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GUIDE NOTES ON VALUE-ADDED TAX

VALUE-ADDED TAX
Q. WHAT IS THE NATURE AND CONCEPT OF VALUE-ADDED TAXES?
* VAT is a percentage tax. There is a percentage fixed by law which will be applied to the gross selling price
in order to arrive to the VAT to be paid.
[CIR v. Seagate Technology (Philippines), GR No. 153866, 11 Feb. 2005.] is a case on a claim for tax
refund/credit of alleged unutilized input VAT paid on capital goods for the period 1 April 1998 to 30 June
1999. It explained the concept of a value-added tax, thus:
Viewed broadly, the VAT is a uniform tax ranging, at present, from 0 percent to 12% levied on every
importation of goods, whether or not in the course of trade or business, or imposed on each sale, barter,
exchange or lease of goods or properties or on each rendition of services in the course of trade or business
as they pass along the production and distribution chain, the tax being limited only to the value added to
such goods, properties or services by the seller, transferor or lessor.
It is an indirect tax that may be shifted or passed on to the buyer, transferee or lessee of the goods,
properties or services. As such, it should be understood not in the context of the person or entity that is
primarily, directly and legally liable for its payment, but in terms of its nature as a tax on consumption.
Situations that may arise: (General Principles)
If at the end of a taxable quarter the output taxes charged by a seller are equal to the input taxes
passed on by the suppliers, no payment is required.
If at the end of a taxable quarter, the output taxes exceed the input taxes, the excess has to be paid
by the seller.
If the input taxes exceed the output taxes, the excess shall be carried over to the succeeding quarter or
quarters
If the input taxes result from zero-rated or effectively zero-rated transactions or from acquisition of
capital goods! any excess over the output taxes shall be refunded to the taxpayer or credited against
other internal revenue taxes.
* Citing CIR v. Seagate Technology (Philippines), the case of Panasonic Communications Imaging
Corporation of the Philippines v. CIR explained value-added tax in this wise:
The VAT is a tax on consumption, an indirect tax that the provider of goods or services may pass on
to his customers.
Under the VAT method of taxation, which is invoice-based, an entity can subtract from the VAT charged on
its sales or outputs the VAT it paid on its purchases, inputs and imports.
For example, when a seller charges VAT on its sale, it issues an invoice to the buyer, indicating the amount
of VAT he charged.
For his part, if the buyer is also a seller subjected to the payment of VAT on his sales, he can use the invoice
issued to him by his supplier to get a reduction of his own VAT liability.
The difference in tax shown on invoices passed and invoices received is the tax paid to the government.
In case the tax on invoices received exceeds that on invoices passed, a tax refund may be claimed.
Q: DEFINE AND DIFFERENTIATE INPUT TAX AND OUTPUT TAX.
The case of CIR v. Benguet Corporation defined input tax and output tax.
Input tax Output tax
Input VAT or input tax represents the actual
payments, costs and expenses incurred by a VAT-
registered taxpayer in connection with his purchase
of goods and services
Thus, "input tax" means the value-added tax
paid by a VAT-registered person/entity in the
course of his/its trade or business on the
importation of goods or local purchases of
goods or services from a VAT-registered person
When that person or entity sells his/its products or
services, the VAT-registered taxpayer generally
becomes liable for 12% of the selling price as
output VAT or output tax.
Hence, "output tax" is the value-added tax on
the sale of taxable goods or services by any
person registered or required to register under
Section 107 of the (old) Tax Code.
Q: HOW CAN A VAT-REGISTERED TAXPAYER RECOVER ITS INPUT VAT?
The VAT system of taxation allows a VAT-registered taxpayer to recover its input VAT either by
(1) passing on the 12% output VAT on the gross selling price or gross receipts, as the case may be, to its
buyers, or
(2) if the input tax is attributable to the purchase of capital goods or to zero-rated sales, by filing a claim for a
refund or tax credit with the BIR.
Simply stated, a taxpayer subject to 12% output VAT on its sales of goods and services may recover its input
VAT costs by passing on said costs as output VAT to its buyers of goods and services but it cannot claim the
same as a refund or tax credit, while a taxpayer subject to 0% on its sales of goods and services may only
recover its input VAT costs by filing a refund or tax credit with the BIR.
Q: Illustrate input tax, output tax and VAT payable
X Corp, manufacturer, sold goods to Y, a retailer, for 100,000 plus vat of 12,000 (so Y bought it for 112,000)
Then, Y resold the goods to Z, end-consumer for 150,000 plus VAT of 18,000 (so Z bought it for 168,000)
On the part of Y, the retailer,
-His INPUT TAX is 12,000 because this tax was passed on to him when he bought goods from X Corp.
-His OUTPUT TAX is 18,000 because this is the tax he passed on to Z.
-In this case, Y will pay for/ultimately be liable for the vat of 6,000 on the sale because the output tax is
greater than the input tax. (see 2
nd
situation in first page)
Q: Illustrative problem (Co-Untian)
X is a VAT registered person. He bought goods from Y for 12,500, exclusive of VAT. X then sold these goods
to consumer Z for 15,000, exclusive of the VAT
(a) How much is the VAT payable by X to the BIR?
Xs purchase has an input tax of 1,500 (12,500 x 12%) and his re-sale transaction has an output
tax of 1,800 (15,000 x 12%) The VAT payable by X is the difference of the output tax and the input
tax thus it is 300 (1800-1500)
(b) How much can X claim as a tax credit?
X may claim the 1,500 input tax on his purchase as a tax credit. This is why it was deducted from
1,800.
(c) Can Z claim a tax credit?
No. He is the end-consumer. He ultimately bears the tax burden.
SEC. 105. Persons Liable.
Any person who, in the course of trade or business, sells barters, exchanges, leases goods or properties, renders
services, and any person who imports goods shall be subject to the value-added tax (VAT) imposed in Sections 106 to
108 of this Code.
The value-added tax is an indirect tax and the amount of tax may be shifted or passed on to the buyer, transferee or
lessee of the goods, properties or services. This rule shall likewise apply to existing contracts of sale or lease of goods,
properties or services at the time of the effectivity of Republic Act No. 7716.
The phrase 'in the course of trade or business' means the regular conduct or pursuit of a commercial or an economic
activity, including transactions incidental thereto, by any person regardless of whether or not the person engaged
therein is a non-stock, nonp-rofit 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 course of trade or business.
Q: UNDER 1
ST
PARAGRAPH OF SEC 105, WHAT ARE THE VAT-ABLE TRANSACTIONS? [SALE, IMPORTATION AND
SERVICES]
Sale, barter, exchange of goods or properties
Transactions deemed sale
Importation of goods [does not have to be exercised in the ordinary course of business]
Sale of services and use or lease of properties
Q: UNDER PAR 2, VAT IS AN INDIRECT TAX. DISTINGUISH BETWEEN LIABILITY FOR THE TAX AND BURDEN OF THE TAX.
* The case of Contex Corporation v. CIR made a distinction between the two concepts. It provided [[Contex
Corporation v. CIR, GR No. 151135, 2 July 2004.]
At this juncture, it must be stressed that the VAT is an indirect tax. As such, the amount of tax paid on the
goods, properties or services bought, transferred, or leased may be shifted or passed on by the seller,
transferor, or lessor to the buyer, transferee or lessee.
Unlike a direct tax, such as the income tax, which primarily taxes an individuals ability to pay based on his
income or net wealth, an indirect tax, such as the VAT, is a tax on consumption of goods, services, or
certain transactions involving the same. The VAT, thus, forms a substantial portion of consumer
expenditures.
Further, in indirect taxation, there is a need to distinguish between the liability for the tax and the burden of
the tax.
As earlier pointed out, the amount of tax paid may be shifted or passed on by the seller to the buyer.
What is transferred in such instances is not the liability for the tax, but the tax burden.
In adding or including the VAT due to the selling price, the seller remains the person primarily and legally
liable for the payment of the tax. What is shifted only to the intermediate buyer and ultimately to the final
purchaser is the burden of the tax.

Stated differently, a seller who is directly and legally liable for payment of an indirect tax, such as the
VAT on goods or services is not necessarily the person who ultimately bears the burden of the same
tax.
It is the final purchaser or consumer of such goods or services who, although not directly and
legally liable for the payment thereof, ultimately bears the burden of the tax.
Q: WHAT IS MEANT BY IN THE COURSE OF TRADE OR BUSINESS?
* The case of CIR v. Magsaysay Lines, Inc GR No. 146984. involved the sale by the National Development
Company of five of its vessels to Magsaysay Lines, Inc. The issue was whether such sale was within the
coverage of VAT. The Supreme Court found that the sale of the vessels was not in the ordinary course of
trade or business. As such, the transaction was outside the coverage of VAT.
That the sale of the vessels was not in the ordinary course of trade or business of NDC was appreciated by
both the CTA and the Court of Appeals, the latter doing so even in its first decision which it eventually
reconsidered. We cite with approval the CTAs explanation on this point:
In Imperial v. Collector of Internal Revenue, G.R. No. L-7924, September 30, 1955 (97 Phil. 992), the
term "carrying on business" does not mean the performance of a single disconnected act, but means
conducting, prosecuting and continuing business by performing progressively all the acts normally incident
thereof; while "doing business" conveys the idea of business being done, not from time to time, but all the
time.
"Course of business" is what is usually done in the management of trade or business.
What is clear therefore, based on the aforecited jurisprudence, is that "course of business" or "doing
business" connotes regularity of activity. In the instant case, the sale was an isolated transaction. The sale
which was involuntary and made pursuant to the declared policy of Government for privatization
could no longer be repeated or carried on with regularity. It should be emphasized that the normal VAT-
registered activity of NDC is leasing personal property.

This finding is confirmed by the Revised Charte of the NDC which bears no indication that the NDC was
created for the primary purpose of selling real property.

The conclusion that the sale was not in the course of trade or business, which the CIR does not dispute
before this Court should have definitively settled the matter. Any sale, barter or exchange of goods or
services not in the course of trade or business is not subject to VAT.
The decision contained an explanation of VAT, to wit:
A brief reiteration of the basic principles governing VAT is in order. VAT is ultimately a tax on consumption,
even though it is assessed on many levels of transactions on the basis of a fixed percentage.
It is the end user of consumer goods or services which ultimately shoulders the tax, as the liability therefrom
is passed on to the end users by the providers of these goods or services who in turn may credit their own
VAT liability (or input VAT) from the VAT payments they receive from the final consumer (or output VAT).
The final purchase by the end consumer represents the final link in a production chain that itself involves
several transactions and several acts of consumption.
The VAT system assures fiscal adequacy through the collection of taxes on every level of consumption, yet
assuages the manufacturers or providers of goods and services by enabling them to pass on their
respective VAT liabilities to the next link of the chain until finally the end consumer shoulders the entire tax
liability.
Yet VAT is not a singular-minded tax on every transactional level. Its assessment bears direct relevance
to the taxpayers role or link in the production chain. Hence, as affirmed by Section 99 of the Tax Code
and its subsequent incarnations, the tax is levied only on the sale, barter or exchange of goods or
services by persons who engage in such activities, in the course of trade or business.
These transactions outside the course of trade or business may invariably contribute to the production chain,
but they do so only as a matter of accident or incident.
As the sales of goods or services do not occur within the course of trade or business, the providers of such
goods or services would hardly, if at all, have the opportunity to appropriately credit any VAT liability as
against their own accumulated VAT collections since the accumulation of output VAT arises in the first place
only through the ordinary course of trade or business)
** In the case of CIR v. CA, COMASERCO, being a non-stock non-profit organization, contended that it was
operating on a reimbursement-of-cost basis, that its operations were not profit-oriented and not in
the course of trade of business, and that therefore, it was not liable to pay VAT. The Supreme Court held
that Section 105 of the 1997 Tax Code was clear and unambiguous in stating that even non-stock non-profit
organizations were liable to pay VAT on the sale of goods or services.
***N.B. Booch Difference of CIR v. Magsaysay v. CIR v. CA, Comaserco:
SEC. 106. Value-Added Tax on Sale of Goods or Properties. -
(A) Rate and Base of Tax. - There shall be levied, assessed and collected on every sale, barter or exchange of goods or
properties, value-added tax equivalent to twelve percent (12%) of the gross selling price or gross value in money of the
goods or properties sold, bartered or exchanged, such tax to be paid by the seller or transferor.
(1) The term 'goods' or 'properties' shall mean all tangible and intangible objects which are capable of pecuniary
estimation and shall include:

(a) Real properties held primarily for sale to customers or held for lease in the ordinary course of trade or business;
(b) The right or the privilege to use patent, copyright, design or model, plan, secret formula or process, goodwill,
trademark, trade brand or other like property or right;
(c) The right or the privilege to use in the Philippines of any industrial, commercial or scientific equipment;
(d) The right or the privilege to use motion picture films, tapes and discs; and
(e) Radio, television, satellite transmission and cable television time.
The term 'gross selling price' means the total amount of money or its equivalent which the purchaser pays or is
obligated to pay to the seller in consideration of the sale, barter or exchange of the goods or properties, excluding the
value-added tax. The excise tax, if any, on such goods or properties shall form part of the gross selling price.
Q: WHAT IS A SALE OF GOODS OR PROPERTIES?
* In CIR v. Sony Philippines, Inc., Sony Philippines engaged the services of several advertising
companies.
Due to Sony Philippines dire economic conditions, Sony International Singapore handed Sony Philippines a
dole-out to answer for the expenses payable to the advertising companies. Sony Philippines was thereafter
assessed deficiency VAT for the transaction, i.e., dole-out, between Sony International Singapore and Sony
Philippines. The Supreme Court ruled that the dole-out or subsidy from the Singaporean company to
the Philippine company neither constituted a sale of goods or properties, nor a sale of services.
Hence, Sony Philippines was not liable to pay VAT on the same.
[CIR v. Sony Philippines, Inc., GR No. 178697, 17 Nov. 2010.]
106(A)(2) Zero-Rated Sales of Goods
(2) The following sales by VAT-registered persons shall be subject to zero percent (0%) rate:

(a) Export Sales. - The term 'export sales' means:
(1) The sale and actual shipment of goods from the Philippines to a foreign country, irrespective of any shipping
arrangement that may be agreed upon which may influence or determine the transfer of ownership of the goods so
exported and paid for in acceptable foreign currency or its equivalent in goods or services, and accounted for in
accordance with the rules and regulations of the Bangko Sentral ng Pilipinas (BSP);
(2) Sale of raw materials or packaging materials to a nonresident buyer for delivery to a resident local export-oriented
enterprise to be used in manufacturing, processing, packing or repacking in the Philippines of the said buyer's goods
and paid for in acceptable foreign currency and accounted for in accordance with the rules and regulations of the
Bangko Sentral ng Pilipinas (BSP);
(3) Sale of raw materials or packaging materials to export-oriented enterprise whose export sales exceed seventy
percent (70%) of total annual production;
(4) Sale of gold to the Bangko Sentral ng Pilipinas (BSP); and
(5) Those considered export sales under Executive Order NO. 226, otherwise known as the Omnibus Investment Code
of 1987, and other special laws.
Q: DISTINGUISH BETWEEN VAT RATING AND ZERO-RATING.
* The case of CIR v. Benguet Corporation explained VAT rating vis-as-vis zero-rating in principle, as well as
by way of illustration, to wit:
In transactions taxed at a 12% rate (VAT rating), when at the end of any given taxable quarter the output
VAT exceeds the input VAT, the excess shall be paid to the government; when the input VAT exceeds the
output VAT, the excess would be carried over to VAT liabilities for the succeeding quarter or quarters.
On the other hand, transactions which are taxed at zero-rate do not result in any output tax. Input VAT
attributable to zero-rated sales could be refunded or credited against other internal revenue taxes at the
option of the taxpayer.
To illustrate, in a zero-rated transaction, when a VAT-registered person (taxpayer) purchases materials
from his supplier at P80.00, P7.30 of which was passed on to him by his supplier as the latters 10% output
VAT, the taxpayer is allowed to recover P7.30 from the BIR, in addition to other input VAT he had incurred
in relation to the zero-rated transaction, through tax credits or refunds.
When the taxpayer sells his finished product in a zero-rated transaction, say, for P110.00, he is not required
to pay any output VAT thereon. In the case of a transaction subject to 10% VAT, the taxpayer is allowed to
recover both the input VAT of P7.30 which he paid to his supplier and his output VAT of P2.70 (10% the
P30.00 value he has added to the P80.00 material) by passing on both costs to the buyer. Thus, the buyer
pays the total 10% VAT cost, in this case P10.00 on the product.
[CIR v. Benguet Corporation, GR Nos. 134587 & 134588, 8 July 2005.]
Q: DISTINGUISH BETWEEN VAT EXEMPTION AND ZERO-RATING.
The case of Contex Corporation v. CIR enumerated two ways by which a transaction could have preferential
treatment under the VAT system, namely: (1) VAT exemption; and (2) zero-rating.
Exemptions from VAT are granted by express provision of the Tax Code or special laws. Under VAT, the
transaction can have preferential treatment in the following ways:
Vat Exempt Sales (Vat-Exempt) Zero Rated Sales (Zero Rating)
Simply put, the VAT is removed at the exempt
stage (e.g. point of the sale, barter, etc)
These are sales by VAT-registered persons which
are subject to 0% rate, meaning the tax burden is
not passed on to the purchaser.
A zero-rated sale or transaction by a VAT-
registered person, which is a taxable transaction
for VAT purposes, does not result in any output
tax (still a taxable transaction)
A VAT-Registered purchaser of VAT-exempt goods/
properties/services which are exempt from VAT is
not entitled to any input tax on such purchase.
The seller of exempt goods properties or services
shall not bill any output tax.
The input VAT on the purchases of a VAT-
registered person with zero-rated sales may be
allowed as tax credits or refunded
Exemption only removes the VAT at the exempt
stage, and it will actually increase, rather than
reduce the total taxes paid by the exempt firms
business or non-retail customers.
There is only partial relief because the
purchase is not allowed any tax refund or credit
for input taxes paid.
Under zero-rating, all VAT is removed from the
zero-rated goods, activity or firm
[In] zero rating, there is total relief for the purchaser
from the burden of the tax
Q: Distinguish between zero-rated transactions and effectively zero-rated transactions.
The case of CIR v. Seagate Technology (Philippines) addressed this issue. It stated that the difference is
primarily as to their source.
Zero-Rated Effectively Zero-Rated
Zero-rated transactions generally refer to the
export sale of goods and supply of services.
The tax rate is set at zero.
When applied to the tax base, such rate obviously
results in no tax chargeable against the purchaser.
The seller of such transactions charges no output
tax, but can claim a refund of or a tax credit
certificate for the VAT previously charged by
suppliers
Effectively zero-rated transactions refer to the
sale of goods or supply of services to persons or
entities whose exemption under special laws or
international agreements to which the Philippines is
a signatory effectively subjects such transactions to
a zero rate.
Again, as applied to the tax base, such rate does
not yi el d any tax chargeabl e agai nst the
purchaser.
The seller who charges zero output tax on such
transactions can also claim a refund of or a tax
credit certificate for the VAT previously charged by
suppliers.
Applying the destination principle to the exportation
of goods, automatic zero rating is primarily
intended to be enjoyed by the seller who is directly
and legally liable for the VAT, making such seller
internationally competitive by allowing the refund or
credit of input taxes that are attributable to export
sales.
Effective zero rating, on the contrary, is intended
to benefit the purchaser who, not being directly and
legally liable for the payment of the VAT, will
ultimately bear the burden of the tax shifted by the
suppliers
106(A)(2)(a) Export Sales
Q: What is the cross-border doctrine?
* According to CIR v. Toshiba Information Equipment (Phils.), Inc., the Philippines adheres to the cross-
border doctrine which means that 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.
Hence:
actual export of goods and services from the Philippines to a foreign country must be free of VAT;
On the other hand, those destined for use or consumption within the Philippines shall be imposed with ten
percent (10%) [now 12%] VAT.
Additionally, sales made by an enterprise within a non-ECOZONE territory, i.e., Customs Territory, to an
enterprise within an ECOZONE territory shall be free of VAT.
[CIR v. Toshiba Information Equipment (Phils.), Inc., GR No. 150154, 9 Aug. 2005.]
[[106(A)(2)(a)(1) Actual Shipment of Goods from the Philippines to a Foreign
Country (ZRT): The sale and actual shipment of goods from the Philippines to a foreign country, irrespective of
any shipping arrangement that may be agreed upon which may influence or determine the transfer of ownership of the
goods so exported and paid for in acceptable foreign currency or its equivalent in goods or services, and accounted for
in accordance with the rules and regulations of the Bangko Sentral ng Pilipinas (BSP)]]
Q: Give examples of export sales in the form of actual shipment of goods from the Philippines to a
foreign country.
* Toshiba Information Equipment (Phils.), Inc. v. CIR is a claim for tax refund/credit of alleged unutilized input
VAT on local purchases of goods and services which are attributable to export sales for the first and second
quarters of 1997. [NOTE: This is different from the Toshiba Case previously cited.]
In the case at bar, the CIR, in the Joint Stipulation of Facts and Issues, admitted that Toshiba was a
registered VAT entity and that it was subject to 0% VAT on its export sales. Later, in his Motion for
Reconsideration of the adverse Court of Tax Appeals decision, the CIR would argue that Toshiba was not
entitled to its claim for tax refund/credit because it was VAT-exempt and its export sales were VAT-
exempt transactions (CIR argued this way because if the export sales were VAT exempt, then it would be
entitled to claim any credit from input tax)
The Supreme Court ruled that Toshiba was a registered VAT entity and its export sales were subject to 0%
VAT.
Note: Remember, a zero-rated sale by a VAT-registered person, which is a taxable transaction for VAT
purposes, shall not result in any output tax. However, the input tax on his purchases of goods, properties or
services related to such zero-rated sale shall be available as tax credit or refund in accordance with these
regulations
[Toshiba Information Equipment (Phils.), Inc. v. CIR, GR No. 157594, 9 Mar. 2010.]
The case of Intel Technology Philippines, Inc. v. CIR is a claim for tax refund/credit of alleged unutilized input
VAT on local purchases of goods and services which are attributable to export sales for the second quarter
of 1998.
To prove that it was engaged in the sale and actual shipment of goods from the Philippines to a foreign
country and therefore entitled to tax credit of input VAT, Intel Technology presented documentary evidence
such as summary of export sales, sales invoices, official receipts, airway bills, and export
declarations.
And, to prove that payment was made in acceptable foreign currency or its equivalent in goods or services,
and accounted for in accordance with the rules and regulations of the Bangko Sentral ng Pilipinas (BSP), a
certification of inward remittances was presented by Intel Technology
The Supreme Court found that Intel Technologys evidence sufficiently established that it was engaged in
export sales.
Note: Based on Sec 106, export sales, or sales outside the Philippines, are subject to VAT at 0% rate if
made by a VAT-registered person. When applied to the tax base, the 0% rate obviously results in no tax
chargeable against the purchaser. 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.
Additionally, Under Sections 106 (A)(2)(a)(1) in relation to 112(A) of the Tax Code, a taxpayer engaged in
zero-rated or effectively zero-rated transactions may apply for a refund or issuance of a tax credit certificate
for input taxes paid attributable to such sales upon complying with the following requisites: (1) the taxpayer
is engaged in sales which are zero-rated (like export sales) or effectively zero-rated; (2) the taxpayer is VAT-
registered; (3) the claim must be filed within two years after the close of the taxable quarter when such sales
were made; (4) the creditable input tax due or paid must be attributable to such sales, except the transitional
input tax, to the extent that such input tax has not been applied against the output tax; and (5) in case of
zero-rated sales under Section 106(A)(2)(a)(1) and (2), Section 106(B), and Section 108(B)(1) and (2), the
acceptable foreign currency exchange proceeds thereof had been duly accounted for in accordance with
BSP rules and regulations. It is added that, "where the taxpayer is engaged in zero-rated or effectively zero-
rated sale and also in taxable or exempt sale of goods or properties or services, and the amount of
creditable input tax due or paid cannot be directly or entirely attributed to any one of the transactions, it shall
be allocated proportionately on the basis of the volume of the sales
[Intel Technology Philippines, Inc. v. CIR, GR No. 166732, 27 Apr. 2007.]
106(A)(2)(a)(2) Sale of Raw Materials to a Nonresident Buyer for Delivery to a
Resident Local Export-Oriented Enterprise: Sale of raw materials or packaging materials to a
nonresident buyer for delivery to a resident local export-oriented enterprise to be used in manufacturing, processing,
packing or repacking in the Philippines of the said buyer's goods and paid for in acceptable foreign currency and
accounted for in accordance with the rules and regulations of the Bangko Sentral ng Pilipinas (BSP);
106(A)(2)(a)(3) Sale of Raw Materials to Export-Oriented Enterprise: Sale of raw
materials or packaging materials to export-oriented enterprise whose export sales exceed seventy percent (70%) of total
annual production;
Q: Give an example of a sale of raw materials to an export-oriented enterprise.
* Section 106(A)(2)(a)(3) of the 1997 Tax Code pertains to the sale of raw materials or packaging materials
to an export-oriented enterprise whose export sales exceed 70% of total annual production. With
respect to the extent of the relief, the Supreme Court held that:
Thus, the 0% rate applies to the total sale of raw materials or packaging materials to an export-
oriented enterprise and not just the percentage of the sale in proportion to the actual exports of the
enterprise.
[Atlas Consolidated Mining and Development Corporation v. CIR, GR No. 146221, 25 Sept. 2007.]
106(A)(2)(a)(4) Sale of Gold to the BSP
Q: Give an example of a sale of gold to the BSP.
CIR v. Benguet Corporation is a claim for tax refund/credit of alleged unutilized input VAT on Benguet
Corporations sale of gold to the Bangko Sentral ng Pilipinas for the period 1 August 1989 to 31 July 1991.
[NOTE: At the time the subject transaction was made, the treatment of sale of gold to the BSP as export
sales was merely based on BIR issuances. Today, such treatment is already contained in the 1997 Tax
Code.]
[CIR v. Benguet Corporation, GR Nos. 134587 & 134588, 8 July 2005.]
106(A)(2)(a)(5) Export Sales under the Omnibus Investment Code of 1987 and
Other Special Laws
Q: Give an example of export sales under the Omnibus Investment Code of 1987 and other special
laws.
In Panasonic Communications Imaging Corporation of the Philippines v. CIR, Panasonic produced and
exported paper copiers and their sub-assemblies, parts, and components. It was registered with the Board
of Investments as a preferred pioneer enterprise under the Omnibus Investment Code of 1987; it was a
registered VAT enterprise; and its export sales were zero-rated.
[Panasonic Communications Imaging Corporation of the Philippines v. CIR, GR No. 178090, 8 Feb. 2010.]
106(A)(2)(a)(6) Sale of Goods to Persons Engaged in International Shipping or Air
Transport Operations
106(A)(2)(b) Foreign Currency Denominated Sale: The phrase 'foreign currency denominated
sale' means sale to a nonresident of goods, except those mentioned in Sections 149 and 150, assembled or
manufactured in the Philippines for delivery to a resident in the Philippines, paid for in acceptable foreign
currency and accounted for in accordance with the rules and regulations of the Bangko Sentral ng Pilipinas
(BSP).
106(A)(2)(c) Zero-Rated Sales pursuant to Special Laws or International
Agreements
106(B) Transactions Deemed Sale:
106(B)(1) Transfer Not in the Course of Trade or Business of Goods/Services
Originally Intended for Sale/Use in the Course of Trade or Business
106(B)(2) Other Transactions:
These are:
(1) transfer to shareholders/investors as share in the profits of a VAT-registered person/entity;
(2) transfer to creditors in payment of debt;
(3) consignment of goods, if actual sale is not made within 60 days following the date such goods were consigned; and
(4) retirement from or cessation of business, with respect to inventories of taxable goods existing as of such retirement
or cessation.
Q: Give an example of a transaction deemed sale under this provision.
* In San Roque Power Corporation v. CIR, San Roque Power Corporation was engaged in the supply of
electricity to the National Power Corporation. Such sale of service qualified as a zero-rated transaction
under Section 108(B)(3) of the 1997 Tax Code.
A portion of SRPCs claim for tax refund/credit for alleged unutilized input VAT was attributable to a sale
of electricity to NPC that was made during the testing period sometime in 2002, for which SRPC was
paid an amount of Php 42.5 million.
The issue was whether such sale qualified for zero-rating. The Supreme Court held that although the sale
was not a commercial sale or in the normal course of business, it was a transaction deemed sale under
Section 106(B)(1) of the 1997 Tax Code. It thus qualified for zero-rating.
[San Roque Power Corporation v. CIR, GR No. 180345, 25 Nov. 2009.]
106(C) Changes in or Cessation of Status of a VAT-Registered Person
106(D) Sales Returns, Allowances, and Sales Discounts
106(E) Authority of the Commissioner to Determine the Appropriate Tax Base
Sec. 107, Value-Added Tax on Importation of Goods
Q: Does VAT apply on every importation of goods?
* In explaining value-added tax, CIR v. Seagate Technology (Philippines) stated that VAT shall be
imposed on every importation of goods, whether or not in the course of trade or business. This is
unlike VAT on sale of goods or properties which must be in the course of trade or business.
Otherwise, the person/transaction shall not be liable to pay VAT. Pertinent portion of the decision
read:
Viewed broadly, the VAT is a uniform tax ranging, at present, from 0 percent to 10 percent [now 12
percent] levied on every importation of goods, whether or not in the course of trade or business, or
imposed on each sale, barter, exchange or lease of goods or properties or on each rendition of
services in the course of trade or business as they pass along the production and distribution chain,
the tax being limited only to the value added to such goods, properties or services by the seller,
transferor or lessor.
[CIR v. Seagate Technology (Philippines), GR No. 153866, 11 Feb. 2005.]
Sec. 108, Value-Added Tax on Sale of Services and Use or Lease of Properties
108(A) Rate and Base of Tax
Q: What is a sale of services?
* In CIR v. Sony Philippines, Inc., Sony Philippines engaged the services of several advertising
companies. Due to Sony Philippines dire economic conditions, Sony International Singapore handed
Sony Philippines a dole-out to answer for the expenses payable to the advertising companies. Sony
Philippines was thereafter assessed deficiency VAT for the transaction, i.e., dole-out, between Sony
International Singapore and Sony Philippines. The Supreme Court ruled that the dole-out or subsidy
from the Singaporean company to the Philippine company neither constituted a sale of goods or
properties, nor a sale of services. Hence, Sony Philippines was not liable to pay VAT on the same.
[CIR v. Sony Philippines, Inc., GR No. 178697, 17 Nov. 2010.]
** Quezon City v. ABS-CBN Broadcasting Corporation dealt with VAT-able sales of 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.
[NOTE: Section 119 of the Tax Code imposes a percentage tax, in the form of a 3% franchise tax, on
radio and television broadcasting companies whose annual gross receipts do not exceed Php 10
million. Such franchise holders, however, has the option of paying 3% franchise tax or 12% VAT. On
the other hand, radio and television broadcasting companies whose annual gross receipts exceed
Php 10 million are governed by Section 108 of the 1997 Tax Code. They are liable to pay VAT, and do
not have the option to choose between paying franchise tax or VAT.]
ABS-CBN, being a broadcasting company with yearly gross receipts exceeding Php 10 million, was
found liable to pay VAT.
[Quezon City v. ABS-CBN Broadcasting Corporation, GR No. 166408, 6 Oct. 2008.]
*** Section 108 of the 1997 Tax Code defines sale of services as the performance of all kinds of
services in the Philippines for others for a fee, remuneration or consideration, including supply of
technical advice, assistance or services rendered in connection with technical management or
administration of any scientific, industrial or commercial undertaking, venture, project or scheme. In
the case of CIR v. CA, COMASERCO was a non-stock non-profit organization engaged in the sale of
services of such nature. However, COMASERCO argued that its sales of services were not subject to
VAT because although it charged a fee for such sales, the organization was operating on a
reimbursement-of-cost basis and hence, did not derive profit from such sales. The Supreme Court
held that any sale of services for a fee, remuneration or consideration is subject to VAT, regardless of
any profit derived therefrom.
[CIR v. CA, GR No. 125355, 30 Mar. 2000.]
**** Sale of services includes lease of motion picture films, films, tapes and discs. In CIR v. SM
Prime Holdings, Inc., SM Prime and First Asia were engaged in the business of operating cinema
houses. At issue was whether cinema operators/proprietors were liable to pay VAT, on top of the
amusement tax imposed by the 1991 LGC. The Supreme Court conceded that the enumeration of
services subject to VAT under Section 108 of the 1997 Tax Code was not exhaustive. However,
lease of motion picture films, films, tapes and discs did not equate to showing or exhibition of
motion pictures or films. SM Prime and First Asia were not liable to pay VAT.
[CIR v. SM Prime Holdings, Inc., GR No. 183505, 26 Feb. 2010.]
***** Sonza v. ABS-CBN Broadcasting Corporation differentiated between services rendered pursuant
to an employer-employee relationship and services rendered by an independent contractor pursuant
to a contractual relationship. Subsumed under the latter, professionals such as talent and television
and radio broadcasters are liable to pay VAT.
[Sonza v. ABS-CBN Broadcasting Corporation, GR No.138051, 10 June 2004.]
108(B) Zero-Rated Sales of Services
Q: What is the destination principle? Are there exceptions to the rule?
* According to CIR v. American Express International, Inc.: As a general rule, the VAT system uses
the destination principle as a basis for the jurisdictional reach of the tax. Goods and services are
taxed only in the country where they are consumed. Thus, exports are zero-rated, while imports are
taxed. The decision proceeded to define consumption as the use of a thing in a way that thereby
exhausts it. Applied to services, it means the performance or successful completion of a contractual
duty, usually resulting in the performers release from any past or future liability.
Exceptions to the destination principle are found in Section 108(B) of the 1997 Tax Code. They are
deemed exceptions because although the services are performed in the Philippines, upon
compliance with certain requirements, the sales of such services are zero-rated.
[CIR v. American Express International, Inc. (Philippine Branch), GR No. 152609, 29 June 2005.]
108(B)(1) Processing, Manufacturing, or Repacking Goods for Other Persons Doing Business
outside the Philippines
108(B)(2) Services Other than Those Mentioned in the Preceding Paragraph
Q: Cite examples of services other than processing, manufacturing, or repacking of goods.
* In CIR v. American Express International, Inc., Amex Phils. facilitated in the Philippines the
collection and payment of receivables belonging to its Hong Kong-based foreign client, Amex HK,
and getting paid for it in acceptable foreign currency and accounted for in accordance with the rules
and regulations of the BSP. The Supreme Court ruled that the facilitation services Amex Phils.
rendered in the Philippines fell under Section 108(B)(2) of the 1997 Tax Code.
[CIR v. American Express International, Inc., GR No. 152609, 29 June 2005.]
** In CIR v. Placer Dome Technical Services (Phils.) Inc., Placer Dome Canada engaged the services
of Placer Dome Phils. to perform the clean-up and rehabilitation of the Makalupnit and Boac Rivers in
Marinduque. Placer Dome Phils. argued that its sale of services to Placer Dome Canada was a zero-
rated transaction under Section 108(B)(2) of the 1997 Tax Code. Citing CIR v. American Express
International, Inc., the Supreme Court upheld Placer Dome Phils. argument.
[CIR v. Placer Dome Technical Services (Philippines), Inc., GR No. 164365, 8 June 2007.]
*** In CIR v. Burmeister and Wain Scandinavian Contractor Mindanao, Inc., Burmeister was engaged
in the actual operation and management of two power barges in Mindanao. It claimed that its
transactions were subject to zero-rating under Section 108(B)(2) of the 1997 Tax Code. The Supreme
Court denied Burmeisters claim on the ground that Section 108(B)(2) of the 1997 Tax Code
additionally required that the payer-recipient of the services must be doing business outside the
Philippines. It ruled in this manner:
The Tax Code not only requires that the services be other than processing, manufacturing or
repacking of goods and that payment for such services be in acceptable foreign currency accounted
for in accordance with BSP rules. Another essential condition for qualification to zero-rating under
Section 102(b)(2) is that the recipient of such services is doing business outside the
Philippines. While this requirement is not expressly stated in the second paragraph of Section
102(b), this is clearly provided in the first paragraph of Section 102(b) where the listed services must
be for other persons doing business outside the Philippines. The phrase for other persons
doing business outside the Philippines not only refers to the services enumerated in the first
paragraph of Section 102(b), but also pertains to the general term services appearing in the second
paragraph of Section 102(b). In short, services other than processing, manufacturing, or repacking of
goods must likewise be performed for persons doing business outside the Philippines.
[NOTE: In relation to CIR v. American Express International, Inc. and CIR v. Placer Dome Technical
Services (Philippines), Inc. discussed above, said cases stated that consumption of the services
abroad is not a requirement for zero-rating. However, on the basis of CIR v. Burmeister & Wain
Contractor Mindanao, Inc., the payer-recipient of the services must be doing business outside
of the Philippines.]
[CIR v. Burmeister & Wain Scandinavian Contractor Mindanao, Inc., GR No. 153205, 22 Jan. 2007.]
108(B)(3) Zero-Rated Sales pursuant to Special Laws or International Agreements
Q: Distinguish between zero-rated transactions [e.g., Sec. 108(B)(1)-(2)] and effectively zero-rated
transactions [e.g., Sec. 108(B)(3)].
* The case of CIR v. Seagate Technology (Philippines) addressed this issue. It stated that:
Although both are taxable and similar in effect, zero-rated transactions differ from effectively zero-
rated transactions as to their source.
Zero-rated transactions generally refer to the export sale of goods and supply of services. The tax
rate is set at zero. When applied to the tax base, such rate obviously results in no tax chargeable
against the purchaser. The seller of such transactions charges no output tax, but can claim a refund
of or a tax credit certificate for the VAT previously charged by suppliers.
Effectively zero-rated transactions, however, refer to the sale of goods or supply of services to
persons or entities whose exemption under special laws or international agreements to which the
Philippines is a signatory effectively subjects such transactions to a zero rate. Again, as applied to the
tax base, such rate does not yield any tax chargeable against the purchaser. The seller who charges
zero output tax on such transactions can also claim a refund of or a tax credit certificate for the VAT
previously charged by suppliers.
The decision went on to say (under the subheading Zero Rating and Exemption):
Applying the destination principle to the exportation of goods, automatic zero rating is primarily
intended to be enjoyed by the seller who is directly and legally liable for the VAT, making such seller
internationally competitive by allowing the refund or credit of input taxes that are attributable to export
sales. Effective zero rating, on the contrary, is intended to benefit the purchaser who, not being
directly and legally liable for the payment of the VAT, will ultimately bear the burden of the tax shifted
by the suppliers. (Emphasis supplied.)
[CIR v. Seagate Technology (Philippines), GR No. 153866, 11 Feb. 2005.]
Q: Give examples of effectively zero-rated sales of services pursuant to special laws.
* In CIR v. Acesite (Philippines) Hotel Corporation, Acesite was the operator of Holiday Inn Manila
Pavilion Hotel. It leased a portion of its premises to PAGCOR for casino operations. It also catered
food and beverages to PAGCORs casino patrons. The issue was whether Acesite could refund the
VAT it paid on its rental income and sale of food and beverages to PAGCOR. The Supreme Court,
pursuant to PAGCORs charter (PD No. 1869 and all amendments thereto), found that Acesites sale
of services to PAGCOR was zero-rated under Section 108(B)(3) of the 1997 Tax Code.
[CIR v. Acesite (Philippines) Hotel Corporation, GR No. 147295, 16 Feb. 2007.]
** In the case of San Roque Power Corporation v. CIR, San Roque Power Corporation was engaged
in the sale of electricity to NPC. The Supreme Court ruled that SRPCs sale of service to NPC was
zero-rated, pursuant to NPCs charter and under Section 108(B)(3) of the 1997 Tax Code. It
explained the rationale for the effective zero-rating of NPC in this manner:
It bears emphasis that effective zero-rating is not intended as a benefit to the person legally liable to
pay the tax, such as petitioner, but to relieve certain exempt entities, such as the NPC, from the
burden of indirect tax so as to encourage the development of particular industries. Before, as well as
after, the adoption of the VAT, certain special laws were enacted for the benefit of various entities and
international agreements were entered into by the Philippines with foreign governments and
institutions exempting sale of goods or supply of services from indirect taxes at the level of their
suppliers. Effective zero-rating was intended to relieve the exempt entity from being burdened with
the indirect tax which is or which will be shifted to it had there been no exemption. In this case,
petitioner is being exempted from paying VAT on its purchases to relieve NPC of the burden of
additional costs that petitioner may shift to NPC by adding to the cost of the electricity sold to the
latter.
[San Roque Power Corporation v. CIR, GR No. 180345, 25 Nov. 2009.]
108(B)(4) Sale of Services to Persons Engaged in International Shipping or Air Transport Operations
108(B)(5) Sale of Services for Export-Oriented Enterprise
108(B)(6) Transport of Passengers and Cargo by Air or Seal Vessels from the Philippines to a
Foreign Country
108(B)(7) Sale of Power Generated through Renewable Sources of Energy
Sec. 109, Exempt Transactions
Q: Distinguish between an exempt transaction and an exempt party.
* CIR v. Seagate Technology (Philippines) made a distinction between exempt transaction exempt
party in this wise:
An exempt transaction, on the one hand, involves goods or services which, by their nature, are
specifically listed in and expressly exempted from the VAT under the Tax Code, without regard to the
tax status -- VAT-exempt or not -- of the party to the transaction. Indeed, such transaction is not
subject to the VAT, but the seller is not allowed any tax refund of or credit for any input taxes paid.
An exempt party, on the other hand, is a person or entity granted VAT exemption under the Tax
Code, a special law or an international agreement to which the Philippines is a signatory, and by
virtue of which its taxable transactions become exempt from the VAT. Such party is also not subject to
the VAT, but may be allowed a tax refund of or credit for input taxes paid, depending on its
registration as a VAT or non-VAT taxpayer. (Emphasis supplied.)
[CIR v. Seagate Technology (Philippines), GR No. 153866, 11 Feb. 2005.]
Q: Give examples of exempt transactions.
109(A) Sale or Importation of Agricultural and Marine Food Products in Their Original State
* Misamis Oriental Association of Coco Traders, Inc. v. DOF interpreted the provisions of the 1977
Tax Code. However, it is instructive as to the issue of who determines or classifies a certain product,
i.e., whether it is food or non-food. According to the decision, as between the Bureau of Food and
Drug and the Bureau of Internal Revenue, the classification made by the latter would prevail.
[Misamis Oriental Association of Coco Traders, Inc. v. DOF, GR No. 108524, 10 Nov. 1994.]
109(G) Medical, Dental, Hospital, and Veterinary Services, except Those Rendered by Professionals
* Section 109(G) of the Tax Code provides that transactions involving medical, dental, hospital, and
veterinary services are VAT-exempt transactions. In the case of CIR v. Philippine Health Care
Providers, Inc., it was found that Philippine Health Care Providers, Inc. did not render medical,
dental, hospital, and veterinary services, but merely arranged for the same. Hence, its services were
not VAT-exempt.
[CIR v. Philippine Health Care Providers, Inc., GR No. 168129, 24 Apr. 2007.]
109(I) Services Rendered by Individuals pursuant to an Employer-Employee Relationship
* Sonza v. ABS-CBN Broadcasting Corporation differentiated between services rendered pursuant to
an employer-employee relationship (which is an exempt transaction) and services rendered by an
independent contractor pursuant to a contractual relationship (which is subject to VAT). The Supreme
Court ruled that Sonza was an independent contractor. As such, he was subject to VAT on the
services that he rendered.
[Sonza v. ABS-CBN Broadcasting Corporation, GR No.138051, 10 June 2004.]
109(K) Transactions Which are Exempt under International Agreements to Which the Philippines is a
Signatory or under Special Laws, except Those under PD No. 529
* In Philippine Amusement & Gaming Corporation v. CIR, the Supreme Court held that PAGCOR was
exempt from payment of VAT. It cited, among others, the VAT exemption of PAGCORs transactions
by virtue of its charter (PD No. 1869 and all amendments thereto) in relation to Section 109(K) of the
1997 Tax Code.
[Philippine Amusement & Gaming Corporation v. CIR, GR No. 172087, 15 Mar. 2011.]
109(U) Services of Banks, Non-Bank Financial Intermediaries Performing Quasi-Banking Functions,
and Other Non-Bank Financial Intermediaries
* Section 109(U) of the 1997 Tax Code provides that transactions involving services rendered by
banks, non-bank financial intermediaries performing quasi-banking functions, and other non-bank
financial intermediaries shall be VAT-exempt. The case of First Planters Pawnshop, Inc. v. CIR
pertained to a taxable period prior to the adoption of the present wording of Section 109(U) of the
1997 Tax Code. However, the decision is relevant in that it discussed the tax treatment of a
pawnshop business. The Supreme Court held that pawnshops are non-bank financial intermediaries.
[First Planters Pawnshop, Inc. v. CIR, GR No. 174134, 30 July 2008.]
Sec. 110, Tax Credits
110(A) Creditable Input Tax
Q: Distinguish between input tax and output tax.
* The case of CIR v. Benguet Corporation defined input tax and output tax.
Input VAT or input tax represents the actual payments, costs and expenses incurred by a VAT-
registered taxpayer in connection with his purchase of goods and services. Thus, "input tax" means
the value-added tax paid by a VAT-registered person/entity in the course of his/its trade or
business on the importation of goods or local purchases of goods or services from a VAT-
registered person.
On the other hand, when that person or entity sells his/its products or services, the VAT-registered
taxpayer generally becomes liable for 10% of the selling price as output VAT or output tax. Hence,
"output tax" is the value-added tax on the sale of taxable goods or services by any person
registered or required to register under Section 107 of the (old) Tax Code.
The VAT system of taxation allows a VAT-registered taxpayer to recover its input VAT either by (1)
passing on the 10% output VAT on the gross selling price or gross receipts, as the case may be, to its
buyers, or (2) if the input tax is attributable to the purchase of capital goods or to zero-rated sales, by
filing a claim for a refund or tax credit with the BIR.
Simply stated, a taxpayer subject to 10% output VAT on its sales of goods and services may recover
its input VAT costs by passing on said costs as output VAT to its buyers of goods and services but it
cannot claim the same as a refund or tax credit, while a taxpayer subject to 0% on its sales of goods
and services may only recover its input VAT costs by filing a refund or tax credit with the BIR.
[CIR v. Benguet Corporation, GR No. 145559, 14 July 2006.]
110(B) Excess Output or Input Tax
110(C) Determination of Creditable Input Tax
Sec. 111, Transitional/Presumptive Input Tax Credits
111(A) Transitional Input Tax Credits
111(B) Presumptive Input Tax Credits
Sec. 112, Refunds or Tax Credits of Input Tax
112(A) Zero-Rated or Effectively Zero-Rated Sales
Q: Distinguish between zero-rated transactions [e.g., Sec. 108(B)(1)-(2)] and effectively zero-rated
transactions [e.g., Sec. 108(B)(3)].
* The case of CIR v. Seagate Technology (Philippines) addressed this issue. It stated that:
Although both are taxable and similar in effect, zero-rated transactions differ from effectively zero-
rated transactions as to their source.
Zero-rated transactions generally refer to the export sale of goods and supply of services. The tax
rate is set at zero. When applied to the tax base, such rate obviously results in no tax chargeable
against the purchaser. The seller of such transactions charges no output tax, but can claim a refund
of or a tax credit certificate for the VAT previously charged by suppliers.
Effectively zero-rated transactions, however, refer to the sale of goods or supply of services to
persons or entities whose exemption under special laws or international agreements to which the
Philippines is a signatory effectively subjects such transactions to a zero rate. Again, as applied to the
tax base, such rate does not yield any tax chargeable against the purchaser. The seller who charges
zero output tax on such transactions can also claim a refund of or a tax credit certificate for the VAT
previously charged by suppliers.
The decision went on to say (under the subheading Zero Rating and Exemption):
Applying the destination principle to the exportation of goods, automatic zero rating is primarily
intended to be enjoyed by the seller who is directly and legally liable for the VAT, making such seller
internationally competitive by allowing the refund or credit of input taxes that are attributable to export
sales. Effective zero rating, on the contrary, is intended to benefit the purchaser who, not being
directly and legally liable for the payment of the VAT, will ultimately bear the burden of the tax shifted
by the suppliers. (Emphasis supplied.)
[CIR v. Seagate Technology (Philippines), GR No. 153866, 11 Feb. 2005.]
Q: What are the requirements for a claim for VAT refund/credit?
* The cases of Intel Technology Philippines, Inc. v. CIR and San Roque Power Corporation v CIR
enumerated the requirements, thus:
(1) the taxpayer is engaged in sales which are zero-rated or effectively zero-rated;
(2) the taxpayer is VAT-registered;
(3) the claim must be filed within two years after the close of the taxable quarter when such sales
were made;
(4) the input taxes are due or paid;
(5) the input taxes are not transitional input taxes;
(6) the input taxes have not been applied against output taxes during and in the succeeding quarters;
(7) the input taxes claimed are attributable to zero-rated or effectively zero-rated sales;
(8) in certain types of zero-rated sales, the acceptable foreign currency exchange proceeds thereof
had been duly accounted for in accordance with BSP rules and regulations [Sections 106(A)(2)(a)(1)
and (2); Section 106(B); Sections 108(B)(1) and (2)]; and
(9) 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.
[Intel Technology Philippines, Inc. v. CIR, GR No. 166732, 27 Apr. 2007; San Roque Power
Corporation v. CIR, GR No. 180345, 25 Nov. 2009.]
Q: In claims for VAT refund/credit, what is the reckoning point for the two-year prescriptive period?
* In 2007, the Supreme Court promulgated its decision in Atlas Consolidated Mining and
Development Corporation v. CIR which essentially held that in claims for VAT refund/credit, the
prescriptive period for filing administrative and judicial claims shall be two years reckoned from the
date of filing of the VAT quarterly return.
A year later, in the highly publicized case of CIR v. Mirant Pagbilao Corporation, the Supreme Court
changed its mind and ruled that the two-year prescriptive period in claims for VAT refund/credit must
be counted not from the date of filing of the VAT quarterly return, but from the close of the taxable
quarter when the relevant sales were made.
[Atlas Consolidated Mining and Development Corporation v. CIR, GR Nos. 141104 & 148763, 8 June
2007; CIR v. Mirant Pagbilao Corporation, GR No. 172129, 12 Sept. 2008.]
112(B) Cancellation of VAT Registration
112(C) Period within which Refund or Tax Credit of Input Taxes Shall Be Made
Q: When are administrative and judicial claims for VAT refund/credit filed?
* In 2007, the Supreme Court promulgated its decision in Atlas Consolidated Mining and
Development Corporation v. CIR which essentially held that claims for VAT refund/credit must be filed
within the two-year prescriptive period.
In 2010, the Supreme Court came out with the controversial case of CIR v. Aichi Forging Company of
Asia, Inc. which mandated compliance of administrative and judicial claims with both the two-year
prescriptive period [Section 112(A)] and the 120-30 day period rule [Section 112(C)]. Otherwise,
claims would be adjudged as either filed out of time or prematurely filed.
[Atlas Consolidated Mining and Development Corporation v. CIR, GR Nos. 141104 & 148763, 8 June
2007; CIR v. Aichi Forging Company of Asia, Inc., GR No. 184823, 6 Oct. 2010.]
112(D) Manner of Giving Refund
Sec. 113, Invoicing and Accounting Requirements for VAT-Registered Persons
113(A) Invoicing Requirements
Q: Is there a difference between an invoice and an official receipt?
* CIR v. Manila Mining Corporation defined these terms, to wit:
A sales or commercial invoice is a written account of goods sold or services rendered indicating the
prices charged therefor or a list by whatever name it is known which is used in the ordinary course of
business evidencing sale and transfer or agreement to sell or transfer goods and services.
A receipt on the other hand is a written acknowledgment of the fact of payment in money or other
settlement between seller and buyer of goods, debtor or creditor, or person rendering services and
client or customer.
[CIR v. Manila Mining Corporation, GR No. 153204, 31 Aug. 2005.]
** In AT&T Communications Services Philippines, Inc. v. CIR, AT&T was engaged in the business of
providing information, promotional, supportive, and liaison services to foreign corporations. It filed a
claim for tax refund/credit for alleged unutilized input VAT on said sales of services and presented
sales invoices to substantiate the same. In giving credence to the sales invoices (not necessarily
official receipts), the Supreme Court said that:
Sales invoices are recognized commercial documents to facilitate trade or credit transactions. They
are proofs that a business transaction has been concluded, hence, should not be considered bereft
of probative value. Only the preponderance of evidence threshold as applied in ordinary civil cases is
needed to substantiate a claim for tax refund proper.
[AT&T Communications Services Philippines, Inc. v. CIR, GR No. 182364, 3 Aug. 2010.]
*** On other hand, the case of Kepco Philippines Corporation v. CIR made a distinction between a
VAT invoice and a VAT receipt, such that only a VAT invoice might be presented to substantiate a
sale of goods or properties, while only a VAT receipt could substantiate a sale of services. Pertinent
portion of the decision read:
In other words, the VAT invoice is the sellers best proof of the sale of the goods or services to the
buyer while the VAT receipt is the buyers best evidence of the payment of goods or services
received from the seller. Even though VAT invoices and receipts are normally issued by the supplier/
seller alone, the said invoices and receipts, taken collectively, are necessary to substantiate the
actual amount or quantity of goods sold and their selling price (proof of transaction), and the best
means to prove the input VAT payments (proof of payment). Hence, VAT invoice and VAT receipt
should not be confused as referring to one and the same thing. Certainly, neither does the law intend
the two to be used alternatively.
[Kepco Philippines Corporation v. CIR, GR No. 181858, 24 Nov. 2010.]
113(B) Information Contained in the VAT Invoice or VAT Official Receipt
* Section 113(B)(2)(c) of the 1997 Tax Code provides that certain information must be indicated on
the VAT invoice or VAT official receipt, and that if the sale is subject to zero percent (0%) value-
added tax, the term zero-rated sale shall be written or printed prominently on the invoice or receipt.
The Bureau of Internal Revenue, the Divisions of the Court of Tax Appeals, the Court of Tax Appeals
En Banc, and the Supreme Court has conflicting opinions on whether the term zero-rated sale must
be written, stamped, or imprinted.
However, as enunciated in recent cases, the term zero-rated sale must be imprinted, and not
merely written or stamped. Otherwise, such claims for VAT refund/credit substantiated by non-
conforming VAT invoices or VAT official receipts shall be disallowed.
[Panasonic Communications Imaging Corporation of the Philippines, GR No. 1708090, 8 Feb. 2010;
JRA Philippines, Inc. v. CIR, GR No. 177127, 11 Oct. 2010; Hitachi Global Storage Technologies
Philippines Corporation v. CIR, GR No. 174212, 20 Oct. 2010; Microsoft Philippines, Inc., v. CIR, GR
No. 180173, 6 Apr. 2011.]
113(C) Accounting Requirements
113(D) Consequences of Issuing Erroneous VAT Invoice or VAT Official Receipt
113(E) Transitional Period
Sec. 114, Return and Payment of Value-Added Tax
114(A) In General
114(B) Where to File the Return and Pay the Tax
114(C) Withholding of Value-Added Tax
Sec. 115, Power of the Commissioner to Suspend the Business Operations of a Taxpayer
PAGE
PAGE 8
TAX 2 SYLLABUS
DEAN LILY K. GRUBA
S/Y 2011-2012
In this part, read
Amerncan Express Case
Placer Dome
Burmeister
*Look at ultimate beneficiary of services as regards application of zero rate
What is a transaction of a transaction deemed sale?

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