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What are VAT Exempt Transactions in the Philippines?

By Jude Feliciano

VAT ExemptAfter reading this article, you will know if your transaction is VAT Exempt.

The following are VAT exempt transactions under Section 109 of Tax Code

A. Sale or importation of agricultural, livestock, poultry, and marine food products in their “original state”, Provided, that the food is generally used for human consumption.

Livestock or poultry does not include fighting cocks, racehorses, zoo animals and other animals generally considered as pets.

Polished and/or husked rice, corn grits, raw cane sugar and molasses, ordinary salt and copra shall be considered as agricultural products in their original state.

Bagasse is not included in the exemption provided for under this section.

B. Sale or importation of fertilizers, seeds, seedlings and fingerlings, fish, prawn, livestock and poultry feeds, including ingredients, used in the manufacture of finished feeds except specialty feeds.

Specialty feeds refers to food 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 residents of the Philippines returning from abroad and non-resident citizens coming to resettle in the Philippines.

D. Importation of professional instruments and implements, wearing apparel, domestic animals, and personal household effects except machinery and other goods use in the manufacture and merchandise of any kind in commercial quantity belonging to persons coming to settle in the Philippines.

E. Services subject to Percentage Tax under Title V of the Tax Code.

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

G. Medical, Dental, Hospital and Veterinary Services except those rendered by professional;

H. Educational services rendered by private educational institutions, duly accredited by the Department of Education (DepEd), the Commissions on Higher Education (CHED) the Technical Education and Skills Development Authority (TESDA) and those rendered by the 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 exempt under international agreements to which the Philippines is a signatory under special laws,

Except those under Presidential Decree No. 529 that grant Petroleum Exploration Concessionaires exemption from Custom Duty and Tax of Importation Machinery required for their Exploration Operation.

L. Importation by agricultural cooperatives 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.

N. Sales by non-agricultural, non-electric and non-credit cooperatives.

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.

O. Export sales by person 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 sale residential lot valued at One million five hundred thousand pesos (P1,500,000) and below or sale of house and lot, and other residential dwellings valued at Two Million Five Hundred Thousand Pesos (P2,500,000) and below;

Provided, That 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 or sale of house and lot, and other residential dwellings with selling price of not more than Two Million Pesos (P2,000,000).

Q. Lease of residential unit with a monthly rental not exceeding Fifteen Thousand pesos (P15,000).

R. Sale, importation, printing or publication of books and any newspaper, magazine, review or bulletin which appears at regular intervals with fixed prices or subscription and sale and which is not devoted principally to the publication of paid advertisements.

S. Transport of passengers by international carriers

T. Sale, importation or lease of passenger or cargo vessels and aircraft, including engine, equipment and spare parts thereof for domestic or international carriers.

U. 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.

V. Services of bank, non-bank financial intermediaries performing quasi-banking functions, and other non-bank financial intermediaries.

W. Sale or lease of goods and services to senior citizens and persons with disability, as provided under Expanded Senior Citizen Act of 2010 and An Act Expanding the Benefits and Privileges of Persons with Disability, respectively.

X. Tax-Free Exchanges of Properties pursuant to Section 40 (C) (2) of the NIRC of 1997.

This can be:

1. Transfer to a controlled corporation;

2. Merger or consolidation.

No gain or loss shall be recognized if a property is transferred to a corporation by a person or corporation in exchange for stock.

Y. Association Dues, Membership fees, and other assessments and charges collected by homeowners associations and condominium corporations

Z. Sale of gold to the Bangko Sentral ng Pilipinas (BSP)

AA. Sale of drugs and medicines prescribed for diabetes, high cholesterol, and hypertension beginning January 1, 2019.

BB. Sale or lease of goods 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).


References:

Tax Reform for Acceleration and Inclusion (TRAIN Law)

Regulation Implementing the Value Added Tax Provision under TRAIN Law (RR 13-2018)

Consolidated Value Added Tax Regulations of 2005 (RR 16-2005)


Further Reading:

1. What are VAT Zero Rated Transactions in the Philippines?

2. Value Added Tax in the Philippines


What’s Next?

If you have questions and comments regarding tax, accounting, and business registrations, you can contact us here.

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September 8, 2018

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