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BIR Revenue Regulations No. 1-2010Tooltip 02/02/2010 Hits: 3

BUREAU OF INTERNAL REVENUE

 

Revenue Regulations No. 1-2010

 

Amending Further Section 3 of Revenue Regulations (RR) No. 9-2001, as

last Amended by RR No. 10-2007, Expanding the Coverage of Taxpayers

Required to File Returns and Pay Taxes Through the Electronic Filing

and Payment System (EFPS) of the Bureau of Internal Revenue

 

Adopted: 21 Jan. 2010

Date Filed: 02 February 2010

 

 

SECTION 1. Scope - Pursuant to the provisions of Section 244 of the National Internal Revenue Code of 1997, as last amended by Republic Act (RA) No. 9337, these regulations are hereby promulgated in order to further amend Section 3 of RR No. 9-2001, as last amended by RR No. 10-2007, by expanding the coverage thereof to include enterprises registered with the : (i) Philippine Economic Zone Authority pursuant to RA No. 7916, as amended by RA No. 8748; (ii) Board of Investments pursuant to Executive Order (EO) No. 226, as amended (iii) various zone authorities covered under RA No. 9400 (Subic Special Economic Zone, Clark Special Economic Zone and Clark Freeport Zone,. Poro Point Freeport Zone, Morong Special Economic Zone, John Hay Special Economic Zone); (iv) Cagayan Special Economic Zone Authority pursuant to RA No. 7922; (v) Export Development Council pursuant to RA No. 7844; (vi) Tourism Infrastructure and Enterprise Zone Authority pursuant to RA No. 9593; and (vii) PHIVIDEC Industrial Authority pursuant to Presidential Decree (PD) No. 538, as amended by PD No. 1491 and EO 443.

 

SECTION 2. Coverage - Section 3 of Revenue Regulations (RR) No. 9-2001, as last amended by RR No. 10-2007, is hereby further amended to read as follows:

 

“Section 3. COVERAGE - xxx xxx xxx

Xxx xxx xxx

 

3.3 Other Taxpayers -

 

3.3.1 Xxx xxx xxx;

Xxx xxx xxx

 

3.3.4 Enterprises enjoying fiscal incentives granted by other government agencies such as those registered with the: (i) Philippine Economic Zone Authority pursuant to R.A. No. 7916, as amended by RA No. 8748; (ii) Board of Investments pursuant to EO 226, as amended; (iii) various zone authorities covered under RA No. 9400 (Subic Special Economic Zone, Clark Special Economic Zone and Clark Freeport Zone, Poro Point Freeport Zone, Morong Special Economic Zone, John Hay Special Economic Zone); (iv) Cagayan Special Economic Zone Authority pursuant to RA No. 7922; (v) Export Development Council pursuant to RA No. 7844; (vi) Tourism Infrastructure and Enterprise Zone Authority pursuant to RA No. 9593; and (vii) PHIVIDEC Industrial Authority pursuant to PD No. 538, as amended by PD No. 1491 and EO No. 443.

 

xxx xxx xxx”

 

SECTION 3. Repealing Clause - The provisions of other revenue issuances inconsistent herewith are hereby repealed, modified or amended accordingly.

 

SECTION 4. Effectivity Clause - These Regulations shall take effect after fifteen (15) days following the publication in a newspaper of general circulation.

(SGD.) MARGARITO B. TEVES

Secretary of Finance

 

Recommending Approval:

 

(SGD.) JOEL L. TAN-TORRES

Commissioner of Internal Revenue

 

 

 

BIR Revenue Memorandum Circular No. 72-2009Tooltip 02/02/2010 Hits: 5

BUREAU OF INTERNAL REVENUE

 

Revenue Memorandum Circular No. 72-2009

 

Value-Added Tax (VAT) Liability of the Tollway Operators

 

Adopted: 21 Dec. 2009

Date Filed: 02 February 2010

 

 

This Circular is being issued as a reiteration of Revenue Memorandum Circular (RMC) No. 52-2005 imposing the Value Added Tax (VAT) on the Tollway Operators.

 

This is premised on Section 108(A) of the National Internal Revenue Code (hereinafter referred to as the “Tax Code”) as amended by Republic Act No. 9337 (dated May 24, 2005), which holds that:

 

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

 

(A) Rate and base of tax. -

 

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... services of franchise grantees of electric utilities, telephone and telegraph, radio and television broadcasting and all other franchise grantees except those under Sec. 119 of this Code...” (Underscoring and italics supplied)

 

By way of further clarification, the exception provided under Section 119 of the Tax Code, as amended by R.A. No. 9337, is prescribed 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 do not exceed Ten million pesos (P10,000,000.00) ... and on gas and water utilities..” (Underscoring and italics supplied)

 

In this regard, it is hereby reiterated that the sale of services of franchise grantees except those excluded under the above-quoted Sec. 119 of the Tax Code is subject to VAT.

Accordingly, the services being rendered by the Tollway Operators which do not fall under the exceptions specified under Sec. 119 of the Tax Code (as amended) are subject to VAT.

 

The tax issues, including VAT, of all Tollway Operators for the years 2007 to 2009 shall be under the jurisdiction of the Task Force on Tollway Operators created pursuant to Revenue Special Order No. 617-2009.

 

All Tollway Operators are required to follow the invoicing/receipting format prescribed in RMC No. 40-2005.

 

All revenue officials and employees are enjoined to give this Revenue Memorandum Circular as wide a publicity as possible.

 

 

(SGD.) JOEL L. TAN-TORRES

Commissioner of Internal Revenue

 

 

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