Republic Act No. 9337

 

 

AN ACT

AMENDING SECTIONS 27, 28, 34, 106, 107, 108, 109, 110, 111, 112, 113, 114, 116, 117, 119, 121, 148, 151, 236, 237 AND 288 OF THE NATIONAL INTERNAL REVENUE CODE OF 1997, AS AMENDED, AND FOR OTHER PURPOSES

 

SECTION 1.  Section 27 of the National Internal Revenue Code of 1997, as amended, is hereby further amended to read as follows:

 

“SEC. 27.  Rates of Income Tax on Domestic Corporations.   –

 

“(A) In General.  – Except as otherwise provided in this Code, an income tax of thirty-five percent (35%) is hereby imposed upon the taxable income derived during each taxable year from all sources within and without the Philippines by every corporation, as defined in Section 22(B) of this Code and taxable under this Title as a corporation, organized in, or existing under the laws of the Philippines:  Provided, That effective January 1, 2009, the rate of income tax shall be thirty percent (30%).

 

“x x x .

 

“The corporate income tax rate shall be applied on the amount computed by multiplying the number of months covered by the new rate within the fiscal year by the taxable income of the corporation for the period, divided by twelve.

 

“x x x .

 

“(B) x x x .

 

“(C) Government-owned or -Controlled Corporations, Agencies or Instrumentalities.  – The provisions of existing special or general laws to the contrary notwithstanding, all corporations, agencies, or instrumentalities owned or controlled by the Government, except the Government Service and Insurance System (GSIS), the Social Security System (SSS), the Philippine Health Insurance Corporation (PHIC), and the Philippine Charity Sweepstakes Office (PCSO), shall pay such rate of tax upon their taxable income as are imposed by this Section upon corporations or associations engaged in a similar business, industry, or activity.

 

“(D) x x x .

 

“(E) x x x .”

 

SEC. 2.  Section 28(A)(1) and (B)(1) and (5)(b) of the same Code, as amended, are hereby further amended to read as follows:

 

“SEC. 28.  Rates of Income Tax on Foreign Corporations.  –

 

“(A) Tax on Resident Foreign Corporations.  –

 

“(1) In General.  – Except as otherwise provided in this Code, a corporation organized, authorized, or existing under the laws of any foreign country, engaged in trade or business within the Philippines, shall be subject to an income tax equivalent to thirty-five percent (35%) of the taxable income derived in the preceding taxable year from all sources within the Philippines:  Provided, That effective January 1, 2009, the rate of income tax shall be thirty percent (30%).

 

“x x x .

 

“The corporate income tax rate shall be applied on the amount computed by multiplying the number of months covered by the new rate within the fiscal year by the taxable income of the corporation for the period, divided by twelve.

 

“x x x .

 

“(B) Tax on Nonresident Foreign Corporation.  –

 

“(1) In General.  – Except as otherwise provided in this Code, a foreign corporation not engaged in trade or business in the Philippines shall pay a tax equal to thirty-five percent (35%) of the gross income received during each taxable year from all sources within the Philippines, such as interests, dividends, rents, royalties, salaries, premiums (except reinsurance premiums), annuities, emoluments or other fixed or determinable annual, periodic or casual gains, profits and income, and capital gains, except capital gains subject to tax under subparagraph 5(c):  Provided, That effective January 1, 2009, the rate of income tax shall be thirty percent (30%).

 

“(2) x x x .

 

“(3) x x x .

 

“(4) x x x .

 

“(5) Tax on Certain Incomes Received by a Nonresident Foreign Corporation.  –

 

“(a) x x x ;

 

“(b) Intercorporate Dividends.  – A final withholding tax at the rate of fifteen percent (15%) is hereby imposed on the amount of cash and/or property dividends received from a domestic corporation, which shall be collected and paid as provided in Section 57(A) of this Code, subject to the condition that the country in which the nonresident foreign corporation is domiciled, shall allow a credit against the tax due from the nonresident foreign corporation taxes deemed to have been paid in the Philippines equivalent to twenty percent (20%), which represents the difference between the regular income tax of thirty-five percent (35%) and the fifteen percent (15%) tax on dividends as provided in this subparagraph:  Provided, That effective January 1, 2009, the credit against the tax due shall be equivalent to fifteen percent (15%), which represents the difference between the regular income tax of thirty percent (30%) and the fifteen percent (15%) tax on dividends;

 

“(c) x x x .”

 

SEC. 3.  Section 34(B)(1) of the same Code, as amended, is hereby further amended to read as follows:

 

“SEC. 34.  Deductions from Gross Income.  –

 

“(A) x x x .

 

“(B) Interest.  –

 

“(1) In General.  – The amount of interest paid or incurred within a taxable year on indebtedness in connection with the taxpayer’s profession, trade or business shall be allowed as deduction from gross income:  Provided, however, That the taxpayer’s otherwise allowable deduction for interest expense shall be reduced by forty-two percent (42%) of the interest income subjected to final tax:  Provided, That effective January 1, 2009, the percentage shall be thirty-three percent (33%).

 

“x x x.”

 

SEC. 4.  Section 106 of the same Code, as amended, is hereby further amended to read as follows:

 

“SEC. 106.  Value-Added Tax on Sale of Goods or Properties.  –

 

“(A) Rate and Base of Tax.  – There shall be levied, assessed and collected on every sale, barter or exchange of goods or properties, a value-added tax equivalent to ten percent (10%) of the gross selling price or gross value in money of the goods or properties sold, bartered or exchanged, such tax to be paid by the seller or transferor:  Provided, That the President, upon the recommendation of the Secretary of Finance, shall, effective January 1, 2006, raise the rate of value-added tax to twelve percent (12%), after any of the following conditions has been satisfied:

 

“(i) Value-added tax collection as a percentage of Gross Domestic product (GDP) of the previous year exceeds two and four-fifth percent (2 4/5%); or

 

“(ii) National government deficit as a percentage of GDP of the previous year exceeds one and one-half percent (1 ½%).

 

“(1) x x x .

 

“(2) The following sales by VAT-registered persons shall be subject to zero percent (0%) rate:

 

“(a) Export Sales.  – The term ‘export sales’ means:

 

“(1) x x x ;

 

“(2) x x x ;

 

“(3) x x x ;

 

“(4) x x x ;

 

“(5) x x x; and

 

“(6) The sale of goods, supplies, equipment and fuel to persons engaged in international shipping or international air transport operations.

 

“(b) x x x .

 

“(c) x x x .

 

“(B) x x x .

 

“(C) x x x .”

 

SEC. 5.  Section 107 of the same Code, as amended, is hereby further amended to read as follows:

 

“SEC. 107.  Value-Added Tax on Importation of Goods.  –

 

“(A) In General.  – There shall be levied, assessed and collected on every importation of goods a value-added tax equivalent to ten percent (10%) based on the total value used by the Bureau of Customs in determining tariff and customs duties, plus customs duties, excise taxes, if any, and other charges, such tax to be paid by the importer prior to the release of such goods from customs custody:  Provided, That where the customs duties are determined on the basis of the quantity or volume of the goods, the value-added tax shall be based on the landed cost plus excise taxes, if any:  Provided, further, That the President, upon the recommendation of the Secretary of Finance, shall, effective January 1, 2006, raise the rate of value-added tax to twelve percent (12%), after any of the following conditions has been satisfied:

 

“(i) Value-added tax collection as a percentage of Gross Domestic product (GDP) of the previous year exceeds two and four-fifth percent (2 4/5%); or

 

“(ii) National government deficit as a percentage of GDP of the previous year exceeds one and one-half percent (1 ½%).

 

“(B) x x x .”

 

SEC. 6.  Section 108 of the same Code, as amended, is hereby further amended to read as follows:

 

“SEC. 108.  Value-added Tax on Sale of Services and Use or Lease of Properties.  –

 

“(A) Rate and Base of Tax.  – There shall be levied, assessed and collected, a value-added tax equivalent to ten percent (10%) of gross receipts derived from the sale or exchange of services, including the use or lease of propertiesProvided, That the President, upon the recommendation of the Secretary of Finance, shall, effective January 1, 2006, raise the rate of value-added tax to twelve percent (12%), after any of the following conditions has been satisfied: 

 

“(i) Value-added tax collection as a percentage of Gross Domestic Product (GDP) of the previous year exceeds two and four-fifth percent (2 4/5%); or

 

“(ii) National government deficit as a percentage of GDP of the previous year exceeds one and one-half percent (1 ½%).

 

“The phrase ‘sale or exchange of services’ means the performance of all kinds of services in the Philippines for others for a fee, remuneration or consideration, including those performed or rendered by construction and service contractors; stock, real estate, commercial, customs and immigration brokers; lessors of property, whether personal or real; warehousing services; lessors or distributors of cinematographic films; persons engaged in milling, processing, manufacturing or repacking goods for others; proprietors, operators or keepers of hotels, motels, rest-houses, pension houses, inns, resorts; proprietors or operators of restaurants, refreshment parlors, cafes and other eating places, including clubs and caterers; dealers in securities; lending investors; transportation contractors on their transport of goods or cargoes, including persons who transport goods or cargoes for hire and other domestic common carriers by land relative to their transport of goods or cargoes; common carriers by air and sea relative to their transport of passengers, goods or cargoes from one place in the Philippines to another place in the Philippines; sales of electricity by generation companies, transmission, and distribution companies; services of franchise grantees of electric utilities, telephone and telegraph, radio and television broadcasting and all other franchise grantees except those under Section 119 of this Code and non-life insurance companies (except their crop insurances), including surety, fidelity, indemnity and bonding companies; and similar services regardless of whether or not the performance thereof calls for the exercise or use of the physical or mental facultiesThe phrase ‘sale or exchange of services’ shall likewise include:

 

“(1) x x x ;

 

“(2) x x x ;

 

“(3) x x x ;

 

“(4) x x x ;

 

“(5) x x x ;

 

“(6) x x x ;

 

“(7) x x x ;

 

“(8) x x x .

 

“(B) Transactions Subject to Zero Percent (0%) Rate.  – The following services performed in the Philippines by VAT-registered persons shall be subject to zero percent (0%) rate:

 

“(1) x x x ;

 

“(2) Services other than those mentioned in the preceding paragraph rendered to a person engaged in business conducted outside the Philippines or to a nonresident person not engaged in business who is outside the Philippines when the services are performed, the consideration for which is paid for in acceptable foreign currency and accounted for in accordance with the rules and regulations of the Bangko Sentral ng Pilipinas (BSP);

 

“(3) x x x ;

 

“(4) Services rendered to persons engaged in international shipping or international air transport operations, including leases of property for use thereof;

 

“(5) x x x ;

 

“(6) Transport of passengers and cargo by air or sea vessels from the Philippines to a foreign country; and

 

“(7) Sale of power or fuel generated through renewable sources of energy such as, but not limited to, biomass, solar, wind, hydropower, geothermal, ocean energy, and other emerging energy sources using technologies such as fuel cells and hydrogen fuels.

 

SEC. 7.  Section 109 of the same Code, as amended, is hereby further amended to read as follows:

 

“SEC. 109.  Exempt Transactions.  – (1) Subject to the provisions of subsection (2) hereof, the following transactions shall be exempt from the value-added tax:

 

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

 

“Products classified under this paragraph 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, ordinary salt, and copra shall be considered in their original state;

 

“(B) 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);

 

“(C) Importation of personal and household effects belonging to the residents of the Philippines returning from abroad and nonresident citizens coming to resettle in the Philippines:  Provided, That such goods are exempt from customs duties under the Tariff and Customs Code of the Philippines;

 

“(D) Importation of professional instruments and implements, wearing apparel, domestic animals, and personal household effects (except any vehicle, vessel, aircraft, machinery, other goods for use in the manufacture and merchandise of any kind in commercial quantity) belonging to persons coming to settle in the Philippines, for their own use and not for sale, barter or exchange, accompanying such persons, or arriving within ninety (90) days before or after their arrival, upon the production of evidence satisfactory to the Commissioner, that such persons are actually coming to settle in the Philippines and that the change of residence is bona fide;

 

“(E) Services subject to percentage tax under Title V;

 

“(F) Services by agricultural contract growers and milling for others of palay into rice, corn into grits and sugar cane into raw sugar;

 

“(G) Medical, dental, hospital and veterinary services except those rendered by professionals;

 

“(H) Educational services rendered by private educational institutions, duly accredited by the Department of Education (DEPED), the Commission on Higher Education (CHED), the Technical Education and Skills Development Authority (TESDA) and those rendered by government educational institutions;

 

“(I) Services rendered by individuals pursuant to an employer-employee relationship;

 

“(J) 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;

 

“(K) Transactions which are exempt under international agreements to which the Philippines is a signatory or under special laws, except those under Presidential Decree No. 529;

 

“(L) 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;

 

“(M) Gross receipts from lending activities by credit or multi-purpose cooperatives duly registered with the Cooperative Development Authority;

 

“(N) Sales by non-agricultural, non-electric and non-credit cooperatives duly registered with the Cooperative Development AuthorityProvided, That the share capital contribution of each member does not exceed Fifteen thousand pesos (P 15,000) and regardless of the aggregate capital and net surplus ratably distributed among the members;

 

“(O) Export sales by persons who are not VAT-registered;

 

“(P ) Sale of real properties not 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, residential lot valued at One million five hundred thousand pesos (P 1,500,000) and below, house and lot, and other residential dwellings valued at Two million five hundred thousand pesos (P 2,500,000) and below:  Provided, That not later than January 31, 2009 and every three (3) years thereafter, the amounts herein stated shall be adjusted to their present values using the Consumer Price Index, as published by the National Statistics Office (NSO);

 

“(Q) Lease of a residential unit with a monthly rental not exceeding Ten thousand pesos (P 10,000) Provided, That not later than January 31, 2009 and every three (3) years thereafter, the amount herein stated shall be adjusted to its present value using the Consumer Price Index as published by the National Statistics Office (NSO);

 

“(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 advertisements;

 

“(S) Sale, importation or lease of passenger or cargo vessels and aircraft, including engine, equipment and spare parts thereof for domestic or international transport operations;

 

“(T) Importation of fuel, goods and supplies by persons engaged in international shipping or air transport operations;

 

“(U) Services of banks, non-bank financial intermediaries performing quasi-banking functions, and other non-bank financial intermediaries; and

 

“(V) 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 One million five hundred thousand pesos (P 1,500,000):  Provided, That not later than January 31, 2009 and every three (3) years thereafter, the amount herein stated shall be adjusted to its present value using the Consumer Price Index as published by the National Statistics Office (NSO);

 

“(2) A VAT-registered person may elect that Subsection (1) not apply to its sale of goods or properties or services:  Provided, That an election made under this Subsection shall be irrevocable for a period of three (3) years from the quarter the election was made.”

 

SEC. 8.  Section 110 of the same Code, as amended, is hereby further amended to read as follows:

 

“SEC. 110.  Tax Credits.  –

 

“(A) Creditable Input Tax.  –

 

“(1) Any input tax evidenced by a VAT invoice or official receipt issued in accordance with Section 113 hereof on the following transactions shall be creditable against the output tax:

 

“(a) Purchase or importation of goods:

 

“(i) For sale; or

 

“(ii) For conversion into or intended to form part of a finished product for sale including packaging materials; or

 

“(iii) For use as supplies in the course of business; or

 

“(iv) For use as materials supplied in the sale of service; or

 

“(v) For use in trade or business for which deduction for depreciation or amortization is allowed under this Code.

 

“(b) Purchase of services on which a value-added tax has actually been paid.

 

“(2) The input tax on domestic purchase or importation of goods or properties by a VAT-registered person shall be creditable:

 

“(a) To the purchaser upon consummation of sale and on importation of goods or properties; and

 

“(b) To the importer upon payment of the value-added tax prior to the release of the goods from the custody of the Bureau of Customs.

 

“Provided, That the input tax on goods purchased or imported in a calendar month for use in trade or business for which deduction for depreciation is allowed under this Code, shall be spread evenly over the month of acquisition and the fifty-nine (59) succeeding months if the aggregate acquisition cost for such goods, excluding the vat component thereof, exceeds One million pesos (P 1,000,000):  Provided, however, That if the estimated useful life of the capital good is less than five (5) years, as used for depreciation purposes, then the input VAT shall be spread over such a shorter period:  Provided, finally, that in the case of purchase of services, lease or use of properties, the input tax shall be creditable to the purchaser, lessee or licensee upon payment of the compensation, rental, royalty or fee.

 

“(3) x x x .

 

“x x x .

 

“(B) Excess Output or Input Tax.  – If at the end of any taxable quarter the output tax exceeds the input tax, the excess shall be paid by the VAT-registered person.  If the input tax exceeds the output tax, the excess shall be carried over to the succeeding quarter or quarters:  Provided, That the input tax inclusive of input VAT carried over from the previous quarter that may be credited in every quarter shall not exceed seventy percent (70%) of the output VAT:  Provided, however, That any input tax attributable to zero-rated sales by a VAT-registered person may at his option be refunded or credited against other internal revenue taxes, subject to the provisions of Section 112.

 

“(C) x x x .

 

“x x x .”

 

SEC. 9.  Section 111 of the same Code, as amended, is hereby further amended to read as follows:

 

“SEC. 111.  Transitional/Presumptive Input Tax Credits.  –

 

“(A) Transitional Input Tax Credits.  – A person who becomes liable to value-added tax or any person who elects to be a VAT-registered person shall, subject to the filing of an inventory according to rules and regulations prescribed by the Secretary of Finance, upon recommendation of the Commissioner, be allowed input tax on his beginning inventory of goods, materials and supplies equivalent to two percent (2%) of the value of such inventory or the actual value-added tax paid on such goods, materials and supplies, whichever is higher, which shall be creditable against the output tax.

 

“(B) Presumptive Input Tax Credits.  –

 

“Persons or firms engaged in the processing of sardines, mackerel and milk, and in manufacturing refined sugar, cooking oil and packed noodle based instant meals, shall be allowed a presumptive input tax, creditable against the output tax, equivalent to four percent (4%) of the gross value in money of their purchases of primary agricultural products which are used as inputs to their production.

 

          x x x.

 

SEC. 10.  Section 112 of the same Code, as amended, is hereby further amended to read as follows:

 

“SEC. 112.  Refunds or Tax Credits of Input Tax.  –

 

“(A) Zero-Rated or Effectively Zero-Rated Sales.  – Any VAT-registered person, whose sales are zero-rated or effectively zero-rated may, within two (2) years after the close of the taxable quarter when the sales were made, apply for the issuance of a tax credit certificate or refund of creditable input tax due or paid attributable to such sales, except transitional input tax, to the extent that such input tax has not been applied against output tax:  Provided, however, That in the case of zero-rated sales under Section 106(A)(2)(a)(1), (2) and (b) and Section 108 (B)(1) and (2), the acceptable foreign currency exchange proceeds thereof had been duly accounted for in accordance with the rules and regulations of the Bangko Sentral ng Pilipinas (BSP)Provided, further, That where the taxpayer is engaged in zero-rated or effectively zero-rated sale and also in taxable or exempt sale of goods of properties or services, and the amount of creditable input tax due or paid cannot be directly and entirely attributed to any one of the transactions, it shall be allocated proportionately on the basis of the volume of sales:  Provided, finally, That for a person making sales that are zero-rated under Section 108 (B)(6), the input taxes shall be allocated ratably between his zero-rated and non-zero-rated sales.

 

“(B) Cancellation of VAT Registration.  – A person whose registration has been cancelled due to retirement from or cessation of business, or due to changes in or cessation of status under Section 106(C) of this Code may, within two (2) years from the date of cancellation, apply for the issuance of a tax credit certificate for any unused input tax which may be used in payment of his other internal revenue taxes.

 

“(C) Period within which Refund or Tax Credit of Input Taxes shall be Made.  – In proper cases, the Commissioner shall grant a refund or issue the tax credit certificate for creditable input taxes within one hundred twenty (120) days from the date of submission of complete documents in support of the application filed in accordance with Subsection (A) hereof.

 

“x x x.

 

“(D) Manner of Giving Refund.  – Refunds shall be made upon warrants drawn by the Commissioner or by his duly authorized representative without the necessity of being countersigned by the Chairman, Commission on Audit, the provisions of the Administrative Code of 1987 to the contrary notwithstanding:  Provided, That refunds under this paragraph shall be subject to post audit by the Commission on Audit

 

SEC. 11.  Section 113 of the same Code, as amended, is hereby further amended to read as follows:

 

“SEC. 113.  Invoicing and Accounting Requirements for VAT-Registered Persons.  –

 

“(A) Invoicing Requirements.  – A VAT-registered person shall issue:

 

“(1) A VAT invoice for every sale, barter or exchange of goods or properties; and

 

“(2) A VAT official receipt for every lease of goods or properties, and for every sale, barter or exchange of services.

 

“(B) Information Contained in the VAT Invoice or VAT Official Receipt.  – The following information shall be indicated in the VAT invoice or VAT official receipt:

 

“(1) A statement that the seller is a VAT-registered person, followed by his taxpayer’s identification number (TIN);

 

“(2) The total amount which the purchaser pays or is obligated to pay to the seller with the indication that such amount includes the value-added tax:  Provided, That:

 

“(a) The amount of the tax shall be shown as a separate item in the invoice or receipt;

 

“(b) If the sale is exempt from value-added tax, the term “VAT-exempt sale” shall be written or printed prominently on the invoice or receipt;

 

“(c) If the sale is subject to zero percent (0%) value-added tax, the term “zero-rated sale” shall be written or printed prominently on the invoice or receipt;

 

“(d) 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 or receipt shall clearly indicate the breakdown of the sale price between its taxable, exempt and zero-rated components, and the calculation of the value-added tax on each portion of the sale shall be shown on the invoice or receipt:

 

“Provided, That the seller may issue separate invoices or receipts for the taxable, exempt, and zero-rated components of the sale.

 

“(3) The date of transaction, quantity, unit cost and description of the goods or properties or nature of the service; and

 

“(4) In the case of sales in the amount of one thousand pesos (P 1,000) or more where the sale or transfer is made to a VAT-registered person, the name, business style, if any, address and taxpayer identification number (TIN) of the purchaser, customer or client.

 

“(C) Accounting Requirements.  – Notwithstanding the provisions of Section 233, all persons subject to the value-added tax under Sections 106 and 108 shall, in addition to the regular accounting records required, maintain a subsidiary sales journal and subsidiary purchase journal on which the daily sales and purchases are recorded.  The subsidiary journals shall contain such information as may be required by the Secretary of Finance.

 

“(D) Consequence of Issuing Erroneous Vat Invoice or Vat Official Receipt.  –

 

“(1) If a person who is not a VAT-registered person issues an invoice or receipt showing his Taxpayer Identification Number (TIN), followed by the word “VAT”:

 

“(a) The issuer shall, in addition to any liability to other percentage taxes, be liable to: 

 

“(i) The tax imposed in Section 106 or 108 without the benefit of any input tax credit; and

 

“(ii) A 50% surcharge under Section 248 (B) of this code;

 

“(b) The VAT shall, if the other requisite information required under Subsection (B) hereof is shown on the invoice or receipt, be recognized as an input tax credit to the purchaser under Section 110 of this Code.

 

“(2) If a VAT-registered person issues a VAT invoice or VAT official receipt for a VAT-exempt transaction, but fails to display prominently on the invoice or receipt the term “VAT-exempt Sale”, the issuer shall be liable to account for the tax imposed in Section 106 or 108 as if Section 109 did not apply.

 

“(E) Transitional Period. – Notwithstanding Subsection (B) hereof, taxpayers may continue to issue VAT invoices and VAT official receipts for the period July 1, 2005 to December 31, 2005, in accordance with Bureau of Internal Revenue administrative practices that existed as of December 31, 2004.”

 

SEC. 12.  Section 114 of the same Code, as amended, is hereby further amended to read as follows:

 

“SEC. 114.  Return and Payment of Value-Added Tax.  –

 

“(A) x x x .

 

“(B) x x x .

 

“(C) Withholding of Value-Added Tax.  – The Government or any of its political subdivisions, instrumentalities or agencies, including government-owned or –controlled corporations (GOCCs) shall, before making payment on account of each purchase of goods and services which are subject to the value-added tax imposed in Sections 106 and 108 of this Code, deduct and withhold a final value-added tax at the rate of five percent (5%) of the gross payment thereof:  Provided, That the payment for lease or use of properties or property rights to nonresident owners shall be subject to ten percent (10%) withholding tax at the time of payment.  For  purposes of this Section, the payor or person in control of the payment shall be considered as the withholding agent. 

 

          x x x .”

 

SEC. 13.  Section 116 of the same Code, as amended, is hereby further amended to read as follows:

 

“SEC. 116.  Tax on Persons Exempt from Value-Added Tax (VAT).  – Any person whose sales or receipts are exempt under Section 109 (V) of this Code from the payment of value-added tax and who is not a VAT-registered person shall pay a tax equivalent to three percent (3%) of his gross quarterly sales or receipts:  Provided, That cooperatives shall be exempt from the three percent (3%) gross receipts tax herein imposed.”

 

SEC. 14.  Section 117 of the same Code, as amended, is hereby further amended to read as follows:

 

“SEC. 117.  Percentage Tax on Domestic Carriers and Keepers of Garages.  –

 

“Cars for rent or hire driven by the lessee; transportation contractors, including persons who transport passengers for hire, and other domestic carriers by land for the transport of passengers (except owners of bancas and owners of animal-drawn two wheeled vehicle), and keepers of garages shall pay a tax equivalent to three percent (3%) of their quarterly gross receipts.

 

“x x x .”

 

SEC. 15.  Section 119 of the same Code, as amended, is hereby further amended to read as follows:

 

“SEC. 119.  Tax on Franchises.  – Any provision of general or special law to the contrary notwithstanding, there shall be levied, assessed and collected in respect to all franchises on radio and/or television broadcasting companies whose annual gross receipts of the preceding year does not exceed Ten million pesos (P 10,000,000), subject to Section 236 of this Code, a tax of three percent (3%) and on gas and water utilities, a tax of two percent (2%) on the gross receipts derived from the business covered by the law granting the franchise:  Provided, however, That radio and television broadcasting companies referred to in this Section shall have an option to be registered as a value-added taxpayer and pay the tax due thereon:  Provided, further, That once the option is exercised, said option shall be irrevocable.

 

“x x x .”

 

SEC. 16.  Section 121 of the same Code, as amended, is hereby further amended to read as follows:

 

“SEC. 121.  Tax on Banks and Non-Bank Financial Intermediaries Performing Quasi-Banking Functions.  – There shall be collected a tax on gross receipts derived from sources within the Philippines by all banks and non-bank financial intermediaries in accordance with the following schedule:

 

“(a) On interest, commissions and discounts from lending activities as well as income from financial leasing, on the basis of remaining maturities of instruments from which such receipts are derived: 

 

“Maturity period is five years or less                                                                                                                                                    5%

 

“Maturity period is more than five years                                                                                                                                              1%

 

“(b) On dividends and equity shares and net income of subsidiaries                                                                                                       0%

 

“(c) On royalties, rentals of property, real or personal, profits, from exchange and all other items treated as gross income

under Section 32 of this Code                                                                                                                                                              7%

 

“(d) On net trading gains within the taxable year on foreign currency, debt securities, derivatives, and other similar  financial

instruments                                                                                                                                                                                       7%

 

“Provided, however, That in case the maturity period referred to in paragraph (a) is shortened thru pre-termination, then the maturity period shall be reckoned to end as of the date of pre-termination for purposes of classifying the transaction and the correct rate of tax shall be applied accordingly.

 

“Provided, finally, That the generally accepted accounting principles as may be prescribed by the Bangko Sentral ng Pilipinas for the bank or non-bank financial intermediary performing quasi-banking functions shall likewise be the basis for the calculation of gross receipts.

 

“Nothing in this Code shall preclude the Commissioner from imposing the same tax herein provided on persons performing similar banking activities.”

 

SEC. 17.  Section 148 of the same Code, as amended, is hereby further amended to read as follows:

 

“SEC. 148.  Manufactured Oils and Other Fuels.  – There shall be collected on refined and manufactured mineral oils and motor fuels, the following excise taxes which shall attach to the goods hereunder enumerated as soon as they are in existence as such: 

 

“(a) x x x ;

 

“(b) x x x ;

 

“(c) x x x ;

 

“(d) x x x ;

 

“(e) Naphtha, regular gasoline and other similar products of distillation, per liter of volume capacity, Four pesos and thirty-five centavos (P 4.35):  Provided, however, That naphtha, when used as a raw material in the production of petrochemical products or as replacement fuel for natural gas-fired-combined cycle power plant, in lieu of locally-extracted natural gas during the non-availability thereof, subject to the rules and regulations to be promulgated by the Secretary of Energy, in consultation with the Secretary of Finance, per liter of volume capacity, Zero (P 0.00):  Provided, further, That the by-product including fuel oil, diesel fuel, kerosene, pyrolysis gasoline, liquefied petroleum gases and similar oils having more or less the same generating power, which are produced in the processing of naphtha into petrochemical products shall be subject to the applicable excise tax specified in this Section, except when such by-products are transferred to any of the local oil refineries through sale, barter or exchange, for the purpose of further processing or blending into finished products which are subject to excise tax under this Section;

 

“(f) x x x ;

 

“(g) x x x ;

 

“(h) Kerosene, per liter of volume capacity, Zero (P 0.00):  Provided, That kerosene, when used as aviation fuel, shall be subject to the same tax on aviation turbo jet fuel under the preceding paragraph (g), such tax to be assessed on the user thereof;

 

“(i) Diesel fuel oil, and on similar fuel oils having more or less the same generating power, per liter of volume capacity, Zero (P 0.00);

 

“(j) x x x ;

 

“(k) x x x ;

 

“(l) Bunker fuel oil, and on similar fuel oils having more or less the same generating power, per liter of volume capacity, Zero (P 0.00).”

 

SEC. 18.  Section 151 of the same Code, as amended, is hereby amended to read as follows:

 

“SEC. 151.  Mineral Products.  –

 

“(A) Rates of Tax.  – There shall be levied, assessed and collected on minerals, mineral products and quarry resources, excise tax as follows:

 

“(1) x x x ;

 

“(2) x x x .

 

“Notwithstanding the provision of paragraph (4) of Subsection (A) of this Section, locally extracted natural gas and liquefied natural gas shall not be subject to the excise tax imposed herein.

 

“x x x .”

 

SEC. 19.  Section 236 of the same Code, as amended, is hereby further amended to read as follows:

 

“SEC. 236.  Registration Requirements.  –

 

“(A) x x x .

 

“(B) x x x .

 

“(C) x x x .

 

“(D) x x x .

 

“(E) x x x .

 

“(F) Cancellation of Registration.  –

 

“(1) General Rule.  – The registration of any person who ceases to be liable to a tax type shall be cancelled upon filing with the Revenue District Office where he is registered, an application for registration information update in a form prescribed therefor;

 

“(2) Cancellation of Value-Added Tax Registration.  – A VAT-registered person may cancel his registration for VAT if:

 

“(a) He makes written application and can demonstrate to the Commissioner’s satisfaction that his gross sales or receipts for the following twelve (12) months, other than those that are exempt under Section 109 (A) to (U), will not exceed One million five hundred thousand pesos (P 1,500,000); or

 

“(b) He has ceased to carry on his trade or business, and does not expect to recommence any trade or business within the next twelve (12) months.

 

“The cancellation of registration will be effective from the first day of the following month.

 

“(G) Persons Required to Register for Value-added Tax.  –

 

“(1) Any person who, in the course of trade or business, sells, barters or exchanges goods or properties, or engages in the sale or exchange of services, shall be liable to register for Value-added tax if:

 

“(a) His gross sales or receipts for the past twelve (12) months, other than those that are exempt under section 109 (a) to (u), have exceeded One million five hundred thousand pesos (P 1,500,000); or

 

“(b) There are reasonable grounds to believe that his gross sales or receipts for the next twelve (12) months, other than those that are exempt under Section 109 (A) to (U), will exceed one million five hundred thousand pesos (P 1,500,000).

 

“(2) Every person who becomes liable to be registered under paragraph (1) of this Subsection shall register with the Revenue District Office which has jurisdiction over the head office or branch of that person, and shall pay the annual registration fee prescribed in Subsection (B) hereof.  If he fails to register, he shall be liable to pay the tax under Title IV as if he were a VAT-registered person, but without the benefit of input tax credits for the period in which he was not properly registered.

 

“(H) Optional Registration for Value-added Tax of Exempt Person.  – (1) Any person who is not required to register for Value-added tax under Subsection (G) hereof may elect to register for Value-added tax by registering with the Revenue District Office that has jurisdiction over the head office of that person, and paying the annual registration fee in Subsection (B) hereof.

 

“(2) Any person who elects to register under this Subsection shall not be entitled to cancel his registration under Subsection (F)(2) for the next three (3) years.

 

“For purposes of Title IV of this Code, any person who has registered value-added tax as a tax type in accordance with the provisions of Subsection (C) hereof shall be referred to as a “VAT-registered person” who shall be assigned only one Taxpayer Identification Number (TIN).

 

“x x x .”

 

SEC. 20.  Section 237 of the Code, as amended, is hereby amended to read as follows:

 

“SEC. 237.  Issuance of Receipts or Sales or Commercial Invoices.  – All persons subject to an internal revenue tax shall, for each sale and transfer of merchandise or for services rendered valued at Twenty-five pesos (P 25.00) or more, issue duly registered receipts or sale or commercial invoices, prepared at least in duplicate, showing the date of transaction, quantity, unit cost and description of merchandise or nature of service:  Provided, however, That where the receipt is issued to cover payment made as rentals, commissions, compensation or fees, receipts or invoices shall be issued which shall show the name, business style, if any, and address of the purchaser, customer or client.

 

“x x x .”

 

SEC. 21.  Section 288 of the same Code, as amended, is hereby further amended to read as follows:

 

“SEC. 288.  Disposition of Incremental Revenues.  –

 

“(A) x x x .

 

“(B) x x x .

 

“(C) x x x .

 

“(D) Incremental Revenue from the Value-added Tax.  – Fifty percent (50%) of the local government unit’s share from the incremental revenue from the value-added tax shall be allocated and used exclusively for the following purposes:

 

“1.  Fifteen percent (15%) for public elementary and secondary education, to finance the construction of buildings, purchases of school furniture and in-service teacher trainings;

 

“2.  Ten percent (10%) for health insurance premiums of enrolled indigents as a counterpart contribution of the local government to sustain the universal coverage of the national health insurance program;

 

“3.  Fifteen percent (15%) for environmental conservation to fully implement a comprehensive national reforestation program; and

 

“4.  Ten percent (10%) for agricultural modernization to finance the construction of farm-to-market roads and irrigation facilities.

 

“Such allocations shall be segregated as separate trust funds by the national treasury and shall be over and above the annual appropriation for similar purposes.

 

“(E)  The amount of fifteen million pesos (P 15,000,000) shall be allocated for a public information and education program to be administered by the Bureau of Internal Revenue, explaining clearly to businesses their registration, invoicing and reporting requirements under the Value-added Tax rules.  Such program should include seminars and visits to taxpayers to familiarize them with the tax, and the development and publication of easy-to-read guides on the Value-added Tax.”

 

SEC. 22.  Franchises of Domestic Airlines.  – The provisions of P.D. No. 1590 on the franchise tax of Philippine Airlines, Inc., R.A. No. 7151 on the franchise tax of Cebu Air, Inc., R.A. No. 7583 on the franchise tax of Aboitiz Air Transport Corporation, R.A. No. 7909 on the franchise tax of Pacific Airways Corporation, R.A. No. 8339 on the franchise tax of Air Philippines, or any other franchise agreement or law pertaining to a domestic airline to the contrary notwithstanding:

 

(A) The franchise tax is abolished;

 

(B) The franchisee shall be liable to the corporate income tax;

 

(C) The franchisee shall register for value-added tax under Section 236, and to account under Title IV of the National Internal Revenue Code of 1997, as amended, for value-added tax on its sale of goods, property or services and its lease of property; and

 

(D) The franchisee shall otherwise remain exempt from any taxes, duties, royalties, registration, license, and other fees and charges, as may be provided by their respective franchise agreement.

 

SEC. 23.  Implementing Rules and Regulations.  – The Secretary of Finance shall, upon the recommendation of the Commissioner of Internal Revenue, promulgate not later than June 30, 2005, the necessary Rules and Regulations for the effective implementation of this Act.  Upon issuance of the said Rules and Regulations, all former rules and regulations pertaining to value-added tax shall be deemed revoked.

 

SEC. 24.  Repealing Clause.  – The following laws or provisions of laws are hereby repealed and the persons and/or transactions affected herein are made subject to the value-added tax subject to the provisions of Title IV of the National Internal Revenue Code of 1997, as amended:

 

(A)     Section 13 of R.A. No. 6395 on the exemption from value-added tax of National Power Corporation (NPC);

 

(B)     Section 6, fifth paragraph of R.A. No. 9136 on the zero VAT rate imposed on the sales of generated power by generation companies; and

 

(C)     All other laws, acts, decrees, executive orders, issuances and rules and regulations or parts thereof which are contrary to and inconsistent with any provisions of this Act are hereby repealed, amended or modified accordingly.

 

SEC. 25.  Separability Clause.  – If any provision of this Act is subsequently declared unconstitutional, the validity of the remaining provisions hereof shall remain in full force and effect.

 

SEC. 26.  Effectivity Clause.  – This Act shall take effect on July 1, 2005.

 

Approved, May 24, 2005

 

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