BUSTAX
BUSTAX
1. What is consumption?
Consumption occurs when one acquires good or services by purchase, exchange, or other means
8. Compare the direct method to the tax credit method in VAT computation
The direct method is computed by applying the VAT rate to the difference of the selling price and
purchase while the tax credit method is imposed upon the sales or receipts (output) of the business.
The output VAT is then reduced by the VAT paid by the business on its purchases (input). The excess
of the Output VAT over the Input VAT is the VAT due or payable.
1. What is importation?
Importation is the purchase of goods or services by Philippine residents from non-resident sellers
https://en.wikipedia.org/wiki/List_of_special_economic_zones_in_the_Philippines#Agro-
industrial_economic_zones
10. Discuss the final withholding VAT, its scope and nature
Final withholding VAT is when the resident buyer is obligated to “withhold” the VAT and to remit the
same to the government. It views this as a. business tax and presumes that non-resident sellers are
engaged in business even if their sales transaction are merely casual.
11. Discuss the treatment of the VAT on importation and the final withholding VAT
- If the resident purchaser is a VAT-registered business, it can claim VAT on importation or
withholding VAT as input VAT creditable against output VAT
- If the resident purchaser is a non-VAT business, the VAT on importation or final withholding VAT is
part of the cost of purchase of goods or services and shall be treated as asset or expense
- If the purchaser is not engaged in business, the VAT on importation is added to the costs of the
goods imported
1. What is a business?
Business refers to a habitual engagement in a commercial activity involving the sale of goods or
services for a profit
7. Explain the concept of “gross selling price” and the concept of “gross receipts”
a. Gross selling price
- total amount of money or its equivalent which is the purchaser pays or is obligated to pay to the
seller in consideration of the sale
b. Gross receipts
- Total amount of money representing the contract price including the amount charged for
materials supplied with the services and deposits applied as payments for services, rendered
and advanced payments excluding VAT
9. What is the accounting period for businesses? Discuss the rules on the business accounting period
Length of accounting period for business taxes is one quarter (taxable quarter) wherein it is composed
of 3 months which is synchronized with the taxable year (calendar or fiscal) of the taxpayer for the
purposes of income tax
Rules:
- Individuals are limited to use only the calendar accounting period
- Corporate taxpayers may opt for either calendar year or fiscal year accounting period
10. Describe the scope of the VAT and the Percentage Tax
- The VAT applies, in general, to all persons who sell, barter, exchange or lease goods or properties,
or render services in the course of trade or business whose annual gross sales or receipts exceed
the VAT threshold and those who import goods, whether for business or otherwise.
- Percentage tax is based on gross sales, receipts, or earnings within the Philippines.
- Certain businesses in the Philippines that sell, or lease goods, properties or services can be treated
under the Percentage Tax system. This may depend, for example, on the value of sales generated
in a year (VAT threshold) or the business model and industry.
- Business (non-VAT) that does not exceed the VAT threshold is subject to 3% percentage tax
b. Health services
- Medical, dental, hospital, and veterinary services except those rendered by professionals and
sales of drugs by hospital drugstores
- Applies to all health services whether rendered by a private, non-profit or government hospital
- health services rendered by professionals and the sale of drugs are vatable
c. Schools
- Education is a necessity = law exempts school fees from business taxes
- Covers government and private schools, proprietary or non-profit, as long as they have
accreditation
The exemption does not cover services rendered by educational institutions that are not accredited
such as:
Seminars
In-service trainings
Review classes
Other similar services
d. Real properties
By non-dealer
- Sale of real properties not primarily held for sale to customers or held for lease in the ordinary
cause of business is exempt from business tax
- Real property classified as capital assets of VAT taxpayers
- Any real properties of non-VAT taxpayers
- Any real properties of persons not engaged in business
By dealer
- Sales of residential properties within the price ceilings are considered reasonable human
necessity and hence exempt
- Exempt if they comply with the statutory or regulatory price ceilings:
Sale of real properties utilized for socialized housing units:
- House and lot package – P450K
- Residential lots only – P180K
Sale of real properties utilized for low-cost housing wherein the price ceiling per unit is P750K
Sale of residential lot valued at P1,919,500/unit and below
Sale of residential dwelling value at P3,199,200/unit and below
4. What are the two VAT threshold? Discuss the rule on registration for each threshold
VAT Threshold Amount Covered taxpayers
General Applicable to all taxpayers other
Threshold P3,000,000 than franchise grantees of
radio/TV
Special Applicable to only franchise
P10,000,000
Threshold grantees of radio/TV
Any person who, in the course of trade or business or engages in the sale or exchange of services shall be
liable to register to VAT if:
1. His gross sales or receipts for the past 12 months exceeded P3M
2. There are reasonable grounds to believe that his gross sales or receipts for the next 12 months will
exceed P3M
5. Illustrate the application of the VAT threshold to persons who exceed the VAT threshold during the year
- 12-month totals of monthly receipt from the current month until 12 months back shall be monitored if
it exceeds the P3M VAT threshold
- If exceeded, required to update his registration from non-VAT to VAT taxpayer on or before the end
of the succeeding month when the business exceeded VAT threshold
7. What are the classifications of vatable sales? How do they compare in terms of treatment of output VAT
and input VAT?
Types of sales Output VAT Input VAT VAT due
Exempt sales None None None
Zero-rated sales Actual if not claimed as credit or
Zero Negative
refund
Sales to 12% of sales/
7% of sales/receipts None
government receipts
Regular sales 12% of sales/
Actual input VAT paid Positive or negative
receipts
a. Sale of goods destined to a non-resident buyer abroad is a zero-rated sale even if it involves exempt
goods
b. Sale of vatable goods or services in the PH is normally a regular vatable sale, except when the sale
is:
Made to the government or GOCC – subject to final withholding VAT
Considered an export pr effectively zero-rated such as sales to VAT-exempt persons - subject to
0% VAT
c. Sale of exempt goods and services to the government or GOCC is still exempt sales
8. Illustrate the reporting of the value added tax in each taxable quarter
Period Covered BIR Form Deadline
1st month of the quarter 2550M 20 days from end of month
2nd month of the quarter 2550M 20 days from end of month
For the quarter 2550Q 20 days from end of quarter
- VAT is paid quarterly but is paid monthly as follows
- If Input VAT > Output VAT = input VAT carry-over
- Negative VAT payable: no VAT is to be paid
9. Discuss the invoicing requirement of VAT-registered taxpayers
- For VAT taxpayers, exempt sales of goods or services must be specifically designated as such by
indicating or pre-printing the caption “EXEMPT” on the invoice or receipt
- Failure to comply with this requirement shall make the sale vatable
subject to VAT = VAT-registered taxpayer
2. Briefly discuss the tax base of the output VAT on the sales of services
- Subject to 12% VAT based on the gross receipts
3. Discuss the tax base of the output VAT on the sales of properties
- Subject to VAT on the gross selling price
Under the regulations, gross selling price means the higher of the:
a. Consideration or selling price
b. Fair value of the property
Under the NIRC, the fair value of real property is the higher between the:
a. Zonal value; and
b. Fair value per assessor’s office
5. Illustrate the computation of VAT if the price is agreed upon as exclusive or inclusive of VAT
- Inclusive
Sales (Pxxx / 1.12)
Plus: Output VAT (Pxxx x 12/112)
Invoice Price
- Exclusive
Sales (exclusive of VAT)
Plus: Output VAT (Pxxx x 12%)
Invoice Price
EO 226
a. Philippine FOB value of export products exported directly by an export producer
b. Net selling price of export products sold by a registered export producer to another export producer
c. Net selling price of export products sold by a registered export producer to an export trader that
subsequently exports the same
d. Even without actual exportation, the following shall be considered constructively exported:
- Sales to bonded manufacturing warehouses of export-oriented enterprises
- Sales to export processing zones in pursuant to RA 7916, 7903, 7922 and other similar export
processing zones
- Sales to enterprises duly registered and accredited with the Subic Bay Metropolitan Authority
- Sales to registered export traders operating bonded manufacturing warehouses supplying raw
materials in the manufacture of export products
- Sales to diplomatic missions and other agencies and/or instrumentalities granted tax immunities, of
locally manufactured, assembled, or repacked products whether or not paid for in foreign currencies
- Sale of goods, properties or services to a BOI-registered manufacturer or producer
5. Enumerate the sales of goods and sales of services which are effectively zero-rated
Sales of service
a. Sale of services to non-residents
b. Effectively zero-rated sales of services
c. Services rendered to persons engaged in international shipping or international air transport
operations including leases of properties thereof
d. Transport of passengers and cargoes by domestic air or sea carriers from the PH to a foreign
country
e. Sale of power or fuel generated from renewable sources of energy
f. Services rendered to ecozones or tourism enterprise zones
Sales of goods
a. Export sales
b. Effectively zero-rate sales
6. Discuss the requirements for foreign currency denominated sales and effectively zero-rated sales