20.

CONTEX VS COMMISSIONER
Facts:
Petitioner Contex Corporation (CONTEX) is a domestic corporation engaged in the business of manufacturing
hospital textiles and garments and other hospital supplies for export. Petitioner’s place of business is at the
Subic Bay Freeport Zone (SBFZ). It is duly registered with the Subic Bay Metropolitan Authority (SBMA) as a Subic
Bay Freeport Enterprise, pursuant to the provisions of RA 7227. As an SBMA-registered firm, petitioner is exempt
from all local and national internal revenue taxes except for the 5% preferential tax provided in RA 7227.
Petitioner also registered with the BIR as a
The Court of Appeals reversed the CTA’s ruling, hence, this petition.
Issue/s:
Was COMASERCO engaged in the sale of services, and thus, liable to pay VAT?
Held:
Yes. Section 99 of the National Internal Revenue Code of 1986 provides that: “Any person who, in the course of
trade or business, sells, barters or exchanges goods, renders services, or engages in similar transactions and any
person, who, imports goods shall be subject to VAT imposed in Sections 100 to 102 of this Code. The Higher
Court clarified the meaning of the term “in the course of trade or business” by citing Section 105 of RA 8424
which took effect on January 1, 1998. 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, non-profit organization (irrespective of
the disposition of its net income and whether or not it sells exclusively to members or their guests), or
government entity.
It is immaterial whether the primary purpose of a corporation indicates that it receives payments for services
rendered to its affiliates on a reimbursement-of-cost basis only, without realizing profit, for purposes of
determining liability for VAT on services rendered. As long as the entity provides services for a fee, remuneration
or consideration, then the service rendered is subject to VAT.
Secondly, it is a rule that business taxes are the lifeblood of the nation, statutes that allow exemptions are
construed strictly against the grantee and liberally in favor of the government. Otherwise stated, any exemption
from the payment of a tax must be clearly stated in the language of the law, it cannot be merely implied
therefrom. In the case of the VAT, Section 109, RA 8424 clearly enumerates the transactions exempted from
VAT. The services rendered by COMASERCO do not fall within the exemptions.