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Philippine Bar review · Question

Practice question: VAT Exempt Persons and Transactions

Multiple Choice Hard

Practice question

A supplier sells online subscription-based services to a private educational institution duly recognized by CHED. The transaction falls within Section 109(H)'s amended subscription-sale language, and no option to tax is made. A revenue officer says the provision exempts only classes supplied by schools and never subscription services sold to them. Which response is correct?
  1. Agree; sales to recognized institutions are expressly excluded.
  2. Disagree; RA 12023 expressly adds the specified online subscription-based sales to the exempt category.
  3. Agree; every digital service is taxable without exception.
  4. Disagree; every subscription sold to any consumer is therefore exempt.
  5. Agree; recognition by an education agency is irrelevant.

Legal references

  • NIRC Section 109(1)(G)–(I), as amended by RA 10963 Section 34 and RA 12023 Section 5; https://lawphil.net/statutes/repacts/ra2017/ra_10963_2017.html ; https://lawphil.net/statutes/repacts/ra2024/ra_12023_2024.html

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