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Philippine Bar review · Question

Practice question: Destination Principle and Cross-Border Doctrine

Multiple Choice Hard

Practice question

In 2026 an RBE sells ordinary taxable goods to a non-RBE domestic buyer for consumption in the Philippine market. Delivery occurs inside an economic zone. No exemption or zero-rating provision applies. The seller invokes older cross-border descriptions to claim that location alone makes this domestic sale zero-rated. Which result follows CREATE MORE?
  1. The local sale is subject to 12% VAT despite zone location, under the stated conditions
  2. All sales inside a zone are automatically zero-rated forever
  3. The buyer’s domestic use is legally irrelevant in every case
  4. All RBE income-tax incentives are identical to VAT exemptions
  5. The parties may elect any VAT rate

Legal references

  • NIRC Sections 106,108,293(D),295(D), as amended by RA 12066, Sections 6-7,16,18: https://lawphil.net/statutes/repacts/ra2024/ra_12066_2024.html

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