29/09/2025
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The (SC) has clarified that domestic market enterprises can enjoy the zero-rated Value-Added Tax (VAT) incentive under Republic Act No. 11534, or the 𝘊𝘰𝘳𝘱𝘰𝘳𝘢𝘵𝘦 𝘙𝘦𝘤𝘰𝘷𝘦𝘳y 𝘢𝘯𝘥 𝘛𝘢𝘹 𝘐𝘯𝘤𝘦𝘯𝘵𝘪𝘷𝘦𝘴 𝘧𝘰𝘳 𝘌𝘯𝘵𝘦𝘳𝘱𝘳𝘪𝘴𝘦𝘴 (𝘊𝘙𝘌𝘈𝘛𝘌) 𝘈𝘤𝘵.
In a Decision written by then Associate Justice Mario V. Lopez (retired), the SC 𝘌𝘯 𝘉𝘢𝘯𝘤 declared Rule 18, Section 5 of the Implementing Rules and Regulations (IRR) of the 𝘊𝘙𝘌𝘈𝘛𝘌 𝘈𝘤𝘵
and several Bureau of Internal Revenue (BIR) issuances void for unlawfully limiting which businesses could avail of the VAT incentive.
The 𝘊𝘙𝘌𝘈𝘛𝘌 𝘈𝘤𝘵, passed in 2021, grants registered business enterprises (RBEs) VAT exemption on importation and VAT zero-rating on local purchases of goods and services that are directly and exclusively used in their registered project or activity. RBEs include both domestic market enterprises and registered export enterprises.
However, the Department of Trade and Industry (DTI) and the Department of Finance (DOF) later issued the IRR, which excluded domestic market enterprises from enjoying zero-rated VAT incentives on their business purchases.
The Bureau of Internal Revenue (BIR) followed with the issuance of Revenue Regulations No. 21-2022 and Revenue Memorandum Circulars No. 24-2022 and 49-2022, which clarified that only registered export enterprises were entitled to the incentive.
Petitioner Subic Bay Freeport Chamber of Commerce, Inc. and taxpayer Benjamin E. Antonio III filed a petition for declaratory relief, arguing that the IRR and the BIR regulations unfairly excluded domestic market enterprises from the benefits granted by the law.
The SC ruled that the IRR and the BIR regulations were invalid for adding restrictions not found in the 𝘊𝘙𝘌𝘈𝘛𝘌 𝘈𝘤𝘵 The SC stressed that the law clearly covers all RBEs, including domestic market enterprises.
The SC emphasized that government agencies like the DTI and DOF cannot go beyond what the law allows. Since the law includes domestic businesses as RBEs, the IRR cannot exclude them from receiving the incentives.
Read the full text of the Press Release at https://sc.judiciary.gov.ph/?p=152408.
Read the full text of the Decision at https://sc.judiciary.gov.ph/?p=152369.
Read the Concurring Opinion of Senior Associate Justice Marvic M.V.F. Leonen at https://sc.judiciary.gov.ph/?p=152400.
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