VAT: CONCEPT AND NATURE OF VAT I N P U T TA X C A R RY OV E R VAT A N D D I S C O U N T F O R S E N I O R CITIZEN AND PWD Presentation by: NIKKI JOY M. FRANCISQUETE Evaluate VAT including the application of rules on excess input tax carryover. OBJECTIVES : Understand the concept and nature of VAT and discounts for senior citizens and persons with disability (PWD). Formula: Output Tax Less: Allowable Input Tax Net VAT Payable Less: Tax credits/Payments VAT Payable (Excess) Tax credits/Payments: 1. VAT paid in previous month 2. VAT paid in return previously filed, in the case of amended return 3. Advance payment made to the BIR 4. Final withholding VAT on sales to the government 5. Advance VAT on certain goods VAT PAYABLE TAX CREDIT/PAYMENTS Advance VAT on certain goods The owner’s or sellers of the following goods are required to pay advanced VAT before their withdrawal at the point of production: Refined Sugar – Total production of 50 kg-bag of refined sugar x 1,400 Flour Importation of wheat by a flour miller (Invoice price + estimated customs duties and other charger prior to the release of wheat from customs, except advance VAT) x 105% x 75% Purchase of wheat by flour millers from traders (Invoice value + estimated freight) x 105% x 75% TAX CREDIT/PAYMENTS Advance VAT on certain goods Naturally grown and planted timber products Luzon Visayas Mindanao Philipine mahogany group, Manggasinoro group, Manggachapul group, Narig group, Palosapis group, Guijo group 1,400/m³ 1,400/m³ 1,425/m³ Yakal group 1,500/m³ Apitong group 1,260/m³ 1,260/m³ 1,260/m³ Softwood species except Igem 715/m³ 715/m³ 715/m³ Igem 1,275/m³ 1,275/m³ 1,275/m³ Nato 1000/m³ 1000/m³ 1000/m³ 1,530/m³ TAX CREDIT/PAYMENTS Advance VAT on certain goods Naturally grown and planted timber products Luzon Visayas Mindanao Furniture/Construction hardwood 950/m³ 950/m³ 950/m³ Premium species, allowed cut 3,000/m³ 3,000/m³ 3,000/m³ Lesser-used 700/m³ 700/m³ 700/m³ Pulpwood, chip wood and mathwood species 95/m³ 95/m³ 95/m³ TAX CREDIT/PAYMENTS Exempt from Advance VAT Payment Withdrawal of raw cane sugar Withdrawal of sugar by duly accredited and registered agricultural cooperative of good standing Withdrawal of sugar by duly accredited cooperative which is sold to another agricultural cooperative VAT PAYABLE ABC Company had the following data during the quarter: Private entities Export/Import Government Exempt goods Sales, net of VAT 1,350,000 300,000 250,000 100,000 Input VAT 60,000 36,000 24,000 2,000 ABC Company had 12,000 input VAT-carry-over from the preceeding quarter. It paid a total of 28,000 VAT in the first two months of the quarter/ It also made voluntary advance payments of 20,000 to the BIR in anticipation of its quarterly VAT payable VAT PAYABLE ABC Company had the following data during the quarter: Output tax: Sales to private entity Export sales Sales to government Less: Allowable input tax Input VAT carry-over Private entities Import Standard input VAT Net VAT payable Less: Tax credit/payments VAT paid in previous months Advance payments to BIR Final Withholding VAT Vat payable 162,000 0 30,000 12,000 60,000 36,000 17,500 28,000 20,000 12,500 192,000 125,500 66,500 66,500 6,000 Schedule of payment of VAT payable: • 1st month of the quarter – within 20 days from the end of the month • 2nd month of the quarter – within 20 days from the end of the month • 3rd month of the quarter – within 25 days from the end of the quarter • Withholding VAT Return – within 10 days after the end of the month Overpayment • Negative net amount in the VAT return may be treated as “Input VAT Carry-over” to the succeeding period • Taxpayer does not need to pay VAT but only required to file the VAT Return INPUT TAX CARRYOVER INPUT TAX CARRY-OVER Treatment of excess input tax: Type of Input Tax Treatment Related to sales subject to 12% VAT Carry-over Subject to 0% VAT Carry-Over Refund Convert into tax credit certificate Capital goods Refund Convert into tax credit certificate In case of cancellation of VAT registration Convert into tax credit certificate Refund, in case it has no other tax liability INPUT TAX CARRY-OVER • Carry-over means excess input tax can still be used against the output tax only after the succeeding taxable month until there is no more excess input tax or the computation will result to VAT payable • Refund means cash refund by the BIR to the taxpayer. Once, chosen, there will be no more option to carry-over or convert to tax credit certificate • Tax credit certificate can be used not just against output tax but also to other internal revenue taxes. INPUT TAX CARRY-OVER Prescription for claim for refund or tax credit • Two years from the close of the taxable quarter when the zero-rated sales were made, not from the date of payment INPUT TAX CARRY-OVER Sample Problem: The following data relates to the regular sales of the VAT taxpayers: Prior quarter Current quarter: 1st month of current quarter 2nd month of the current quarter 3rd month of the current quarter Output VAT 350,000 120,000 150,000 220,000 Input VAT 390,000 100,000 145,000 70,000 INPUT TAX CARRY-OVER Solution: Excess from the prior quarter (350,000-390,000) 40,000 1st month of the quarter 2nd month of the quarter 3rd month of the quarter Output VAT 120,000 150,000 490,000 Less: Allowable input tax 100,000 145,000 315,000 Net VAT payable 20,000 5,000 175,000 Less:Tax credits/payments (40,000) (20,000) (40,000) VAT Payable/(excess) (15,000) 135,000 (20,000) Formula in computing tax due: In case that: • The bill is for a group of individuals involving nonsenior citizens and a senior citizen • In case of set meal(s) not limited to a single serving and is shared with Non-Senior Citizens. • For group of diners composed of Senior Citizens who ordered for group meals or food items for sharing in restaurants and not all the Senior Citizen’s ID cards (including purchase of whole cake and pizza). Total bill inclusive of VAT Less:VAT Total bill exclusive of VAT Less: 20% discount Total amount due xxx xxx xxx xxx xxx Total bill inclusive of VAT xxx Divided by [No. of customer] xxx Bill per customer xxx Multiply by [No. of SC] xxx Bill for senior citizen xxx Less:VAT xxx Total bill exclusive of VAT xxx Less: 20% discount xxx Total amount due xxx VATEXEMPT AND DISCOUNT FOR SENIOR CITIZEN AND PWD VAT-EXEMPT SALES AND DISCOUNT TO SENIOR CITIZEN (SEC. 4, RR 7-2010) The following items sold to a senior citizen are vat-exempt and will entitle the latter to a minimum discount of 20%: • Medicine and drug purchases including influenza and pneumococcal vaccines and such other essential medical supplies, accessories and equipment. • Professional fees of attending physicians in all private hospitals, medical facilities, outpatient clinics and home health care services. • Professional fees of licensed health workers providing home health care services in all private hospitals, medical facilities, outpatient clinics, and home health care services. • Medical and dental service, diagnostic and laboratory fees. • On actual fare for land transportation travel. • In actual fare for domestic air transport and sea shipping vessels and the like. • On the utilization of services in hotels and similar lodging establishments, restaurants, recreation centers. • On admission fees charged by theaters, cinema houses and concert halls, circuses, carnivals and other similar places of culture, leisure and amusement. • On funeral and burial services of senior citizens. VAT-EXEMPT SALES AND DISCOUNT TO SENIOR CITIZEN (SEC. 4, RR 7-2010) Rule for Restaurants: Discount shall be for the sale of food, drinks, dessert, and other consumable items including value meals and promotional meals offered for the consumption of general public • 20% discount and VAT exemption shall apply for the following: • Dine-in, take-out, drive-thru, and delivery orders (excluding bulk orders) • Set meals, Group meals, or group walk-in, including the purchase of whole cake and pizza • “Pasalubong” food items which are single-serving/solo meal for the personal and exclusive consumption of Senior Citizen. • VAT-EXEMPT AND DISCOUNT ON SENIOR CITIZEN Sample Problem: Nanay Caridad, a senior citizen went to JAJAZ PABS Restaurant with her 5 grandchildren. The gross amount of their order is 4,032 inclusive of VAT. How much is the discount and total amount due with respect to the proportion of senior citizen in the gross amount. Total bill inclusive of VAT Divided by [No. of customer] Bill per customer Multiply by [No. of SC] Bill for senior citizen Less:VAT Total bill exclusive of VAT Less: 20% discount Total amount due 4,032 6 672 1 672 72 600 120 480 VAT-EXEMPT AND DISCOUNT ON SENIOR CITIZEN Sample Problem: Nanay Caridad, and Lolo Enting, both senior citizens went to JAJAZ PABS Restaurant with their 5 grandchildren. The gross amount of their order is 4,032 inclusive of VAT. How much is the discount and total amount due with respect to the proportion of senior citizen in the gross amount. Total bill inclusive of VAT 4,032 Divided by [No. of customer] 7 Bill per customer 576 Multiply by [No. of SC] 2 Bill for senior citizens 1,152 Less:VAT 123 Total bill exclusive of VAT 1,029 Less: 20% discount 206 Total amount due 823 Purchase of basic necessities and prime commodities are not exempt from VAT. For SC, they are given 5% discount on these commodities. Granted considering that the said purchase is for personal and exclusive consumption of senior citizen Total purchase amount should not exceed 1,300 per week without carry-over of unused amount A purchase booklet issued by OSCA shall be presented to the retailer upon purchase of basic necessities and prime commodities GRANT OF 5% SPECIAL DISCOUNT (SECTION 5, RR 7-2010 AS AMENDED BY RR 8-2010 AND RMC 38-2012). GRANT OF 5% SPECIAL DISCOUNT (SECTION 5, RR 7 -2010 AS AMENDED BY RR 8-2010 AND RMC 38-2012). Note: • The input tax attributable to the exempt sale shall not be allowed as an input tax credit and must be closed to cost or expense account by the seller • While the law provides for VAT exemption of Senior Citizens, it does not include exemption from the payment of Percentage Tax. • In the purchase of goods and services with promotional discount • Promotional discount or the 20%/5% discount, whichever is higher. • Discount that must be given to the Senior Citizen shall in no case be less than 20%/5%. • The sale of goods and services on promotional discount is still exempt from VAT (except sale of basic necessities and prime commodities). • Meals primarily prepared and intentionally marketed for children and not for Senior Citizen’s personal consumption are not entitled to 20% discount. (Rule IV, Article 7,) • Alcoholic beverages: • Not subject to the 20% discount and VAT exemption if purchased “in bulk”, “in buckets” or “in cases”. • Entitled to the 20% discount and VAT-exemption if consumed as a single serving drink. • Beverages purchased in a bar, club or cabaret are exempt from VAT but subject to amusement tax of 18% A Senior Citizen may still avail of the 20% discount on the purchase of an alcoholic drink but the discount shall be limited only to a single serving of an alcoholic beverage. • Cigarettes/ cigars are not the food or essential items deemed subject to the 20% discount. • Toll fees are not the same as “fares”. Hence, it is not subject to the 20% Senior Citizen Discount. RA 10754 “AN A Person with disability shall be entitled to: 1. Atleast 20% and VAT exemption of the following, for exclusive use, enjoyment, and availment of: a) On the fees and charges relative to the utilization of all services in hotels and similar lodging establishments; restaurants and recreation centers b) On admission fees charged by theaters, cinema houses, concert halls, circuses, carnivals and other similar places of culture, leisure and amusement c) On the purchase of medicines in all drugstores d) On medical and dental services including diagnostic and laboratory fees such as, but not limited to, x-rays, computerized tomography scans and blood tests, and professional fees of attending doctors in all government facilities, subject to the guidelines to be issued by the Department of Health (DOH), in coordination with the Philippine Health Insurance Corporation (PhilHealth) RA 10754 “AN ACT EXPANDING THE BENEFITS AND PRIVILEGES OF PERSONS WITH DISABILTIY (PWD)” RA 10754 “AN ACT EXPANDING THE BENEFITS AND PRIVILEGES OF PERSONS WITH DISABILTIY (PWD)” e) On medical and dental services including diagnostic and laboratory fees, and professional fees of attending doctors in all private hospitals and medical facilities, in accordance with the rules and regulations to be issued by the DOH, in coordination with the PhilHealth; f) On fare for domestic air and sea travel g) On actual fare for land transportation travel such as, but not limited to, public utility buses or jeepneys (PUBs/ PUJs), taxis, Asian utility vehicles, (AUVs), shuttle services and public railways, including Light Rail Transit (LRT), Metro Rail Transit (MRT) and Philippine National Railways (PNR), and h) On funeral and burial services for the death of the PWD: Provided, that the beneficiary or any person who shall shoulder the funeral and burial expenses of the deceased PWD shall claim the discount under this rule for the deceased PWD upon presentation of the death certificate. Such expenses shall cover the purchase of casket or urn, embalming, hospital morgue, transport of the body to intended burial site in the place of origin, but shall exclude obituary publication and the cost of the memorial lot RA 10754 “AN ACT EXPANDING THE BENEFITS AND PRIVILEGES OF PERSONS WITH DISABILTIY (PWD)” 2. 3. 3. 4. Educational assistance to PWD including support for books, learning materials, and uniform allowance to the extent feasible The continuance of the same benefits and privileges given by the Government Service Insurance System (GSIS), Social Security System (SSS), and Pag-ibig, as the case may be, as are enjoyed by those in actual service; Special programs for PWD on purchase of basic commodities, subject to the guidelines to be issued for the purpose by the Department of Trade and Industry (DTI) and the Department of Agriculture (DA); Provision of express lanes for. In the absence thereof, priority shall be given to them. RA 10754 “AN ACT EXPANDING THE BENEFITS AND PRIVILEGES OF PERSONS WITH DISABILTIY (PWD)” “The mentioned privileges are available only to PWD who are Filipino Citizens upon submission of any of the following as proof of his/ her entitlement thereto: 1. An identification card issued by the city or municipal mayor or the barangay captain of the place where the PWD resides; 2. The passport of the PWD concerned 3. transportation discount fare identification card (ID) issued by the National Council for the Welfare of Disabled Persons (NCWDP). Note: The privileges may not be claimed if the PWD claims a higher discount as may be granted by the commercial establishment and/ or under other existing laws or in combination with other discount program/s. RA 10754 “AN ACT EXPANDING THE BENEFITS AND PRIVILEGES OF PERSONS WITH DISABILTIY (PWD)” The establishments may claim the discounts granted as tax deductions based on the net cost of the goods sold or services rendered: Provided, however, that the cost of the discount shall be allowed as deduction from the gross income for the same taxable year that the discount is granted Provided, further, that the total amount of the claimed tax deduction net of value-added tax, if applicable, shall be included in their gross sales receipts for tax purposes and shall be subject to proper documentation and to the provisions of the National Internal Revenue Code (NIRC), as amended. Tax deduction based on the net cost of the goods sold or services rendered The cost of the discount shall be allowed as deduction from the gross income for the same taxable year that the discount is granted Total amount of the claimed tax deduction net of value-added tax, if applicable, shall be included in their gross sales receipts for tax purposes and shall be subject to proper documentation and to the provisions of the National Internal Revenue Code (NIRC), as amended. TREATMENT OF THE DISCOUNT BY THE TAXPAYER THANK YOU