TITLE IV — VALUE-ADDED TAX
the input tax shall be creditable to the purchaser, lessee or licensee
upon payment of the compensation, rental, royalty or fee.
(3) A VAT-registered person who is also engaged in transactions not
subject to the value-added tax shall be allowed tax credit as follows:
(a) Total input tax which can be directly attributed to transactions
subject to value-added tax; and
(b) A ratable portion of any input tax which cannot be directly
attributed to either activity.
The term ‘input tax’ means the value-added tax due from or paid
by a VAT-registered person in the course of his trade or business
on importation of goods or local purchase of goods or services,
including lease or use of property, from a VAT-registered person. It
shall also include the transitional input tax determined in accordance
with Section 111 of this Code.
The term ‘output tax’ means the value-added tax due on the sale
or lease of taxable goods or properties or services by any person
registered or required to register under Section 236 of this Code.
(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 VATregistered person. If the input tax exceeds the output tax, the excess shall
be carried over to the succeeding quarter or quarters: 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)
Determination of Creditable Input Tax. — The sum of the excess input
tax carried over from the preceding month or quarter and the input tax
creditable to a VAT-registered person during the taxable month or quarter
shall be reduced by the amount of claim for refund or tax credit for valueadded tax and other adjustments, such as purchase returns or allowances
and input tax attributable to exempt sale.
The claim for tax credit referred to in the foregoing paragraph shall
include not only those filed with the Bureau of Internal Revenue but
also those filed with other government agencies, such as the Board of
Investments and the Bureau of Customs.
SEC. 111. Transitional/Presumptive Input Tax Credits. —
(A)
Transitional Input Tax Credits. — A person who becomes liable to valueadded 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
National Internal Revenue Code of 1997 (as amended by the TRAIN Law, RAs 11256, 11346 and 11467)
129
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents