TITLE IV — VALUE-ADDED TAX
only one consolidated return shall be filed by the taxpayer for his principal
place of business or head office and all branches.
(B)
Where to File the Return and Pay the Tax. — Except as the
Commissioner otherwise permits, the return shall be filed with and the
tax paid to an authorized agent bank, Revenue Collection Officer or
duly authorized city or municipal Treasurer in the Philippines located
within the revenue district where the taxpayer is registered or required to
register.
(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 beginning
January 1, 2021, the VAT withholding system under this Subsection
shall shift from final to a creditable system:86 Provided, further, That the
payment for lease or use of properties or property rights to nonresident
owners shall be subject to twelve percent (12%)87 withholding tax at
the time of payment: Provided, finally, That payments for purchases of
goods and services arising from projects funded by Official Development
Assistance (ODA) as defined under Republic Act No. 8182, otherwise
known as the ‘Official Development Assistance Act of 1996’, as amended,
shall not be subject to the final withholding tax system as imposed in this
Subsection.88 For purposes of this Section, the payor or person in control
of the payment shall be considered as the withholding agent.
The value-added tax withheld under this Section shall be remitted within
ten (10) days following the end of the month the withholding was made.
SEC. 115. Power of the Commissioner to Suspend the Business Operations
of a Taxpayer. — The Commissioner or his authorized representative is hereby
empowered to suspend the business operations and temporarily close the
business establishment of any person for any of the following violations:
(a) In the Case of a VAT-registered Person. —
(1) Failure to issue receipts or invoices;
(2) Failure to file a value-added tax return as required under Section 114;
or
134
86
Introduced by Section 37 of the TRAIN Law.
87
As amended by Section 37 of the TRAIN Law.
88
Introduced by Section 37 of the TRAIN Law.
Isla Lipana & Co., the Philippine member firm of the PwC network
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