New Rule: Lease of Residential Units Exempt From VAT & Exempt From The 3% Percentage Tax

Revenue Regulations (RR) No. 13-2018 are Regulations Implementing the Value-Added  Tax Provisions under the Republic Act (RA) No. 10963, or the “Tax Reform for Acceleration and Inclusion (TRAIN),” Further Amending Revenue Regulations (RR) No. 16-2005 (Consolidated Value-Added Tax Regulations of 2005), as Amended.

Taxpayers and other concerns need to know the updates with regards to tax rule in Lease of Residential Units. In these regulations, Lease of Residential Units is considered as VAT Exempt Transactions stated in Sec. 4. 109-1, B (q) as follows:

(q) Lease of residential units with a monthly rental per unit not exceeding Fifteen Thousand Pesos (P15,000.00). 

The foregoing notwithstanding, lease of residential units where the monthly rental per unit exceeds Fifteen Thousand Pesos (P15,000.00), but the aggregate of such rentals of the lessor during the year do not exceed Three Million Pesos (P3,000,000.00) shall likewise be exempt from VAT; however, the same shall be subject to three percent (3%) percentage tax under Section 116 of the Tax Code. 

In cases where a lessor has several residential units for lease, some are leased out for a monthly rental per unit of not exceeding P15,000.00 while others are leased out for more than P15,000.00 per unit, his tax liability will be as follows:

1. The gross receipts from rentals not exceeding P15,000.00 per month per unit shall be exempt from VAT regardless of the aggregate annual gross receipts. It is also exempt from the 3% percentage tax. 

2. The gross receipts from rentals exceeding P15,000.00 per month per unit shall be subject to VAT if the aggregate annual gross receipts from said units only exceeds P3,000,000.00. Otherwise, the gross receipts will be subject to the 3% tax imposed under Section 116 of the Tax Code.

In case of mixed transactions, the above-mentioned rule should be observed. 

The term ‘residential units’ shall refer to apartments and houses & lots used for residential purposes, and buildings or parts or units thereof used solely as dwelling places (e.g., dormitories, rooms and bed spaces) except motels, motel rooms, hotels and hotel rooms, lodging houses, inns and pension houses. 

The term ‘unit’ shall mean an apartment unit in the case of apartments, house in the case of residential houses; per person in the case of dormitories, boarding houses and bed spaces; and per room in case of rooms for rent.

Please refer https://www.bir.gov.ph/images/bir_files/internal_communications_1/Full%20Text%20RR%202018/RR%20No.%2013-2018%20Corrected%20Copy.pdf of the full text of RR No. 13-2018 and illustrations.