Amending Sections 3,4, and 7 of Revenue Regulations (RR) No. 9-2025 to Clarify Filing and Payment Rules for VAT on Local Sales, Provide Optional Value-Added Tax (VAT) Registration for Certain Registered Business Enterprises (RBEs), Extend the Deadline for System Reconfiguration, and Exclude Certain Enterprises and Activities from the Coverage of VAT on Local Sales of RBEs Under Section 295(D) of the National Internal Revenue Code of 1997 (Tax Code), as Amended by Section 18 of Republic Act (RA) No. 12066
Pursuant to the provisions of Sections 244 and 245 of the Tax Code as amended, in relation to Section 32 of RA No. 12066, these Regulations hereby promulgated to amend Sections 3, 4 and 7 of RR No. 9-2025 to clarify the manner of filing and payment of VAT on local sales, provide optional VAT registration for certain RBEs, exclude certain enterprises and business activities from the coverage of VAT on local sales of RBEs under Section 295(D) of the Tax Code, as amended by Section 18 of RA No. 12066, and extend the deadline for compliance with invoicing system reconfiguration.
SECTION 1. Section 3(A)(3)(a) of RR No. 9-2025 is hereby amended to read as follows:
“a. For Purchase of goods from economic zones or freeport. – The filing and payment of the “VAT on B2B local sales by RBEs” shall be on a per transaction basis using the BIR Form to be prescribed by the BIR for this purpose through a separate revenue issuance. In the meantime, BIR Form No. 0605 shall be utilized and shall immediately transmitted to the RBE, as part of the attachments prior to the release of goods from the economic zone or freeport.
However, in cases where the shipment of goods and purchased in the ecozone or freeport is in bulk(e.g., delivered through a single container truck) and is covered by several invoices, the buyer may opt to pay the VAT due thereon in a single payment. The BIR Form No. 0605 covering the payment of all the invoices together with the list of all the invoices covered shall be presented to the BOC prior to its release.”
SECTION 2. Section 4 of RR No. 9-2025 is hereby amended to read as follows:
“SECTION 4. OPTIONAL VAT REGISTRATION AND EXCLUSIONS FROM THE COVERAGE OF VAT ON LOCAL SALES UNDER SECTION 295(D) OF THE TAX CODE, AS AMENDED.-
A. OPTIONAL VAT REGISTRATION. – An RBE availing of the 5% Special Corporate Income Tax (SCIT) or Gross Income Earned (GIE) regime, and whose registered activities are all under the same income tax incetive, may opt to register as a VAT taxpayer solely for purposes of its local sales. Such VAT registration shall not affect the RBE’s entitlement to its existing fiscal and non-fiscal incentives, uncluding VAT zero-rating on local purchases and VAT exemption on importation, provided these are directly attributable to it registered activities.
In accordance with Section 236(G) of the Tax Code, as amended, an RBE that elects VAT registration under this provision shall not be allowed to cancel such registration under Section 236(E)(2) of the same Code for a period of three (3) years from the date of registration.
B. EXCLUSIONS FROM THE COVERAGE OF VAT ON LOCAL SALES UNDER SECTION 295(D) OF THE TAX CODE, AS AMENDED. – VAT- registered Domestic Market Enterprises (DMEs) that do not qualify for VAT zero-rating on local purchases or VAT exemption on importation despite being registered with any of the Investment Promotion Agencies are subject to VAT on both their local purchases and importation.
The application of Section 295(D) of the Tax Code to their local sales mandating the buyer to pay and remit the corresponding VAT to the BIR would result in accumulated unutilized input VAT from local purchases and importations, which are not eligible for refund under Section 112(A) of the Tax Code.
To address such scenario, their local sales shall not be subject to the buyer’s payment and remittance of VAT (B2B transactions) under Section 295(D) of the Tax Code, as amended. The RBE-seller shall file and pay the corresponding VAT to the BIR as a regular VAT taxpayer.
In addition, the following sale transaction/entities are excluded from the coverage of Section 295(D) of the Tax Code, as amended:
SECTION 3. The effectivity of the provision under Section 7 of RR No. 9-2025, which requires RBEs using registered Cash Registered Machines/Point-of-Sales (CRM/POS). Computerized Accounting System (CAS), Computerized Books of Accounts with Accounting Records, or other registered invoicing systems/software to reconfigure or rename their systems by replacing the term ‘VAT/VAT Amount’ in the breakdown of sales with ‘VAT on Local Sales’, or adding the same where ‘VAT/VAT Amount’ is not applicable, is hereby extended until December 31, 2026. The Commissioner may further extend the deadline as may be necessary.
SECTION 4. 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 5. REPEALING CLAUSE – All other issuances 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 6. EFFECTIVITY. – These Regulations shall take effect fifteen (15) days following its publication in the Official Gazette or the BIR Official Website, whichever comes first.
Further amending the “De Minimis” Benefits Provisions of Revenue Regulations (RR) No. 2-98 as Amended, Increasing the Ceiling of Non-Taxable Benefits
Pursuant to Sections 4 and 244 in relation to Section 33 of the Tax Code of 1997, these regulations are hereby promulgated to further amend RR No. 2-98, as amended by RR No. 004-2025, with respect to “De Minimis” benefits which are exempt from income tax on compensation as well as from fringe benefit tax.
Section 1. Section 2.78.1 of RR No. 2-98, as amended by RR No. 004-2025, is hereby further amend to read as follows:
“Section 2.78.1. Withholding of Income Tax on Compensation Income
(A) Compensation Income Defined.
(3) Facilities and privileges of relatively small value
Section 2. REPEALING CLAUSE – All existing rules and regulations and other issuances or parts thereof which are inconsistent with the provisions of these Regulations are hereby amended, modifies or repealed accordingly.
Section 3. EFFECTIVITY – These Regulations shall take effect after fifteen (15) days following its publication in the Official Gazette or in the BIR Official Website, whichever comes first.
Implementing the Documentary Stamp Tax (DST) Rate Adjustments and Amendments to the Documents and Papers Not Subject to DST Under Republic Act No. 12214, Otherwise Known as the “Capital Markets Efficiency Promotion Act”
SECTION 1 . SCOPE – Pursuant to Sections 244 and 255 of the National Internal Revenue Code of 1997, as amended (Tax Code), in relation to Sections 19,20,21,23, and 25 of Republic Act (RA) No. 12214, otherwise known as “Capital Markets Efficiency Promotion Act” (CMEPA), these Regulations are hereby promulgated to implement the rate adjustments for DST under Sections 174, 176, and 179 of the tax Code and the amendments to the documents and papers not subject to DST under Section 199 of the same Code.
SECTION 2. COVERAGE – These Regulations shall cover documents, loan agreements, instruments, papers, acceptances, assignments, sales and transfers of the obligation, right or property incident thereto in respect of the transactions made or accomplished on July 1, 2025 onwards.
SECTION 3. DEFINITION OF TERMS – For purposes of these Regulations, the following terms shall be taken to mean as follows:
(a) Mutual Fund Company – an open-end and close-end company as defined under the Investment Company Act.
(b) Unit Investment Trust Fund – an open-ended pooled trust fund denominated in peso or any acceptable currency, which is established, operated, and administered by a trust entity and made available by participation.
(c) Debt Instrument – shall mean instruments representing borrowing and lending transactions, including but not limited to debentures, certificates and indebtedness, due bills, bonds, loan agreements, including those signed abroad wherein the object of contract is located or used in the Philippines, instruments and securities issued by the government or any of its instrumentalities, deposit substitutes, debt instruments, certificates or other than the regular savings deposit taking into consideration the size of the deposit and the risks involved or drawing interest and having a specific maturity date, promissory notes, whether negotiable or non-negotiable, except bank notes issued for circulation.
SECTION 4. NEW RATE OF DST ON ORIGINAL ISSUE OF SHARES OF STOCK – Section 174 of the Tax Code, as amended by Section 19 of the CMEPA, now reads as follows:
“SEC 174. Stamp Tax on Original Issue of Shares of Stock. – On every original issuem whether on organization, reorganization or for any lawful purpose, of shares of stock by any association, company or corporation, there shall be collected a documentary stamp tax of SEVENTY-FIVE PERCENT OF ONE PERCENT (75% OF 1%) of the par value of such shares of stock: Provided, That in the case of the original issue of shares of stock without par value, the amount of the documentary stamp tax herein prescribed shall be based upon the actual consideration for the issuance of such shares of stock: Provided, further, That in the case of stock dividends, on the actual value represented by each share.”
SECTION 5. NEW RATE OF DST ON BONDS, DEBENTURES, AND CERTIFICATES OF STOCK INDEBTEDNESS ISSUED IN FOREIGN COUNTRIES – Section 176 of the Tax Code, as amended by Section 20 of the CMEPA, now reads as follows:
“SEC 176. Stamp Tax on Bonds, Debentures, and Certificates of Stock or Indebtedness Issued in Foreign Countries – A documentary stamp tax of SEVENTY-FIVE PERCENT OF ONE PERCENT (75% OF 1%) of the value of the transaction shall be collected from the person selling or transferring bonds, debentures, certificates of stock, or certificates of indebtedness issued in any foreign country.”
SECTION 6. NEW RATE OF DST ON ALL DEBT INSTRUMENTS – Section 179 of the Tax Code, as amended, by Section 21 of the CMEPA, now reads as follows:
“Sec. 179. Stamp Tax on All Debt Instruments – On every original issue of debt instruments, there shall be collected a documentary stamp tax of SEVENTY-FIVE PERCENT OF ONE PERCENT (75% OF 1%) of the issue price of any such debt instrument: Provided, That for such debt instruments with terms of less than one (1) year, the documentary stamp tax to be collected shall be of a proportional amount in accordance with the ratio of its term in number of days to three hundred sixty-five (365): Provided, further, That only one documentary stamp tax shall be imposed on the loan agreement and promissory notes, mortgage, security interest over personal property, and other contracts issued to secure such loan,“
In cases where a loan agreement and a promissory note, mortgage, security interest over personal property and other contracts issued to secure such loan are simultaneously issued and executed, only one DST shall be imposed on either loan agreement or promissory note, mortgage, security interest over personal property and other contracts issued to secure such loan, whichever will yield a higher tax. Moreover, where only one instrument was prepared, made, signed or executed to cover a loan agreement/promissory note /pledge/mortgage, the DST prescribed in Section 195 of the Tax Code, on Stamp Tax on Mortgages, Pledges and Deeds of Trust, shall be paid and computed on the full amount of the loan or credit granted. In this regard, the instrument shall be treated as covering only one taxable transaction.
SECTION 7. DOCUMENTS AND PAPERS NOT SUBJECT TO STAMP TAX. – Section 199 of the Tax Code, as amended by Section 23 of the CMEPA, now reads as follows:
“SEC. 199. Documents and Papers Not Subject to Stamp Tax – The Provisions of Section 173 to the contrary not withstanding, the following instruments, documents, and papers shall be exempt form the documentary stamp tax:
(e) Sale, exchange, redemption, or other disposition of shares of stock listed and traded through a local or foreign stock exchange.
(o) Original issuance, redemption, or other disposition of shares in a mutual fund company.
(p) Issuance of certificate or other evidence of participation in a mutual fund or unit investment trust fund.”
SECTION 8. 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 9. REPEALING CLAUSE – All other issuances and rules and regulations or parts thereof which are contrary to the inconsistent with the provisions of these Regulations are hereby, amended or modified accordingly.
This Revenue Memorandum is issued to clarify the provisions of Revenue Regulations (RR) No. 3-2025, implementing the National Internal Revenue Code of 1997 (Tax Code), as amended by Republic Act (RA) No. 12023, and to address certain issues pertaining to the implementation of the Value-Added Tax (VAT) on Digital Services.
Q1: Non-Resident Digital Service Providers (NRDSPs) are required to register with the Bureau of Internal Revenue (BIR) pursuant to Section 5 of RR No. 3-2025. Are NRDSPs whose sales from the Philippines only constitute Business-to-Business (B2B) still required to register with the BIR for VAT purposes?
A1: Yes. All NRDSPs are required to register or update their registration with the BIR under Section 5 of RR No. 3-2025. This requirement applies regardless of the nature of their transactions, whether B2B, Business-to-Consumer (B2C), or both.
Q2: If required to register, are NRDSPs with purely B2B transactions atill required to file tax returns with the BIR?
A2: Yes. The NDRSPs are still required to file tax returns with the BIR to report their B2B transactions. This will enable the BIR to collect information on the total digital services transactions in the Philippines by NRDSPs which are needed for accurate monitoring and analysis of the digital economy, ensuring compliance with tax regulations, and facilitating effective policy-making and revenue collection.
Q3: How will NRDSPs register with the BIR?
A3: The NRDSPs shall register with the BIR though the VAT on Digital Services (VDS) Portal once it is available.Prior to the VDS Portal roll-out, the NRDSPs or their appointed resident third-party service providers shall register through the Online Registration and Update System (ORUS), which is available in the BIR official website
Q4: Until when shall NRDSPs register with the BIR?
A4: The NRDSPs shall register with the BIR within one hundred twenty (120) days from the effectivity of RR No. 3-2025, or on or before June 1, 2025.
Q5: What are the information required for the registration of NRDSPs?
A5: The following information shall be provided by the NRDSP during registration via ORUS:
Q6: What are the documentary requirements for the registration for the NRDSPs?
A6: Any official registration document issued by an authorized government regulatory body (e.g., Securities and Exchange Commission, tax authority) in the country where NRDSP was incorporated or organized (e.g., Articles of Incorporation, Certificate of Tax Residency) that includes the name of the NRDSP shall be sufficient for the registration.
Q7: Do NRDSPs need to have a local representative in the Philippines to register with the BIR?
No. NRDSPs do not need a local representative in the Philippines to register with the BIR. However, an NRDSP may appoint a resident third-party service provider (an individual or entity, such as a law firm or accounting firm) for purposes of registration, filing of tax return and payment of taxes, receiving notices, record keeping, and other reporting obligations.
Q8: In case of NRDSPs with local representative that opt to manually register with the BIR, where do they register?
A8: NRDSPs with local representative may manually register with BIR Revenue District Office No. 39 – South Quezon City.
Q9: Will the appointment of a resident third-party service provider classify the NRDSP as a resident foreign corporation doing business in the Philippines?
A9: No. For VAT purposes, the appointment of a resident third-party service provider shall not classify the NRDSP as a resident foreign corporation doing business in the Philippines.
Q10: What document shall be issued to an NRDSP as proof of its registration with the BIR?
A10: A BIR Certificate of Registration (COR)/BIR Form No. 2303 containing the assigned TIN and other registration details and shall be issued to the NRDSP, which shall be used in the filing of VAT returns, and remittance of VAT, if any, to the BIR.
Q11: What tax type will the NRDSPs be registered and liable for?
A11: NDRSPs will be registered and liable for payment of the 12% VAT on their gross sales from the supply and delivery of digital services consumed or used in the Philippines. during registration, the NRDSP shall select VAT as its tax type.
Q12: Will there be any penalty imposed in case an NRDSP fails to register with the BIR for VAT?
A12: Yes. An NRDSP which fails to register for VAT shall be imposed with applicable penalties under Section 13 of RR No. 3-2025, and suspension of its business operations under Section 12 of the same Regulations, if warranted.
Q13: What is the VAT treatment for cross-boarder B2B transactions?
A13: In B2B transactions where the NRDSPs provide digital services to Philippine consumer/buyer engaged in business, including GOCCs, the Philippine consumer/buyer will account for the VAT using the reverse charge mechanism. As such, the Philippine consumer/buyer shall be liable for: (i) electronically filing the required remittance return; and (ii) withholding remitting the twelve percent (12%) VAT due on its purchase, as shown below:
Q14: What us the VAT treatment for cross-boarder B2C transactions?
A14: In a B2C transaction where the consumer/buyer is not engaged in business, the NRDSP shall be directly liable for: (i) electronically filing the VAT return; and (ii) paying the VAT due thereon through the simplified pay-only regime in the VDS Portal based on its gross sales relating to the sale of Digital Services consumed/used in the Philippines.
Q15: What is the VAT treatment for digital services that go through an online marketplace or e-marketplace?
A15: for a DSP acting as an online marketplace or e-marketplace on the transactions of resident and non-resident sellers or suppliers that go through its platform, and following mechanisms shall be observed provided that it controls the key aspects of the supply and performs any of the following:
Q16: What is the invoicing requirement for NRDSPs?
A16: There is no prescribed form of an invoice for NRDSPs as long as the mandatory information under the law is present, which are as follows:
For B2B supply digital services made by a VAT-registered NRDSP, the obligation for assessing ang remitting the 12% VAT shall be the responsibility of the Philippine business consumer/buyer. The VAT amount must be clearly stated on the invoice. However, if the NRDSP is unable to include the VAT amount on the invoice it must include a footnote/annotation on the invoice indicating that the Philippine business consumer/buyer is responsible for accounting and remitting the 12% VAT due on the transaction to the BIR, as shown in the illustration below:
Q17: When will the NRDSPs be subject to VAT under RA No. 12023?
A17: The NDRSP shall be immediately subject to VAT after one hundred twenty (120) days from the effectivity of the RR No. 3-2025, or starting June 2, 2025.
Q18: What BIR Form shall the NRDSP and its B2B consumer/buyer use in filing payment/remittance of the VAT?
A18: For B2B and B2C transactions, the NRDSP shall use BIR Form No. 2550-DS in filing the VAT return (for B2B and B2C transactions) and/or payment/remittance of the VAT due thereon (for B2C transactions), which shall be available and generated in the VDS Portal.
In B2B transactions, the business consumer/buyer, whether VAT or non-VAT registered, shall use BIR Form No. 1600-VT in filing and remittance of the withheld VAT form the NRDSP.
Q19: Can NRDSPs claim input tax?
A19: No. As provided under Section 7 (B) of RR No. 3-2025, non-resident VAT-registered DSPs shall not be allowed to claim creditable input tax.
Q20: If after the payment of VAT, the NDRSP later discovered that its Philippine consumer/buyer is engaged in business and corresponding withholding VAT was already paid to the BIR by the latter, can the NRDSP apply for refund of erroneously paid VAT?
A20: No. The NRDSP cannot file for refund of the erroneously paid VAT. However, the NRDSP may amend the previously filed BIR Form No. 2550-DS to reflect the overpayment which may be carried-over to the succeeding quarter/s.
Q21: When an NRDSP generates sales through an e-marketplace but the payment for the digital service is made directly to the account of the NRDSP, is the e-marketplace liable for the VAT?
A21: No. The e-marketplace is not liable to pay the VAT because the payment for the digital service is made directly to the account of the NRDSP and thus, not within the control of the e-marketplace. However, the service fee charged by the marketplace to the consumer/buyer located in the Philippines, if any, shall be subject to VAT.
Q22: When digital services are utilized for the purchase of physical goods-since these are already subject to customs, duties, taxes, and other charges by the Bureau of Customs – the separate service fee for using or availing of the online platform/marketplace, which is classified as digital service under RA No. 12023, remails subject to VAT when said service fee has been charged to a consumer/buyer located in the Philippines.
Q23: Does RA No. 12023 apply to services other than digital services?
A23: Only digital services as defined under RA No. 12023 shall be subject to VAT under the said law. Under RA No. 12023, digital services 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. It shall include, but not limited to:
Q24: Company ABC is a resident VAT-registered company which operates a teleconsultation platform where appointments are booked through a website, applications, or e-marketplace. Virtual meetings via video or call conferences allow doctors and patients to engage in real-time discussions, providing and receiving essential medical assessments, diagnoses, treatments, and ongoing support. Are the services being rendered by Company ABC subject to VAT?
A24: Yes. This falls within the definition of Digital Services under Section 3 (A) under RR No. 3-2025 particularly under “online consultations through a digital platform (i.e., website, applications, e-marketplace)” since the medical consultation cannot be booked, completed and/or delivered without the use of information technology.
As an online platform, it shall be subject to VAT provided that the conditions under Q15 and A15 above are complied with.
Q25: Is there a need to secure a Certificate of Tac Exemption form the BIR to support the claim for VAT-Exemption on the sale of online subscription-based services to educational institutions accredited by the Department of Education (DepEd), Commission on Higher Education (CHED), and Technical Education and Skills Development Authority (TESDA)?
A25: No. For the sale of online subscription-based services to educational institutions, it shall only present to the DSP the accreditation/recognition from DepEd, CHED and TESDA, as the case may be, in order to avail the VAT exemption.
Q26: Are digital services rendered by NRDSPs to Registered Business Enterprises (RBEs) with Certification issued by Investment Promotion Agencies (IPAs) or to the export oriented enterprises (EOEs) covered under Sections 106 and 108 of the Tax Code, where such digital services are directly attributable to the registered activity or project of the RBEs or to the export activities of the EOEs under RA No. 12066, subject to 12% VAT under RA No. 12023?
A26: No. If the digital services rendered by NRDSPs are directly attributable (1) to the registered business activity/project of the IPA-registered entity, classified as registered export enterprise, high-value domestic market enterprise or domestic market enterprise under transitory provision of RA No. 12066 or (2) to the export activity of EOE, they are eligible for VAT exemption.
Q27: How can an NRDSP verify whether or not a buyer is engaged in business for VAT purposes under RA No. 1203 and RR No. 3-2025?
A27: An NDRSP can verify if a buyer is engaged in business by obtaining the buyer’s TIN any by providing a questionnaire or a tick box in their websites/platforms for customers to confirm that they are engaged in business in the Philippines. The NDRSP may also request other business registration documents, such as the BIR COR, if the NRDSP’s system is capable of obtaining/receiving this document. This helps ensure that the correct VAT treatment is applied, reducing the risks of non-compliance.
Q28: How can VAT-registered Philippine business customers substantiate their input taxes for digital services purchased from NRDSPs?
A28: VAT-registered Philippine business customers/buyers shall use the filed withholding VAT return/BIR Form No. 1600-VT as proof to support their claim for input VAT on purchases of digital services from NRDSPs in accordance with Section 7(C) of RR No. 3-2025.
Q29: The reckoning point of the VAT liability of the NRDSPs will start on June 2, 2025. There are existing contracts covering January 1 to December 31, 2025. The Philippine buyer already paid in advance the total price for the full year contract, that is, from January to December, 2025, without the 12% VAT. Would the NRDSP still be liable for the payment of VAT for the period June 2 to December 31, 2025?
A29: The VAT liability for NRDSPs begin on June 2, 2025. This means that any digital services provided from June 2, 2025 onwards are subject to the 12% VAT. If the Philippine buyer already paid for the full-year contract in advance without including the 12% VAT, the NRDSP is still liable for the VAT on the portion of services provided from June 2 onwards. The liability to pay and remit the VAT in this scenario shall lie with the NRDSP since the buyer no longer has control over the payment.
Q30: In cases where the contracting party of the NRDSP is outside the Philippines (e.g., in the US) and the US entity shares costs with different markets (including subsidiaries in the Philippines), is the shared cost charged against the Philippine subsidiary subject to VAT under RR No. 3-2025?
A30: RA No. 12023 imposes a 12% VAT on digital services consumed in the Philippines, whether provided by resident or non-resident digital services, regardless of the provider’s physical presence, as long as it is consumed by the Philippine subsidiary, it would be subject to VAT. In this case, the Philippine subsidiary shall be responsible in withholding and remitting the VAT due thereon to the BIR as a B2B transaction.
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. –
SECTION 4. GENERAL POLICIES. –
SECTION 5. MANNER AND PERIOD OF FILING. – Request for reconsideration shall be filed with the following Offices:
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:
“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”
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.
Example 2: The taxpayer-claimant submitted the following documents in support of its claim for VAT refund amounting to P 7,000,000.00:
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:
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:
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:
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:
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, 2nd 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. 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. 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. 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. 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. 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. 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. 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
“(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.
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. 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. 115. Power of the Commissioner to Suspend the Business Operations of a Taxpayer. – x x x
“(a) 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. 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. 236. Registration Requirements. –
“(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.
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. 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):
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:
Section 4. Definition of Terms – In applying the provisions of these Regulations, the following terms shall be defined as follows:
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:
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:
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:
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.
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:
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. –
SECTION 7. Transitory Provisions.
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.
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