The Manila Times

To be VAT or not to be non-VAT registered

- ATTY. PEACHES ARANAS

on, we discussed Revenue Regulation­s ( RR) No. 13-2018,implementi­ng the valueadded tax (VAT) and percentage tax provisions of Republic Act (RA) No. 10963, the “Tax Reform for Accelerati­on and Inclusion” (Train) Law. RR No. 13-2018 took effect January 1, 2018, the effectivit­y date of the Train Law.

With the passage of the Train Law, a ceiling or threshold, which has been set at P3,000,000, has been fixed to determine whether one may register as a VAT taxpayer or a Non-VAT taxpayer. If you will recall, the same P3,000,000 VAT threshold is used to determine the income tax liability of self-employed individual­s and/or profession­als. Under RR 8-2018 (Income Tax Regulation­s), individual­s earning income purely from self- employment and/ or practice of profession whose gross sales/receipts do not exceed the VAT threshold shall have the option to avail of:

The new graduated income tax rates; OR

An 8 percent tax on gross sales or receipts in excess of P250,000 in lieu of the graduated income tax rates and the percentage tax under Section 116 of the Tax Code.

If you’re an existing VAT-registered taxpayer, and your gross sales/ receipts in the preceding taxable year did not exceed the VAT thresh- old of P3,000,000, could you still continue to be a VAT-registered taxpayer? Of course, you can. You just have to avail of the “Optional Registrati­on for Value-Added Tax

- plication for Registrati­on Update

the same with the accompanyi­ng documentar­y requiremen­ts with the BIR. Note that once you’ve availed of this option, you may not cancel your VAT registrati­on for the next three (3) years.

What if you’re an existing VATregiste­red taxpayer, and your gross sales/ receipts in the preceding taxable year did not exceed the VAT threshold of P3,000,000 and you’ve decided to be a Non-VAT registered taxpayer, what are you supposed to do?

Under RR 13-2018, a taxpayer

No. 1905) for an update of registrati­on from VAT to Non-VAT and accomplish the following requiremen­ts:

– Submit an inventory list of unused invoices and/or receipts as

No. 1905, indicating the number of booklets and its correspond­ing serial numbers; and

– Surrender the said invoices and/or receipts for cancellati­on.

Alternativ­ely, upon approval of the BIR, a number of unused VAT invoices/ receipts may still be allowed for use, provided the phrase “Non-VAT registered as of

1905). Not valid for claim of input tax.” shall be stamped on the face of each and every copy, until new registered non-VAT invoices or receipts have been printed and received by the taxpayer.

Quite recently, the Department

has issued RR No. 19-2018 which provides for a deadline, or until August 31, 2018 for taxpayers to use the VAT invoices/receipts as discussed above. Particular­ly, taxpayers have until August 31, 2018, or until receipt of newly-printed registered non-VAT invoices or receipts, whichever comes earlier, to use the VAT invoices/receipts. Upon receipt of the newly-printed registered non-VAT invoices or receipts, the taxpayer shall submit, on the same day, a new inventory list of all unused previously-stamped invoices/ receipts, and surrender them to the BIR for cancellati­on.

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