Taxation Reviewer Sale of Real Property 136. Sale of Real Property by areal estate dealer, the initial payments of which do not exceed twenty five percent (25%) of the gross selling price in the year of sale is considered. a. Sale of real estate by a real estate dealer on a deferred basis. b. Sale of real estate by a real estate dealer on installment basis. c. Both “a” and “b” d. Neither “a” nor “b” 137. In the case of sale of real properties on the installment plan, the real estate dealer that be subject to VAT on the: a. Selling price b. Selling price or fair market value whichever is lower c. Selling price of fair market value whichever is higher d. Installment payments, including interest and penalties, actually or constructively received by the seller. 138. Statement 1. On a sale of real property on installments by a real estate dealer, the seller shall be subject to VAT on the installment payment received, including interest and penalties for late payment. Statement 2. On sale of real property on installments by real estate dealer, where the VAT is computed not on the consideration in the deed of sale but on the higher fair market value, the VAT must be billed separately with a specific mention that it is based on the market value of the property. a. b. c. d. Both statements are correct Both statements are not correct Only the first statement is correct Only the second statement is correct 139. Statement 1. In the case of sale on deferred payment basis not qualifying under the installment plan, the transaction shall be treated as cash sale and the vat is payable on the month of sale. Statement 2. In the case of a sale on deferred payment basis not qualifying under the installment plan, payments subsequent to the initial payments shall no longer be subject to vat. a. Both statements are correct b. Both statements are not correct c. Only the first statement is correct d. Only the second statement is correct 140. Kaktus Realty Inc. developed a condominium in Manila. During the month of January 2013, it had the following data (VAT included, if applicable): Selling Price Cash sale of a 3 bedroom unit Sale of parking lot P5,040,000 560,000 Installment sale of 2 bedroom unit (initial payments Exceed 25% of the selling price) 3,920,000 The 3 bedroom unit sold for cash had a zonal value of P5,000,000 and the 2 bedroom unit had a fair market value per Tax Declaration P3,000,000. How much is the output tax for the month? a. b. c. d. P920,000 P900,000 P1,020,000 P1,080,000 3 Bedroom unit SP= P5,040,000/1.12 = P3,500,000 ZV=P5M Output Vat= P5M x 12% P600,000 2 Bedroom unit SP= P3,920,000 = P3,500,000 ZV= P3,000,000 60,000 OV= P3.5M x 12% 420,000 TOTAL Output Vat P1,080,000 141. West Star Realty Corp. sells a commercial lot in the month of November 2018 under the following terms (including VAT): Total contract price P1,120,000 Down payment, 11-01-2018 112,000 First installment, 12-01-2018 112,000 The output VAT in November 2013 is: a. b. c. d. P12,000 24,000 P30,000 P120,000 ◊Ratio of initial payment over SP = 200/1M = 20% ◊Type of Sale = Installment Sale ◊Output Vat Nov. = P112,000 x 3/28 = P12,000 142.Bahay Kubo Inc. is a real estate dealer. Details of its sales during the year showed the following Date of sale June 2, 2014 Consideration in the deed of sale P5,000,000 Fair market value in the assessment rolls 4,800,000 Zonal Value5, 200,000 Schedule of payments: June 2, 2014 1,000,000 June 2, 2015 2,000,000 June 2, 2016 2,000,000 How much is the output tax to be recognized for the June 2, 2016 payment? a. b. c. d. P0 P24,000 P249,000 P624,000 ◊Ratio of initial payment over SP = 1/5 = 20% ◊Type of Sale = Installment Sale ◊Output Vat Nov. 2016 = 2/5 x 5,200,000 x 12% = P249,600 143.Assuming that the scheduled payment on June 2, 2014 is P2,000,000, how much is the output tax to be recognized for the June 2, 2016 payment? a. O c. P249,600 b.P24,000 d. P624,000 ◊Ratio of initial payment over SP = 2/5 = 40% ◊Type of sale = deferred sale; treated as cash sale ◊The entire output vat will be paid on 2014 ◊Liability 2016 = PO Use the following data for the next two (2) questions:J J i s a r e a l e s t a t e d e a l e r. D u r i n g t h e m o n t h o f O c t o b e r 2 0 1 6 , h e s o l d t h r e e ( 3 ) commercial lots under the following terms: LOT1 Lot 2 P250,000 150,000 100,000 P200,000 130,000 70,000 Down, Oct. 5 25,000 50,000 Due:12/05/2016 25,000 20,000 20,000 Year2017 200,000 130,000 240,000 Zonal Value 350,000 260,000 Selling price Cost Gain/Loss Lot 3 P300,000 175,000 125,000 Terms: 40,000 250,000 144. How much is the Output tax for the month of October? a. P26,500 b. P34,800 c. P31,500 d. P40,200 145. The Output tax for December is a. b. c. d. P5,400 P4,500 P6,600 None Ratio Type of Sales Lot 1 20% Installment Lot 2 25% Deferred Lot 3 20% Sale TOTAL 20% Sale OCT DEC P4,200 4,200 31,200 none 4,800 2,400 40,200 6,600 146. Statement 1: On a sale of real property on installment by a real estate dealer, the seller shall be subject to VAT on the installment payment received, including interests and penalties for late payment. Statement 2: On sale of real property on installments by real estate dealer, where the Vat is computed not on the consideration in the deed of sale but on the higher fair market value, the Vat must be billed separately with a specific mention that is based on the market value of the property a. Both statements are correct b. Both statements are not correct c. Only the first statement is correct d. Only the second statement is correct 147. Statement 1. In the case of sale on deferred payment basis not qualifying under the installment plan, the transaction shall be treated as cash sale and the vat is payable on the month of sale. Statement 2. In the case of a sale on deferred payment basis not qualifying under the installment plan, payments subsequent to the initial payments shall no longer be subject to vat. a. b. c. d. Both statements are correct Both statements are not correct Only the first statement is correct Only the second statement is correct Sale by a Dealer in Securities 148. A dealer in securities has the following data for the quarter: Sales, shares held as inventory P5,000,000 Sales, shares held as investment 1,500,000 Cost, shares held as inventory 2,000,000 Cost, shares held as investment 500,000 Supplies expense, net of VAT 100,000 Rent expense, net of VAT 200,000 How much is the VAT payable? A. 470,000 B. 324,000 C. 270,000 D. Not subject to VAT Solution: Sales, shares held as inventory Cost of shares, held as inventory Gross income Vat rate Output vat Less: Input Vat Supplies expense Rent expense Vat payable P5,000,000 (2,000,000) 3,000,000 12% P360,000 12,000 24,000 (36,000) P324,000 VAT/ Discount on sale to Senior Citizen and PWDs 149. Lola Lita, a senior citizen, bought a medicine with a selling price of P9,520 inclusive of VAT. How much is the net amount to be paid by Lola? a. P8,500 c. P6,916 b. P7,616 d. P6,800 Purchase price= P9,520/1.12 P8,500 Discount (P8,500 x 20%) (1,700) Amount to be pai by the SC P6,800 JOURNAL ENTRY OF THE SELLER Cash P6,800 SC Discard Expense Sales 1,700 P8,500 ◊ Record the sales at undiscounted amount ◊ The 20% discount shall be recognized as part of operating expenses. ◊ Any input vat attributable to the sale to SC and PWDs shall be classified as operating expenses. 150. Lolo Sot, a senior citizen went to Jollibee to treat his 4 grandchildren on account of his retirement. They consumed food and beverages with gross amount of P1,120 inclusive of VAT. How much is amount to be paid by lolo Sot? a. P896 b. P920 c. P1,056 d. P1,100 ◊ Allocated the GC = P1,120 x 4/5 = P896 ◊ Allocated to the SC = P1,120 x 1/5 /1.12 x 60% = P160 ◊ Amount to be Paid = P896 + 160 = P1,056 151. Gabriana Clinic, a VAT-registered entity, performed a prosthetic surgery on the legs of Loyd, a person with disability. The total cost of medical operation inclusive of vat was P560,000 . Being a disabled person, Loyd received 20% discount from Gabriana. How much is the total amount to be paid by Loyd? a. P400,000 b. P920 c. P1,056 d. P560 ◊ Amount to be Paid = P500,000 x 80% = P400,0000 152. Masbate Farm Inc. paid royalties to Karma Italia Inc., a manufacturer of foam based in Italy for allowing the former to use the latter’s newly developed technology in manufacturing foam. Which of the following statements is true as to the tax consequence of the said payment? a. b. c. d. Masbate Foam Inc. will pay the the BIR 5% final withholding VAT Kama Italia Inc. will pay the BIR 5% final withholding VAT Masbate Foam Inc. will pay the BIR 12% creditable withholding VAT Kama Italia Inc. will pay the BIR 12% creditable withholding VAT 153. The Commissioner or his authorized representative is empowered to suspend the business operations and temporarily close the business establishment of any person for: a. Failure to issue receipts or invoices of a VAT-registered entity. b. Failure to file a VAT-return for VAT-registered person as required by the tax code. c. c. Understatement of taxable sales or receipts by thirty percent (30%) or more of his correct taxable sales or receipts for the taxable quarter d. All of above 154. 1st Statement – Failure of any person to register as a VAT-entity shall result to his being temporarily closed for the duration of not less than five (5) days and shall be lifted only upon compliance with whatever requirements prescrived by the Commissioner in the closure order. 2nd Statement – A taxpayer may apply for VAT registration not later than ten (10) days before the beginning of the calendar quarter and shall [ay the registration fee unless they have already paid at the beginning of the year. a. Both statements are correct b. Both statements are incorrect c. Only the first statement is correct d. Only the second statement is correct 155. The term “gross receipts” for hotel and restaurant business operators shall include I.Service charges billed separately and actually distributed to waiters and employees. II.Actual cost of long distance and overseas telephone calls, tax, cable, telex, and charges of the telecommunication companies collected by the establishment for the customers/clients for the concerned telecommunication companies, such as PLDT, which are earmarked for payment to the latter. III.Vat passed on to customers IV.Local taxes V.Rooms, laundry, valet services and food/beverages consumption VI.Handling charges for providing telephone, cables or tax services VII.Cake shop sales, lease to concessionaires and compensation for other service a. V and VII only b. II, III and VII only c. V, VI and VII only d. All of the above 156. Which statement is correct? a. The sales invoice that shows a total, with an indication that it includes the value added tax, even if it does not show the tax separately, is a correctly prepared invoice. b. The invoice which shows the selling price and the value added tax separately, and with a total which is a correct amount is a properly prepared invoice. c. An invoice which shows the selling price and the value added tax separately, but where the value added tax is wrong, which is paid by the buyer, is a violation of the revenue regulations or issuance of sales invoices. d. A sales invoice by a VAT taxpayer can be used only on a VAT sale. 157. First Statement The transitional input tax shall be 2% of the value of the beginning inventory on hand, or actual VAT paid on such goods, materials and supplies whichever is higher, which amount shall be creditable against the output tax of VAT registered persons. Second statement. The value allowed for income tax purposes on inventories shall be the basis for the computation of the 2% transitional input tax, including goods that are exempt for VAT under Sec 109 of the Tax Code. a. b. c. d. 158. Both statements are correct Both statements are incorrect Only the first statement is correct Only the second statement is correct First statement. Unused input tax of persons whose registration had been cancelled may be converted into tax credit certificate which may be used in payment of other NIRC taxes. Second statement. Refund or tax credit certificate shall be granted within 25 days from the date of submission of complete documents. a. b. c. d. Both statements are correct Both statements are incorrect Only the first statement is correct Only the second statement is correct 159. If a person who is not VAT-registered issues an invoice or receipt showing his TIN- followed by the word “VAT”, the erroneous issuance shall result to the following, except which one? a. The non-VAT person shall be liable to the percentage taxes applicable to his transactions b. The non-VAT person shall be liable to the VAT due on the transactions. c. The non-VAT person shall have the benefit of input tax credit. d. The non-VAT person shall be liable to a 50% surcharge under Sec. 248 (B) of the Tax Code 160. Which of the following statement is not correct? a. Under Vat, the consumption tax is borne by the consumer. b. Under Vat, the seller is merely serving as tax collector. c. Under Vat, the buyer is claiming the input Vat. d. Under Vat, the final consumer is claiming the input vat as refund. 161. What institution is required to deduct and withhold a final VAT of 5% on the purchase of goods or services subject to VAT? a. National government or any political subdivision thereof b. Government-owned or controlled corporations c. Both (a) and (b) d. Neither (a) nor (b) 162. The withholding agent of creditable value added tax is required to remit the amount of value added tax withheld within a. 25 days following the end of month the withholding was made b. 20 days following the end of month the withholding was made c. 15 days following the end of month the withholding was made d. 10 days following the end of month the withholding was made 163. A VAT-registered supplier sold goods amounting to P500,000 to a governmentcontrolled corporation during a particular quarter. Which of the following statements is incorrect in relation to the sale in relation to the sale of goods? a. The sale is subject to final withholding VAT. b. The government-controlled corporation will withhold P25,000 withholding VAT. c. The government-controlled corporation shall remit the withholding of VAT to the BIR within 10 days following the end of the month the withholding was made. d. The VAT-registered supplier may refuse the withholding of VAT as long as it is willing to pay the full 12% VAT 163. A VAT-registered supplier sold goods amounting to P500,000 to a governmentcontrolled corporation during a particular quarter. Which of the following statements is incorrect in relation to the sale in relation to the sale of goods? a. The sale is subject to final withholding VAT. b. The government-controlled corporation will withhold P25,000 withholding VAT. c. The government-controlled corporation shall remit the withholding of VAT to the BIR within 10 days following the end of the month the withholding was made. d. The VAT-registered supplier may refuse the withholding of VAT as long as it is willing to pay the full 12% VAT.