions of Section 233, all persons subject to the value-added tax under Section 106 and 108 shall, in addition to the regular accounting records required, maintain a subsidiary sales journal and subsidiary purchase journal on which the daily sales and purchases are recorded. The subsidiary journals shall contain such information as may be required by the Secretary of Finance: Provided, That this subsection shall not apply to VAT-registered nonresident digital service providers.

“(D) x x x

“(E) x x x

SEC. 8. Section 114 of the National Internal Revenue Code of the 1997, as amended, is hereby further amended to read as follows:

“Sec. 114. Return and Payment of Value-Added Tax. –

“(A) In General. – x x x

“(B) Where to Fil the Return and Pay the Tax. – x x x

“(C) Withholding of Value-Added Tax. – The Government or any of its political subdivisions, instrumentalities or agencies, including government-owned or –controlled corporations (GOCCs) shall, before making payment on account of each purchase of goods and services which are subject to the value-added tax imposed in Sections 106 and 108 of this Code, deduct and withhold a final value-added tax at the rate of five percent (5%) of the gross payment thereof: Provided, That beginning January 1, 2021, the VAT withholding system under this subsection shall shift from final to a creditable system: Provided, further, That the payment for lease or use of properties or property rights to nonresident owners and payments for services to nonresident suppliers who are not registered under Section 236 shall be subject to twelve percent (12%) withholding tax at the time of payment: Provided, finally, That payments for purchases of goods and services arising from projects funded by Official Development Assistance (ODA) as defined under Republic Act No. 8182, otherwise known as the ‘Official Development Assistance Act of 1996” as amended, shall not be subject to the final withholding tax system as imposed in this subsection. For purposes of this section, the payor or person in control of the payment shall be considered as the withholding agent.

“(D) Reverse Charge Mechanism in Digital Services. – A VAT-registered taxpayer shall be liable to withhold and remit the value-added tax due on its purchase of digital services consumed in the Philippines from nonresident digital service providers to the Bureau of Internal Revenue, within (10) days following the end of the month the withholding was made.”

SEC. 9. Section 115 of the National Internal Revenue Code of 1997, as amended, is hereby further amended to read as follows:

“Sec. 115. Power of the Commissioner to Suspend the Business Operations of a Taxpayer. – x x x

“(a) x x x –

“(1) x x x

“(2) x x x

“(3) x x x

“(b) Failure of any Person to Register as Required under Section 236.

“The temporary closure of the establishment shall be for the duration of not less than five (5) days and shall be lifted only upon compliance with whatever requirements prescribed by the Commissioner in the closure order,

“The power of the Commissioner to suspend shall include the blocking of digital services performed or rendered in the Philippines by a digital service provider. This shall be implemented by the Department of Information and Communications Technology (DICT), through the National Telecommunications Commission (NTC).”

SEC. 10. Section 128 of the National Internal Revenue Code of 1997, as amended, is hereby further amended to read as follows:

“Sec. 128. Returns and Payment of Percentage Taxes. –

“(A) Returns of Gross Sales or Earnings and Payment of Tax. –

“(1) Persons Liable to Pay Percentage Taxes. – Every person subject to the percentage taxes imposed under this Title shall file, either electronically or manually, a quarterly return of the amount of the person’s gross sales or earnings and pay, either electronically or manually, to any authorized agent bank, Revenue District Office through Revenue Collection Officer or authorized tax software provider, the tax due thereon within twenty-five (25) days after the end of each taxable quarter: Provided, That the Secretary of Finance may, upon the recommendation of the Commissioner, require the withholding of percentage taxes imposed under this Title: Provided, further, That in the case of a person whose VAT registration is cancelled and who becomes liable to the tax imposed in Section 116 of this Code, the tax shall accrue from the date of cancellation and shall be paid in accordance with the provisions of this section.

“(2) Person Retiring from Business. – Any person retiring from a business subject to percentage tax shall notify the nearest internal revenue officer, file, either electronically or manually, the person’s return and pay, either electronically or manually the tax due thereon within twenty (20) days after closing the business.

“(3) Determination of Correct Sales. – When it is found that a person has failed to issue invoices, or when no return is filed, or when there is reason to believe that the books of accounts or other records do not correctly reflect the declarations made or to be made in a return required to be filed under the provisions of this Code, the Commissioner, after taking into account the sales or other taxable base of other persons engaged in similar businesses under similar situations or circumstances, or after considering other relevant information, may prescribe a minimum amount of such gross sales and taxable base and such amount so prescribed shall be prima facie correct for purposes of determining the internal revenue tax liabilities of such person.

“(B) Where to File. – x x x”

SEC. 11. Section 236 of the National Internal Revenue Code of 1997, as amended, is hereby further amended to read as follows:

Sec. 236. Registration Requirements. –

“(A) x x x

“(B) x x x

“(C) x x x

“(D) x x x

“(E) x x x

“(F) Persons Required to Register for Value-Added Tax. –

“(1) Any person who, in the course of trade or business, sells, barters, exchanges, or leases goods or properties, including those digital in nature, any person who renders services, including digital services, or engages in the sale or exchange of services, shall be liable to register, either electronically or manually, for value-added tax if:

“(a) The person’s gross sales for the past twelve (12) months, other than those that are exempt under Section 109 (A) to (CC), have exceeded the threshold as provided in Section 109 (CC); or

“(b) There are reasonable grounds to believe that the gross sales for the next twelve (12) months, other than those that are exempt under Section 109 (A) to (CC), will exceed the threshold as provided in Section 109 (CC):

“Provided, That the BIR shall establish a simplified automated registration system for nonresident digital service providers, which shall be prescribed by the Secretary of Finance, upon the recommendation of the Commissioner.

“x x x.”

SEC. 12. Section 288 of the National Internal Revenue Code of 1997, as amended, is hereby further amended to read as follows:

“Sec. 288. Disposition of Incremental Revenues. – x x x

“(H) Incremental Revenues from the Value-added Tax on Digital Service Providers. – Five percent (5%) of the incremental revenue from the value-added tax on digital service providers under Section 108 shall be allocated to and used exclusively for the development of creative industries, as defined under Republic Act No. 11904, otherwise known as the “Philippine Creative Industries Development Act,” for five (5) years from the effectivity of this Act

“Upon the lapse of the five (5) year period, all such incremental revenues shall accrue to the General Fund.”

SEC. 13. Mode of Correspondence. – Any communication, notice, or summons to a nonresident digital service provider can be made via electronic mail messaging.

SEC. 14. Transitory Clause. – Nonresident digital service providers shall immediately be subject to value-added tax under this Act after one hundred twenty (120) days from the effectivity of the implementing rules and regulations.

SEC. 15. Implementing Rules and Regulations. – The Department of Finance (DOF), upon the recommendation of the BIR, and in coordination with the DICT and the NTC, and upon consultation with the stakeholders, shall issue rules and regulation for the effective implementation of this Act not later than ninety (90) days from the effectivity of this Act.

SEC. 16. Separability Clause. – Should any provision of this Act or any part thereof be declared invalid, the other provisions, so far as they are separable from the invalid ones, shall remain in force and effect.

SEC. 17. Repealing Clause. – All laws, decrees, orders, and issuances, or portions thereof, which are inconsistent with the provisions of this Act, are hereby repealed, amended, or modified accordingly.

Approved,

FRANCIS “CHIZ” G. ESCUDERO                                  FERDINAND MARTIN G. ROMUALDEZ

     President of the Senate                                               Speaker of the House of  Representatives 

This Act, which is a consolidation of House Bill No. 4122 and Senate Bill No.  2528, was passed by the House of Representatives and the Senate of the Philippines on July 30, 2024, and July 29, 2024, respectively.

RENATO N. BANTUC JR.                                                 REGINALD S. VELASCO

Secretary of the Senate                                          Secretary General, House of Representatives  

 Approved: October 02, 2024

Prescribing Policies and Guidelines in the Mandatory Registrations of Persons Engaged in Business and Administrative Sanctions and Criminal Liabilities for Non-Registration

Section 1 Scope – Pursuant to the provisions of Sections 244 and 245 of the National Internal Revenue Code of 1997, as amended (Tax Code), these Regulations are hereby promulgated to prescribe guidelines, procedures, and requirements for the implementation of the mandatory registration of persons engaged in business, including brick-and-mortar stores and online trade or business pursuant to Sections 236(A) of the Tax Code and Republic Act No. 11967, otherwise known as the Internet Transactions Act of 2023.

Section 2 Background – Section 236(A) of the Tax Code, provides that every person subject to any internal revenue tax shall register once, either electronically or manually, with the Bureau of Internal Revenue (BIR):

• Within ten (10) days from date of employment; or
• On or before the commencement of business; or
• Before payment of any tax due; or
• Upon filing of a return, statement or declaration as required under the Tax Code.

Consequently, any person who is engaged in any trade or business in the Philippines and fails to register the same with the BIR shall be administratively and criminally liable for fines and penalties. Also, any person who willfully aid or abets in the commission of a crime penalized under the Tax Code or who causes the commission of any such offense by another shall be liable in the same manner as the principal pursuant to section 253 (b) of the Tax Code.

In case of associations, partnerships or corporations, the penalty shall be imposed on the partner, president, general manager, branch manager, treasurer, officer-in-charge, and employees responsible for the violation.

In addition, it has been observed that there have been proliferation of online businesses and activities in the Philippines. Hence, the Internet Transactions Act of 2023 was issued, which provides that in order to build trust in e-commerce and to protect and uphold the interest of consumers at all times, persons engaged in online trade or business shall observe and comply with the policies, laws and regulations in the countries where their goods and services are marketed, which necessarily includes, the registration of online trade or business with the BIR, filing of proper tax returns and payment or applicable internal revenue taxes.

Section 3 Coverage – These Regulations shall cover persons, whether natural or juridical, who are engaged in the following trade or business in the Philippines:

• Sale and/or lease of goods and services through brick-and-mortar stores;
• E-commerce or online businesses, whether formal or informal, including, but not limited to sale, procurement, or availment of physical or digital goods 9including virtual items in online games), digital content/products, digital financial services, entertainment services, travel services, transport and delivery services, and educational services, social commerce, on-demand labor and repair services, and property and space rentals;
• Operation of digital platforms, including e-marketplace platforms;
• Sale and/or lease of goods and services through digital platforms;
• Digital content creation and streaming that are income generating including, but not limited to, online advertising, blogging/vlogging, subscription or commission;
• E-retailing of goods and services;
• Sale of creative or professional services, on-demand or freelance services or digital services supplied over the internet; and
• Other forms of business other than those mentioned above which are conducted online.

Section 4. Definition of Terms – In applying the provisions of these Regulations, the following terms shall be defined as follows:

• Business Operations – refers to any act of engaging in commerce in any form, whether online or not, including, but not limited to, acquiring developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.
• Brick-and-Mortar Stores – refers to physical retail establishments, operating from a fixed location, where consumers/costumers can visit in person to purchase and/or lease goods and/or services.
• Closure/Take Down Order – refers to the order issued by the Commissioner of Internal Revenue (CIR) or his/her duly authorized representative to: (i) physically close the doors or other means of ingress/egress of the establishment, and the sealing thereof, with the appropriate security devices (padlocks, etc.) and the BIR’s official seal; or (ii) take down or restrict the usage of the website, webpage, account, page, platform, or application used in the conduct of trade or business in order to prohibit covered persons from selling, posting, listing or offering goods and/or services for sale and/or lease.
• Content Creation – refers to the business of publishing or producing entertaining (e.g live streamers, online game streamers, vloggers, etc.) or educational content or material for digital channels such as websites, social media and video platforms or through any medium or channel for subscription, for a fee or for free but receiving payment or generates revenue from their content or monetizing their personal brand.
• Digital content/product – refers to data which is produced and supplied in electronic platform, such as data that is digitally broadcasted, streamed or contained in computer files.
• Digital financial services – refer to services of a financial nature that are made available to the public through the internet, including banking services, insurance and insurance-related services, payment and money transmission services, remittance services, lending services, investment services, and other similar or related services.
• Digital Platforms – refer to information and communication technology-enabled mechanisms that connect and integrate producers and users in online environments where goods and services are requested, developed, and sold and data is generated and exchanged such as, but not limited to, e-commerce, digital services, food delivery, transport, travel, education, healthcare, and logistics.
• Digital Services – refer to services that are delivered and accessed using digital infrastructure or based on communications and information technology, which encompasses the services of e-market, web search and/or cloud computing.
• Educational service – refers to services designed to promote, impart, share, source, or review knowledge, and to those intended to assist, facilitate, or improve learning through an online platform, application, website, webpage, social media account, or other similar platform operated by the provider for profit, regardless of whether the provider is authorized to engaged in e-Commerce in the Philippines. It covers four categories: Primary education services, Secondary education services, Tertiary education services and Adult education.
• E-Marketplace – refers to digital platforms whose business is to connect online consumers with online merchants, facilitate and conclude the sales, process the payment of the products, goods, or services through the platform, or facilitate the shipment of goods or provide logistics services and post-purchase support within such platforms, and otherwise retains oversight over the consummation of the transaction. These shall include social media marketplaces or other platforms insofar as they retain oversight over the consummation of the transaction.
• E-retailing – refers to selling goods or services directly to online consumers primarily through internet via application, webpage, or its own website.
• Facility – may include but not limited to place of production, showroom, warehouse, storage place, garage, bus terminal, or real property for lease with no sales activity.
• Lessor – refers to any person, whether natural or juridical, who owns or controls the commercial space and leases it out to another party, which is the lessee.
• Lessee – refers to any person who rents or leases commercial space from the property owner or lessor.
• On-demand Services – refer to services that are available whenever a customer requests them, rather than being provided on a fixed schedule such as, but not limited to, ride-sharing, food delivery, grocery delivery, home services (like cleaning or repairs), and streaming entertainment.
• Online Advertising Services – refers to online or web-advertising services (e.g. banner ad, side bar ad and pop-up ad) or sale of advertising or time.
• Online business – refers to any commercial activity over the internet, whether buying or selling goods and/or services directly to consumers or through a digital platform, or any business that facilitates commercial transaction over the internet between businesses and consumers. Online businesses shall include e-commerce platforms, e-marketplace, online sellers/merchants and e-retailers.
• Online Freelance Services – refer to work or services provided by individuals who are self-employed (freelancer) and offer their skills, expertise, or services to clients through digital platforms or online channels.
• Online travel services – refer to services that facilitate the reservation, purchase or discounting of flights, hotel accommodations, and vacation rental spaces, through an online platform, application, website, webpage, social media account, or other similar platform operated by the provider, regardless of whether the provider is authorized to engage in e-commerce in the Philippines.
• Online sellers or Merchants – refer to a person selling non-financial goods or services to online consumers through an e-marketplace or third-party digital platform. An e-retailer shall also be considered an online merchant if it offers the same goods or services outside its own website through a third-party digital platform and the online consumer purchases, leases, subscribes to, or obtains the service of the e-retailer through the said third-party platform.
• Social Commerce – refers to a segment of e-commerce in which merchants or individuals sell goods, products, services, or receive monetization in cash, directly through social media platforms or social networks.
• Store Name – refers to primary identifier for the seller’s brand or business within the website, webpage, account, page, platform or application.
• Trade or business – refers to any activity carried on for the production of income or profit from selling and/or leasing of goods or properties, and/or performing services.
• Transport and Delivery Services – refer to the delivery services of food, goods or other merchandise, or of personal transport services and other courier services, contracted through an online platform, application, website, webpage, social media account, or other similar platform operated by the provider, regardless of whether the provider is authorized to engaged in e-commerce in the Philippines.
• Virtual Items in Online Games – refers to goods or items played/used over an internet online application or computer network that allows single and/or multiple players to interact simultaneously in real time and form social communities within a game environment.

Section 5. Registration – All persons covered by these Regulations shall register with the BIR following the guidelines set forth under the Tax Code and relevant revenue issuances. Failure to register shall be subject to administrative penalties and criminal liabilities provided hereunder. The following guidelines shall be adhered to:

• A person engaged in the sale and/or lease of goods and services through Brick-and-Mortar Stores shall register its head office at the BIR district office having jurisdiction over the place of business address. Meanwhile, any branch and/or facility shall be registered with the BIR district office having jurisdiction over the place of business address or location of the branch and/or facility shall be registered with the BIR district office having jurisdiction over the place of business address or location of the branch and/or facility.
• A person operating, maintaining or setting up an online presence (within the context of these Regulations) or an online store for its Brick-and-Mortar Store shall register its Store Name with the BIR as an additional “business name” attached to the head office or branch managing or operating the said online store or business, and shall not be registered as branch.
• A person engaged in the sale and/or lease of goods and services through website, webpage, page, platform or application who do not have a Brick-and-Mortar Store shall register at the BIR district office having jurisdiction over the place of residence of individuals or principal place of business registered with the Securities and Exchange Commission (SEC) for juridical entities.

Section 6. Posting of Certificate of Registration – All registered persons covered by these Regulations shall post or exhibit their original Certificate of Registration (COR)/Electronic Certificate of Registration (eCOR) at the place where the business is conducted and at each branch and/or facility in a way that is clearly and easily visible to the public. In case of a peddler or other persons not having a fixed place of business, the COR/eCOR shall be kept in the possession of the holder thereof at the place of the residence or at the head office’s address, if applicable, subject to production upon demand of any internal revenue officer.

Section 7. Posting of Proof Registration on Online Websites, E-Commerce or E-Marketplace Seller/Merchant’s Page and other Platforms. – All covered persons operating a business through a website, social media or any digital or electronic means, shall display conspicuously the electronic copy of the BIR COR/eCOR on their website, webpage, account, page, platform or application. The displayed proof of registration shall be (at all times) easily accessible and visible to buyers or customers visiting the seller or lessor’s webpage, account, page, platform or application.

Section 8. Suspension of Business Operations – The CIR or his/her duly authorized representative shall, upon verification that any covered person doing business in the Philippines but fails to register as required under these Regulations, has the authority to issue a Closure/Take Down Order to close the business operations of such covered persons engaged in business.

The closure of business operations under a duly approved Closure/Take Down Order shall not preclude the BIR from filing the appropriate charges, if evidence so warrants, against the person concerned, or in the case of corporate taxpayers, against the responsible officers of the corporation, under the Run After Tax Evaders (RATE) Program of the BIR.

Section 9. Duration of Closure/Take Down Order. – The Closure/Take Down Order shall not be less than five (5) days and shall be lifted only upon compliance with the requirements stated in Section 5 of these Regulations and as may be further prescribed by the CIR or his/her authorized representative/s in the Closure/Take Down Order.

Section 10. Lifting of the Closure/Take Down Order – The Closure/Take Down Order shall only be lifted if the BIR has validated that the violation/s stated in the Closure/Take Down Order have been rectified and the person has complied with all the requirements stated in Section 5 of these Regulations and as may be further prescribed by the CIR or his/her duly authorized representative/s following the procedure under the existing laws, rules and regulations.

Section 11. Responsibility of Lessors, Digital Platforms, including E-marketplaces. – Lessors, sub-lessors of commercial establishments/buildings/space, and operators of digital platform, including e-marketplace platforms, shall ensure that all their respective lessees and online sellers or merchants are duly registered with the BIR, with Taxpayer Identification Number, and duly compliant with the invoicing requirements and in accordance with Sections 236, 237 and 238 of the Tax Code.

Failure to enact, strictly enforce internal mechanisms or rules to prohibit lessees and online sellers or merchants without the required BIR COR/eCOR from further selling, posting, listing or offering goods, and/or services in their respective Brick-and-Mortar Stores, website, webpage, account, application, and digital platforms, including e-marketplaces, shall be constructed as an act of aiding or abetting in the offense.

The owners or sub-lessors of commercial establishments/building/spaces shall continue to submit its existing reportorial requirements under existing Revenue Regulations. Digital platforms, including e-marketplaces, shall submit any required information upon request from the CIR or his/her duly authorized representative.

Section 12. Reportorial Requirements – Reports on all Closure/Take Down Orders issued and/or executed and the lifting of Closure/Take Down Orders shall be submitted by all implementing offices of the Bureau on a regular basis to the CIR, or his/her duly authorized representative.

Section 13. Penalty – Any person found violating Section 236(A) in relation to the enumerated provisions of the Tax Code shall be liable as follows:

Section 14. Separability Clause – If any provision of these Regulations is declared invalid by a competent court, the remainder of these Regulations or any provisions not affected by such declaration of invalidity shall remain in force and effect.

Section 15. Repealing Clause – The provisions of any regulations, rulings or orders, or portions thereof which are inconsistent with the provisions of these Regulations are hereby revoked, repealed or amended accordingly.

Section 16. Effectivity Clause – These Regulations shall take effect fifteen (15) days after publication in the Official Gazette, Bureau’s official website or in any newspaper of general circulation, whichever comes earlier.

Implementing the amendments Introduced by Republic Act No. 11976, Otherwise Known as the “Ease of Paying Taxes Act”, on the Relevant Provisions of Title IV – Value-Added Tax (VAT) and Title V – Percentage Tax of the National Internal Revenue Code of 1997, as amended (Tax Code)

Amendments – The following words, phrases, or actions shall now be uniformly applied to the provisions affected under Revenue Regulations (RR) No. 16-2005 and its subsequent amendments:

• Gross Sales – The EOPT Act adopts the accrual basis of recognizing sales for both sales of goods and services, including transactions to government or any of its political subdivisions, instrumentalities or agencies, and government-owned or – controlled corporations (GOCCs). Hence, all references to “gross selling price”, “gross value in money”, and “gross receipts” shall now be referred to as the “GROSS SALES”, regardless of whether the sale is for goods under Section 106 or for services under Section 108 if the Tax Code.
• Invoice – Inasmuch as there is a shift from cash basis to accrual basis for sale of service, the EOPT Act mandates a single document for both sales of goods and services. Hence, all references to Sales/Commercial Invoices or Official Receipts shall now be referred to as “INVOICE”.
• Billings for sales of service on account. – With the shift from cash basis to accrual basis fro sale of service, all references to receipts or payments which was previously the basis for the recognition of sales of service under Title IV (Value-Added Tax) and Title V (Percentage Tax) of the Tax Code, shall now be referred to as “BILLING” or “BILLED”, whichever is applicable.
• VAT-exempt threshold. – The EOPT Act re-introduced the regular updating of the VAT-exempt threshold every three (3) years pursuant to Section 109(CC), in relation to Section 116 of the Tax Code. Hence, all provisions mentioning the VAT-exempt threshold of three million pesos (P3,000,000.00) shall now be read as “the amount of VAT threshold herein stated shall be adjusted to its present value every three (3) years using the Consumer Price Index (CPI), as published by the Philippine Statistics Authority (PSA)”.
• Filing and Payment. – The filing of tax return shall be done electronically in any of the available electronic platforms. However, in case of unavailability of the electronic platforms, manual filing of tax returns shall be allowed. For tax payment with corresponding due dates, the same shall be made electronically in any of the available electronic platforms or manually to any AABs and RCOs.

Specific Amendments to Sale or Exchange of Service Under Section 108 of the Tax Code. – Section 4.108-1, 4.108-4, and 4.108-6 of RR No. 16-2005, as amended, shall now be read as follows:

“SEC. 4.108-1. VAT on the Sale of Services and Use or Lease of Properties. – Sale or exchange of services, as well as the use or lease of properties, as defined in Section 108(A) of the Tax Code shall be subject to VAT, equivalent to twelve percent (12%) of the gross sales (excluding VAT).”

“SEC. 4.108-4. Definition of GrossSales. – ‘Gross sales’ refers to the total amount of money or its equivalent representing the contract price, compensation, service fee, rental or royalty, including the amount charged for materials supplied with the services during the taxable period for the services performed for another person which the purchaser pays or is obligated to pay to the seller in consideration of the sale, ,barter, or exchange of services that has already been rendered by the seller and the use or lease of properties that have alredy been supplied by the seller, excluding VAT and those amounts earmarked for payment to third (3rd) party or received as reimbursement for payment on behalf of another which do not redound to the benefit of the seller as provided under relevant laws, rules or regulations: Provided, that for long-term contracts for a period of one (1) year or more, the invoice shall be issued on the month in which the service, or use or lease of properties is rendered or supplied.”

“SEC 4.108-6. Allowable Deductions from Gross Selling Price. – In computing the taxable base during the quarter, the following shall be allowed as deductions from gross sales:

• The value of services rendered for which allowances were were granted by a VAT-registered person during the quarter in which a refund is made or a credit memorandum of refund is issued.
• Sales discount granted anf indicated in the invoice at the time of sale and the grant of which is not dependent upon the happening if a future event may be excluded from the gross sales within the same quarter it was given.”

Specific Amendments to VAT-Exempt Transactions – Section 4.109(B)(cc) of RR No. 16-2005, as amended, shall now be read as follows:

“SEC. 4.109. VAT-Exempt Transactions.

• Exempt Transactions – The following transactions shall be exempt from VAT:
  • Sale or lease of goods or properties or the performance of services other than the transactions mentionsed in the preceeding paragraphs, the gross annual sales do not exceed the amount of Three Million Pesos (P3,000,000.00); provided, that the amount herein stated shall be adjusted to its present values using the CPI, as published by the PSA every three (3) years.
    
    Self-employed individuals and professionals availing of the 8% tax on gross sales and other non-operating income, under Section 24(A)(2)(b) and 24(A)(2)(c)(2)(a) if the Tax Code shall also be exempt from the payment of twelve (12%) VAT.

Specific Amendments to Tax Credits. – Section 4-110-9 of RR No. 116-2005, as amended, is hereby added for the output VAT credit on uncollected receivables:
“SEC 4.110-1. Credits for Input Tax –
SEC. 4.110-9. Output VAT Credit on Uncollected Receivables – A seller of goods or services may deduct the output VAT pertaining to uncollected receivables from its output VAT on the next quarter, after the lapse of the agreed upon period to pay: Provided that, tthe seller has fully paid the VAT on the transaction: Provided further, that the VAT component of the uncolleted receivables has not been claimed as allowable deduction under Section 34(E) of the Tax Code.

Uncollected Receivable refers to sales of goods and/or services on account that transired upon the effectivity of these Regulations which remain uncollected by the buyer despite the lapse of the agreed period to pay.

To be entitled to VAT credit, the following requisites must be present:

1. The sale or exchange has taken place after the effectivity of these Regulations;
2. The sale is on credit or on account;
3. There is a written agreement on the period to pay the receivable, i.e. credit term is indicated in the invoice or any document showing the credit term;
4. The VAT is separately shown on the invoice;
5. The sale is specifically reported in the Summary List of Sales covering the period when the sale was made and not reported as part of “various” sales;
6. The seller declared in the tax return the corresponding output VAT indicated in the invoice within the period prescribed under existing rules;
7. The period agreed upon, whether extended or not, has elapsed; and
8. The VAT component of the uncollected receivable was not claimed as a deduction from gross income (i.e. bad debt).

In case of recovery of uncontrolled receivables, the output VAT pertaining thereto shall be added to the output VAT of the Taxpayer during the period of recovery.

These rules do not amend the conditions on the deductibility of bad debts expenses in the income tax returns as provided in RR No. 25-02.”

SECTION 6. Specific Amendments to Claims for Refund/Tax Credit Certificate of Input Tax – The entire Section 4.112-1 of RR No. 16-2005, as amended, is hereby amended to read as follows:

“SEC. 4.112-1. Claims for Refund/Tax Credit Certificate of Input Tax. –

• Zero-rated and Effectively Zero-rated Sales of Goods, Properties or Services
  
  A VAT-registered person whose sales of goods, properties or services are zero-rated or effectively zero-rated many apply for the issuance of a tax refund of input tax attributable to such sales. The input tax that may be subject of the claim shall exclude the portion of input tax that has been applied against the output tax. The application should be filed within two (2) years after the close of the taxable quarter when such sales were made.
  
  In case of zero-rated sales under Secs, 106(A)(2)(a)(1) and (3), Secs. 108(B)(1) and (2) of the Tax Code, the payments for the sales must have been made in acceptable foreign currency duly accounted for in accordance with the BSP rules and regulations.
  
  Where the taxpayer is engaged in both zero-rated or effectively zero-rated sales and in taxable (including sales subject to final withholding VAT) or exempt sales of goods, properties or services, and the amount of creditable input tax due or paid cannot be directly and entirely attributed to any zero-rated or effectively zero-rated sales can be claimed for refund or issuance of a tax credit certificate.
  
  In the case of a person engaged in the transport of passenger and cargo by air or sea vessels from the Philippines to a foreign country, the input taxes shall be allocated ratably between his zero-rated sales and non-zero-rated sales (sales subject to regular rate, subject to final VAT withholding and VAT-exempt sales).
  
• Cancellation of VAT registration
  
  A VAT-registered person whose registered has been cancelled due to retirement from or cessation of business, or due to changes in or cessation of status under Sec. 106(C) of the Tax Code may, within two (2) years from the date of cancellation, apply for the issuance of tax credit certificate or cash refund for any unused input tax which he may use in payment of his other internal revenue taxes or apply for refund for any unused input tax: Provided, however, that the taxpayer-claimant shall be entitled to a refund if it has no internal revenue tax liabilities against which the tax credit certificate may be utilized: Provided, further, that for purposes of dissolution or cessation of business, the date of cancellation being referred hereto is the date of issuance of BIR Tax Clearance.
  
• Where to file the claim for refund/credit
  
  Claims for tax credits/refunds shall be filed with the appropriate BIR Office that will be designated by the Commissioner of Internal Revenue for this purpose.
  
• Period within which refund/credit of input taxes shall be made
  
  In proper cases, the Commissioner of Internal Revenue shall grant refund for creditable input taxes within ninety (90) days from the date of submission of the invoices and other documents in support of the application filed in accordance with subsections (a) and (b) hereof: Provided that, should the Commissioner find that the grant of refund is not proper, the Commissioner must state in writing the legal and factual basis for the denial.
  
  The 90-day period to process and decide shall start from the filing of the claim up to the release of the payment of VAT refund: Provided that, the claim/application is considered to have been filed only upon submission of the invoices and other documents in support of the application as prescribed under pertinent revenue issuances.
  
  In case of full or partial denial of the claim for tax refund, the taxpayer affected may, within thirty (30) days from the receipt of the decision denying the claim, appeal the decision with the Court of Tax Appeals (CTA); or in case the VAT refund is not acted upon by the Commissioner within the 30-day period after the expiration of the 90 days required by law to process the claim or (2) forego the judicial remedy and await the final decision of the Commissioner on the application of VAT refund claim: Provided 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(J) of the Tax Code: Provided further that, in the event that the 90-day period has lapsed without having the refund released to the taxpayer-claimant, the VAT refund claim may still continue to be processed administratively. However, the BIR official, agent or employee who has found to have deliberately caused the delay in the processing of the VAT refund claim may be subjected to penalties imposed under said Section.
  
• Risk-based approach in the verification and processing of VAT refund claims
  
  VAT refund claims shall be classified into low-, medium-, and high-risk, with the risk classification based on the amount of VAT refund claim, tax compliance history, frequency of filing VAT refund claims, among others: Provided, that medium- and high-risk claims shall be subject to audit or other verification processes in accordance with the BIR’s national audit program for the relevant year.
  
• Manner of giving refund
  
  Refund shall be made upon warrants drawn by the Commissioner of Internal Revenue or by his duly authorized representative without the necessity of being countersigned by the Chairman, Commission on Audit (COA), the provision of the Revised Administrative Code to the contrary notwithstanding: Provided that, refunds under this paragraph shall be subject to post audit by the COA following the risk-based classification above-described: provided, further, that in case of disallowance by the COA, only the taxpayer shall be liable for the disallowed by the COA, only the taxpayer shall be liable for the disallowed amount without prejudice to any administrative liability on the part of any employee of the BIR who may be found to be grossly negligent in the grant of refund.
  
• Automatic Appropriation
  
  An amount equivalent to five percent (5%) of the VAT collection of the BIR and the BOC from the immediately preceding year shall be automatically appropriated annually and shall be treated as a special account in the general fund or as trust receipts for the purpose of funding claims for VAT refund: Provided that, any unused fund, at the end of the year shall revert to the general fund.
  
• Quarterly Report
  
  The BIR and BOC shall be required to submit to the Congressional Oversight Committee on the Comprehensive Tax Reform Program (COCCTRP) a quarterly report of all pending claims for refund and any unused fund.”

SECTION 7. Transitory Provisions.

• Billed but uncollected sale of services. – These Regulations shall apply to sale of services that transpired upon its effectivity. Hence, for outstanding receivables on services on account that are rendered prior to the effectivity of these Regulations, the corresponding output VAT shall be declared once it has been collected. In case of collection, the sales and corresponding output VAT therefrom shall be declared in the quarterly VAT return when the collection was made and shall be supported with an Invoice following the transitory provisions contained in the RR intended for invoicing requirements to implement the EOPT Act or the new BIR-approved set of Invoices, whichever is applicable.
  
• Uncollected receivables from sale of goods as of the effectivity of these Regulations – For purposes of Section 4.11-9 of these Regulations, claim of output tax credit on uncollected receivables shall only apply to transactions that transpired upon the effectivity of these Regulations. No output tax credit shall be allowed for outstanding receivables from sale of goods on account prior to the effectivity of these Regulations

SECTION 8. Administrative Provision. – Separate RR shall govern the provisions of the EOPT Act covering Sections 113, 235, 236, 237, 238, 242 and 243 of the Tax Code particularly invoicing requirements, bookkeeping and accounting requirements, registration, filing, and payment including period to be given to the taxpayers to reconfigure machines and systems adjustments as a result of the shift from cash to accrual basis pursuant to the EOPT Act.

SECTION 9. Separability Clause. – If any of the provisions of these Regulations is subsequently declared invalid or unconstitutional, the validity of the remaining provisions hereof shall remain in full force and effect.

SECTION 10. Repealing Clause. – All other issues and rules and regulations or parts thereof which are contrary to and inconsistent with any provisions of these Regulations are hereby repealed, amended, or modified accordingly.

SECTION 11 Effectivity. – These Regulations shall take effect fifteen (15) days following its publication in the Official Gazette or the BIR official website whichever comes first.

The Bureau of Internal Revenue (BIR) in the Philippines issued Revenue Regulation (RR) No. 6-2023, dated April 11, 2023, on June 13, 2023, entitled “Amending Certain Provisions of Revenue Regulations No. 13-2010 Regarding Late/Out-of-District Filing of Tax Returns”.

The BIR established and implemented more stringent policies and guidelines in the acceptance of late/out-of-district tax returns with the following:

• · Authorized Agent Banks (AABs);
• Revenue Collection Officers (RCOs);
• Revenue District Offices (RDOs);
• Large Taxpayers District Offices (LTDOs); or;
• Large Taxpayers Divisions (LT Divisions).

Let us look at how the BIR deals with the Late/Out-of-District filing and payment of tax returns.

I. Non-Acceptance of Out-of-District and Late Filing Returns

As a general rule, no AABs, RCOs, RDOs, LTDOs and LT Division in the Philippines shall accept Out-of-District Returns. As well as no acceptance of late filing of tax returns without imposition of applicable penalties such as Surcharge of 25% or 50% of basic tax due and Annual Interest of 12% under Sections 248 and 249 of National Internal Revenue Code (NIRC), and Compromise Penalty under Revenue Memorandum Order (RMO) No. 7-2015, respectively.

II. Exceptions

The following shall be considered as exceptions to the general rule on the non-acceptance of Out-of-District Returns:

a. Unintentional or erroneously accepted by AAB in a regular course of action. The AAB will transmit the accepted out-of-district tax returns within five (5) days to the proper offices (RDO/LTDO/LT Division) and shall impose 25% penalty of the tax due for wrong venue filing, unless authorized by the Commissioner of the Internal Revenue;

b. One-Time Transactions, such as Estate, Donor’s, Capital Gains and Documentary Stamp Taxes as provided under the relevant revenue issuances, shall continue to be observed; and,

c. There is a revenue issuance/bank bulletin that the taxpayer can file and pay tax due anywhere.

III. Late Filing of Tax Returns

Prior to the filing of Late Return, the AAB or RCO may accept a Late Return provided that it has been stamped “LATE FILING” or “LATE FILING, INCREMENTS NOT PAID” and shall include computation of the corresponding penalties.

With the above, these are my personal suggestions and reminders that taxpayers might want to consider for filing and payment of tax returns.

1. Mode of Filing and Payment

Under Revenue Memorandum Circular (RMC) No. 4-2021, the following prescribed guidelines must be observed:

a. eBIRForms Filers – file electronically the returns and pay the corresponding tax dues through AABs or RCOs under the jurisdiction of the concerned RDO where the taxpayer is registered and electronic payments through Gcash, Paymaya, and others.

b. eFPS Filers – file electronically the returns and pay the tax dues through eFPS-AAB where they are enrolled.

c. Manual Filers – file and pay tax returns through AABs or RCOs under the jurisdiction of the concerned RDO where the taxpayer is registered.

2. Deadlines

Below are some deadlines in filing and payment of the tax returns:

• BIR Form Nos. Deadlines Manual and eBIR Filers eFPS Filers
• 2000 (DST) Not later than the fifth (5th) day of the following month when the taxable document is made, signed, issued, accepted or transferred.
• 0605 (Annual Registration Fee) On or before January 31 of each year
• 0619E (Monthly EWT)/1601C
• (Monthly WTW)/0619F (MonthlyFWT) Every tenth (10th) day after the end of each month staggered filing based on the taxpayer’s industry
• 1601EQ (Quarterly EWT)/1601FQ
• (Quarterly FWT)/ 1603Q (FBT) Every last day of the month after the end of each taxable quarter
• 1604E (Annual EWT)/1604F (Annual FWT) On or before January 31 of each year
• 1604C (Annual WTW) On or before February 28 of each year
• 2551Q (Percentage Tax)/ 2550Q (VAT) Every 25th day after the taxable quarter
• 1701Q (Quarterly ITR for Individual Taxpayer) 45 days after the end of each taxable quarter
• 1702Q (Quarterly ITR for Non-Individual Taxpayer) 60 days after the end of each taxable quarter
• 1701/1701A/1702RT/1702EX/1702MX (Annual ITR) on or before the 15th day of the 4th month after the closing of the taxable year.

3. Statutory Penalties

In case of late filing and/or payment of returns, BIR may impose a penalty as follows:

a. Surcharge of 25% or 50% of the basic tax due under Section 248 of the Tax Code.

b. Interest of 12% on the unpaid amount of tax from the time it should have been paid until it is fully paid.

c. Compromise Penalty under RMO No. 7-2015 and amended.

Conclusion:

The responsibility when it comes to meeting deadlines, filing, and payment of tax returns in the proper BIR offices and e-payment channels falls on the shoulder of the taxpayer. Hence, it is important to properly note all the tax return deadlines and the respective RDO where the taxpayer is registered. So that taxpayers will not be wasting their hard-earned money paying such penalties.

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With the enactment of the Republic Act. No. 10963, otherwise known as Tax Reform and Inclusion Law (TRAIN), and Republic Act No. 11534 otherwise known as Corporate Recovery and Tax Incentives for Enterprises Act (CREATE) amending Republic Act No. 8424, otherwise known as the National Internal Revenue Code of 1997 (Tax Code), particularly on the imposition and treatment of Value-Added Tax on local purchase of Registered Business Enterprise (RBE) such as those with Philippine Economic Zone (PEZA), VAT zero-rating on sales to PEZA registered entities in the Philippines have drawn so much attention and debates, if not confusion.

Let’s take a quick walkthrough of the significant events relative to the VAT Zero-rating of a PEZA Registered Business Enterprise to better appreciate these rules.

1. 0% VAT INCENTIVE ON EXPORT ENTERPRISES

Prior to CREATE, VAT zero-rating incentive in the Philippines for purchases from local suppliers was applicable to PEZA-registered entities without much emphasis on export volume. Under CREATE, registered business enterprises (RBEs) such as PEZA registered entities classified as export enterprises (EE) or one who exports at least 70% of its output, or a domestic market enterprise (DME), VAT zero-rating incentive in the Philippines is made applicable only to export enterprises.

2. INCLUSION OF ECOZONE LOGISTICS ENTERPRISE (ELSE) AS EXPORT ENTERPRISE

Under Revenue Memorandum Circular No. 15-2023 which published the full text of BOI Memorandum Circular No. 2023-001 and as further clarified by Revenue Memorandum Circular No. 24-2023, ELSEs that render at least 70% of their output/services to another registered export enterprise are covered by the definition of “export enterprise” under Section 293(E) of the Tax Code, as amended.

3. DIRECTLY AND EXCLUSIVELY USED IN THE REGISTERED PROJECT OR ACTIVITY

Prior to the enactment of TRAIN and CREATE, sale from customs territory to PEZA Registered Entity within the ecozone is classified as constructive export, thus, subject to Effectively Zero-Rated Sales on the premise of Cross Border Doctrine that treats the ecozone as foreign customs territory by operation of law.

With the passage of CREATE Act, the cross-border doctrine is rendered ineffectual and VAT Zero-Rating on local purchases shall only apply to goods and services directly and exclusively used in the registered project or activity with the concerned IPA and is defined under Section 5, Rule 2 of its Implementing Rules and Regulation as circularized by Revenue Memorandum Circular No. 83-2021 as follows:

“The direct and exclusive use in the registered project or activity refers to raw materials, inventories, supplies, equipment, goods, services and other expenditures necessary for the registered project or activity without which the registered project or activity cannot be carried out”

Recently, Revenue Regulation No. 3-2023 was issued to further amend RR 21-2021 with notable amendments such as providing a list of local purchases of goods relating to services or local purchase of services shall not be considered as “directly and exclusively used” in the registered project or activity of a registered project or activity of a registered export enterprise (REE) as follows:

4. PROPER DOCUMENTATION ON VAT 0% IN THE PHILIPPINES

PEZA then issues Memorandum Circular (MC) 2022-11 on clarification that the VAT Zero-Rating Certificate it issued annually to qualified and compliant enterprises should be sufficient basis for the enjoyment of the incentives and RBE should ensure and justify whether a specific transaction which involves goods and services are directly and exclusively used in the registered activity or project.

RMC 84-2022 prescribes the template for a sworn declaration to be executed by RBE on goods and/or services directly and exclusively used in registered activity and/or projects.

RR 3-2023 amended RR 21-2021 which provides that the VAT zero-rating on local purchase of goods or services shall be availed on the basis of the VAT zero-rating certification issued by the concerned IPA, without prejudice to the conduct of post-audit investigation/verification by the BIR

5. IS PRIOR BIR APPROVAL ON VAT ZERO-RATING ALLOWED?

RR 3-2023 provides that local suppliers of goods or services of REE shall no longer be required to apply for approval of VAT zero-rating with the BIR which repeals RMC 24-2022 and RMC 49-2022 that requires prior approval to avail VAT Zero-rating.

6. 90-DAY REFUND OF EXCESS INPUT VAT FROM VAT ZERO-RATING PHILIPPINES

Under Section 112 (A) of the Tax Code, as amended, any 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 were made, apply for the issuance of a tax credit certificate or refund of creditable input tax due or paid attributable to such sales, except transitional input tax, to the extent that such input tax has not been applied against output tax. Consequently, Section 112(C) as consolidated by Revenue Memorandum Order No. 47-2020, provides that the time frame to grant claims for VAT refund is ninety (90) days from the actual filing of the application with complete documents duly received by the processing office..

CONCLUSION: Let’s hope that the relevant issuances will harmonize and bring light to the cloudy minds of our dear Registered Business Enterprises regarding this provision of law to help them pay the correct taxes for the welfare of the nation. After all, our Tax Laws adhere to one of the attributes of a sound taxation system which is Administrative Feasibility, in which tax laws must be capable of effective and efficient enforcement.

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TITLE IV – VALUE ADDED TAX, CHAPTER I – Imposition of Tax

SECTION 105. Persons Liable. – Any person who, in the course of trade or business, sells, barters, exchanges, leases goods or properties, renders services, and any person who imports goods shall be subject to the value-added tax (VAT) imposed in Sections 106 to 108 of this Code.

The value-added tax is an indirect tax and the amount of tax may be shifted or passed on to the buyer, transferee or lessee of the goods, properties or services. This rule shall likewise apply to existing contracts of sale or lease of goods, properties or services at the time of the effectivity of Republic Act No. 7716.

The phrase ‘in the course of trade or business‘ means the regular conduct or pursuit of a commercial or an economic activity, including transactions incidental thereto, by any person regardless of whether or not the person engaged therein is a nonstock, nonprofit private organization (irrespective of the disposition of its net income and whether or not it sells exclusively to members or their guests), or government entity.

The rule of regularity, to the contrary notwithstanding, services as defined in this Code rendered in the Philippines by nonresident foreign persons shall be considered as being rendered in the course of trade or business.

SEC. 106. Value-added Tax on Sale of Goods or Properties. –

(A) Rate and Base of Tax. – There shall be levied, assessed and collected on every sale, barter or exchange of goods or properties, a value-added tax equivalent to twelve percent (12%) of the gross selling price or gross value in money of the goods or properties sold, bartered or exchanged, such tax to be paid by the seller or transferor.

(1) The term ‘goods or properties’ shall mean all tangible and intangible objects which are capable of pecuniary estimation and shall include:

• (a) Real properties held primarily for sale to customers or held for lease in the ordinary course of trade or business;
• (b) 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;
• (c) The right or the privilege to use in the Philippines of any industrial, commercial or scientific equipment;
• (d) The right or the privilege to use motion picture films, films, tapes and discs; and
• (e) Radio, television, satellite transmission and cable television time.

The term ‘gross selling price‘ means the total amount of money or its equivalent which the purchaser pays or is obligated to pay to the seller in consideration of the sale, barter or exchange of the goods or properties, excluding the value-added tax. The excise tax, if any, on such goods or properties shall form part of the gross selling price.

(2) The following sales by VAT-registered persons shall be subject to zero percent (0%) rate:

(a) Export Sales. – The term ‘export sales‘ means:

(1) The sale and actual shipment of goods from the Philippines to a foreign country, irrespective of any shipping arrangement that may be agreed upon which may influence or determine the transfer of ownership of the goods so exported and paid for in acceptable foreign currency or its equivalent in goods or services, and accounted for in accordance with the rules and regulations of the Bangko Sentral ng Pilipinas (BSP);

(2) Sale and delivery of goods to:

• (i) Registered enterprises within a separate customs territory as provided under special laws; and
• (ii) Registered enterprises within tourism enterprise zones as declared by the Tourism Infrastructure and Enterprise Zone Authority (TIEZA) subject to the provisions under Republic Act No. 9593 or The Tourism Act of 2009.

(3) Sale of raw materials or packaging materials to a nonresident buyer for delivery to a resident local export-oriented enterprise to be used in manufacturing, processing, packing or repacking in the Philippines of the said buyer’s goods and paid for in acceptable foreign currency and accounted for in accordance with the rules and regulations of the Bangko Sentral ng Pilipinas (BSP);

(4) Sale of raw materials or packaging materials to export-oriented enterprise whose export sales exceed seventy percent (70%) of total annual production;

(5) Those considered export sales under Executive Order No. 226, otherwise known as the Omnibus Investment Code of 1987, and other special laws; and

(6) The sale of goods, supplies, equipment and fuel to persons engaged in international shipping or international air transport operations: Provided, That the goods, supplies, equipment and fuel shall be used for international shipping or air transport operations.

Provided, That subparagraphs (3), (4), and (5) hereof shall be subject to the twelve percent (12%) value-added tax and no longer be considered export sales subject to zero percent (0%) VAT rate upon satisfaction of the following conditions:

• (1) The successful establishment and implementation of an enhanced VAT refund system that grants refunds of creditable input tax within ninety (90) days from the filing of the VAT refund application with the Bureau: Provided, That, to determine the effectivity of item no. 1, all applications filed from January 1, 2018 shall be processed and must be decided within ninety (90) days from the filing of the VAT refund application; and
• (2) All pending VAT refund claims as of December 31, 2017 shall be fully paid in cash by December 31, 2019.

Provided, That the Department of Finance shall establish a VAT refund center in the Bureau of Internal Revenue (BIR) and in the Bureau of Customs (BOC) that will handle the processing and granting of cash refunds of creditable input tax.

An amount equivalent to five percent (5%) of the total VAT collection of the BIR and the BOC from the immediately preceding year shall be automatically appropriated annually and shall be treated as a special account in the General Fund or as trust receipts for the purpose of funding claims for VAT refund: Provided, That any unused fund, at the end of the year shall revert to the General Fund.

Provided, further, That the BIR and BOC shall be required to submit to the Congressional Oversight Committee on the Comprehensive Tax Reform Program (COCCTRP) a quarterly report of all pending claims for refund and any unused fund.

(b) Sales to persons or entities whose exemption under special laws or international agreements to which the Philippines is a signatory effectively subjects such sales to zero rate. (As amended by RA No. 10963 (December 19, 2017)).

(B) Transactions Deemed Sale. – The following transactions shall be deemed sale:

(1) 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;

(2) Distribution or transfer to:

• (a) Shareholders or investors as share in the profits of the VAT-registered persons; or
• (b) Creditors in payment of debt;
• (3) Consignment of goods if actual sale is not made within sixty (60) days following the date such goods were consigned; and
• (4) Retirement from or cessation of business with respect to inventories of taxable goods existing as of such retirement or cessation.

(C) Changes in or Cessation of Status of a VAT registered Person. – The tax imposed in Subsection (A) of this Section shall also apply to goods disposed of or existing as of a certain date if under circumstances to be prescribed in rules and regulations to be promulgated by the Secretary of Finance, upon recommendation of the Commissioner, the status of a person as a VAT-registered person changes or is terminated.

(D) Sales Returns, Allowances and Sales Discounts. – The value of goods or properties sold and subsequently returned or for which allowances were granted by a VAT-registered person may be deducted from the gross sales or receipts for the quarter in which a refund is made or a credit memorandum or refund is issued. Sales discount granted and indicated in the invoice at the time of sale and the grant of which does not depend upon the happening of a future event may be excluded from the gross sales within the same quarter it was given.

(E) Authority of the Commissioner to Determine the Appropriate Tax Base. – The Commissioner shall, by rules and regulations prescribed by the Secretary of Finance, determine the appropriate tax base in cases where a transaction is deemed a sale, barter or exchange of goods or properties under Subsection (B) hereof, or where the gross selling price is unreasonably lower than the actual market value. (As amended by RA No. 9337 (May 24, 2005))

SEC. 107. Value-added Tax on Importation of Goods. –

(A) In General. – There shall be levied, assessed and collected on every importation of goods a value-added tax equivalent to twelve percent (12%) based on the total value used by the Bureau of Customs in determining tariff and customs duties, plus customs duties, excise taxes, if any, and other charges, such tax to be paid by the importer prior to the release of such goods from customs custody:

Provided, That where the customs duties are determined on the basis of the quantity or volume of the goods, the value-added tax shall be based on the landed cost plus excise taxes, if any. (As amended by RA No. 10963 (December 19, 2017)).

(B) Transfer of Goods by Tax-exempt Persons. – In the case of tax-free importation of goods into the Philippines by persons, entities or agencies exempt from tax where such goods are subsequently sold, transferred or exchanged in the Philippines to non-exempt persons or entities, the purchasers, transferees or recipients shall be considered the importers thereof, who shall be liable for any internal revenue tax on such importation. The tax due on such importation shall constitute a lien on the goods superior to all charges or liens on the goods, irrespective of the possessor thereof. (As amended by RA No. 9337 (May 24, 2005).

SEC. 108. Value-added Tax on Sale of Services and Use or Lease of Properties. –

(A) Rate and Base of Tax. – There shall be levied, assessed and collected, a value-added tax equivalent to twelve percent (12%) of gross receipts derived from the sale or exchange of services, including the use or lease of properties.

The phrase ‘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 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 relative to their transport of goods or cargoes; 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; sales of electricity by generation companies, transmission by any entity, and distribution companies, including electric cooperatives; services of franchise grantees of electric utilities, telephone and telegraph, radio and television broadcasting and all other franchise grantees except those under Section 119 of this Code and non-life insurance companies (except their crop insurances), including surety, fidelity, indemnity and bonding companies; and 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 likewise include:

• (1) 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;
• (2) The lease or the use of, or the right to use of any industrial, commercial or scientific equipment;
• (3) The supply of scientific, technical, industrial or commercial knowledge or information;
• (4) 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 as is mentioned in subparagraph (2) or any such knowledge or information as is mentioned in subparagraph (3);
• (5) 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 nonresident person;
• (6) 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;
• (7) The lease of motion picture films, films, tapes and discs; and
• (8) The lease or the use of or the right to use radio, television, satellite transmission and cable television time.

Lease of properties shall be subject to the tax herein imposed irrespective of the place where the contract of lease or licensing agreement was executed if the property is leased or used in the Philippines.

The term ‘gross receipts‘ means the total amount of money or its equivalent representing the contract price, compensation, service fee, rental or royalty, including the amount charged for materials supplied with the services and deposits and advanced payments actually or constructively received during the taxable quarter for the services performed or to be performed for another person, excluding value-added tax.

(B) Transactions Subject to Zero Percent (0%) Rate. – The following services performed in the Philippines by VAT-registered persons shall be subject to zero percent (0%) rate:

(1) 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);

(2) Services other than those mentioned in the preceding paragraph, rendered to a person engaged in business conducted outside the Philippines or to a nonresident person not engaged in business who is outside the Philippines when the services are performed, 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);

(3) 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;

(4) Services rendered to persons engaged in international shipping or international air transport operations, including leases of property for use thereof: Provided, That these services shall be exclusively for international shipping or air transport operations;

(5) Services performed by subcontractors and/or contractors in processing, converting, or manufacturing goods for an enterprise whose export sales exceed seventy percent (70%) of total annual production;

(6) Transport of passengers and cargo by domestic air or sea vessels from the Philippines to a foreign country; and

(7) Sale of power or fuel generated through renewable sources of energy such as, but not limited to, biomass, solar, wind, hydropower, geothermal, ocean energy, and other emerging energy sources using technologies such as fuel cells and hydrogen fuels.

(8) Services rendered to: (Vetoed by the President)

• (i) Registered enterprises within a separate customs territory as provided under special law; and
• (ii) Registered enterprises within tourism enterprise zones as declared by the TIEZA subject to the provisions under Republic Act No. 9593 or The Tourism Act of 2009.

Provided, That subparagraphs (B)(1) and (B)(5) hereof shall be subject to the twelve percent (12%) value-added tax and no longer be subject to zero percent (0%) VAT rate upon satisfaction of the following conditions:

• (1) The successful establishment and implementation of an enhanced VAT refund system that grants refunds of creditable input tax within ninety (90) days from the filing of the VAT refund application with the Bureau: Provided, That, to determine the effectivity of item no. 1, all applications filed from January 1, 2018 shall be processed and must be decided within ninety (90) days from the filing of the VAT refund application; and
• (2) All Pending VAT refund claims as of December 31, 2017 shall be fully paid in cash by December 31, 2019.

The above provisions go against the principle of limiting the VAT zero-rating to direct exporters. The proliferation of separate custom territories, which include buildings, creates significant leakages in our tax system. This makes the tax system highly inequitable and significantly reduces the revenue that could be better used for the poor. As to tourism enterprises, the current law only allows for duty and tax free importation of capital equipment, transportation equipment and other goods. The TIEZA Law explicitly allows only duty and tax free importation of capital equipment, transportation equipment and other goods (in certain cases and always subject to rules provided by the DOF). Thus, this provision actually grants a new incentive to suppliers of registered tourism enterprises. At any rate, TIEZA law, which is still in effect for two more years, can be used to avail of the above-mentioned incentives.

(9) Services rendered to offshore gaming tax under Section 125-A of this Code by service providers, including accredited service providers as defined in Section 27 (G) of this Code.

(C) Sales Allowances and Sales Discounts – the value of service rendered for which allowances were granted by a vat-registered person may be deducted from the gross sales for the quarter in which a refund is made or a credit memorandum or refund is issued. Sales discount granted and indicated in the invoice at the time of sale and the grant of which does not depend upon the happening of a future event may be excluded from the gross sales within the same quarter it was given.”

SEC. 109. Exempt Transactions. – (1) Subject to the provisions of Subsection (2) hereof, the following transactions shall be exempt from the value-added tax:

(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 therefor.

Products classified under this paragraph shall be considered in their original state even if they have undergone the simple processes of preparation or preservation for the market, such as freezing, drying, salting, broiling, roasting, smoking or stripping. Polished and/or husked rice, corn grits, raw sugar or raw cane sugar and molasses, ordinary salt and copra shall be considered in their original state; For this purpose, notwithstanding the process/es involved in its production, ‘raw sugar or raw cane sugar’ means sugar whose content of sucrose by weight, in the dry state, corresponds to a polarimeter reading of less than 99.5 degrees. (As amended by RA No. 9337 (May 24, 2005), RA No. 10864 (June 10, 2016)).

(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);

(C) Importation of personal and household effects belonging to the residents of the Philippines returning from abroad and nonresident 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;

(D) Importation of professional instruments and implements, tools of trade, occupation or employment, wearing apparel, domestic animals, and personal and household effects belonging to persons coming to settle in the Philippines or Filipinos or their families and descendants who are now residents or citizens of other countries, such parties hereinafter referred to as overseas Filipinos, in quantities and of the class suitable to the profession, rank or position of the persons importing said items, for their own use and not for barter or sale, accompanying such persons, or arriving within a reasonable time: Provided, That the Bureau of Customs may, upon the production of satisfactory evidence that such persons are actually coming to settle in the Philippines and that the goods are brought from their former place of abode, exempt such goods from payment of duties and taxes:

Provided, further, That vehicles, vessels, aircrafts, machineries and other similar goods for use in manufacture, shall not fall within this classification and shall therefore be subject to duties, taxes and other charges;

(E) Services subject to percentage tax under Title V;

(F) Services by agricultural contract growers and milling for others of palay into rice, corn into grits and sugar cane into raw sugar;

(G) Medical, dental, hospital and veterinary services except those rendered by professionals;

(H) Educational services rendered by private educational institutions, duly accredited by the Department of Education (DepEd), the Commission on Higher Education (CHED), the Technical Education and Skills Development Authority (TESDA) and those rendered by government educational institutions;

(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;

(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;

(L) Sales by agricultural cooperatives duly registered with the Cooperative Development Authority to their members as well as sale of their produce, 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;

(M) Gross receipts from lending activities by credit or multi-purpose cooperatives duly registered with the Cooperative Development Authority;

(N) Sales by 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 Fifteen thousand pesos (P15,000) and regardless of the aggregate capital and net surplus ratably distributed among the members;

(O) Export sales by persons who are not VAT-registered;

(P) Sale of real properties 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 Republic Act No. 7279, otherwise known as the Urban Development and Housing Act of 1992, and other related laws, residential lot valued at One million five hundred thousand pesos (P1,500,000) and below, house and lot, and other residential dwellings valued at Two million five hundred thousand pesos (P2,500,000) and below: Provided, That beginning January 1, 2021, the VAT exemption shall only apply to sale of real properties not primarily held for sale to customers or held for lease in the ordinary course of trade or business, sale of real property utilized for socialized housing as defined by Republic Act No. 7279, sale of house and lot, and other residential dwellings with selling price of not more than Two million pesos (P2,000,000): Provided, further, That every three (3) years thereafter, the amount herein stated shall be adjusted to its present value using the Consumer Price Index, as published by the Philippine Statistics Authority (PSA); (Note: Proposed amendment of RA 11534 (March 26, 2021) has been Vetoed)

(Q) Lease of a residential unit with a monthly rental not exceeding Fifteen thousand pesos (P15,000);

(R) Sale, importation, printing or publication of books, and any newspaper, magazine, journal, review bulletin, or any such educational reading material covered by the UNESCO Agreement on the Importation of Educational, Scientific and Cultural Materials, including the digital or electronic format thereof: Provided, That the materials enumerated herein are not devoted principally to the publication of paid advertisements; (As amended by RA 11534 (March 26, 2021)).

(S) Transport of passengers by international carriers;

(T) Sale, importation or lease of passenger or cargo vessels and aircraft, including engine, equipment and spare parts thereof for domestic or international transport operations;

(U) Importation of fuel, goods and supplies by persons engaged in international shipping or air transport operations: Provided, That the fuel, goods, and supplies shall be used for international shipping or air transport operations;

(V) Services of bank, non-bank financial intermediaries performing quasi-banking functions, and other non-bank financial intermediaries;

(W) Sale or lease of goods and services to senior citizens and persons with disability, as provided under Republic Act Nos. 9994 (Expanded Senior Citizens Act of 2010) and 10754 (An Act Expanding the Benefits and Privileges of Persons with Disability), respectively;

(X) Transfer of property pursuant to Section 40(C)(2) of the NIRC, as amended;

(Y) ssociation dues, membership fees, and other assessments and charges collected by homeowners associations and condominium corporations;

(Z) Sale of gold to the Bangko Sentral ng Pilipinas (BSP);

“(AA) Sale of a importation of prescription drugs and medicines for:

• (i) Diabetes, high cholesterol, and hypertension beginning January 1, 2020; and
• (ii) Cancer, mental illness, tuberculosis, and kidney diseases beginning January 1, 2021:

Provided, That the DOH shall issue a list of approved drugs and medicines for this purpose within sixty (60) days from the effectivity of this Act: and (As amended by RA No. 11534 (March 26, 2021))

(BB) Sale or importation of the following beginning January 1, 2021 to December 31, 2023:

• (i) Capital equipment, its spare parts and raw materials, necessary for the production of personal protective equipment components such as coveralls, gown, surgical cap, surgical mask, n-95 mask, scrub suits, googles and face shield, double or surgical gloves, dedicated shoes, and shoe covers, for covid-19 prevention;
• (ii) All drugs, vaccines and medical devices specifically prescribed and directly uses for the treatment of covid-19; and
• (iii) Drugs for the  treatment of covid-19 approved by the Food and Drug Administration (FDA) for use in clinical trials, including raw materials directly necessary for the production of such drugs: Provided, That the Department of Trade and Industry (DTI) shall certify that such equipment, spare parts or raw materials for importation are not locally available or insufficient in quantity, or not in accordance with the quality or specification required: Provided, Further, that for item (ii), within sixty (60) days from the effectivity of this act, and every three (3) months thereafter, the Department Of Health (DOH) shall issue a list of prescription drugs and medical devices covered by this provision: Provided, Finally, that the exemption claimed under this subsection shall be subject to post audit by the Bureau of Internal Revenue or the Bureau of Customs as may be applicable. (As amended by RA No. 11534 (March 26, 2021)).

(CC) Sale or lease of goods or properties of the performance of services other than transactions mentioned in the preceding paragraphs, the gross annual sales and /or receipts do not exceed the amount of Three million pesos (P3,000,000). (As renumbered by RA No. 11534 (March 26, 2021)).

(As amended by RA No.9238 (February 5, 2004)), RA No. 9337 (May 24, 2005), RA No. 10378 (March 7, 2013), RA No. 10963 (December 19, 2017), RA No. 11534 (March 26, 2021)).

SEC. 110.       Tax Credits. –

(A) Creditable input Tax. –

(1) Any input tax evidenced by a VAT invoice or official receipt issued in accordance with Section 113 hereof on the following transactions shall be creditable against the output tax:

(a) Purchase or importation of goods:

(1) For sale; or

• (ii) For conversion into or intended to form part of a finished product for sale including packaging materials; or
• (iii) For use as supplies in the course of business; or
• (iv) For use as materials supplied in the sale of service; or
• (v) For use in trade or business for which deduction for depreciation or amortization is allowed under this Code.

(b) Purchase of services on which a value-added tax has actually been paid.

(2) The input tax on domestic purchase or importation of goods or properties by a VAT-registered person shall be creditable:

• (a) To the purchaser upon consummation of sale and on importation of goods or properties; and
• (b) To the importer upon payment of the value-added tax prior to the release of the goods from the custody of the Bureau of Customs.

Provided, That the input tax on goods purchased or imported in a calendar month for use in trade or business for which deduction for depreciation is allowed under this Code shall be spread evenly over the month of acquisition and the fifty-nine (59) succeeding months if the aggregate acquisition cost for such goods, excluding the VAT component thereof, exceeds One million pesos (P1,000,000): Provided, however, That if the estimated useful life of the capital good is less than five (5) years, as used for depreciation purposes, then the input VAT shall be spread over such a shorter period: Provided, further, That the amortization of the input VAT shall only be allowed until December 31, 2021 after which taxpayers with unutilized input VAT on capital goods purchased or imported shall be allowed to apply the same as scheduled until fully utilized: Provided, finally, That in the case of purchase of services, lease or use of properties, the input tax shall be creditable to the purchaser, lessee or licensee upon payment of the compensation, rental, royalty or fee. (As amended by RA No. 10963 (December 19, 2017)).

(3) A VAT-registered person who is also engaged in transactions not subject to the value-added tax shall be allowed tax credit as follows:

• (a) Total input tax which can be directly attributed to transactions subject to value-added tax; and
• (b) A ratable portion of any input tax which cannot be directly attributed to either activity.

The term ‘input tax‘ means the value-added tax due from or 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 this Code.

The term ‘output tax‘ means the value-added tax due on the sale or lease of taxable goods or properties or services by any person registered or required to register under Section 236 of this Code.

(B) Excess Output or Input Tax. – If at the end of any taxable quarter the output tax exceeds the input tax, the excess shall be paid by the VAT-registered person. If the input tax exceeds the output tax, the excess shall be carried over to the succeeding quarter or quarters: Provided, however, That any input tax attributable to zero-rated sales by a VAT-registered person may at his option be refunded or credited against other internal revenue taxes, subject to the provisions of Section 112.” (As amended by RA 9337 (May 24, 2005), RA No. 9361 (Nov. 21, 2006))

(C) Determination of Creditable Input Tax. – The sum of the excess input tax carried over from the preceding month or quarter and the input tax creditable to a VAT-registered person during the taxable month or quarter shall be reduced by the amount of claim for refund or tax credit for value-added tax and other adjustments, such as purchase returns or allowances and input tax attributable to exempt sale.

The claim for tax credit referred to in the foregoing paragraph shall include not only those filed with the Bureau of Internal Revenue but also those filed with other government agencies, such as the Board of Investments and the Bureau of Customs. (As amended by RA No. 9337 (May 24, 2005))

(D) Output VAT credit on uncollected receivables – a seller of goods or services may deduct the output VAT pertaining to uncollected receivables from its output VAT on the next quarter, after the lapse of the agreed upon period to pay: provided, that the seller has fully paid the VAT on the transaction: provided, further, that the VAT component of the uncollected receivables has not been claimed as allowable deduction under section 34(e) of this Code.

In case of recovery of uncollected receivables, the output VAT pertaining thereto shall be added to the output VAT of the taxpayer during the period of recovery.”

SEC. 111. Transitional/Presumptive 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 an inventory according to 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 equivalent to two percent (2%) of the value of such inventory or the actual value-added tax paid on such goods, materials and supplies, whichever is higher, which shall be creditable against the output tax.

(B) Presumptive Input Tax Credits. -Persons or firms engaged in the processing of sardines, mackerel and milk, and in manufacturing refined sugar, cooking oil and packed noodle-based instant meals, shall be allowed a presumptive input tax, creditable against the output tax, equivalent to four percent (4%) of the gross value in money of their purchases of primary agricultural products which are used as inputs to their production.

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 or inner substance of a product in such manner as to prepare it for special use to which it could not have been put in its original form or condition. (As amended by RA No. 9337 (May 24, 2005))

SEC. 112. Refunds or Tax Credits of Input Tax. –

(A) Zero-Rated or Effectively Zero-Rated Sales. – Any 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 were made, apply for the issuance of a tax credit certificate or refund of creditable input tax due or paid attributable to such sales, except transitional input tax, to the extent that such input tax has not been applied against output tax: Provide, however, That in the case of zero-rated sales under Section 106(A)(2)(a)(1), (2) and (b) and Section 108(B)(1) and (2), the acceptable foreign currency exchange proceeds thereof had been duly accounted for in accordance with the rules and regulations of the Bangko Sentral ng Pilipinas (BSP): Provided, further, That where the taxpayer is engaged in zero-rated or effectively zero-rated sale and also in taxable or exempt sale of goods or properties or services, and the amount of creditable input tax due or paid cannot be directly and entirely attributed to any one of the transactions, it shall be allocated proportionately on the basis of the volume of sales: Provided, finally, That for a person making sales that are zero-rated under Section 108(B)(6), the input taxes shall be allocated ratably between his zero-rated and non-zero-rated sales.

(B) Cancellation of VAT Registration. – A person whose registration has been cancelled due to retirement from or cessation 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 a tax credit certificate for any unused input tax which may be used in payment of his other internal revenue taxes.

(C) Period within which Refund of Input Taxes shall be Made. – In proper cases, the Commissioner shall grant a refund for creditable input taxes within ninety (90) days from the date of submission of the official receipts or invoices and other documents in support of the application filed in accordance with Subsections (A) and (B) hereof: Provided, That should the Commissioner find that the grant of refund is not proper, the Commissioner must state in writing the legal and factual basis for the denial.

In case of full or partial denial of the claim for tax refund, the taxpayer affected may, within thirty (30) days from the receipt of the decision denying the 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 this Code. (As amended by RA No. 10963 (December 19, 2017)).

(D) Manner of Giving Refund. – 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 Audit, the provisions of the Administrative Code of 1987 to the contrary notwithstanding: Provided, That refunds under this paragraph shall be subject to post audit by the Commission on Audit. (As amended by RA No. 9337 (May 24, 2005)).

(Manual encoding credits: Jacky Margaret Adriano)

TITLE IV – VALUE ADDED TAX, CHAPTER II – Compliance Requirements

SEC. 113. Invoicing and Accounting Requirements for VAT-registered Persons. –

(A) Invoicing Requirements. – A VAT-registered person shall issue a VAT invoice for every sale, barter, exchange, or lease of goods or properties and for every sale, barter or exchange of services.

(B) Information Contained in the VAT Invoice. – The following information shall be indicated in the VAT invoice:

• (1) A statement that the seller is a VAT-registered person, followed by his Taxpayer’s Identification Number (TIN);
• (2) The total amount which the purchaser pays or is obligated to pay to the seller with the indication that such amount includes the value-added tax: Provided, That:
  • (a) The amount of the tax shall be shown as a separate item in the invoice;
  • (b) If the sale is exempt from value-added tax, the term ‘VAT-exempt sale’ shall be written or printed prominently on the invoice;
  • (c) If the sale is subject to zero percent (0%) value-added tax, the term ‘zero-rated sale’ shall be written or printed prominently on the invoice;
  • (d) If the sale involves goods, properties or services some of which are subject to and some of which are VAT zero-rated or VAT-exempt, the invoice or receipt shall clearly indicate the break-down of the sale price between its taxable, exempt and zero-rated components, and the calculation of the value-added tax on each portion of the sale shall be shown on the invoice or receipt: Provided, That the seller may issue separate invoices or receipts for the taxable, exempt, and zero-rated components of the sale.
• (3) The date of transaction, quantity, unit cost and description of the goods or properties or nature of the service; and
• (4) In the case of sales in the amount of One thousand pesos (P1,000) or more where the sale or transfer is made to a VAT-registered person, the name, business style, if any, address and Taxpayer Identification Number (TIN) of the purchaser, customer or client.

(C) Accounting Requirements. – Notwithstanding the provisions of Section 233, all persons subject to the value-added tax under Sections 106 and 108 shall, in addition to the regular accounting records required, maintain a subsidiary sales journal and subsidiary purchase journal on which the daily sales and purchases are recorded. The subsidiary journals shall contain such information as may be required by the Secretary of Finance.

(D)  Consequence of Issuing Erroneous VAT Invoice. –

(1)  If a person who is not a VAT-registered person issues an invoice or receipt showing his Taxpayer Identification Number (TIN), followed by the word ‘VAT’:

• (a) The issuer shall, in addition to any liability to other percentage taxes, be liable to:
  • (i)  The tax imposed in Section 106 or 108 without the benefit of any input tax credit; and
  • (ii) A fifty percent (50%) surcharge under Section 248 (B) of this Code;
• (b) The VAT shall, if the other requisite information required under Subsection (B) hereof is shown on the invoice, be recognized as an input tax credit to the purchaser under Section 110 of this Code.

(2) If a VAT-registered person issues a VAT invoice for a VAT-exempt transaction, but fails to display prominently on the invoice or receipt the term ‘VAT-exempt sale’, the issuer shall be liable to account for the tax imposed in Section 106 or 108 as if Section 109 did not apply.

(E) Transitional Period. – Notwithstanding Subsection (B) hereof, taxpayers may continue to issue VAT invoices for the period July 1, 2005 to December 31, 2005, in accordance with Bureau of Internal Revenue administrative practices that existed as of December 31, 2004. (As amended by RA No. 9337 (May 24, 2005)).

SEC. 114. Return and Payment of Value-added Tax. –

(A) In General. – Every person liable to pay the value-added tax imposed under this Title shall file a quarterly return of the amount of his gross sales or receipts within twenty-five (25) days following the close of each taxable quarter prescribed for each taxpayer: Provided, however, That VAT-registered persons shall pay the value-added tax on a monthly basis: Provided, finally, That beginning January 1, 2023, the filing and payment required under this Subsection shall be done within twenty-five (25) days following the close of each taxable quarter. (As amended by RA No. 10963 (December 19, 2017)).

Any person, whose registration has been cancelled in accordance with Section 236, shall file a return and pay the tax due thereon within twenty-five (25) days from the date of cancellation of registration:

Provided, That only one consolidated return shall be filed by the taxpayer for his principal place of business or head office and all branches.

(B) Where to File the Return and Pay the Tax. – Except as the Commissioner otherwise permits, the return shall be filed with and the tax paid to an authorized agent bank, Revenue Collection Office through Revenue Collection Officer or authorized tax software provider.

(C) Withholding of Value-added Tax. – The Government or any of its political subdivisions, instrumentalities or agencies, including government-owned or -controlled corporations (GOCCs) shall, before making payment on account of each purchase of goods and services which are subject to the value-added tax imposed in Sections 106 and 108 of this Code, deduct and withhold a final value-added tax at the rate of five percent (5%) of the gross payment thereof: Provided, That beginning January 1, 2021, the VAT withholding system under this Subsection shall shift from final to a creditable system: Provided, further, That the payment for lease or use of properties or property rights to nonresident owners shall be subject to twelve percent (12%) withholding tax at the time of payment:

Provided, finally, That payments for purchases of goods and services arising from projects funded by Official Development Assistance (ODA) as defined under Republic Act No. 8182, otherwise known as the ‘Official Development Assistance Act of 1996,’ as amended, shall not be subject to the final withholding tax system as imposed in this Subsection. For purposes of this Section, the payor or person in control of the payment shall be considered as the withholding agent.” (As amended by RA No. 9337 (May 24, 2005), RA No. 10963 (December 19, 2017)).

SECTION 115. Power of the Commissioner to Suspend the Business Operations of a Taxpayer. – The Commissioner or his authorized representative is hereby empowered to suspend the business operations and temporarily close the business establishment of any person for any of the following violations:

(a) In the Case of a VAT-registered Person. –

• (1) Failure to issue invoices;
• (2) Failure to file a value-added tax return as required under Section 114; or
• (3) Understatement of taxable sales by thirty percent (30%) or more of his correct taxable sales or receipts for the taxable quarter.

(b) Failure of any Person to Register as Required under Section 236. –

The temporary closure of the establishment shall be for the duration of not less than five (5) days and shall be lifted only upon compliance with whatever requirements prescribed by the Commissioner in the closure order.

(Manual encoding credits: Jacky Margaret Adriano)