The fiscal incentives rationalization of the Corporate Recovery and Tax Incentives for Enterprises (Create) Act has effectively removed the cross-border doctrine for export-oriented registered business enterprises (RBEs). While value added tax (VAT) zero-rating rules on export sales still remain, VAT-zero rating on local purchases are only applicable on purchases that are directly and exclusively used in the RBEs’ registered project or activity.
As such, the Bureau of Internal Revenue released Revenue Memorandum Circular (RMC) 24-2022 on March 9, 2022, clarifying that the export-oriented RBE must provide three documents to their local suppliers for VAT-zero rating on local purchases to apply, namely: (1) BIR Certificate of Registration; (2) VAT certification issued by the concerned Investment Promotion Agency (IPA) e.g., Philippine Economic Zone Authority, Board of Investments; and (3) a sworn declaration that the local purchases made forms part directly and exclusively in the registered project.
Further, the BIR issued RMC No. 84-2022 on June 30, 2022 to prescribe the format of the sworn declaration to be furnished by the RBEs to their suppliers. This includes stating, among others, the RBE’s registered business name and registration details with the concerned IPA, its registered project or activity, and whether such local purchase of goods and/or services are allocated to both registered and non-registered projects. Said sworn declaration must also be notarized.
A template of the said sworn declaration is available at the BIR website.
Please be guided accordingly.
P&A Grant Thornton
Certified Public Accountants
August 15, 2022
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