Business Tax
Business Tax
10963:
- The TRAIN Act is the initial package of the Comprehensive Tax Reform Program (CTRP) signed into
law by President Rodrigo Duterte on December 19, 2017.
- The TRAIN Act is the first of four packages of tax reforms to the National Internal Revenue Code
of 1997, or the Tax Code, as amended.
- This package introduced changes in personal income tax (PIT), estate tax, donor's tax, value
added tax (VAT), documentary stamp tax (DST) and the excise tax of tobacco products,
petroleum products, mineral products, automobiles, sweetened beverages, and cosmetic
procedures.
- Note: The following discussions on business taxes are based on TRAIN LAW.
Business tax is a tax imposed on the onerous transfer of product, property, and service.
ONEROUS TRANSFER – subject to business tax… Value added tax, percentage tax and excise tax.
GRATUITOUS TRANSFER – subject to transfer tax… Estate tax and donor’s tax.
Value-added Taxes
Is a business tax imposed and collected from the seller in the course of trade or business on every
sale of properties (real or personal) lease of goods or properties (real or personal) or vendors of
services.
Sale of services and use or lease of properties in the ordinary course of business.
Percentage Taxes
Is a business tax imposed on persons or entities who sell or lease goods, properties or services in
the course of trade or business whose gross annual sales or receipts do not exceed the amount of
three million pesos (P3,000,000) and are not VAT-registered.
Excise Taxes
Is a tax imposed on goods manufactured or produced in the Philippines for domestic sale or
consumption or any other disposition. It is also imposed on things that are import.
Notes:
Value-added tax and Excise tax may be imposed simultaneously on the manufacture and importation of
products.
Value-added tax and Percentage tax cannot be imposed at the same time. It is either that the sale is
subject to Vat, or subject to percentage tax, or not subject to any of the two taxes at all.
The phrase “in the course of trade or business” means the regular conduct or pursuit of a commercial
or an economic entity, including transactions incidental, thereto, by any person engaged therein is a
non-stock, non-profit private organization or government entity,
The Taxpayer
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 Three Million Pesos (Php3,000,000.00)
- 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.
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.
Goods or properties shall mean all tangible and intangible objects, which are capable of pecuniary
estimation and shall include, among others:
Real properties held primarily for sale to customers or held for lease in the ordinary course of
trade or business;
TRAIN imposed the following on VAT exemption provisions regarding real estate transactions:
a) Real properties not primarily held for sale to customers or for lease in the ordinary course of trade
or business, and properties utilized for socialized housing shall be exempted from VAT.
This means residential lots that were previously tax exempt (worth Php1,500,001 to Php1,919,500) are
now subject to VAT.
c) TRAIN also lowered the VAT exemption of residential dwellings (house and lots, condominiums)
from Php 3,199,200 to Php 2,500,000.
This means houses and condos that were previously tax exempt (worth Php2,500,001 to
Php3,199,200) are now subject to VAT.
Further, effective January 1, 2021, the exemption shall be lowered again from Php2,500,000 to
Php2,000,000, and every three years thereafter, the amount stated shall be adjusted to its present
value using the Consumer Price Index (CPI) as published by the Philippine Statistics Authority (PSA).
d. Lease of residential unit with a monthly rental not exceeding P15,000 shall be exempted from VAT.
The basis of VAT on taxable sale of real property is gross selling price, which is either selling
price stated in the sale document or the fair market value whichever is higher.
b. The fair market value as shown in the schedule of values fixed by the provincial and
city assessors.
If the VAT is not billed separately, the selling price stated in the sales documents shall be
deemed to be inclusive of VAT.
If the gross selling price is based on the zonal value or market value of the property, the zonal
value or market value shall deemed exclusive of VAT.
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;
The right or privilege to use in the Philippines of any industrial, commercial or scientific
equipment;
The right or the privilege to use motion picture films, films, tapes and discs; and
- The value of goods or properties sold and subsequently returned or for which allowances were
granted by a VAT- registered person may be deducted from the gross sales or receipts for the
quarter in which a refund is made or a credit memorandum or refund is issued.
- Sales discount granted and indicated in the invoice at the time of sale and the grant of which
does not depend upon the happening of a future event may be excluded from the gross sales
within the same quarter it was given.
sale:
(1) Transfer, use or consumption not in the course of business of goods or properties originally
intended for sale or for use in the course of business;
(3) 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
(4) 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.
Output Vatxxx
Categories of Services
-Section 108 (A) of the NIRC defined and categorized “sales or exchange of services” as the
performance of all kinds of services in the Philippines for a fee, remuneration, or consideration
including those:
• Transfer of Technology
Not VAT-registered but his total gross receipts exceed ₱3,000,000 per year.
Service Contractors
In general, the gross receipts of service contractors are subject to 12% VAT
The transactions entered by a service contractor , subject to value added tax with the government is
subject to a final withholding value added tax of five percent(5%) of the gross payment.
The contract for security services entered by and between the security agency and its client
must provide for a breakdown of the amount of security services into two components:
Agency fee
Note: only the agency fee is subject to 12% VAT if the service contract stipulates the breakdown of the
amount of security services
Real estate broker – a person selling property of others for a fee or commission income
Broker is VAT-registered or
Dealers in Securities
Rule: Subject to VAT based on their gross receipts.
The term “gross receipts” for dealers in securities means gross selling price less cost of
securities sold.
Lending Investors
Includes all persons other than banks, non- bank financial intermediaries:
who make a practice of lending money for themselves or for others for an interest
Transportation Services
- Transport of passengers
VAT
foreign country - 0%
Freight Forwarders
Services may cover a cross boarder movement (from the Philippines to foreign port or vice
versa)
Freight Forwarders
Outbound Movement:
freight
Accessorial charges /
Travel Agencies
VAT is based on its gross receipts which will not include the:
- reimbursement of expenses for services rendered by third party other than the travel
agency and paid to such party
*However, if the margin exceeds 9% of the gross selling price of the ticket to the passenger, the BIR
treats the traansaction as a resale which is taxable on the gross selling price.
lease to concessionaires,
Service charges billed separately and actually distributed to waiters and employees
Actual cost of long distance and overseas telephone calls, and other charges of the
telecommunication companies collected by the establishment
Local taxes
Media Advertising
Gross receipts subject to VAT on media transactions would comprise the following:
-The amount of gross receipts representing agency commissions received by an advertising agency of
the services it performed as a broker for the media and the advertiser, and
-The amount representing gross receipts derived by the media from its advertising services
If monthly rental does not exceed P15,000 per unit per month - lessor shall be exempt from
VAT and other percentage tax (OPT)
If monthly rental exceeds P15,000 per month per unit but the aggregate annual rentals do not
exceeds P3,000,000- lessor is subject to 3% OPT
If monthly rental exceeds P15,000 per month per unit and the aggregate annual rentals exceed
P3,000,000, lessor is subject to 12% VAT
Franchise Grantees
Telecommunications- taxable base for VAT is the gross receipts from their telephone,
telegraph, telewriter exchange, wireless and other communication facilities services excluding
amounts earmarked as the foreign administration's share relating to the services performed
outside the Philippines
Radio and/or television broadcasting - gross receipts of the preceding year exceeding Ten
Million shall be subject to 12% VAT, gross receipts of the preceding year not exceeding Ten
Million shall be subject to 3% percentage tax
Gas and water utilities shall be subject to 2% franchise tax on their gross receipts derived from
the business covered by the law granting the franchise.
Sale by the artist of his works of art, literary works, musical compositions and similar
creations, or his services performed for the production of such works are now subject to VAT
8. The lease or the use of or the right to use radio, television, satellite
transmission and cable television time.
O Importations of goods into the Philippines are subject to VAT, whether the importation is intended
for business or for personal use.
Tax Base
- Based on the total value used by the Bureau of Customs in determining tariff and custom
duty(dutiable value), plus custom duties, excise taxes, if any, and other charges prior to the removal of
the goods from customs custody OR
-Based on the landed cost plus excise tax, if any, and other charges prior to the removal of the goods
from custom custody, if the custom duties are determined on the basis of quantity or volume of the
goods.
Landed cost includes invoice cost, freight, insurance and other charges.
-Insurance -Freight
-Postage -Commission
Export Sales. –
(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);
(i) Registered enterprises within a separate customs territory as provided under special
laws; and
(ii) Registered enterprises within tourism enterprises zones as declared by the Tourism
Infrastructure and Enterprise Zone Authority(TIEZA) subject to the provisions under
Republic Act No. 9593 or The Tourism Act of 2009.
(3) Sale of raw materials or packaging materials to a nonresident buyer for delivery to a resident
local export-oriented enterprise to be used in manufacturing, processing, packing or repacking
in the Philippines of the said buyer's goods and paid for in acceptable foreign currency and
accounted for in accordance with the rules and regulations of the Bangko Sentral ng Pilipinas
(BSP);
(4) Sale of raw materials or packaging materials to export-oriented enterprise whose export sales
exceed seventy percent (70%) of total annual production;
(5) Those considered export sales under Executive Order NO. 226, otherwise known as the
“Omnibus Investment Code of 1987”, and other special laws;
Provided, That subparagraphs (3), (4), and (5) hereof shall be subject to the twelve percent
(12%) value-added tax and no longer be considered export sales subject to zero percent (0%)
VAT rate upon satisfaction of the following conditions:
O (1) The successful establishment and implementation of an enhanced VAT refund
system that grants refunds of creditable input tax within ninety (90) days from the filing of the
VAT refund application with the Bureau: Provided, That, to determine the effectivity of item
no. 1, all applications filed from January 1, 2018 shall be processed and must be decided within
ninety (90) days from the filing of the VAT refund application; and
O (2) All pending VAT refund claims as of December 21, 2017 shall be fully paid in cash by
December 31, 2019.
(6) The sale of goods, supplies, equipment and fuel to persons engaged in international shipping or
international air transport operations:
Provided, That the goods, supplies, equipment and fuel shall be used for international shipping or air
transport operations. [4]
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.
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.
➢ The tax base is the amount on which the rate of value tax is applied
❖ Tax Rates
Computations:
1. Sale of Goods
Total xxx
Gross selling price is the total amount of money or its equivalent which the
purchaser pays or is obliged to pay to the seller in consideration of the sale,
barter, or exchange, excluding the value added tax.
● The excise tax, if any, shall form part of the gross selling price.
● Briefly stated, gross selling price includes everything that the buyer pays
the seller, except the value added tax shifted to the buyer.
● Sales discount granted and indicated in the invoice at the time of sale and
the grant of which does not depend upon the happening of future event
may be excluded from gross sales within the same month or quarter it
was given.
● Sales returns and allowances may be deducted from gross sales for the
month or quarter in
SALE, BARTER OR EXCHANGE OF REAL PROPERTY SUBJECT TO VAT
Gross selling price shall mean the consideration stated in the sales document
OR the fair market value, whichever is higher (RR4-2007: Section 4, 106-4, RR 16-2005).
2. Sale of Services
INPUT VAT
➢ Input tax is not allocated. The total amount of input vat shall be
treated as tax credit against output vat in the month of acquisition
NOTE: Under the TRAIN Law
1. The rule on amortizing the input vat on capital goods shall only
be allowed until December 31, 2021. Consequently, amortization
of input vat on capital goods purchased/imported shall no longer
be allowed beginning January 1, 2022.
● For purchase made on Jan., 2019 and March, 2019, refer to no. 1 on
aggregate purchase price during the month is more than one million..
(estimated useful life or 60 months whichever is shorter)
● For purchases made on April, 2019, rule on aggregate purchase price
during the month is less than one million applies.
● For purchases made on Dec., 2021, refer to no. 2 under the TRAIN Law.
● For purchases made on Dec., 2021, refer to no. 1 under the TRAIN Law.
2. IMPORTATION
Dutiable value Pxxx OR Invoice Cost Pxxx
Freight
Insurance
OR
Monthly Declaration:
All persons liable to the value added tax shall pay the tax for each of the first and second months of
a quarter, based on the transactions of the month, as reflected in the monthly VAT declaration,
within 20 days after the end of each month.
* If the output taxes exceed the input taxes, there shall be a value added tax payable.
* If the input taxes exceed the output taxes, there shall be no value added tax payable. The excess
of input taxes over the output taxes in the first month shall be carried over the second month.
There is no carry over of excess input taxes from the second month to the third month.
Quarterly Return:
Within twenty five (25) days after the end of the taxable quarter, there shall be a Quarterly
VAT return, reflecting the cumulative transactions of the quarter.
The value added taxes shown and paid under the first and second months' declarations shall be
deducted from the output taxes in the quarterly return. Any excess of input taxes over the output
taxes of the quarter shall be carried over to the next quarter.
***A VAT taxpayer has 2 Monthly VAT Declarations and a Quarterly VAT Return in each quarter.