Introduction to Consumption Taxes Chapter 1 CONSUMPTION TAX • Tax on the purchase, utilization or consumption of goods or services by consumers or buyers Rationale of Consumption Tax • It promotes savings formation • It supports the “Benefit Received” Theory • It helps in wealth redistribution to society Caveat to consumption tax • Consumption tax should not be levied upon basic necessities such as: 1) Food (in original state) 2) Education 3) Health 4) Shelter/housing (within limit) Income Tax & Consumption Tax Comparison Income Tax Consumption Tax Nature Tax upon receipt of income Tax upon the usage of income or capital Scope/coverage Tax to the capable A tax to all Theoretical basis Ability to pay Theory Benefit received theory Types of consumption • Domestic consumption • Foreign consumption ➢Domestic consumption is subject to consumption tax in accordance with “destination principle” ➢Foreign consumption is NOT taxed on the basis of “cross-border doctrine” Types of taxable domestic consumption • Purchase by residents from resident sellers termed as “sale” • Purchase by residents from sellers abroad known as “Importation” Consumption Tax on Domestic Purchase from Resident Sellers • Business taxes (VAT, Percentage, Excise) • Tax is collected from the seller, although the buyer is actually the one being taxed. • Seller = statutory taxpayer • Buyer = economic taxpayer • Thus, business tax is an indirect tax • Business tax is made to appear as a privilege tax of doing business making the term “business tax” a misnomer • Applies only when the seller is regularly engaged in trade or business Consumption Tax on Importation • 12% VAT on total landed cost of goods; 12% withholding VAT on contract price of the service • Tax is payable whether both the foreign seller and the resident buyer are engaged in business or not and whether the importation is for business or personal consumption • Levied directly upon the buyer-importer Business Tax vs. VAT on Importation VAT on Importation Business Tax Scope of Tax Imports from business or non-business Purchases from those habitually engaged in business Type of consumption tax Pure form Relative form Statutory taxpayer Buyer Seller Economic taxpayer Buyer Buyer Nature of imposition Direct Indirect Basis of tax Total landed cost Sales or receipts Basis of Business Taxes • Sales for goods or properties • Receipts for services Types of Consumption Taxes • Percentage tax – 0.60% to 30% • Value Added Tax – 12% • Excise tax – ad valorem or specific tax imposed only on certain goods or service Types of Domestic Consumption as to Taxability • Exempt consumption • Consumptions specifically subject to percentage tax • Vatable consumption Types of Consumption per type of Domestic Consumption Importation Domestic sales/receipts Exempt consumption Exempt importation Exempt sales/receipts Services subject to percentage tax Services specifically subject Services specifically subject to percentage tax to percentage tax Vatable consumption Vatable importation Vatable sales or receipts Basis of exemption from consumption tax Basis of exemption VAT on importation Business tax Human necessity The goods imported is a human necessity. The goods, services or property sold is a human necessity. Out of scope of the tax The importation does not constitute a domestic consumption. The seller is not engaged in business. Tax incentive The importation is exempted as a tax incentive to certain importers. The sale is exempted as a tax incentive to certain sellers. International comity The importation is exempted by treaty. The sale is exempted by treaty. Types of Business Taxpayers • VAT Taxpayers • Non-VAT Taxpayers Value Added Tax on Sales • Consumption tax imposed on the sales of goods, properties, services or lease of properties Characteristics of VAT on sales • • • • • Tax on the value added Top-up on sales Tax credit method An explicit consumption tax Quarterly tax Methods of computing VAT • Direct method (all figures exclude VAT) Ex. Sales 250,000 Cost 200,000 GP 50,000 X Vat 12% = 6,000 Vat payable • Tax credit method (all figures exclude VAT) Output VAT (250,000 x 12%) Input VAT (200,000 x 12%) VAT Payable 30,000 24,000 6,000 Special Features of the tax credit method • Invoice-based crediting • Non-observance of the matching of costs or expenses and sales VAT Accounting Entries • Upon Purchase: • Inventories/Purchases Input VAT A/P / Cash xx xx xx • Upon Sale: • Cash / A/R Sales Output VAT xx xx xx • Setting up of VAT payable: • Output VAT xx Input VAT VAT due & payable xx xx • Filing and payment of tax: • VAT Payable Cash xx xx Sample Joyful Corporation purchased goods costing P400,000, exclusive of VAT during the month of October 2016 and sold the same right away after purchase for P500,000, exclusive of VAT. Requirement: Assuming these are the only transactions of Joyful for the month, prepare the accounting entries from purchase of goods to the remittance of VAT payable. Solution 1. Purchase of goods: Inventories/Purchases Input VAT A/P / Cash 2. Sale of all goods purchased: Cash/ A/R Sales Output VAT 3. Setting up of VAT payable at end of October: Output VAT Input VAT VAT Due & Payable 4. Filing and payment of tax: VAT Due & Payable Cash 400,000 48,000 448,000 560,000 500,000 60,000 60,000 48,000 12,000 12,000 12,000 VAT Taxpayers • VAT-registered taxpayers – with sales/receipts exceeding P3,000,000 in any 12-month period and complied with the required VAT registration • VAT-registrable taxpayers – with sales exceeding P3,000,000 in any 12-month period but did not register as a VAT taxpayer. Percentage tax • Business tax of various rates, generally 3% of gross sales/receipts of non-VAT taxpayers (reduced to 1% from July 1, 2020 to June 30, 2023 under the CREATE Law) Characteristics of Percentage Tax • Tax on sales or gross receipts • An expensed tax (Debit “Percentage tax expense” upon payment to BIR) • An implicit consumption tax • Quarterly tax Who pays percentage tax? • Non-VAT taxpayers • Taxpayers who sell services specifically subject to percentage tax Important points to ponder on VAT & percentage tax • Concept of sales between VAT taxpayers and percentage taxpayers: Invoice price= sales or gross receipts plus the 12% VAT for VAT taxpayers; Invoice price = sales or gross receipts for percentage taxpayers • VAT and percentage tax are mutually exclusive, except: 1. when taxpayer is engaged mixed activities, some of which are VATABLE and some are specifically designated by law as subject to percentage tax 2. If taxpayer issued VAT invoice for VAT exempt sales Excise Tax - Imposed in addition to VAT or percentage tax on certain goods manufactured, produced or imported in the Philippines for domestic sale or consumption such as: a. sin products such as tobacco and alcohol b. non-essential commodities (e.g., automobiles, jewelry) c. non-essential service (cosmetic surgery) d. products which are environmentally degrading in their production or consumption (e.g., petroleum, minerals) - Normally imposed before the goods are sold by domestic producers or upon their importation by importers. Classification of Excise Tax • Specific – an excise tax based on weight, volume, capacity or any other physical unit of measurement Ex. Excise tax of tobacco twisted by hand is P2.20 per kilogram • Ad-valorem – an excise tax based on selling price or other specified value of the goods Ex. 50% ad-valorem tax on automobiles valued over P4,000,000 Purposes of Excise tax • To curtail consumption of certain commodities which are considered harmful • To protect domestic industries • To distribute the tax burden in proportion to benefit derived from a particular government service. • To raise revenue Filing of Return and Payment of Excise Tax • Return shall be filed and the excise tax paid by the manufacturer or producer before removal of domestic products from the place of production; or shall be filed and paid by the importer before removal of the importation from the custom warehouse. Example • Mighty Corporation, a business subject to VAT, manufactures machine-packed cigarette which sells for P20 per pack, excluding VAT. During the month, it produced 11,000 packs out of which it sold 10,000 packs. It also paid P16,000 input VAT on various purchases. Under the NIRC, the sale of cigarettes at a price above P10.00 per pack shall be subject to an excise tax of P12.00 per pack. • How much excise tax should be paid by Mighty? • How much is Mighty’s VAT payable? Solution 1. Excise tax due at the point of production: (11,000 packs x P12 excise tax per pack) = P132,000 2. Value added tax on sale: Output VAT (10,000 packs x P20 x 12%)- P24,000 Less: Input VAT 16,000 VAT due & payable P 8,000 ====== Final Points • Percentage tax, VAT and excise tax apply only to domestic consumption • Export sale by non-VAT taxpayers is EXEMPT from percentage tax • Export sale by VAT taxpayers is subject to 0% VAT • When excisable articles are exported without returning to the Philippines whether exported in their original state or as ingredients or parts of any manufactured goods, any excise tax paid thereon shall be credited or refunded upon submission of the PROOF OF ACTUAL EXPORTATION. End