Depreciation and amortization are as relevant to valueadded tax (VAT) as they are to income tax. Only a "reasonable allowance" of input taxes can be claimed from capital goods. For VAT purposes, amortization of input tax credits only applies when the aggregate costs of importations or local purchases of capital goods exceed P1,000,000, exclusive of VAT.
Depreciation and amortization are as relevant to valueadded tax (VAT) as they are to income tax. Only a "reasonable allowance" of input taxes can be claimed from capital goods. For VAT purposes, amortization of input tax credits only applies when the aggregate costs of importations or local purchases of capital goods exceed P1,000,000, exclusive of VAT.
Depreciation and amortization are as relevant to valueadded tax (VAT) as they are to income tax. Only a "reasonable allowance" of input taxes can be claimed from capital goods. For VAT purposes, amortization of input tax credits only applies when the aggregate costs of importations or local purchases of capital goods exceed P1,000,000, exclusive of VAT.
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Amortization of input tax on capital goods
When it comes to capital goods, depreciation and amortization are as relevant to value- added tax (VAT) as they are to income tax. As in income tax, goods are classified as either ordinary (or simply goods) or capital goods for VAT purposes.
Amending the provisions on VAT of the National Internal Revenue Code of 1997 (NIRC), Republic Act No. (R.A.) 9337 removed the remedy of taxpayers to file a claim for refund or to be issued a tax credit certificate for excess input taxes from imported or locally purchased capital goods. Furthermore, R.A. 9337 also impeded the immediate availability of the full amount of input taxes paid on imported or locally purchased capital goods, requiring taxpayers to amortize their claim for input tax credits arising from such importations or local purchases. Analogous to depreciation deductions from gross income for depreciable assets, only a reasonable allowance of input taxes can be claimed by a taxpayer from importations or local purchases of capital goods. Nonetheless, different rules still apply to depreciation and amortization in the income tax context, on one hand, and VAT, on the other.
For VAT purposes, amortization of input tax credits on depreciable goods only applies when the aggregate costs of importations or local purchases of capital goods in a calendar month exceeds P1,000,000, exclusive of VAT. Otherwise, the full amount of input taxes may be credited against output taxes of the taxpayer in the month of acquisition. However, it must be noted that the Bureau of Internal Revenue (BIR) issued Revenue Regulations clarifying that aggregate acquisition cost of a depreciable asset in any calendar month refers to the total price agreed upon for one or more assets acquired, but not to the payments actually made during any calendar month (Revenue Regulations Nos. 16-05, September 1, 2005 and 04-07, February 7, 2007) Thus, an asset acquired on installment for an acquisition cost of more than P1,000,000, excluding VAT, will still be subject to amortization of input taxes although the installments do not exceed P1,000,000 per month.
Also, while R.A. 9337 makes reference to deduction for depreciation is allowed under the Tax Code and Revenue Regulations of the BIR refer to depreciable assets for income tax purposes (Revenue Regulations No. 16-05) and goods or properties with estimated useful life greater than one (1) year and which are treated as depreciable assets under Section 34(F) of the Tax Code, R.A. 9337 provides a definite method of amortizing input taxes from acquisition of capital goods. Thus, Section 110 (A) of the Tax Code, as amended, particularly provides that where the aggregate acquisition costs of depreciable assets for a calendar month exceeds P1,000,000 excluding VAT component, input taxes therefrom shall be spread evenly over the month of acquisition and the succeeding 59 months. On the other hand, if the estimated useful life of the depreciable asset is less than five years, then the input taxes shall be spread for such shorter period. This should not be confused with the manner of determining reasonable allowance for depreciation deduction for income tax purposes under Section 34(F) of the Tax Code, i.e. using certain methods and rates in accordance with rules and regulations prescribed by the Secretary of Finance, upon recommendation of the Commissioner of Internal Revenue (CIR), or based on an agreement in writing between the taxpayer and the CIR dealing specifically with the useful life and rate of depreciation of the asset(s).
Moreover, in order for input taxes from importations or local purchases of capital goods to be creditable against output tax liabilities of a taxpayer, such should be attributable to transactions subject to VAT. This means that the capital goods acquired are used directly or indirectly in the production or sale of taxable goods or services. Input taxes attributable to VAT-exempt sales, on the other hand, are not treated as credit against output tax liabilities but as part of cost or expense of the taxpayer. In case the input taxes of a taxpayer cannot be directly attributed to either VAT-taxable or VAT-exempt transaction, the input taxes should be pro-rated accordingly, and only the ratable portion pertaining to transactions subject to VAT may be recognized as input tax credit.(Section 4.110-4 of Revenue Regulations 16-05, as amended by Revenue Regulations No. 04- 07). These qualifications as to the use of the depreciable goods, i.e. whether they are for VAT-taxable or VAT-exempt transactions are not relevant in computing and claiming deductible depreciation allowances for purposes of computing income tax liabilities of the taxpayer.
Likewise, the BIR provides special rules in claiming input taxes with respect to so-called Constructions in Progress (CIP) or the costs of construction work which is not yet completed. Normally, it is only upon completion that a CIP item is reclassified then capitalized and depreciated. The BIR does not consider CIP costs as acquisition of capital goods for VAT purposes. Generally speaking, CIPs are considered as purchases of services. Hence, input taxes incurred by a taxpayer in CIPs are not subject to amortization. Where only labor will be supplied by the contractor and the materials will be purchased by the taxpayer from other suppliers, input tax credits on the labor contracted may still be recognized on the month the payment was made based on progress billings while input taxes on the purchase of the materials could also be recognized at the time the materials were bought. Simply put, the full amount of input taxes incurred by a taxpayer can be immediately recognized and off-set against his output taxes in the month payments were made, subject to the condition that no additional input tax can be claimed by the taxpayer upon completion of the asset when it has been reclassified as a depreciable capital asset and depreciated. What come into play then would be the rules under Section 34(F) of the Tax Code on claiming depreciation allowances from gross income of the taxpayer for purposes of computing his income tax liabilities.
Based on the foregoing, while depreciation and amortization are pertinent to both income tax and VAT, particularly in computing the reasonable depreciation allowance to be deducted from the gross income of a taxpayer and the input taxes from importations or local purchases of capital goods, each context still remains to be governed by different rules which are not to be confused.