2018 Taxation Law, Q11

Koko’s primary source of income is his employment with the government. He earns extra from the land he inherited from his parents, and which land he has been leasing to a private, non-stock, non-profit school since 2005.
Last January, the school offered to buy the land from Koko for an amount equivalent to its zonal value plus 15% of such zonal value. Koko agreed but required the school to pay, in addition to the purchase price, the 12% VAT. The school refused Koko’s proposal to pass on the VAT contending that it was an entity exempt from such tax. Moreover, it said that Koko was not regularly engaged in the real estate business and, therefore, was not subject to VAT. Consequently, Koko should not charge any VAT to the school.
(a) Is the contention of the school correct? (2.5%)
(b) Will your answer be the same if Koko signed up as a VAT-registered person only in 2017? (2.5%)

Quick check

Why can an exempt educational institution NOT refuse to pay passed-on Value-Added Tax charged by a seller?

Under Section 106(A)(1)(a) of the Tax Code, when is a sale of real property by an individual subject to Value-Added Tax?

What is the tax consequence if a non-VAT-registered individual who leases inherited land makes an isolated sale of that land?

How does voluntary registration as a VAT-registered person under Section 236(H) affect the sale of leased real property?

Choices available with full access.

Who is the taxpayer legally liable to pay the output Value-Added Tax to the Bureau of Internal Revenue?

Choices available with full access.

Unlock the full Commercial and Tax Law answers

Learn more about these topics

1. Indirect Tax Nature
Under Section 105 of the National Internal Revenue Code, Value-Added Tax is an indirect tax that can be shifted or passed on by the seller to the buyer as part of the purchase price. A tax exemption enjoyed by a buyer, such as an exempt educational institution, applies only to direct taxes for which the buyer is directly liable. Consequently, a buyer cannot invoke its personal tax exemption to avoid paying passed-on Value-Added Tax incorporated into the purchase price by a VAT-registered seller.

2. Real Property VAT
Under Section 106(A)(1)(a) of the Tax Code, Value-Added Tax applies to sales of real property held primarily for sale to customers or held for lease in the ordinary course of trade or business. An isolated sale of real property by an individual who is not regularly engaged in the real estate business is generally treated as a capital transaction exempt from Value-Added Tax. However, if the seller is registered as a VAT taxpayer, the sale of leased property held for business becomes subject to Value-Added Tax.

3. Voluntary VAT Registration
Under Section 236(H) of the Tax Code, any person who is not required to register for Value-Added Tax may elect to register as a VAT-registered person. Once an individual voluntarily registers under the Value-Added Tax system, all taxable sales of goods, properties, or services made in the course of trade or business, including the sale of real property held for lease, become subject to twelve percent output Value-Added Tax regardless of whether the transaction is regular or isolated.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026