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    Determination of The Prescriptive Period For Filing A Tax Refund or Credit of Unutilized Input VAT

    Uploaded by

    Gela Bea Barrios
    Determination of  the Prescriptive Period  for  Filing  a  Tax  Refund  or  Credit  of Unutilized  Input  VAT 

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Determination of The Prescriptive Period For Filing A Tax Refund or Credit of Unutilized Input VAT

    Uploaded by

    Gela Bea Barrios
    57 views1 page
    Determination of  the Prescriptive Period  for  Filing  a  Tax  Refund  or  Credit  of Unutilized  Input  VAT 

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    Determination of  the Prescriptive Period  for  Filing  a  Tax  Refund  or  Credit  of Unutilized  Input  VAT 

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    Determination of  the Prescriptive Period  for  Filing  a  Tax  Refund  or  Credit  of Unutilized  Input  VAT 

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    57 views1 page

    Determination of The Prescriptive Period For Filing A Tax Refund or Credit of Unutilized Input VAT

    Uploaded by

    Gela Bea Barrios
    Determination of  the Prescriptive Period  for  Filing  a  Tax  Refund  or  Credit  of Unutilized  Input  VAT 

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Taxation; prescriptive periods to file VAT refund.

    We summarize the
    rules on the determination of the prescriptive
    period for filing a tax refund or credit of unutilized input VAT as
    provided in Section 112 of the 1997 Tax Code, as follows:

    (1) An administrative claim must be filed with the CIR within two
    years after the close of the taxable quarter when the zero-rated or
    effectively zero-rated sales were made.

    (2) The CIR has 120 days from the date of submission of complete
    documents in support of the administrative claim within which to
    decide whether to grant a refund or issue a tax credit certificate. The
    120-day period may extend beyond the two-
    year period from the filing of the administrative claim if the claim
    is filed in the later part of the two-year period. If the 120-day period
    expires without any decision from the CIR, then the administrative
    claim may be considered to be denied by inaction.

    (3) A judicial claim must be filed with the CTA within 30 days from
    the receipt of the CIR’s decision denying the administrative claim or
    from the expiration of the 120-day period without any action from
    the CIR.

    (4) All taxpayers, however, can rely on BIR Ruling No. DA-489-03
    from the time of its issuance on 10 December 2003 up to its reversal
    by this Court in Aichi on 6 October 2010, as an exception to the
    mandatory and jurisdictional 120+30 day periods.

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