Section 21Sec./Art. 21

Section 113 of the National Internal Revenue Code of 1997, as amended, is hereby amended to read as follows:

"Section 113. Invoicing and Accounting Requirements for VAT-Registered Persons. -

(A) Invoicing Requirement. - A VAT-registered person shall issue a VAT invoice for every sale, barter, exchange, or lease of goods or properties, and for every sale, barter or exchange of services.

(B) Information Contained in the VAT Invoice. - The following information shall be indicated in the VAT invoice:

(1) A statement that the seller is a VAT-registered person, followed by the seller's Taxpayer Identification Number;

(2) The total amount which the purchaser pays or is obligated to pay to the seller with the indication that such amount includes the value-added tax: Provided, That:

(a) The amount of the tax shall be shown as a separate item in the invoice;

(b) If the sale is exempt from value-added tax, the term 'VAT-exempt sale' shall be written or printed on the invoice;

(c) If the sale is subject to zero percent (0%) value-added tax, the term 'zero-rated sale' shall be written or printed on the invoice;

(d) If the sale invoices goods, properties or services some of which are subject to and some of which are VAT zero-rated or VAT-exempt, the invoice shall clearly indicated the breakdown of the sale price between its taxable, exempt, and zero-rated components, and the calculation of the value-added tax on each portion of the sale shall be shown on the invoice: Provided, That the seller may issue separate invoices for the taxable, exempt, and zero-rated components of the sale.

(3) x x x

(4) In the case of sales in the amount of One thousand pesos (P1,000) or more where the sale or transfer is made to a VAT-registered person., the name, address and Taxpayer Identification Number of the purchaser, customer or client.

(C) x x x

(D) Consensus of Issuing an Erroneous VAT Invoice. -

(1) If a person who is not a VAT-registered person issues an invoice showing the person's Taxpayer Identification Number, followed by the word 'VAT':

(a) The issuer shall, in addition to any liability to other percentage taxes, be liable to:

(i) The tax imposed in Section 106 or 108 without the benefit of any input tax credit; and

(ii) A fifty percent (50%) surcharge under Section 248(B) of this Code;

(b) The VAT shall, if the other requisite information required under Subsection (B) hereof is shown on the invoice, be recognized as an input tax credit to the purchaser under Section 110 of this Code.

(2) If a VAT-registered person issues a VAT invoice for a VAT-exempt transaction, but fails to display on the invoice the term 'VAT-exempt sale'. or clearly provide a breakdown of the VAT-exempt sale as provided for under paragraph B(2)(d) herein, the issuer shall be liable to account for the tax imposed in Section 106 or 108 as if Section 109 did not apply.

(3) If a VAT-registered person issue a VAT-invoice to another VAT-registered person with lacking information required under Subsection (B) hereof, the issuer shall be liable for noncompliance with the invoicing requirement, however, the VAT shall still be allowed to be used as input tax credit on the part of the purchaser pursuant to Section 110 of this Code if the lacking information do not pertain to the amount of sales, amount of VAT, name and Taxpayer Identification Number of both the purchaser and issuer/seller, description of goods or nature of services, and the date of the transaction.

x x x."