Materials charged for services xxx Gross receipts xxx X Vat rate 12% Output Vat xxx Less: Input Vat xxx Vat payable/(Excess input Taxes) xxx -Section 108 (A) of the NIRC defined and categorized “sales or exchange of services” as the performance of all kinds of services in the Philippines for a fee, remuneration, or consideration including those: • Professional/ Technical Services • Transfer of Technology • Lease or Use of Intangible Property • Lease or Use of Tangible Property As a rule, earnings from a practice of profession (including services rendered by doctors of medicine and lawyers) will be subject to a 12% VAT if: The professional is a VAT-registered person, or Not VAT-registered but his total gross receipts exceed ₱3,000,000 per year. In general, the gross receipts of service contractors are subject to 12% VAT
The transactions entered by a service contractor ,
subject to value added tax with the government is subject to a final withholding value added tax of five percent(5%) of the gross payment. The contract for security services entered by and between the security agency and its client must provide for a breakdown of the amount of security services into two components: Agency fee Security guards salary Note: only the agency fee is subject to 12% VAT if the service contract stipulates the breakdown of the amount of security services Real estate broker – a person selling property of others for a fee or commission income Rule: Income subject to VAT if • Broker is VAT-registered or • Total commission earnings exceed ₱3,000,000 during the taxable year Rule: Subject to VAT based on their gross receipts.
The term “gross receipts” for dealers in securities
means gross selling price less cost of securities sold. Includes all persons other than banks, non-bank financial intermediaries not performing quasi-banking functions who make a practice of lending money for themselves or for others for an interest Transport of goods and cargoes -by land, air, and water by transportation contractors as well as domestic common carriers - Subject to 12% VAT
Transport of passengers -by air and sea within the Philippines is subject to 12% VAT - By land is subject to other percentage tax (OPT) of 3%
Transport of passengers and cargoes
-by DOMESTIC air or sea vessels from the Phil to foreign country - 0% Services may cover a cross boarder movement (from the Philippines to foreign port or vice versa) or a local movement (within the Philippines) of cargoes. Particulars Include Exclude Outbound Movement:
Local origin charges
Actual commission income of the forwarder on
the freight Inbound Movement:
Local destination charges
Currency adjustment factor
Actual commission income of the forwarder on
the freight Outbound or Inbound Movement:
Offshore destination or origin charges
Freight (exclusive of the commission of
forwarders) Accessorial charges VAT is based on its gross receipts which will not include the: - cost of airline or ship tickets - reimbursement of expenses for services rendered by third party other than the travel agency and paid to such party *However, if the margin exceeds 9% of the gross selling price of the ticket to the passenger, the BIR treats the traansaction as a resale which is taxable on the gross selling price. Taxable base includes, among others, charges for rooms, laundry, and valet services, food, and beverages consumption, corkage, handling charges for providing telephone, telex, cable, or fax services, cake shop sales, lease to concessionaires, compensation, and other service fees. Taxable base does not include: • Service charges billed separately and actually distributed to waiters and employees • Actual cost of long distance and overseas telephone calls, and other charges of the telecommunication companies collected by the establishment • Local taxes Gross receipts subject to VAT on media transactions would comprise the following: -The amount of gross receipts representing agency commissions received by an advertising agency of the services it performed as a broker for the media and the advertiser, and -The amount representing gross receipts derived by the media from its advertising services Gross receipts are subject to 12% VAT Subject to the following rules: If monthly rental does not exceed P15,000 per unit per month - lessor shall be exempt from VAT and other percentage tax (OPT) If monthly rental exceeds P15,000 per month per unit but the aggregate annual rentals do not exceeds P3,000,000- lessor is subject to 3% OPT If monthly rental exceeds P15,000 per month per unit and the aggregate annual rentals exceed P3,000,000, lessor is subject to 12% VAT Telecommunications- taxable base for VAT is the gross receipts from their telephone, telegrsph, telewriter exchange, wireless and other communication facilities services excluding amounts earmarked as the foreign administration's share relating to the services performed outside the Philippines Radio and/or television broadcasting - gross receipts of the preceeding year exceeding Ten Million shall be subject to 12% VAT, gross receipts of the preceding year not exceeding Ten Million shall be subject to 3% percentage tax
Gas and water utilities shall be subject to 2%
franchise tax on their gross receipts derived from the business covered by the law granting the franchise. Sale by the artist of his works of art, literary works, musical compositions and similar creations, or his services performed for the production of such works are now subject to VAT Importations of goods into the Philippines are subject to VAT, whether the importation is intended for business or for personal use. Tax Base - Based on the total value used by the Bureau of Customs in determining tariff and custom duty(dutiable value), plus custom duties, excise taxes, if any, and other changes prior to the removal of the goods from customs custody OR -Based on the landed cost plus excise tax, if any, and other charges prior to the removal of the goods from custom custody, if the custom duties are determined on the basis of quantity or volume of the goods. Landed cost includes invoice cost, freight, insurance and other charges. Other charges prior to removal of goods from custom custody are: -Insurance -Freight -Postage -Commisiion -Interest -Bank charges -Wharfage dues -Arrastre charges -Stamps -Processing fee -Custom brokerage fee -Custom duties -Excise tax, if any