Sources of Input Tax:
Only purchases from
Vat suppliers will give rise to input taxes.
Input taxes may come from the following:
·
Domestic
Purchases
·
Importation
·
Presumptive
input tax
·
Transitional
input tax
·
Standard
input tax
1. Examples of Input Taxes on DOMESTIC or importations include.
Ø Goods for sale
Ø Goods for conversion
into finish product (including packaging materials).
Ø Goods for use as
supplies
Ø Goods for use as
materials supplied in the sale of services
Ø Goods for use in
trade or business for which depreciation or amortization is allowed.
Ø Real properties for
which Vat has actually been paid
Ø Services for which
Vat has actually been paid
Ø Transactions deemed
sale
Acquisition
of CAPITAL GOODS (Depreciable Goods) by a Vat registered person (RR 16-2005)
·
Capital goods or
properties
Ø
Refers
to goods or properties with estimated useful life of greater than 1 year and
which are treated as depreciable assets under the Tax Code, used directly or indirectly in
the production or sale of taxable goods or services.
Ø
Depreciated
or amortized for income tax purposes.
Ø
Acquired
through local purchase or acquisition.
·
Construction in
Progress
Ø
It
is the cost of construction work which is not yet completed.
Ø
Not
depreciated until the asset is placed in service.
Ø
Upon
completion, construction in progress is reclassified and the reclassified asset
is capitalized and depreciated.
RECOGNITION OF INPUT TAX
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AGGREGATE
Acquisition cost exceeds P1,000,000 exclusive of vat
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Life
≥5 years
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Input tax shall be
spread evenly for a period of 60
months to commence in the calendar month when capital good is acquired.
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Life
< 5 years
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Input
Tax
shall be spread over such useful life
to commence in the calendar month when capital good is acquired.
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Life
< 12 months
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It is not a capital good subject to
depreciation), the spreading of input tax over several months is not
done. The whole acquisition is cost is
to be claimed in the month of acquisition.
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Construction
in progress
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It
is a purchase of services. Input taxes will be recognized
in the month payment was made on the progress billing. In the case where labor will be furnished
by the contractor and materials will be purchased by the contractee from
other suppliers, input taxes will be recognized on labor when payment is made
on the progress billings while input taxes will be recognize on materials at
the time the materials are purchased.
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NOTE: If the CAPITAL GOOD IS SOLD within the five
(5) year period or prior to exhaustion of Input Vat thereon, the ENTIRE
UNAMORTIZED INPUT TAX on the capital goods sold can be claimed as input tax
credit during the month or quarter
when the sale is made.
AGGREGATE
Acquisition cost DOES NOT exceed P1,000,000 exclusive of vat
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Ø The Total amount
of Input Taxes will be allowable as credit against output tax in the month of
acquisition
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2. IMPORTATION (for business use or
sale locally)
i.
IN GENERAL:
Ø Based on the total
value used by the Bureau of Customs in determining the tariff and customs
duties (dutiable value) plus customs duties, excise taxes, if any, and other legitimate charges, prior to
removal of goods from the customs custody.
Total value for
tariff and customs duties
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xxx
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Add:
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Customs duties
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xxx
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Excise Tax
|
xxx
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Other charges prior to release**
|
xxx
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xxx
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Tax
base
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xxx
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Tax
rate
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12%
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VAT on importation
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xxx
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ii.
Where the customs
duties are determined on the basis of QUANTITY or VOLUME of Goods:
Ø Based on landed cost
which includes invoice cost, freight, insurance, customs duties, excise taxes,
if any, and other legitimate charges,
prior to removal of goods from the customs custody.
Total landed costs
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xxx
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Add:
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Customs duties
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xxx
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Excise Tax
|
xxx
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Other charges prior to release**
|
xxx
|
xxx
|
Tax
base
|
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xxx
|
Tax
rate
|
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12%
|
VAT on importation
|
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xxx
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Ø The phrase “other
charges prior to release of goods from custom’s custody” refers to legitimate
expenses only”.
Ø The excise tax shall
form part of the tax base.
**EXAMPLE
OF OTHER CHARGES/FEES PRIOR TO RELEASE
a.
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Insurance
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g.
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Wharfage
dues
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b.
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Freight
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h.
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Arrastre
charges
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c.
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Postage
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i.
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Brokerage
fees
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d.
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Commission
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j.
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Stamps
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e.
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Interest
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k.
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Processing
fees
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f.
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Bank
charge
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iii.
Transfer of goods by
TAX EXEMPT persons
Ø In the case of goods
imported into the Philippines by VAT-exempt persons, entities or agencies which
are subsequently sold, transferred or exchanged in the Philippines to
non-exempt persons or entities, the latter shall be considered the importers
thereof and shall be liable for the VAT due on such importation.
3. PRESUMPTIVE 4% (On
Sale of Goods or Properties)
Applicable
to persons or firms engaged in:
Processing of:
|
Manufacturing of:
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·
Sardines
|
Ø REFINED sugar
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·
Mackerel
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Ø Cooking oil
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·
milk
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Ø Packed noodle
based instant meals
|
Ø Basis: Gross value in money of purchases of primary agricultural products used as inputs in
processing or manufacturing
Ø Rate: 4%
4. TRANSITIONAL INPUT
TAX
Newly VAT-registered person shall be allowed input tax on his
beginning inventory of goods, materials and supplies equivalent to 2% (two
percent) of the value of such inventory (as of October 31, 2005) or the actual
VAT paid on such goods, materials and supplies, whichever is higher, which
shall be creditable against the output tax.
Ø Persons who can
avail
a)
Person
who become liable to vat
b)
Persons
who elect to be vat registered
Ø Basis:
·
Beginning
inventory of VAT subject GOODS, MATERIALS, and SUPPLIES excluding those that
are vat exempt..
Ø Transitional Input
tax Allowed – the HIGHER between
·
2%
of the vat subject beginning inventory value for income tax purposes; and
·
Actual
vat paid on such beginning inventory.
Applicable ONLY on Vat PAID inventory.
How can the transitional input tax credit be applied?
Newly VAT-registered person shall be allowed input tax on his
beginning inventory of goods, materials and supplies equivalent to 2% (two
percent) of the value of such inventory (as of October 31, 2005) or the actual
VAT paid on such goods, materials and supplies, whichever is higher, which
shall be creditable against the output tax.
5. STANDARD
INPUT TAX (5% Final VAT on GOCCs)
Not to
be credited against output taxes arising from sales to Non-Government entities
The government or any of its
political subdivisions, instrumentalities or agencies, including
government-owned or controlled corporations (GOCCs) shall, before making
payment on account of each purchase of goods and/or services taxed at twelve
percent (12%) VAT pursuant to Sections 106 and 108 of the Tax Code, deduct and
withhold a Final VAT due at the rate of five percent (5%) of the gross payment.
The five percent (5%) final VAT
withholding rate shall represent the net VAT payable of the seller. The
remaining seven percent (7%) effectively accounts for the standard input VAT
for sales of goods or services to government or any of its political subdivisions,
instrumentalities or agencies including GOCCs in lieu of the actual input VAT
directly attributable or ratably apportioned to such sales. Should actual
input VAT attributable to sales to government exceeds seven percent (7%) of
gross payments, the excess may form part of the sellers' expense or cost.
On the other hand, if actual input VAT attributable to sale to government is
less than seven percent (7%) of gross payment, the difference must be closed to
expense or cost.
The government or any of its
political subdivisions, instrumentalities or agencies including GOCCs, as well
as private corporation, individuals, estates and trusts, whether large or
non-large taxpayers, shall withhold twelve percent (12%) VAT with respect to
the following payments:
1.
Lease or use of properties or
property rights owned by non-residents; and
2.
Other services rendered in the
Philippines by non-residents.
REFUND OF INPUT TAX
(Vat registered Person)
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v Zero-rated Sales
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ü The input tax that
may be subject of the claim shall exclude the portion of the input tax that
has been applied against the output tax.
ü The application should be made within two (2) years
after the close of the taxable quarter when the sales were made.
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v Unused Input Tax
of Person who Retired or Ceased Business
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ü The taxpayer
should apply for the issuance of tax credit certificate for any unused input
tax which he may use in payment of his
other internal revenue taxes. He
shall be entitled to a refund if
he has no internal revenue tax liabilities.
ü The application should be made within two (2) years
from the date of cancellation.
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v Period of Refund
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ü Shall be granted within 120 days from the date of
submission of complete documents.
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v Manner of Giving
Refund
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ü Refunds shall be
made upon warrants drawn by the Commissioner of Internal Revenue or by his
authorized representative without the
necessity of being countersigned by the COA Chairman
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