Tag: VAT

President Marcos signs into law VAT on foreign digital services

President Marcos signs into law VAT on foreign digital services

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Foreign entities that provide digital services to their customers here in the Philippines will have to pay their fair share of taxes as President Ferdinand “Bongbong” Marcos, Jr., recently signed into law Republic Act Number 12023 (RA12023) which imposes the 12% value-added tax (VAT) on foreign digital service providers (DSPs), according to a Philippine News Agency (PNA) news article.

To put things in perspective, posted below is an excerpt from the PNA news article. Some parts in boldface…

President Ferdinand R. Marcos Jr. signed into law on Wednesday a measure imposing a value-added tax (VAT) on foreign digital services providers (DSPs).

A priority measure of the administration, Republic Act (RA) 12023 imposes a 12 percent VAT on foreign DSPs, such as Netflix, Disney, and HBO, to generate additional revenue for the government.

In his message, Marcos said the new law would level the playing field for local providers.

“If you are reaping the rewards of a fruitful digital economy here, it is only right that you contribute also to its growth. After all, whether you are a small tech startup or a global tech giant based halfway around the world, if you are making money here in the Philippines, you’re a part of our community, and with that comes a shared responsibility,” Marcos said.

According to the President, about PHP105 billion in revenue is expected to be collected in the next five years due to RA 12023.

The amount is enough to build 42,000 classrooms, more than 6,000 rural health units, and 7,000 km of farm-to-market roads, the Chief Executive noted.

Additionally, 5 percent of the revenues generated by the law will be allocated to the local creative industry.

“This means our artists, filmmakers, musicians, the very people who fill our platforms with storage and the content, will directly benefit. It ensures that our creative talents are not just surviving in a competitive digital market, but will be allowed by fairness and progress,” Marcos said.

The President thanked the legislators for passing the measure even as he called on companies covered by the law to support and heed the rules of the Act.

‘Fair and square’ tax policies – Senator Sherwin Gatchalian, meanwhile, said the new law is expected to address revenue losses by clarifying the taxability of non-resident digital service providers and addressing the ambiguity in the previous law.

“We believe in the importance of creating an environment where our digital services providers, whether they are nonresident or local, operate under fair and square tax policies,” Gatchalian said in a statement. He said the new measure does not mean a new tax imposition.

Let me end this post by asking you readers: What is your reaction to this recent development? Do you think the new law will be good for the economy of the Philippines? Do you think that the foreign digital service providers will somehow raise the subscription rates and fees for their customers here in the Philippines in response to the new law?

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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Thank you for reading. If you find this article engaging, please click the like button below, share this article to others and also please consider making a donation to support my publishing. If you are looking for a copywriter to create content for your special project or business, check out my services and my portfolio. Feel free to contact me with a private message. Also please feel free to visit my Facebook page Author Carlo Carrasco and follow me on Twitter at  @HavenorFantasy as well as on Tumblr at https://carlocarrasco.tumblr.com/ and on Instagram athttps://www.instagram.com/authorcarlocarrasco

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House of Representatives approve Marcos-backed VAT refund for outbound foreign tourists bill on 3rd and final reading

House of Representatives approve Marcos-backed VAT refund for outbound foreign tourists bill on 3rd and final reading

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It looks like the Philippines will make a major step forward in the highly competitive field of tourism as the House of Representatives recently approved on 3rd and final reading the proposal on granting Value Added Tax (VAT) refund for outbound tourists, according to a GMA Network news report. The newly approved bill is a measure backed by President Ferdinand “Bongbong” Marcos, Jr.

Having been to Israel recently, I noticed that the VAT refunds for foreign tourists who are about to leave the country is the norm.   

To put things in perspective, posted below is an excerpt from the Manila Bulletin news article. Some parts in boldface…

The House of Representatives on Monday approved on third and final reading a bill granting Value Added Tax (VAT) refund for outbound tourists, a bill backed by President Ferdinand Marcos, Jr.

House Bill 7292 earned 304 “yes” votes, four “no” votes, and zero abstention.

Under the proposed measure, tourists will be eligible for a VAT refund on goods purchased from accredited retailers in the Philippines as long as such goods are taken out of the country within 60 days from the date of purchase and the value of goods purchased per transaction amounts to at least P3,000.

The bill also authorizes the Secretary of Finance to adjust the P3,000 threshold, taking into account the following indicators: administration costs in processing refunds; consumer price index; and other market conditions, upon the recommendation of the Secretary of Tourism and the Commissioner of Internal Revenue.

“This measure [is being passed] to adopt best practices in VAT refund schemes among Asia Pacific tourism destinations and expand the country’s competitiveness among its peers and neighboring countries,” the committee report on the measure read.

The bill defines a “tourist” as a foreign passport holder who is a non-resident individual not engaged in trade or business in the Philippines.

House ways and means panel chairperson Representative Joey Salceda earlier said the measure will generate P10 billion to P40 billion worth of increased sales for local suppliers.

Salceda was one of the principal authors of the measure, alongside House ways and means panel vice chairperson Mikaela Suansing of Nueva Ecija who chaired the technical working group drafting amendments to the original proposed bill.

“Generally, for every P1 refunded, the tourist spends an additional 1.5 pesos. That will create an additional twenty to eighty thousand jobs, and will also improve our gross international reserves,” Salceda said.

The above report ended stating that the newly approved measure was recommended to the Marcos administration by the Private Sector Advisory Council (PSAC), a group composed of business leaders and industry experts providing technical advice to the President. Take note that last year, the Philippines attracted over 2.6 million foreign tourists and generated P200 billion worth of tourism revenue.

Let me end this piece by asking you readers: What is your reaction to this recent development? Do you think the newly approved measure will pass in the Philippine Senate soon? Do you think the measure will make the Philippines more competitive in international tourism?

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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Thank you for reading. If you find this article engaging, please click the like button below, share this article to others and also please consider making a donation to support my publishing. If you are looking for a copywriter to create content for your special project or business, check out my services and my portfolio. Feel free to contact me with a private message. Also please feel free to visit my Facebook page Author Carlo Carrasco and follow me on Twitter at  @HavenorFantasy as well as on Tumblr at https://carlocarrasco.tumblr.com/ and on Instagram athttps://www.instagram.com/authorcarlocarrasco

Senior Citizen Files Complaint Versus BF Homes Food Joint Over Refusal To Give Him Mandated 12% VAT Exemption (UPDATED: August 24, 2019)

Senior Citizen Files Complaint Versus BF Homes Food Joint Over Refusal To Give Him Mandated 12% VAT Exemption (UPDATED: August 24, 2019)

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Prominently displayed along Aguirre Avenue inside BF Homes subdivision, Parañaque City is this sign emphasizing Philippine senior citizens’ entitlement to 20% discount and exemption from 12% value-added tax.

Are you a senior citizen whose benefit under the national law was denied by a local business? Are you aware of the benefits for senior citizens under Republic Act Number 9994 (Full title: An Act Granting Additional Benefits and Privileges to Senior Citizens, further amending Republic Act No. 7432, As Amended, Otherwise Known As “an Act To Maximize The Contribution Of Senior Citizens To Nation Building, Grant Benefits And Special Privileges And For Other Purposes. Short title: Expanded Senior Citizens Act of 2010) whenever you purchase food and/or beverage in a restaurant?

Why did I ask you these questions and mentioned RA 9994? It’s quite simple – a senior citizen in BF Homes, Parañaque City filed a formal complaint against a certain food joint which refused to grant him his exemption from the 12% Value-Added Tax (VAT) when he dined at the said joint.

Here is the story with details from documents I acquired.

On June 10, 2019, Jose Luis Matti and his daughter dined at a restaurant (clue: a burger joint whose business name will be revealed in due time) along Aguirre Avenue, BF Homes subdivision, Parañaque City. He ordered food and drinks and, under law, the discounts are limited only to food and drinks he ordered for his consumption as he is a senior citizen

The problem was that, according to Matti, the restaurant applied the 20% discount for senior citizens and yet denied him his mandated benefit of exemption from the VAT. In his June 17, 2019 letter addressed to restaurant’s owner, Matti said that the restaurant personnel he encountered on June 10 claimed they were instructed (by the owner) not to give him the 12% VAT exemption. Photocopies of the receipts were included on the said letter.

As a result, Matti filed a formal complaint against the restaurant at the Office of Senior Citizen Affairs of Parañaque City (OSCA-Parañaque) urging officer-in-charge Dante Pacheco to take action against the food joint (as per his July 12, 2019 letter to Pacheco received by the said office).

A hearing between Matti and the food joint’s owner will happen very soon at OSCA’s office at Parañaque City Hall.

I visited the restaurant along Aguirre Avenue inside BF Homes to try to meet the owner and get feedback directly from him but the personnel told me over the counter that their boss was out of town.

Understanding the legal aspect

It is stated under RA 9994 (Rule IV, Article 7) that senior citizens shall be entitled to the grant of twenty percent (20%) discount and to an exemption from the value-added tax (VAT), IF APPLICABLE, on the sale of the goods and services covered by Section 1 to 6 of this Article, from all establishments for the exclusive use and enjoyment or availment of senior citizens.

Section 3 (Rule IV, Article 7) includes restaurants, hotels, recreational centers, places of leisures and funeral services with regards to the above mentioned 20% discount and VAT exemption.

Item b (under Section 3, Rule IV, Article 7) focuses on restaurants. It states that the discount shall be for the purchase of food, drinks, dessert, and other consumable items served by the establishments offered for the consumption of the general public.

Item c states for Dine-in services under paragraphs (a) and (b) of Section 3, and Section 4, paragraph 2 of Article 7, the privilege must be personally availed of by the senior citizen as defined under these Rules, and no proxies or authorization in favor of another person who is not a senior citizen will be honored.

Item e states Food, drinks and other consumable items provided in Section 3 (a) and (b), and Section 4, paragraph 2 of Article 7 purchased by the senior citizen shall be processed separately as an independent transaction from his/her non-eligible companions to ensure that it is his/her exclusive consumption and to enable computation of the 20% discount and the exemption from the Value Added Tax (VAT), which only the senior citizen is entitled to.

However, if the group of diners is composed entirely of senior citizens, all of whom present valid senior citizens IDs, each shall be entitled to a 20% discount and exemption from Value Added Tax.

Conclusion

This is an ongoing community development and if any breakthroughs happen, an update will be posted.

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UPDATE!

The hearing between Mr. Matti and the restaurant at the Office of Senior Citizen Affairs of Parañaque City (OSCA-Parañaque) at City Hall scheduled for August 20, 2019 did not push through due to the absence of the restaurant owner.

As such, the hearing will have to be rescheduled.

The restaurant accused in this conflict is Big Brat Burger.