REVENUE REGULATIONS NO. 15-2015 issued on December 29, 2015 amends Sections
4.109-1 (B)(1)(s), (t) and (u) of Revenue Regulations (RR) No. 16-2005, as amended, relative to
sale, importation or lease of passenger or cargo vessels and aircraft, including engine, equipment
and spare parts thereof for domestic or international transport operations, which shall now read
as follows:
“SECTION 4.109-1. VAT-Exempt Transactions. —
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(B) Exempt transactions. —
(1) Subject to the provisions of Subsection (2) hereof, the following transactions
shall be exempt from VAT:
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(s) The transport of passengers by international carriers doing business in the
Philippines shall be exempt from value-added tax (VAT) pursuant to
Sections 109(1)(S) of the NIRC, as amended by RA No. 10378. The
transport of cargo by international carriers doing business in the
Philippines shall be exempt from VAT pursuant to Sections 109(1)(E) of
the NIRC, as amended by RA No. 10378, as the same is subject to
Common Carrier’s Tax (Percentage Tax on International Carriers) under
Section 118 of the NIRC, as amended. International carriers exempt under
Sections 109(1)(S) and 109(1)(E) of the NIRC, as amended, shall not be
allowed to register for VAT purposes.
(t) Sale, importation or lease of passenger or cargo vessels and aircraft,
including engine, equipment and spare parts thereof for domestic or
international transport operations; Provided, however, that the exemption
from VAT on the importation and local purchase of passenger and/or
cargo vessels shall be subject to the requirements on restriction on vessel
importation and mandatory vessel retirement program of MARINA.
(u) Importation of fuel, goods and supplies by persons engaged in
international shipping or air transport operations; Provided, that the said
fuel, goods and supplies shall be used exclusively or shall pertain to the
transport of goods and/or passenger from a port in the Philippines directly
to a foreign port, or vice versa, without docking or stopping at any other
port in the Philippines unless the docking or stopping at any other
Philippine port is for the purpose of unloading passengers and/or cargoes
that originated from abroad, or to load passengers and/or cargoes bound
for abroad; Provided, further, that if any portion of such fuel, goods or
supplies is used for purposes other than that mentioned in this paragraph,
such portion of fuel, goods and supplies shall be subject to twelve percent
(12%) VAT starting February 1, 2006;
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