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The Bureau of Internal Revenue (BIR) has issued Revenue Regulations (RR) No. 03-2025 to set the implementing rules and regulations (IRR) for Republic Act (RA) No. 12023, otherwise known as value added tax (VAT) on digital services.

Covered Transactions

Transactions covered are:

  1. digital services, which refers to services provided via the internet or other electronic network with the use of information technology and where the supply of the service is essentially automated; and 
  2. digital goods, which are intangible goods delivered or transferred in digital form. 

Excluded from the coverage are:

  1. educational services such as online courses, online seminars, and online trainings rendered by recognized institutions, rendered by private educational institutions, duly accredited by the Department of Education (DepEd), the Commission on Higher Education (CHED), the Technical Education and Skills Development Authority (TESDA), and those rendered by government educational institutions;
  2. online subscription-based services to DepEd, CHED, TESDA and educational institutions recognized by said government agencies; and       
  3. services provided by banks and non-bank financial intermediaries through digital platforms. 

DSP refers to an individual or juridical, resident or non-resident supplier of digital services to a buyer who uses the digital services in the Philippines. DSPs with no physical presence in the Philippines are referred to as nonresident DSPs. 

Tax Treatment

A 12% VAT shall be imposed on the gross sales derived by DSPs from the supply or delivery of digital services consumed in the Philippines. To ascertain whether a digital service is consumed in the Philippines, data such as payment information (e.g., credit card or bank account details), buyer’s residence information (e.g., home or billing address), access details (e.g., mobile country code or IP address), and other references (e.g., business agreement, predominant place of consumption, language of digital content) may be considered, in order to reliably determine the buyer’s location.

In case the transaction is in foreign currency, DSPs shall convert the amounts into Philippine Pesos using the daily or monthly spot rate based on the Banker’s Association of the Philippines (BAP) published rates. If this is impractical, other available sources such as BSP, Bloomberg, and Reuters exchange rates may be used. The chosen basis of conversion is irrevocable and must be consistently applied in tax reporting for at least one taxable year.

If rates other than those published by BAP are used, DSPs must provide a justification in the VDS Portal. Additionally, DSPs must specify the source of the exchange rates for BIR verification.

Penalty on Non-Compliance

Failure of DSPs to comply with the IRR shall prompt the Commissioner of Internal Revenue or his duly authorized representative to issue an order to close the business operations, block the DSPs’ digital services in the Philippines, and sanction administrative or criminal liabilities under the Run After Tax Evaders (RATE) Program.

Effectivity

The IRR for VAT on digital services is effective February 1, 2025, or 15 days from January 17, 2025, which is the date of publication. DSPs shall register or update their registrations with the BIR by April 1, 2025, or 60 days from the effectivity of the IRR for VAT on digital service. Furthermore, DSPs shall immediately be subject to VAT on digital services on June 1, 2025, or after 120 days from the effectivity of the IRR for VAT on digital services.

Please be guided accordingly.

 

Source: 

P&A Grant Thornton 

Certified Public Accountants 

P&A Grant Thornton is the Philippine member firm of Grant Thornton International Ltd.

 

As published in SunStar Cebu, dated 08 February 2025