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The Supreme Court of the Philippines (SC) has clarified that domestic market enterprises can enjoy the zero-rated Value-Added Tax (VAT) incentive under Republic Act No. 11534, or the Corporate Recovery and Tax Incentives for Enterprises Act.

In a Decision written by then Associate Justice Mario V. Lopez (retired), the SC En Banc declared Rule 18, Section 5 of the Implementing Rules and Regulations (IRR) of the CREATE Act and several Bureau of Internal Revenue (BIR) issuances void for unlawfully limiting which businesses could avail of the VAT incentive.

The SC ruled that the IRR and the BIR regulations were invalid for adding restrictions not found in the CREATE Act. The SC stressed that the law clearly covers all Registered Business Enterprises (RBEs), including domestic market enterprises.

The SC also emphasized that government agencies like the Department of Trade and Industry (DTI) and the Department of Finance (DOF) cannot go beyond what the law allows. Since the law includes domestic businesses as RBEs, the IRR cannot exclude them from receiving the incentives.

Read the full text of the Press Release at https://sc.judiciary.gov.ph/?p=152408

Read the full text of the Decision at https://sc.judiciary.gov.ph/?p=152369

Read the Concurring Opinion of Senior Associate Justice Marvic M.V.F. Leonen at https://sc.judiciary.gov.ph/?p=152400

Originally published by the Supreme Court Public Information Office at https://www.facebook.com/SupremeCourtPhilippines/posts/pfbid02w4d9ERQZCENhfKNSCwL3swKA4ESkTuRb9Dv9wCFgCRcTiuNwJEtiR21qg2mE6Wkcl

The (SC) has clarified that domestic market enterprises can enjoy the zero-rated Value-Added Tax (VAT) incentive under Republic Act No. 11534, or the 𝘊𝘰𝘳𝘱𝘰𝘳𝘢𝘵𝘦 𝘙𝘦𝘤𝘰𝘷𝘦𝘳y 𝘢𝘯𝘥 𝘛𝘢𝘹 𝘐𝘯𝘤𝘦𝘯𝘵𝘪𝘷𝘦𝘴 𝘧𝘰𝘳 𝘌𝘯𝘵𝘦𝘳𝘱𝘳𝘪𝘴𝘦𝘴 (𝘊𝘙𝘌𝘈𝘛𝘌) 𝘈𝘤𝘵.

In a Decision written by then Associate Justice Mario V. Lopez (retired), the SC 𝘌𝘯 𝘉𝘢𝘯𝘤 declared Rule 18, Section 5 of the Implementing Rules and Regulations (IRR) of the 𝘊𝘙𝘌𝘈𝘛𝘌 𝘈𝘤𝘵
and several Bureau of Internal Revenue (BIR) issuances void for unlawfully limiting which businesses could avail of the VAT incentive.

The 𝘊𝘙𝘌𝘈𝘛𝘌 𝘈𝘤𝘵, passed in 2021, grants registered business enterprises (RBEs) VAT exemption on importation and VAT zero-rating on local purchases of goods and services that are directly and exclusively used in their registered project or activity. RBEs include both domestic market enterprises and registered export enterprises.

However, the Department of Trade and Industry (DTI) and the Department of Finance (DOF) later issued the IRR, which excluded domestic market enterprises from enjoying zero-rated VAT incentives on their business purchases.

The Bureau of Internal Revenue (BIR) followed with the issuance of Revenue Regulations No. 21-2022 and Revenue Memorandum Circulars No. 24-2022 and 49-2022, which clarified that only registered export enterprises were entitled to the incentive.

Petitioner Subic Bay Freeport Chamber of Commerce, Inc. and taxpayer Benjamin E. Antonio III filed a petition for declaratory relief, arguing that the IRR and the BIR regulations unfairly excluded domestic market enterprises from the benefits granted by the law.

The SC ruled that the IRR and the BIR regulations were invalid for adding restrictions not found in the 𝘊𝘙𝘌𝘈𝘛𝘌 𝘈𝘤𝘵
The SC stressed that the law clearly covers all RBEs, including domestic market enterprises.

The SC emphasized that government agencies like the DTI and DOF cannot go beyond what the law allows. Since the law includes domestic businesses as RBEs, the IRR cannot exclude them from receiving the incentives.

Read the full text of the Press Release at https://sc.judiciary.gov.ph/?p=152408.

Read the full text of the Decision at https://sc.judiciary.gov.ph/?p=152369.

Read the Concurring Opinion of Senior Associate Justice Marvic M.V.F. Leonen at https://sc.judiciary.gov.ph/?p=152400.

Copying of this content is subject to the SC PIO’s Credit Attribution Policy: https://sc.judiciary.gov.ph/credit-attribution-policy/.

Allowable Deductions

Alam niyo ba na may mga gastos sa negosyo na maaaring ibawas sa buwis?

Ayon sa Revenue Memorandum Circular (RMC) No. 81-2025 ng BIR, tanging ang mga gastusin na itinuturing na ordinary (karaniwan sa uri ng negosyo), necessary (kailangan at direktang nakakatulong sa operasyon at kita), at may sapat na dokumento ay maaaring ibawas.

Hindi maaaring ibawas ang mga gastusin na sobra o hindi tugma sa aktwal na operasyon, gayundin ang mga kaugnay sa tax-exempt o final-taxed income. Nilalayon ng RMC na malinaw na maihiwalay ang mga gastusin ayon sa klase ng kita, kung ito ba ay aktibo o pasibo, regular o sakop ng espesyal na buwis.

Sa pamamagitan nito, nagiging mas malinaw ang mga tuntunin, naiiwasan ang maling interpretasyon, at natitiyak ang isang patas at maayos na sistema ng pagbubuwis.

Maraming salamat kay Ms. Maria Jonas Yap at sa BusinessWorld sa pagbibigay-linaw hinggil sa isyung ito.

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READ | DILG Calls on Accountants to Uphold Integrity in Their Profession, Stand Against Corruption

The Department of the Interior and Local Government (DILG) today called on accounting professionals to take a stand against corruption and play a central role in building a Bagong Pilipinas grounded in clean and accountable governance.

Speaking during an event of the Philippine Institute of Certified Public Accountants (PICPA) in Tagaytay City, DILG Undersecretary for Public Affairs and Communications Rolando C. Puno, representing Secretary Jonvic Remulla, emphasized the crucial role accountants play in detecting fraud and upholding public trust.

He challenged the accounting profession to take its place at the forefront of reform and accountability, noting that accountants are often the first to notice when irregularities arise. “Accountants are not just number-crunchers… your name and your integrity are at stake.” he said.

The DILG Official also stressed that reform must include fixing systems, audits, and disbursement processes. “Your work may be technical, but the consequences are social and political. A bad audit can green-light a scam. A good accountant can stop it before it begins,” he said.

Calling on the incoming PICPA leaders to uphold the highest ethical standards, Puno urged them to become champions of accountability. “Be the kind of leaders who make it easier to do the right thing... Be the reason a ghost project is exposed. Be the reason false reports are stopped. Be the one who says: ‘Hindi ako papayag dito,’” he declared.

Concluding his remarks, he urged PICPA to support the Marcos administration in helping deliver the promise of a Bagong Pilipinas that is honest, efficient, and well-governed. “We do not need thousands to change the system. We only need a few people in the right place, at the right time, with the courage to act. PICPA, you are in that place. We count on you,” he said.

The event marked both a celebration of professional achievement and a solemn reminder that integrity in accounting is not just a professional obligation, but a national imperative.

The Bureau of Internal Revenue (BIR) has recently issued Revenue Memorandum Circular (RMC) No. 81-2025 dated September 3, 2025, reiterating the criteria and guidelines on deductibility of ordinary and necessary expenses under Sec. 34 (A)(1)(a) of the National Internal Revenue Code of 1997, as amended.

The circular has cited rulings and principles that provide a comprehensive framework for determining the deductibility of business expenses, essential for accurately reflecting the taxable income of organizations, trades or businesses.

Source: BIR website

RMC No. 65-2025
Clarification for New Business Registrants Registration of Books Of Accounts

Revenue Memorandum Circular No. 65-2025
Registration of Books Of Accounts for New Business Registrants

Full Text: https://tinyurl.com/3cz7dpd4

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