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  • BIR Ruling 415-93

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    Russell Page
    63 vizualizări2 pagini
    The Bureau of Internal Revenue denied a request to automatically offset claims for value-added tax (VAT) input tax by mining companies against their excise tax liabilities. According to existing rules and regulations, any claim for tax credit or refund of alleged excess input tax by a VAT-registered taxpayer must be verified by the BIR. Until the claimed input taxes are determined to be legally due and a tax credit certificate is issued, no automatic offsetting can be allowed. However, a properly issued tax credit certificate can be used to pay excise and other tax liabilities, like those of mining companies.

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    BIR Ruling Philippines 415-93 Taxation Law

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    The Bureau of Internal Revenue denied a request to automatically offset claims for value-added tax (VAT) input tax by mining companies against their excise tax liabilities. According to existing rules and regulations, any claim for tax credit or refund of alleged excess input tax by a VAT-registered taxpayer must be verified by the BIR. Until the claimed input taxes are determined to be legally due and a tax credit certificate is issued, no automatic offsetting can be allowed. However, a properly issued tax credit certificate can be used to pay excise and other tax liabilities, like those of mining companies.

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    © All Rights Reserved
    Descărcați ca PDF, TXT sau citiți online pe Scribd
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    63 vizualizări2 pagini

    BIR Ruling 415-93

    Încărcat de

    Russell Page
    The Bureau of Internal Revenue denied a request to automatically offset claims for value-added tax (VAT) input tax by mining companies against their excise tax liabilities. According to existing rules and regulations, any claim for tax credit or refund of alleged excess input tax by a VAT-registered taxpayer must be verified by the BIR. Until the claimed input taxes are determined to be legally due and a tax credit certificate is issued, no automatic offsetting can be allowed. However, a properly issued tax credit certificate can be used to pay excise and other tax liabilities, like those of mining companies.

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    © All Rights Reserved
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    din 2

    October 15, 1993

    BIR RULING NO. 415-93

    CLAIM FOR TAX CREDIT/REFUND FOR ALLEGED EXCESS INPUT TAX BY


    VAT-REGISTERED FIRM DENIED

    104 106 000-00 415-93


    The Honorable
    Undersecretary Tomas I. Alcantara
    Department of Trade and Industry
    385 Sen. Gil Puyat Avenue
    Makati, Metro Manila

    This refers to your request for confirmation and/or issuance of guidelines for
    the automatic offsetting of claims for VAT input tax by mining companies against
    their excise tax liabilities.
    cdt

    I reply, I regret to inform you that the same cannot be granted for lack of legal
    basis. Any claim for tax credit or refund of alleged excess input tax by a VAT
    registered taxpayer pursuant to Sections 104 and 106 both of the Tax Code, as
    amended by E.O. 273, shall be subject to verification by this Office pursuant to
    existing rules and regulations. Accordingly, until after the amount claimed as input
    taxes attributable to goods exported, or on sales which are zero-rated or effectively
    zero-rated or input tax paid on capital goods imported or locally purchased, to the
    extent that such input taxes have not been applied against output taxes, have been
    finally determined to be legally due to the taxpayer, and a tax credit certificate issued
    therefor, no automatic offsetting of the amount claimed as input tax against the tax
    liability of the taxpayer can be allowed.
    However, a Tax Credit Certificate duly issued by this Office shall, upon proper
    application, be allowed to be used in payment of excise and other tax liabilities of
    taxpayers, like the mining companies.
    cda

    Copyright 1994-2006

    CD Technologies Asia, Inc.

    Taxation 2005

    LIWAYWAY VINZONS-CHATO
    Commissioner of Internal Revenue

    Copyright 1994-2006

    CD Technologies Asia, Inc.

    Taxation 2005

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