Business Taxes

Upon registration with the BIR, the taxpayer is classified into Value Added Tax (VAT) or NON-VAT Taxpayer. VAT Taxpayer are required to remit 12% VAT every month to the BIR based on the Net VAT due (Output less Input Tax). Non-VAT Taxpayer are required to remit quarterly percentage tax to the BIR.

Percentage Tax

According to Sec. 116 of NIRC, "Any person whose sales or receipts are exempt under Sec. 109 (z) of NIRC from the payment of VAT and who is not a VAT registered shall pay a tax equivalent to 3% of his Gross Quarterly Sales or Receipts. With the enactment of R.A. 11534 CREATE LAW, Percentage rate was decrease from 3% o to 1% starting July 1, 2020 until June 30, 2023. (RR No.4-2021)

Percentage tax rate will revert back to 3% starting July 1, 2023.

Value Added Tax

Value Added Tax (VAT) is an indirect tax that can be shifted or passed on to buyer of goods or services. The current VAT Rate in the Philippines is Twelve (12%).

Generally, business with total revenue exceeding Php
3,000,000 is required to registered under Value Added Tax System unless explicitly exempted by the law. The ceiling of Php 3,000,000 is effective only on January 2018 transactions and onwards with implementation of TRAIN Law, the issuance of BIR Revenue Regulation (RR) 13-2018, BIR Revenue Regulation (RR) 4-2021 and RR 8-2021.

Who are Exempted from VAT?

According to Sec. 109 of National Internal Revenue Code (NIRC) of 1997, the following shall be exempt from Value Added Tax:

  1. Sale of nonfood agricultural products; marine and forest products in their original state by the primary producer or the owner of the land where the same are produced;

  2. Sale of cotton seeds in their original state; and copra;

  3. Sale or importation of agricultural and marine food products in their original state, livestock and poultry of or king generally used as, or yielding or producing foods for human consumption; and breeding stock and genetic materials therefor.

Products classified under this paragraph and paragraph (a) shall be considered in their original state even if they have undergone the simple processes of preparation or preservation for the market, such as freezing, drying, salting, broiling, roasting, smoking or stripping.

Polished and/or husked rice, corn grits, raw cane sugar and molasses, and ordinary salt shall be considered in their original state;

  1. Sale or importation of fertilizers; seeds, seedlings and fingerlings; fish, prawn, livestock and poultry feeds, including ingredients, whether locally produced or imported, used in the manufacture of finished feeds (except specialty feeds for race, horses, fighting cocks, aquarium fish, zoo animals and other animals generally considered as pets;)

5. Sale or importation of coal and natural gas, in whatever form or state, and petroleum products (except lubricating oil, processed gas, grease, wax and petrolatum) subject to excise tax imposed under Title VI;

6. Sale or importation of raw materials to be used by the buyer or importer himself in the manufacture of petroleum products subject to excise tax, except lubricating oil, processed gas, grease, wax and petrolatum;

7. Importation of passengers and/or cargo vessels of more than five thousand tons (5,000) whether coast-wise or ocean-going, including engine and spare parts of said vessel yo be used by the importer himself as operator thereof

8. Importation of professional instruments and implements, tools of trade, occupation or employment, wearing apparel, domestic animals, and personal and household effects belonging to persons coming to settle in the Philippines or Filipinos or their families and descendants who are now residents or citizens of other countries, such parties hereinafter referred to as overseas Filipinos, in quantities and of the class suitable to the profession, rank or position of the persons importing said items, for their own use and not for barter or sale, accompanying such persons, or arriving within a reasonable time: Provided, That the Bureau of Customs may, upon the production of satisfactory evidence that such persons are actually coming to settle in the Philippines and that the goods are brought from their former place of abode, exempt such goods from payment of duties and taxes: Provided, further, that vehicles, vessels, aircrafts, machineries and other similar goods for use in manufacture, shall not fall within this classification and shall therefore be subject to duties, taxes and other charges (as amended by R.A. 10963 TRAIN Law and RR 13-2018)

9. Services by agricultural contract growers and milling for others of palay into rice, corn into grits and sugar cane into raw sugar;

10. Medical, dental, hospital and veterinary services subject to the provisions of Section 17 of Republic Act No.7716, as amended:

11. Educational services rendered by private educational institutions, duly accredited by the Department of Education, Culture and Sports (DECS) and the Commission on Higher Education (CHED), and those rendered by government educational institutions;

12. Sale by the artist himself of his works of art, literary works, musical compositions and similar creations, or his services performed for the production of such works;

13. Services rendered by individuals pursuant to an employer-employee relationship;

14. Services rendered by regional or area headquarters established in the Philippines by multinational corporations which act as supervisory, communications and coordinating centers for their affiliates, subsidiaries or branches in the Asia-Pacific Region and do not earn or derive income from the Philippines;

15. Transactions which are exempt under international agreements to which the Philippines is a signatory or under special laws, except those under Presidential Decree Nos. 66, 529 and 1590;

16. Sales by agricultural cooperatives duly registered with the Cooperative Development Authority to their members as well as sale of their produce, whether in its original state or processed form, to non-members; their importation of direct farm inputs, machineries and equipment, including spare parts thereof, to be used directly and exclusively in the production and/or processing of their produce;

17. Sales by electric cooperatives duly registered with the Cooperative Development authority or National Electrification Administration, relative to the generation and distribution of electricity as well as their importation of machineries and equipment, including spare parts, which shall be directly used in the generation and distribution of electricity;

18. Gross receipts from lending activities by credit or multi-purpose cooperatives duly registered with the Cooperative Development Authority whose lending operation is limited to their members;

19. Sales by non-agricultural, non- electric and non-credit cooperatives duly registered with the Cooperative Development Authority: Provided, That the share capital contribution of each member does not exceed Fifteen thousand pesos (P15,000) and regardless of the aggregate capital and net surplus ratably distributed among the members;

20. Export sales by persons who are not VAT-registered;

21. 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 advertisements; and

22. Services subject to percentage tax under Title V;

23. Sale of real properties utilized for socialized housing as defined under RA No. 7279, and other related laws, such as RA No. 7835 and RA No. 8763, wherein the price ceiling per unit is P450,000.00 or as may from time to time be determined by the HUDCC and the NEDA and other related laws. (As amended by R.A. 10963 TRAIN Law and RR 13-2018)

24. Beginning January 1, 2021, the VAT exemption shall only apply to sale of real properties not primarily held for sale to customers or held for lease in the ordinary course of trade or business; sale of real property utilized for socialize housing as defined by R.A. 7279 as amended, and sale of house and lot, and other residential dwellings with selling price of not more than Two Million Pesos (Php2,000,000) as adjusted to Php 3,199,200 in 2011 using the 2020 Consumer Price Index Value. Provided further, that every three (3) years thereafter, the amount stated herein shall be adjusted to its present value using the Consumer Price Index as published by the Philippine Statistics Authority (PSA). (As amended by RR 8-2021)

25. Lease of residential units with a monthly rental per unit not exceeding Fifteen Thousand Pesos (P15,000.00). (As amended by R.A. 10963 TRAIN Law and RR 13-2018)

26. Transport of passengers by international carriers

27. Sale, importation or lease of passenger or cargo vessels and aircraft, including engine, equipment and spare parts thereof for domestic or international transport operations (As amended by R.A. 10963 TRAIN Law and RR 13-2018)

28. Importation of fuel, goods and supplies by persons engaged in international shipping or air transport operations: Provided, That the fuel, goods and supplies shall be used for international shipping or air transport operations. (As amended by R.A. 10963 TRAIN Law and RR 13-2018)

29. Services of banks, non-bank financial intermediaries performing quasi-banking functions, and other non-bank financial intermediaries (As amended by R.A. 10963 TRAIN Law and RR 13-2018)

30. Sale or lease of goods and services to senior citizens and persons with disabilities, as provided under Republic Act Nos. 9994 (Expanded Senior Citizens Act of 2010) and 10754 (An Act Expanding the Benefits and Privileges of Persons with Disability), respectively (As amended by R.A. 10963 TRAIN Law and RR 13-2018)

31. Transfer of Property pursuant to Section 40(C)(2) of the Tax Code, as amended (As amended by R.A. 10963 TRAIN Law and RR 13-2018)

32. Association dues, membership fees, and other assessments and charges collected on a purely reimbursement basis by homeowners’ associations and condominium corporations established under Republic Act No. 9904 (Magna Carta for Homeowners and Homeowners’ Association) and Republic Act No. 4726 (The Condominium Act), respectively (As amended by R.A. 10963 TRAIN Law and RR 13-2018)

33. Sale of gold to the Bangko Sentral ng Pilipinas (As amended by R.A. 10963 TRAIN Law and RR 13-2018)

34. Sale or importation of prescription drugs and medicines for (As amended by RR 4-2021):

a. Diabetes, high cholesterol, and hypertension beginning January 1, 2020 and

b. Cancer, mental illness, tuberculosis, and kidney diseases beginning January 1, 2021

The exemption form VAT under this subsection shall only apply to the sale or importation by the manufacturers, distributors, wholesalers and retailer of drugs and medicines included in the “list of approved drugs and medicines” issued by the Department of Health (DOH) for this purpose.

35. Sale or importation of the following beginning January 1, 2021 to December 31, 2023 (As amended by RR 4-2021):

a. Capital equipment, its spare parts and raw materials, necessary for the production of personal protective equipment (PPE) components such as coveralls, gown, surgical cap, surgical mask, n-95 mask, scrub suits, goggles and face shield, double or surgical mask, n-95 mask, scrub suits, goggles and face shield, double or surgical gloves, dedicated shoes, and shoe covers, for COVID-19 prevention;

b. All drugs, vaccines and medical devices specifically prescribed and directly used for the treatment of COVID-19; and

c. Drugs for the treatment of COVID-19 approved by the Food and Drug Administration (FDA) for use in clinical trials, including raw materials directly necessary for production of such drugs.

36. 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 Three Million Pesos (P3,000,000.00) (As amended by R.A. 10963 TRAIN Law and RR 13-2018)