the period April 1, 1996 to December 31, 1997 amounting to P4,439,827.

21
representing excess VAT input payments.

[G.R. No. 149073. February 16, 2005]COMMISSIONER OF INTERNAL Respondent, however, did not bother to wait for the Resolution of its
REVENUE, petitioner, vs. CEBU TOYO CORPORATION, respondent. claim by the CIR. Instead, on June 26, 1998, it filed a Petition for Review with
the CTA to toll the running of the two-year prescriptive period pursuant to
Section 230[7] of the Tax Code.
Before the CTA, the respondent posits that as a VAT-registered exporter
DECISION
of goods, it is subject to VAT at the rate of 0% on its export sales that do not
QUISUMBING, J.: result in any output tax. Hence, the unutilized VAT input taxes on its
purchases of goods and services related to such zero-rated activities are
In its Decision[1] dated July 6, 2001, the Court of Appeals, in CA-G.R. SP available as tax credits or refunds.
No. 60304, affirmed the Resolutions dated May 31, 2000[2] and August 2, The petitioners position is that respondent was not entitled to a refund
2000,[3] of the Court of Tax Appeals (CTA) ordering the Commissioner of or tax credit since: (1) it failed to show that the tax was erroneously or
Internal Revenue (CIR) to allow a partial refund or, alternatively, to issue a illegally collected; (2) the taxes paid and collected are presumed to have been
tax credit certificate in favor of Cebu Toyo Corporation in the sum made in accordance with law; and (3) claims for refund are strictly construed
of P2,158,714.46, representing the unutilized input value-added tax (VAT) against the claimant as these partake of the nature of tax exemption.
payments.
Initially, the CTA denied the petition for insufficiency of evidence. [8] The
The facts, as culled from the records, are as follows: tax court sustained respondents argument that it was a VAT-registered
Respondent Cebu Toyo Corporation is a domestic corporation engaged entity. It also found that the petition was timely, as it was filed within the
in the manufacture of lenses and various optical components used in prescription period. The CTA also ruled that the respondents sales to Toyo
television sets, cameras, compact discs and other similar devices. Its Lens Corporation and to certain establishments in the Mactan Export
principal office is located at the Mactan Export Processing Zone (MEPZ) in Processing Zone were export sales subject to VAT at 0% rate. It found that
Lapu-Lapu City, Cebu. It is a subsidiary of Toyo Lens Corporation, a non- the input VAT covered by respondents claim was not applied against any
resident corporation organized under the laws of Japan. Respondent is a output VAT. However, the tax court decreed that the petition should
zone export enterprise registered with the Philippine Economic Zone nonetheless be denied because of the respondents failure to present
Authority (PEZA), pursuant to the provisions of Presidential Decree No. documentary evidence to show that there were foreign currency exchange
66.[4] It is also registered with the Bureau of Internal Revenue (BIR) as a VAT proceeds from its export sales. The CTA also observed that respondent failed
taxpayer.[5] to submit the approval by Bangko Sentral ng Pilipinas (BSP) of its Agreement
of Offsetting with Toyo Lens Corporation and the certification of
As an export enterprise, respondent sells 80% of its products to its constructive inward remittance.
mother corporation, the Japan-based Toyo Lens Corporation, pursuant to an
Agreement of Offsetting. The rest are sold to various enterprises doing Undaunted, respondent filed on February 21, 2000, a Motion for
business in the MEPZ. Inasmuch as both sales are considered export sales Reconsideration arguing that: (1) proof of its inward remittance was not
subject to Value-Added Tax (VAT) at 0% rate under Section 106(A)(2)(a) [6] of required by law; (2) BSP and BIR regulations do not require BSP approval on
the National Internal Revenue Code, as amended, respondent filed its its Agreement of Offsetting nor do they require certification on the amount
quarterly VAT returns from April 1, 1996 to December 31, 1997 showing a constructively remitted; (3) it was not legally required to prove foreign
total input VAT of P4,462,412.63. currency payments on the remaining sales to MEPZ enterprises; and (4) it
had complied with the substantiation requirements under Section
On March 30, 1998, respondent filed with the Tax and Revenue Group 106(A)(2)(a) of the Tax Code. Hence, it was entitled to a refund of unutilized
of the One-Stop Inter-Agency Tax Credit and Duty Drawback Center of the VAT input tax.
Department of Finance, an application for tax credit/refund of VAT paid for
 On May 31, 2000, the tax court partly granted the motion for The CTA found that only the amount of Y274,043,858.00 covering
reconsideration in a Resolution, to wit: respondents sales to Toyo Lens Corporation and purchases from said mother
company for the period August 7, 1996 to August 26, 1997 were actually
WHEREFORE, finding the motion of petitioner to be meritorious, the same is offset against respondents related accounts receivable and accounts payable
hereby partially granted. Accordingly, the Court hereby MODIFIES its as shown by the Agreement for Offsetting dated August 30, 1997. Resort to
decision in the above-entitled case, the dispositive portion of which shall the respondents Accounts Receivable and Accounts Payable subsidiary
now read as follows: ledgers corroborated the amount. The tax court also found that out of the
total export sales for the period April 1, 1996 to December 31, 1997
amounting to Y700,654,606.15, respondents sales to MEPZ enterprises
Total Input Taxes Claimed by P4,439,827.21 amounted only to Y136,473,908.05 of said total. Thus, allocating the input
respondent taxes supported by receipts to the export sales, the CTA determined that the
Less: Exceptions made by SGV refund/credit amounted to only P2,158,714.46,[11] computed as follows:
a.) 1996 P651,256.17
b.) 1997 104,129.13 755,385.30 On June 21, 2000, petitioner Commissioner filed a Motion for
Reconsideration arguing that respondent was not entitled to a refund
Validly Supported Input Taxes P3,684,441.91
because as a PEZA-registered enterprise, it was not subject to VAT pursuant
Allocation:
to Section 24[13] of Republic Act No. 7916,[14] as amended by Rep. Act No.
Verified Zero-Rated Sales 8748.[15] Thus, since respondent was not subject to VAT, the Commissioner
a.) Toyo Lens Corporation Y274,043,858.00 contended that the capital goods it purchased must be deemed not used in
b.) MEPZ Enterprises 136,473,908.05 Y410,517,766.05 VAT taxable business and therefore it was not entitled to refund of input
Divided by Total Zero-Rated Y700,654,606.15 taxes on such capital goods pursuant to Section 4.106-1 of Revenue
Sales Regulations No. 7-95.[16]
Quotient 0.5859
Petitioner filed a Motion for Reconsideration on June 21, 2000 based on
Multiply by Allowable Input Tax P3,684,441.91 the following theories: (1) that respondent being registered with the PEZA as
Amount Refundable P2,158,714.[52][12] an ecozone enterprise is not subject to VAT pursuant to Sec. 24 of Rep. Act
No. 7916; and (2) since respondents business is not subject to VAT, the
capital goods it purchased are considered not used in a VAT taxable business
WHEREFORE, finding the petition for review partially meritorious, and therefore is not entitled to a refund of input taxes. [17]
respondent is hereby ORDERED to REFUND or, in the alternative, to ISSUE
a TAX CREDIT CERTIFICATE in favor of Petitioner in the amount The respondent opposed the Commissioners Motion for
of P2,158,714.46 representing unutilized input tax payments. Reconsideration and prayed that the CTA resolution be modified so as to
grant it the entire amount of tax refund or credit it was seeking.
SO ORDERED.[9] On August 2, 2000, the Court of Tax Appeals denied the petitioners
motion for reconsideration. It held that the grounds relied upon were only
In granting partial reconsideration, the tax court found that there was raised for the first time and that Section 24 of Rep. Act No. 7916 was not
no need for BSP approval of the Agreement of Offsetting since the same may applicable since respondent has availed of the income tax holiday incentive
be categorized as an inter-company open account offset arrangement. Hence, under Executive Order No. 226 or the Omnibus Investment Code of 1987
the respondent need not present proof of foreign currency exchange pursuant to Section 23[18] of Rep. Act No. 7916. The tax court pointed out that
proceeds from its sales to MEPZ enterprises pursuant to Section E.O. No. 226 granted PEZA-registered enterprises an exemption from
106(A)(2)(a)[10] of the Tax Code. However, the CTA stressed that respondent payment of income taxes for 4 or 6 years depending on whether the
must still prove that there was an actual offsetting of accounts to prove that registration was as a pioneer or as a non-pioneer enterprise, but subject to
constructive foreign currency exchange proceeds were inwardly remitted as other national taxes including VAT.
required under Section 106(A)(2)(a).
 The petitioner then filed a Petition for Review with the Court of refund in the amount of P2,158,714.46 representing unutilized input VAT on
Appeals (CA), docketed as CA-G.R. SP No. 60304, praying for the reversal of goods and services for the period April 1, 1996 to December 31, 1997.
the CTA Resolutions dated May 31, 2000 and August 2, 2000, and reiterating
Both the Commissioner of Internal Revenue and the Office of the
its claim that respondent is not entitled to a refund of input taxes since it is
Solicitor General argue that respondent Cebu Toyo Corporation, as a PEZA-
VAT-exempt.
registered enterprise, is exempt from national and local taxes, including
On July 6, 2001, the appellate court decided CA-G.R. SP No. 60304 in VAT, under Section 24 of Rep. Act No. 7916 and Section 109 [21] of the NIRC.
respondents favor, thus: Thus, they contend that respondent Cebu Toyo Corporation is not entitled to
any refund or credit on input taxes it previously paid as provided under
WHEREFORE, finding no merit in the petition, this Court DISMISSES it and Section 4.103-1[22] of Revenue Regulations No. 7-95, notwithstanding its
AFFIRMS the Resolutions dated May 31, 2000 and August 2, 2000 . . . of the registration as a VAT taxpayer. For petitioner claims that said registration
Court of Tax Appeals. was erroneous and did not confer upon the respondent any right to claim
recognition of the input tax credit.
SO ORDERED.[19] The respondent counters that it availed of the income tax holiday under
E.O. No. 226 for four years from August 7, 1995 making it exempt from
The Court of Appeals found no reason to set aside the conclusions of the income tax but not from other taxes such as VAT. Hence, according to
Court of Tax Appeals. The appellate court held as untenable herein respondent, its export sales are not exempt from VAT, contrary to petitioners
petitioners argument that respondent is not entitled to a refund because it is claim, but its export sales is subject to 0% VAT. Moreover, it argues that it
VAT-exempt since the evidence showed that it is a VAT-registered enterprise was able to establish through a report certified by an independent Certified
subject to VAT at the rate of 0%. It agreed with the ruling of the tax court that Public Accountant that the input taxes it incurred from April 1, 1996 to
respondent had two options under Section 23 of Rep. Act No. 7916, namely: December 31, 1997 were directly attributable to its export sales. Since it did
(1) to avail of an income tax holiday under E.O. No. 226 and be subject to not have any output tax against which said input taxes may be offset, it had
VAT at the rate of 0%; or (2) to avail of the 5% preferential tax under P.D. No. the option to file a claim for refund/tax credit of its unutilized input taxes.
66 and enjoy VAT exemption. Since respondent availed of the incentives
under E.O. No. 226, then the 0% VAT rate would be applicable to it and any Considering the submission of the parties and the evidence on record,
unutilized input VAT should be refunded to respondent upon proper we find the petition bereft of merit.
application with and substantiation by the BIR. Petitioners contention that respondent is not entitled to refund for being
Hence, the instant petition for review now before us, with herein exempt from VAT is untenable. This argument turns a blind eye to the fiscal
petitioner alleging that: incentives granted to PEZA-registered enterprises under Section 23 of Rep.
Act No. 7916. Note that under said statute, the respondent had two options
I. RESPONDENT BEING REGISTERED WITH THE PHILIPPINE with respect to its tax burden. It could avail of an income tax holiday
ECONOMIC ZONE AUTHORITY (PEZA) AS AN ECOZONE pursuant to provisions of E.O. No. 226, thus exempt it from income taxes for
EXPORT ENTERPRISE, ITS BUSINESS IS NOT SUBJECT TO a number of years but not from other internal revenue taxes such as VAT; or
VAT PURSUANT TO SECTION 24 OF REPUBLIC ACT NO. it could avail of the tax exemptions on all taxes, including VAT under P.D.
7916 IN RELATION TO SECTION 103 OF THE TAX CODE, AS No. 66 and pay only the preferential tax rate of 5% under Rep. Act No. 7916.
AMENDED BY RA NO. 7716. Both the Court of Appeals and the Court of Tax Appeals found that
II. SINCE RESPONDENTS BUSINESS IS NOT SUBJECT TO VAT, respondent availed of the income tax holiday for four (4) years starting from
IT IS NOT ENTITLED TO REFUND OF INPUT TAXES August 7, 1995, as clearly reflected in its 1996 and 1997 Annual Corporate
PURSUANT TO SECTION 4.103-1 OF REVENUE Income Tax Returns, where respondent specified that it was availing of the
REGULATIONS NO. 7-95.[20] tax relief under E.O. No. 226. Hence, respondent is not exempt from VAT
and it correctly registered itself as a VAT taxpayer. In fine, it is engaged in
In our view, the main issue for our resolution is whether the Court of taxable rather than exempt transactions.
Appeals erred in affirming the Court of Tax Appeals resolution granting a
 Taxable transactions are those transactions which are subject to value- In this case, it is undisputed that respondent is engaged in the export
added tax either at the rate of ten percent (10%) or zero percent (0%). In business and is registered as a VAT taxpayer per Certificate of Registration
taxable transactions, the seller shall be entitled to tax credit for the value- of the BIR.[27] Further, the records show that the respondent is subject to VAT
added tax paid on purchases and leases of goods, properties or services. [23] as it availed of the income tax holiday under E.O. No. 226. Perforce,
respondent is subject to VAT at 0% rate and is entitled to a refund or credit of
An exemption means that the sale of goods, properties or services and
the unutilized input taxes, which the Court of Tax Appeals computed
the use or lease of properties is not subject to VAT (output tax) and the seller
at P2,158,714.46, but which we findafter recomputationshould
is not allowed any tax credit on VAT (input tax) previously paid. The person
be P2,158,714.52.
making the exempt sale of goods, properties or services shall not bill any
output tax to his customers because the said transaction is not subject to The Supreme Court will not set aside lightly the conclusions reached by
VAT. Thus, a VAT-registered purchaser of goods, properties or services that the Court of Tax Appeals which, by the very nature of its functions, is
are VAT-exempt, is not entitled to any input tax on such purchases despite dedicated exclusively to the resolution of tax problems and has accordingly
the issuance of a VAT invoice or receipt.[24] developed an expertise on the subject, unless there has been an abuse or
improvident exercise of authority.[28] In this case, we find no cogent reason to
Now, having determined that respondent is engaged in taxable
deviate from this well-entrenched principle. Thus, we are persuaded that
transactions subject to VAT, let us then proceed to determine whether it is
indeed the Court of Appeals committed no reversible error in affirming the
subject to 10% or zero (0%) rate of VAT. To begin with, it must be recalled
assailed ruling of the Court of Tax Appeals.
that generally, sale of goods and supply of services performed in the
Philippines are taxable at the rate of 10%. However, export sales, or sales WHEREFORE, the petition is DENIED for lack of merit. The assailed
outside the Philippines, shall be subject to value-added tax at 0% if made by Decision dated July 6, 2001 of the Court of Appeals, in CA-G.R. SP No. 60304
a VAT-registered person.[25] Under the value-added tax system, a zero-rated is AFFIRMED with very slight modification. Petitioner is hereby ORDERED
sale by a VAT-registered person, which is a taxable transaction for VAT to REFUND or, in the alternative, to ISSUE a TAX CREDIT CERTIFICATE in
purposes, shall not result in any output tax. However, the input tax on his favor of respondent in the amount of P2,158,714.52 representing unutilized
purchase of goods, properties or services related to such zero-rated sale shall input tax payments. No pronouncement as to costs.
be available as tax credit or refund.[26]
SO ORDERED.
In principle, the purpose of applying a zero percent (0%) rate on a
Davide, Jr., C.J., (Chairman), Ynares-Santiago, Carpio, and Azcuna,
taxable transaction is to exempt the transaction completely from VAT
JJ., concur.
previously collected on inputs. It is thus the only true way to ensure that
goods are provided free of VAT. While the zero rating and the exemption are
computationally the same, they actually differ in several aspects, to wit:

(a) A zero-rated sale is a taxable transaction but does not result in an output [1] Rollo, pp. 20-25. Penned by Associate Justice Hilarion L. Aquino, with
tax while an exempted transaction is not subject to the output tax; Associate Justices Ma. Alicia Austria-Martinez (now a member of
this Court), and Jose L. Sabio, Jr. concurring.
(b) The input VAT on the purchases of a VAT-registered person with zero- [2] Id. at 26-30.
rated sales may be allowed as tax credits or refunded while the seller in an
exempt transaction is not entitled to any input tax on his purchases despite [3] Id. at 31-34.
the issuance of a VAT invoice or receipt.
[4] CA Rollo, p. 35. Presidential Decree No. 66 The title is Creating The Export
Processing Zone Authority And Revising Republic Act No. 5490.
(c) Persons engaged in transactions which are zero-rated, being subject to
VAT, are required to register while registration is optional for VAT-exempt [5] Id. at 36.
persons.
[6] SEC. 106. Value-added Tax on Sale of Goods or Properties.
(A) Rate and Base of Tax.There shall be levied, assessed and collected on every after five (5) years from the date of issue, shall, unless revalidated, be
sale, barter or exchange of goods or properties, a value-added tax considered invalid, and shall not be allowed as payment for internal
equivalent to ten percent (10%) of the gross selling price or gross revenue tax liabilities of the taxpayer, and the amount covered by
value in money of the goods or properties sold, bartered or the certificate shall revert to the general fund.
exchanged, such tax to be paid by the seller or transferor.
(C) Transitory Provision.For purposes of the preceding Subsection, a tax credit
... certificate issued by the Commissioner or his duly authorized
representative prior to January 1, 1998, which remains unutilized or
(2) The following sales by VAT-registered persons shall be subject to zero
has a creditable balance as of said date, shall be presented for
percent (0%) rate:
revalidation with the Commissioner or his duly authorized
(a) Export Sales.The term export sales means: representative or on before June 30, 1998.

(1) The sale and actual shipment of goods from the Philippines to a foreign [8] CA Rollo, p. 60.
country, irrespective of any shipping arrangement that may be [9] Rollo, pp. 29-30.
agreed upon which may influence or determine the transfer of
ownership of the goods so exported and paid for in acceptable [10] SEC. 106 (a), supra, note 6.
foreign currency or its equivalent in goods or services, and [11] Should be P2,158,714.52.
accounted for in accordance with the rules and regulations of the
Bangko Sentral ng Pilipinas (BSP); [12] Rollo, p. 29.
(2) Sale of raw materials or packaging materials to a nonresident buyer for [13] SEC. 24. Exemption from Taxes Under the National Internal Revenue Code.Any
delivery to a resident local export-oriented enterprise to be used in provision of existing laws, rules and regulations to the contrary
manufacturing, processing, packing or repacking in the Philippines notwithstanding, no taxes, local and national, shall be imposed on
of the said buyers goods and paid for in acceptable foreign currency business establishments operating within the ECOZONE. In lieu of
and accounted for in accordance with the rules and regulations of paying taxes, five percent (5%) of the gross income earned by all
the Bangko Sentral ng Pilipinas (BSP); businesses and enterprises within the ECOZONE shall be remitted to
the national government. This five percent (5%) shall be shared and
(3) Sale of raw materials or packaging materials to export-oriented enterprise
distributed as follows:
whose export sales exceed seventy percent (70%) of total annual
production; (a) Three percent (3%) to the national government;
(4) Sale of gold to the Bangko Sentral ng Pilipinas (BSP); and (b) One percent (1%) to the local government units affected by the
declaration of the ECOZONE in proportion to their population, land
(5) Those considered export sales under Executive Order No. 226, otherwise
area, and equal sharing factors; and
known as the Omnibus Investment Code of 1987, and other special
laws. (c) One percent (1%) for the establishment of a development fund to be
utilized for the development of municipalities outside and
[7] SEC. 230. Forfeiture of Cash Refund and of Tax Credit.
contiguous to each ECOZONE: Provided, however, That the respective
(A) Forfeiture of Refund.A refund check or warrant issued in accordance with share of the affected local government units shall be determined on
the pertinent provisions of this Code, which shall remain unclaimed the basis of the following formula:
or uncashed within five (5) years from the date the said warrant or
(1) Populationfifty percent (50%);
check was mailed or delivered, shall be forfeited in favor of the
Government and the amount thereof shall revert to the general fund. (2) Land areatwenty-five percent (25%); and
(B) Forfeiture of Tax Credit.A tax credit certificate issued in accordance with (3) Equal sharingtwenty-five percent (25%).
the pertinent provisions of this Code, which shall remain unutilized
[14] The Special Economic Zone Act of 1995. (q) Transactions which are exempt under international agreements to
which the Philippines is a signatory or under special laws, except
[15] The statute is entitled An Act Amending Republic Act No. 7916,
those under Presidential Decree Nos. 66, 529 and 1590;
otherwise known as the Special Economic Zone Act of 1995.
...
[16] SEC. 4.106-1. Refunds or tax credits of input tax. (a) Zero-rated sales of goods or
properties or services Only a VAT-registered person may be given a [22] SEC. 4.103-1. Exemptions. (A) In general.- An exemption means that the sale
tax credit certificate or refund of VAT paid corresponding to the of goods or properties and/or services and the use or lease of
zero-rated sales of goods, properties or services, excluding the properties is not subject to VAT (output tax) and the seller is not
presumptive input tax and to the extent that such input tax has not allowed any tax credit on VAT (input tax) previously paid.
been applied against the output tax. The application should be made
The person making the exempt sale of goods, properties or
within two (2) years after the close of the taxable quarter when the
services shall not bill any output tax to his customers because the
sales were made.
said transaction is not subject to VAT. On the other hand, a VAT-
However, where the taxpayer is engaged in both zero-rated registered purchaser of VAT-exempt goods/properties or services
or effectively zero-rated sales and in taxable or exempt sales of which are exempt from VAT is not entitled to any input tax on such
goods, properties or services, and where the amount of creditable purchase despite the issuance of a VAT invoice or receipt.
input tax due or paid cannot be directly and entirely attributable to [23] CRISPIN P. LLAMADO, JR., MANUEL M. SAN DIEGO, ASSER S.
any one of the transaction, only the proportionate share of input
TAMAYO, PHILIPPINE TAXES ON TRANSFER AND
taxes allocated to zero-rated or effectively zero-rated sales can be
BUSINESS 205 (1998).
refunded or issued a tax credit certificate
[24] Supra, note 22.
...
[25] Supra, note 6.
[17] Rollo, p. 31.
[26] See Revenue Regulations No. 7-95, Section 4.102-2.
[18] SEC. 23. Fiscal Incentives. Business establishments operating within the
ECOZONES shall be entitled to the fiscal incentives as provided for [27] CA Rollo, p. 36.
under Presidential Decree No. 66, the law creating the Export
Processing Zone Authority, or those provided under Book VI of
[28] Sea-Land Service, Inc. v. Court of Appeals, G.R. No. 122605, 30 April 2001,
Executive Order No. 226, otherwise known as the Omnibus 357 SCRA 441, 445-446.
Investment Code of 1987.
Furthermore, tax credits for exporters using local materials
as inputs shall enjoy the same benefits provided for in the Export
Development Act of 1994.
[19] Rollo, p. 25.
[20] Id. at 13.
[21] SEC. 109. Exempt Transactions. The following shall be exempt from the
value-added tax:
...