DESCRIPTION

Value-Added Tax is a form of sales tax. It is a tax on consumption levied on the sale,
barter, exchange or lease of goods or properties and services in the Philippines and
on importation of goods into the Philippines. It is an indirect tax, which may be
shifted or passed on to the buyer, transferee or lessee of goods, properties or
services.
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WHO ARE REQUIRED TO FILE VAT RETURNS
Any person or entity who, in the course of his trade or business, sells, barters,
exchanges, leases goods or properties and renders services subject to VAT, if
the aggregate amount of actual gross sales or receipts exceed One Million
Nine Hundred Nineteen Thousand Five Hundred Pesos (P1,919,500.00).
A person required to register as VAT taxpayer but failed to register
Any person, whether or not made in the course of his trade or business, who
imports goods
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MONTHLY VAT DECLARATIONS
Tax Form
BIR Form 2550M - Monthly Value-Added Tax Declaration (February 2007 ENCS)
Documentary Requirements
1. Duly issued Certificate of Creditable VAT Withheld at Source (BIR Form No. 2307),
if applicable
2. Summary Alphalist of Withholding Agents of Income Payments Subjected to
Withholding Tax At Source (SAWT), if applicable
3. Duly approved Tax Debit Memo, if applicable
4. Duly approved Tax Credit Certificate, if applicable
5. Authorization letter, if return is filed by authorized representative.
Procedures
1. Fill-up BIR Form No. 2550M in triplicate copies (two copies for the BIR and one
copy for the taxpayer)
2. If there is payment:

File the Monthly VAT declaration, together with the required

attachments, and pay the VAT due thereon with any Authorized
Agent Bank (AAB) under the jurisdiction of the Revenue District
Office (RDO)/Large Taxpayers District Office (LTDO) where the
taxpayer (head office of the business establishment) is registered
or required to be registered.
The taxpayer must accomplish and submit BIR-prescribed deposit
slip, which the bank teller shall machine validate as evidence that
payment was received by the AAB. The AAB receiving the tax
return shall stamp mark the word "Received" on the return and
machine validate the return as proof of filing the return and
payment of the tax.
In places where there are no duly accredited agent banks, file the
Monthly VAT declaration, together with the required attachments
and pay the VAT due with the Revenue Collection Officer (RCO) or
duly authorized Treasurer of the Municipality where such taxpayer

(head office of the business establishment) is registered or

required to be registered.
The RCO or duly authorized Municipal/City Treasurer shall issue a
Revenue Official Receipt upon payment of the tax.
3. If there is no payment:

File the Monthly VAT Declaration, together with the required

attachments with the RDO/LTDO/Large Taxpayers Assistance
Division, Collection Agent or duly authorized Municipal/ City
Treasurer of Municipality/City where the taxpayer (head office of
the business establishment) is registered or required to be
registered.

Deadline

Manual Filing
Not later than the 20th day following the end of each month

Through Electronic Filing and Payment System (eFPS):

Business Industry
Period for filing Monthly VAT
Declarations

Group A
Insurance and Pension
Funding
Activities Auxiliary to Financial Intermediation
Construction
Water Transport
Hotels and Restaurants
Land Transport
Group B
Manufacture
Manufacture
Manufacture
Manufacture
Products
Manufacture
N.E.C.
Manufacture
Manufacture
Manufacture
Manufacture
Instruments
Manufacture
Trailers
Manufacture
Machinery
Manufacture
Products
Manufacture
Manufacture

and Repair of Furniture

of Basic Metals
of Chemicals and Chemical Products
of Coke, Refined Petroleum & Fuel
of Electrical Machinery & Apparatus
of
of
of
of

Fabricated Metal Products

Food, Products & Beverages
Machinery & Equipment NEC
Medical, Precision, Optical

of Motor Vehicles, Trailer & Semiof Office, Accounting & Computing

of Other Non-Metallic Mineral
of Other Transport Equipment
of Other Wearing Apparel

25 days following the end of the

month

24 days following the end of the

month

Manufacture of Paper and Paper Products

Manufacture of Radio, TV & Communication
Equipment/ Apparatus
Manufacture of Rubber & Plastic Products
Manufacture of Textiles
Manufacture of Tobacco Products
Manufacture of Wood & Wood Products
Manufacturing N.E.C.
Metallic Ore Mining
Non-Metallic Mining & Quarrying
Group C
Retail Sale
23 days following the end of the
Wholesale Trade and Commission Trade
month
Sale, Maintenance, Repair of Motor Vehicle, Sale of
Automotive Fuel
Collection, Purification and Distribution of Water
Computer and Related Activities
Real Estate Activities
Group D
Air Transport
Electricity, Gas, Steam & Hot Water Supply
Postal & Telecommunications
Publishing, Printing & Reproduction of Recorded
Media
Recreational, Cultural & Sporting Activities
Recycling
Renting of Goods & Equipment
Supporting & Auxiliary Transport Services

22 days following the end of the

month

Group E
Activities of Membership Organizations, Inc.
21 days following the end of the
Health and Social Work
month
Public Admin & Defense Compulsory Social
Security
Research and Development
Agricultural, Hunting, and Forestry
Farming of Animals
Fishing
Other Service Activities
Miscellaneous Business Activities
Unclassified
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QUARTERLY VALUE-ADDED TAX RETURN
Tax Form
BIR Form No. 2550Q - Quarterly Value-Added Tax Return (February 2007 ENCS)
Attachments to the Return

1. Duly issued Certificate of Creditable VAT Withheld at Source (BIR Form 2307), if
applicable
2. Summary Alphalist of Withholding Agents of Income Payments Subjected to
Withholding Tax At Source (SAWT), if applicable
3. Duly approved Tax Debit Memo, if applicable
4. Duly approved Tax Credit Certificate, if applicable
5. Previously filed return and proof of payment, for amended return
6. Authorization letter, if return is filed by authorized representative
Procedures
1. Fill-up BIR Form 2550Q in triplicate copies (two copies for the BIR and one copy
for the taxpayer)
2. If there is payment:

File the Quarterly VAT Return, together with the required

attachments, and pay the VAT due thereon with any AAB under
the jurisdiction of the RDO/LTDO where the taxpayer (head office
of the business establishment) is registered or required to be
registered.
The taxpayer must accomplish and submit BIR- prescribed
deposit slip, which the bank teller shall machine validate as
evidence that payment was received by the AAB. The AAB
receiving the tax return shall stamp mark the word "Received" on
the return and machine validate that return as proof of filing the
return and payment of the tax.
In places where there are no duly accredited agent banks, file the
Quarterly VAT Return, together with the required attachments and
pay the VAT due with the Revenue Collection Officer (RCO) or duly
authorized Treasurer of the Municipality where such taxpayer
(head office of the business establishment) is registered or
required to be registered.
The RCO or duly authorized Municipal/City Treasurer shall issue a Revenue Official
Receipt upon payment of the tax.
3. If there is no payment:

File the Quarterly VAT Return, together with the required

attachments with the RDO/LTDO/Large Taxpayers Assistance
Division, Collection Agent or duly authorized Municipal/City
Treasurer of Municipality/City where the taxpayer (head office of
the business establishment) is registered or required to be
registered.

Reminders:
1. Only one consolidated Monthly VAT Declaration/Quarterly VAT Return shall be
filed covering the results of operation of the head office as well as the branches for
all lines of business subject to VAT.
2. The Quarterly List of Sales and Purchases shall be submitted in magnetic form
using 3.5-inch floppy diskette following the format provided under Section 4.1143(g) of RR No. 16-2005.
3. The Quarterly List of Sales and Purchases shall be submitted through electronic
filing facility for taxpayers under the jurisdiction of the Large Taxpayers Service
(LTS) and those enrolled under the eFPS.

Deadline
Within twenty five (25) days following the close of taxable quarter.
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TAX RATES
On sale of goods and properties - twelve percent (12%) of the gross selling
price or gross value in money of the goods or properties sold, bartered or
exchanged
On sale of services and use or lease of properties - twelve percent (12%) of
gross receipts derived from the sale or exchange of services, including the
use or lease of properties
On importation of goods - twelve percent (12%) based on the total value used
by the Bureau of Customs in determining tariff and customs duties, plus
customs duties, excise taxes, if any, and other charges, such as 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
quantity or volume of the goods, the VAT shall be based on the landed cost
plus excise taxes, if any.
On export sales and other zero-rated sales - 0%
CODAL REFERENCE
Title IV, Sections 105 to 115 of the National Internal Revenue Code of 1997, as
amended
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FREQUENTLY ASKED QUESTIONS
I. General VAT Queries
Who are liable to register as VAT taxpayers?
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 if:
a. His gross sales or receipts for the past twelve (12) months, other than those that
are exempt under Section 109 (A) to (U), have exceeded One Million Five Hundred
Thousand Pesos (P1,500,000.00): or
b. There are reasonable grounds to believe that his gross sales or receipts for the
next twelve (12) months, other than those that are exempt under Section 109 (A) to
(U), will exceed One Million Five Hundred Thousand Pesos (P1,500,000.00).
When is a new VAT taxpayer required to apply for registration and pay the
registration fee?
New VAT taxpayers shall apply for registration as VAT Taxpayers and pay the
corresponding registration fee of five hundred pesos (P500.00) using BIR Form No.
0605 for every separate or distinct establishment or place of business before the
start of their business following existing issuances on registration.
Thereafter, taxpayers are required to pay the annual registration fee of five hundred
pesos (P500.00) not later than January 31, every year.
What compliance activities should a VAT taxpayer, after registration as
such, do promptly or periodically?
The following compliance activities must be performed by a VAT-registered
taxpayer:

a. Pay the annual registration fee of P500.00 for every place of business or
establishment that generates sales;
b. Register the books of accounts of the business/occupation/calling, including
practice of profession, before using the same;
c. Register the sales invoices and official receipts as VAT-invoices or VAT official
receipts for use on transactions subject to VAT. (If there are other transaction not
subject to VAT, a separate set of non-VAT invoices or non-VAT official receipts need
to be registered for use on transactions not subject to VAT);
d. Filing of the Monthly Value-added Tax Declaration on or before the 20th day
following the end of the taxable month (for manual filers)/on or before the
prescribed due dates enunciated in RR No. 16-2005 (for e-filers) using BIR Form No.
2550M and of the Quarterly VAT Return on or before the 25th day following the end
of the taxable quarter using BIR Form No. 2550Q, reflecting therein gross receipts
(for seller of service)/ gross sales (for seller of goods) and output tax (VAT on sales);
purchases of goods and services made in the course of trade or business/exercise of
profession and input tax (VAT on purchases), other allowable tax credits as in the
case of advance VAT payment and VAT withheld by government payors, and VAT
payable or excess input VAT, whichever is applicable, with the accredited agent
banks (AABs) of the BIR or Revenue Collection Officers (RCOs) of the BIR (in areas
without AAB), for returns with payment, or with the RDO/LTDO having jurisdiction
over the taxpayer (home RDO/LTDO), for returns without payment. (The monthly
VAT Declaration and the Quarterly VAT Return shall reflect the consolidated total for
all the taxable lines of activity and all the establishments - head office and
branches);
e. Submit with the RDO/LTDO having jurisdiction over the taxpayer, on or before the
deadline set in the filing of the Quarterly VAT Return, the soft copy of the Quarterly
Schedule of Monthly Sales and Output Tax (if the quarterly sales exceed
P2,500,000.00), and the soft copy of the Quarterly Schedule of Monthly Domestic
Purchases and Input Tax/ the soft copy of the Schedule of Transactional/Individual
Importation ( if the quarterly total purchases exceed P1,000,000.00), reflecting
therein the required data prescribed under existing revenue issuances.
How do we determine the main or principal business of a taxpayer who is
engaged in mixed business activities?
In determining the main or principal business of a taxpayer, we apply the
predominance test. Under this test, if more than fifty (50%) of its gross sales and/or
gross receipts comes from its business/es subject to VAT, its main/principal business
falls within the VAT system making its status as a VAT person. Otherwise, he can not
be considered as a VAT person eligible for the election provided for under Section
109(2) of the Tax Code.
What is the liability of a taxpayer becoming liable to VAT and did not
register as such?
Any person who becomes liable to VAT and fails to register as such shall be liable to
pay the output tax as if he is a VAT-registered person, but without the benefit of
input tax credits for the period in which he was not properly registered.
Who may opt to register as VAT and what will be his liability?
1. Any person who is VAT-exempt under Sec. 4.109-1 (B) (1) (V) not required to
register for VAT may, in relation to Sec. 4.109-2, elect to be VAT-registered by
registering with the RDO that has jurisdiction over the head office of that person,
and pay the annual registration fee of P500.00 for every separate and distinct
establishment.

2. Any person who is VAT-registered but enters into transactions which are exempt
from VAT (mixed transactions) may opt that the VAT apply to his transactions which
would have been exempt under Section 109(1) of the Tax Code, as amended [Sec.
109(2)].
3. Franchise grantees of radio and/or television broadcasting whose annual gross
receipts of the preceding year do not exceed ten million pesos (P10,000,000.00)
derived from the business covered by the law granting the franchise may opt for
VAT registration. This option, once exercised, shall be irrevocable. (Sec. 119, Tax
Code).
4. Any person who elects to register under optional registration shall not be allowed
to cancel his registration for the next three (3) years.
The above-stated taxpayers may apply for VAT registration not later than ten (10)
days before the beginning of the calendar quarter and shall pay the registration fee
unless they have already paid at the beginning of the year. In any case, the
Commissioner of Internal Revenue may, for administrative reason deny any
application for registration. Once registered as a VAT person, the taxpayer shall be
liable to output tax and be entitled to input tax credit beginning on the first day of
the month following registration.
What are the instances when a VAT-registered person may cancel his VAT
registration?
1. If he makes a written application and can demonstrate to the commissioner's
satisfaction that his gross sales or receipts for the following twelve (12) months,
other than those that are exempt under Section 109 (A) to (U), will not exceed one
million five hundred thousand pesos (P1,500,000.00); or
2. If he has ceased to carry on his trade or business, and does not expect to
recommence any trade or business within the next twelve (12) months.
When will the cancellation for registration be effective?
The cancellation for registration will be effective from the first day of the following
month the cancellation was approved.
What is the invoicing/ receipt requirement of a VAT-registered person?
A VAT registered person shall issue :
1. A VAT invoice for every sale, barter or exchange of goods or properties; and
2. A VAT official receipt for every lease of goods or properties and for every sale,
barter or exchange of services.
May a VAT-registered person issue a single invoice/ receipt involving VAT
and Non-VAT transactions?
Yes. He may issue a single invoice/ receipt involving VAT and non-VAT transactions
provided that the invoice or receipt shall clearly indicate the break-down of the
sales price between its taxable, exempt and zero-rated components and the
calculation of the Value-Added Tax on each portion of the sale shall be shown on the
invoice or receipt.
May a VAT- registered person issue separate invoices/ receipts involving
VAT and Non-VAT transactions?
Yes. A VAT registered person may issue separate invoices/ receipts for the taxable,
exempt, and zero-rated component of its sales provided that if the sales is exempt
from value-added tax, the term "VAT-EXEMPT SALE" shall be written or printed
prominently on the invoice or receipt and 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.
How is the Value-Added Tax presented in the receipt/ invoice?

The amount of the tax shall be shown as a separate item in the invoice or receipt.
Sample:
Sales
P
Price
100,000.00
VAT
12,000.00
Invoice Amount
112,000.00
What is the information that must be contained in the VAT invoice or VAT
official receipt?
1. Name of Seller
2. Business Style of the Seller
3. Business Address of the Seller
4. Statement that the seller is a VAT-registered person, followed by his TIN
5. Name of Buyer
6. Business Style of Buyer
7. Address of Buyer
8. TIN of buyer, if VAT- registered and amount exceed P1,000.00
9. Date of transaction
10. Quantity
11. Unit cost
12. Description of the goods or properties or nature of the service
13. Purchase price plus the VAT, provided that:

The amount of tax shall be shown as a separate item in the

invoice or receipt;
If the sale is exempt from VAT, the term "VAT-EXEMPT SALE" shall
be written or printed prominently on the invoice or receipt;
If the sale is subject to zero percent (0%) VAT, the term "ZERORATED SALE" shall be written or printed prominently on the invoice
receipt; and
If the sale involves goods, properties or services some of which
are subject to and some of which are zero-rated or exempt from
VAT, the invoice or receipt shall clearly indicate the breakdown of
the sales 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.
14. Authority to Print Receipt Number at the lower left corner of the invoice or
receipt.
What is the liability of a taxpayer not registered as VAT and issues a VAT
invoice/ receipt?
The non-VAT registered person shall, in addition to paying the percentage tax
applicable to his transactions, be liable to VAT imposed in Section 106 or 108 of the
Tax Code without the benefit of any input tax credit plus 50% surcharge on the VAT
payable (output tax). If the invoice/ receipts contain the required information,
purchaser shall be allowed to recognize an input tax credit.
What is the liability of a VAT-registered person in the issuance of a VAT
invoice/ receipt for VAT-exempt transactions?
If a VAT-registered person issues a VAT invoice or VAT official receipt for a VATexempt transaction but fails to display prominently on the invoice or receipt the
words "VAT-EXEMPT SALE", the transaction shall become taxable and the issuer

shall be liable to pay the VAT thereon. The purchaser shall be entitled to claim an
input tax credit on his purchase.
What is "output tax"?
Output tax means the VAT due on the sale, lease or exchange of taxable goods or
properties or services by any person registered or required to register under Section
236 of the Tax Code.
What is "input tax"?
Input tax means the VAT due on or paid by a VAT-registered on importation of goods
or local purchase of goods, properties or services, including lease or use of property
in the course of his trade or business. It shall also include the transitional input tax
determined in accordance with Section 111 of the Tax Code, presumptive input tax
and deferred input tax from previous period.
What comprises "goods or properties"?
The term "goods or properties" shall mean all tangible and intangible objects, which
are capable of pecuniary estimation and shall include, among others:
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 privilege to use in the Philippines of any industrial, commercial or
scientific
equipment;
d. The right or the privilege to use motion picture films, films, tapes and discs; and
e. Radio, television, satellite transmission and cable television time.
What comprises "sale or exchange of services"?
The term "sale or exchange of services" means the performance of all kinds of
services in the Philippines for others for a fee, remuneration or consideration,
whether in kind or in cash, including those performed or rendered by the following:
a. Construction and service contractors;
b. Stock, real estate, commercial, customs and immigration brokers;
c. Lessors of property, whether personal or real;
d. Persons engaged in warehousing services;
e. Lessors or distributors of cinematographic films;
f. Persons engaged in milling, processing, manufacturing or repacking goods for
others;
g. Proprietors, operators or keepers of hotels, motels, rest houses, pension houses,
inns, resorts, theatres, and movie houses;
h. Proprietors or operators of restaurants, refreshment parlors, cafes, and other
eating places, including clubs and caterers;
i. Dealers in securities;
j. Lending investors;
k. Transportation contractors on their transport of goods or cargoes, including
persons who transport goods or cargoes for hire and other domestic common
carriers by land relative to their transport of goods or cargoes;
l. Common carriers by air and sea relative to their transport of passengers, goods
or cargoes from one place in the Philippines to another place in the Philippines;
m. Sales of electricity by generation, transmission, and/or distribution companies;
n. Franchise grantees of electric utilities, telephone and telegraph, radio and/or
television broadcasting and all other franchise grantees, except franchise grantees
of radio and/or television broadcasting whose annual gross receipts of the preceding

year do not exceed Ten Million Pesos (P10,000,000.00), and franchise grantees of
gas and water utilities;
o. Non-life insurance companies (except their crop insurances), including surety,
fidelity, indemnity and bonding companies; and
p. Similar services regardless of whether or not the performance thereof calls for
the exercise of use of the physical or mental faculties.
The phrase "sale or exchange of services" shall likewise include:
a. The lease of use of or the right or privilege to use any copyright, patent, design
or model, plan, secret formula or process, goodwill, trademark, trade brand or other
like property or right;
b. The lease or the use of, or the right to use of any industrial, commercial or
scientific equipment;
c. The supply of scientific, technical, industrial or commercial knowledge or
information;
d. The supply of any assistance that is ancillary and subsidiary to and is furnished
as a means of enabling the application or enjoyment of any such property, or right
or any such knowledge or information;
e. The supply of services by a nonresident person or his employee in connection
with the use of property or rights belonging to, or the installation or operation of
any brand, machinery or other apparatus purchased from such non-resident person;
f. The supply of technical advice, assistance or services rendered in connection with
technical management or administration of any scientific, industrial or commercial
undertaking, venture, project or scheme;
g. The lease of motion picture films, films, tapes and discs; and
h. The lease or the use of or the right to use radio, television, satellite transmission
and cable television time.
What is a zero-rated sale?
It is a sale, barter or exchange of goods, properties and/or services subject to 0%
VAT pursuant to Sections 106 (A) (2) and 108 (B) of the Tax Code. It is a taxable
transaction for VAT purposes, but shall not result in any output tax. However, the
input tax on purchases of goods, properties or services, related to such zero-rated
sales, shall be available as tax credit or refund in accordance with RR No. 16-2005.
What transactions are considered as zero-rated sales?
The following services performed in the Philippines by VAT-registered person shall
be subject to zero percent (0%) rate:
a. 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);
b. Services other than processing, manufacturing or repacking rendered to a person
engaged in business conducted outside the Philippines or to a non-resident person
engaged in business who is outside the Philippines when the services are
performed, the consideration for which is paid for in acceptable foreign currency
and accounted for in accordance with the rules and regulations of the Bangko
Sentral ng Pilipinas (BSP);
c. Services rendered to persons or entities whose exemption under special laws or
international agreements to which the Philippines is a signatory effectively subjects
the supply of such services to zero percent (0%) rate;
d. Services rendered to persons engaged in international shipping or air transport
operations, including leases of property for use thereof; Provided, however, that the

services referred to herein shall not pertain to those made to common carriers by
air and sea relative to their transport of passengers, goods or cargoes from one
place in the Philippines to another place in the Philippines, the same being subject
to twelve percent (12%) VAT under Sec. 108 of the Tax Code starting Feb. 1, 2006;
e. Services performed by subcontractors and/or contractors in processing,
converting, or manufacturing goods for an enterprise whose export sales exceeds
seventy percent (70%) of total annual production;
f. Transport of passengers and cargo by domestic air or sea carriers from the
Philippines to a foreign country. Gross receipts of international air carriers doing
business in the Philippines and international sea carriers doing business in the
Philippines are still liable to a percentage tax of three percent (3%) based on their
gross receipts as provided for in Sec. 118 of the Tax Code but shall not be liable to
VAT; and
g. Sale of power or fuel generated through renewable sources of energy such as,
but not limited to, biomass, solar, wind, hydropower, geothermal and steam, ocean
energy, and other shipping sources using technologies such as fuel cells and
hydrogen fuels; Provided, however that zero-rating shall apply strictly to the sale of
power or fuel generated through renewable sources of energy, and shall not extend
to the sale of services related to the maintenance or operation of plants generating
said power .
The following sales by VAT-registered persons shall be subject to zero percent (0%)
rate:
a. Export sales

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, paid 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);
The sale of raw materials or packaging materials to a nonresident buyer for delivery to as resident local export-oriented
enterprise to be used in manufacturing, processing, packing
or repacking in the Philippines of the said buyer's goods, paid
for in acceptable foreign currency, and accounted for in
accordance with the rules and regulations of the BSP;
The sale of raw materials or packaging materials to an exportoriented enterprise whose export sales exceed seventy
percent (70%) of total annual production;
Sale of gold to the BSP;
Transactions considered export sales under Executive Order
No. 226, otherwise known as the Omnibus Investments Code
of 1987, and other special laws; and
The sale of goods, supplies, equipment and fuel to persons
engaged in international shipping or international air
transport operations; Provided, that the same is limited to
goods, supplies, equipment and fuel pertaining to or
attributable to the transport of goods and passengers from a
port in the Philippines directly to a foreign port, or vice-versa

without docking or stopping at any other port in the

Philippines unless the docking or stopping at any other
Philippine port is for the purpose of unloading passengers
and/or cargoes that originated from abroad, or to load
passengers and/or cargoes bound for abroad; Provided,
further, that if any portion of such fuel, goods or supplies is
used for purposes other than the mentioned in this
paragraph, such portion of fuel, goods and supplies shall be
subject to twelve percent (12%) output VAT.
b. Foreign Currency Denominated Sales
The sale to a non-resident of goods, except those mentioned in Sections 149 and
150 of the Tax Code, 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 BSP.
c. Sales to Persons or Entities Deemed Tax-exempt under Special Law or
International Agreement
Sale of goods or property to persons or entities who are tax-exempt under special
laws or international agreements to which the Philippines is a signatory, such as,
Asian Development Bank (ADB), International Rice Research Institute (IRRI), etc.
Where will taxpayers file their applications for VAT zero-rating?
Taxpayers shall file their application directly with the Audit Information, Tax
Exemption and Incentives Division (AITEID) under the Assessment Service, or with
the LTAID I and II, BIR National Office, as the case may be.
What is a Contractor's Final Payment Release Certificate and where should
taxpayers file their application for this?
The Contractor's Final Payment Release Certificate is issued by the BIR before a
government contractor is fully paid for his contract with the government. Taxpayers
may file their application at the BIR National Office at the Audit Information, Tax
Exemption and Incentives Division (AITEID)
What transactions are considered deemed sales?
The following transactions are considered as deemed sales:
a. 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. Transfer
of goods or properties not in the course of business can take place when VATregistered person withdraws goods from his business for his personal use;
b. Distribution or transfer to:

Shareholders or investors as share in the profits of the VATregistered person; or

Creditors in payment of debt or obligation
c. Consignment of goods if actual sale is not made within sixty (60) days following
the date such goods were consigned. Consigned goods returned by the consignee
within the 60-day period are not deemed sold;
d. Retirement from or cessation of business, with respect to all goods on hand,
whether capital goods, stock-in-trade, supplies or materials as of the date of such
retirement or cessation, whether or not the business is continued by the new owner
or successor. The following circumstances shall, among others, give rise to
transactions "deemed sale";

Change of ownership of the business. There is a change in the

ownership of the business when a single proprietorship
incorporated; or the proprietor of a single proprietorship sells
his entire business.
Dissolution of a partnership and creation of a new partnership
which takes over the business.
What is VAT-exempt sale?
It is a sale of goods, properties or service and the use or lease of properties which is
not subject to output tax and whereby the buyer is not allowed any tax credit or
input tax related to such exempt sale.
What are the VAT-exempt transactions?
a. Sale or importation of agricultural and marine food products in their original
state, livestock and poultry of a kind generally used as, or yielding or producing
foods for human consumption; and breeding stock and genetic materials therefore;
b. Sale or importation of fertilizers; seeds, seedlings and fingerlings; fish, prawn,
livestock and poultry feeds, including ingredients, whether locally produced or
imported, used in the manufacture of finished feeds (except specialty feeds for race
horses, fighting cocks, aquarium fish, zoo animals and other animals considered as
pets);
c. Importation of personal and household effects belonging to residents of the
Philippines returning from abroad and non-resident citizens coming to resettle in the
Philippines; Provided, that such goods are exempt from custom duties under the
Tariff and Customs Code of the Philippines;
d. Importation of professional instruments and implements, wearing apparel,
domestic animals, and personal household effects (except any vehicle, vessel,
aircraft, machinery and other goods for use in the manufacture and merchandise of
any kind in commercial quantity) belonging to persons coming to settle in the
Philippines, for their own use and not for sale, barter or exchange, accompanying
such persons, or arriving within ninety (90) days before or after their arrival, upon
the production of evidence satisfactory to the Commissioner of Internal Revenue,
that such persons are actually coming to settle in the Philippines and that the
change of residence is bonafide;
e. Services subject to percentage tax under Title V of the Code, as amended;
f. Services by agricultural contract growers and milling for others of palay into rice,
corn into grits, and sugar cane into raw sugar;
g. Medical, dental, hospital and veterinary services except those rendered by
professionals;
h. Educational services rendered by private educational institutions duly accredited
by the Department of Education (DepED), the Commission on Higher Education
(CHED) and the Technical Education and Skills Development Authority (TESDA) and
those rendered by the government educational institutions;
i. Services rendered by individuals pursuant to an employer-employee relationship;
j. Services rendered by regional or area headquarters established in the Philippines
by multinational corporations which act as supervisory, communications and
coordinating centers for their affiliates, subsidiaries or branches in the Asia-Pacific
Region and do not earn or derive income from the Philippines;
k. Transactions which are exempt under international agreements to which the
Philippines is a signatory or under special laws except those granted under P.D. No.
529 - Petroleum Exploration Concessionaires under the Petroleum Act of 1949;

l. Sales by agricultural cooperatives duly registered and in good standing with the
Cooperative Development Authority (CDA) to their members, as well as of their
produce, whether in its original state or processed form, to non-members, their
importation of direct farm inputs, machineries and equipment, including spare parts
thereof, to be used directly and exclusively in the production and/or processing of
their produce;
m. Gross receipts from lending activities by credit or multi-purpose cooperatives
duly registered and in good standing with the Cooperative Development Authority;
n. Sales by non-agricultural, non-electric and non-credit cooperatives duly
registered with and in good standing with CDA; Provided, that the share capital
contribution of each member does not exceed Fifteen Thousand Pesos (P15,000.00)
and regardless of the aggregate capital and net surplus ratably distributed among
the members;
o. Export sales by persons who are not VAT-registered;
p. The following sales of real properties are exempt from VAT, namely:
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. Sale of real properties utilized for low-cost housing as defined by RA No. 7279,
otherwise known as the "Urban Development and Housing Act of 1992" and other
related laws, such as RA No. 7835 and RA No. 8763;
3. Sale of real properties utilized for specialized housing as defined under RA No.
7279, and other related laws, such as RA No. 7835 and RA No. 8763, wherein price
ceiling per unit is P225,000.00 or as may from time to time be determined by the
HUDCC and the NEDA and other related laws;
4. Sale of residential lot valued at One Million Five Hundred Thousand Pesos
(P1,500,000.00) and below, or house and lot and other residential dwellings valued
at Two Million Five Hundred Thousand Pesos (P2,500,000.00) and below where the
instrument of sale/ transfer/ disposition was executed on or after July 1, 2005;
Provided, that not later than January 31, 2009 and every three (3) years thereafter,
the amounts stated herein shall be adjusted to its present value using the
Consumer Price Index, as published by the National Statistics Office (NSO);
Provided, further, that such adjustment shall be published through revenue
regulations to be issued not later than March 31 of each year.
q. Lease of residential units with a monthly rental per unit not exceeding Ten
Thousand Pesos (P10,000.00), regardless of the amount of aggregate rentals
received by the lessor during the year; Provided, that not later than January 31,
2009 and every three (3) years thereafter, the amount of P10,000.00 shall be
adjusted to its present value using the Consumer Price Index, as published by the
NSO;
r. Sale, importation, printing or publication of books and any newspaper, magazine,
review or bulletin which appears at regular intervals with fixed prices for
subscription and sale and which is not devoted principally to the publication of paid
advertisements;
s. Sale, importation or lease of passenger or cargo vessels and aircraft, including
engine equipment and spare parts thereof for domestic or international transport
operations; Provided, that the exemption from VAT on the importation and local
purchase of passenger and/or cargo vessels shall be limited to those of one hundred
fifty (150) tons and above, including engine and spare parts of said vessels;
Provided, further, that the vessels to be imported shall comply with the age limit
requirement, at the time of acquisition counted from the date of the vessel's original

commissioning, as follows: (a) for passenger and/or cargo vessel, the age limit is
fifteen (15) years old, (b) for tankers, the age limit is ten (10) year old, and (c) for
high-speed passengers crafts, the age limit is five (5) years old; Provided, finally,
that exemption shall be subject to the provisions of Section 4 of Republic Act No.
9295, otherwise known as "The Domestic Shipping Development Act of 2004";
t. Importation of life-saving equipment, safety and rescue equipment and
communication and navigational safety equipment, steel plates and other metal
plates including marine-grade aluminum plates, used for shipping transport
operations; Provided, that the exemption shall be subject to the provisions of
Section 4 of Republic Act No. 9295, otherwise known as "The Domestic Shipping
Development Act of 2004".
u. Importation of capital equipment, machinery, spare parts, life-saving and
navigational equipment, steel plates and other metal plates including marine-grade
aluminum plates to be used in the construction, repair, renovation or alteration of
any merchant marine vessel operated or to be operated in the domestic trade.
Provided, that the exemption shall be subject to the provisions of Section 19 of
Republic Act No. 9295, otherwise known as the "The Domestic Shipping
Development Act of 2004".
v. Importation of fuel, goods and supplies engaged in international shipping or air
transport operations; Provided, that the said fuel, goods and supplies shall be used
exclusively or shall pertain to the transport of goods and/or passenger from a port in
the Philippines directly to a foreign port, or vice-versa, without docking or stopping
at any other port in the Philippines unless the docking or stopping at any other
Philippine port is for the purpose of unloading passengers and/or cargoes that
originated form abroad, or to load passengers and/or cargoes bound for abroad;
Provided, further, that if any portion of such fuel, goods or supplies is used for
purposes other that the mentioned in the paragraph, such portion of fuel, goods and
supplies shall be subject to 12% VAT;
w. Services of banks, non-bank financial intermediaries performing quasi-banking
functions, and other non-bank financial intermediaries, such as money changers
and pawnshops, subject to percentage tax under Sections 121 and 122, respectively
of the Tax Code; and
x. Sale or lease of goods or properties or the performance of services other than
the transactions mentioned in the preceding paragraphs, the gross annual sales
and/or receipts do not exceed the amount of One Million Five Hundred Thousand
Pesos (P1,500,000.00). Provided, that not later than January 31, 2009 and every
three (3) years thereafter, the amount of P1,500,000.00 shall be adjusted to its
present value after using the Consumer Price Index, as published by the NSO.
What are the previously exempt transactions that are now subject to VAT?
Medical services such as dental & veterinary services rendered by
professionals;
Legal services;
Non-food agricultural products;
Marine and forest products;
Cotton and cotton seeds;
Coal and natural gas;
Petroleum products;
Passenger cargo vessels of more than 5,000 tons;
Work of art, literary works, musical composition;

Generation, transmission and distribution of electricity including that of

electric cooperatives;
Sale of residential lot valued at more than P1,500,000.00;
Sale of residential house & lot/dwellings valued at more than P2,500,000.00;
Lease of residential unit with a monthly rental of more than P10,000;

II. RELIEF-Related Queries

What is "RELIEF"?
RELIEF means Reconciliation of Listing for Enforcement. It supports the third party
information program of the Bureau through the cross referencing of third party
information from the taxpayers' Summary Lists of Sales and Purchases prescribed to
be submitted on a quarterly basis.
Who are required to submit Summary List of Sales?
VAT taxpayers with quarterly total sales/receipts (net of VAT), exceeding Two Million
Five Hundred Thousand Pesos (P2,500,000.00) are required to submit a Summary
List of Sales.
Who are required to submit Summary List of Purchases?
VAT taxpayers with quarterly total purchases (net of VAT) of goods and services,
including importation exceeding One Million Pesos (P1,000,000.00) are required to
submit Summary List of Purchases.
What are the Summary Lists required to be submitted?

Quarterly Summary List of Sales to Regular Buyers/ Customers Casual

Buyers/ Customers and Output Tax
Quarterly Summary of List of Local Purchases and Input tax; and
Quarterly Summary List of Importation.
When is the deadline for submission of the above Summary Lists?
The Summary List of Sales/Purchases, whichever is applicable, shall be submitted
on or before the twney-fifth (25th) day of the month following the close of the
taxable quarter -- calendar quarter or fiscal quarter.
What are the penalties for failure to submit the Summary Lists?

For failure to file, keep or supply a statement, list or information

required on the date prescribed shall pay and administrative penalty of
One Thousand Pesos (P1,000.00) for each such failure, unless it is
shown that such failure is due to reasonable cause and not to willful
neglect; and
An aggregate amount to be imposed for all such failures during a
taxable year shall not exceed Twenty-Five Thousand Pesos
(P25,000.00).

III. What is the treatment for Withholding of VAT on Government Money

Payments?

The goverment or any of its political subdivisions, instrumentalities or

agencies, including government-owned or controlled corporations
(GOCCs) shall, before making payment on account of each purchase of
goods and/or services taxed at twelve percent (12%) VAT pursuant to
Sections 106 and 108 of the Tax Code, deduct and withhold a Final VAT
due at the rate of five percent (5%) of the gross payment.

The five percent (5%) final VAT withholding rate shall represent the net VAT payable
of the seller. The remaining seven percent (7%) effectively accounts for the
standard input VAT for sales of goods or services to government or any of its
political subdivisions, instrumentalities or agencies including GOCCs in lieu of the
actual input VAT directly attributable or ratably apportioned to such sales. Should
actual input VAT attributable to sales to government exceeds seven percent (7%) of
gross payments, the excess may form part of the sellers' expense or cost. On the
other hand, if actual input VAT attributable to sale to government is less than seven
percent (7%) of gross payment, the difference must be closed to expense or cost.

The government or any of its political subdivisions, instrumentalities or

agencies including GOCCs, as well as private corporation, individuals,
estates and trusts, whether large or non-large taxpayers, shall withhold
twelve percent (12%) VAT with respect to the following payments:
1. Lease or use of properties or property rights owned by non-residents; and
2. Other services rendered in the Philippines by non-residents.
IV. In what grounds can the Commissioner of Internal Revenue suspend
the business operations of a taxpayer?
The Commissioner or his authorized representative is 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:

Failure to issue receipts or invoices;

Failure to file a value-added-tax return as required under
Section 114; or
Understatement of taxable sales or receipts by thirty percent
(30%) or more of his correct taxable sales or receipts for the
taxable quarter.
(b) Failure to any Person to Register as Required under Section 236

The temporary closure of the establishment shall be for the

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