[Application for PEZA VAT zero rating by email – Roque Law
This article is for general information purposes only and should not be considered as professional advice to a specific issue or entity.
Application for vat zero rating bir – application for vat zero rating bir
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Moreover, RR also deleted the entire provision on the requirement of prior application for VAT zero-rating for all transactions. Others insisted that deleting the provision was an oversight in the drafting of the said regulations. What they perhaps failed to notice was that a change in the nature of the zero-rating of the sales to export processing zones from being effectively zero-rated, to automatic zero-rating, would actually mean that no prior application would be needed, since automatic zero-rating does not require prior application, unlike an effective zero-rating.
Given the landscape, could tax advisories have the same effect as BIR revenue regulations, which overturn RR ? Could it be treated like a Memorandum Circular issued merely for the internal administration of the BIR? It also bears noting that as early as , the Supreme Court held that BIR regulations additionally requiring an approved prior application for effective zero-rating cannot prevail over the clear VAT nature of transactions as can be perused from the supporting documents.
The Supreme Court also held that the additional requirement grants unfettered discretion to officials or agents who, without fluid consideration, are bent on denying a valid application; and that administrative convenience cannot thwart legislative mandate.
This article is for general information only and is not a substitute for professional advice where the facts and circumstances warrant. Cherry Liez O. Planning and careful evaluation before filing of the application to VAT refund are best recommended to generate better results and avoid the negative and costly implications on the application.
Garry is a Certified Public Accountant CPA and a law degree holder in tax practice for about ten 10 years now helping out taxpayers on tax compliance, tax savings, tax assessments, tax refunds, and other related professional tax services. He is presently a frequent speaker of Tax and Accounting Center, Inc. Disclaimer : This article is for general conceptual guidance only and is not a substitute for an expert opinion.
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