- VAT is a tax on the value added by every seller to the purchase price or cost in the sale or lease
of goods, properties or services in the ordinary course of trade or business as well as on
importation of goods into the Philippines, whether for personal or business use.
Rule: Sale of goods or services made in the normal course of trade or businesses are subject to
VAT unless exempt. If the sale is exempt from VAT, it is may be subject to other percentage
taxes except those transactions exempt from business taxes such as those made for subsistence or
livelihood.
Value added tax covers all sales of goods, properties, services or lease of properties
other than:
1. VAT exempt sales
2. Services specifically subject to percentage tax
Provided, however, that the seller must be a VAT- registered person or registrable person.
Registrable person or those who exceeded the VAT threshold are subject to VAT even
if not registered as VAT- taxpayer. On the other hand, a VAT- registered person will be
subject to VAT even if its annual sales do not exceed the VAT threshold.
Note: Only value added taxable sales are considered for purposes of the VAT threshold.
VAT exempt sales (Section 109 NIRC, as amended under RA 10963- TRAIN Law; RR 1-
2018)
a. Sale or importation of agricultural and marine food products in their original state,
and poultry of a kind generally used as, or yielding or producing foods for human
consumption; and breeding stock and genetic materials therefor.
Raw sugar cane refers to sugar produced by simple process of conversion of sugar cane without
need of any mechanical or similar device. Under the revised regulation, raw cane sugar reefers
only to muscovado sugar. Thus , only raw sugar cane is exempt from VAT.
Low- cost housing –housing projects intended for homeless and low-income family
beneficiaries under Government or private developers.
Socialized housing – housing programs and projects covering houses and lots or
home lots only that are undertaken by the government or the private sector for the
underprivileged and homeless citizens.
q. Lease of a residential unit with a monthly rental per unit not exceeding 15,000.00
r. Sale, importation , printing or publication of books and any newspaper, magazine
,review or bulletin which appears at regular intervals with fixed prices for
subscription and sale and which is not devoted principally to the publication of paid
advertisement.
s. Sale of real properties are primarily held for sale to customers or held for lease in the
ordinary course of trade or business or real property utilized for low-cost and
socialized housing as defined by Republic Act No. 7279, otherwise known as the
Urban Development and Housing Act of 1992, and other related laws.
t. Importation of fuel goods and supplies by persons engaged in international shipping
or air transport operations. Provided , it shall be used for international shipping or air
transport operations.
u. Sale or lease of goods and services to senior citizens and person with disabilities.
v. Transfer or property pursuant to sec 40
w. Association dues and membership fees and other assessments and charges collected
on a purely reimbursement by homeowners associations and condominium
corporations
x. Sale of gold to the Bangko Sentral ng Pilipinas
y. Sale of drugs and medicines prescribed for diabetes, high cholesterol and
hypertension.
z. Sale or lease of goods or properties or the performance of services other than the
transactions mentioned in the preceding paragraphs, the gross annual sales and/or
receipts do not exceed the amount of 3 million as amended(previously 1,919,500.00
References:
1. Transfer & Business Taxation 2019 by Tabag and Garcia
2. Business & Transfer Taxation 2016 by Banggawan
3. http://www.chanrobles.com/republicactno7716.htm#.XWABoegzbIU