Philippines
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CTA denies Deutsche Knowledge Services' additional P8.2-M tax refund
CTA denies Deutsche Knowledge Services' additional P8.2-M tax refund
The Court of Tax Appeals (CTA) has denied the petition of Deutsche Knowledge Services Pte., Ltd. which sought an additional refund or tax credit for P8.2 million for the second quarter of taxable year 2019.
Deutsche Knowledge is the Philippine branch of a multinational company organized and existing under the laws of Singapore. It is engaged in general administration and planning; business planning and coordination; sourcing/procurement of raw materials and component; and other business activities.
It filed with the Bureau of Internal Revenue (BIR) VAT (value added tax) Credit Audit Division (VCAD) its application for tax credits or refunds on June 29, 2021 for its excess and unutilized input VAT for the 2nd quarter of 2019 for P10,427,832.98. The BIR partially granted the refund claim in the amount of P2,150,703.06 and disallowed the remaining P8,277,129.92.
The firm then filed a petition for review before the CTA on Dec. 9, 2021. It told the tax court that it is entitled to the refund of the disallowed portion since the BIR's deductions are invalid for lack of factual and legal basis.
The BIR disagreed and explained that the firm failed to substantiate the additional refund or tax credit. .
Ruling on the issue, the CTA's first divivision said: "After a careful and thorough evaluation of the applicable laws, rules and regulations and the evidence presented, the Court finds no merit in the instant petition."
The tax court agreed with the BIR that Deutsche Knowledge Services failed to prove that its affiliates or clients perform business outside the Philippines, and that it (firm) failed to prove that it is engaged in zero-rated or effectively zero-rated sales.
"The taxpayer who claims for exemption must justify its claim by the clearest grant of organic or statute law and should not be permitted to stand on vague implications," the CTA said.
"The burden of proof rests upon the taxpayer to establish by sufficient and competent evidence its entitlement to a claim for refund. In the case at bar, petitioner failed to sufficiently establish its claim for refund," it also said.
The 25-page decision was written by Associate Justice Jean Marie A. Bacorro-Villena with the concurrence of Presiding Justice Roman G. Del Rosario and Associate Justice Lanee S. Cui-David.