BUSINESS AND TRANSFER TAXATION INTRODUCTION TO CONSUMPTION TAX 1. Which type of consumption will pay consumption tax? a. Domestic Consumption b. Foreign Consumption c. Both domestic and foreign consumption d. Neither domestic and foreign consumption 2. Which is subject to the VAT on importation? a. Foreign consumption from resident sellers b. Foreign consumption from foreign sellers c. Domestic consumption from resident sellers d. Domestic consumption from foreign sellers 3. Which is an incorrect statement regarding consumption taxes? a. They are always indirect in nature b. They effectively tax everyone in the state c. They apply only when the goods or services are destined for consumption within the Philippines d. Consumption taxes may encourage savings formation 4. Domestic consumption is taxable when the seller is a. A non-resident b. A resident c. Either a resident or non-resident d. Both a resident and a non-resident 5. The tax on domestic consumption is referred to as a. VAT on importation c. Either a or b b. Business Tax d. Neither a nor b 6. The tax on domestic consumption from foreign suppliers is a. Vat on importation c. Either a or b b. Vat on sales d. Neither a nor b 7. The percentage tax is generally a. 3% of sales or receipts c. 3% of mark-up b. 3% of purchases d. 12% of mark-up 8. The VAT on importation is a. 12% of sales c. 12% of mark-up b. 12% of purchases d. 3% of mark-up 9. As to incidence of tax, the VAT on importation is a form of a. Direct tax c. Ad valorem tax b. Indirect tax d. Specific tax 10. Who is the statutory taxpayer to the VAT on importation? a. Foreign seller c. Both a and b b. Domestic buyer d. None of these 11. The economic taxpayers of consumption taxes are a. Sellers who are engaged in trade or business b. Sellers, whether or not engaged in trade or business c. Buyers who are engaged in trade or business d. Buyers, whether or not engaged in trade or business 12. What is the method used to determine the VAT due and payable? a. Direct method c. tax credit method b. Indirect method d. withholding method 13. Statement 1: a business which pays VAT normally does not pay percentage tax Statement 2: a business which pays percentage tax also pays VAT. Which statement is correct? a. Statement 1 c. Both statements b. Statement 2 d. Neither statement 14. Statement 1: excise tax is always paid together with VAT or percentage tax Statement 2: excise tax is paid at the point of sale Which statement is false? a. Statement 1 c. Both statements b. Statement 2 d. Neither statements 15. Which is imposed with a tax of zero percent (0%)? a. All export sales b. Export sales of VAT registered taxpayers c. Import sales of VAT registered taxpayers d. Export sales of non-VAT registered taxpayers only NOTES: CONSUMPTION - refers to the acquisition or utilization of goods and services by any person. The utilization of goods and services may be through purchase, exchange or other means. This utilization is subject to a tax called CONSUMPTION TAX. Consumption tax is levied without regard to the purpose of the purchaser or consumer whether it is for business, personal or charity use. Consumption tax should NOT BE LEVIED UPON BASIC NECESSITIES such as food, education, health, and shelter or housing. Rationale of Consumption Tax Savings formation Rationalization of the Benefit Received Theory Wealth redistribution to society Income tax vs Consumption tax INCOME TAX Tax upon receipt of income A tax to the capable Ability to pay theory Nature Scope/coverage Theoretical Basis Types of consumption Domestic Consumption Foreign Consumption Destination Principle CONSUMPTION TAX Tax upon usage of income or capital A tax to all Benefit received theory Purchaser Resident Non-resident Status Taxable Exempt/Effectively non-taxable Business Tax Vs. VAT on Importation Scope of Tax Type of consumption tax Statutory taxpayer Economic Taxpayer Nature of imposition Basis of tax EXEMPT CONSUMPTION Basis of exemption Human necessity Out of scope of tax Tax incentive International Comity VAT on Importation Imports from business or non-business Pure form Buyer Buyer Direct Total purchase cost VAT on importation The goods imported is a human necessity The importation does not constitute a domestic consumption The importation is exempted as a tax incentive to certain importers The importation is exempted by treaty Business Tax Purchases from businesses only Relative form Seller Buyer Indirect Sales or receipts Business Tax The goods, services, or property sold is human necessity. The seller is not engaged in business The sales or receipt is exempted as a tax incentive to certain sellers The sales or receipt is exempted by treaty. Structure of the VAT on Importation Exempt % Tax VAT Import of service Exempt Percentage Tax Final withholding VAT Import of goods Exempt VAT on importation Sale of service Exempt receipt Receipts specifically subject to a % tax Vatable receipts Sale of goods Exempt sales Vatable sales Structure of the Business Tax Exempt % Tax VAT EXCISE TAX Imposed on the consumption of commodities such as: Sin products such as alcohol and cigarettes Non-essential commodities such as automobiles and jewelry Non-essential services such as cosmetic surgery Products which are environmentally degrading in their production or consumption, such as petroleum or minerals.