Summary
RMC No. 39-2011 implements Section 108 of the NIRC on Tollway Operators, in relation to Supreme Court En Banc Decision G. R. No. 193007 dated July 21, 2011, by imposing VAT on their gross receipts.
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Key points
- VAT start. VAT applies to the Gross Receipts of Tollway Operators from all types of vehicles starting 12:01 am of October 1, 2011.
- Past assessments. Operators assessed for VAT on toll fees for prior periods can apply for abatement of the tax, surcharge, interest and penalties under Section 204 of the NIRC and Revenue Regulations No. 13-2001.
- Memorandum of Undertaking. All Tollway Operators must sign and submit a Memorandum of Undertaking on VAT implementation, in the format in Annex A, on or before October 1, 2011.
- Input VAT. The accumulated input VAT account has a zero balance on October 1, 2011. Later input VAT must be for goods delivered and invoiced, or services rendered and receipted, on or after that date. No tax credit or refund claims are allowed for VAT passed on to operators on purchases before October 1, 2011.
- Invoice format. Operators must comply with the invoice/receipt format prescribed in RMC No. 40-2005.
Who is affected
- Tollway Operators
Deadlines and effectivity
- VAT starts 12:01 am of October 1, 2011
- MOU due on or before October 1, 2011
Summary by Tax Resources PH. It is not a substitute for the full text of the issuance or professional advice.
Copies of BIR issuances are hosted here for reference. For the official version, check bir.gov.ph. Summaries by Tax Resources PH are not a substitute for the full text or professional advice.