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ACCELERATION AND
INCLUSION (TRAIN) LAW on VAT
Lesson 1
DOF
BIR
BUREAU OF INTERNAL REVENUE
(BIR)
> BIR collection accounts for more than 60% of the national
Government's total revenues.
(www.bir.gov.ph)
GOVERNMENT REVENUES
>Includes all amounts
of money received from
sources outside the
government entity
➢Acquires the resources
to finance its expenditures
through a number of
different methods.
GOVERNMENT REVENUES
SOURCES
A. TAX REVENUES
(www.bir.gov.ph)
2 TYPES OF ADMINISTRATIVE TAX
AUTHORITIES
1.REVENUE REGULATIONS -are
administrative interpretations of the tax
statutes enacted by Congress.
2. REVENUE RULINGS -
>are more detailed;
> explains the results of
very specific transactions
(www.bir.gov.ph)
DISAGREEMENT BETWEEN
BIR & TAXPAYERS
(www.cta.judiciary.gov.ph)
SOURCES OF TAX LAWS
>Constitution;
> Statutes and Presidential
Decrees;
> Revenue Regulations by
DOF;
> Rulings issued by BIR Commissioner
and opinions by the Secretary of
Justice;
>Decisions of the Supreme Court and
Court of Tax Appeals
SOURCES OF TAX LAWS
>Provincial, city,
municipal and barangay
ordinances subject to
limitations set forth in the
Local Government;
>Treaties or international
agreements
Review of Session I
➢Vision Mission of the President for the
country
➢Core Value: Love and service to the
Country
➢TRAIN LAW (R.A. 10963), effective
January 01, 2018
➢3 Branches of the Government
➢Legislative Branch – creates the law;
Executive Branch – implements the
law; and
Judiciary – interprets the law
OUTLINE : SESSION II
I. Definition of Terms:
business, taxes
II. Requisites of “business”
III. Kinds of Taxes
IV. Types of Business Taxes
V. VAT Comparison with
Other Asian Countries
OUTLINE : SESSION II
VI. Gross Receipts/
Gross Sales under
RR 8-2018
VII. Highlights of VAT under
TRAIN Law
VIII. Definition and Sources
of Output Tax
IX. Definition and Sources of Input Tax
X. Input Tax on Capital Goods
OUTLINE : SESSION II
A.
A. “Business” or in the “course
of business”
-
>Sec. 105 of NIRC
Requisites:
> It should be used in the
commercial or
economic entity; or
> There should be
regularity in the activity
DEFINITION OF TERMS
B. Taxes
- enforced proportional
contributions
-from persons and property
-levied by the lawmaking
body
-sovereignty
-for the support of all
government and public
needs
KINDS OF TAXES
1. DIRECT TAX
>the economic unit
that pays the tax to
the government and
carries the burden of
it.
ex. Income tax,
estate tax & donor’s
tax
KINDS OF TAXES
1. INDIRECT TAX
>the economic unit does
not carry the burden of
the tax
➢ This can be shifted to
the consumers
➢ ex. VAT, percentage
taxes, excise tax
TYPES OF BUSINESS TAXES
COMPARATIVE DATA
ON VAT IN ASIA
COUNTRY
Value added tax (VAT)
CAMBODIA 10%
CHINA 17%
HONG KONG
INDIA State VAT 12.5%
INDONESIA 10%
JAPAN 5%
S. KOREA 10%
LAOS Business turnover tax on sales (VAT) 10%
PHILIPPINES 12%
SINGAPORE 7%
THAILAND 7%
VIETNAM 10%
www.business-in-asia.com
GROSS RECEIPTS
(Revenue Regulations No. 8-2018
R.A. 10963 TRAIN LAW Sec. 2)
➢Refers to the total amount of money or
its equivalent
➢representing the contract price,
compensation, service fee, rental or
royalty
➢ including the amount charged for
materials supplied with the services and
GROSS RECEIPTS
(Revenue Regulations No. 8-2018
R.A. 10963 TRAIN LAW Sec. 2
➢deposits and advance
payments actually or
constructively received
during the taxable
period
➢for the services
performed or to be
performed for another
person
GROSS RECEIPTS
(Revenue Regulations No. 8-2018
R.A. 10963 TRAIN LAW Sec. 2)
➢except returnable
security deposits for the
purposes of these
regulations.
➢ In the case of VAT
taxpayer, this shall
exclude the VAT
component.
GROSS SALES
(Revenue Regulations No. 8-2018
R.A. 10963 TRAIN LAW Sec. 2 )
➢Refer to the total
sales transactions
net of VAT, if
applicable, reported
during the taxable
period, without any
deduction…
COMPARISON
PREVIOUS TAX
RULES TRAIN
A. VAT Threshold A. VAT Threshold
- exceeds - P3,000,000
P1,919,500 (RR No. 8-2018)
(RR16-2011) .
COMPARISON
PREVIOUS TAX
RULES TRAIN
A. VAT Threshold A. VAT Threshold
- exceeds P1,919,500 - RR No. 8-2018: A VAT
(RR16-2011) taxpayer who did not
exceed the VAT threshold
within the immediately
preceding 3 yrs, may opt
to be a not – VAT
taxpayer & avail of 5% or
10% income tax rate
option (RR 11-2018).
COMPARISON
PREVIOUS TAX
RULES TRAIN
A. VAT Threshold A. VAT Threshold
- exceeds P1,919,500 -She/he shall update
(RR16-2011) the registration
records on or before
the first quarter of a
taxable year to reflect
the change in
registration.
COMPARISON
PREVIOUS TAX
RULES TRAIN
A. VAT Threshold A. VAT Threshold
- exceeds P1,919,500 - However, he shall be
(RR16-2011) liable for VAT as long
as there is no update
of registration and VAT
registered invoices/
receipts are issued...
(RR No. 8-2018)
HIGHLIGHTS OF VAT :
SALE OF RESIDENTIAL LOT
OLD LAW TRAIN (2018 – 2020)
TRAIN (2018 –
OLD LAW 2020)
ON ZERO-RATED SALE OF SERVICES
➢Sec. 106 (A) (2) EXPORT SALES
subject to 0 rate include the ff:
1. Sale & actual shipment of > RETAINED
goods to a foreign country
irrespective of arrangement, paid
for in acceptable foreign
currency & accounted for in
accordance with BSP RULES.
HIGHLIGHTS OF VAT :
TRAIN (2018 –
OLD LAW 2020)
ON ZERO-RATED SALE OF SERVICES
➢Sec. 106 (A) (2) EXPORT SALES
subject to 0 rate include the ff:
2. Sale of raw materials or > SAME ITEM NO. 3/
packaging materials to a PARAGRAPH 3
nonresident buyer for delivery to
local export – oriented enterprise
to be used for manufacturing or
repacking in the Phil. and paid for
in acceptable foreign currency &
accounted for in accordance
with BSP rules.
HIGHLIGHTS OF VAT :
TRAIN (2018 –
OLD LAW 2020)
ON ZERO-RATED SALE 2. Sale & Delivery of goods
OF SERVICES to:
➢Sec. 106 (A) (2) ii) Registered enterprises
EXPORT SALES subject w/in a tourism enterprise
to 0 rate include the ff:
zones as declared by the
Tourism Infrastructure &
Enterprise Zone Authority
(TIEZA).
HIGHLIGHTS OF VAT :
TRAIN (2018 –
OLD LAW 2020)
ON ZERO-RATED SALE OF
SERVICES
➢Sec. 106 (A) (2) EXPORT SALES
subject to 0 rate include the ff:
3. Sale of raw materials or retained (item no.
packaging materials to export- 4/ paragraph 4)
oriented enterprise whose export
sales exceed 70% of total annual
production.
HIGHLIGHTS OF VAT :
TRAIN (2018 –
OLD LAW 2020)
ON ZERO-RATED SALE
OF SERVICES
➢Sec. 106 (A) (2)
EXPORT SALES subject
to 0 rate include the ff:
4. Sale of gold to the 4. EXEMPT ( SEC. 109)
BSP
HIGHLIGHTS OF VAT :
TRAIN (2018 –
OLD LAW 2020)
ON ZERO-RATED SALE OF
SERVICES
➢Sec. 106 (A) (2) EXPORT SALES
subject to 0 rate include the ff:
5. Those considered as
4. Retained item
export sales under EO 226 5/par.5
otherwise known as
Omnibus Invetment Code of
1987, and other special law.
HIGHLIGHTS OF VAT :
TRAIN (2018 –
OLD LAW 2020)
ON ZERO-RATED SALE OF 6. RETAINED …
SERVICES addendum
➢Sec. 106 (A) (2) EXPORT
Provided, that the goods
SALES subject to 0 rate
include the ff: & supplies,
equipment and fuel
6.The sale of goods,
supplies, equipment and
shall be used for
fuel to persons engaged in international shipping
international shipping or or air transport
int’l. air transport operations. operations.
HIGHLIGHTS OF VAT :
TRAIN (2018 –
OLD LAW 2020)
ON ZERO-RATED SALE OF
SERVICES
➢Sec. 108 (B) ZERO –RATED
SALES OF SERVICES INCLUDE: RETAINED …
4. Services rendered to Provided, that these
persons engaged in int’l services shall be
shipping or int’l air exclusive for int’l
transport operations, shipping or air
including leases of transport operations.
property for use thereof.
HIGHLIGHTS OF VAT :
TRAIN (2018 –
OLD LAW 2020)
ON ZERO-RATED 8. Services rendered to:
SALE OF SERVICES
i) Registered enterprises
➢Sec. 108 (B) ZERO
w/in a separate customs
–RATED SALES OF
SERVICES INCLUDE: territory as provided under
special law.
8. None in NIRC.
ii) Registered enterprise w/in
tourism enterprise zones
as declare by the TIEZA
under RA 9583
HIGHLIGHTS OF VAT :
N,B,
Additional 5
days for EFPS
BASIS OF VAT
EXAMPLE ANSWER
MGQ Corp., domestic 1. P170,225.58
corporation acquired
goods in Singapore (LANDED COST X 12%)
with a taxable value 1. P 1,418,546.54
of P1,397,522,
brokerage fees of (1,397,522+
P6,796.90 and other 6,796.91+14,227.64)
charges of P14,227.64.
1)How much is the input
tax?
2) How much is the
landed cost?
DEFINITION OF OUTPUT VAT
➢ACTUAL SALE
➢TRANSACTION DEEMED SALES
➢ZERO RATED SALES
DEFINITION OF OUTPUT VAT
➢LOCAL PURCHASES
➢IMPORTATION
➢PRESUMPTIVE INPUT VAT
➢TRANSITIONAL INPUT VAT
➢STANDARD INPUT VAT
INPUT VAT ON CAPITAL GOODS
➢NOT A TAX
➢It is only a strategy of collection
TYPES OF
WITHHOLDING TAXES
1. FINAL WITHHOLDING TAXES
EX. Interest income on bank
deposits, prizes & winnings,
fringe benefits subject to
FBT.
TYPES OF
WITHHOLDING TAXES
2. CREDITABLE/ EXPANDED
WITHHOLDING TAXES
EX. Compensation,
professional fee, contractors
WITHHOLDING TAX BASE
(Revenue Memorandum
Circular No. 72-04)
Rule:
1.For non-vat: GROSS BILLINGS
2.For Vat Registered: withhold no the
amount of NET VAT
ACTUAL CASE:
NON-VAT SUPPLIER OF GOOD
& SERVICES
Rex Q. is a non-vat registered
contractor. His gross billing on
services is P100,000. How much is
the withholding tax of his client? Net
amount due to Rex?
Ans. P2,000 cred.w/tax
(100,000 x 2% EWT)
Ans. P98,000 amount due
ACTUAL CASE:
NON-VAT SUPPLIER OF GOOD
& SERVICES
Rex Q. is a vat registered contractor. His
gross billing on services is P100,000
exclusive of VAT. How much is the
withholding tax of his client? Net amount
due to Rex?
Ans. P2,000 cred.w/tax
(100,000 x 2% EWT)
Ans. P110,000 amount due
(P100,000X1.12=P112K total billing)
REVIEW OF SESSION II
>www.bir.gov.ph
>www.business-in-asia.com
> www.dof.gov.ph
>www.op-proper.gov.ph
>www.cta.judiciary.gov.ph
> Ferrer, Luis (2018). Tax Updates and TRAIN LAW. Manila Hotel.
>Icaranom, Rhodora G. (2018). Tax Updates and TRAIN LAW. Manila Hotel.
>Gargoles, Nelson. (2018). Mastering Withholding Taxes, PICPA.
- Thank you -