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Tax Alert

12% Value Added Tax on Digital Services

(Republic Act No. 12023, approved and signed by the President of the Philippines on October 02, 2024, and posted on the Official Gazette on October 3, 2024)

This Tax Alert is issued to inform all concerned on the imposition of the 12% value added tax on digital services provided by resident or non-resident and consumed in the Philippines, pursuant to Republic Act (RA) No. 12023.

Digital service refers to any service that is supplied over the internet or other electronic network with the use of information technology and where the supply of the service is essentially automated. Digital services delivered by non-resident digital service providers (DSPs) shall be considered performed or rendered in the Philippines if the digital services are consumed in the Philippines. Digital services shall include:

a. Online search engine;

b. Online marketplace or e-marketplace;

c. Cloud service;

d. Online media and advertising;

e. Online platform; or

f. Digital goods.

Digital service provider refers to a resident or non-resident supplier of digital services to a consumer who uses digitals services subject to value-added tax in the Philippines. Non-resident DSPs are digital service provider that has no physical presence in the Philippines.

The DSP, whether resident or non-resident, shall be liable or assessing, collecting and remitting the VAT subject to the provisions on withholding VAT. 

I. VAT Registration of Non-resident DSPs

DSPs shall be liable to register either electronically or manually, for VAT if:

a. The gross sales for the past 12 months other than those that are VAT-exempt have exceeded the threshold of P3,000,000; or

b. There are reasonable grounds to believe that the gross sales for the next 12 months other than those that are VAT-exempt have exceeded the threshold of P3,000,000.

The BIR shall establish a simplified automated registration system for non-resident DSPs, which shall be prescribed by the Secretary of Finance, upon the recommendation of the Commissioner.

In case the DSP is required but failed to register as a VAT taxpayer, the power of the BIR Commissioner to suspend shall include blocking the digital services performed or rendered in the Philippines by the DSP. This shall be implemented by the Department of Information and Communications Technology (DICT), through the National Telecommunications Commission (NTC).

II. Invoicing and Accounting Requirements of VAT-registered Non-resident DSPs

In lieu of the general VAT invoice, digital sales or commercial invoice shall be issued for every sale, barter, or exchange of digital services made by a VAT-registered non-resident DSP. The invoice shall include the following information:

  1. date of transaction;
  2. transaction reference number;
  3. identification of consumer;
  4. brief description of the transaction; and 
  5. total amount with indication that such amount includes VAT

The requirement to maintain subsidiary sales journal and purchase journal which daily sales and purchases are recorded shall not apply to VAT-registered non-resident DSPs.

III. Remittance of VAT due on digital services rendered by VAT-registered Non-resident DSPs

Is Customer VAT Registered? Remittance of VAT
No The Non-resident DSPs has the obligation to remit 12% VAT on its digital services
Yes The customer is liable to withhold and remit the VAT via reversed charge mechanism (withholding VAT), within 10 days of the following month.

If a VAT-registered non-resident DSP is classified as an online marketplace or e-marketplace, it shall also be liable to remit the VAT on the transactions of non-resident sellers that go through its platform Provided, that it controls key aspects of the supply and performs any of the following: 

a. It sets, either directly or indirectly, any of the terms and conditions under which the supply of goods is made; or

b. It is involved in the ordering or delivery of goods, whether directly or indirectly.

Non-resident DSPs shall not be allowed to claim creditable input tax.

IV. Transactions not covered by VAT on digital services

The following digital services are exempt from 12% VAT:

a. Online courses, online seminars, and online trainings, 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; and sale of online subscription-based services to DepEd, CHED, TESDA, and educational institutions recognized by said government agencies; and 

b. Services of non -bank financial intermediaries performing quasi-banking functions, and other non-bank financial intermediaries rendered through digital platforms. 

V. Withholding of Percentage Taxes

The Secretary of Finance may, upon the recommendation of the Commissioner, require the withholding of percentage taxes imposed under Title V – Other Percentage Taxes of the Tax Code.

VI. Transitory Clause

Non-resident DSPs shall immediately subject to VAT after one hundred twenty (120) days from effectivity of implementing rules and regulations. 

VII. Implementing Rules and Regulations

The Department of Finance (DOF), upon the recommendation of the BIR, and in coordination with the DICT and the NTC, and upon consultation with the stakeholders, shall issue rules and regulations for the effective implementation of this Act not later than ninety (90) days from the effectivity of this Act.

VIII. Effectivity

The Republic Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation. The Act was published in the Official Gazette last October 3, 2024.

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