Philippines Supreme Court Upholds Law Granting VAT Refund To Foreign Tourists

Remember the law granting value-added tax refund (VAT refund) to foreign tourists signed a few years ago? That law was challenged and recently the Supreme Court of the Philippines upheld the constitutionality of Republic Act 12079 (the act creating a VAT refund mechanism for non-resident tourists), according to a news report by GMA News.

To put things in perspective, posted below is an excerpt from the report of GMA News. Some parts in boldface…

The Supreme Court (SC) has upheld the constitutionality of a law that grants value-added tax (VAT) refunds on select local purchases by non-resident foreign tourists.

In a 30-page decision, the SC En Banc dismissed a petition challenging the validity of Republic Act 12079, or an act creating a VAT refund mechanism for non-resident tourists, adding Section 112-A to the National Internal Revenue Code.

“Granting VAT refund to foreign tourists was not arbitrarily done. It is a policy decision based on legitimate state interests, i.e. the need to remain competitive as a global tourist destination,” the SC said.

“In fine, foreign tourists may be granted privileges and benefits that are not extended to Filipino citizens, so as long as these distinctions are based on reasonable and justifiable classifications, as in here,” it added.

According to the SC, the VAT refund applies to goods brought from duly accredited stores and taken out of the country within 60 days from purchase. The goods must be priced at least P3,000 per transaction.

Meanwhile, the SC said Section 5 of the law’s implementing rules and regulations limit the refund to retail and tangible goods, including clothing, apparel, electronics, gadgets, jewelry, accessories, souvenirs, food or non-food consumables, and other items intended for personal use.

The petitioner, however, argued that the law violates the constitutional guarantee of equal protection as it excludes Filipino citizens.

For its part, the SC said equal protection does not require identical treatment for all persons.

It said the act also distinguishes foreign tourists from Filipino citizens.

According to the SC, the VAT refund system follows the basic rule of VAT that goods are taxed where they are consumed. If the goods are consumed in the Philippines, they remain subject to Philippine VAT.

Meanwhile, the SC added that VAT refund for foreign tourists is a well-established international practice.

“The Philippines is among the last few countries in Asia to adopt such a system. Our Asian neighbors, Indonesia, Malaysia, Singapore, Thailand, Vietnam, China, and Japan have long implemented this VAT refund mechanism for foreign tourists,” it said.

Let me end this post by asking you readers: What is your reaction to this recent development? Do you agree with the Supreme Court’s decision on the law about VAT refund for foreign tourists? Apart from the VAT refund for foreign tourists, what problems that plagued the Philippine tourism industry should the government solve this year?

You may answer in the comments below. If you prefer to answer privately, you may do so by sending me a direct message online.

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