Bir Iloilo Presentation
Bir Iloilo Presentation
11976:
EASE OF PAYING
TAXES ACT
Presented by:
Filing of
Income Taxes /
Classification Registration Return and
Withholding
of Taxpayers Related Rules Payment of
Taxes
Taxes
Invoicing and Refund of Refund of Taxes –
Value -Added Erroneously or
Record Taxes – Excess
Tax Illegally Collected
Keeping Input Tax
Tax
COVERAGE OF THE
DISCUSSION
SUMMARY
OF REVENUE
ISSUANCES
RR’s (8)
RMO’s (3)
RMC’s (16)
Publication of revenue issuances and
RR 2-2024 other information materials of the BIR
Including transactions to
GROSS Gross value in
government or any of its political
money
SALES subdivisions,
Sales/Commercial
Invoices
INVOICE
Official Receipts
Invoicing requirements
[Section 113(A),(B) and (D)]
A VAT official receipt is no longer required
to be issued in the sale of services or lease Exempt VAT transaction
of property .
‘Business style’ is no longer required to be [Section 109(CC)]
indicated in the invoice .
If a VAT invoice lacks information required
under Section 113(B), here are the The threshold amount of P3m in
consequences : Section 109(CC) shall be
Issuer shall be liable for non -compliance ; adjusted to its present value
and using the Consumer Price Index
Purchaser shall be allowed to claim the as published by the Philippine
input tax if the invoice contains the sales Statistics Authority every three
amount, VAT amount, name and TIN of both
parties, description of the goods or service, (3) years .
and transaction date .
FILING AND
PAYMENT
Manual filing Electronically
Unavailability of the electronic
platforms to any AABS AND RCOs.
Deduction :
After the lapse of agreed payment period
VAT must be fully paid
The VAT component of uncollected
receivables must not have been claimed as
a deduction under Section 34 (E) of the Tax
Code .
Uncollected Receivable
Seller of goods or services
Refers to sales of goods and/or services on
May deduct output VAT on account that transpired upon the effectivity
uncollected receivables in of these Regulations which remain
the next quarter . uncollected by the buyer despite the lapse of
the agreed period to pay .
Retirement from or
OF VAT cessation of business
VAT-registered person
Options to apply for unused input tax:
cessation:
Cash refund
The date of cancellation refers
to the issuance date of the BIR Apply from the date
of cancellation . If the taxpayer has no
Tax Clearance . outstanding tax liabilities
From the date of
90 submission of
invoices and other
PERIOD WITH
days documents . WHICH
Grant refund for REFUND/ CREDIT
creditable input taxes
OF INPUT TAXES
Starts from the filing of SHALL BE MADE
If denied the claim and ends
upon the release of the
refund payment .
The obligation of the payor to deduct and withhold the tax arises at
the time an income payment is accrued or recorded as an expenses
or asset, whichever is applicable, in the payor’s books, or at the
issuance by the seller of the sales invoice or other adequate
document to support such payable, whichever comes first .
WITHHOLDING OF TAX
AT SOURCE
ON THE IMPOSITION OF RED
INTEREST AND PENALTY FOR THE
MICRO AND SMALL TAXPAYERS
Refers to a taxpayer whose gross
sales for a taxable year is Three
Million Pesos (P3,000 ,000 .00 ) to
less than Twenty Million Pesos
(P20 ,000 ,000 .00 ).
MICRO TAXPAYER
SMALL TAXPA
Refers to a taxpayer whose
gross sales for a taxable year
is less than Three Million
Pesos (P3,000 ,000 .00 ).
IMPOSITION OF CIVIL PENALTIES
A penalty equivalent to ten percent (10%) of the amount due, in the
following cases :
Failure to file and pay the tax due thereon as required under the
provisions of the Tax Code or rules and regulation on the date prescribed .
Failure to pay the deficiency tax within the time prescribed for its
payment in the notice of assessment ; or
Failure to pay the full or part of the amount of tax shown on any
return required to be filed under the provisions of the Tax Code
or rules and regulations, or the full amount of tax due for which
no return is required to be filed, on or before the date prescribed
for its payment .
IMPOSITION OF
rate in Section 249 of the
50% Tax Code will be charged on
COMPROMISE PENA
ON TAX REFUN
(RR NO. 5-2024)
Section 112(C) of the Tax Code that introduced the risk -
based approach to verification of VAT refund claims ;
Section 112(D) of the Tax Code which clarified the
liability of the taxpayer -claimant and the BIR in case of
disallowance by the Commission of Audit (COA);
Section 76(C) of the Tax Code allowing the application
for refund of unutilized excess income tax credit in case
of dissolution or cessation of business . For purposes of
these Regulations, the entire provision of 76(C) of the
Tax Code shall be covered to include policies for the
processing of income tax credit/refund of taxpayers
who have chosen the option to apply for tax credit or
refund the excess income tax in their Annual Income
Tax Returns (AITR);
Section 204 (C) of the Tax Code that introduced the one
hundred eighty (180)-day processing of claims for tax
refund except for VAT Refunds under Section 112of the
Tax Code ; and
Section 229 of the Tax Code that outlined the policies
for judicial claims and repealed the supervening clause
provision thereof .
The scope of verification in accordance with the
identified risks as follows :
Submission of
Complete
Scope of Verification of Scope of Verification of
Risk Level Documentary
Sales Purchases
Requirements
Prescribed by BIR*
Low Yes No verification No verification
Medium Yes At least 50% of the amount At least 50% of the total
of sales and 50% of the total amount of purchases with
invoices/receipts issued input tax claimed and 50% of
including inward remittance suppliers with priority on
and proof of VAT zero-rating “Big-Ticket” Purchases
The BIR may expand the above list into sub -categories and assign
weights to each category to arrive at a more comprehensive and
accurate risk classification of the claim .
In order to properly implement Section 76(C) of the Tax Code, the
following rules shall apply :
Regular Claims
This applies to claims for income tax credit/refund of taxpayers
of “going -concern” status who have chosen the option to apply
for tax credit or refund the excess income tax in their AITRs.
CREDIT/REFUND OF UNUTILIZED
EXCESS INCOME TAX CREDIT
UNDER SECTION 76(C)
CREDIT/REFUND OF UNUTIL
EXCESS INCOME TAX CRED
UNDER SECTION 76(C)
Regular Claims
CREDIT/REFUND OF UNUTILIZED
EXCESS INCOME TAX CREDIT
UNDER SECTION 76(C)
CREDIT/REFUND OF UNUTILIZ
EXCESS INCOME TAX CRED
UNDER SECTION 76(C)
Regular Claims
The foiling of claim for TCC/refund must be made within two (2) years from
the date of filing of the AITR.
The income upon which the taxes were withheld must be included as part
of the gross income declared in the income tax return of the recipient .
The fact of withholding is established by a copy of the withholding tax
certificate duly issued by the payor (withholding agent) to the payee showing
the amount of income payment and the amount of tax withheld . The taxpayer -
claimant must be identified as the payee in the withholding tax certificate .
Dissolution or Cessation of Business
As an exception to the irrevocability rule, the taxpayers who chose the option
to “carry -over” may claim a refund provided that they have permanently
ceased operations as also contemplated under Section 76(C) of the Tax Code .
Taxpayer cannot carry over their excess income tax credit due to
business dissolution or cessation, they must file an application for a
refund of any unutilized excess income tax credit .
The Bureau of Internal Revenue (BIR) must process and refund excess taxes
within two (2) years from the date of dissolution or cessation of business, as
stated in Section 10 of the EOPT Act, amending Section 76 of the Tax Code .
This rule overrides the standard 180-day processing period for Tax Credit
Certificate (TCC) or refund under Section 204 (C) of the Tax Code .
CREDIT/REFUND OF UNUTILIZED
EXCESS INCOME TAX CREDIT
UNDER SECTION 76(C)
CREDIT/REFUND OF UNUTILIZ
EXCESS INCOME TAX CRED
UNDER SECTION 76(C)
Dissolution or Cessation of Business
CREDIT/REFUND
TAX
A tax credit or refund is only allowed if the
taxpayer files a written claim with the
Commissioner within two (2) years from the
payment date, as per Section 229 of the Tax Code.
PROCESSING OF
A return showing overpayment qualifies as a
CREDIT/REFUN
written claim . CLAIMS UNDE
The 2-year period
submission
starts only
of complete documents, as
after SECTIONS 204(
required by the Bureau of Internal Revenue
(BIR
AND 229 OF THE
CODE.
WRITTEN 2
YEAR
CLAIM
Under Sections 204 (C) and 229 of
PROCESSING OF TAX the Tax Code, the Bureau of Internal
CREDIT/REFUND Revenue (BIR) must process and
decide on a tax credit/refund within
CLAIMS UNDER 180 days from the submission of
SECTIONS 204(C) complete documents until payment
of the refund or issuance of the Tax
AND 229 OF THE TAX Credit Certificate (TCC).
CODE.
180
DAYS
PROCESS WITHIN
Processing income tax credit/refund under Section
76(C) for a taxpayer with a going -concern status
requires a thorough audit of the books of accounts
to verify the legitimacy of the refund . PROCESSING O
To comply with the 180-day processing time frame CREDIT/REFUN
mandated by Section 204 (C) of the Tax Code, all
relevant offices must prioritize these claims in CLAIMS UNDE
accordance with Sections 76(C), 204 (C), and 229 of
the Tax Code . SECTIONS 204
AND 229 OF THE
180 CODE.
DAYS
Audit through books
of accounts
INVOICE
invoice” and is categorized as follows :
VAT Invoice
A written account evidencing the sale of It is a written account evidencing the sale
goods and/or services issued to of goods, properties, services and/or
customers or buyer in the ordinary leasing of properties subject to VAT and it
course of trade or business . This includes : shall be the basis of the output tax liability
of the seller and the input tax claim of the
MISCELLANEOUS INVOICE buyer or purchaser .
Charge/
Non -VAT Invoice
It is a written account evidencing the sales
of goods, properties, services and/or
leasing of properties not subject to VAT and
if applicable it shall be the basis of the
Percentage Tax liability of the seller .
Supplementary document
Is a written document, other than sales or commercial
invoice, which serves as source of accounting entries in the
books of accounts .
Includes but not limited to: Any other document, by whatever name it is
known or called, whether prepared
manually (handwritten information) or pre -
printed/pre -numbered loose leaf
(information typed using spreadsheet
program or typewriter) or computerized as
long as they are in the ordinary course of
business and being issued to customers or
otherwise .
A VAT- registered person shall issue a duly
registered VAT Invoice, for every sale, barter,
exchange or lease of goods or properties, and
for every sales, barter or exchange of services
regardless of the amount of the transaction . INVOICING
REQUIREMENTS
VAT- registered
person
VAT invoice
The total amount which the purchaser pays or is
obligated to pay to the seller with the indication that
such amount includes the VAT; provided that :
The VAT amount is shown as a separate item ;
The term “VAT-Exempt Sale” is written or printed, if the sale is
exempt from VAT;
The term “Zero -Rated Sale” is written or printed, if the sale is
subject to Zero percent (0 %) VAT;
If the sale involves goods, properties or services some of
which are subject to and some of which are VAT Zero -Rated or
VAT-Exempt, the invoice shall clearly indicate the breakdown
of the sale price between taxable, exempt and zero -rated
components and the calculation of the VAT on each portion of
the sale shall be shown on the invoice ; Provided, that the
seller may issue separate invoices for the taxable, exempt and
zero -rated components of the sale .
The following information shall be indicated in
the VAT invoice :
Information
The date of transaction, quantity, unit
cost and description of the goods or contained in a
properties or nature of the service ;
VAT invoice
In the case of sales in the amount of
One thousand pesos (₱1,000 ) or more
whare the sale or transfer is made to a
VAT-registered person, the registered
name or name, address and TIN of the
purchaser, customer or client .
CONSEQUENCE OF ISSU
ERRONEOUS VAT INVOICE
All person who are not VAT-registered and issue a VAT Invoice showing the
person’s TIN followed by the word ‘VAT’ or showing the information under
Section 3(B)(1) of these Regulations, shall, in addition to other percentage taxes,
be liable to :
The VAT shall be recognized as an input tax credit under Section 110of
the Tax Code, to the purchaser, buyer or receiver of erroneous VAT
Invoice if all the required information under Section 3(B)(1) of these
Regulation are shown on the invoice .
V AT R egis ter ed per s on or S eller
V AT-E x em pt
Is s u e d V A T
IN V O IC E
Fails to dis play the ter m ‘V AT-E x em pt S ale’ S hall be liable f or the V AT in
or c learly provide a break dow n of the V AT- S ec tion 10 6 and 10 8 as if S ec tion
E x em pt S ale on the invoic e as pr ovided f or 10 9 of the TAX Code did not apply .
under S ec tion 3(B )(2.4 ) of thes e R egulation.
CONSEQUENCE OF ISSUING
ERRONEOUS VAT INVOICE
From the day following the
deadline, in the filing of the
PRESERVATI
return, or if filed after the
deadline, from the date of the
5 filing of the return, the taxpayer
shall preserve all Books of
years Accounts,
subsidiary
including
books and other
the
accounting records of
corporations, partnerships, or
persons .
Ty pe 5 y ear s
1. M anual B ook s of Ac c ounts and Other In har d
ac c ounting r ec or ds c opies
“Last entry”
PRESERVAT
material to the case, they must preserve these
records until the case is fully resolved —even
beyond the prescribed 5-year retention period .
All corporations,
partnership or persons
that retire from business
given by the BIR
Commissioner to submit
their books of accounts .
10 Corporations
partnerships planning to
and
Taxpayer
inspected
records must
at their place
be
of
days dissolve must notify the
Commissioner and cannot
be dissolved until they are
business or at the BIR office cleared of tax liabilities .
EXAMINATION AND INSPEC
All books, records, vouchers, and supporting documents required by
the Bureau of Internal Revenue (BIR) must be kept intact, unaltered,
and unmutilated in the taxpayer’s place of business . These records
are subject to inspection by internal revenue officers, and upon
request, they must be immediately presented for review .
TRANSFER OF REGISTRATION OF
NON-BUSINESS TAXPAYERS
TRANSFER OF REGISTRATIO
BUSINESS TAXPAYERS
All open -cases/stop -filer cases shall
RDO-074 be settled at the new RDO, except
for those who are subject to audit
investigations in which case any
audit findings including open -
Secure a new BIR Certificate cases/stop -filer cases shall be
of Registration from its new
MANUALLY settled at the RDO which initiated
RDO. The new RDO shall the same .
include all newly transferred
business taxpayers in its Taxpayers with open -cases/stop -
monthly TCVD after thirty filer cases who are not subject to
(30 ) days from the issuance audit investigations shall be
BIR of new BIR Certificate of
ONLINE transferred to the new RDO within
Registration
REGISTRATION . the prescribed period together with
its open -cases/stop -filer cases .
Any person who carries on or
engages in any business and
is not duly registered with the
BIR shall, upon conviction for
each act or omission, be
punished in accordance with
the penalty provided in Sec.
258 of the Tax Code.
Not registered
UNLAWFUL PURSUIT OF
BUSINESS
ISSUANCE
All persons subject to an internal revenue
tax shall, at the point of each sale and
transfer of merchandise or for services
rendered valued at Five hundred pesos
(₱500 .00 ) or more, issue duly registered
invoices, showing the name, Taxpayer
Identification Number (TIN), date of
transaction, quantity, unit cost and
description of merchandise or nature of
service .
ISSUANC
is s ue invoic e
w hen the
tax pay er r equir es
r egar dles s of the
Is s u e am ount of
r ans ac tion/
ISSUANCE
the f ac e of the invoic e to be is s ued to
buy er or c us tom er s , and pr om inently
pr inted or lar ger than the w or d
des c r ibing the tr ans ac tion
The term Cas h S ales or Char ge S ales , at
the s eller ’s option, c an be indic ated in the
Invoic e as c hec k box es to r ef lec t the ty pe
of tr ans ac tions .
ISSUANCE
Requirement
Of f ic ial r ec eipts , deliver y r ec eipts , or der
s lips , pur c has e or ders , ac k now ledgm ent
r ec eipts , c ollec tion/c as h r ec eipts ,
c r edit/debit m em os , job or ders , and
s im ilar doc um ents mus t inc lude es s ential
tax -r elated inf or m ation.
Mandatory Disclaimer
Thes e doc um ents m us t boldly dis play the
phr as e: "THIS DOCUM E N T IS N OT V ALID
FOR CLAIM OF IN P UT TAX ." on the f r ont.
Accounting Records
Thes e s upplem entar y doc um ents f or m
par t of the tax pay er 's ac c ounting rec or ds
and ar e is s ued to c us tom er s .
Tax pay er w hos e
ISSUANC
tr ans ac tions ar e
not s ubjec t to
V AT or
per c entage tax
s hall is s ue N on-
V AT Invoic e
indic ating at the
f ac e of s uc h
invoic e the
“E X E M P T”.
Engaged in proprietary
functions shall apply
for ATP in the printing
of their principal and
supplementary
Local Government Units
documents .
(LGUs)
N o t r e q u ir e d t o b e NOT
r e p la c e d e v e n if it in c lu d e s R E Q U IR E D
r e g is t r a t io n fe e (R F )
TO P AY
U p d a t e t h e C O R if
th ere a re c h a n g es