Supreme Court Rules VAT Refund Period Starts from Actual Payment Date, Denies Melco’s Claim

• The Supreme Court ruled that the two-year period to claim a VAT refund starts from the date the taxpayer paid the tax to the Bureau of Internal Revenue.
• Melco Resorts Leisure is not entitled to an 81 million peso VAT refund.
• The decision was made by the SC First Division on April 2, 2025.
• Melco filed a claim in 2017 for a VAT refund from gaming revenues for the first quarter of 2016.
• The Bureau of Internal Revenue denied the claim, and the Court of Tax Appeals affirmed this decision.
• The Supreme Court ruled that Melco filed its refund claim on time.
• The Court of Tax Appeals erred in ruling that Melco failed to file its claims on time.
• Melco is a VAT-exempt entity, but its transactions with suppliers are not zero-rated under the Tax Code.

Source: malaya.com.ph

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.

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