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  • UCC Taxation-2 Syllabus VAT Updated PDF

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    The document summarizes key concepts and elements of the Value Added Tax (VAT) in the Philippines according to the Tax Code and relevant regulations, court rulings, and revenue issuances. It discusses topics like VATable transactions, persons liable for VAT, VAT on goods, services, and importations. It also covers zero-rated and exempt sales and transactions, input tax, withholding and payment of VAT, and VAT refunds. The document provides an overview of the legal and regulatory framework governing VAT in the Philippines.

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    The document summarizes key concepts and elements of the Value Added Tax (VAT) in the Philippines according to the Tax Code and relevant regulations, court rulings, and revenue issuances. It discusses topics like VATable transactions, persons liable for VAT, VAT on goods, services, and importations. It also covers zero-rated and exempt sales and transactions, input tax, withholding and payment of VAT, and VAT refunds. The document provides an overview of the legal and regulatory framework governing VAT in the Philippines.

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    © All Rights Reserved
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    27 views2 pages

    UCC Taxation-2 Syllabus VAT Updated PDF

    Uploaded by

    Anjessette Mantilla
    The document summarizes key concepts and elements of the Value Added Tax (VAT) in the Philippines according to the Tax Code and relevant regulations, court rulings, and revenue issuances. It discusses topics like VATable transactions, persons liable for VAT, VAT on goods, services, and importations. It also covers zero-rated and exempt sales and transactions, input tax, withholding and payment of VAT, and VAT refunds. The document provides an overview of the legal and regulatory framework governing VAT in the Philippines.

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    of 2

    TAXATION II

    Atty. Edward M. Menor, CPA

    II. VALUE ADDED TAX

    A. Concept and elements of VATable transactions


    1. VAT as an indirect tax
    a. Impact vs. incident of tax
    b. Contex vs. CIR, GR No. 151135 dated July 2, 2004
    2. Persons liable
    a. VAT registration
    i. Secs. 236(G) and 236(H) of the Tax Code, as amended by RA 10963
    ii. Sec. 109(2) of the Tax Code
    iii. Q/As 6, 30 and 31 of RMC 46-2008
    iv. VAT vs. Percentage Tax – Sec 109(BB) vs. Sec. 116 of the Tax Code, as amended by RA
    10963
    v. Sec. 106(C) of the Tax Code
    b. Meaning of the phrase “in the ordinary course of trade or business”
    i. CIR vs. CA and Commonwealth Management Services, GR No. 125355 dated March 30.
    2000
    ii. CIR vs. Sony Phils., Inc. GR No. 178697 dated November 17, 2010
    iii. Mindanao II Geothermal Partnership vs. CIR, GR No. 193301 dated March 11, 2013
    iv. Power Sector Assets and Liabilities Management Corporation vs. CIR, GR No. 198146
    dated August 8, 2017

    B. VAT on Goods
    1. Sec. 106 of the Tax Code
    2. Sale of real property – Tax base for goods vs. Tax base for real property – Sec. 4.106-4 of RR 16-
    2005, RR No. 4-2007
    a. Exempt real property – Sec. 109(P) of the Tax Code, as amended by RA 10963
    i. Clarification of VAT exempt thresholds – Sec. 4.109-1(P) of RR 13-2018
    ii. RR No. 4-2021
    3. Transactions deemed sale – Sec. 106(B) of the Tax Code – Sec. 4.106-7 of RR 16-2005 as
    amended by RR 4-2007

    C. VAT on Importations
    1. Sec. 107 of the Tax Code
    2. Sec. 4.107-1 of RR No. 16-2005, as amended

    D. VAT on Services
    1. Sec. 108 of the Tax Code
    2. Medicard Philippines, Inc. vs. CIR, GR No. 222743 dated April 5, 2017
    3. CIR vs. SM Prime Holdings, Inc., GR No. 183505 dated February 26, 2010
    4. Diaz vs. The Secretary of Finance and CIR, GR No. 193007 dated July 19, 2011

    E. Zero-rated Sales and Exempt Sales


    1. Zero-rated sales
    a. Sec. 106(A)(2) and Sec. 108(B) of the Tax Code, as amended by RA 10963
    b. RR No. 9-2021 in relation to RR No. 15-2021 and RR No. 21-2021
    c. RMC No. 24-2022
    d. CIR vs. Filminera Resources Corporation, GR No. 236325 dated September 16, 2020
    2. Exempt sales
    a. Sec. 109(1) of the Tax Code, as amended by RA 10963
    b. Percentage Tax – Sec. 116 of the Tax Code, as amended by RA 10963
    c. RR No. 4-2021
    d. CIR vs. United Cadiz Sugar Farmers Association Multi-Purpose Cooperative, GR No. 209776
    dated December 7, 2016
    3. Destination Principle and Cross-Border Doctrine
    a. Coral Bay Nickel Corporation vs. CIR, GR No. 190506 dated June 13, 2016
    4. Exempt person vs. Exempt transaction / Effectively zero-rated vs. Automatic zero-rating
    a. CIR vs. Seagate Technology (Phils.), GR No. 153866 dated February 11, 2005

    F. Input Tax
    1. Substantiation requirements
    a. Sec. 110(A) in relation to Sec. 113 of the Tax Code
    b. Sec. 4.110-8 of RR 16-2005
    c. Nippon Express (Phils) Corp. vs. CIR, GR No. 191495 dated July 23, 2018
    2. Rule on capital goods – Sec. 110(A) of the Tax Code, as amended by RA 10963
    a. Sec. 4.110-3 of RR 13-2018
    b. RR No. 21-2022
    3. CIR vs. Sony Phils., Inc., GR No. 178697 dated November 17, 2010
    4. Transitional input tax
    a. Sec. 111(A) of the Tax Code
    b. Fort Bonifacio Development vs. CIR, GR No. 173425 dated September 4, 2012

    G. Withholding of Creditable VAT


    1. Sec. 114(C) of the Tax Code as amended by RA No. 10963
    2. Sec. 4.114-2 of RR No. 16-2005, as amended by RR No. 13-2018

    H. Filing and Payment of VAT


    1. Sec. 114(A) of the Tax Code as amended by Sec. 37 of RA 10963
    2. RMC No. 5-2023

    I. VAT Refund
    1. Sec. 112 of the Tax Code, as amended by RA 10963
    2. RMC 17-2018 and Sec. 112-1 of RR 13-2018
    3. Context vs. CIR, GR No. 151135 dated July 2, 2004
    4. Atlas Consolidated Mining vs. CIR, GR Nos. 141104 and 148763 dated June 8, 2007
    5. CIR vs. San Roque Power, GR No. 187485 dated February 12, 2013
    6. Microsoft Phils., Inc. vs. CIR, GR No. 180173 dated April 6, 2011
    7. Coca-Cola Bottlers Philippines, Inc. vs. CIR, GR No. 222428 dated February 19, 2018

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