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4
CHARACTERISTICS OF THE ESTATE TAX
1. It is a transfer tax.
2. It is an excise tax.
3. It is a progressive tax.
4. It is a national tax.
5. It is a direct tax despite the fact that the heirs are
subsidiarilly liable if the executor or administrator fails to
pay the tax. This is so because whether it is the heirs,
the executor or administrator who pays the tax, the origin
of the money used to pay would still be the estate of the
decedent. The ultimate burden is upon the decedent not
upon the heirs.
5
PURPOSES OR OBJECTS OF ESTATE TAXATION
1. To generate additional revenue for the government.
2. To reduce the concentration of wealth.
3. Provide for an equal distribution of wealth.
4. It is the most appropriate and effective method for taxing
the “privilege” which the decedent enjoys of controlling
the0 disposition at death, of property accumulated during
the lifetime of the decedent.
5. It is the only method of collecting the share which is
properly due to the State as a “partner” in the accumulation
of property which was made possible on account of the
protection given by the State.
6
WHEN THE ESTATE TAX ACCRUES
The estate tax accrues as of the death of the decedent and the
accrual of the tax is distinct from the obligation to pay the same.
Upon the death of the decedent, succession takes place and the right
of the State to tax the privilege to transmit the estate vests instantly
upon death.
7
IMPLICATIONS THAT FLOW FROM THE CONCEPT
THAT THE TIME OF TRANSFER IS THE TIME OF DEATH
1. The composition of the gross estate. Only the
properties, real or personal, where the decedent has
an interest at the time of death constitutes the estate
that could be transferred mortis causa;
2. The value of the gross estate is also affected
because it should be the value at the time of death.
3. The nationality, residence or location of the property
at the time of death also is considered.
4. The accrual of the estate tax.
8
CLASSIFICATION OF DECEDENT
1. Citizens and resident aliens; and
2. Non-resident aliens.
10
RESIDENT ALIENS FOR PURPOSES OF ESTATE
TAXATION
3. A mere floating intention indefinite as to time, to return
to another country is not sufficient to constitute such
alien as a transient. If he lives in the Philippines and
has no definite intention as to stay, he is a resident.
12
GROSS ESTATE AND NET ESTATE
The gross estate is not subject to tax while the net estate
is the basis for imposing the estate tax.
13
RATES OF ESTATE TAX
TRAIN amendment. “There shall be levied, assessed,
collected and paid upon the transfer of the net estate as
determined in accordance with Sections 85 and 86 of
every decedent, whether resident or nonresident of the
Philippines, a tax at the rate of six percent (6%) based on
the value of such net estate.” (NIRC of 1997, Sec. 84 as
amended by the TRAIN)
15
GROSS ESTATE OF CITIZEN (WHETHER RESIDENT OR
NON-RESIDENT) OR RESIDENT ALIEN
16
GROSS ESTATE OF CITIZEN (WHETHER RESIDENT OR
NON-RESIDENT) OR RESIDENT ALIEN
The composition of the gross estate, for estate taxation
under Philippine law, of a citizen or a resident alien. The
value of
20
The composition of the gross estate, for estate taxation under
Philippine law, of a non-resident alien. The value of
TRAIN amendment.
1. Standard deduction of Php5,000,000;
2. Claims against the estate;
3. Claims of the deceased against insolvent persons;
4. For unpaid mortgages upon, or any indebtedness in respect to,
property;
5. Deduction for losses;
6. Property previously taxed;
7. Transfers for public use;
8. The family home in the increased amount of Php10,000,000;
9. Amount received by heirs under RA No. 4917.
24
DEDUCTION FOR CLAIMS AGAINST THE ESTATE
29
PROPERTY PREVIOUSLY TAXED ALLOWED AS A
DEDUCTION FROM THE GROSS ESTATE OF A
FILIPINO CITIZEN, WHETHER RESIDENT OR NOT, OF A
RESIDENT ALIEN DECEDENT
1. An amount equal to the value specified below of
2. any property forming a part of the gross estate
situated in the Philippines
3. of any person who died within 5 years prior to the
death of the decedent, or transferred to the decedent
by gift within 5 years prior to his death
4. where such property can be identified as having
30
been received by the decedent from the donor by gift,
or from such prior decedent by gift, bequest, devise,
or inheritance, or
5. which can be identified as having been acquired in
exchange for property so received:
First basis
LESS: 2nd deduction
= 2nd basis
Multiplied by 80%, 60% etc.
= Vanishing deduction
34
TRANSFERS FOR PUBLIC USE
The amount of
35
DEDUCTION FOR THE FAMILY HOME
36
FAMILY HOME, DEFINED FOR AVAILMENT OF THE
DEDUCTION FROM GROSS ESTATE
The dwelling house, including the land on which it is
situated, where the husband and wife, or a head of the family,
and members of their family reside, as certified to by the
Barangay Captain of the locality. The family home is deemed
constituted on the house and lot from the time it is actually
occupied as a family residence and is considered as such for as
long as any of its beneficiaries actuall resides therein.
37
CONDITIONS FOR THE ALLOWANCE OF FAMILY HOME
AS A DEDUCTION FROM GROSS ESTATE
a. The family home must be the actual residential home of
the decedent and his family at the time of his death.
b. The total value of the family home must be included as
part of the gross estate of the decedent.
c. Allowable deduction must be in an amount equivalent to
the current fair market value of the family home as
declared or included in the gross estate, or the extent of
the decedent’s interest (whether conjugal/community or
exclusive property), whichever is lower, but not exceeding
10M.
38
DEDUCTION OF THE AMOUNT RECEIVED BY HEIRS
UNDER RA 4917
39
DEDUCTIONS ALLOWED FROM THE GROSS ESTATE
OF NON-RESIDENT ALIENS
TRAIN amendment. In the case of a non-resident alien, the
net estate is determined by deducting from the value of that
part of his gross estate which at the time of his death is
situated in the Philippines.
41
EXEMPTION OF CERTAIN ACQUISITIONS AND
TRANSMISSIONS
44
ESTATE TAX RETURN
WHEN ESTATE TAX RETURN REQUIRED TO BE
FILED.
48
WHO ARE REQUIRED TO FILE THE ESTATE TAX
RETURN UNDER OATH
49
PLACE OF FILING ESTATE TAX RETURN WHERE THE
DECEDENT IS A RESIDENT OF THE PHILIPPINES
In case of a resident decedent, the administrator or
executor shall register the estate of the decedent and
secure a new TIN therefore from the Revenue District
Office where the decedent was domiciled at the time
of his death and shall file the estate tax return and pay
the corresponding estate tax with the
1. Accredited Agent Bank (AAB),
2. Revenue District Officer,
3. Collection Officer or
4. duly authorized Treasurer of the city or
50
PLACE OF FILING ESTATE TAX RETURN WHERE THE
DECEDENT IS A RESIDENT OF THE PHILIPPINES
51
PLACE OF FILING ESTATE TAX RETURN WHERE
THE DECEDENT HAS NO LEGAL RESIDENCE IN
THE PHILIPPINES
1. In case of a non-resident decedent, whether non-
resident citizen or non-resident alien, with executor
or administrator in the Philippines, the estate tax
return shall be filed with and the TIN for the estate
shall be secured from the RDO where such executor
or administrator is registered, provided, however,
that
2. In case the executor or administrator is not
52
registered, the estate tax return shall be filed with and the
TIN of the estate shall be secured from the RDO having
jurisdiction over the executor or administrator’s legal
residence.
3. Nonetheless, in case the non-resident decedent does not
have an executor or administrator in the Philippines, the
estate tax return shall be filed with and the TIN for the
estate shall be secured from the Office of the
Commissioner through RDO No. 39-B South Quezon
City.
4. In any other place where the Commissioner of Internal
Revenue permits the estate tax return to be filed. 53
COLLECTION OF ESTATE TAX DOES NOT
REQUIRE COURT APPROVAL
54
WHO ARE PRIMARILY LIABLE FOR THE PAYMENT OF
THE ESTATE TAXES ASSESSED AGAINST THE
ESTATE OF A DECEASED PERSON?
1. Primary personal liability of the executor or administrator.
2. Subsidiary liability of the beneficiary.
56
PAYMENT BY INSTALLMENT OF ESTATE TAX SECTION
91 (C) [NEW]
57
TRAIN AMENDMENT
58
DONOR’S TAX
59
BASIS OF DONOR’S TAX
It applies
1. whether the transfer is in trust or otherwise,
2. whether the gift is direct or indirect, and
3. whether the property is real or personal,
tangible or intangible.
60
▪ The law in force at the time of the perfection/completion
of the donation shall govern the imposition of the donor’s
tax.
▪ The donor’s tax shall not apply unless and until there is a
completed gift. The transfer of property by gift is
perfected from the moment the donor knows of the
acceptance by the donee, it is completed by delivery,
either actually or constructively, of the donated property
to the donee.
61
DONATION MORTIS CAUSA DISTINGUISHED FROM
DONATION INTER VIVOS
62
DONATION INTER VIVOS DONATION MORTIS CAUSA
It is subject to donor’s tax. It is subject to estate tax.
63
CONCEPT AND DEFINITION
Donor’s tax is
1. an excise tax
2. imposed on the privilege transfer of property
a. by way of gift inter vivos
3. by any person, resident or non-resident
4. based on a pure act of liberality
a. without any or less than adequate
consideration
b. and without any legal compulsion to give.
64
NATURE OF DONOR’S TAX
1. It is not a tax on the property donated but on the privilege to
transfer property.
2. It is levied, assessed, collected and paid upon the transfer by any
person, resident or non-resident, of property by gift inter vivos.
3. It is a tax imposed on the privilege to gratuitously transmit
property while living and is measured by the value of the
property.
4. It applies
a. Whether the transfer is in trust or otherwise,
b. whether the gift is direct or indirect, and
c. whether the property is real or personal, tangible or
intangible.
65
REQUISITES OF A VALID DONATION SUBJECT TO
DONOR’S TAX
66
TRANSFERS WHICH MAY BE CONSTITUTED AS
DONATION
67
CLASSIFICATION OF DONORS
68
SITUS OF DONOR’S TAXATION
69
DETERMINATION OF TAXABLE GIFT
The tax for each calendar year shall be computed on
the basis of the total net gifts made during the calendar
year.
71
GENERAL RENUNCIATION OF HEREDITARY RIGHTS
NOT SUBJECT TO DONOR’S TAX
72
COMPOSITION OF GROSS GIFT
74
4. Provided, still further, that no tax shall be collected xxx
in respect of intangible personal property:
76
VALUATION OF REAL PROPERTY FOR DONOR’S TAX
PURPOSES
For purposes of computing any internal revenue tax,
including the donor’s tax, the donation shall be appraised
at its fair market value as of the time of the donation.
However, the appraised value of real property as of the
time of the donation shall be, whichever is the higher of:
78
TAX CREDIT FOR DONOR’S TAXES PAID TO A
FOREIGN COUNTRY
79
DONATIONS EXEMPT FROM THE PAYMENT OF
DONOR’S TAX
1. Total gifts not in excess of Two hundred fifty
thousand pesos (Ᵽ250,000) exempt gift made during
the calendar year.
2. Any contribution in cash or in kind to any candidate,
political party or coalition of parties for campaign
purposes shall be governed by the Election Code, as
amended;
3. Gifts made to or for the use of the National
Government or any entity created by any of its
agencies which is not conducted for profit, or to any
80
DONATIONS EXEMPT FROM THE PAYMENT OF
DONOR’S TAX
political subdivision of the said Government.
4. Gifts in favor of an educational and/or charitable, religious,
cultural or social welfare corporation, institution, accredited
nongovernment organization, trust or philanthropic organization
or research institution or organization; Provided, however, That
not more than thirty percent (30%) of said gifts shall be used by
such donee for administration purposes.
5. Donations of intangibles subject to reciprocity;
6. Donations for athlete’s prizes and awards
7. Donations under special laws.
8. Donations under international agreements.
81
ARE CONTRIBUTIONS TO A CANDIDATE IN AN ELECTION
SUBJECT TO DONOR’S TAX? ON THE PART OF THE
CONTRIBUTOR, IS IT ALLOWED AS A DEDUCTION FROM
GROSS INCOME?
No, because the Election Code specifically exempts
it from donor’s taxes provided they are reported to the
COMELEC.
83
PERSONS LIABLE FOR THE DONOR’S TAX
84
RATES OF TAX
85
TIME OF FILING THE DONOR’S TAX RETURN AND
PAYMENT OF DONOR’S TAX
86
PROHIBITION ON TRANSFERS OF REAL PROPERTY
UNTIL ESTATE OR DONOR’S TAXES ARE PAID
87
VALUE-ADDED TAX (VAT)
88
VAT DISTINGUISHED FROM WITHHOLDING TAXES
VAT WITHHOLDING TAX
In indirect taxes, the incidence of In case of withholding taxes, the
taxation falls on one person but incidence and burden of taxation fall on
the burden thereof can be shifted the same entity, the statutory taxpayer.
or passed on to another person, The burden of taxation is not shifted to
such as when the tax is imposed the withholding agent who merely
upon goods before reaching the collects, by withholding the tax due
customer who ultimately pays for from income payments to entities
it. arising from certain transactions and
remits the same to the government.
89
Kinds of VAT:
91
Illustration:
A VAT exempt seller sells to a non-VAT exempt
purchaser. The purchaser is subject to VAT because the
VAT is merely added as part of the purchase price and
not as a tax because the burden is merely shifted. The
seller is still exempt because it could pass on the burden
of paying the tax to the purchaser.
92
Being a consumption tax is a key characteristic of
the VAT. No matter how many the taxable transactions
that precede the final purchase or sale, it is the end-
user, or the consumer, that ultimately shoulders the tax.
93
THE VARIOUS VAT METHODS AND SYSTEMS
1. Tax credit method
2. Cost deduction method
3. Mixture of “cost deduction method” and “tax credit
method”.
94
BASIS USED UNDER THE VAT SYSTEM OF TAXATION
TO DETERMINE WHETHER VAT IS TO BE IMPOSED.
As a general rule, the VAT system uses the
destination principle as a basis for the jurisdictional
reach of the tax.
98
PERSONS REQUIRED TO REGISTER FOR VAT
Any person who, in the course of trade or business, sells,
barters or exchanges goods or properties, or engages in the sale or
exchange of services, shall be liable to register for VAT if:
99
Person taxed under Section 24 (A)(2) (b) and 24 (A)
(2) (c) (2) (a) of the NIRC who elected to pay the
eight percent (8%) tax on gross sales or receipts
NOT allowed optional VAT registration:
100
A) Rate of Tax on Income of Purely Self-employed individuals
and/or Professionals Whose Gross Sales or Gross Receipts
and Other Non-operating Income Does Not Exceed the VAT
Threshold as provided in Sec. 109(BB).
“(a) If Total Gross Sales and/or Gross Receipts and Other Non-
Operating Income Do Not Exceed the VAT Threshold as Provided in
Sec. 109 (BB) of this Code. - The rates prescribed under Subsection
(A)(2)(a) of this Section on taxable income, or 8% income tax based
on gross sales or gross receipts and other non-operating income in
lieu of the graduated income tax rates under Subsection (A)(2)(a) of
this Section and the percentage tax under Sec. 116 of this Code.
102
IMPOSITION OF VAT
a) VAT on sale of goods or properties
104
VAT ON IMPORTATION OF GOODS
“There shall be levied, assessed and collected on
every importation of goods a VAT equivalent to 12%
based on the total value used by the Bureau of Customs
in determining tariff and customs duties, plus customs
duties, excise taxes, if any, and other charges, such tax
to be paid by the importer prior to the release of such
goods from customs custody: Provided, That where the
customs duties are determined on the basis of the
quantity or volume of the goods, the VAT shall be based
on the landed cost plus excise taxes, if any.”
105
TRANSFER OF GOODS BY TAX-EXEMPT PERSONS
“In the case of tax-free importation of goods into the
Philippines by persons, entities or agencies exempt from
tax where such goods are subsequently sold, transferred
or exchanged in the Philippines to non-exempt persons or
entities, the purchasers, transferees or recipients shall be
considered the importers thereof, who shall be liable for
any internal revenue tax on such importation. The tax due
on such importation shall constitute a lien on the goods
superior to all charges or liens on the goods, irrespective
of the possessor thereof.”
106
VAT ON SALE OF SERVICES
107
VAT ON USE OR LEASE OF PROPERTIES
108
TRANSACTIONS DEEMED SALE
1. Transfer, use or consumption not in the course of business of
goods or properties originally intended for sale or for use in
the course of business.
2. Distribution or transfer to: (a) Shareholder or investors as
share in the profits of the VAT-registered persons; or (b)
Creditors in payment of debt.
3. Consignment of goods if actual sale is not made within sixty
(60) days following the date such goods were consigned.
4. Retirement from or cessation of business, with respect to
inventories of taxable goods existing as of such retirement or
cessation.
109
CHANGE OR CESSATION OF STATUS AS VAT-
REGISTERED PERSON
a. Subject to VAT
1. Change of business activity from VAT taxable status to
VAT-exempt status
2. Approval of request for cancellation of a registration due
to reversion to exempt status
3. Approval of request for cancellation of registration due to
desire to revert to exempt status after lapse of 3 consecutive
years.
b. Not subject to VAT
1. Change of control of a corporation
2. Change in the trade or corporate name
3. Merger or consolidation of corporations
110
ZERO-RATED AND EFFECTIVELY ZERO RATED SALES
OF GOODS OR PROPERTIES
111
The “Cross Border Doctrine” is also known as the
destination principle.
112
2. Export sales, or sales outside the Philippines, are
subject to VAT at 0% rate if made by a VAT-registered
person – the seller of such transactions charges no
output tax, but can claim a refund or tax credit certificate
for the VAT previously charged by suppliers.
113
ZERO-RATED SALE DISTINGUISHED FROM EXEMPT
TRANSACTIONS
ZERO-RATED SALE EXEMPT TRANSACTIONS
114
RATIONALE FOR ZERO-RATING OF EXPORTS.
Philippine VAT system adheres to the Cross Border
Doctrine, according to which, no VAT shall be imposed to
form part of the cost of goods destined for consumption
outside of the territorial border of the taxing authority.
a. Export Sales
b. Sales to persons or entities whose exemption under
special laws or international agreements to which the
Philippines is a signatory effectively subjects such sales
to zero rate.
116
ZERO-RATED SALES BY VAT-REGISTERED PERSONS:
The following sales by VAT-registered persons shall be
subject to zero percent (0%) rate:
119
6. The sale of goods, supplies, equipment and fuel to
persons engaged in international shipping or international
air transport operations: Provided, That the goods,
supplies, equipment and fuel shall be used for
international shipping or air transport operations.
122
Sale of goods, properties and services by a VAT-
registered supplier from the Customs Territory to an
ECOZONE enterprise shall be treated as export sales
while
124
Under these Regulations, transactions which, although
not involving actual export, are considered as “constructive
export” shall be entitled to the benefit of zero-rating, such as
local sales of goods and properties to persons or entities
covered under paragraphs (a) no. (3) – (sales to export-
oriented enterprises), (a) no. (6) – (sale of goods, supplies,
equipment and fuel to persons engaged in international
shipping or international air transport operations), (b)
(Foreign Currency Denominated Sale) and (c) Sales to Tax-
Exempt Persons or Entities) of the preceding section.
125
ZERO-RATED SALE OF GOODS AND PROPERTIES
THAT REQUIRE BIR APPROVAL
Except for export sale under Sec. 4. 106-5 (a) and
Foreign Currency Denominated Sale under Sec. 4. 106-
5(b), other cases of zero-rated sales shall require prior
application with the appropriate BIR office for effective
zero-rating. Without an approval application for
effective zero-rating, the transaction otherwise
entitled to zero-rating shall be considered exempt.
The foregoing rule notwithstanding, the Commissioner
may prescribe such rules to effectively implement the
processing of applications for effective zero-rating.
126
Zero-rating for services other than “Processing, manufacturing or
repacking goods for other persons doing business outside the
Philippines which goods are subsequently exported, where the
services are paid for in acceptable foreign currency and accounted
for in accordance with the rules and regulations of the Bangko
Sentral ng Pilipinas (BSP), “rendered to a person engaged in
business conducted outside the Philippines or to a non-resident
person not engaged in business who is outside of the Philippines
when the services are performed, the consideration for which is paid
for in acceptable foreign currency and accounted for in accordance
with the rules and regulations of the Bangko Sentral ng Pilipinas
(BSP).
127
REQUISITES FOR ZERO-RATING UNDER SEC. 108 (B)
(2)
128
VAT-EXEMPT TRANSACTIONS, DEFINITION
1. The sale of goods or properties and/or services and
the use or lease of properties that is
2. not subject to VAT (output tax) and
3. the seller is not allowed any tax credit on VAT (input
tax) purchases.
1. Any person,
2. Whose sales or receipts are exempt under Sec. 109
(BB) of this Code from the payment of VAT
a. And who is not a VAT registered person
3. Shall pay a tax equivalent to 3% of his gross monthly
sales or receipt;
4. Provided, that cooperatives shall be exempt from the
3% gross receipts tax herein imposed.
130
VAT-EXEMPT TRANSACTIONS DISTINGUISHED FROM
VAT-EXEMPT ENTITIES
VAT-EXEMPT TRANSACTIONS VAT-EXEMPT ENTITIES
An exempt transaction involves goods An exempt party is a person or entity
or services which, by their nature, are granted VAT exemption under the
specifically listed in and expressly Tax Code, a special law or an
exempted from the VAT under the Tax international agreement to which the
Code, without regard to the tax status – Philippines is a signatory, and by
VAT-exempt or not – of the party to the virtue of which its taxable
transaction. transactions become exempt from
VAT.
An exempt transaction shall not be the An exempt party being zero-rated is
subject of any billing for output VAT but allowed to claim input tax credits.
it shall not also be allowed any input tax
credits
131
EXEMPT TRANSACTIONS, ENUMERATED
132
SUBJECT TO THE PROVISIONS ON OPTIONAL VAT
REGISTRATION, the following transactions shall be
exempt from VAT:
148
VAT EXEMPT SALES OF REAL PROPERTIES
1. Sale of real properties not primarily held for sale to
customers or held for lease in the ordinary course of trade
or business,
2. Real property utilized for low-cost and socialized housing
as defined by RA No. 7279, otherwise known as the Urban
Development and Housing Act of 1992, and other related
laws,
3. Residential lot valued at One million five hundred thousand
pesos (P1,500,000) and below,
4. House and lot, and other residential dwellings valued at
Two million five hundred thousand pesos (P2,500,000)
and below:
149
Provided, That beginning January 1, 2021, the VAT
exemption shall only apply to sale of real properties not
primarily held for sale to customers or held for lease in the
ordinary course of trade or business, sale of real property
utilized for socialized housing as defined by RA No.7279,
sale of house and lot, and other residential dwellings with
selling price of not more than Two million pesos
(P2,000,000); Provided, further, That every three (3) years
thereafter, the amount herein stated shall be adjusted to its
present value using the Consumer Price Index, as published
by the PSA.
150
VAT EXEMPT LEASE OF RESIDENTIAL UNITS
151
INPUT AND OUTPUT TAX
Output VAT – the value-added tax due on the sale or
lease or taxable goods, properties or services by any
VAT-registered person.
154
SOURCES OF INPUT TAX
156
DETERMINATION OF OUTPUT/INPUT TAX; VAT
PAYABLE; EXCESS INPUT TAX CREDITS
In a sale of goods or properties, the output tax is
computed by multiplying the gross selling price by the regular
rate of VAT.
If the input tax inclusive of input tax carried over from the
previous quarter exceeds the output tax, the excess input tax shall
be carried over to the succeeding quarter or quarters; Provided,
however that any input tax attributable to zero-rated sales by a
VAT-registered person may at its option be refunded or applied for
a tax credit certificate which may be used in the payment of internal
revenue taxes, subject to the limitations as may be provided for by
law, as well as, other implementing rules. 158
SUBSTANTIATION OF INPUT TAX CREDITS
159
QUANTUM OF EVIDENCE TO PROVE CLAIM FOR
REFUND OR CREDIT
160
WHO MAY CLAIM FOR REFUND/APPLY FOR ISSUANCE
OF TAX CREDITS/CERTIFICATES
1. Any VAT-registered person, whose sales are zero-rated
or effectively zero-rated may apply for the issuance of a
tax credit certificate or refund of creditable input tax due
or paid attributable to such sales, except transitional input
tax.
2. A person whose VAT registration has been cancelled due
to retirement from or cessation of business or due to
changes in or cessation of status as VAT-registered apply
for the issuance of a tax credit certificate for any unused
input tax which may be used in payment of his other
internal revenue taxes.
161
REQUISITES FOR ALLOWING A CLAIM FOR REFUND
OR TAX CREDIT FOR UNUTILIZED INPUT VAT:
1. The taxpayer is VAT-registered;
2. The taxpayer is engaged in zero-rated or effectively
zero-rated sales;
3. The input taxes are due or paid;
4. The input taxes are not transitional input taxes;
5. The input taxes have not been applied against output
taxes during and in the succeeding quarters;
6. The input taxes claimed are attributable to zero-rated
or effectively zero-rated sales;
162
7. For zero-rated sales under Sec. 106(A)(2)(1) and (2);
106(B); and 108(B) (1) (2), the acceptable foreign currency
exchange proceeds have been duly accounted for in
accordance with the rules and regulations of the Bangko
Sentral ng Pilipinas;
8. Where there are both zero-rated or effectively zero-rated
sales and taxable or exempt sales, and the input taxes
cannot be directly and entirely attributable to any of these
sales, the input taxes shall be proportionately allocated on
the basis of sales volume; and
9. The claim is filed within two years after the close of the
taxable quarter when such sales were made. 163
PEZA-REGISTERED ENTERPRISE MAY REGISTER
UNDER VAT AND BE ENTITLED TO REFUND.
A PEZA-registered enterprise under Section 23 of RA No.
7916 had two options with respect to its tax burden.
165
DETERMINATION OF PRESCRIPTIVE PERIOD
168
MANNER OF GIVING REFUND
170
ADDITIONAL REQUIREMENT WHERE PURCHASER IS
A VAT-REGISTERED PERSON
171
TAX ON PERSONS EXEMPT FROM VAT
Any person whose sales or receipts are exempt
under Section 109 (BB) of NIRC from the payment of
VAT and who is not a VAT-registered person shall pay a
tax equivalent to three percent (3%) of his gross quarterly
sales or receipts: Provided, That cooperatives, and
beginning January 1, 2019, self-employed and
professionals with total annual gross sales and/or gross
receipts not exceeding Five hundred thousand pesos
(Ᵽ500,000) shall be exempt from the 3% gross receipts
tax herein imposed.
172
INFORMATION CONTAINED IN THE VAT INVOICE
OR VAT OFFICIAL RECEIPT
1. A statement that the seller is a VAT-registered person,
followed by his TIN.
2. The total amount which the purchaser pays or is
obligated to pay to the seller with the indication tht such
amount includes the VAT: Provided, that:
a. The amount of the tax shall be shown as a separate
item in the invoice or receipt.
b. If the sale is exempt from VAT, the term “VAT-
exempt sale” shall be written or printed prominently on
the invoice or receipt.
173
INFORMATION CONTAINED IN THE VAT INVOICE
OR VAT OFFICIAL RECEIPT
c. If the sale is subject to zero percent (0%) VAT, the term “zero-
rated sale” shall be written or printed prominently on the invoice or
receipt.
d. If the sale involves goods, properties or services some of which
are subject to and some of which are VAT zero-rated or VAT-
exempt, the invoice or receipt shall clearly indicate the breakdown
of the sale price between its taxable, exempt and zero-rated
components, and the calculation of the VAT on each portion of the
sale shall be shown on the invoice or receipt; Provided, That the
seller may issue separate invoices or receipts for the taxable,
exempt, and zero-rated components of the sale.
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3. The date of transaction, quantity, unit cost and
description of the goods or properties or nature of the
service.
4. In the case of sales in the amount of one thousand
pesos (Ᵽ1,000) or more where the sale or transfer is
made to a VAT-registered person, the name, business
style, if any, address and TIN of the purchaser, customer
or client.
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SUSPENSION AND TEMPORARY CLOSURE OF A VAT-
REGISTERED PERSON
The Commissioner or his authorized representative is hereby
empowered to suspend the business operations and temporarily close
the business establishment of any person for any of the following
violations:
a. In the case of a VAT-registered person.
1. failure to issue receipts or invoices;
2. failure to file a VAT return as required under Sec.
114; or
3. understatement of taxable sales or receipts by 30%
or more of his correct taxable sales or receipts for the taxable quarter;
4. failure of any person to register as required under
Sec. 236.
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AMOUNTS AS AMENDED BY THE TRAIN EFFECTIVE
JANUARY 1, 2018
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KINDS OF EXCISE TAXES
1. Specific tax, or
2. Ad valorem tax.
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Specific tax. Excise taxes imposed and based on weight
or volume capacity or any other physical unit of
measurement.
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ARTICLES UPON WHICH EXCISE TAX IS DUE
1. Alcohol products
2. Tobacco products
3. Petroleum products such as lubricating oils, greases, gasoline,
asphalt, etc.
4. Miscellaneous articles such as automobiles, non-essential goods
like jewelry, perfumes and toilette waters, yachts and other
vessels intended for pleasure or sports.
5. Mineral products such as minerals, mineral products and quarry
resources.
6. Invasive cosmetic procedures
7. Tax on sweetened beverages
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DOCUMENTARY TAXES
Definition and concept of documentary tax. This is a tax
which is in the form of a stamp affixed, or imprinted through a
documentary stamp metering machine, on documents,
instruments, agreements, and other papers evidencing a
particular transaction involving a right, property or obligation.
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SUBSEQUENT AFFIXTURE OF THE DOCUMENTARY
STAMP CURES THE INFIRMITY OF INADMISSIBILITY
189