SyCipLaw’s Tax Department has prepared an international edition of its Tax Issues and Practical Solutions (T.I.P.S.) for the second quarter of 2023.
The SyCipLaw T.I.P.S – International Edition covers the following tax issues:
- May a public utility treat corporate income taxes as operating expenses for purposes of computing rates chargeable to consumers?
- For input value-added tax (“VAT”) refund claims filed prior to RMC No. 54-2014 (issued on June 11, 2014), is the 120-day period for the Bureau of Internal Revenue (“BIR”) to decide a claim for refund of excess unutilized input VAT attributable to zero-rated sales counted from the date of filing of the application for refund or from the date of the submission of the complete documents?
- Is a Renewable Energy (“RE”) Developer’s registration with the Department of Energy (“DOE”) a pre-requisite for its entitlement to the VAT incentive provided by Republic Act No. 9513 or the “Renewable Energy Act”?
- Are sales by a renewable energy developer entitled to zero-rated VAT prior to the issuance of a Certificate of Compliance by the Energy Regulatory Commission?
- What is the difference between a tax and a regulatory/license fee imposed by a local government unit?
- May a VAT-registered taxpayer file VAT returns and pay the corresponding VAT liabilities on a monthly basis notwithstanding the amendment introduced by Section 37 of the TRAIN Law requiring the filing and payment of VAT returns on a quarterly basis?
- May an economic zone developer and operator be classified as an export enterprise and hence be granted VAT incentives?
- Are IPA-registered enterprises conducting energy projects entitled to an Income Tax Holiday (“ITH”) incentive on all their revenues from the sales of electricity?
- Is Clark Development Corporation (“CDC”) entitled to fiscal incentives (i.e., preferential tax rate of 5% on gross income in lieu of national and local taxes) granted to registered business enterprises (“RBEs”)?