No. 1.1 Instructors: J.T. Yeo, CPA, JD/K.J. Culajara CPA, JD Ateneo de Zamboanga University Accountancy Department Business Tax Week 1 INTRODUCTION TO VALUE ADDED TAX I. INTRODUCTION TO VALUE-ADDED TAX (VAT) The value-added tax (VAT) is a tax on consumption levied on the sale, barter, exchange or lease of goods or properties and services in the Philippines and on importation of goods in the Philippines. The seller is the one statutorily liable for the payment of tax, but the amount of tax may be shifted or passed on to the buyer, transferee or lessee of the goods, properties, or services. VAT is an indirect tax and the amount of tax may be shifted or passed on to the buyer, transferee or lessee of the goods, properties or services. Illustration: Andres sells to Boris a piece of wood – a nice, fine, well-sanded piece of wood at the price of P100 (net of VAT). Boris then expertly crafts the wood into a rocking chair and sells it to Cletus at P150 (net of VAT). Andres delivers the wood to Boris. ANDRES Supplier Boris delivers the rocking chair to Cletus. BORIS Seller Boris pays P112 for the P100 price and the P12 VAT (12% of P100). Boris generates output VAT of P18 from his sale to Cletus. But he has an input VAT of P12 from his purchase from Andres. CLETUS Buyer Cletus pays P168 for the P150 price and P18 VAT (12% of P150) Note: The output VAT represents a taxpayer’s liability to the BIR. The input VAT is like a claim that can be offset as against the taxpayer’s output VAT. In this case, Boris is liable only for the net output VAT of P6, since he can deduct the P12 input VAT from his P18 output VAT. A. Transactions covered by VAT 1 No. 1.1 Instructors: J.T. Yeo, CPA, JD/K.J. Culajara CPA, JD The following transactions entered into by any person are subject to VAT: Any sale, barter, or exchange of goods and properties (including real properties), or similar transactions, in the course of trade or business; Any sale of services, or similar transactions, in the course of trade or business; Any lease of goods and properties, or similar transactions, in the course of trade or business; Any importation of goods, whether in the course of trade or business or not. Note: VAT is imposed on the seller, not the buyer. o Exception: in importation. B. Definition of terms Persons – refers to any individual, trust, estate, partnership, corporation, joint venture, cooperative, or association; Taxable person – refers to any person liable for the payment of VAT, whether registered or not in accordance with the National Internal Revenue Code (NIRC); “In the course of trade or business” – the regular conduct or pursuit of a commercial or economic activity including transactions incidental thereto, by any person regardless of whether or not the person engaged therein is a non-stock, non-profit private corporation (irrespective of the disposition of its net income and whether or not it sells exclusively to members or their guests), or government entity. o Note: If the taxpayer is a non-resident foreign person, there is no need for regularity of conduct. Services rendered by them in the Philippines are considered as being in the course of trade or business, and thus, subject to the VAT. C. Persons covered by VAT VAT-registered persons or entities, regardless of annual gross receipts; Non-VAT registered persons whose annual gross receipts for the past 12 months exceed P3,000,000. Application of the P3,000,000 threshold The aggregation rule for each taxpayer shall apply only if a professional, aside from the practice of his profession, also derives income from other lines of business which are subject to VAT, the same shall be combined for purposes of determining whether the threshold has been exceeded. Husband and wife shall be considered as separate taxpayers. Generally, government and its political subdivisions are not subject to VAT because of the legal impossibility of taxing one’s self. However, if a government entity sells goods or services in the course of business, they are subject to VAT. Government-owned and controlled corporations are generally subject to VAT. 2