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BIR Clarifies Certain Issues Relative to the Implementation of Section 19 of the Ease of Paying Taxes Act Which Added Section 110(D) to the National Internal Revenue Code

On 13 June 2024, the Bureau of Internal Revenue (“BIR”) released Revenue Memorandum Circular No.  65-2024 to set guidelines for the implementation of Section 110(D) of the National Internal Revenue Code, as amended (“Tax Code”), as introduced in the Ease of Paying Taxes Act. 

Section 110(D) of the Tax Code provides that a seller of goods or services may deduct the output value-added tax (“VAT”) pertaining to uncollected receivable from its output VAT on the next quarter, after the lapse of the agreed upon period to pay provided (1) that the seller has fully paid the VAT on the transaction; and (2) that the VAT component of the uncollected receivables has not been claimed as allowable deduction under Section 34(E) of this Code. The provision also states that in case of recovery of uncollected receivables, the output VAT pertaining thereto shall be added to the output VAT of the taxpayer during the period of recovery.

Rationale of Section 110(D)

Section 110(D) is relevant in case of sales made on account. In credit sales, the seller agrees to deliver goods, lease property, or provide services without immediate payment. The seller, who is statutorily liable for the payment of the VAT, pays in advance the VAT passed-on to the buyer to the BIR. In cases where receivables are not collected, the receivables, including the VAT, are considered bad debts. These bad debts are deducted from gross income as per Revenue Regulations (“RR”) No. 5-99, as amended by RR No. 25-2002. Founded on the interests of justice, Section 110(D) allows a VAT-registered seller of goods or services to recoup the VAT paid in advance when such trade receivable has not been collected after the agreed period with the buyer.

Conditions before a Seller can Credit the VAT Paid on the Uncollected Receivables

Only the seller of goods and/or services may deduct output VAT credit corresponding to the uncollected receivables which originates from the sales on account that transpired upon the effectivity of RR No. 3-2024 from the output VAT of the next quarter after the lapse of the agreed upon period to pay.

Before a seller can credit the VAT paid on the uncollected receivables, the following conditions must be met:

  1. The sale or exchange took place after the effectivity of RR No. 3-2024 which is 27 April 2024;
  2. The sale is on credit or on account;
  3. There is a written agreement on the period to pay the receivable (i.e., credit term is indicated on the invoice or any document showing the credit term);
  4. The VAT is separately shown on the invoice;
  5. The sale is specifically reported in the Summary List of Sales covering the period when the sale was made and not reported as part of “various” sales;
  6. The seller declared in the BIR Form No. 2550Q or the quarterly VAT Return (“QVR”) the corresponding output VAT indicated in the invoice within the period prescribed under existing rules;
  7. The period agreed upon, whether extended or not, has lapsed; and
  8. The VAT component of the uncollected receivable was not claimed as a deduction from gross income (i.e. bad debt) pursuant to Section 34(E) of the Tax Code.

The phrase “after the lapse of the agreed upon period to pay” means that the buyer has not fulfilled the promise after the credit term or extended date has lapsed. Further, availing the benefit under Section 110(D) is optional. The seller is not required to automatically credit the VAT paid when a receivable remains uncollected after the agreed term, especially if collection is highly likely.  In addition, this option is available to the seller even without any effort on his part to collect the sales on account.

When can the Seller Claim Output VAT Credit on Uncollected Receivables?

The claim for output VAT credit on uncollected receivables shall be made in the quarter following the lapse of the agreed upon period to pay. For instance, if the date of sale was on the quarter of April to June 2024, and there was a failure to collect the receivable on the end of the following quarter of July to September 2024, then the Seller may claim as output VAT credit in the end of the following quarter which is on 31 December 2024. 

A claim for uncollected receivables may be made only once as a deduction from output VAT of the quarter following the lapse of the agreed period to pay. If there was a failure to make a claim on the corresponding VAT credit on the end of the quarter following the lapse of the agreed period to pay, then the Seller may claim output VAT credit on the uncollected receivable on the immediately succeeding quarter provided that the Seller and Buyer agreed for an extended period to pay.

Since the date of sale was from April to June, and the period to pay was from July to September, you can claim at the end of 31 December 2024.If the sales on account on June 2024 remains uncollected as of January to March 2025, then no claim may be made. However, if the Seller and Buyer agreed to extend the period to pay until December 2024, then a claim for output VAT may be made at the end of the quarter of January to March 2025.

If there is subsequent recovery of uncollected receivables where the output VAT was already claimed as VAT credit, it shall be reported and declared in the taxable quarter in which the recovery or collection is made. Failure to report warrants the application of the penalties under existing rules and regulations.

Effect on Input Tax Claimed by Delinquent Buyer

The input tax claimed by a delinquent buyer shall not be allowed as input VAT credit once the seller claims output VAT credit on such uncollected receivable. 

Issuance of Supplementary Sales Document

The Seller may issue a supplementary sales document such as a credit memo or a credit note on top of the stamping of “Claimed Output VAT Credit” on the invoice. The supplementary sales document must indicate the Invoice of the original transaction declared as uncollected. The Seller shall provide the Buyer a copy of said documents for VAT-deduction purposes. If the seller fails to provide the Buyer such documents, the latter can voluntarily reverse its claimed input VAT credit in its QVR. 

If the Buyer fails to deduct the input VAT from an unpaid account to the Seller in their QVR, they shall be liable for the deficiency VAT due and other applicable statutory penalties, if it was discovered by the BIR after audit or if the buyer decides to amend its QVR to reflect such adjustment.

Treatment of Returned Goods and Recovery of Previously Uncollected Receivables

If goods are returned and accepted by the seller, but the claim for output VAT credit has already been made, the return is treated as a sales return. But there shall be no deduction on sales and output VAT since the claim has already been made. 

In case of partial or full recovery of uncollected receivable, the output VAT pertaining to the partial collection shall accrue and be added to the output VAT of the seller during the period of recovery. 

Issuance of Invoice is not Required upon Recovery of Uncollected Receivable

The seller is not required to issue a new invoice upon recovery of the uncollected receivable. The Seller is only required to stamp the phrase “Recovered” in the “Invoice of Origin” of the transaction, and include the amount collected if partial collection was made. It shall also be made on the same duplicate or triplicate copies of the corresponding invoice.

The seller is not precluded from issuing supplementary sales documents to serve as proof of collection. However, the supplementary sales document must indicate the phrase “Recovery of Previously Reported Uncollected Receivable” and the Invoice of Origin of the transaction previously declared as uncollected. Seller shall provide a copy of the said documents thereafter to the buyer.