National Internal Revenue Code
National Internal Revenue Code
CHAPTER VI EXCISE TAX ON MISCELLANEOUS
surveillance if there is reason to believe that such person (1) A decedent to determine his gross estate; and
is not declaring his correct income, sales or receipts for (2) Any taxpayer who has filed an application for
internal revenue tax purposes. The findings may be used compromise of his tax liability under Section
as the basis for assessing the taxes for the other months 204(A)(2) of this Code by reason of financial
or quarters of the same or different taxable years and incapacity to pay his tax liability.
such assessment shall be deemed prima facie correct.
In case a taxpayer files an application to
When it is found that a person has failed to issue receipts compromise the payment of his tax liabilities on his
and invoices in violation of the requirements of Sections claim that his financial position demonstrates a
113 and 237 of this Code, or when there is reason to believe clear inability to pay the tax assessed, his application
that the books of accounts or other records do not shall not be considered unless and until he waives in
correctly reflect the declarations made or to be made in a writing his privilege under Republic Act No. 1405,
return required to be filed under the provisions of this Republic Act No. 6426, otherwise known as the
Code, the Commissioner, after taking into account the Foreign Currency Deposit Act of the Philippines, or
sales, receipts, income or other taxable base of other under other general or special laws, and such waiver
persons engaged in similar businesses under similar shall constitute the authority of the Commissioner to
situations or circumstances or after considering other inquire into the bank deposits of the taxpayer.
relevant information may prescribe a minimum amount
of such gross receipts, sales and taxable base, and such (3) A specific taxpayer or taxpayers subject of a
amount so prescribed shall be prima facie correct for request for the supply of tax information from a
purposes of determining the internal revenue tax foreign tax authority pursuant to an international
liabilities of such person. convention or agreement on tax matters to which
the Philippines is a signatory or a party of: Provided,
(D) Authority to Terminate Taxable Period. - When it That the information obtained from the banks and
shall come to the knowledge of the Commissioner that a other financial institutions may be used by the
taxpayer is retiring from business subject to tax, or is Bureau of Internal Revenue for tax assessment,
intending to leave the Philippines or to remove his verification, audit and enforcement purposes.
property therefrom or to hide or conceal his property, or
is performing any act tending to obstruct the In case of a request from a foreign tax authority for
proceedings for the collection of the tax for the past or tax information held by banks and financial
current quarter or year or to render the same totally or institutions, the exchange of information shall be
partly ineffective unless such proceedings are begun done in a secure manner to ensure confidentiality
immediately, the Commissioner shall declare the tax thereof under such rules and regulations as may be
period of such taxpayer terminated at any time and shall promulgated by the Secretary of Finance, upon
send the taxpayer a notice of such decision, together with recommendation of the Commissioner.
a request for the immediate payment of the tax for the The Commissioner shall provide the tax information
period so declared terminated and the tax for the obtained from banks and financial institutions
preceding year or quarter, or such portion thereof as may pursuant to a convention or agreement upon
be unpaid, and said taxes shall be due and payable request of the foreign tax authority when such
immediately and shall be subject to all the penalties requesting foreign tax authority has provided the
hereafter prescribed, unless paid within the time fixed in following information to demonstrate the
the demand made by the Commissioner. foreseeable relevance of the information to the
(E) Authority of the Commissioner to Prescribe Real request:
Property Values. - The Commissioner is hereby (a) The identity of the person under examination or
authorized to divide the Philippines into different zones investigation;
or areas and shall, upon mandatory consultation with
competent appraisers both from the private and public (b) A statement of the information being sought,
sectors, and with prior notice to affected taxpayers, including its nature and the form in which the said
determine the fair market value of real properties located foreign tax authority prefers to receive the
in each zone or area, subject to automatic adjustment information from the Commissioner;
once every three (3) years through rules and regulations (c) The tax purpose for which the information is
issued by the Secretary of Finance based on the current being sought;
Philippine valuation standards: Provided, That no
adjustment in zonal valuation shall be valid unless (d) Grounds for believing that the information
published in a newspaper of general circulation in the requested is held in the Philippines or is in the
province, city or municipality concerned, or in the possession or control of a person within the
absence thereof, shall be posted in the provincial capitol, jurisdiction of the Philippines;
city or municipal hall and in two (2) other conspicuous (e) To the extent known, the name and address of
public places therein: Provided, further, That the basis of any person believed to be in possession of the
any valuation, including the records of consultations requested information;
done, shall be public records open to the inquiry of any (f) A statement that the request is in conformity with
taxpayer. For purposes of computing any internal revenue the law and administrative practices of the said
tax, the value of the property shall be, whichever is the foreign tax authority, such that if the requested
higher of: information was within the jurisdiction of the said
(1) the fair market value as determined by the foreign tax authority then it would be able to obtain
Commissioner; or the information under its laws or in the normal
(2) the fair market value as shown in the schedule of course of administrative practice and that it is in
values of the Provincial and City Assessors. conformity with a convention or international
agreement; and
(as amended by RA No 10963)
(g) A statement that the requesting foreign tax
(F) Authority of the Commissioner to Inquire into Bank authority has exhausted all means available in its
Deposit Accounts and Other Related information held own territory to obtain the information, except those
by Financial Institutions. [4] - Notwithstanding any that would give rise to disproportionate difficulties.
contrary provision of Republic Act No. 1405, Republic Act
No. 6426, otherwise known as the Foreign Currency The Commissioner shall forward the information as
Deposit Act of the Philippines, and other general or promptly as possible to the requesting foreign tax
special laws, the Commissioner is hereby authorized to authority. To ensure a prompt response, the
inquire into the bank deposits and other related Commissioner shall confirm receipt of a request in
information held by financial institutions of: writing to the requesting tax authority and shall notify
the latter of deficiencies in the request, if any, within sixty Revenue District Officer having jurisdiction over the
(60) days from receipt of the request. taxpayer, as members; and
If the Commissioner is unable to obtain and provide the (d) The power to assign or reassign internal revenue
information within ninety (90) days from receipt of the officers to establishments where articles subject to
request, due to obstacles encountered in furnishing the excise tax are produced or kept.
information or when the bank or financial institution Section 8. Duty of the Commissioner to Ensure the
refuses to furnish the information, he shall immediately Provision and Distribution of Forms, Receipts,
inform the requesting tax authority of the same, Certificates, and Appliances, and the
explaining the nature of the obstacles encountered or the Acknowledgment of Payment of Taxes. -
reasons for refusal.
(A) Provision and Distribution to Proper-Officials. - Any
The term "foreign tax authority," as used herein, shall law to the contrary notwithstanding, it shall be the duty
refer to the tax authority or tax administration of the of the Commissioner, among other things, to prescribe,
requesting State under the tax treaty or convention to provide, and distribute to the proper officials the requisite
which the Philippines is a signatory or a party of. licenses; internal revenue stamps; unique, secure and
(G) Authority to Accredit and Register Tax Agents. - The non-removable identification markings (hereafter called
Commissioner shall accredit and register, based on their unique identification markings), such as codes or stamps,
professional competence, integrity and moral fitness, be affixed to or form part of all unit packets and packages
individuals and general professional partnerships and and any outside packaging of cigarettes and bottles of
their representatives who prepare and file tax returns, distilled spirits; labels and other forms; certificates; bonds;
statements, reports, protests, and other papers with or records; invoices; books; receipts; instruments; appliances
who appear before, the Bureau for taxpayers. Within one and apparatus used in administering the laws falling
hundred twenty (120) days from January 1, 1998, the within the jurisdiction of the Bureau. For this purpose,
Commissioner shall create national and regional internal revenue stamps, or other markings and labels
accreditation boards, the members of which shall serve shall be caused by the Commissioner to be printed with
for three (3) years, and shall designate from among the adequate security features.
senior officials of the Bureau, one (1) chairman and two (2) Internal revenue stamps, whether of a bar code or fuson
members for each board, subject to such rules and design, or other markings shall be firmly and
regulations as the Secretary of Finance shall promulgate conspicuously affixed or printed on each pack of cigars
upon the recommendation of the Commissioner. and cigarettes and bottles of distilled spirits subject to
Individuals and general professional partnerships and excise tax in the manner and form as prescribed by the
their representatives who are denied accreditation by the Commissioner, upon approval of the Secretary of Finance.
Commissioner and/or the national and regional To further improve tax administration, cigarette and
accreditation boards may appeal such denial to the alcohol manufacturers shall be required to install
Secretary of Finance, who shall rule on the appeal within automated volume-counters of packs and bottles to deter
sixty (60) days from receipt of such appeal. Failure of the over-removals and misdeclaration of removals.
Secretary of Finance to rule on the Appeal within the
prescribed period shall be deemed as approval of the (B) Receipts for Payment Mode. - It shall be the duty of
application for accreditation of the appellant. the Commissioner or his duly authorized representative
or an authorized agent bank to whom any payment of
(H) Authority of the Commissioner to Prescribe any tax is made under the provisions of this Code to
Additional Procedural or Documentary Requirements. - acknowledge the payment of such tax, expressing the
The Commissioner may prescribe the manner of amount paid and the particular account for which such
compliance with any documentary or procedural payment was made in a form and manner prescribed
requirement in connection with the submission or therefor by the Commissioner.
preparation of financial statements accompanying the
tax returns. SEC. 9. Internal Revenue Districts. - With the approval of
the Secretary of Finance, the Commissioner shall divide
SEC. 7.Authority of the Commissioner to Delegate the Philippines into such number of revenue districts as
Power. - The Commissioner may delegate the powers may from time to time be required for administrative
vested in him under the pertinent provisions of this Code purposes. Each of these districts shall be under the
to any or such subordinate officials with the rank supervision of a Revenue District Officer.
equivalent to a division chief or higher, subject to such
limitations and restrictions as may be imposed under SEC. 10. Revenue Regional Director. - Under rules and
rules and regulations to be promulgated by the Secretary regulations, policies and standards formulated by the
of Finance, upon recommendation of the Commissioner: Commissioner, with the approval of the Secretary of
Provided, however, That the following powers of the Finance, the Revenue Regional director shall, within the
Commissioner shall not be delegated: region and district offices under his jurisdiction, among
others:
(a) The power to recommend the promulgation of
rules and regulations by the Secretary of Finance; (a) Implement laws, policies, plans, programs, rules
and regulations of the department or agencies in
(b) The power to issue rulings of first impression or the regional area;
to reverse, revoke or modify any existing ruling of the
Bureau; (b) Administer and enforce internal revenue laws,
and rules and regulations, including the assessment
(c) The power to compromise or abate, under Sec. and collection of all internal revenue taxes, charges
204 (A) and (B) of this Code, any tax liability: and fees;
Provided, however, That assessments issued by the
regional offices involving basic deficiency taxes of (c) Issue Letters of authority for the examination of
Five hundred thousand pesos (P500,000) or less, and taxpayers within the region;
minor criminal violations, as may be determined by (d) Provide economical, efficient and effective
rules and regulations to be promulgated by the service to the people in the area;
Secretary of finance, upon recommendation of the
Commissioner, discovered by regional and district (e) Coordinate with regional offices or other
officials, may be compromised by a regional departments, bureaus and agencies in the area;
evaluation board which shall be composed of the (f) Coordinate with local government units in the
Regional Director as Chairman, the Assistant area;
Regional Director, the heads of the Legal,
Assessment and Collection Divisions and the (g) Exercise control and supervision over the officers
and employees within the region; and
(h) Perform such other functions as may be functions, as often as the exigencies of the revenue
provided by law and as may be delegated by the service may require, to establishments or places where
Commissioner. articles subject to excise tax are produced or kept:
SEC. 11. Duties of Revenue District Officers and Other Provided, That an internal revenue officer assigned to any
Internal Revenue Officers. - It shall be the duty of every such establishment shall in no case stay in his
Revenue District Officer or other internal revenue officers assignment for more than two (2) years, subject to rules
and employees to ensure that all laws, and rules and and regulations to be prescribed by the Secretary of
regulations affecting national internal revenue are Finance, upon recommendation of the Commissioner.
faithfully executed and complied with, and to aid in the SEC. 17. Assignment of Internal Revenue Officers and
prevention, detection and punishment of frauds of Other Employees to Other Duties. - The Commissioner
delinquencies in connection therewith. may, subject to the provisions of Section 16 and the laws
It shall be the duty of every Revenue District Officer to on civil service, as well as the rules and regulations to be
examine the efficiency of all officers and employees of prescribed by the Secretary of Finance upon the
the Bureau of Internal Revenue under his supervision, recommendation of the Commissioner, assign or reassign
and to report in writing to the Commissioner, through the internal revenue officers and employees of the Bureau of
Regional Director, any neglect of duty, incompetency, Internal Revenue, without change in their official rank
delinquency, or malfeasance in office of any internal and salary, to other or special duties connected with the
revenue officer of which he may obtain knowledge, with enforcement or administration of the revenue laws as the
a statement of all the facts and any evidence sustaining exigencies of the service may require: Provided, That
each case. internal revenue officers assigned to perform assessment
or collection function shall not remain in the same
SEC. 12. Agents and Deputies for Collection of National assignment for more than three (3) years; Provided,
Internal Revenue Taxes. - The following are hereby further, That assignment of internal revenue officers and
constituted agents of the Commissioner: employees of the Bureau to special duties shall not
a) The Commissioner of Customs and his exceed one (1) year.
subordinates with respect to the collection of SEC. 18. Reports of Violation of Laws. - When an
national internal revenue taxes on imported goods; internal revenue officer discovers evidence of a violation
b) The head of the appropriate government office of this Code or of any law, rule or regulations
and his subordinates with respect to the collection administered by the Bureau of Internal Revenue of such
of energy tax; and character as to warrant the institution of criminal
proceedings, he shall immediately report the facts to the
c) Banks duly accredited by the Commissioner with Commissioner through his immediate superior, giving
respect to receipt of payments internal revenue the name and address of the offender and the names of
taxes authorized to be made thru banks. the witnesses if possible: Provided, That in urgent cases,
Any officer or employee of an authorized agent bank the Revenue Regional director or Revenue District Officer,
assigned to receive internal revenue tax payments and as the case may be, may send the report to the
transmit tax returns or documents to the Bureau of corresponding prosecuting officer in the latter case, a
Internal Revenue shall be subject to the same sanctions copy of his report shall be sent to the Commissioner.
and penalties prescribed in Sections 269 and 270 of this SEC. 19. Contents of Commissioner's Annual Report. -
Code. The Annual Report of the Commissioner shall contain
SEC. 13. Authority of a Revenue Officer. - Subject to the detailed statements of the collections of the Bureau with
rules and regulations to be prescribed by the Secretary of specifications of the sources of revenue by type of tax, by
Finance, upon recommendation of the Commissioner, a manner of payment, by revenue region and by industry
Revenue Officer assigned to perform assessment group and its disbursements by classes of expenditures.
functions in any district may, pursuant to a Letter of In case the actual collection exceeds or falls short of
Authority issued by the Revenue Regional Director, target as set in the annual national budget by fifteen
examine taxpayers within the jurisdiction of the district in percent (15%) or more, the Commissioner shall explain the
order to collect the correct amount of tax, or to reason for such excess or shortfall.
recommend the assessment of any deficiency tax due in
the same manner that the said acts could have been SEC. 20. Submission of Report and Pertinent
performed by the Revenue Regional Director himself. Information by the Commissioner. -
SEC. 14. Authority of Officers to Administer Oaths and (A) Submission of Pertinent Information to Congress. -
Take Testimony. - The Commissioner, Deputy The provision of Section 270 of this Code to the contrary
Commissioners, Service Chiefs, Assistant Service Chiefs, notwithstanding, the Commissioner shall, upon request
Revenue Regional Directors, Assistant Revenue Regional of Congress and in aid of legislation, furnish its
Directors, Chiefs and Assistant Chiefs of Divisions, appropriate Committee pertinent information including
Revenue District Officers, special deputies of the but not limited to: industry audits, collection performance
Commissioner, internal revenue officers and any other data, status reports in criminal actions initiated against
employee of the Bureau thereunto especially deputized persons and taxpayer's returns: Provided, however, That
by the Commissioner shall have the power to administer any return or return information which can be associated
oaths and to take testimony in any official matter or with, or otherwise identify, directly or indirectly, a
investigation conducted by them regarding matters particular taxpayer shall be furnished the appropriate
within the jurisdiction of the Bureau. Committee of Congress only when sitting in Executive
Session Unless such taxpayer otherwise consents in
SEC. 15. Authority of Internal Revenue Officers to Make writing to such disclosure.
Arrests and Seizures. - The Commissioner, the Deputy
Commissioners, the Revenue Regional Directors, the (B) Report to Oversight Committee. - The Commissioner
Revenue District Officers and other internal revenue shall, with reference to Section 204 of this Code, submit to
officers shall have authority to make arrests and seizures the Oversight Committee referred to in Section 290
for the violation of any penal law, rule or regulation hereof, through the Chairmen of the Committee on Ways
administered by the Bureau of Internal Revenue. Any and Means of the Senate and House of Representatives, a
person so arrested shall be forthwith brought before a report on the exercise of his powers pursuant to the said
court, there to be dealt with according to law. section, every six (6) months of each calendar year.
SEC. 16. Assignment of Internal Revenue Officers SEC. 21. Sources of Revenue. - The following taxes, fees
Involved in Excise Tax Functions to Establishments and charges are deemed to be national internal revenue
Where Articles subject to Excise Tax are Produced or taxes:
Kept. - The Commissioner shall employ, assign, or (a) Income tax;
reassign internal revenue officers involved in excise tax
(b) Estate and donor's taxes; (G) The term 'nonresident alien' means an individual
(c) Value-added tax; whose residence is not within the Philippines and who is
not a citizen thereof.
(d) Other percentage taxes;
(H) The term 'resident foreign corporation' applies to a
(e) Excise taxes; foreign corporation engaged in trade or business within
(f) Documentary stamp taxes; and the Philippines.
(g) Such other taxes as are or hereafter may be (I) The term 'nonresident foreign corporation' applies to
imposed and collected by the Bureau of Internal a foreign corporation not engaged in trade or business
Revenue. within the Philippines.
(J) The term 'fiduciary' means a guardian, trustee,
executor, administrator, receiver, conservator or any
TITLE II TAX ON INCOME person acting in any fiduciary capacity for any person.
(As Last Amended by RA No. 10653, 10963) [5] (K) The term 'withholding agent' means any person
required to deduct and withhold any tax under the
Revenue Regulation Implementing the Income Tax provisions of Section 57.
Provisions of TRAIN Act (L) The term 'shares of stock' shall include shares of stock
of a corporation, warrants and/or options to purchase
shares of stock, as well as units of participation in a
partnership (except general professional partnerships),
CHAPTER I - DEFINITIONS joint stock companies, joint accounts, joint ventures
taxable as corporations, associations and recreation or
SEC. 22. Definitions. - When used in this Title: amusement clubs (such as golf, polo or similar clubs), and
(A) The term 'person' means an individual, a trust, estate mutual fund certificates.
or corporation. (M) The term 'shareholder' shall include holders of a
(B) The term 'corporation' shall include partnerships, no share/s of stock, warrant/s and/or option/s to purchase
matter how created or organized, joint-stock companies, shares of stock of a corporation, as well as a holder of a
joint accounts (cuentas en participacion), association, or unit of participation in a partnership (except general
insurance companies, but does not include general professional partnerships) in a joint stock company, a
professional partnerships and a joint venture or joint account, a taxable joint venture, a member of an
consortium formed for the purpose of undertaking association, recreation or amusement club (such as golf,
construction projects or engaging in petroleum, coal, polo or similar clubs) and a holder of a mutual fund
geothermal and other energy operations pursuant to an certificate, a member in an association, joint-stock
operating consortium agreement under a service company, or insurance company.
contract with the Government. 'General professional (N) The term 'taxpayer' means any person subject to tax
partnerships' are partnerships formed by persons for the imposed by this Title.
sole purpose of exercising their common profession, no
part of the income of which is derived from engaging in (O) The terms 'including' and 'includes', when used in a
any trade or business. definition contained in this Title, shall not be deemed to
exclude other things otherwise within the meaning of the
(C) The term 'domestic', when applied to a corporation, term defined.
means created or organized in the Philippines or under
its laws. (P) The term 'taxable year' means the calendar year, or
the fiscal year ending during such calendar year, upon
(D) The term 'foreign', when applied to a corporation, the basis of which the net income is computed under this
means a corporation which is not domestic Title. 'Taxable year' includes, in the case of a return made
(E) The term 'nonresident citizen' means; for a fractional part of a year under the provisions of this
Title or under rules and regulations prescribed by the
(1) A citizen of the Philippines who establishes to the Secretary of Finance, upon recommendation of the
satisfaction of the Commissioner the fact of his commissioner, the period for which such return is made.
physical presence abroad with a definite intention to
reside therein. (Q) The term 'fiscal year' means an accounting period of
twelve (12) months ending on the last day of any month
(2) A citizen of the Philippines who leaves the other than December.
Philippines during the taxable year to reside abroad,
either as an immigrant or for employment on a (R) The terms 'paid or incurred' and 'paid or accrued'
permanent basis. shall be construed according to the method of
accounting upon the basis of which the net income is
(3) A citizen of the Philippines who works and computed under this Title.
derives income from abroad and whose
employment thereat requires him to be physically (S) The term 'trade or business' includes the
present abroad most of the time during the taxable performance of the functions of a public office.
year. (T) The term 'securities' means shares of stock in a
(4) A citizen who has been previously considered as corporation and rights to subscribe for or to receive such
nonresident citizen and who arrives in the shares. The term includes bonds, debentures, notes or
Philippines at any time during the taxable year to certificates, or other evidence or indebtedness, issued by
reside permanently in the Philippines shall likewise any corporation, including those issued by a government
be treated as a nonresident citizen for the taxable or political subdivision thereof, with interest coupons or in
year in which he arrives in the Philippines with registered form.
respect to his income derived from sources abroad (U) The term 'dealer in securities' means a merchant of
until the date of his arrival in the Philippines. stocks or securities, whether an individual, partnership or
(5) The taxpayer shall submit proof to the corporation, with an established place of business,
Commissioner to show his intention of leaving the regularly engaged in the purchase of securities and the
Philippines to reside permanently abroad or to resale thereof to customers; that is, one who, as a
return to and reside in the Philippines as the case merchant, buys securities and re-sells them to customers
may be for purpose of this Section. with a view to the gains and profits that may be derived
therefrom.
(F) The term 'resident alien' means an individual whose
residence is within the Philippines and who is not a (V) The term 'bank' means every banking institution, as
citizen thereof. defined in Section 2 of Republic Act No. 337, [6] as
amended, otherwise known as the "General banking for their affiliates, subsidiaries, or branches in the
Act." A bank may either be a commercial bank, a thrift Asia-Pacific Region and other foreign markets.
bank, a development bank, a rural bank or specialized (EE) The term 'regional operating headquarters' shall
government bank. mean a branch established in the Philippines by
(W) The term 'non-bank financial intermediary' means multinational companies which are engaged in any of the
a financial intermediary, as defined in Section 2(D)(C) of following services: general administration and planning;
Republic Act No. 337, [7] as amended, otherwise known as business planning and coordination; sourcing and
the "General Banking Act," authorized by the Bangko procurement of raw materials and components;
Sentral ng Pilipinas (BSP) to perform quasi-banking corporate finance advisory services; marketing control
activities. and sales promotion; training and personnel
(X) The term 'quasi-banking activities' means borrowing management; logistic services; research and
funds from twenty (20) or more personal or corporate development services and product development;
lenders at any one time, through the issuance, technical support and maintenance; data processing and
endorsement, or acceptance of debt instruments of any communications; and business development.
kind other than deposits for the borrower's own account, (FF) The term 'long-term deposit or investment
or through the issuance of certificates of assignment or certificate' shall refer to certificate of time deposit or
similar instruments, with recourse, or of repurchase investment in the form of savings, common or individual
agreements for purposes of relending or purchasing trust funds, deposit substitutes, investment management
receivables and other similar obligations: Provided, accounts and other investments with a maturity period of
however, That commercial, industrial and other not less than five (5) years, the form of which shall be
non-financial companies, which borrow funds through prescribed by the Bangko Sentral ng Pilipinas (BSP) and
any of these means for the limited purpose of financing issued by banks only (not by non-bank financial
their own needs or the needs of their agents or dealers, intermediaries and finance companies) to individuals in
shall not be considered as performing quasi-banking denominations of Ten thousand pesos (P10,000) and
functions. other denominations as may be prescribed by the BSP.
(Y) The term 'deposit substitutes' shall mean an (GG) The term 'statutory minimum wage' shall refer to
alternative from of obtaining funds from the public (the the rate fixed by the Regional Tripartite Wage and
term 'public' means borrowing from twenty (20) or more Productivity Board, as defined by the Bureau of Labor
individual or corporate lenders at any one time) other and Employment Statistics (BLES) of the Department of
than deposits, through the issuance, endorsement, or Labor and Employment (DOLE). [9]
acceptance of debt instruments for the borrowers own (HH) The term 'minimum wage earner' shall refer to a
account, for the purpose of relending or purchasing of worker in the private sector paid the statutory minimum
receivables and other obligations, or financing their own wage or to an employee in the public sector with
needs or the needs of their agent or dealer. These compensation income of not more than the statutory
instruments may include, but need not be limited to minimum wage in the non-agricultural sector where
bankers' acceptances, promissory notes, repurchase he/she is assigned. [10]
agreements, including reverse repurchase agreements
entered into by and between the Bangko Sentral ng
Pilipinas (BSP) and any authorized agent bank,
certificates of assignment or participation and similar
CHAPTER II GENERAL PRINCIPLES
instruments with recourse: Provided, however, That debt
instruments issued for interbank call loans with maturity SEC. 23. General Principles of Income Taxation in the
of not more than five (5) days to cover deficiency in Philippines. - Except when otherwise provided in this
reserves against deposit liabilities, including those Code:
between or among banks and quasi-banks, shall not be (A) A citizen of the Philippines residing therein is taxable
considered as deposit substitute debt instruments. on all income derived from sources within and without
(Z) The term 'ordinary income' includes any gain from the Philippines;
the sale or exchange of property which is not a capital (B) A nonresident citizen is taxable only on income
asset or property described in Section 39(A)(1). Any gain derived from sources within the Philippines;
from the sale or exchange of property which is treated or
considered, under other provisions of this Title, as (C) An individual citizen of the Philippines who is working
'ordinary income' shall be treated as gain from the sale and deriving income from abroad as an overseas contract
or exchange of property which is not a capital asset as worker is taxable only on income derived from sources
defined in Section 39(A)(1). The term 'ordinary loss' within the Philippines: Provided, That a seaman who is a
includes any loss from the sale or exchange of property citizen of the Philippines and who receives compensation
which is not a capital asset. Any loss from the sale or for services rendered abroad as a member of the
exchange of property which is treated or considered, complement of a vessel engaged exclusively in
under other provisions of this Title, as 'ordinary loss' shall international trade shall be treated as an overseas
be treated as loss from the sale or exchange of property contract worker;
which is not a capital asset. (D) An alien individual, whether a resident or not of the
(AA) The term 'rank and file employees' shall mean all Philippines, is taxable only on income derived from
employees who are holding neither managerial nor sources within the Philippines;
supervisory position as defined under existing provisions (E) A domestic corporation is taxable on all income
of the Labor Code of the Philippines, as amended. derived from sources within and without the Philippines;
(BB) The term 'mutual fund company' shall mean an and
open-end and close-end investment company as defined (F) A foreign corporation, whether engaged or not in
under the Investment Company Act. [8] trade or business in the Philippines, is taxable only on
(CC) The term 'trade, business or profession' shall not income derived from sources within the Philippines.
include performance of services by the taxpayer as an
employee.
(DD) The term 'regional or area headquarters' shall CHAPTER III TAX ON INDIVIDUALS
mean a branch established in the Philippines by
multinational companies and which headquarters do not SEC. 24. Income Tax Rates. -
earn or derive income from the Philippines and which act (A) Rates of Income Tax on Individual Citizen and
as supervisory, communications and coordinating center Individual Resident Alien of the Philippines. —
(1) An income tax is hereby imposed: (b) Rate of Tax on Income of Purely Self-employed
(a) On the taxable income defined in Section 31 of this Individuals and/or Professionals Whose Gross Sales or
Code, other than income subject to tax under Gross Receipts and Other Non-operating Income Does
Subsections (B), (C), and (D) of this Section, derived for Not Exceed the Value-added Tax (VAT) Threshold as
each taxable year from all sources within and without the Provided in Section 109(BB). — Self-employed
Philippines by every individual citizen of the Philippines individuals and/or professionals shall have the option to
residing therein; avail of an eight percent (8%) tax on gross sales or gross
receipts and other non-operating income in excess of
(b) On the taxable income defined in Section 31 of this Two hundred fifty thousand pesos (P250,000) in lieu of
Code, other than income subject to tax under the graduated income tax rates under Subsection
Subsections (B), (C), and (D) of this Section, derived for (A)(2)(a) of this Section and the percentage tax under
each taxable year from all sources within the Philippines Section 116 of this Code.
by an individual citizen of the Philippines who is residing
outside of the Philippines including overseas contract (c) Rate of Tax for Mixed Income Earners. —
workers referred to in Subsection (C) of Section 23 hereof; Taxpayers earning both compensation income and
and income from business or practice of profession shall be
subject to the following taxes:
(c) On the taxable income defined in Section 31 of this
Code, other than income subject to tax under (1) All Income from Compensation — The rates
Subsections (B), (C), and (D) of this Section, derived for prescribed under Subsection (A)(2)(a) of this Section.
each taxable year from all sources within the Philippines (2) All Income from Business or Practice of Profession
by an individual alien who is a resident of the Philippines. —
(2) Rates of Tax on Taxable Income of Individuals. (a) If Total Gross Sales and/or Gross Receipts and
— The tax shall be computed in accordance with and at Other Non-operating Income Do Not Exceed the VAT
the rates established in the following schedule: Threshold as Provided in Section 109(BB) of this Code. —
(a) Tax Schedule Effective January 1, 2018 until The rates prescribed under Subsection (A)(2)(a) of this
December 31, 2022: Section on taxable income, or eight percent (8%) income
tax based on gross sales or gross receipts and other
Not over P250,000 0% non-operating income in lieu of the graduated income
Over P250,000 but not over 20% of the excess tax rates under Subsection (A)(2)(a) of this Section and
P400,000 over P250,000 the percentage tax under Section 116 of this Code.
(b) If Total Gross Sales and/or Gross Receipts and
Over P400,000 but not over P30,000 + 25% of the Other Non-operating Income Exceeds the VAT Threshold
P800,000 excess over P400,000 as Provided in Section 109(BB) of this Code. — The rates
Over P800,000 but not over P130,000 + 30% of the prescribed under Subsection (A)(2)(a) of this Section.
P2,000,000 excess over P800,000 (B) Rate of Tax on Certain Passive Income: —
Over P2,000,000 but not P490,000 + 32% of (1) Interests, Royalties, Prizes, and Other Winnings.
over P8,000,000 the excess over — A final tax at the rate of twenty percent (20%) is hereby
P2,000,000 imposed upon the amount of interest from any currency
Over P8,000,000 P2,410,000 + 35% of bank deposit and yield or any other monetary benefit
the excess over from deposit substitutes and from trust funds and similar
P8,000,000 arrangements; royalties, except on books, as well as other
literary works and musical compositions, which shall be
imposed a final tax of ten percent (10%); prizes (except
Tax Schedule Effective January 1, 2023 and onwards: prizes amounting to Ten thousand pesos (P10,000) or less
which shall be subject to tax under Subsection (A) of
Not over P250,000 0% Section 24; and other winnings (except winnings
Over P250,000 but not over 15% of the excess over amounting to Ten thousand pesos (P10,000) or less from
P400,000 P250,000 Philippine Charity Sweepstakes and Lotto which shall be
exempt), derived from sources within the Philippines:
Over P400,000 but not over P22,500 + 20% of the Provided, however, That interest income received by an
P800,000 excess over P400,000 individual taxpayer (except a nonresident individual) from
a depository bank under the expanded foreign currency
Over P800,000 but not over P102,500 + 25% of the
deposit system shall be subject to a final income tax at
P2,000,000 excess over P800,000
the rate of fifteen percent (15%) of such interest income:
Over P2,000,000 but not P402,500 + 30% of Provided, further, That interest income from long-term
over P8,000,000 the excess over deposit or investment in the form of savings, common or
P2,000,000 individual trust funds, deposit substitutes, investment
management accounts and other investments evidenced
Over P8,000,000 P2,202,500 + 35% of by certificates in such form prescribed by the Bangko
the excess over Sentral ng Pilipinas (BSP) shall be exempt from the tax
P8,000,000 imposed under this Subsection: Provided, finally, That
For married individuals, the husband and wife, should the holder of the certificate pre-terminate the
subject to the provision of Section 51(D) hereof, shall deposit or investment before the fifth (5th) year, a final
compute separately their individual income tax based on tax shall be imposed on the entire income and shall be
their respective total taxable income: Provided, That if any deducted and withheld by the depository bank from the
income cannot be definitely attributed to or identified as proceeds of the long-term deposit or investment
income exclusively earned or realized by either of the certificate based on the remaining maturity thereof:
spouses, the same shall be divided equally between the Four (4) years to less than five (5) years - 5%;
spouses for the purpose of determining their respective
taxable income. Three (3) years to less than (4) years - 12%; and
Provided, That minimum wage earners as defined in Less than three (3) years - 20%
Section 22(HH) of this Code shall be exempt from the (2) Cash and/or Property Dividends. — A final tax at
payment of income tax on their taxable income:Provided, the rate of ten percent (10%) shall be imposed upon the
further, That the holiday pay, overtime pay, night shift cash and/or property dividends actually or constructively
differential pay and hazard pay received by such received by an individual from a domestic corporation or
minimum wage earners shall likewise be exempt from from a joint stock company, insurance or mutual fund
income tax. companies and regional operating headquarters of
multinational companies, or on the share of an individual on taxable income received from all sources within
in the distributable net income after tax of a partnership the Philippines. A nonresident alien individual who
(except a general professional partnership) of which he is shall come to the Philippines and stay therein for an
a partner, or on the share of an individual in the net aggregate period of more than one hundred eighty
income after tax of an association, a joint account, or a (180) days during any calendar year shall be deemed
joint venture or consortium taxable as a corporation of a 'nonresident alien doing business in the
which he is a member or co-venturer. Philippines'. Section 22 (G) of this Code
(C) Capital Gains from Sale of Shares of Stock not notwithstanding.
Traded in the Stock Exchange. — The provisions of (2) Cash and/or Property Dividends from a
Section 39(B) notwithstanding, a final tax at the rate of Domestic Corporation or Joint Stock Company, or
fifteen percent (15%) is hereby imposed upon the net Insurance or Mutual Fund Company or Regional
capital gains realized during the taxable year from the Operating Headquarter or Multinational
sale, barter, exchange or other disposition of shares of Company, or Share in the Distributable Net
stock in a domestic corporation, except shares sold, or Income of a Partnership (Except a General
disposed of through the stock exchange. Professional Partnership), Joint Account, Joint
Venture Taxable as a Corporation or Association.,
Interests, Royalties, Prizes, and Other Winnings. -
Not over P 100,000 5% Cash and/or property dividends from a domestic
corporation, or from a joint stock company, or from
On any amount in excess of P 100,000 10% an insurance or mutual fund company or from a
regional operating headquarter of multinational
(as amended by RA No 10963) company, or the share of a nonresident alien
(D) Capital Gains from Sale of Real Property. - individual in the distributable net income after tax of
a partnership (except a general professional
(1) In General. - The provisions of Section 39(B) partnership) of which he is a partner, or the share of
notwithstanding, a final tax of six percent (6%) based a nonresident alien individual in the net income
on the gross selling price or current fair market value after tax of an association, a joint account, or a joint
as determined in accordance with Section 6(E) of venture taxable as a corporation of which he is a
this Code, whichever is higher, is hereby imposed member or a co-venturer; interests; royalties (in any
upon capital gains presumed to have been realized form); and prizes (except prizes amounting to Ten
from the sale, exchange, or other disposition of real thousand pesos (P10,000) or less which shall be
property located in the Philippines, classified as subject to tax under Subsection (B)(1) of Section 24)
capital assets, including pacto de retro sales and and other winnings (except Philippine Charity
other forms of conditional sales, by individuals, Sweepstakes and Lotto winnings); shall be subject to
including estates and trusts: Provided, That the tax an income tax of twenty percent (20%) on the total
liability, if any, on gains from sales or other amount thereof: Provided, however, that royalties on
dispositions of real property to the government or books as well as other literary works, and royalties on
any of its political subdivisions or agencies or to musical compositions shall be subject to a final tax
government-owned or controlled corporations shall of ten percent (10%) on the total amount thereof:
be determined either under Section 24 (A) or under Provided, further, That cinematographic films and
this Subsection, at the option of the taxpayer; similar works shall be subject to the tax provided
(2) Exception. - The provisions of paragraph (1) of under Section 28 of this Code: Provided,
this Subsection to the contrary notwithstanding, furthermore, That interest income from long-term
capital gains presumed to have been realized from deposit or investment in the form of savings,
the sale or disposition of their principal residence by common or individual trust funds, deposit
natural persons, the proceeds of which is fully substitutes, investment management accounts and
utilized in acquiring or constructing a new principal other investments evidenced by certificates in such
residence within eighteen (18) calendar months form prescribed by the Bangko Sentral ng Pilipinas
from the date of sale or disposition, shall be exempt (BSP) shall be exempt from the tax imposed under
from the capital gains tax imposed under this this Subsection: Provided, finally, that should the
Subsection: Provided, That the historical cost or holder of the certificate pre-terminate the deposit or
adjusted basis of the real property sold or disposed investment before the fifth (5th) year, a final tax shall
shall be carried over to the new principal residence be imposed on the entire income and shall be
built or acquired: Provided, further, That the deducted and withheld by the depository bank from
Commissioner shall have been duly notified by the the proceeds of the long-term deposit or investment
taxpayer within thirty (30) days from the date of sale certificate based on the remaining maturity thereof:
or disposition through a prescribed return of his Four (4) years to less than five (5) years - 5%;
intention to avail of the tax exemption herein
mentioned: Provided, still further, That the said tax Three (3) years to less than four (4) years - 12%;
exemption can only be availed of once every ten (10) and
years: Provided, finally, That if there is no full Less than three (3) years - 20%.
utilization of the proceeds of sale or disposition, the
portion of the gain presumed to have been realized (3) Capital Gains. - Capital gains realized from sale,
from the sale or disposition shall be subject to barter or exchange of shares of stock in domestic
capital gains tax. For this purpose, the gross selling corporations not traded through the local stock
price or fair market value at the time of sale, exchange, and real properties shall be subject to the
whichever is higher, shall be multiplied by a fraction tax prescribed under Subsections (C) and (D) of
which the unutilized amount bears to the gross Section 24.
selling price in order to determine the taxable (B) Nonresident Alien Individual Not Engaged in Trade
portion and the tax prescribed under paragraph (1) or Business Within the Philippines. - There shall be
of this Subsection shall be imposed thereon. levied, collected and paid for each taxable year upon the
SEC. 25. Tax on Nonresident Alien Individual. - entire income received from all sources within the
Philippines by every nonresident alien individual not
(A) Nonresident Alien Engaged in trade or Business engaged in trade or business within the Philippines as
Within the Philippines. - interest, cash and/or property dividends, rents, salaries,
(1) In General. - A nonresident alien individual wages, premiums, annuities, compensation,
engaged in trade or business in the Philippines shall remuneration, emoluments, or other fixed or
be subject to an income tax in the same manner as determinable annual or periodic or casual gains, profits,
an individual citizen and a resident alien individual, and income, and capital gains, a tax equal to twenty-five
percent (25%) of such income. Capital gains realized by a shall be liable for income tax only in their separate and
nonresident alien individual not engaged in trade or individual capacities.
business in the Philippines from the sale of shares of For purposes of computing the distributive share of the
stock in any domestic corporation and real property shall partners, the net income of the partnership shall be
be subject to the income tax prescribed under computed in the same manner as a corporation.
Subsections (C) and (D) of Section 24.
Each partner shall report as gross income his distributive
(C) Alien Individual Employed by Regional or Area share, actually or constructively received, in the net
Headquarters and Regional Operating Headquarters of income of the partnership.
Multinational Companies. - There shall be levied,
collected and paid for each taxable year upon the gross
income received by every alien individual employed by
regional or area headquarters and regional operating
CHAPTER IV TAX ON CORPORATIONS
headquarters established in the Philippines by
multinational companies as salaries, wages, annuities, SEC. 27. Rates of Income tax on Domestic Corporations.
compensation, remuneration and other emoluments, -
such as honoraria and allowances, from such regional or (A) In General. - Except as otherwise provided in this
area headquarters and regional operating headquarters, Code, an income tax of thirty-five percent (35%) is hereby
a tax equal to fifteen percent (15%) of such gross income: imposed upon the taxable income derived during each
Provided, however, That the same tax treatment shall taxable year from all sources within and without the
apply to Filipinos employed and occupying the same Philippines by every corporation, as defined in Section
position as those of aliens employed by these 22(B) of this Code and taxable under this Title as a
multinational companies. For purposes of this Chapter, corporation, organized in, or existing under the laws of
the term 'multinational company' means a foreign firm the Philippines: Provided, That effective January 1, 2009,
or entity engaged in international trade with affiliates or the rate of income tax shall be thirty percent (30%). [15]
subsidiaries or branch offices in the Asia-Pacific Region
and other foreign markets.(as amended by RA No 10963) In the case of corporations adopting the fiscal-year
accounting period, the taxable income shall be computed
(D) Alien Individual Employed by Offshore Banking without regard to the specific date when specific sales,
Units. - There shall be levied, collected and paid for each purchases and other transactions occur. Their income
taxable year upon the gross income received by every and expenses for the fiscal year shall be deemed to have
alien individual employed by offshore banking units been earned and spent equally for each month of the
established in the Philippines as salaries, wages, period.
annuities, compensation, remuneration and other
emoluments, such as honoraria and allowances, from The corporate income tax rate shall be applied on the
such offshore banking units, a tax equal to fifteen percent amount computed by multiplying the number of months
(15%) of such gross income: Provided, however, That the covered by the new rate within the fiscal year by the
same tax treatment shall apply to Filipinos employed and taxable income of the corporation for the period, divided
occupying the same position as those of aliens employed by twelve. [16]
by these offshore banking units.(as amended by RA No Provided, further, That the President, upon the
10963) recommendation of the Secretary of Finance, may
(E) Alien Individual Employed by Petroleum Service effective January 1, 2000, allow corporations the option to
Contractor and Subcontractor. [14] - An alien individual be taxed at fifteen percent (15%) of gross income as
who is a permanent resident of a foreign country but who defined herein, after the following conditions have been
is employed and assigned in the Philippines by a foreign satisfied:
service contractor or by a foreign service subcontractor (1) A tax effort ratio of twenty percent (20%) of Gross
engaged in petroleum operations in the Philippines shall National Product (GNP);
be liable to a tax of fifteen percent (15%) of the salaries,
wages, annuities, compensation, remuneration and other (2) A ratio of forty percent (40%) of income tax
emoluments, such as honoraria and allowances, received collection to total tax revenues;
from such contractor or subcontractor: Provided, (3) A VAT tax effort of four percent (4%) of GNP; and
however, That the same tax treatment shall apply to a
(4) A 0.9 percent (0.9%) ratio of the Consolidated
Filipino employed and occupying the same position as an
Public Sector Financial Position (CPSFP) to GNP.
alien employed by petroleum service contractor and
subcontractor. The option to be taxed based on gross income shall be
available only to firms whose ratio of cost of sales to gross
Any income earned from all other sources within the
sales or receipts from all sources does not exceed
Philippines by the alien employees referred to under
fifty-five percent (55%).
Subsections (C), (D), and (E) hereof shall be subject to the
pertinent income tax, as the case may be, imposed under The election of the gross income tax option by the
this Code. corporation shall be irrevocable for three (3) consecutive
taxable years during which the corporation is qualified
(as amended by RA No 10963)
under the scheme.
(F) The preferential tax treatment provided in
For purposes of this Section, the term 'gross income'
Subsections (C), (D), and (E) of this Section shall not be
derived from business shall be equivalent to gross sales
applicable to regional headquarters (RHQs), regional
less sales returns, discounts and allowances and cost of
operating headquarters (ROHQs), offshore banking units
goods sold. 'Cost of goods sold' shall include all business
(OBUs) or petroleum service contractors and
expenses directly incurred to produce the merchandise to
subcontractors registering with the Securities and
bring them to their present location and use.
Exchange Commission (SEC) after January 1, 2018:
Provided, however, That existing RHQs/ROHQs, OBUs or For a trading or merchandising concern, 'cost of goods
petroleum service contractors and subcontractors sold' shall include the invoice cost of the goods sold, plus
presently availing of preferential tax rates for qualified import duties, freight in transporting the goods to the
employees shall continue to be entitled to avail of the place where the goods are actually sold, including
preferential tax rate for present and future qualified insurance while the goods are in transit.
employees.(as amended by RA No 10963) For a manufacturing concern, 'cost of goods
SEC. 26. Tax Liability of Members of General manufactured and sold' shall include all costs of
Professional Partnerships. - A general professional production of finished goods, such as raw materials used,
partnership as such shall not be subject to the income tax direct labor and manufacturing overhead, freight cost,
imposed under this Chapter. Persons engaging in
business as partners in a general professional partnership
insurance premiums and other costs incurred to bring banks including branches of foreign banks that may
the raw materials to the factory or warehouse. be authorized by the Bangko Sentral ng Pilipinas
In the case of taxpayers engaged in the sale of service, (BSP) to transact business with foreign currency
'gross income' means gross receipts less sales returns, deposit system shall be exempt from all taxes,
allowances and discounts. except net income from such transactions as may
be specified by the Secretary of Finance, upon
(B) Proprietary Educational Institutions and Hospitals. - recommendation by the Monetary Board to be
Proprietary educational institutions and hospitals which subject to the regular income tax payable by banks:
are nonprofit shall pay a tax of ten percent (10%) on their Provided, however, That interest income from
taxable income except those covered by Subsection (D) foreign currency loans granted by such depository
hereof: Provided, that if the gross income from 'unrelated banks under said expanded system to residents
trade, business or other activity' exceeds fifty percent other than offshore banking units in the Philippines
(50%) of the total gross income derived by such or other depository banks under the expanded
educational institutions or hospitals from all sources, the system, shall be subject to a final tax at the rate of
tax prescribed in Subsection (A) hereof shall be imposed ten percent (10%). [20]
on the entire taxable income. For purposes of this Any income of nonresidents, whether individuals or
Subsection, the term 'unrelated trade, business or other corporations, from transactions with depository
activity' means any trade, business or other activity, the banks under the expanded system shall be exempt
conduct of which is not substantially related to the from income tax.
exercise or performance by such educational institution
or hospital of its primary purpose or function. A (4) Intercorporate Dividends. - Dividends received
'proprietary educational institution' is any private by a domestic corporation from another domestic
school maintained and administered by private corporation shall not be subject to tax.
individuals or groups with an issued permit to operate (5) Capital Gains Realized from the Sale, Exchange
from the Department of Education, Culture and Sports or Disposition of Lands and/or Buildings. - Afinal
(DECS) [17], or the Commission on Higher Education tax of six percent (6%) is hereby imposed on the gain
(CHED), or the Technical Education and Skills presumed to have been realized on the sale,
Development Authority (TESDA), as the case may be, in exchange or disposition of lands and/or buildings
accordance with existing laws and regulations. which are not actually used in the business of a
(C) Government-owned or -Controlled Corporations, corporation and are treated as capital assets, based
Agencies or Instrumentalities. [18] - The provisions of on the gross selling price of fair market value as
existing special or general laws to the contrary determined in accordance with Section 6(E) of this
notwithstanding, all corporations, agencies, or Code, whichever is higher, of such lands and/or
instrumentalities owned or controlled by the buildings.
Government, except the Government Service Insurance (E) Minimum Corporate Income Tax on Domestic
System (GSIS), the Social Security System (SSS), the Corporations. -
Philippine Health Insurance Corporation (PHIC), and the (1) Imposition of Tax. - A minimum corporate
local water districts shall pay such rate of tax upon their income tax of two percent (2%) of the gross income
taxable income as are imposed by this Section upon as of the end of the taxable year, as defined herein, is
corporations or associations engaged in a similar hereby imposed on a corporation taxable under this
business, industry, or activity.(as amended by RA No Title, beginning on the fourth taxable year
10963) immediately following the year in which such
(D) Rates of Tax on Certain Passive Incomes. - corporation commenced its business operations,
(1) Interest from Deposits and Yield or any other when the minimum income tax is greater than the
Monetary Benefit from Deposit Substitutes and tax computed under Subsection (A) of this Section
from Trust Funds and Similar Arrangements, and for the taxable year.
Royalties. — A final tax at the rate of twenty percent (2) Carry Forward of Excess Minimum Tax. - Any
(20%) is hereby imposed upon the amount of excess of the minimum corporate income tax over
interest on currency bank deposit and yield or any the normal income tax as computed under
other monetary benefit from deposit substitutes Subsection (A) of this Section shall be carried
and from trust funds and similar arrangements forward and credited against the normal income tax
received by domestic corporations, and royalties, for the three (3) immediately succeeding taxable
derived from sources within the Philippines: years.
Provided, however, That interest income derived by a (3) Relief from the Minimum Corporate Income
domestic corporation from a depository bank under Tax Under Certain Conditions. - The Secretary of
the expanded foreign currency deposit system shall Finance is hereby authorized to suspend the
be subject to a final income tax at the rate of fifteen imposition of the minimum corporate income tax on
percent (15%) of such interest income. any corporation which suffers losses on account of
(2) Capital Gains from the Sale of Shares of Stock prolonged labor dispute, or because of force
Not Traded in the Stock Exchange. — A final tax at majeure, or because of legitimate business reverses.
the rate of fifteen percent (15%) shall be imposed on The Secretary of Finance is hereby authorized to
net capital gains realized during the taxable year promulgate, upon recommendation of the
from the sale, exchange or other disposition of Commissioner, the necessary rules and regulation
shares of stock in a domestic corporation except that shall define the terms and conditions under
shares sold or disposed of through the stock which he may suspend the imposition of the
exchange. minimum corporate income tax in a meritorious
(as amended by RA No 10963) case.
(4) Gross Income Defined. - For purposes of
Not over P 100,000 5% applying the minimum corporate income tax
Amount in excess of P 100,000 10% provided under Subsection (E) hereof, the term
'gross income' shall mean gross sales less sales
(3) Tax on Income Derived under the Expanded returns, discounts and allowances and cost of goods
Foreign Currency Deposit System. - Income sold. 'Cost of goods sold' shall include all business
derived by a depository bank under the expanded expenses directly incurred to produce the
foreign currency deposit system from foreign merchandise to bring them to their present location
currency transactions with non-residents, offshore and use.
banking units in the Philippines, local commercial
For a trading or merchandising concern, 'cost of goods Philippines: Provided, further, That for a flight
sold' shall include the invoice cost of the goods sold, plus which originates from the Philippines, but
import duties, freight in transporting the goods to the transshipment of passenger takes place at any
place where the goods are actually sold including part outside the Philippines on another airline,
insurance while the goods are in transit. only the aliquot portion of the cost of the ticket
For a manufacturing concern, 'cost of goods corresponding to the leg flown from the
manufactured and sold' shall include all costs of Philippines to the point of transshipment shall
production of finished goods, such as raw materials used, form part of Gross Philippine Billings.
direct labor and manufacturing overhead, freight cost, (b) International Shipping. - 'Gross Philippine
insurance premiums and other costs incurred to bring Billings' means gross revenue whether for
the raw materials to the factory or warehouse. passenger, cargo or mail originating from the
In the case of taxpayers engaged in the sale of service, Philippines up to final destination, regardless of
'gross income' means gross receipts less sales returns, the place of sale or payments of the passage or
allowances, discounts and cost of services. 'Cost of freight documents.
services' shall mean all direct costs and expenses Provided, That international carriers doing business
necessarily incurred to provide the services required by in the Philippines may avail of a preferential rate or
the customers and clients including (A) salaries and exemption from the tax herein imposed on their
employee benefits of personnel, consultants and gross revenue derived from the carriage of persons
specialists directly rendering the service and (B) cost of and their excess baggage on the basis of an
facilities directly utilized in providing the service such as applicable tax treaty or international agreement to
depreciation or rental of equipment used and cost of which the Philippines is a signatory or on the basis
supplies: Provided, however, That in the case of banks, of reciprocity such that an international carrier,
'cost of services' shall include interest expense. whose home country grants income tax exemption
SEC. 28. Rates of Income Tax on Foreign Corporations. - to Philippine carriers, shall likewise be exempt from
[21] the tax imposed under this provision.
(A) Tax on Resident Foreign Corporations. - (4) Offshore Banking Units. - The provisions of any
law to the contrary notwithstanding, income derived
(1) In General. - Except as otherwise provided in this by offshore banking units authorized by the Bangko
Code, a corporation organized, authorized, or Sentral ng Pilipinas (BSP), from foreign currency
existing under the laws of any foreign country, transactions with non-residents, other offshore
engaged in trade or business within the Philippines, banking units, local commercial banks, including
shall be subject to an income tax equivalent to branches of foreign banks that may be authorized
thirty-five percent (35%) of the taxable income by the Bangko Sentral ng Pilipinas (BSP) to transact
derived in the preceding taxable year from all business with offshore banking units shall be
sources within the Philippines: Provided, That exempt from all taxes except net income from such
effective January 1, 2009, the rate of income tax shall transactions as may be specified by the Secretary of
be thirty percent (30%). [22] Finance, upon recommendation of the Monetary
In the case of corporations adopting the fiscal-year Board which shall be subject to the regular income
accounting period, the taxable income shall be tax payable by banks: Provided, however, That any
computed without regard to the specific date when interest income derived from foreign currency loans
sales, purchases and other transactions occur. Their granted to residents other than offshore banking
income and expenses for the fiscal year shall be units or local commercial banks, including local,
deemed to have been earned and spent equally for branches of foreign banks that may be authorized
each month of the period. by the BSP to transact business with offshore
banking units, shall be subject only to a final tax at
The corporate income tax rate shall be applied on the rate of ten percent (10%). [24]
the amount computed by multiplying the number
of months covered by the new rate within the fiscal Any income of nonresidents, whether individuals or
year by the taxable income of the corporation for the corporations, from transactions with said offshore
period, divided by twelve. [23] banking units shall be exempt from income tax.
Provided, however, That a resident foreign (5) Tax on Branch Profits Remittances. - Any profit
corporation shall be granted the option to be taxed remitted by a branch to its head office shall be
at fifteen percent (15%) on gross income under the subject to a tax of fifteen (15%) which shall be based
same conditions, as provided in Section 27 (A). on the total profits applied or earmarked for
remittance without any deduction for the tax
(2) Minimum Corporate Income Tax on Resident component thereof (except those activities which
Foreign Corporations. - A minimum corporate are registered with the Philippine Economic Zone
income tax of two percent (2%) of gross income, as Authority). The tax shall be collected and paid in the
prescribed under Section 27 (E) of this Code, shall be same manner as provided in Sections 57 and 58 of
imposed, under the same conditions, on a resident this Code: Provided, that interests, dividends, rents,
foreign corporation taxable under paragraph (1) of royalties, including remuneration for technical
this Subsection. services, salaries, wages premiums, annuities,
(3) International Carrier. - An international carrier emoluments or other fixed or determinable annual,
doing business in the Philippines shall pay a tax of periodic or casual gains, profits, income and capital
two and one-half percent (2 1/2 %) on its 'Gross gains received by a foreign corporation during each
Philippine Billings' as defined hereunder: taxable year from all sources within the Philippines
shall not be treated as branch profits unless the
(a) International Air Carrier. - 'Gross Philippine same are effectively connected with the conduct of
Billings' refers to the amount of gross revenue its trade or business in the Philippines.
derived from carriage of persons, excess
baggage, cargo, and mail originating from the (6) Regional or Area Headquarters and Regional
Philippines in a continuous and uninterrupted Operating Headquarters of Multinational
flight, irrespective of the place of sale or issue Companies. -
and the place of payment of the ticket or (a) Regional or area headquarters as defined in
passage document: Provided, That tickets Section 22(DD) shall not be subject to income
revalidated, exchanged and/or indorsed to tax.
another international airline form part of the
Gross Philippine Billings if the passenger
boards a plane in a port or point in the
(b) Regional operating headquarters as defined received during each taxable year from all sources
in Section 22(EE) shall pay a tax of ten percent within the Philippines, such as interests, dividends,
(10%) of their taxable income. rents, royalties, salaries, premiums (except
(7) Tax on Certain Incomes Received by a Resident reinsurance premiums), annuities, emoluments or
Foreign Corporation. - other fixed or determinable annual, periodic or
casual gains, profits and income, and capital gains,
(a) Interest from Deposits and Yield or any except capital gains subject to tax under
other Monetary Benefit from Deposit subparagraph 5 ( c ): Provided, That effective January
Substitutes, Trust Funds and Similar 1, 2009, the rate of income tax shall be thirty percent
Arrangements and Royalties. - Interest from (30%). [26]
any currency bank deposit and yield or any
other monetary benefit from deposit (2) Nonresident Cinematographic Film Owner,
substitutes and from trust funds and similar Lessor or Distributor. - A cinematographic film
arrangements and royalties derived from owner, lessor, or distributor shall pay a tax of
sources within the Philippines shall be subject twenty-five percent (25%) of its gross income from
to a final income tax at the rate of twenty all sources within the Philippines.
percent (20%) of such interest: Provided, (3) Nonresident Owner or Lessor of Vessels
however, That interest income derived by a Chartered by Philippine Nationals. - A nonresident
resident foreign corporation from a depository owner or lessor of vessels shall be subject to a tax of
bank under the expanded foreign currency four and one-half percent (4 1/2%) of gross rentals,
deposit system shall be subject to a final lease or charter fees from leases or charters to
income tax at the rate of seven and one-half Filipino citizens or corporations, as approved by the
percent (7 1/2%) of such interest income. Maritime Industry Authority.
(b) Income Derived under the Expanded (4) Nonresident Owner or Lessor of Aircraft,
Foreign Currency Deposit System. - Income Machineries and Other Equipment. - Rentals,
derived by a depository bank under the charters and other fees derived by a nonresident
expanded foreign currency deposit system lessor of aircraft, machineries and other equipment
from foreign currency transactions with shall be subject to a tax of seven and one-half
nonresidents, offshore banking units in the percent (7 1/2%) of gross rentals or fees.
Philippines, local commercial banks including (5) Tax on Certain Incomes Received by a
branches of foreign banks that may be Nonresident Foreign Corporation. -
authorized by the Bangko Sentral ng Pilipinas
(BSP) to transact business with foreign (a) Interest on Foreign Loans. - A final
currency deposit system units, and other withholding tax at the rate of twenty percent
depository banks under the expanded foreign (20%) is hereby imposed on the amount of
currency deposit system shall be exempt from interest on foreign loans contracted on or after
all taxes, except net income from such August 1, 1986;
transactions as may be specified by the (b) Intercorporate Dividends. - A final
Secretary of Finance, upon recommendation by withholding tax at the rate of fifteen percent
the Monetary Board to be subject to the regular (15%) is hereby imposed on the amount of cash
income tax payable by banks: Provided, and/or property dividends received from a
however, That interest income from foreign domestic corporation, which shall be collected
currency loans granted by such depository and paid as provided in Section 57 (A) of this
banks under said expanded system to residents Code, subject to the condition that the country
other than offshore banking units in the in which the nonresident foreign corporation is
Philippines or other depository banks under the domiciled, shall allow a credit against the tax
expanded system shall be subject to a final tax due from the nonresident foreign corporation
at the rate of ten percent (10%). [25] taxes deemed to have been paid in the
Any income of nonresidents, whether Philippines equivalent to twenty percent (20%),
individuals or corporations, from transactions which represents the difference between the
with depository banks under the expanded regular income tax of thirty-five percent (35%)
system shall be exempt from income tax. and the fifteen percent (15%) tax on dividends
as provided in this subparagraph: Provided, that
(c) Capital Gains from Sale of Shares of Stock effective January 1, 2009, the credit against the
Not Traded in the Stock Exchange. - A final tax due shall be equivalent to fifteen percent
tax at the rates prescribed below is hereby (15%), which represents the difference between
imposed upon the net capital gains realized the regular income tax of thirty percent (30%)
during the taxable year from the sale, barter, and the fifteen percent (15%) tax on dividends;
exchange or other disposition of shares of stock [27]
in a domestic corporation except shares sold or
disposed of through the stock exchange: (c) Capital Gains from Sale of Shares of Stock
not Traded in the Stock Exchange. - A final tax
Not over P 100,000 at the rates prescribed below is hereby
imposed upon the net capital gains realized
On any amount in excess
during the taxable year from the sale, barter,
of P 100,000
exchange or other disposition of shares of stock
in a domestic corporation, except shares sold, or
disposed of through the stock exchange:
(A) In General. - In addition to other taxes imposed by (C) A beneficiary society, order or association, operating
this Title, there is hereby imposed for each taxable year on for the exclusive benefit of the members such as a
the improperly accumulated taxable income of each fraternal organization operating under the lodge system,
corporation described in Subsection B hereof, an or mutual aid association or a nonstock corporation
improperly accumulated earnings tax equal to ten organized by employees providing for the payment of life,
percent (10%) of the improperly accumulated taxable sickness, accident, or other benefits exclusively to the
income. members of such society, order, or association, or
(B) Tax on Corporations Subject to Improperly nonstock corporation or their dependents;
Accumulated Earnings Tax. - (D) Cemetery company owned and operated exclusively
(1) In General. - The improperly accumulated for the benefit of its members;
earnings tax imposed in the preceding Section shall (E) Nonstock corporation or association organized and
apply to every corporation formed or availed for the operated exclusively for religious, charitable, scientific,
purpose of avoiding the income tax with respect to athletic, or cultural purposes, or for the rehabilitation of
its shareholders or the shareholders of any other veterans, no part of its net income or asset shall belong to
corporation, by permitting earnings and profits to or inure to the benefit of any member, organizer, officer
accumulate instead of being divided or distributed. or any specific person;
(2) Exceptions. - The improperly accumulated (F) Business league chamber of commerce, or board of
earnings tax as provided for under this Section shall trade, not organized for profit and no part of the net
not apply to: income of which inures to the benefit of any private
(a) Publicly-held corporations; stock-holder, or individual;
(b) Banks and other nonbank financial (G) Civic league or organization not organized for profit
intermediaries; and but operated exclusively for the promotion of social
welfare;
(c) Insurance companies.
(H) A nonstock and nonprofit educational institution;
(C) Evidence of Purpose to Avoid Income Tax. -
(I) Government educational institution;
(1) Prima Facie Evidence. - the fact that any
corporation is a mere holding company or (J) Farmers' or other mutual typhoon or fire insurance
investment company shall be prima facie evidence company, mutual ditch or irrigation company, mutual or
of a purpose to avoid the tax upon its shareholders cooperative telephone company, or like organization of a
or members. purely local character, the income of which consists solely
of assessments, dues, and fees collected from members
(2) Evidence Determinative of Purpose. - The fact for the sole purpose of meeting its expenses; and
that the earnings or profits of a corporation are
permitted to accumulate beyond the reasonable (K) Farmers', fruit growers', or like association organized
needs of the business shall be determinative of the and operated as a sales agent for the purpose of
purpose to avoid the tax upon its shareholders or marketing the products of its members and turning back
members unless the corporation, by the clear to them the proceeds of sales, less the necessary selling
preponderance of evidence, shall prove to the expenses on the basis of the quantity of produce finished
contrary. by them;
(D) Improperly Accumulated Taxable Income. - For Notwithstanding the provisions in the preceding
purposes of this Section, the term 'improperly paragraphs, the income of whatever kind and character
accumulated taxable income' means taxable income of the foregoing organizations from any of their
adjusted by: properties, real or personal, or from any of their activities
conducted for profit regardless of the disposition made of
(a) Income exempt from tax; such income, shall be subject to tax imposed under this
(b) Income excluded from gross income; Code.
(c) Income subject to final tax; and
(d) The amount of net operating loss carry-over
deducted; CHAPTER V COMPUTATION OF TAXABLE
And reduced by the sum of: INCOME
(a) Dividends actually or constructively paid; and SEC. 31. Taxable Income Defined. - The term 'taxable
income' means the pertinent items of gross income
(b) Income tax paid for the taxable year. specified in this Code, less deductions, if any, authorized
Provided, however, That for corporations using the for such types of income by this Code or other special
calendar year basis, the accumulated earnings tax shall laws.(as amended by RA No 10963)
not apply on improperly accumulated income as of
December 31, 1997. In the case of corporations adopting
the fiscal year accounting period, the improperly
accumulated income not subject to this tax, shall be CHAPTER VI COMPUTATION OF GROSS
reckoned, as of the end of the month comprising the INCOME
twelve (12)-month period of fiscal year 1997-1998. SEC. 32. Gross Income. -
(E) Reasonable Needs of the Business. - For purposes of (A) General Definition. - Except when otherwise
this Section, the term 'reasonable needs of the provided in this Title, gross income means all income
business' includes the reasonably anticipated needs of derived from whatever source, including (but not limited
the business. to) the following items:
SEC. 30. Exemptions from Tax on Corporations. - The (1) Compensation for services in whatever form paid,
following organizations shall not be taxed under this Title including, but not limited to fees, salaries, wages,
in respect to income received by them as such: commissions, and similar items;
(A) Labor, agricultural or horticultural organization not (2) Gross income derived from the conduct of trade
organized principally for profit; or business or the exercise of a profession;
(B) Mutual savings bank not having a capital stock (3) Gains derived from dealings in property;
represented by shares, and cooperative bank without
capital stock organized and operated for mutual (4) Interests;
purposes and without profit; (5) Rents;
(8) Annuities; (c) The provisions of any existing law to the
contrary notwithstanding, social security
(9) Prizes and winnings; benefits, retirement gratuities, pensions and
(10) Pensions; and other similar benefits received by resident or
nonresident citizens of the Philippines or aliens
(11) Partner's distributive share from the net income who come to reside permanently in the
of the general professional partnership. Philippines from foreign government agencies
(B) Exclusions from Gross Income. - The following items and other institutions, private or public.
shall not be included in gross income and shall be (d) Payments of benefits due or to become due
exempt from taxation under this Title: to any person residing in the Philippines under
(1) Life Insurance. - The proceeds of life insurance the laws of the United States administered by
policies paid to the heirs or beneficiaries upon the the United States Veterans Administration.
death of the insured, whether in a single sum or (e) Benefits received from or enjoyed under the
otherwise, but if such amounts are held by the Social Security System in accordance with the
insurer under an agreement to pay interest thereon, provisions of Republic Act No. 8282.
the interest payments shall be included in gross
income. (f) Benefits received from the GSIS under
Republic Act No. 8291, including retirement
(2) Amount Received by Insured as Return of gratuity received by government officials and
Premium. - The amount received by the insured, as employees.
a return of premiums paid by him under life
insurance, endowment, or annuity contracts, either (7) Miscellaneous Items. -
during the term or at the maturity of the term (a) Income Derived by Foreign Government. -
mentioned in the contract or upon surrender of the Income derived from investments in the
contract. Philippines in loans, stocks, bonds or other
(3) Gifts, Bequests, and Devises. - The value of domestic securities, or from interest on
property acquired by gift, bequest, devise, or deposits in banks in the Philippines by (i)
descent: Provided, however, That income from such foreign governments, (ii) financing institutions
property, as well as gift, bequest, devise or descent owned, controlled, or enjoying refinancing from
of income from any property, in cases of transfers of foreign governments, and (iii) international or
divided interest, shall be included in gross income. regional financial institutions established by
foreign governments.
(4) Compensation for Injuries or Sickness. -
amounts received, through Accident or Health (b) Income Derived by the Government or its
Insurance or under Workmen's Compensation Acts, Political Subdivisions. - Income derived from
as compensation for personal injuries or sickness, any public utility or from the exercise of any
plus the amounts of any damages received, whether essential governmental function accruing to
by suit or agreement, on account of such injuries or the Government of the Philippines or to any
sickness. political subdivision thereof.
(5) Income Exempt under Treaty. - Income of any (c) Prizes and Awards. - Prizes and awards
kind, to the extent required by any treaty obligation made primarily in recognition of religious,
binding upon the Government of the Philippines. charitable, scientific, educational, artistic,
literary, or civic achievement but only if:
(6) Retirement Benefits, Pensions, Gratuities, etc.-
(i) The recipient was selected without any
(a) Retirement benefits received under action on his part to enter the contest or
Republic Act No. 7641 and those received by proceeding; and
officials and employees of private firms,
whether individual or corporate, in accordance (ii) The recipient is not required to render
with a reasonable private benefit plan substantial future services as a condition
maintained by the employer: Provided, That the to receiving the prize or award.
retiring official or employee has been in the (d) Prizes and Awards in sports Competition. -
service of the same employer for at least ten All prizes and awards granted to athletes in
(10) years and is not less than fifty (50) years of local and international sports competitions and
age at the time of his retirement: Provided, tournaments whether held in the Philippines or
further, That the benefits granted under this abroad and sanctioned by their national sports
subparagraph shall be availed of by an official associations.
or employee only once. For purposes of this
Subsection, the term 'reasonable private (e) 13th Month Pay and Other Benefits. - Gross
benefit plan' means a pension, gratuity, stock benefits received by officials and employees of
bonus or profit-sharing plan maintained by an public and private entities: Provided, however,
employer for the benefit of some or all of his That the total exclusion under this
officials or employees, wherein contributions subparagraph shall not exceed Ninety
are made by such employer for the officials or thousand pesos (P90,000) which shall cover:
employees, or both, for the purpose of (i) Benefits received by officials and
distributing to such officials and employees the employees of the national and local
earnings and principal of the fund thus government pursuant to Republic Act No.
accumulated, and wherein its is provided in 6686;
said plan that at no time shall any part of the (ii) Benefits received by employees
corpus or income of the fund be used for, or be pursuant to Presidential Decree No. 851, as
diverted to, any purpose other than for the amended by Memorandum Order No. 28,
exclusive benefit of the said officials and dated August 13, 1986;
employees.
(iii) Benefits received by officials and
(b) Any amount received by an official or employees not covered by Presidential
employee or by his heirs from the employer as Decree No. 851, as amended by
a consequence of separation of such official or Memorandum Order No. 28, dated August
employee from the service of the employer 13, 1986; and
because of death sickness or other physical
(iv) Other benefits such as productivity (1) Fringe benefits which are authorized and
incentives and Christmas bonus. exempted from tax under special laws;
(as amended by RA No 10963) (2) Contributions of the employer for the benefit of
(f) GSIS, SSS, Medicare and Other the employee to retirement, insurance and
Contributions. - GSIS, SSS, Medicare and hospitalization benefit plans;
Pag-Ibig contributions, and union dues of (3) Benefits given to the rank and file employees,
individuals. whether granted under a collective bargaining
(g) Gains from the Sale of Bonds, Debentures agreement or not; and
or other Certificate of Indebtedness. - Gains (4) De minimis benefits as defined in the rules and
realized from the same or exchange or regulations to be promulgated by the Secretary of
retirement of bonds, debentures or other Finance, upon recommendation of the
certificate of indebtedness with a maturity of Commissioner.
more than five (5) years. The Secretary of Finance is hereby authorized to
(h) Gains from Redemption of Shares in promulgate, upon recommendation of the
Mutual Fund. - Gains realized by the investor Commissioner, such rules and regulations as are
upon redemption of shares of stock in a mutual necessary to carry out efficiently and fairly the provisions
fund company as defined in Section 22 (BB) of of this Section, taking into account the peculiar nature
this Code. and special need of the trade, business or profession of
SEC. 33. Special Treatment of Fringe Benefit. - the employer.
ceilings as the Secretary of Finance may, (c) If the indebtedness is incurred to finance
by rules and regulations prescribe, upon petroleum exploration.
recommendation of the Commissioner, (3) Optional Treatment of Interest Expense. - At
taking into account the needs as well as the option of the taxpayer, interest incurred to
the special circumstances, nature and acquire property used in trade business or exercise
character of the industry, trade, business, of a profession may be allowed as a deduction or
or profession of the taxpayer: Provided, treated as a capital expenditure.
That any expense incurred for
entertainment, amusement or recreation (C) Taxes. -
that is contrary to law, morals public policy (1) In General. - Taxes paid or incurred within the
or public order shall in no case be allowed taxable year in connection with the taxpayer's
as a deduction. profession, trade or business, shall be allowed as
(b) Substantiation Requirements. - No deduction, except:
deduction from gross income shall be allowed (a) The income tax provided for under this Title;
under Subsection (A) hereof unless the
taxpayer shall substantiate with sufficient (b) Income taxes imposed by authority of any
evidence, such as official receipts or other foreign country; but this deduction shall be
adequate records: (i) the amount of the allowed in the case of a taxpayer who does not
expense being deducted, and (ii) the direct signify in his return his desire to have to any
connection or relation of the expense being extent the benefits of paragraph (3) of this
deducted to the development, management, subsection (relating to credits for taxes of
operation and/or conduct of the trade, business foreign countries);
or profession of the taxpayer. (c) Estate and donor's taxes; and
(c) Bribes, Kickbacks and Other Similar (d) Taxes assessed against local benefits of a
Payments. - No deduction from gross income kind tending to increase the value of the
shall be allowed under Subsection (A) hereof for property assessed.
any payment made, directly or indirectly, to an
official or employee of the national Provided, That taxes allowed under this Subsection,
government, or to an official or employee of any when refunded or credited, shall be included as part
local government unit, or to an official or of gross income in the year of receipt to the extent of
employee of a government-owned or the income tax benefit of said deduction.
-controlled corporation, or to an official or (2) Limitations on Deductions. - In the case of a
employee or representative of a foreign nonresident alien individual engaged in trade or
government, or to a private corporation, general business in the Philippines and a resident foreign
professional partnership, or a similar entity, if corporation, the deductions for taxes provided in
the payment constitutes a bribe or kickback. paragraph (1) of this Subsection (C) shall be allowed
(2) Expenses Allowable to Private Educational only if and to the extent that they are connected
Institutions. - In addition to the expenses allowable with income from sources within the Philippines.
as deductions under this Chapter, a private (3) Credit Against Tax for Taxes of Foreign
educational institution, referred to under Section 27 Countries. - If the taxpayer signifies in his return his
(B) of this Code, may at its option elect either: (a) to desire to have the benefits of this paragraph, the tax
deduct expenditures otherwise considered as imposed by this Title shall be credited with:
capital outlays of depreciable assets incurred during (a) Citizen and Domestic Corporation. - In the
the taxable year for the expansion of school facilities case of a citizen of the Philippines and of a
or (b) to deduct allowance for depreciation thereof domestic corporation, the amount of income
under Subsection (F) hereof. taxes paid or incurred during the taxable year
(B) Interest. - to any foreign country; and
(1) In General. - The amount of interest paid or (b) Partnerships and Estates. - In the case of
incurred within a taxable year on indebtedness in any such individual who is a member of a
connection with the taxpayer's profession, trade or general professional partnership or a
business shall be allowed as deduction from gross beneficiary of an estate or trust, his
income: Provided, however, That the taxpayer's proportionate share of such taxes of the general
otherwise allowable deduction for interest expense professional partnership or the estate or trust
shall be reduced by forty-two percent (42%) of the paid or incurred during the taxable year to a
interest income subjected to final tax: Provided, That foreign country, if his distributive share of the
effective January 1, 2009, the percentage shall be income of such partnership or trust is reported
thirty-three percent (33%). [29] for taxation under this Title.
(2) Exceptions. - No deduction shall be allowed in An alien individual and a foreign corporation shall
respect of interest under the succeeding not be allowed the credits against the tax for the
subparagraphs: taxes of foreign countries allowed under this
(a) If within the taxable year an individual paragraph.
taxpayer reporting income on the cash basis (4) Limitations on Credit. - The amount of the credit
incurs an indebtedness on which an interest is taken under this Section shall be subject to each of
paid in advance through discount or otherwise: the following limitations:
Provided, That such interest shall be allowed as (a) The amount of the credit in respect to the
a deduction in the year the indebtedness is tax paid or incurred to any country shall not
paid: Provided, further, That if the indebtedness exceed the same proportion of the tax against
is payable in periodic amortizations, the which such credit is taken, which the taxpayer's
amount of interest which corresponds to the taxable income from sources within such
amount of the principal amortized or paid country under this Title bears to his entire
during the year shall be allowed as deduction in taxable income for the same taxable year; and
such taxable year;
(b) The total amount of the credit shall not
(b) If both the taxpayer and the person to exceed the same proportion of the tax against
whom the payment has been made or is to be which such credit is taken, which the taxpayer's
made are persons specified under Section 36 taxable income from sources without the
(B); or
Philippines taxable under this Title bears to his (c) No loss shall be allowed as a deduction
entire taxable income for the same taxable year. under this Subsection if at the time of the filing
(5) Adjustments on Payment of Incurred Taxes. - If of the return, such loss has been claimed as a
accrued taxes when paid differ from the amounts deduction for estate tax purposes in the estate
claimed as credits by the taxpayer, or if any tax paid tax return.
is refunded in whole or in part, the taxpayer shall (2) Proof of Loss. - In the case of a nonresident alien
notify the Commissioner; who shall re-determine individual or foreign corporation, the losses
the amount of the tax for the year or years affected, deductible shall be those actually sustained during
and the amount of tax due upon such the year incurred in business, trade or exercise of a
re-determination, if any, shall be paid by the profession conducted within the Philippines, when
taxpayer upon notice and demand by the such losses are not compensated for by insurance or
Commissioner, or the amount of tax overpaid, if any, other forms of indemnity. The secretary of Finance,
shall be credited or refunded to the taxpayer. In the upon recommendation of the Commissioner, is
case of such a tax incurred but not paid, the hereby authorized to promulgate rules and
Commissioner as a condition precedent to the regulations prescribing, among other things, the
allowance of this credit may require the taxpayer to time and manner by which the taxpayer shall
give a bond with sureties satisfactory to and to be submit a declaration of loss sustained from casualty
approved by the Commissioner in such sum as he or from robbery, theft or embezzlement during the
may require, conditioned upon the payment by the taxable year: Provided, That the time to be so
taxpayer of any amount of tax found due upon any prescribed in the rules and regulations shall not be
such redetermination. The bond herein prescribed less than thirty (30) days nor more than ninety (90)
shall contain such further conditions as the days from the date of discovery of the casualty or
Commissioner may require. robbery, theft or embezzlement giving rise to the
(6) Year in Which Credit Taken. - The credits loss; and
provided for in Subsection (C)(3) of this Section may, (3) Net Operating Loss Carry-Over. - The net
at the option of the taxpayer and irrespective of the operating loss of the business or enterprise for any
method of accounting employed in keeping his taxable year immediately preceding the current
books, be taken in the year which the taxes of the taxable year, which had not been previously offset as
foreign country were incurred, subject, however, to deduction from gross income shall be carried over
the conditions prescribed in Subsection (C)(5) of this as a deduction from gross income for the next three
Section. If the taxpayer elects to take such credits in (3) consecutive taxable years immediately following
the year in which the taxes of the foreign country the year of such loss: Provided, however, That any
accrued, the credits for all subsequent years shall be net loss incurred in a taxable year during which the
taken upon the same basis and no portion of any taxpayer was exempt from income tax shall not be
such taxes shall be allowed as a deduction in the allowed as a deduction under this Subsection:
same or any succeeding year. Provided, further, That a net operating loss
(7) Proof of Credits. - The credits provided in carry-over shall be allowed only if there has been no
Subsection (C)(3) hereof shall be allowed only if the substantial change in the ownership of the business
taxpayer establishes to the satisfaction of the or enterprise in that -
Commissioner the following: (i) Not less than seventy-five percent (75%) in
(a) The total amount of income derived from nominal value of outstanding issued shares., if
sources without the Philippines; the business is in the name of a corporation, is
held by or on behalf of the same persons; or
(b) The amount of income derived from each
country, the tax paid or incurred to which is (ii) Not less than seventy-five percent (75%) of
claimed as a credit under said paragraph, such the paid up capital of the corporation, if the
amount to be determined under rules and business is in the name of a corporation, is held
regulations prescribed by the Secretary of by or on behalf of the same persons.
Finance; and For purposes of this subsection, the term 'net
(c) All other information necessary for the operating loss' shall mean the excess of allowable
verification and computation of such credits. deduction over gross income of the business in a
taxable year.
(D) Losses. -
Provided, That for mines other than oil and gas wells,
(1) In General. - Losses actually sustained during the a net operating loss without the benefit of
taxable year and not compensated for by insurance incentives provided for under Executive Order No.
or other forms of indemnity shall be allowed as 226, as amended, otherwise known as the Omnibus
deductions: Investments Code of 1987, incurred in any of the first
(a) If incurred in trade, profession or business; ten (10) years of operation may be carried over as a
deduction from taxable income for the next five (5)
(b) Of property connected with the trade, years immediately following the year of such loss.
business or profession, if the loss arises from The entire amount of the loss shall be carried over to
fires, storms, shipwreck, or other casualties, or the first of the five (5) taxable years following the
from robbery, theft or embezzlement. loss, and any portion of such loss which exceeds the
The Secretary of Finance, upon taxable income of such first year shall be deducted
recommendation of the Commissioner, is in like manner form the taxable income of the next
hereby authorized to promulgate rules and remaining four (4) years.
regulations prescribing, among other things, (4) Capital Losses. -
the time and manner by which the taxpayer
shall submit a declaration of loss sustained (a) Limitations. - Loss from sales or Exchanges
from casualty or from robbery, theft or of capital assets shall be allowed only to the
embezzlement during the taxable year: extent provided in Section 39.
Provided, however, That the time limit to be so (b) Securities Becoming Worthless. - If
prescribed in the rules and regulations shall not securities as defined in Section 22 (T) become
be less than thirty (30) days nor more than worthless during the taxable year and are
ninety (90) days from the date of discovery of capital assets, the loss resulting therefrom shall,
the casualty or robbery, theft or embezzlement for purposes of this Title, be considered as a loss
giving rise to the loss.
from the sale or exchange, on the last day of allowance computed in accordance with rules and
such taxable year, of capital assets. regulations prescribed by the Secretary of Finance,
(5) Losses From Wash Sales of Stock or Securities. upon recommendation of the Commissioner, under
- Losses from 'wash sales' of stock or securities as any of the following methods:
provided in Section 38. (a) The straight-line method;
(6) Wagering Losses. - Losses from wagering (b) Declining-balance method, using a rate not
transactions shall be allowed only to the extent of exceeding twice the rate which would have
the gains from such transactions. been used had the annual allowance been
(7) Abandonment Losses. - computed under the method described in
Subsection (F) (1);
(a) In the event a contract area where
petroleum operations are undertaken is (c) The sum-of-the-years-digit method; and
partially or wholly abandoned, all accumulated (d) Any other method which may be prescribed
exploration and development expenditures by the Secretary of Finance upon
pertaining thereto shall be allowed as a recommendation of the Commissioner.
deduction: Provided, That accumulated (3) Agreement as to Useful Life on Which
expenditures incurred in that area prior to Depreciation Rate is Based. - Where under rules
January 1, 1979 shall be allowed as a deduction and regulations prescribed by the Secretary of
only from any income derived from the same Finance upon recommendation of the
contract area. In all cases, notices of Commissioner, the taxpayer and the Commissioner
abandonment shall be filed with the have entered into an agreement in writing
Commissioner. specifically dealing with the useful life and rate of
(b) In case a producing well is subsequently depreciation of any property, the rate so agreed
abandoned, the un-amortized costs thereof, as upon shall be binding on both the taxpayer and the
well as the un-depreciated costs of equipment national Government in the absence of facts and
directly used therein , shall be allowed as a circumstances not taken into consideration during
deduction in the year such well, equipment or the adoption of such agreement. The responsibility
facility is abandoned by the contractor: of establishing the existence of such facts and
Provided, That if such abandoned well is circumstances shall rest with the party initiating the
re-entered and production is resumed, or if modification. Any change in the agreed rate and
such equipment or facility is restored into useful life of the depreciable property as specified in
service, the said costs shall be included as part the agreement shall not be effective for taxable
of gross income in the year of resumption or years prior to the taxable year in which notice in
restoration and shall be amortized or writing by certified mail or registered mail is served
depreciated, as the case may be. by the party initiating such change to the other
(E) Bad Debts. - party to the agreement:
(1) In General. - Debts due to the taxpayer actually Provided, however, that where the taxpayer has
ascertained to be worthless and charged off within adopted such useful life and depreciation rate for
the taxable year except those not connected with any depreciable and claimed the depreciation
profession, trade or business and those sustained in expenses as deduction from his gross income,
a transaction entered into between parties without any written objection on the part of the
mentioned under Section 36 (B) of this Code: Commissioner or his duly authorized
Provided, That recovery of bad debts previously representatives, the aforesaid useful life and
allowed as deduction in the preceding years shall be depreciation rate so adopted by the taxpayer for the
included as part of the gross income in the year of aforesaid depreciable asset shall be considered
recovery to the extent of the income tax benefit of binding for purposes of this Subsection.
said deduction. (4) Depreciation of Properties Used in Petroleum
(2) Securities Becoming Worthless. - If securities, Operations. - An allowance for depreciation in
as defined in Section 22 (T), are ascertained to be respect of all properties directly related to
worthless and charged off within the taxable year production of petroleum initially placed in service in
and are capital assets, the loss resulting therefrom a taxable year shall be allowed under the
shall, in the case of a taxpayer other than a bank or straight-line or declining-balance method of
trust company incorporated under the laws of the depreciation at the option of the service contractor.
Philippines a substantial part of whose business is However, if the service contractor initially elects the
the receipt of deposits, for the purpose of this Title, declining-balance method, it may at any
be considered as a loss from the sale or exchange, subsequent date, shift to the straight-line method.
on the last day of such taxable year, of capital assets. The useful life of properties used in or related to
(F) Depreciation. - production of petroleum shall be ten (10) years of
(1) General Rule. - There shall be allowed as a such shorter life as may be permitted by the
depreciation deduction a reasonable allowance for Commissioner.
the exhaustion, wear and tear (including reasonable Properties not used directly in the production of
allowance for obsolescence) of property used in the petroleum shall be depreciated under the
trade or business. In the case of property held by straight-line method on the basis of an estimated
one person for life with remainder to another useful life of five (5) years.
person, the deduction shall be computed as if the (5) Depreciation of Properties Used in Mining
life tenant were the absolute owner of the property Operations. - an allowance for depreciation in
and shall be allowed to the life tenant. In the case of respect of all properties used in mining operations
property held in trust, the allowable deduction shall other than petroleum operations, shall be computed
be apportioned between the income beneficiaries as follows:
and the trustees in accordance with the pertinent
provisions of the instrument creating the trust, or in (a) At the normal rate of depreciation if the
the absence of such provisions, on the basis of the expected life is ten (10) years or less; or
trust income allowable to each. (b) Depreciated over any number of years
(2) Use of Certain Methods and Rates. - The term between five (5) years and the expected life if
'reasonable allowance' as used in the preceding the latter is more than ten (10) years, and the
paragraph shall include, but not limited to, an depreciation thereon allowed as deduction
from taxable income: Provided, That the and marketing expenses, and depreciation of
contractor notifies the Commissioner at the properties directly used in the mining operations.
beginning of the depreciation period which This paragraph shall not apply to expenditures for
depreciation rate allowed by this Section will be the acquisition or improvement of property of a
used. character which is subject to the allowance for
(6) Depreciation Deductible by Nonresident Aliens depreciation.
Engaged in Trade or Business or Resident Foreign In no case shall this paragraph apply with respect to
Corporations. - In the case of a nonresident alien amounts paid or incurred for the exploration and
individual engaged in trade or business or resident development of oil and gas.
foreign corporation, a reasonable allowance for the The term 'exploration expenditures' means
deterioration of Property arising out of its use or expenditures paid or incurred for the purpose of
employment or its non-use in the business trade or ascertaining the existence, location, extent or quality
profession shall be permitted only when such of any deposit of ore or other mineral, and paid or
property is located in the Philippines. incurred before the beginning of the development
(G) Depletion of Oil and Gas Wells and Mines. - stage of the mine or deposit.
(1) In General. - In the case of oil and gas wells or The term 'development expenditures' means
mines, a reasonable allowance for depletion or expenditures paid or incurred during the
amortization computed in accordance with the development stage of the mine or other natural
cost-depletion method shall be granted under rules deposits. The development stage of a mine or other
and regulations to be prescribed by the Secretary of natural deposit shall begin at the time when
finance, upon recommendation of the deposits of ore or other minerals are shown to exist
Commissioner. Provided, That when the allowance in sufficient commercial quantity and quality and
for depletion shall equal the capital invested no shall end upon commencement of actual
further allowance shall be granted: Provided, further, commercial extraction.
That after production in commercial quantities has (3) Depletion of Oil and Gas Wells and Mines
commenced, certain intangible exploration and Deductible by a Nonresident Alien individual or
development drilling costs: (a) shall be deductible in Foreign Corporation. - In the case of a nonresident
the year incurred if such expenditures are incurred alien individual engaged in trade or business in the
for non-producing wells and/or mines, or (b) shall be Philippines or a resident foreign corporation,
deductible in full in the year paid or incurred or at allowance for depletion of oil and gas wells or mines
the election of the taxpayer, may be capitalized and under paragraph (1) of this Subsection shall be
amortized if such expenditures incurred are for authorized only in respect to oil and gas wells or
producing wells and/or mines in the same contract mines located within the Philippines.
area.
(H) Charitable and Other Contributions. -
'Intangible costs in petroleum operations' refers to
any cost incurred in petroleum operations which in (1) In General. - Contributions or gifts actually paid
itself has no salvage value and which is incidental to or made within the taxable year to, or for the use of
and necessary for the drilling of wells and the Government of the Philippines or any of its
preparation of wells for the production of petroleum: agencies or any political subdivision thereof
Provided, That said costs shall not pertain to the exclusively for public purposes, or to accredited
acquisition or improvement of property of a domestic corporation or associations organized and
character subject to the allowance for depreciation operated exclusively for religious, charitable,
except that the allowances for depreciation on such scientific, youth and sports development, cultural or
property shall be deductible under this Subsection. educational purposes or for the rehabilitation of
veterans, or to social welfare institutions, or to
Any intangible exploration, drilling and development non-government organizations, in accordance with
expenses allowed as a deduction in computing rules and regulations promulgated by the Secretary
taxable income during the year shall not be taken of finance, upon recommendation of the
into consideration in computing the adjusted cost Commissioner, no part of the net [30] income of which
basis for the purpose of computing allowable cost inures to the benefit of any private stockholder or
depletion. individual in an amount not in excess of ten percent
(2) Election to Deduct Exploration and (10%) in the case of an individual, and five percent
Development Expenditures. - In computing taxable (%) in the case of a corporation, of the taxpayer's
income from mining operations, the taxpayer may taxable income derived from trade, business or
at his option, deduct exploration and development profession as computed without the benefit of this
expenditures accumulated as cost or adjusted basis and the following subparagraphs.
for cost depletion as of date of prospecting, as well (2) Contributions Deductible in Full. -
as exploration and development expenditures paid Notwithstanding the provisions of the preceding
or incurred during the taxable year: Provided, That subparagraph, donations to the following
the amount deductible for exploration and institutions or entities shall be deductible in full:
development expenditures shall not exceed
twenty-five percent (25%) of the net income from (a) Donations to the Government. - Donations
mining operations computed without the benefit of to the Government of the Philippines or to any
any tax incentives under existing laws. The actual of its agencies or political subdivisions,
exploration and development expenditures minus including fully-owned government
twenty-five percent (25%) of the net income from corporations, exclusively to finance, to provide
mining shall be carried forward to the succeeding for, or to be used in undertaking priority
years until fully deducted. activities in education, health, youth and sports
development, human settlements, science and
The election by the taxpayer to deduct the culture, and in economic development
exploration and development expenditures is according to a National Priority Plan
irrevocable and shall be binding in succeeding determined by the National Economic and
taxable years. Development Authority (NEDA), In consultation
'Net income from mining operations', as used in with appropriate government agencies,
this Subsection, shall mean gross income from including its regional development councils
operations less 'allowable deductions' which are and private philanthropic persons and
necessary or related to mining operations. institutions: Provided, That any donation which
'Allowable deductions' shall include mining, milling is made to the Government or to any of its
agencies or political subdivisions not in organization may be treated as a
accordance with the said annual priority plan utilization, but only if at the time such
shall be subject to the limitations prescribed in amount is set aside, the accredited
paragraph (1) of this Subsection; nongovernment organization has
(b) Donations to Certain Foreign Institutions established to the satisfaction of the
or International Organizations. - donations to Commissioner that the amount will be
foreign institutions or international paid for the specific project within a
organizations which are fully deductible in period to be prescribed in rules and
pursuance of or in compliance with regulations to be promulgated by the
agreements, treaties, or commitments entered Secretary of Finance, upon
into by the Government of the Philippines and recommendation of the Commissioner,
the foreign institutions or international but not to exceed five (5) years, and the
organizations or in pursuance of special laws; project is one which can be better
accomplished by setting aside such
(c) Donations to Accredited Nongovernment amount than by immediate payment of
Organizations. -The term 'nongovernment funds.
organization' means a non-profit domestic
corporation: (3) Valuation. - The amount of any charitable
contribution of property other than money shall be
(1) Organized and operated exclusively for based on the acquisition cost of said property.
scientific, research, educational,
character-building and youth and sports (4) Proof of Deductions. - Contributions or gifts
development, health, social welfare, shall be allowable as deductions only if verified
cultural or charitable purposes, or a under the rules and regulations prescribed by the
combination thereof, no part of the net [31] Secretary of Finance, upon recommendation of the
income of which inures to the benefit of Commissioner.
any private individual; (I) Research and Development. -
th
(2) Which, not later than the 15 day of the (1) In General. - A taxpayer may treat research or
third month after the close of the development expenditures which are paid or
accredited nongovernment organizations incurred by him during the taxable year in
taxable year in which contributions are connection with his trade, business or profession as
received, makes utilization directly for the ordinary and necessary expenses which are not
active conduct of the activities chargeable to capital account. The expenditures so
constituting the purpose or function for treated shall be allowed as deduction during the
which it is organized and operated, unless taxable year when paid or incurred.
an extended period is granted by the (2) Amortization of Certain Research and
Secretary of Finance in accordance with Development Expenditures. - At the election of the
the rules and regulations to be taxpayer and in accordance with the rules and
promulgated, upon recommendation of regulations to be prescribed by the Secretary of
the Commissioner; Finance, upon recommendation of the
(3) The level of administrative expense of Commissioner, the following research and
which shall, on an annual basis, conform development expenditures may be treated as
with the rules and regulations to be deferred expenses:
prescribed by the Secretary of Finance, (a) Paid or incurred by the taxpayer in
upon recommendation of the connection with his trade, business or
Commissioner, but in no case to exceed profession;
thirty percent (30%) of the total expenses;
and (b) Not treated as expenses under paragraph (1)
hereof; and
(4) The assets of which, in the event of
dissolution, would be distributed to (c) Chargeable to capital account but not
another non-profit domestic corporation chargeable to property of a character which is
organized for similar purpose or purposes, subject to depreciation or depletion.
or to the state for public purpose, or would In computing taxable income, such deferred
be distributed by a court to another expenses shall be allowed as deduction ratably
organization to be used in such manner as distributed over a period of not less than sixty (60)
in the judgment of said court shall best months as may be elected by the taxpayer
accomplish the general purpose for which (beginning with the month in which the taxpayer
the dissolved organization was organized. first realizes benefits from such expenditures).
Subject to such terms and conditions as The election provided by paragraph (2) hereof may
may be prescribed by the Secretary of be made for any taxable year beginning after the
Finance, the term 'utilization' means: effectivity of this Code, but only if made not later
(i) Any amount in cash or in kind than the time prescribed by law for filing the return
(including administrative expenses) for such taxable year. The method so elected, and
paid or utilized to accomplish one or the period selected by the taxpayer, shall be
more purposes for which the adhered to in computing taxable income for the
accredited nongovernment taxable year for which the election is made and for
organization was created or all subsequent taxable years unless with the
organized. approval of the Commissioner, a change to a
different method is authorized with respect to a part
(ii) Any amount paid to acquire an or all of such expenditures. The election shall not
asset used (or held for use) directly in apply to any expenditure paid or incurred during
carrying out one or more purposes any taxable year for which the taxpayer makes the
for which the accredited election.
nongovernment organization was
created or organized. (3) Limitations on Deduction. - This Subsection
shall not apply to:
An amount set aside for a specific project
which comes within one or more purposes (a) Any expenditure for the acquisition or
of the accredited nongovernment improvement of land, or for the improvement
of property to be used in connection with
SEC. 37. Special Provisions Regarding Income and property of a kind which would properly be included
Deductions of Insurance Companies, Whether in the inventory of the taxpayer if on hand at the
Domestic or Foreign. - close of the taxable year or property held by the
(A) Special Deduction Allowed to Insurance taxpayer primarily for sale to customers in the
Companies. - In the case of insurance companies, ordinary course of his trade or business, or property
whether domestic or foreign doing business in the used in the trade or business, of a character which is
Philippines, the net additions, if any, required by law to be subject to the allowance for depreciation provided in
made within the year to reserve funds and the sums Subsection (F) of Section 34; or real property used in
other than dividends paid within the year on policy and trade or business of the taxpayer.
annuity contracts may be deducted from their gross (2) Net Capital Gain. - The term 'net capital gain'
income: Provided, however, That the released reserve be means the excess of the gains from sales or
treated as income for the year of release. exchanges of capital assets over the losses from
(B) Mutual Insurance Companies. - In the case of mutual such sales or exchanges.
fire and mutual employers' liability and mutual (3) Net Capital Loss. - The term 'net capital loss'
workmen's compensation and mutual casualty insurance means the excess of the losses from sales or
companies requiring their members to make premium exchanges of capital assets over the gains from such
deposits to provide for losses and expenses, said sales or exchanges.
companies shall not return as income any portion of the (B) Percentage Taken into Account - In the case of a
premium deposits returned to their policyholders, but taxpayer, other than a corporation, only the following
shall return as taxable income all income received by percentages of the gain or loss recognized upon the sale
them from all other sources plus such portion of the or exchange of a capital asset shall be taken into account
premium deposits as are retained by the companies for in computing net capital gain, net capital loss, and net
purposes other than the payment of losses and expenses income.
and reinsurance reserves.
(1) One hundred percent (100%) if the capital asset
(C) Mutual Marine Insurance Companies. - Mutual has been held for not more than twelve (12) months;
marine insurance companies shall include in their return and
of gross income, gross premiums collected and received
by them less amounts paid to policyholders on account of (2) Fifty percent (50%) if the capital asset has been
premiums previously paid by them and interest paid held for more than twelve (12) months;
upon those amounts between the ascertainment and (C) Limitation on Capital losses. - Losses from sales or
payment thereof. exchange capital assets shall be allowed only to the
(D) Assessment Insurance Companies. - Assessment extent of the gains from such sales or exchanges. If a
insurance companies, whether domestic or foreign, may bank or trust company incorporated under the laws of
deduct from their gross income the actual deposit of the Philippines, a substantial part of whose business is
sums with the officers of the Government of the the receipt of deposits, sells any bond, debenture, note, or
Philippines pursuant to law, as additions to guarantee or certificate or other evidence of indebtedness issued by
reserve funds. any corporation (including one issued by a government or
political subdivision thereof), with interest coupons or in
SEC. 38. Losses from Wash Sales of Stock or Securities. registered form, any loss resulting from such sale shall
- not be subject to the foregoing limitation and shall not be
(A) In the case of any loss claimed to have been sustained included in determining the applicability of such
from any sale or other disposition of shares of stock or limitation to other losses.
securities where it appears that within a period (D) Net Capital Loss Carry-Over. - If any taxpayer, other
beginning thirty (30) days before the date of such sale or than a corporation, sustains in any taxable year a net
disposition and ending thirty (30) days after such date, capital loss, such loss (in an amount not in excess of the
the taxpayer has acquired (by purchase or by exchange net income for such year) shall be treated in the
upon which the entire amount of gain or loss was succeeding taxable year as a loss from the sale or
recognized by law), or has entered into a contact or exchange of a capital asset held for not more than twelve
option so to acquire, substantially identical stock or (12) months.
securities, then no deduction for the loss shall be allowed
under Section 34 unless the claim is made by a dealer in (E) Retirement of Bonds, Etc. - For purposes of this Title,
stock or securities and with respect to a transaction made amounts received by the holder upon the retirement of
in the ordinary course of the business of such dealer. bonds, debentures, notes or certificates or other
evidences of indebtedness issued by any corporation
(B) If the amount of stock or securities acquired (or (including those issued by a government or political
covered by the contract or option to acquire) is less than subdivision thereof) with interest coupons or in registered
the amount of stock or securities sold or otherwise form, shall be considered as amounts received in
disposed of, then the particular shares of stock or exchange therefor.
securities, the loss from the sale or other disposition of
which is not deductible, shall be determined under rules (F) Gains or losses from Short Sales, Etc. - For purposes
and regulations prescribed by the Secretary of Finance, of this Title -
upon recommendation of the Commissioner. (1) Gains or losses from short sales of property shall
(C) If the amount of stock or securities acquired (or be considered as gains or losses from sales or
covered by the contract or option to acquire which) is not exchanges of capital assets; and
less than the amount of stock or securities sold or (2) Gains or losses attributable to the failure to
otherwise disposed of, then the particular shares of stock exercise privileges or options to buy or sell property
or securities, the acquisition of which (or the contract or shall be considered as capital gains or losses.
option to acquire which) resulted in the non-deductibility
of the loss shall be determined under rules and SEC. 40. Determination of Amount and Recognition of
regulations prescribed by the Secretary of Finance, upon Gain or Loss. -
recommendation of the Commissioner. (A) Computation of Gain or Loss. - The gain from the
SEC. 39. Capital Gains and Losses. - sale or other disposition of property shall be the excess of
the amount realized therefrom over the basis or adjusted
(A) Definitions. - As used in this Title - basis for determining gain, and the loss shall be the
(1) Capital Assets. - The term 'capital assets' excess of the basis or adjusted basis for determining loss
means property held by the taxpayer (whether or over the amount realized. The amount realized from the
not connected with his trade or business), but does sale or other disposition of property shall be the sum of
not include stock in trade of the taxpayer or other
money received plus the fair market value of the property earnings and profits of the corporation; the
(other than money) received; remainder, if any, of the gain recognized shall
(B) Basis for Determining Gain or Loss from Sale or be treated as a capital gain.
Disposition of Property. - The basis of property shall be - (b) If, in connection with the exchange
(1) The cost thereof in the case of property acquired described in the above exceptions, the
on or after March 1, 1913, if such property was transferor corporation receives not only stock
acquired by purchase; or permitted to be received without the
recognition of gain or loss but also money
(2) The fair market price or value as of the date of and/or other property, then (i) if the corporation
acquisition, if the same was acquired by inheritance; receiving such money and/or other property
or distributes it in pursuance of the plan of merger
(3) If the property was acquired by gift, the basis or consolidation, no gain to the corporation
shall be the same as if it would be in the hands of shall be recognized from the exchange, but (ii)
the donor or the last preceding owner by whom it if the corporation receiving such other property
was not acquired by gift, except that if such basis is and/or money does not distribute it in
greater than the fair market value of the property at pursuance of the plan of merger or
the time of the gift then, for the purpose of consolidation, the gain, if any, but not the loss
determining loss, the basis shall be such fair market to the corporation shall be recognized but in an
value; or amount not in excess of the sum of such
money and the fair market value of such other
(4) If the property was acquired for less than an property so received, which is not distributed.
adequate consideration in money or money's worth,
the basis of such property is the amount paid by the (4) Assumption of Liability. -
transferee for the property; or (a) If the taxpayer, in connection with the
(5) The basis as defined in paragraph (C)(5) of this exchanges described in the foregoing
Section, if the property was acquired in a transaction exceptions, receives stock or securities which
where gain or loss is not recognized under would be permitted to be received without the
paragraph (C)(2) of this Section. recognition of the gain if it were the sole
consideration, and as part of the consideration,
(C) Exchange of Property. - another party to the exchange assumes a
(1) General Rule. - Except as herein provided, upon liability of the taxpayer, or acquires from the
the sale or exchange or property, the entire amount taxpayer property, subject to a liability, then
of the gain or loss, as the case may be, shall be such assumption or acquisition shall not be
recognized. treated as money and/or other property, and
shall not prevent the exchange from being
(2) Exception. - No gain or loss shall be recognized if within the exceptions.
in pursuance of a plan of merger or consolidation -
(b) If the amount of the liabilities assumed plus
(a) A corporation, which is a party to a merger the amount of the liabilities to which the
or consolidation, exchanges property solely for property is subject exceed the total of the
stock in a corporation, which is a party to the adjusted basis of the property transferred
merger or consolidation; or pursuant to such exchange, then such excess
(b) A shareholder exchanges stock in a shall be considered as a gain from the sale or
corporation, which is a party to the merger or exchange of a capital asset or of property which
consolidation, solely for the stock of another is not a capital asset, as the case may be.
corporation also a party to the merger or (5) Basis -
consolidation; or
(a) The basis of the stock or securities received
(c) A security holder of a corporation, which is a by the transferor upon the exchange specified
party to the merger or consolidation, in the above exception shall be the same as the
exchanges his securities in such corporation, basis of the property, stock or securities
solely for stock or securities in such corporation, exchanged, decreased by (1) the money
a party to the merger or consolidation. received, and (2) the fair market value of the
No gain or loss shall also be recognized if property is other property received, and increased by (a)
transferred to a corporation by a person in exchange the amount treated as dividend of the
for stock or unit of participation in such a shareholder and (b) the amount of any gain
corporation of which as a result of such exchange that was recognized on the exchange: Provided,
said person, alone or together with others, not That the property received as 'boot' shall have
exceeding four (4) persons, gains control of said as basis its fair market value: Provided, further,
corporation: Provided, That stocks issued for services That if as part of the consideration to the
shall not be considered as issued in return for transferor, the transferee of property assumes a
property. liability of the transferor or acquires form the
(3) Exchange Not Solely in Kind. - latter property subject to a liability, such
assumption or acquisition (in the amount of the
(a) If, in connection with an exchange described liability) shall, for purposes of this paragraph, be
in the above exceptions, an individual, a treated as money received by the transferor on
shareholder, a security holder or a corporation the exchange: Provided, finally, That if the
receives not only stock or securities permitted transferor receives several kinds of stock or
to be received without the recognition of gain securities, the Commissioner is hereby
or loss, but also money and/or property, the authorized to allocate the basis among the
gain, if any, but not the loss, shall be recognized several classes of stocks or securities.
but in an amount not in excess of the sum of
the money and fair market value of such other (b) The basis of the property transferred in the
property received: Provided, That as to the hands of the transferee shall be the same as it
shareholder, if the money and/or other property would be in the hands of the transferor
received has the effect of a distribution of a increased by the amount of the gain
taxable dividend, there shall be taxed as recognized to the transferor on the transfer.
dividend to the shareholder an amount of the (6) Definitions. -
gain recognized not in excess of his
proportionate share of the undistributed
(a) The term "securities" means bonds and (b) From a foreign corporation, unless less than
debentures but not 'notes' of whatever class or fifty percent (50%) of the gross income of such
duration. foreign corporation for the three-year period
(b) The term "merger" or "consolidation", when ending with the close of its taxable year
used in this Section, shall be understood to preceding the declaration of such dividends or
mean: (i) the ordinary merger or consolidation, for such part of such period as the corporation
or (ii) the acquisition by one corporation of all or has been in existence) was derived from
substantially all the properties of another sources within the Philippines as determined
corporation solely for stock: Provided, That for a under the provisions of this Section; but only in
transaction to be regarded as a merger or an amount which bears the same ratio to such
consolidation within the purview of this dividends as the gross income of the
Section, it must be undertaken for a bona fide corporation for such period derived from
business purpose and not solely for the purpose sources within the Philippines bears to its gross
of escaping the burden of taxation: Provided, income from all sources;
further, That in determining whether a bona (3) Services.- Compensation for labor or
fide business purpose exists, each and every personal services performed in the Philippines;
step of the transaction shall be considered and (4) Rentals and Royalties. - Rentals and royalties
the whole transaction or series of transaction from property located in the Philippines or
shall be treated as a single unit: Provided, finally from any interest in such property, including
, That in determining whether the property rentals or royalties for -
transferred constitutes a substantial portion of
the property of the transferor, the term (a) The use of or the right or privilege to
"property" shall be taken to include the cash use in the Philippines any copyright,
assets of the transferor. patent, design or model, plan, secret
formula or process, goodwill, trademark,
(c) The term "control", when used in this trade brand or other like property or right;
Section, shall mean ownership of stocks in a
corporation possessing at least fifty-one (b) The use of, or the right to use in the
percent (51%) of the total voting power of all Philippines any industrial, commercial or
classes of stocks entitled to vote. scientific equipment;
(d) The Secretary of Finance, upon (c) The supply of scientific, technical,
recommendation of the Commissioner, is industrial or commercial knowledge or
hereby authorized to issue rules and information;
regulations for the purpose "substantially all" (d) The supply of any assistance that is
and for the proper implementation of this ancillary and subsidiary to, and is
Section. furnished as a means of enabling the
SEC. 41. Inventories. - whenever in the judgment of the application or enjoyment of, any such
Commissioner, the use of inventories is necessary in order property or right as is mentioned in
to determine clearly the income of any taxpayer, paragraph (a), any such equipment as is
inventories shall be taken by such taxpayer upon such mentioned in paragraph (b) or any such
basis as the Secretary of Finance, upon recommendation knowledge or information as is mentioned
of the Commissioner, may, by rules and regulations, in paragraph (c);
prescribe as conforming as nearly as may be to the best (e) The supply of services by a nonresident
accounting practice in the trade or business and as most person or his employee in connection with
clearly reflecting the income. the use of property or rights belonging to,
If a taxpayer, after having complied with the terms and a or the installation or operation of any
conditions prescribed by the Commissioner, uses a brand, machinery or other apparatus
particular method of valuing its inventory for any taxable purchased from such nonresident person;
year, then such method shall be used in all subsequent (f) Technical advice, assistance or services
taxable years unless: rendered in connection with technical
(i) With the approval of the Commissioner, a change management or administration of any
to a different method is authorized; or scientific, industrial or commercial
undertaking, venture, project or scheme;
(ii) The Commissioner finds that the nature of the and
stock on hand (e.g., its scarcity, liquidity,
marketability and price movements) is such that (g) The use of or the right to use:
inventory gains should be considered realized for tax (i) Motion picture films;
purposes and, therefore, it is necessary to modify the
valuation method for purposes of ascertaining the (ii) Films or video tapes for use in
income, profits, or loss in a more realistic manner: connection with television; and
Provided, however, That the Commissioner shall not (iii) Tapes for use in connection with
exercise his authority to require a change in radio broadcasting.
inventory method more often than once every three
(3) years: Provided, further, That any change in an (5) Sale of Real Property. -Gains, profits and
inventory valuation method must be subject to income from the sale of real property located in
approval by the Secretary of Finance. the Philippines; and
SEC. 42. Income from Sources Within the Philippines. - (6) Sale of Personal Property. - Gains; profits
and income from the sale of personal property,
(A)Gross Income from Sources Within the Philippines. - as determined in Subsection (E) of this Section.
The following items of gross income shall be treated as
gross income from sources within the Philippines: (B) Taxable Income From Sources Within the
Philippines. -
(1) Interests. - Interests derived from sources within
the Philippines, and interests on bonds, notes or (1) General Rule. - From the items of gross income
other interest-bearing obligation of residents, specified in Subsection (A) of this Section, there shall
corporate or otherwise; be deducted the expenses, losses and other
deductions properly allocated thereto and a ratable
(2) Dividends. - The amount received as dividends: part of expenses, interests, losses and other
(a) From a domestic corporation; and deductions effectively connected with the business
or trade conducted exclusively within the
Philippines which cannot definitely be allocated to derived partly from sources within and partly from
some items or class of gross income: Provided, That sources without the Philippines.
such items of deductions shall be allowed only if Gains, profits and income derived from the purchase of
fully substantiated by all the information necessary personal property within and its sale without the
for its calculation. The remainder, if any, shall be Philippines, or from the purchase of personal property
treated in full as taxable income from sources within without and its sale within the Philippines shall be
the Philippines. treated as derived entirely form sources within the
(2) Exception. - No deductions for interest paid or country in which sold: Provided, however, That gain from
incurred abroad shall be allowed from the item of the sale of shares of stock in a domestic corporation shall
gross income specified in subsection (A) unless be treated as derived entirely form sources within the
indebtedness was actually incurred to provide funds Philippines regardless of where the said shares are sold.
for use in connection with the conduct or operation The transfer by a nonresident alien or a foreign
of trade or business in the Philippines. corporation to anyone of any share of stock issued by a
(C) Gross Income From Sources Without the domestic corporation shall not be effected or made in its
Philippines. - The following items of gross income shall book unless: (1) the transferor has filed with the
be treated as income from sources without the Commissioner a bond conditioned upon the future
Philippines: payment by him of any income tax that may be due on
the gains derived from such transfer, or (2) the
(1) Interests other than those derived from sources Commissioner has certified that the taxes, if any, imposed
within the Philippines as provided in paragraph (1) of in this Title and due on the gain realized from such sale or
Subsection (A) of this Section; transfer have been paid. It shall be the duty of the
(2) Dividends other than those derived from sources transferor and the corporation the shares of which are
within the Philippines as provided in paragraph (2) sold or transferred, to advise the transferee of this
of Subsection (A) of this Section; requirement.
(3) Compensation for labor or personal services (F) Definitions. - As used in this Section the words 'sale'
performed without the Philippines; or 'sold' include 'exchange' or 'exchanged'; and the word
'produced' includes 'created', 'fabricated',
(4) Rentals or royalties from property located 'manufactured', 'extracted', 'processed', 'cured' or 'aged'.
without the Philippines or from any interest in such
property including rentals or royalties for the use of
or for the privilege of using without the Philippines,
patents, copyrights, secret processes and formulas, CHAPTER VIII ACCOUNTING PERIODS AND
goodwill, trademarks, trade brands, franchises and
METHODS OF ACCOUNTING
other like properties; and
SEC. 43. General Rule. - The taxable income shall be
(5) Gains, profits and income from the sale of real
computed upon the basis of the taxpayer's annual
property located without the Philippines.
accounting period (fiscal year or calendar year, as the
(D) Taxable Income From Sources Without the case may be) in accordance with the method of
Philippines. - From the items of gross income specified accounting regularly employed in keeping the books of
in Subsection (C) of this Section, there shall be deducted such taxpayer, but if no such method of accounting has
the expenses, losses, and other deductions properly been so employed, or if the method employed does not
apportioned or allocated thereto and a ratable part of any clearly reflect the income, the computation shall be made
expense, loss or other deduction which cannot definitely in accordance with such method as in the opinion of the
be allocated to some items or classes of gross income. Commissioner clearly reflects the income. If the
The remainder, if any, shall be treated in full as taxable taxpayer's annual accounting period is other than a fiscal
income from sources without the Philippines. year, as defined in Section 22(Q), or if the taxpayer has no
(E) Income From Sources Partly Within and Partly annual accounting period, or does not keep books, or if
Without the Philippines.- Items of gross income, the taxpayer is an individual, the taxable income shall be
expenses, losses and deductions, other than those computed on the basis of the calendar year.
specified in Subsections (A) and (C) of this Section, shall SEC. 44. Period in which Items of Gross Income
be allocated or apportioned to sources within or without Included.- The amount of all items of gross income shall
the Philippines, under the rules and regulations be included in the gross income for the taxable year in
prescribed by the Secretary of Finance, upon which received by the taxpayer, unless, under methods of
recommendation of the Commissioner. Where items of accounting permitted under Section 43, any such
gross income are separately allocated to sources within amounts are to be properly accounted for as of a different
the Philippines, there shall be deducted (for the purpose period. In the case of the death of a taxpayer, there shall
of computing the taxable income therefrom) the be included in computing taxable income for the taxable
expenses, losses and other deductions properly period in which falls the date of his death, amounts
apportioned or allocated thereto and a ratable part of accrued up to the date of his death if not otherwise
other expenses, losses or other deductions which cannot properly includible in respect of such period or a prior
definitely be allocated to some items or classes of gross period.
income. The remainder, if any, shall be included in full as
SEC. 45. Period for which Deductions and Credits
taxable income from sources within the Philippines. In
Taken. - The deductions provided for in this Title shall be
the case of gross income derived from sources partly
taken for the taxable year in which 'paid or accrued' or
within and partly without the Philippines, the taxable
'paid or incurred', dependent upon the method of
income may first be computed by deducting the
accounting upon the basis of which the net income is
expenses, losses or other deductions apportioned or
computed, unless in order to clearly reflect the income,
allocated thereto and a ratable part of any expense, loss
the deductions should be taken as of a different period. In
or other deduction which cannot definitely be allocated
the case of the death of a taxpayer, there shall be allowed
to some items or classes of gross income; and the portion
as deductions for the taxable period in which falls the
of such taxable income attributable to sources within the
date of his death, amounts accrued up to the date of his
Philippines may be determined by processes or formulas
death if not otherwise properly allowable in respect of
of general apportionment prescribed by the Secretary of
such period or a prior period.
Finance. Gains, profits and income from the sale of
personal property produced (in whole or in part) by the SEC. 46. Change of Accounting Period. - If a taxpayer,
taxpayer within and sold without the Philippines, or other than an individual, changes his accounting period
produced (in whole or in part) by the taxpayer without from fiscal year to calendar year, from calendar year to
and sold within the Philippines, shall be treated as fiscal year, or from one fiscal year to another, the net
income shall, with the approval of the Commissioner, be
computed on the basis of such new accounting period, purchaser during the taxable period in which the sale or
subject to the provisions of Section 47. other disposition is made.
SEC. 47. Final or Adjustment Returns for a Period of (C) Sales of Real Property Considered as Capital Asset
Less than Twelve (12) Months. - by Individuals. - An individual who sells or disposes of
(A) Returns for Short Period Resulting from Change of real property, considered as capital asset, and is otherwise
Accounting Period. - If a taxpayer, other than an qualified to report the gain therefrom under Subsection
individual, with the approval of the Commissioner, (B) may pay the capital gains tax in installments under
changes the basis of computing net income from fiscal rules and regulations to be promulgated by the Secretary
year to calendar year, a separate final or adjustment of Finance, upon recommendation of the Commissioner.
return shall be made for the period between the close of (D) Change from Accrual to Installment Basis. - If a
the last fiscal year for which return was made and the taxpayer entitled to the benefits of Subsection (A) elects
following December 31. If the change is from calendar for any taxable year to report his taxable income on the
year to fiscal year, a separate final or adjustment return installment basis, then in computing his income for the
shall be made for the period between the close of the last year of change or any subsequent year, amounts actually
calendar year for which return was made and the date received during any such year on account of sales or
designated as the close of the fiscal year. If the change is other dispositions of property made in any prior year shall
from one fiscal year to another fiscal year, a separate final not be excluded.
or adjustment return shall be made for the period SEC. 50. Allocation of Income and Deductions. - In the
between the close of the former fiscal year and the date case of two or more organizations, trades or businesses
designated as the close of the new fiscal year. (whether or not incorporated and whether or not
(B) Income Computed on Basis of Short Period. - Where organized in the Philippines) owned or controlled directly
a separate final or adjustment return is made under or indirectly by the same interests, the Commissioner is
Subsection (A) on account of a change in the accounting authorized to distribute, apportion or allocate gross
period, and in all other cases where a separate final or income or deductions between or among such
adjustment return is required or permitted by rules and organization, trade or business, if he determined that
regulations prescribed by the Secretary of Finance, upon such distribution, apportionment or allocation is
recommendation of the Commissioner, to be made for a necessary in order to prevent evasion of taxes or clearly to
fractional part of a year, then the income shall be reflect the income of any such organization, trade or
computed on the basis of the period for which separate business.
final or adjustment return is made.
SEC. 48. Accounting for Long-term Contracts. - Income
from long-term contracts shall be reported for tax
purposes in the manner as provided in this Section. As CHAPTER IX RETURNS AND PAYMENT OF TAX
used herein, the term 'long-term contracts' means SEC. 51. Individual Return. -
building, installation or construction contracts covering a
(A) Requirements. -
period in excess of one (1) year. Persons whose gross
income is derived in whole or in part from such contracts (1) Except as provided in paragraph (2) of this
shall report such income upon the basis of percentage of Subsection, the following individuals are required to
completion. The return should be accompanied by a file an income tax return:
return certificate of architects or engineers showing the (a) Every Filipino citizen residing in the
percentage of completion during the taxable year of the Philippines;
entire work performed under contract. There should be
deducted from such gross income all expenditures made (b) Every Filipino citizen residing outside the
during the taxable year on account of the contract, Philippines, on his income from sources within
account being taken of the material and supplies on the Philippines;
hand at the beginning and end of the taxable period for (c) Every alien residing in the Philippines, on
use in connection with the work under the contract but income derived from sources within the
not yet so applied. If upon completion of a contract, it is Philippines; and
found that the taxable [net] income arising thereunder
has not been clearly reflected for any year or years, the (d) Every nonresident alien engaged in trade or
Commissioner may permit or require an amended return. business or in the exercise of profession in the
Philippines.
SEC. 49. Installment Basis. -
(2) The following individuals shall not be required to
(A) Sales of Dealers in Personal Property. - Under rules file an income tax return:
and regulations prescribed by the Secretary of Finance,
upon recommendation of the Commissioner, a person (a) An individual whose taxable income does
who regularly sells or otherwise disposes of personal not exceed two hundred fifty thousand pesos
property on the installment plan may return as income (P250,000) under Section 24(A)(2)(a): Provided,
therefrom in any taxable year that proportion of the That a citizen of the Philippines and any alien
installment payments actually received in that year, individual engaged in business or practice of
which the gross profit realized or to be realized when profession within the Philippines shall file an
payment is completed, bears to the total contract price. income tax return, regardless of the amount of
gross income;(as amended by RA No 10963)
(B) Sales of Realty and Casual Sales of Personality. - In
the case (1) of a casual sale or other casual disposition of (b) An individual with respect to pure
personal property (other than property of a kind which compensation income, [35] as defined in Section
would properly be included in the inventory of the 32 (A)(1), derived from sources within the
taxpayer if on hand at the close of the taxable year), for a Philippines, the income tax on which has been
price exceeding One thousand pesos (P1,000), or (2) of a correctly withheld under the provisions of
sale or other disposition of real property, if in either case Section 79 of this Code: Provided, That an
the initial payments do not exceed twenty-five percent individual deriving compensation concurrently
(25%) of the selling price, the income may, under the rules from two or more employers at any time during
and regulations prescribed by the Secretary of Finance, the taxable year shall file an income tax return.
[36]
upon recommendation of the Commissioner, be returned
on the basis and in the manner above prescribed in this (c) An individual whose sole income has been
Section. As used in this Section, the term 'initial subjected to final withholding tax pursuant to
payments' means the payments received in cash or Section 57(A) of this Code; and
property other than evidences of indebtedness of the
(d) A minimum wage earner as defined in (E) Return of Parent to Include Income of Children. -
section 22 (HH) of this Code or an individual The income of unmarried minors derived from properly
who is exempt from income tax pursuant to the received from a living parent shall be included in the
provisions of this Code and other laws, general return of the parent, except (1) when the donor's tax has
or special. [37] been paid on such property, or (2) when the transfer of
(3) The foregoing notwithstanding, any individual such property is exempt from donor's tax.
not required to file an income tax return may (F) Persons Under Disability. - If the taxpayer is unable to
nevertheless be required to file an information make his own return, the return may be made by his duly
return pursuant to rules and regulations prescribed authorized agent or representative or by the guardian or
by the Secretary of Finance, upon recommendation other person charged with the care of his person or
of the Commissioner. property, the principal and his representative or guardian
(4) The income tax return shall be filed in duplicate assuming the responsibility of making the return and
by the following persons: incurring penalties provided for erroneous, false or
fraudulent returns.
(a) A resident citizen - on his income from all
sources; (G) Signature Presumed Correct. - The fact that an
individual's name is signed to a filed return shall be prima
(b) A nonresident citizen - on his income facie evidence for all purposes that the return was
derived from sources within the Philippines; actually signed by him.
(c) A resident alien - on his income derived from SEC. 51-A. Substituted Filing of Income Tax Returns by
sources within the Philippines; and Employees Receiving Purely Compensation Income. —
(d) A nonresident alien engaged in trade or Individual taxpayers receiving purely compensation
business in the Philippines - on his income income, regardless of amount, from only one employer in
derived from sources within the Philippines. the Philippines for the calendar year, the income tax of
which has been withheld correctly by the said employer
(5) The income tax return (ITR) shall consist of a (tax due equals tax withheld) shall not be required to file
maximum of four (4) pages in paper form or an annual income tax return. The certificate of
electronic form, and shall only contain the following withholding filed by the respective employers, duly
information: stamped 'received' by the BIR, shall be tantamount to the
(A) Personal profile and information; substituted filing of income tax returns by said
employees.(as amended by RA No 10963)
(B) Total gross sales, receipts or income from
compensation for services rendered, conduct of SEC. 52. Corporation Returns. -
trade or business or the exercise of a profession, (A) Requirements. - Every corporation subject to the tax
except income subject to final tax as provided herein imposed, except foreign corporations not engaged
under this Code; in trade or business in the Philippines, shall render, in
(C) Allowable deductions under this Code; duplicate, a true and accurate quarterly income tax
return and final or adjustment return in accordance with
(D) Taxable income as defined in Section 31 of the provisions of Chapter XII of this Title. The income tax
this Code; and return shall consist of a maximum of four (4) pages in
(E) Income tax due and payable paper form or electronic form, be filed by the president,
(as amended by RA No 10963) vice-president or other principal officer, shall be sworn to
by such officer and by the treasurer or assistant treasurer,
(B) Where to File. - Except in cases where the and shall only contain the following information:
Commissioner otherwise permits, the return shall be filed
with an authorized agent bank, Revenue District Officer, (1) Corporate profile and information;
Collection Agent or duly authorized Treasurer of the city (2) Gross sales, receipts or income from services
or municipality in which such person has his legal rendered, or conduct of trade or business, except
residence or principal place of business in the Philippines, income subject to final tax as provided under this
or if there be no legal residence or place of business in Code;
the Philippines, with the Office of the Commissioner. (3) Allowable deductions under this Code;
(C) When to File. - (4) Taxable income as defined in Section 31 of this
(1) The return of any individual specified above shall Code; and
be filed on or before the fifteenth (15th) day of April (5) Income tax due and payable.
of each year covering income for the preceding
taxable year. Provided, That the foregoing provisions shall not
affect the implementation of Republic Act No. 10708
(2) Individuals subject to tax on capital gains; or TIMTA.
(a) From the sale or exchange of shares of stock (as amended by RA No 10963)
not traded thru a local stock exchange as
prescribed under Section 24(C)shall file a return (B) Taxable Year of Corporation. - A corporation may
within thirty (30) days after each transaction employ either calendar year or fiscal year as a basis for
and a final consolidated return on or before filing its annual income tax return: Provided, That the
April 15 of each year covering all stock corporation shall not change the accounting period
transactions of the preceding taxable year; and employed without prior approval from the Commissioner
in accordance with the provisions of Section 47 of this
(b) From the sale or disposition of real property Code.
under Section 24(D) shall file a return within
thirty (30) days following each sale or other (C) Return of Corporation Contemplating Dissolution or
disposition. Reorganization. - Every corporation shall, within thirty
(30) days after the adoption by the corporation of a
(D) Husband and Wife. - Married individuals, whether resolution or plan for its dissolution, or for the liquidation
citizens, resident or nonresident aliens, who do not derive of the whole or any part of its capital stock, including a
income purely from compensation, shall file a return for corporation which has been notified of possible
the taxable year to include the income of both spouses, involuntary dissolution by the Securities and Exchange
but where it is impracticable for the spouses to file one Commission, or for its reorganization, render a correct
return, each spouse may file a separate return of income return to the Commissioner, verified under oath, setting
but the returns so filed shall be consolidated by the forth the terms of such resolution or plan and such other
Bureau for purposes of verification for the taxable year. information as the Secretary of Finance, upon
recommendation of the commissioner, shall, by rules and Section 24 (c), 24(D), 27(E)(2), 28(A)(8)(c) and
regulations, prescribe. 28(B)(5)(c) shall be paid on the date the return
The dissolving or reorganizing corporation shall, prior to prescribed therefor is filed by the person liable
the issuance by the Securities and Exchange Commission thereto: Provided, That if the seller submits proof of
of the Certificate of Dissolution or Reorganization, as may his intention to avail himself of the benefit of
be defined by rules and regulations prescribed by the exemption of capital gains under existing special
Secretary of Finance, upon recommendation of the laws, no such payments shall be required: Provided,
Commissioner, secure a certificate of tax clearance from further, That in case of failure to qualify for
the Bureau of Internal Revenue which certificate shall be exemption under such special laws and
submitted to the Securities and Exchange Commission. implementing rules and regulations, the tax due on
the gains realized from the original transaction shall
(D) Return on Capital Gains Realized from Sale of immediately become due and payable, subject to
Shares of Stock not Traded in the Local Stock the penalties prescribed under applicable provisions
Exchange. - Every corporation deriving capital gains from of this Code: Provided, finally, That if the seller,
the sale or exchange of shares of stock not traded thru a having paid the tax, submits such proof of intent
local stock exchange as prescribed under Sections 24(C), within six (6) months from the registration of the
25(A)(3), 27(E)(2), 28(A)(8)(c) and 28 (B)(5)(c) shall file a document transferring the real property, he shall be
return within thirty (30) days after each transactions and a entitled to a refund of such tax upon verification of
final consolidated return of all transactions during the his compliance with the requirements for such
taxable year on or before the fifteenth (15th) day of the exemption.
fourth (4th) month following the close of the taxable year.
In case the taxpayer elects and is qualified to report the
SEC. 53. Extension of Time to File Returns. - The gain by installments under Section 49 of this Code, the
Commissioner may, in meritorious cases, grant a tax due from each installment payment shall be paid
reasonable extension of time for filing returns of income within (30) days from the receipt of such payments.
(or final and adjustment returns in case of corporations),
subject to the provisions of Section 56 of this Code. No registration of any document transferring real
property shall be effected by the Register of Deeds unless
SEC. 54. Returns of Receivers, Trustees in Bankruptcy the Commissioner or his duly authorized representative
or Assignees. - In cases wherein receivers, trustees in has certified that such transfer has been reported, and
bankruptcy or assignees are operating the property or the tax herein imposed, if any, has been paid.
business of a corporation, subject to the tax imposed by
this Title, such receivers, trustees or assignees shall make (B) Assessment and Payment of Deficiency Tax. - After
returns of net income [38] as and for such corporation, in the return is filed, the Commissioner shall examine it and
the same manner and form as such organization is assess the correct amount of the tax. The tax or
hereinbefore required to make returns, and any tax due deficiency income tax so discovered shall be paid upon
on the income as returned by receivers, trustees or notice and demand from the Commissioner.
assignees shall be assessed and collected in the same As used in this Chapter, in respect of a tax imposed by
manner as if assessed directly against the organizations this Title, the term 'deficiency' means:
of whose businesses or properties they have custody or (1) The amount by which the tax imposed by this
control. Title exceeds the amount shown as the tax by the
SEC. 55. Returns of General Professional Partnerships. - taxpayer upon his return; but the amount so shown
Every general professional partnership shall file, in on the return shall be increased by the amounts
duplicate, a return of its income, except income exempt previously assessed (or collected without
under Section 32(B) of this Title, setting forth the items of assessment) as a deficiency, and decreased by the
gross income and of deductions allowed by this Title, and amount previously abated, credited, returned or
the names, Taxpayer Identification Numbers (TIN), otherwise repaid in respect of such tax; or
addresses and shares of each of the partners. (2) If no amount is shown as the tax by the taxpayer
SEC. 56. Payment and Assessment of Income Tax for upon this return, or if no return is made by the
Individuals and Corporations. - taxpayer, then the amount by which the tax exceeds
(A) Payment of Tax. - the amounts previously assessed (or collected
without assessment) as a deficiency; but such
(1) In General. - The total amount of tax imposed by amounts previously assessed or collected without
this Title shall be paid by the person subject thereto assessment shall first be decreased by the amounts
at the time the return is filed. In the case of tramp previously abated, credited returned or otherwise
vessels, the shipping agents and/or the husbanding repaid in respect of such tax.
agents, and in their absence, the captains thereof
are required to file the return herein provided and SEC. 57. Withholding of Tax at Source. -
pay the tax due thereon before their departure. (A) Withholding of Final Tax on Certain Incomes. -
Upon failure of the said agents or captains to file the Subject to rules and regulations the Secretary of Finance
return and pay the tax, the Bureau of Customs is may promulgate, upon the recommendation of the
hereby authorized to hold the vessel and prevent its Commissioner, requiring the filing of income tax return
departure until proof of payment of the tax is by certain income payees, the tax imposed or prescribed
presented or a sufficient bond is filed to answer for by Sections 24(B)(1), 24(B)(2), 24(C), 24(D)(1); 25(A)(2),
the tax due. 25(A)(3), 25(B), 25(C), 25(D), 25(E), 27(D)(1), 27(D)(2), 27(D)(3),
(2) Installment of Payment. - When a tax due is in 27(D)(5), 28 (A)(4), 28(A)(5), 28(A)(7)(a), 28(A)(7)(b),
excess of Two thousand pesos (P2,000), the taxpayer 28(A)(7)(c), 28(B)(1), 28(B)(2), 28(B)(3), 28(B)(4), 28(B)(5)(a),
other than a corporation, may elect to pay the tax in 28(B)(5)(b), 28(B)(5)(c); 33; and 282 of this Code on
two (2) equal installments, in which case, the first specified items of income shall be withheld by
installment shall be paid at the time the return is payor-corporation and/or person and paid in the same
filed and the second installment on or before manner and subject to the same conditions as provided
October 15 following the close of the calendar year, if in Section 58 of this Code.
any installment is not paid on or before the date (B) Withholding of Creditable Tax at Source. - The
fixed for its payment, the whole amount of the tax Secretary of Finance may, upon the recommendation of
unpaid becomes due and payable together with the the Commissioner, require the withholding of a tax on
delinquency penalties.(as amended by RA No the items of income payable to natural or juridical
10963) persons, residing in the Philippines, by
(3) Payment of Capital Gains Tax. - The total payor-corporation/persons as provided for by law, at the
amount of tax imposed and prescribed under rate of not less than one percent (1%) but not more than
thirty-two percent (32%) thereof, which shall be credited
against the income tax liability of the taxpayer for the The Commissioner may, by rules and regulations, grant to
taxable year: Provided, That, beginning January 1, 2019, any withholding agent a reasonable extension of time to
the rate of withholding shall not be less than one percent furnish and submit the return required in this Subsection.
(1%) but not more than fifteen percent (15%) of the (D) Income of Recipient. - Income upon which any
income payment.(as amended by RA No 10963) creditable tax is required to be withheld at source under
(C) Tax-free Covenant Bonds. - In any case where bonds, Section 57 shall be included in the return of its recipient
mortgages, deeds of trust or other similar obligations of but the excess of the amount of tax so withheld over the
domestic or resident foreign corporations, contain a tax due on his return shall be refunded to him subject to
contract or provisions by which the obligor agrees to pay the provisions of Section 204; if the income tax collected
any portion of the tax imposed in this Title upon the at source is less than the tax due on his return, the
obligee or to reimburse the obligee for any portion of the difference shall be paid in accordance with the provisions
tax or to pay the interest without deduction for any tax of Section 56.
which the obligor may be required or permitted to pay All taxes withheld pursuant to the provisions of this Code
thereon or to retain therefrom under any law of the and its implementing rules and regulations are hereby
Philippines, or any state or country, the obligor shall considered trust funds and shall be maintained in a
deduct bonds, mortgages, deeds of trust or other separate account and not commingled with any other
obligations, whether the interest or other payments are funds of the withholding agent.
payable annually or at shorter or longer periods, and
whether the bonds, securities or obligations had been or (E) Registration with Register of Deeds. - No
will be issued or marketed, and the interest or other registration of any document transferring real property
payment thereon paid, within or without the Philippines, shall be effected by the Register of Deeds unless the
if the interest or other payment is payable to a Commissioner or his duly authorized representative has
nonresident alien or to a citizen or resident of the certified that such transfer has been reported, and the
Philippines. capital gains or creditable withholding tax, if any, has
been paid: Provided, however, That the information as
SEC. 58. Returns and Payment of Taxes Withheld at may be required by rules and regulations to be
Source. - prescribed by the Secretary of Finance, upon
(A) Quarterly Returns and Payments of Taxes Withheld. recommendation of the Commissioner, shall be
- Taxes deducted and withheld under Section 57 by annotated by the Register of Deeds in the Transfer
withholding agents shall be covered by a return and paid Certificate of Title or Condominium Certificate of Title:
to, except in cases where the Commissioner otherwise Provided, further, That in cases of transfer of property to a
permits, an authorized agent bank, Revenue District corporation, pursuant to a merger, consolidation or
Officer, Collection Agent, or duly authorized Treasurer of reorganization, and where the law allows deferred
the city or municipality where the withholding agent has recognition of income in accordance with Section 40, the
his legal residence or principal place of business, or where information as may be required by rules and regulations
the withholding agent is a corporation, where the to be prescribed by the Secretary of Finance, upon
principal office is located. recommendation of the Commissioner, shall be
The taxes deducted and withheld by the withholding annotated by the Register of Deeds at the back of the
agent shall be held as a special fund in trust for the Transfer Certificate of Title or Condominium Certificate of
government until paid to the collecting officers. Title of the real property involved: Provided, finally, That
any violation of this provision by the Register of Deeds
The return for final and creditable withholding taxes shall shall be subject to the penalties imposed under Section
be filed and the payment made not later than the last 269 of this Code.
day of the month following the close of the quarter
during which the withholding was made.(as amended SEC. 59. Tax on Profits Collectible from Owner or Other
by RA No 10963) Persons. - The tax imposed under this Title upon gains,
profits, and income not falling under the foregoing and
(B) Statement of Income Payments Made and Taxes not returned and paid by virtue of the foregoing or as
Withheld. - Every withholding agent required to deduct otherwise provided by law shall be assessed by personal
and withhold taxes under Section 57 shall furnish each return under rules and regulations to be prescribed by
recipient, in respect to his or its receipts during the the Secretary of Finance, upon recommendation of the
calendar quarter or year, a written statement showing the Commissioner. The intent and purpose of the Title is that
income or other payments made by the withholding all gains, profits and income of a taxable class, as defined
agent during such quarter or year, and the amount of the in this Title, shall be charged and assessed with the
tax deducted and withheld therefrom, simultaneously corresponding tax prescribed by this Title, and said tax
upon payment at the request of the payee, but not later shall be paid by the owners of such gains, profits and
than the twentieth (20th) day following the close of the income, or the proper person having the receipt, custody,
quarter in the case of corporate payee, or not later than control or disposal of the same. For purposes of this Title,
March 1 of the following year in the case of individual ownership of such gains, profits and income or liability to
payee for creditable withholding taxes. For final pay the tax shall be determined as of the year for which a
withholding taxes, the statement should be given to the return is required to be rendered.
payee on or before January 31 of the succeeding year.
(C) Annual Information Return. - Every withholding
agent required to deduct and withhold taxes under
Section 57 shall submit to the Commissioner an annual CHAPTER X ESTATES AND TRUSTS
information return containing the list of payees and SEC. 60. Imposition of Tax. -
income payments, amount of taxes withheld from each
payee and such other pertinent information as may be (A) Application of Tax. - The tax imposed by this Title
required by the Commissioner. In the case of final upon individuals shall apply to the income of estates or of
withholding taxes, the return shall be filed on or before any kind of property held in trust, including:
January 31 of the succeeding year, and for creditable (1) Income accumulated in trust for the benefit of
withholding taxes, not later than March 1 of the year unborn or unascertained person or persons with
following the year for which the annual report is being contingent interests, and income accumulated or
submitted. This return, if made and filed in accordance held for future distribution under the terms of the
with the rules and regulations approved by the Secretary will or trust;
of Finance, upon recommendation of the Commissioner,
(2) Income which is to be distributed currently by
shall be sufficient compliance with the requirements of
the fiduciary to the beneficiaries, and income
Section 68 of this Title in respect to the income payments.
collected by a guardian of an infant which is to be
held or distributed as the court may direct;
(3) Income received by estates of deceased persons shall not be included in computing the income of the
during the period of administration or settlement of beneficiaries.
the estate; and SEC. 62. Exemption Allowed to Estates and Trusts. - (as
(4) Income which, in the discretion of the fiduciary, amended by RA No 10963)
may be either distributed to the beneficiaries or SEC. 63. Revocable trusts. - Where at any time the
accumulated. power to revest in the grantor title to any part of the
(B) Exception. - The tax imposed by this Title shall not corpus of the trust is vested (1) in the grantor either alone
apply to employee's trust which forms part of a pension, or in conjunction with any person not having a
stock bonus or profit-sharing plan of an employer for the substantial adverse interest in the disposition of such part
benefit of some or all of his employees (1) if contributions of the corpus or the income therefrom, or (2) in any
are made to the trust by such employer, or employees, or person not having a substantial adverse interest in the
both for the purpose of distributing to such employees disposition of such part of the corpus or the income
the earnings and principal of the fund accumulated by therefrom, the income of such part of the trust shall be
the trust in accordance with such plan, and (2) if under included in computing the taxable income of the grantor.
the trust instrument it is impossible, at any time prior to SEC. 64. Income for Benefit of Grantor. -
the satisfaction of all liabilities with respect to employees
under the trust, for any part of the corpus or income to be (A) Where any part of the income of a trust (1) is, or in the
(within the taxable year or thereafter) used for, or diverted discretion of the grantor or of any person not having a
to, purposes other than for the exclusive benefit of his substantial adverse interest in the disposition of such part
employees: Provided, That any amount actually of the income may be held or accumulated for future
distributed to any employee or distributee shall be distribution to the grantor, or (2) may, or in the discretion
taxable to him in the year in which so distributed to the of the grantor or of any person not having a substantial
extent that it exceeds the amount contributed by such adverse interest in the disposition of such part of the
employee or distributee. income, be distributed to the grantor, or (3) is, or in the
discretion of the grantor or of any person not having a
(C) Computation and Payment. - substantial adverse interest in the disposition of such part
(1) In General. - The tax shall be computed upon the of the income may be applied to the payment of
taxable income of the estate or trust and shall be premiums upon policies of insurance on the life of the
paid by the fiduciary, except as provided in Section grantor, such part of the income of the trust shall be
63 (relating to revocable trusts) and Section 64 included in computing the taxable income of the grantor.
(relating to income for the benefit of the grantor). `
(2) Consolidation of Income of Two or More Trusts. (B) As used in this Section, the term 'in the discretion of
- Where, in the case of two or more trusts, the the grantor' means in the discretion of the grantor, either
creator of the trust in each instance is the same alone or in conjunction with any person not having a
person, and the beneficiary in each instance is the substantial adverse interest in the disposition of the part
same, the taxable income of all the trusts shall be of the income in question.
consolidated and the tax provided in this Section SEC. 65. Fiduciary Returns. - Guardians, trustees,
computed on such consolidated income, and such executors, administrators, receivers, conservators and all
proportion of said tax shall be assessed and persons or corporations, acting in any fiduciary capacity,
collected from each trustee which the taxable shall render, in duplicate, a return of the income of the
income of the trust administered by him bears to person, trust or estate for whom or which they act, and be
the consolidated income of the several trusts. subject to all the provisions of this Title, which apply to
SEC. 61. Taxable Income. - The taxable income of the individuals in case such person, estate or trust has a gross
estate or trust shall be computed in the same manner income of Twenty thousand pesos (P20,000) [40] or over
and on the same basis as in the case of an individual, during the taxable year. Such fiduciary or person filing
except that: the return for him or it, shall take oath that he has
(A) There shall be allowed as a deduction in computing sufficient knowledge of the affairs of such person, trust or
the taxable income of the estate or trust the amount of estate to enable him to make such return and that the
the income of the estate or trust for the taxable year same is, to the best of his knowledge and belief, true and
which is to be distributed currently by the fiduciary to the correct, and be subject to all the provisions of this Title
beneficiaries, and the amount of the income collected by which apply to individuals: Provided, That a return made
a guardian of an infant which is to be held or distributed by or for one or two or more joint fiduciaries filed in the
as the court may direct, but the amount so allowed as a province where such fiduciaries reside; under such rules
deduction shall be included in computing the taxable and regulations as the Secretary of Finance, upon
income of the beneficiaries, whether distributed to them recommendation of the Commissioner, shall prescribe,
or not. Any amount allowed as a deduction under this shall be a sufficient compliance with the requirements of
Subsection shall not be allowed as a deduction under this Section.
Subsection (B) of this Section in the same or any SEC. 66. Fiduciaries Indemnified Against Claims for
succeeding taxable year. Taxes Paid. - Trustees, executors, administrators and
(B) In the case of income received by estates of deceased other fiduciaries are indemnified against the claims or
persons during the period of administration or demands of every beneficiary for all payments of taxes
settlement of the estate, and in the case of income which, which they shall be required to make under the
in the discretion of the fiduciary, may be either provisions of this Title, and they shall have credit for the
distributed to the beneficiary or accumulated, there shall amount of such payments against the beneficiary or
be allowed as an additional deduction in computing the principal in any accounting which they make as such
taxable income of the estate or trust the amount of the trustees or other fiduciaries.
income of the estate or trust for its taxable year, which is
properly paid or credited during such year to any legatee,
heir or beneficiary but the amount so allowed as a
deduction shall be included in computing the taxable CHAPTER XI OTHER INCOME TAX
income of the legatee, heir or beneficiary. REQUIREMENTS
(C) In the case of a trust administered in a foreign country, SEC. 67. Collection of Foreign Payments. - All persons,
the deductions mentioned in Subsections (A) and (B) of corporations, duly registered general co-partnerships
this Section shall not be allowed: Provided, That the (companies colectivas) undertaking for profit or
amount of any income included in the return of said trust otherwise the collection of foreign payments of interests
or dividends by means of coupons, checks or bills of
exchange shall obtain a license from the Commissioner,
and shall be subject to such rules and regulations SEC. 71. Disposition of Income Tax Returns, Publication
enabling the government to obtain the information of Lists of Taxpayers and Filers. - After the assessment
required under this Title, as the Secretary of Finance, shall have been made, as provided in this Title, the
upon recommendation of the Commissioner, shall returns, together with any corrections thereof which may
prescribe. have been made by the Commissioner, shall be filed in
SEC. 68. Information at Source as to Income Payments. the Office of the Commissioner and shall constitute
- all persons, corporations or duly registered co- public records and be open to inspection as such upon
partnerships (companies colectivas), in whatever capacity the order of the President of the Philippines, under rules
acting, including lessees or mortgagors of real or personal and regulations to be prescribed by the Secretary of
property, trustees, acting in any trust capacity, executors, Finance, upon recommendation of the Commissioner.
administrators, receivers, conservators and employees The Commissioner may, in each year, cause to be
making payment to another person, corporation or duly prepared and published in any newspaper the lists
registered general co-partnership (compania colectiva), of containing the names and addresses of persons who
interests, rents, salaries, wages, premiums, annuities, have filed income tax returns.
compensations, remunerations, emoluments or other Income tax returns of specific taxpayers subject of a
fixed or determinable gains, profits and income, other request for exchange of information by a foreign tax
than payment described in Section 69, in any taxable authority pursuant to an international convention or
year, or in the case of such payments made by the agreement on tax matters to which the Philippines is a
Government of the Philippines, the officers or employees signatory or a party of, shall be open to inspection upon
of the Government having information as to such the order of the President of the Philippines, under rules
payments and required to make returns in regard and regulations as may be prescribed by the Secretary of
thereto, are authorized and required to render a true and Finance, upon recommendation of the Commissioner. [41]
accurate return to the Commissioner, under such rules
and regulations, and in such form and manner as may be SEC. 72. Suit to Recover Tax Based on False or
prescribed by the Secretary of Finance, upon Fraudulent Returns. - When an assessment is made in
recommendation of the Commissioner, setting forth the case of any list, statement or return, which in the opinion
amount of such gains, profits and income and the name of the Commissioner was false or fraudulent or contained
and address of the recipient of such payments: Provided, any understatement or undervaluation, no tax collected
That such returns shall be required, in the case of under such assessment shall be recovered by any suit,
payments of interest upon bonds and mortgages or unless it is proved that the said list, statement or return
deeds of trust or other similar obligations of corporations, was not false nor fraudulent and did not contain any
and in the case of collections of items, not payable in the understatement or undervaluation; but this provision
Philippines, of interest upon the bonds of foreign shall not apply to statements or returns made or to be
countries and interest from the bonds and dividends made in good faith regarding annual depreciation of oil
from the stock of foreign corporations by persons, or gas wells and mines.
corporations or duly registered general co-partnerships SEC. 73. Distribution of Dividends or Assets by
(companies colectivas), undertaking as a matter of Corporations. -
business or for profit or otherwise the collection of foreign
payments of such interests or dividends by means of (A) Definition of Dividends. - The term 'dividends' when
coupons or bills of exchange. used in this Title means any distribution made by a
corporation to its shareholders out of its earnings or
SEC. 69. Return of Information of Brokers. - Every profits and payable to its shareholders, whether in money
person, corporation or duly registered general or in other property.
co-partnership (compania colectiva), doing business as a
broker in any exchange or board or other similar place of Where a corporation distributes all of its assets in
business, shall, when required by the Commissioner, complete liquidation or dissolution, the gain realized or
render a correct return duly verified under oath under loss sustained by the stockholder, whether individual or
such rules and regulations as the Secretary of Finance, corporate, is a taxable income or a deductible loss, as the
upon recommendation of the Commissioner, may case may be.
prescribe, showing the names of customers for whom (B) Stock Dividend. - A stock dividend representing the
such person, corporation or duly registered general transfer of surplus to capital account shall not be subject
co-partnership (compania colectiva) has transacted any to tax. However, if a corporation cancels or redeems stock
business, with such details as to the profits, losses or issued as a dividend at such time and in such manner as
other information which the Commissioner, may require to make the distribution and cancellation or redemption,
as to each of such customers as will enable the in whole or in part, essentially equivalent to the
Commissioner to determine whether all income tax due distribution of a taxable dividend, the amount so
on profits or gains of such customers has been paid. distributed in redemption or cancellation of the stock
SEC. 70. Returns of Foreign Corporations. - shall be considered as taxable income to the extent that it
represents a distribution of earnings or profits.
(A) Requirements. - Under rules and regulations
prescribed by the Secretary of finance, upon the (C) Dividends Distributed are Deemed Made from Most
recommendation of the Commissioner, any attorney, Recently Accumulated Profits. - Any distribution made
accountant, fiduciary, bank, trust company, financial to the shareholders or members of a corporation shall be
institution or other person, who aids, assists, counsels or deemed to have been made from the most recently
advises in, or with respect to; the formation, organization accumulated profits or surplus, and shall constitute a part
or reorganization of any foreign corporation, shall, within of the annual income of the distributee for the year in
thirty (30) days thereafter, file with the Commissioner a which received.
return. (D) Net Income of a Partnership Deemed
(B) Form and Contents of Return. - Such return shall be Constructively Received by Partners. - The taxable
in such form and shall set forth; under oath, in respect of income declared by a partnership for a taxable year which
each such corporation, to the full extent of the is subject to tax under Section 27 (A) of this Code, after
information within the possession or knowledge or under deducting the corporate income tax imposed therein,
the control of the person required to file the return, such shall be deemed to have been actually or constructively
information as the Secretary of Finance, upon received by the partners in the same taxable year and
recommendation of the Commissioner, shall prescribe by shall be taxed to them in their individual capacity,
rules and regulations as necessary for carrying out the whether actually distributed or not.
provisions of this Title. Nothing in this Section shall be
construed to require the divulging of privileged
communications between attorney and client.
paid by such employer to such employee for such period counter-signature by the Chairman, Commission on
shall be deemed to be wages. Audit or the latter's duly authorized representative
(B) Payroll Period. - The term 'payroll period' means a as an exception to the requirement prescribed by
period for which payment of wages is ordinarily made to Section 49, Chapter 8, Subtitle B, Title 1 of Book V of
the employee by his employer, and the term Executive Order No. 292, otherwise known as the
'miscellaneous payroll period' means a payroll period Administrative Code of 1987. [43]
other than, a daily, weekly, biweekly, semi-monthly, (D) Personal Exemptions.-
monthly, quarterly, semi-annual, or annual period. (1) In General. - Unless otherwise provided by this
(C) Employee. - The term 'employee' refers to any Chapter, the personal and additional exemptions
individual who is the recipient of wages and includes an applicable under this Chapter shall be determined
officer, employee or elected official of the Government of in accordance with the main provisions of this Title.
the Philippines or any political subdivision, agency or (2) Exemption Certificate. -
instrumentality thereof. The term 'employee' also
includes an officer of a corporation. (a) When to File. - On or before the date of
commencement of employment with an
(D) Employer. - The term 'employer' means the person employer, the employee shall furnish the
for whom an individual performs or performed any employer with a signed withholding exemption
service, of whatever nature, as the employee of such certificate relating to the personal and
person, except that: additional exemptions to which he is entitled.
(1) If the person for whom the individual performs or (b) Change of Status. - In case of change of
performed any service does not have control of the status of an employee as a result of which he
payment of the wages for such services, the term would be entitled to a lesser or greater amount
'employer' (except for the purpose of Subsection(A) of exemption, the employee shall, within ten
means the person having control of the payment of (10) days from such change, file with the
such wages; and employer a new withholding exemption
(2) In the case of a person paying wages on behalf of certificate reflecting the change.
a nonresident alien individual, foreign partnership or (c) Use of Certificates. - The certificates filed
foreign corporation not engaged in trade or hereunder shall be used by the employer in the
business within the Philippines, the term 'employer' determination of the amount of taxes to be
(except for the purpose of Subsection(A) means withheld.
such person.
(d) Failure to Furnish Certificate. - Where an
SEC. 79. Income Tax Collected at Source. - employee, in violation of this Chapter, either
(A) Requirement of Withholding. - Except in the case of fails or refuses to file a withholding exemption
a minimum wage earner as defined in Section 22(HH) of certificate, the employer shall withhold the
this Code, every employer making payment of wages taxes prescribed under the schedule for zero
shall deduct and withhold upon such wages a tax exemption of the withholding tax table
determined in accordance with the rules and regulations determined pursuant to Subsection (A) hereof.
to be prescribed by the Secretary of Finance, upon (D) Withholding on Basis of Average Wages. - The
recommendation of the Commissioner. [42] Commissioner may, under rules and regulations
(B) Tax Paid by Recipient. - If the employer, in violation promulgated by the Secretary of Finance, authorize
of the provisions of this Chapter, fails to deduct and employers to:
withhold the tax as required under this Chapter, and (1) Estimate the wages which will be paid to an
thereafter the tax against which such tax may be credited employee in any quarter of the calendar year;
is paid, the tax so required to be deducted and withheld
shall not be collected from the employer; but this (2) Determine the amount to be deducted and
Subsection shall in no case relieve the employer from withheld upon each payment of wages to such
liability for any penalty or addition to the tax otherwise employee during such quarter as if the appropriate
applicable in respect of such failure to deduct and average of the wages so estimated constituted the
withhold. actual wages paid; and
(C) Refunds or Credits. - (3) Deduct and withhold upon any payment of
wages to such employee during such quarter such
(1) Employer. - When there has been an amount as may be required to be deducted and
overpayment of tax under this Section, refund or withheld during such quarter without regard to this
credit shall be made to the employer only to the Subsection.
extent that the amount of such overpayment was
not deducted and withheld hereunder by the (F) Husband and Wife. - When a husband and wife each
employer. are recipients of wages, whether from the same or from
different employers, taxes to be withheld shall be
(2) Employees. -The amount deducted and determined on the following bases:
withheld under this Chapter during any calendar
year shall be allowed as a credit to the recipient of (1) The husband shall be deemed the head of the
such income against the tax imposed under Section family and proper claimant of the additional
24(A) of this Title. Refunds and credits in cases of exemption in respect to any dependent children,
excessive withholding shall be granted under rules unless he explicitly waives his right in favor of his
and regulations promulgated by the Secretary of wife in the withholding exemption certificate.
Finance, upon recommendation of the (2) Taxes shall be withheld from the wages of the
Commissioner. wife in accordance with the schedule for zero
Any excess of the taxes withheld over the tax due exemption of the withholding tax table prescribed in
from the taxpayer shall be returned or credited Subsection (D)(2)(d) hereof.
within three (3) months from the fifteenth (15th) day (E) Nonresident Aliens. - Wages paid to nonresident
of April. Refunds or credits made after such time alien individuals engaged in trade or business in the
shall earn interest at the rate of six percent (6%) per Philippines shall be subject to the provisions of this
annum, starting after the lapse of the three-month Chapter.
period to the date the refund of credit is made.
(F) Year-end Adjustment. - On or before the end of the
Refunds shall be made upon warrants drawn by the calendar year but prior to the payment of the
Commissioner or by his duly authorized compensation for the last payroll period, the employer
representative without the necessity of shall determine the tax due from each employee on
taxable compensation income for the entire taxable year other information, and shall be furnished at such other
in accordance with Section 24(A). The difference between time and in such form as the Secretary
the tax due from the employee for the entire year and the of Finance, upon the recommendation of the
sum of taxes withheld from January to November shall Commissioner, may, by rules and regulation, prescribe.
either be withheld from his salary in December of the
current calendar year or refunded to the employee not (B) Annual Information Returns. - Every employer
later than January 25 of the succeeding year. required to deduct and withhold the taxes in respect of
the wages of his employees shall, on or before January
(as amended by RA No 10963) thirty-first (31st) of the succeeding year, submit to the
SEC. 80. Liability for Tax. - Commissioner an annual information return containing a
(A) Employer. - The employer shall be liable for the list of employees, the total amount of compensation
withholding and remittance of the correct amount of tax income of each employee, the total amount of taxes
required to be deducted and withheld under this withheld therefrom during the year, accompanied by
Chapter. If the employer fails to withhold and remit the copies of the statement referred to in the preceding
correct amount of tax as required to be withheld under paragraph, and such other information as may be
the provision of this Chapter, such tax shall be collected deemed necessary. This return, if made and filed in
from the employer together with the penalties or accordance with rules and regulations promulgated by
additions to the tax otherwise applicable in respect to the Secretary of Finance, upon recommendation of the
such Commissioner, shall be sufficient compliance with the
requirements of Section 68 of this Title in respect of such
failure to withhold and remit. wages.
(B) Employee. - Where an employee fails or refuses to file (C) Extension of Time. - The Commissioner, under such
the withholding exemption certificate or wilfully supplies rules and regulations as may be promulgated by the
false or inaccurate information thereunder, the tax Secretary of Finance, may grant to any employer a
otherwise required to be withheld by the employer shall reasonable extension of time to furnish and submit the
be collected from him including penalties or additions to statements and returns required under this Section.
the tax from the due date of remittance until the date of
payment. On the other hand, excess taxes withheld made
by the employer due to:
(1) Failure or refusal to file the withholding TITLE III ESTATE AND DONOR'S TAXES
exemption certificate; or
through the exercise of a power (in whatever (A) Deductions Allowed to the Estate of a Citizen or a
capacity exercisable) by the decedent alone or by Resident. — In the case of a citizen or resident of the
the decedent in conjunction with any other person Philippines, by deducting from the value of the gross
(without regard to when or from what source the estate —
decedent acquired such power), to alter, amend, (1) Standard Deduction. — An amount equivalent to
revoke, or terminate, or where any such power is Five million pesos (P5,000,000).
relinquished in contemplation of the decedent's
death. (2) For claims against the estate: Provided, That at
the time the indebtedness was incurred the debt
(2) For the purpose of this Subsection, the power to instrument was duly notarized and, if the loan was
alter, amend or revoke shall be considered to exist contracted within three (3) years before the death of
on the date of the decedent's death even though the decedent, the administrator or executor shall
the exercise of the power is subject to a precedent submit a statement showing the disposition of the
giving of notice or even though the alteration, proceeds of the loan.
amendment or revocation takes effect only on the
expiration of a stated period after the exercise of the (3) For claims of the deceased against insolvent
power, whether or not on or before the date of the persons where the value of decedent's interest
decedent's death notice has been given or the therein is included in the value of the gross estate.
power has been exercised. In such cases, proper (4) For unpaid mortgages upon, or any
adjustment shall be made representing the interests indebtedness in respect to, property where the value
which would have been excluded from the power if of decedent's interest therein, undiminished by such
the decedent had lived, and for such purpose if the mortgage or indebtedness, is included in the value
notice has not been given or the power has not of the gross estate, but not including any income tax
been exercised on or before the date of his death, upon income received after the death of the
such notice shall be considered to have been given, decedent, or property taxes not accrued before his
or the power exercised, on the date of death. death, or any estate tax. The deduction herein
(D) Property Passing Under General Power of allowed in the case of claims against the estate,
Appointment. - To the extent of any property passing unpaid mortgages or any indebtedness shall, when
under a general power of appointment exercised by the founded upon a promise or agreement, be limited to
decedent: (1) by will, or (2) by deed executed in the extent that they were contracted bona fide and
contemplation of, or intended to take effect in possession for an adequate and full consideration in money or
or enjoyment at, or after his death, or (3) by deed under money's worth. There shall also be deducted losses
which he has retained for his life or any period not incurred during the settlement of the estate arising
ascertainable without reference to his death or for any from fires, storms, shipwreck, or other casualties, or
period which does not in fact end before his death (a) the from robbery, theft or embezzlement, when such
possession or enjoyment of, or the right to the income losses are not compensated for by insurance or
from, the property, or (b) the right, either alone or in otherwise, and if at the time of the filing of the
conjunction with any person, to designate the persons return such losses have not been claimed as a
who shall possess or enjoy the property or the income deduction for the income tax purposes in an income
therefrom; except in case of a bona fide sale for an tax return, and provided that such losses were
adequate and full consideration in money or money's incurred not later than the last day for the payment
worth. of the estate tax as prescribed in Subsection (A) of
Section 91.
(E) Proceeds of Life Insurance. - To the extent of the
amount receivable by the estate of the deceased, his (5) Property Previously Taxed. — An amount equal
executor, or administrator, as insurance under policies to the value specified below of any property forming
taken out by the decedent upon his own life, irrespective part of the gross estate situated in the Philippines of
of whether or not the insured retained the power of any person who died within five (5) years prior to the
revocation, or to the extent of the amount receivable by death of the decedent, or transferred to the
any beneficiary designated in the policy of insurance, decedent by gift within five (5) years prior to his
except when it is expressly stipulated that the death, where such property can be identified as
designation of the beneficiary is irrevocable. having been received by the decedent from the
donor by gift, or from such prior decedent by gift,
(F) Prior Interests. - Except as otherwise specifically bequest, devise or inheritance, or which can be
provided therein, Subsections (B), (C) and (E) of this identified as having been acquired in exchange for
Section shall apply to the transfers, trusts, estates, property so received:
interests, rights, powers and relinquishment of powers, as
severally enumerated and described therein, whether One hundred percent (100%) of the value, if the prior
made, created, arising, existing, exercised or relinquished decedent died within one (1) year prior to the death
before or after the effectivity of this Code. of the decedent, or if the property was transferred to
him by gift, within the same period prior to his
(G) Transfers for Insufficient Consideration. - If any one death;
of the transfers, trusts, interests, rights or powers
enumerated and described in Subsections (B), (C) and (D) Eighty percent (80%) of the value, if the prior
of this Section is made, created, exercised or relinquished decedent died more than one (1) year but not more
for a consideration in money or money's worth, but is not than two (2) years prior to the death of the decedent,
a bona fide sale for an adequate and full consideration in or if the property was transferred to him by gift
money or money's worth, there shall be included in the within the same period prior to his death;
gross estate only the excess of the fair market value, at Sixty percent (60%) of the value, if the prior decedent
the time of death, of the property otherwise to be died more than two (2) years but not more than
included on account of such transaction, over the value of three (3) years prior to the death of the decedent, or
the consideration received therefor by the decedent. if the property was transferred to him by gift within
(H) Capital of the Surviving Spouse. - The capital of the the same period prior to his death;
surviving spouse of a decedent shall not, for the purpose Forty percent (40%) of the value, if the prior
of this Chapter, be deemed a part of his or her gross decedent died more than three (3) years but not
estate. more than four (4) years prior to the death of the
SEC. 86. Computation of Net Estate. - For the purpose of decedent, or if the property was transferred to him
the tax imposed in this Chapter, the value of the net by gift within the same period prior to his death; and
estate shall be determined: Twenty percent (20%) of the value, if the prior
decedent died more than four (4) years but not more
than five (5) years prior to the death of the decedent, One hundred percent (100%) of the value if the prior
or if the property was transferred to him by gift decedent died within one (1) year prior to the death
within the same period prior to his death. of the decedent, or if the property was transferred to
These deductions shall be allowed only where a him by gift, within the same period prior to his
donor's tax, or estate tax imposed under this Title death;
was finally determined and paid by or on behalf of Eighty percent (80%) of the value, if the prior
such donor, or the estate of such prior decedent, as decedent died more than one (1) year but not more
the case may be, and only in the amount finally than two (2) years prior to the death of the decedent,
determined as the value of such property in or if the property was transferred to him by gift
determining the value of the gift, or the gross estate within the same period prior to his death;
of such prior decedent, and only to the extent that Sixty percent (60%) of the value, if the prior decedent
the value of such property is included in the died more than two (2) years but not more than
decedent's gross estate, and only if in determining three (3) years prior to the death of the decedent, or
the value of the estate of the prior decedent, no if the property was transferred to him by gift within
deduction was allowable under paragraph (5) in the same period prior to his death;
respect of the property or properties given in
exchange therefor. Where a deduction was allowed Forty percent (40%) of the value, if the prior
of any mortgage or other lien in determining the decedent died more than three (3) years but not
donor's tax, or the estate tax of the prior decedent, more than four (4) years prior to the death of the
which was paid in whole or in part prior to the decedent, or if the property was transferred to him
decedent's death, then the deduction allowable by gift within the same period prior to his death; and
under said Subsection shall be reduced by the Twenty percent (20%) of the value, if the prior
amount so paid. Such deduction allowable shall be decedent died more than four (4) years but not
reduced by an amount which bears the same ratio more than five (5) years prior to the death of the
to the amounts allowed as deductions under decedent, or if the property was transferred to him
paragraphs (2), (3), (4), and (6) of this Subsection as by gift within the same period prior to his death.
the amount otherwise deductible under said
paragraph (5) bears to the value of the decedent's These deductions shall be allowed only where a
estate. Where the property referred to consists of donor's tax, or estate tax imposed under this Title is
two or more items, the aggregate value of such finally determined and paid by or on behalf of such
items shall be used for the purpose of computing donor, or the estate of such prior decedent, as the
the deduction. case may be, and only in the amount finally
determined as the value of such property in
(6) Transfers for Public Use. — The amount of all determining the value of the gift, or the gross estate
bequests, legacies, devises or transfers to or for the of such prior decedent, and only to the extent that
use of the Government of the Republic of the the value of such property is included in that part of
Philippines or any political subdivision thereof, for the decedent's gross estate which at the time of his
exclusively public purposes. death is situated in the Philippines; and only if, in
(7) The Family Home. — An amount equivalent to determining the value of the net estate of the prior
the current fair market value of the decedent's decedent, no deduction is allowable under
family home: Provided, however, That if the said paragraph (2) of Subsection (B) of this Section, in
current fair market value exceeds Ten million pesos respect of the property or properties given in
(P10,000,000), the excess shall be subject to estate exchange therefore. Where a deduction was allowed
tax. of any mortgage or other lien in determining the
donor's tax, or the estate tax of the prior decedent,
(8) Amount Received by Heirs under Republic Act which was paid in whole or in part prior to the
No. 4917. — Any amount received by the heirs from decedent's death, then the deduction allowable
the decedent's employee as a consequence of the under said paragraph shall be reduced by the
death of the decedent-employee in accordance with amount so paid. Such deduction allowable shall be
Republic Act No. 4917: Provided, That such amount is reduced by an amount which bears the same ratio
included in the gross estate of the decedent. to the amounts allowed as deductions under
(as amended by RA No 10963) paragraphs (1) and (3) of this Subsection as the
(B) Deductions Allowed to Nonresident Estates. - In the amount otherwise deductible under paragraph (2)
case of a nonresident not a citizen of the Philippines, by bears to the value of that part of the decedent's
deducting from the value of that part of his gross estate gross estate which at the time of his death is
which at the time of his death is situated in the situated in the Philippines. Where the property
Philippines: referred to consists of two (2) or more items, the
aggregate value of such items shall be used for the
(1) Standard Deduction. - An amount equivalent to purpose of computing the deduction.
Five hundred thousand pesos (P500,000);(as
amended by RA No 10963) (4) Transfers for Public Use. - The amount of all
bequests, legacies, devises or transfers to or for the
(2) That proportion of the deductions specified in use of the Government of the Republic of the
paragraphs (2), (3), and (4) of Subsection (A) of this Philippines or any political subdivision thereof, for
Section which the value of such part bears to the exclusively public purposes.
value of his entire gross estate wherever situated;(as
amended by RA No 10963) (C) Share in the Conjugal Property. - The net share of the
surviving spouse in the conjugal partnership property as
(3) Property Previously Taxed. - An amount equal diminished by the obligations properly chargeable to
to the value specified below of any property forming such property shall, for the purpose of this Section, be
part of the gross estate situated in the Philippines of deducted from the net estate of the decedent.(as
any person who died within five (5) years prior to the amended by RA No 10963)
death of the decedent, or transferred to the
decedent by gift within five (5) years prior to his (D) Miscellaneous Provisions. - No deduction shall be
death, where such property can be identified as allowed in the case of a nonresident not a citizen of the
having been received by the decedent from the Philippines, unless the executor, administrator, or anyone
donor by gift, or from such prior decedent by gift, of the heirs, as the case may be, includes in the return
bequest, devise or inheritance, or which can be required to be filed under Section 90 the value at the
identified as having been acquired in exchange for time of his death of that part of the gross estate of the
property so received: nonresident not situated in the Philippines.
(D) Tax Credit for Estate Taxes paid to a Foreign (2) The deductions allowed from gross estate in
Country. - determining the estate as defined in Section 86; and
(1) In General. — The tax imposed by this Title shall (3) Such part of such information as may at the time
be credited with the amounts of any estate tax be ascertainable and such supplemental data as
imposed by the authority of a foreign country. may be necessary to establish the correct taxes.
(2) Limitations on Credit. — The amount of the Provided, however, That estate tax returns showing a
credit taken under this Section shall be subject to gross value exceeding Five million pesos
each of the following limitations: (P5,000,000) shall be supported with a statement
(a) The amount of the credit in respect to the tax duly certified to by a Certified Public Accountant
paid to any country shall not exceed the same containing the following:
proportion of the tax against which such credit is (as amended by RA No 10963)
taken, which the decedent's net estate situated (a) Itemized assets of the decedent with their
within such country taxable under this Title bears corresponding gross value at the time of his
to his entire net estate; and death, or in the case of a nonresident, not a
(b) The total amount of the credit shall not exceed citizen of the Philippines, of that part of his
the same proportion of the tax against which gross estate situated in the Philippines;
such credit is taken, which the decedent's net (b) Itemized deductions from gross estate
estate situated outside the Philippines taxable allowed in Section 86; and
under this Title bears to his entire net estate.
(c) The amount of tax due whether paid or still
(as amended by RA No 10963) due and outstanding.
SEC. 87 Exemption of Certain Acquisitions and (B) Time for Filing. - For the purpose of determining the
Transmissions. - The following shall not be taxed: estate tax provided for in Section 84 of this Code, the
(A) The merger of usufruct in the owner of the naked title; estate tax return required under the preceding
(B) The transmission or delivery of the inheritance or Subsection (A) shall be filed within one (1) year from the
legacy by the fiduciary heir or legatee to the decedent's death.(as amended by RA No 10963)
fideicommissary; A certified copy of the schedule of partition and the order
(C) The transmission from the first heir, legatee or donee of the court approving the same shall be furnished the
in favor of another beneficiary, in accordance with the Commissioner within thirty (30) days after the
desire of the predecessor; and promulgation of such order.
(D) All bequests, devises, legacies or transfers to social (C) Extension of Time. - The Commissioner shall have
welfare, cultural and charitable institutions, no part of the authority to grant, in meritorious cases, a reasonable
net income of which inures to the benefit of any extension not exceeding thirty (30) days for filing the
individual: Provided, however, That not more than thirty return.
percent (30%) of the said bequests, devises, legacies or (D) Place of Filing. - Except in cases where the
transfers shall be used by such institutions for Commissioner otherwise permits, the return required
administration purposes. under Subsection (A) shall be filed with an authorized
SEC. 88. Determination of the Value of the Estate. - agent bank, or Revenue District Officer, Collection Officer,
or duly authorized Treasurer of the city or municipality in
(A) Usufruct. - To determine the value of the right of which the decedent was domiciled at the time of his
usufruct, use or habitation, as well as that of annuity, death or if there be no legal residence in the Philippines,
there shall be taken into account the probable life of the with the Office of the Commissioner.
beneficiary in accordance with the latest Basic Standard
Mortality Table, to be approved by the Secretary of SEC. 91. Payment of Tax. -
Finance, upon recommendation of the Insurance (A) Time of Payment. - The estate tax imposed by
Commissioner. Section 84 shall be paid at the time the return is filed by
(B) Properties. - The estate shall be appraised at its fair the executor, administrator or the heirs.
market value as of the time of death. However, the (B) Extension of Time. - When the Commissioner finds
appraised value of real property as of the time of death that the payment on the due date of the estate tax or of
shall be, whichever is higher of - any part thereof would impose undue hardship upon the
(1) The fair market value as determined by the estate or any of the heirs, he may extend the time for
Commissioner; or payment of such tax or any part thereof not to exceed five
(5) years, in case the estate is settled through the courts,
(2) The fair market value as shown in the schedule of or two (2) years in case the estate is settled extrajudicially.
values fixed by the Provincial and City Assessors.
In such case, the amount in respect of which the
SEC. 89. Notice of Death to be Filed. - (as amended by extension is granted shall be paid on or before the date of
RA No 10963) the expiration of the period of the extension, and the
SEC. 90. Estate Tax Returns. - running of the Statute of Limitations for assessment as
provided in Section 203 of this Code shall be suspended
(A) Requirements. - In all cases of transfers subject to the for the period of any such extension.
tax imposed herein, or regardless of the gross value of the
estate, where the said estate consists of registered or Where the taxes are assessed by reason of negligence,
registrable property such as real property, motor vehicle, intentional disregard of rules and regulations, or fraud on
shares of stock or other similar property for which a the part of the taxpayer, no extension will be granted by
clearance from the Bureau of Internal Revenue is the Commissioner.
required as a condition precedent for the transfer of If an extension is granted, the Commissioner may require
ownership thereof in the name of the transferee, the the executor, or administrator, or beneficiary, as the case
executor, or the administrator, or any of the legal heirs, as may be, to furnish a bond in such amount, not exceeding
the case may be, shall file a return under oath in double the amount of the tax and with such sureties as
duplicate, setting forth:(as amended by RA No 10963) the Commissioner deems necessary, conditioned upon
(1) The value of the gross estate of the decedent at the payment of the said tax in accordance with the terms
the time of his death, or in case of a nonresident, not of the extension.
a citizen of the Philippines, of that part of his gross (C) Payment by Installment. — In case the available cash
estate situated in the Philippines; of the estate is insufficient to pay the total estate tax due,
payment by installment shall be allowed within two (2)
years from the statutory date for its payment without civil have the duty of furnishing the Commissioner, Regional
penalty and interest.(as amended by RA No 10963) Director, Revenue District Officer or Revenue Collection
(D) Liability for Payment. - The estate tax imposed by Officer of the place where he may have his principal
Section 84 shall be paid by the executor or administrator office, with copies of such documents and any
before delivery to any beneficiary of his distributive share information whatsoever which may facilitate the
of the estate. Such beneficiary shall to the extent of his collection of the aforementioned tax. Neither shall a
distributive share of the estate, be subsidiarily liable for debtor of the deceased pay his debts to the heirs, legatee,
the payment of such portion of the estate tax as his executor or administrator of his creditor, unless the
distributive share bears to the value of the total net certification of the Commissioner that the tax fixed in this
estate. Chapter had been paid is shown; but he may pay the
executor or judicial administrator without said
For the purpose of this Chapter, the term 'executor' or certification if the credit is included in the inventory of
'administrator' means the executor or administrator of the estate of the deceased.
the decedent, or if there is no executor or administrator
appointed, qualified, and acting within the Philippines, SEC. 96. Restitution of Tax Upon Satisfaction of
then any person in actual or constructive possession of Outstanding Obligations. - If after the payment of the
any property of the decedent. estate tax, new obligations of the decedent shall appear,
and the persons interested shall have satisfied them by
SEC. 92. Discharge of Executor or Administrator from order of the court, they shall have a right to the restitution
Personal Liability. - If the executor or administrator of the proportional part of the tax paid.
makes a written application to the Commissioner for
determination of the amount of the estate tax and SEC. 97. Payment of Tax Antecedent to the Transfer of
discharge from personal liability therefore, the Shares, Bonds or Rights. - There shall not be transferred
Commissioner (as soon as possible, and in any event to any new owner in the books of any corporation,
within one (1) year after the making of such application, or sociedad anonima, partnership, business, or industry
if the application is made before the return is filed, then organized or established in the Philippines any share,
within one (1) year after the return is filed, but not after obligation, bond or right by way of gift inter vivos or
the expiration of the period prescribed for the mortis causa, legacy or inheritance, unless a certification
assessment of the tax in Section 203 shall not notify the from the Commissioner that the taxes fixed in this Title
executor or administrator of the amount of the tax. The and due thereon have been paid is shown.
executor or administrator, upon payment of the amount If a bank has knowledge of the death of a person, who
of which he is notified, shall be discharged from personal maintained a bank deposit account alone, or jointly with
liability for any deficiency in the tax thereafter found to be another, it shall allow any withdrawal from the said
due and shall be entitled to a receipt or writing showing deposit account, subject to a final withholding tax of six
such discharge. percent (6%). For this purpose, all withdrawal slips shall
SEC. 93. Definition of Deficiency. - As used in this contain a statement to the effect that all of the joint
Chapter, the term 'deficiency' means: depositors are still living at the time of withdrawal by any
one of the joint depositors and such statement shall be
(a) The amount by which the tax imposed by this under oath by the said depositors.(as amended by RA
Chapter exceeds the amount shown as the tax by No 10963)
the executor, administrator or any of the heirs upon
his return; but the amounts so shown on the return
shall first be increased by the amounts previously
assessed (or collected without assessment) as a CHAPTER II DONOR'S TAX
deficiency and decreased by the amount previously
abated, refunded or otherwise repaid in respect of SEC. 98. Imposition of Tax. -
such tax; or (A) There shall be levied, assessed, collected and paid
(b) If no amount is shown as the tax by the executor, upon the transfer by any person, resident or nonresident,
administrator or any of the heirs upon his return, or of the property by gift, a tax, computed as provided in
if no return is made by the executor, administrator, Section 99.
or any heir, then the amount by which the tax (B) The tax shall apply whether the transfer is in trust or
exceeds the amounts previously assessed (or otherwise, whether the gift is direct or indirect, and
collected without assessment) as a deficiency; but whether the property is real or personal, tangible or
such amounts previously assessed or collected intangible.
without assessment shall first be decreased by the
SEC. 99. Rates of Tax Payable by Donor. -
amounts previously abated, refunded or otherwise
repaid in respect of such tax. (A) In General. — The tax for each calendar year shall be
six percent (6%) computed on the basis of the total gifts in
SEC. 94. Payment before Delivery by Executor or
excess of Two hundred fifty thousand pesos (P250,000)
Administrator. - No judge shall authorize the executor or
exempt gift made during the calendar year.
judicial administrator to deliver a distributive share to any
party interested in the estate unless a certification from (B) Any contribution in cash or in kind to any candidate,
the Commissioner that the estate tax has been paid is political party or coalition of parties for campaign
shown. purposes shall be governed by the Election Code, as
amended.
SEC. 95. Duties of Certain Officers and Debtors. -
Registers of Deeds shall not register in the Registry of (as amended by RA No 10963)
Property any document transferring real property or real SEC. 100. Transfer for Less Than Adequate and Full
rights therein or any chattel mortgage, by way of gifts Consideration. - Where property, other than real property
inter vivos or mortis causa, legacy or inheritance, unless a referred to in Section 24(D), is transferred for less than an
certification from the Commissioner that the tax fixed in adequate and full consideration in money or money's
this Title and actually due thereon had been paid is show, worth, then the amount by which the fair market value of
and they shall immediately notify the Commissioner, the property exceeded the value of the consideration
Regional Director, Revenue District Officer, or Revenue shall, for the purpose of the tax imposed by this Chapter,
Collection Officer or Treasurer of the city or municipality be deemed a gift, and shall be included in computing the
where their offices are located, of the nonpayment of the amount of gifts made during the calendar year: Provided,
tax discovered by them. Any lawyer, notary public, or any however, That a sale, exchange, or other transfer of
government officer who, by reason of his official duties, property made in the ordinary course of business (a
intervenes in the preparation or acknowledgment of transaction which is a bona fide, at arm's length, and free
documents regarding partition or disposal of donation from any donative intent), will be considered as made for
inter vivos or mortis causa, legacy or inheritance, shall
an adequate and full consideration in money or money's gift. In case of real property, the provisions of Section
worth.(as amended by RA No 10963) 88(B) shall apply to the valuation thereof.
SEC. 101. Exemption of Certain Gifts. - The following gifts SEC. 103. Filing of Return and Payment of Tax. -
or donations shall be exempt from the tax provided for in (A) Requirements. - any individual who makes any
this Chapter: transfer by gift (except those which, under Section 101, are
(A) In the Case of Gifts Made by a Resident. - exempt from the tax provided for in this Chapter) shall,
(1) Gifts made to or for the use of the National for the purpose of the said tax, make a return under oath
Government or any entity created by any of its in duplicate. The return shall set forth:
agencies which is not conducted for profit, or to any (1) Each gift made during the calendar year which is
political subdivision of the said Government; and to be included in computing net gifts;
(2) Gifts in favor of an educational and/or charitable, (2) The deductions claimed and allowable;
religious, cultural or social welfare corporation, (3) Any previous net gifts made during the same
institution, accredited non-government calendar year;
organization, trust or philanthropic organization or
research institution or organization: Provided, (4) The name of the donee; and
however, That not more than thirty percent (30%) of (5) Such further information as may be required by
said gifts shall be used by such donee for rules and regulations made pursuant to law.
administration purposes. For the purpose of this
exemption, a 'non-profit educational and/or (B) Time and Place of Filing and Payment - The return
charitable corporation, institution, accredited of the donor required in this Section shall be filed within
nongovernment organization, trust or thirty (30) days after the date the gift is made and the tax
philanthropic organization and/or research due thereon shall be paid at the time of filing. Except in
institution or organization' is a school, college or cases where the Commissioner otherwise permits, the
university and/or charitable corporation, accredited return shall be filed and the tax paid to an authorized
nongovernment organization, trust or philanthropic agent bank, the Revenue District Officer, Revenue
organization and/or research institution or Collection Officer or duly authorized Treasurer of the city
organization, incorporated as a nonstock entity, or municipality where the donor was domiciled at the
paying no dividends, governed by trustees who time of the transfer, or if there be no legal residence in
receive no compensation, and devoting all its the Philippines, with the Office of the Commissioner. In
income, whether students' fees or gifts, donation, the case of gifts made by a nonresident, the return may
subsidies or other forms of philanthropy, to the be filed with the Philippine Embassy or Consulate in the
accomplishment and promotion of the purposes country where he is domiciled at the time of the transfer,
enumerated in its Articles of Incorporation. or directly with the Office of the Commissioner.
(as amended by RA No 10963) SEC. 104. Definitions. - For purposes of this Title, the
terms 'gross estate' and 'gifts' include real and personal
(B) In the Case of Gifts Made by a Nonresident not a property, whether tangible or intangible, or mixed,
Citizen of the Philippines. - wherever situated: Provided, however, That where the
(1) Gifts made to or for the use of the National decedent or donor was a nonresident alien at the time of
Government or any entity created by any of its his death or donation, as the case may be, his real and
agencies which is not conducted for profit, or to any personal property so transferred but which are situated
political subdivision of the said Government. outside the Philippines shall not be included as part of his
'gross estate' or 'gross gift': Provided, further, That
(2) Gifts in favor of an educational and/or charitable, franchise which must be exercised in the Philippines;
religious, cultural or social welfare corporation, shares, obligations or bonds issued by any corporation or
institution, foundation, trust or philanthropic sociedad anonima organized or constituted in the
organization or research institution or Philippines in accordance with its laws; shares,
organization:Provided, however, That not more than obligations or bonds by any foreign corporation
thirty percent (30%) of said gifts shall be used by eighty-five percent (85%) of the business of which is
such donee for administration purposes. located in the Philippines; shares, obligations or bonds
(C) Tax Credit for Donor's Taxes Paid to a Foreign issued by any foreign corporation if such shares,
Country. - obligations or bonds have acquired a business situs in the
(1) In General. - The tax imposed by this Title upon Philippines; shares or rights in any partnership, business
a donor who was a citizen or a resident at the time or industry established in the Philippines, shall be
of donation shall be credited with the amount of any considered as situated in the Philippines: Provided, still
donor's tax of any character and description further, that no tax shall be collected under this Title in
imposed by the authority of a foreign country. respect of intangible personal property:
(2) Limitations on Credit. - The amount of the (a) if the decedent at the time of his death or the
credit taken under this Section shall be subject to donor at the time of the donation was a citizen and
each of the following limitations: resident of a foreign country which at the time of his
death or donation did not impose a transfer tax of
(a) The amount of the credit in respect to the any character, in respect of intangible personal
tax paid to any country shall not exceed the property of citizens of the Philippines not residing in
same proportion of the tax against which such that foreign country, or
credit is taken, which the net gifts situated
within such country taxable under this Title (b) if the laws of the foreign country of which the
bears to his entire net gifts; and decedent or donor was a citizen and resident at the
time of his death or donation allows a similar
(b) The total amount of the credit shall not exemption from transfer or death taxes of every
exceed the same proportion of the tax against character or description in respect of intangible
which such credit is taken, which the donor's personal property owned by citizens of the
net gifts situated outside the Philippines Philippines not residing in that foreign country.
taxable under this title bears to his entire net
gifts. The term 'deficiency' means:
SEC. 102. Valuation of Gifts Made in Property. - If the gift (a) the amount by which tax imposed by this
is made in property, the fair market value thereof at the Chapter exceeds the amount shown as the tax by
time of the gift shall be considered the amount of the the donor upon his return; but the amount so
shown on the return shall first be increased by the
amount previously assessed (or Collected without
assessment) as a deficiency, and decreased by the (d) The right or the privilege to use motion
amounts previously abated, refunded or otherwise picture films, tapes and discs; and
repaid in respect of such tax, or (e) Radio, television, satellite transmission
(b) if no amount is shown as the tax by the donor, and cable television time.
then the amount by which the tax exceeds the The term "gross selling price" means the
amounts previously assessed, (or collected without total amount of money or its equivalent
assessment) as a deficiency, but such amounts which the purchaser pays or is obligated
previously assessed, or collected without to pay to the seller in consideration of the
assessment, shall first be decreased by the amount sale, barter or exchange of the goods or
previously abated, refunded or otherwise repaid in properties, excluding the value-added tax.
respect of such tax. The excise tax, if any, on such goods or
properties shall form part of the gross
selling price.
(2) The following sales by VAT-registered
TITLE IV VALUE ADDED TAX persons shall be subject to zero percent (0%)
(As Last Amended by RA Nos. 8761,9010,9238,9337 & rate:
9361, 10963) (a) Export Sales. — The term 'export sales'
means:
(1) The sale and actual shipment of goods
Revenue Regulation Implementing the VAT from the Philippines to a foreign country,
Provisions of TRAIN Act irrespective of any shipping arrangement
that may be agreed upon which may
influence or determine the transfer of
CHAPTER I IMPOSITION OF TAX ownership of the goods so exported and
SEC. 105. Persons Liable. - Any person who, in the course paid for in acceptable foreign currency or its
of trade or business, sells barters, exchanges, leases goods equivalent in goods or services, and
or properties, renders services, and any person who accounted for in accordance with the rules
imports goods shall be subject to the value-added tax and regulations of the Bangko Sentral ng
(VAT) imposed in Sections 106 to 108 of this Code. Pilipinas (BSP);
The value-added tax is an indirect tax and the amount of (2) Sale and delivery of goods to:
tax may be shifted or passed on to the buyer, transferee (i) Registered enterprises within a
or lessee of the goods, properties or services. This rule separate customs territory as provided
shall likewise apply to existing contracts of sale or lease of under special laws; and
goods, properties or services at the time of the effectivity (ii) Registered enterprises within tourism
of Republic Act No. 7716. enterprise zones as declared by the
The phrase "in the course of trade or business" means Tourism Infrastructure and Enterprise
the regular conduct or pursuit of a commercial or an Zone Authority (TIEZA) subject to the
economic activity, including transactions incidental provisions under Republic Act No. 9593 or
thereto, by any person regardless of whether or not the The Tourism Act of 2009.
person engaged therein is a non-stock, nonprofit private (3) Sale of raw materials or packaging
organization (irrespective of the disposition of its net materials to a nonresident buyer for delivery
income and whether or not it sells exclusively to to a resident local export-oriented enterprise
members or their guests), or government entity. to be used in manufacturing, processing,
The rule of regularity, to the contrary notwithstanding, packing or repacking in the Philippines of
services as defined in this Code rendered in the the said buyer's goods and paid for in
Philippines by nonresident foreign persons shall be acceptable foreign currency and accounted
considered as being rendered in the course of trade or for in accordance with the rules and
business. regulations of the Bangko Sentral ng
SEC. 106. Value-Added Tax on Sale of Goods or Pilipinas (BSP);
Properties. - (4) Sale of raw materials or packaging
(A) Rate and Base of Tax. - There shall be levied, assessed materials to export-oriented enterprise
and collected on every sale, barter or exchange of goods whose export sales exceed seventy percent
or properties, a value-added tax equivalent to twelve (70%) of total annual production;
percent (12%) of the gross selling price or gross value in (5) Those considered export sales under
money of the goods or properties sold, bartered or Executive Order No. 226, otherwise known as
exchanged, such tax to be paid by the seller or the Omnibus Investment Code of 1987, and
transferor.(as amended by RA No 10963) other special laws; and
(1) "Goods or Properties." The term "goods" or (6) The sale of goods, supplies, equipment
"properties" shall mean all tangible and and fuel to persons engaged in international
intangible objects which are capable of shipping or international air transport
pecuniary estimation and shall include: operations: Provided, That the goods,
(a) Real properties held primarily for sale supplies, equipment and fuel shall be used
to customers or held for lease in the for international shipping or air transport
ordinary course of trade or business; operations.
(b) The right or the privilege to use patent, Provided, That subparagraphs (3), (4), and (5)
copyright, design or model, plan, secret hereof shall be subject to the twelve percent
formula or process, goodwill, trademark, (12%) value-added tax and no longer be
trade brand or other like property or right; considered export sales subject to zero percent
(0%) VAT rate upon satisfaction of the following
(c) The right or the privilege to use in the conditions:
Philippines of any industrial, commercial
or scientific equipment; (1) The successful establishment and
implementation of an enhanced VAT refund
system that grants refunds of creditable
input tax within ninety (90) days from the
filing of the VAT refund application with the determine the appropriate tax base in cases where a
Bureau: Provided, That, to determine the transaction is deemed a sale, barter or exchange of goods
effectivity of item no. 1, all applications filed or properties under Subsection (B) hereof, or where the
from January 1, 2018 shall be processed and gross selling price is unreasonably lower than the actual
must be decided within ninety (90) days market value.
from the filing of the VAT refund application; SEC. 107. Value-Added Tax on Importation of Goods. -
and
(A) In General. - There shall be levied, assessed and
(2) All pending VAT refund claims as of collected on every importation of goods a value-added
December 31, 2017 shall be fully paid in cash tax equivalent to twelve percent (12%) based on the total
by December 31, 2019. value used by the Bureau of Customs in determining tariff
Provided, That the Department of Finance shall and customs duties, plus customs duties, excise taxes, if
establish a VAT refund center in the Bureau of any, and other charges, such tax to be paid by the
Internal Revenue (BIR) and in the Bureau of importer prior to the release of such goods from customs
Customs (BOC) that will handle the processing custody: Provided, That where the customs duties are
and granting of cash refunds of creditable determined on the basis of the quantity or volume of the
input tax. goods, the value-added tax shall be based on the landed
An amount equivalent to five percent (5%) of cost plus excise taxes, if any.(as amended by RA No
the total VAT collection of the BIR and the BOC 10963)
from the immediately preceding year shall be (B) Transfer of Goods by Tax-exempt Persons. - In the
automatically appropriated annually and shall case of tax-free importation of goods into the Philippines
be treated as a special account in the General by persons, entities or agencies exempt from tax where
Fund or as trust receipts for the purpose of such goods are subsequently sold, transferred or
funding claims for VAT refund: Provided, That exchanged in the Philippines to non-exempt persons or
any unused fund, at the end of the year shall entities, the purchasers, transferees or recipients shall be
revert to the General Fund. considered the importers thereof, who shall be liable for
Provided, further, That the BIR and BOC shall any internal revenue tax on such importation. The tax due
be required to submit to the Congressional on such importation shall constitute a lien on the goods
Oversight Committee on the Comprehensive superior to all charges or liens on the goods, irrespective
Tax Reform Program (COCCTRP) a quarterly of the possessor thereof
report of all pending claims for refund and any
unused fund. SEC. 108. Value-added Tax on Sale of Services and Use
(b) Sales to persons or entities whose or Lease of Properties. -
exemption under special laws or international (A) Rate and Base of Tax. - There shall be levied, assessed
agreements to which the Philippines is a and collected, a value-added tax equivalent to twelve
signatory effectively subjects such sales to zero percent (12%) of gross receipts derived from the sale or
rate. exchange of services, including the use or lease of
(as amended by RA No 10963) properties.
(B) Transactions Deemed Sale. - The following The phrase 'sale or exchange of services' means the
transactions shall be deemed sale: performance of all kinds of services in the Philippines for
(1) Transfer, use or consumption not in the course of others for a fee, remuneration or consideration, including
business of goods or properties originally intended those performed or rendered by construction and service
for sale or for use in the course of business; contractors; stock, real estate, commercial, customs and
immigration brokers; lessors of property, whether
(2) Distribution or transfer to: personal or real; warehousing services; lessors or
(a) Shareholders or investors as share in the distributors of cinematographic films; persons engaged
profits of the VAT-registered persons; or in milling, processing, manufacturing or repacking goods
for others; proprietors, operators or keepers of hotels,
(b) Creditors in payment of debt; motels, resthouses, pension houses, inns, resorts;
(3) Consignment of goods if actual sale is not made proprietors or operators of restaurants, refreshment
within sixty (60) days following the date such goods parlors, cafes and other eating places, including clubs and
were consigned; and caterers; dealers in securities; lending investors;
transportation contractors on their transport of goods or
(4) Retirement from or cessation of business, with cargoes, including persons who transport goods or
respect to inventories of taxable goods existing as of cargoes for hire and other domestic common carriers by
such retirement or cessation. land relative to their transport of goods or cargoes;
(C) Changes in or Cessation of Status of a common carriers by air and sea relative to their transport
VAT-registered Person. - The tax imposed in Subsection of passengers, goods or cargoes from one place in the
(A) of this Section shall also apply to goods disposed of or Philippines to another place in the Philippines; sales of
existing as of a certain date if under circumstances to be electricity by generation companies, transmission by any
prescribed in rules and regulations to be promulgated by entity, and distribution companies, including electric
the Secretary of Finance, upon recommendation of the cooperatives; services of franchise grantees of electric
Commissioner, the status of a person as a VAT-registered utilities, telephone and telegraph, radio and television
person changes or is terminated. broadcasting and all other franchise grantees except
(D) Sales Returns, Allowances and Sales Discounts. - those under Section 119 of this Code and non-life
The value of goods or properties sold and subsequently insurance companies (except their crop insurances),
returned or for which allowances were granted by a including surety, fidelity, indemnity and bonding
VAT-registered person may be deducted from the gross companies; and similar services regardless of whether or
sales or receipts for the quarter in which a refund is made not the performance thereof calls for the exercise or use
or a credit memorandum or refund is issued. Sales of the physical or mental faculties. The phrase 'sale or
discount granted and indicated in the invoice at the time exchange of services' shall likewise include:
of sale and the grant of which does not depend upon the (1) The lease or the use of or the right or privilege to use
happening of a future event may be excluded from the any copyright, patent, design or model, plan, secret
gross sales within the same quarter it was given. formula or process, goodwill, trademark, trade brand or
(E) Authority of the Commissioner to Determine the other like property or right;
Appropriate Tax Base. - The Commissioner shall, by rules
and regulations prescribed by the Secretary of Finance,
(2) The lease or the use of, or the right to use of any other emerging energy sources using technologies such
industrial, commercial or scientific equipment; as fuel cells and hydrogen fuels.
(3) The supply of scientific, technical, industrial or (8) Services rendered to:
commercial knowledge or information; (i) Registered enterprises within a separate customs
(4) The supply of any assistance that is ancillary and territory as provided under special law; and
subsidiary to and is furnished as a means of enabling the (ii) Registered enterprises within tourism enterprise zones
application or enjoyment of any such property, or right as as declared by the TIEZA subject to the provisions under
is mentioned in subparagraph (2) or any such knowledge Republic Act No. 9593 or The Tourism Act of 2009.
or information as is mentioned in subparagraph (3);
Provided, That subparagraphs (B)(1) and (B)(5) hereof shall
(5) The supply of services by a nonresident person or his be subject to the twelve percent (12%) value-added tax
employee in connection with the use of property or rights and no longer be subject to zero percent (0%) VAT rate
belonging to, or the installation or operation of any brand, upon satisfaction of the following conditions:
machinery or other apparatus purchased from such
nonresident person; (1) The successful establishment and implementation of
an enhanced VAT refund system that grants refunds of
(6) The supply of technical advice, assistance or services creditable input tax within ninety (90) days from the filing
rendered in connection with technical management or of the VAT refund application with the Bureau: Provided,
administration of any scientific, industrial or commercial That, to determine the effectivity of item no. 1, all
undertaking, venture, project or scheme; applications filed from January 1, 2018 shall be processed
(7) The lease of motion picture films, films, tapes and and must be decided within ninety (90) days from the
discs; and filing of the VAT refund application; and
(8) The lease or the use of or the right to use radio, (2) All Pending VAT refund claims as of December 31, 2017
television, satellite transmission and cable television time. shall be fully paid in cash by December 31, 2019.
Lease of properties shall be subject to the tax herein Provided, That the Department of Finance shall establish
imposed irrespective of the place where the contract of a VAT refund center in the Bureau of Internal Revenue
lease or licensing agreement was executed if the property (BIR) and in the Bureau of Customs (BOC) that will handle
is leased or used in the Philippines. the processing and granting of cash refunds of creditable
The term 'gross receipts' means the total amount of input tax.
money or its equivalent representing the contract price, An amount equivalent to five percent (5%) of the total
compensation, service fee, rental or royalty, including the value-added tax collection of the BIR and the BOC from
amount charged for materials supplied with the services the immediately preceding year shall be automatically
and deposits and advanced payments actually or appropriated annually and shall be treated as a special
constructively received during the taxable quarter for the account in the General Fund or as trust receipts for the
services performed or to be performed for another purpose of funding claims for VAT Refund: Provided, That
person, excluding value-added tax. any unused fund, at the end of the year shall revert to the
(B) Transactions Subject to Zero Percent (0%) Rate. — General Fund.
The following services performed in the Philippines by Provided, further, That the BIR and the BOC shall be
VAT-registered persons shall be subject to zero percent required to submit to the COCCTRP a quarterly report of
(0%) rate: all pending claims for refund and any unused fund.
(1) Processing, manufacturing or repacking goods for (as amended by RA No 10963)
other persons doing business outside the Philippines SEC. 109. Exempt Transactions. - [54]
which goods are subsequently exported, where the
services are paid for in acceptable foreign currency and (1) Subject to the provisions of Subsection (2) hereof, the
accounted for in accordance with the rules and following transactions shall be exempt from the
regulations of the Bangko Sentral ng Pilipinas (BSP); value-added tax.
(2) Services other than those mentioned in the preceding (A) Sale or importation of agricultural and marine
paragraph, rendered to a person engaged in business food products in their original state, livestock and
conducted outside the Philippines or to a nonresident poultry of a kind generally used as, or yielding or
person not engaged in business who is outside the producing foods for human consumption; and
Philippines when the services are performed, the breeding stock and genetic materials therefor.
consideration for which is paid for in acceptable foreign Products classified under this paragraph shall be
currency and accounted for in accordance with the rules considered in their original state even if they have
and regulations of the Bangko Sentral ng Pilipinas (BSP); undergone the simple processes of preparation or
(3) Services rendered to persons or entities whose preservation for the market, such as freezing, drying,
exemption under special laws or international salting, broiling, roasting, smoking or stripping.
agreements to which the Philippines is a signatory Polished and/or husked rice, corn grits, raw sugar or
effectively subjects the supply of such services to zero raw cane sugar and molasses, ordinary salt and
percent (0%) rate; copra shall be considered in their original state;
(4) Services rendered to persons engaged in international For this purpose, notwithstanding the process/es
shipping or international air transport operations, involved in its production, 'raw sugar or raw cane
including leases of property for use thereof: Provided, sugar' means sugar whose content of sucrose by
That these services shall be exclusively for international weight, in the dry state, corresponds to a
shipping or air transport operations; polarimeter reading of less than 99.5 degrees. (as
amended by Republic Act No. 10864, [June 10, 2016])
(5) Services performed by subcontractors and/or 55]
contractors in processing, converting, or manufacturing
goods for an enterprise whose export sales exceed (B) Sale or importation of fertilizers; seeds, seedlings
seventy percent (70%) of total annual production; and fingerlings; fish, prawn, livestock and poultry
feeds, including ingredients, whether locally
(6) Transport of passengers and cargo by domestic air or produced or imported, used in the manufacture of
sea vessels from the Philippines to a foreign country; and finished feeds (except specialty feeds for race horses,
(7) Sale of power or fuel generated through renewable fighting cocks, aquarium fish, zoo animals and other
sources of energy such as, but not limited to, biomass, animals generally considered as pets);
solar, wind, hydropower, geothermal, ocean energy, and (C) Importation of professional instruments and
implements, tools of trade, occupation or
employment, wearing apparel, domestic animals, and below, house and lot, and other residential
and personal and household effects belonging to dwellings valued at Two million five hundred
persons coming to settle in the Philippines or thousand pesos (P2,500,000) and below: Provided,
Filipinos or their families and descendants who are That beginning January 1, 2021, the VAT exemption
now residents or citizens of other countries, such shall only apply to sale of real properties not
parties hereinafter referred to as overseas Filipinos, primarily held for sale to customers or held for lease
in quantities and of the class suitable to the in the ordinary course of trade or business, sale of
profession, rank or position of the persons importing real property utilized for socialized housing as
said items, for their own use and not for barter or defined by Republic Act No. 7279, sale of house and
sale, accompanying such persons, or arriving within lot, and other residential dwellings with selling price
a reasonable time: Provided, That the Bureau of of not more than Two million pesos (P2,000,000):
Customs may, upon the production of satisfactory Provided, further, That every three (3) years
evidence that such persons are actually coming to thereafter, the amount herein stated shall be
settle in the Philippines and that the goods are adjusted to its present value using the Consumer
brought from their former place of abode, exempt Price Index, as published by the Philippine Statistics
such goods from payment of duties and taxes: Authority (PSA);
Provided, further, That vehicles, vessels, aircrafts, (Q) Lease of a residential unit with a monthly rental
machineries and other similar goods for use in not exceeding Fifteen thousand pesos (P15,000);
manufacture, shall not fall within this classification
and shall therefore be subject to duties, taxes and (R) Sale, importation, printing or publication of
other charges; books and any newspaper, magazine, review or
bulletin which appears at regular intervals with fixed
(E) Services subject to percentage tax under Title V; prices or subscription and sale and which is not
(F) Services by agricultural contract growers and devoted principally to the publication of paid
milling for others of palay into rice, corn into grits advertisements;
and sugar cane into raw sugar; (S) Transport of passengers by international carriers;
(G) Medical, dental, hospital and veterinary services (T) Sale, importation or lease of passenger or cargo
except those rendered by professionals; vessels and aircraft, including engine, equipment
(H) Educational services rendered by private and spare parts thereof for domestic or international
educational institutions, duly accredited by the transport operations;
Department of Education (DepEd), the Commission (U) Importation of fuel, goods and supplies by
on Higher Education (CHED), the Technical persons engaged in international shipping or air
Education and Skills Development Authority transport operations: Provided, That the fuel, goods,
(TESDA) and those rendered by government and supplies shall be used for international shipping
educational institutions; or air transport operations;
(I) Services rendered by individuals pursuant to an (V) Services of bank, non-bank financial
employer-employee relationship; intermediaries performing quasi-banking functions,
(J) Services rendered by regional or area and other non-bank financial intermediaries;
headquarters established in the Philippines by (W) Sale or lease of goods and services to senior
multinational corporations which act as supervisory, citizens and persons with disability, as provided
communications and coordinating centers for their under Republic Act Nos. 9994 (Expanded Senior
affiliates, subsidiaries or branches in the Asia-Pacific Citizens Act of 2010) and 10754 (An Act Expanding
Region and do not earn or derive income from the the Benefits and Privileges of Persons with
Philippines; Disability), respectively;
(K) Transactions which are exempt under (X) Transfer of property pursuant to Section 40(C)(2)
international agreements to which the Philippines is of the NIRC, as amended;
a signatory or under special laws, except those
under Presidential Decree No. 529; (Y) Association dues, membership fees, and other
assessments and charges collected by homeowners
(L) Sales by agricultural cooperatives duly registered associations and condominium corporations;
with the Cooperative Development Authority to
their members as well as sale of their produce, (Z) Sale of gold to the Bangko Sentral ng Pilipinas
whether in its original state or processed form, to (BSP);
non-members; their importation of direct farm (AA) Sale of drugs and medicines prescribed for
inputs, machineries and equipment, including spare diabetes, high cholesterol, and hypertension
parts thereof, to be used directly and exclusively in beginning January 1, 2019; and
the production and/or processing of their produce;
(BB) Sale or lease of goods or properties or the
(M) Gross receipts from lending activities by credit or performance of services other than the transactions
multi-purpose cooperatives duly registered with the mentioned in the preceding paragraphs, the gross
Cooperative Development Authority; annual sales and/or receipts do not exceed the
(N) Sales by non-agricultural, non-electric and amount of Three million pesos (P3,000,000).
non-credit cooperatives duly registered with the (as amended by RA No 10963)
Cooperative Development Authority: Provided, That
the share capital contribution of each member does (2) A VAT-registered person may elect that Subsection (1)
not exceed Fifteen thousand pesos (P15,000) and not apply to its sale of goods or properties or services:
regardless of the aggregate capital and net surplus Provided, that an election made under this subsection
ratably distributed among the members; shall be irrevocable for a period of three (3) years from the
quarter the election was made. [64]
(O) Export sales by persons who are not
VAT-registered; SEC. 110. Tax Credits. -
(P) Sale of real properties not primarily held for sale A. Creditable Input Tax. -
to customers or held for lease in the ordinary course (1) Any input tax evidenced by a VAT invoice or
of trade or business or real property utilized for official receipt issued in accordance with Section 113
low-cost and socialized housing as defined by hereof on the following transactions shall be
Republic Act No. 7279, otherwise known as the creditable against the output tax:
Urban Development and Housing Act of 1992, and
other related laws, residential lot valued at One (a) Purchase or importation of goods:
million five hundred thousand pesos (P1,500,000)
(i) For sale; or option be refunded or credited against other internal
(ii) For conversion into or intended to form revenue taxes, subject to the provisions of Section 112.
part of a finished product for sale (C) Determination of Creditable Input Tax. - The sum of
including packaging materials; or the excess input tax carried over from the preceding
(iii) For use as supplies in the course of month or quarter and the input tax creditable to a
business; or VAT-registered person during the taxable month or
quarter shall be reduced by the amount of claim for
(iv) For use as materials supplied in the refund or tax credit for value-added tax and other
sale of service; or adjustments, such as purchase returns or allowances and
(v) For use in trade or business for which input tax attributable to exempt sale.
deduction for depreciation or amortization The claim for tax credit referred to in the foregoing
is allowed under this Code. [65] paragraph shall include not only those filed with the
(b) Purchase of services on which a Bureau of Internal Revenue but also those filed with
value-added tax has been actually paid. other government agencies, such as the Board of
Investments and the Bureau of Customs.
(2) The input tax on domestic purchase or
importation of goods or properties by a SEC. 111. Transitional/Presumptive Input Tax Credits. -
VAT-registered person [66] shall be creditable: (A) Transitional Input Tax Credits. - A person who
(a) To the purchaser upon consummation of becomes liable to value-added tax or any person who
sale and on importation of goods or properties; elects to be a VAT-registered person shall, subject to the
and filing of an inventory according to rules and regulations
prescribed by the Secretary of finance, upon
(b) To the importer upon payment of the recommendation of the Commissioner, be allowed input
value-added tax prior to the release of the tax on his beginning inventory of goods, materials and
goods from the custody of the Bureau of supplies equivalent to two percent (2%) [70] of the value of
Customs. such inventory or the actual value-added tax paid on such
Provided, That the input tax on goods purchased or goods, materials and supplies, whichever is higher, which
imported in a calendar month for use in trade or shall be creditable against the output tax.
business for which deduction for depreciation is (B) Presumptive Input Tax Credits. - Persons or firms
allowed under this Code shall be spread evenly over engaged in the processing of sardines, mackerel and
the month of acquisition and the fifty-nine (59) milk, and in manufacturing refined sugar and cooking oil,
succeeding months if the aggregate acquisition cost shall be allowed a presumptive input tax, creditable
for such goods, excluding the VAT component against the output tax, equivalent to four percent (4%) [71]
thereof, exceeds One million pesos (P1,000,000): of the gross value in money of their purchases of primary
Provided, however, That if the estimated useful life of agricultural products which are used as inputs to their
the capital good is less than five (5) years, as used for production.
depreciation purposes, then the input VAT shall be
spread over such a shorter period: Provided, further, As used in this Subsection, the term 'processing' shall
That the amortization of the input VAT shall only be mean pasteurization, canning and activities which
allowed until December 31, 2021 after which through physical or chemical process alter the exterior
taxpayers with unutilized input VAT on capital goods texture or form or inner substance of a product in such
purchased or imported shall be allowed to apply the manner as to prepare it for special use to which it could
same as scheduled until fully utilized: Provided, not have been put in its original form or condition.
finally, That in the case of purchase of services, lease SEC. 112. Refunds or Tax Credits of Input Tax. -
or use of properties, the input tax shall be creditable
to the purchaser, lessee or licensee upon payment of (A) Zero-rated or Effectively Zero-rated Sales. - Any
the compensation, rental, royalty or fee.(as VAT-registered person, whose sales are zero-rated or
amended by RA No 10963) effectively zero-rated may, within two (2) years after the
close of the taxable quarter when the sales were made,
(3) A VAT-registered person who is also engaged in apply for the issuance of a tax credit certificate or refund
transactions not subject to the value-added tax shall of creditable input tax due or paid attributable to such
be allowed tax credit as follows: sales, except transitional input tax, to the extent that such
(a) Total input tax which can be directly input tax has not been applied against output tax:
attributed to transactions subject to Provided, however, That in the case of zero-rated sales
value-added tax; and [68] under Section 106(A)(2)(a)(1), (2) and (b) and Section 108
(B)(1) and (2), the acceptable foreign currency exchange
(b) A ratable portion of any input tax which proceeds thereof had been duly accounted for in
cannot be directly attributed to either activity. accordance with the rules and regulations of the Bangko
The term "input tax" means the value-added tax Sentral ng Pilipinas (BSP): Provided, further, That where
due from or paid by a VAT-registered person in the the taxpayer is engaged in zero-rated or effectively
course of his trade or business on importation of zero-rated sale and also in taxable or exempt sale of
goods or local purchase of goods or services, goods of properties or services, and the amount of
including lease or use of property, from a creditable input tax due or paid cannot be directly and
VAT-registered person. It shall also include the entirely attributed to any one of the transactions, it shall
transitional input tax determined in accordance with be allocated proportionately on the basis of the volume of
Section 111 of this Code. sales. Provided, finally, That for a person making sales that
are zero-rated under Section 108(B) (6), the input taxes
The term "output tax" means the value-added tax shall be allocated ratably between his zero-rated and
due on the sale or lease of taxable goods or non-zero-rated sales. [72]
properties or services by any person registered or
required to register under Section 236 of this Code. (B) Cancellation of VAT Registration. - A person whose
[69] registration has been cancelled due to retirement from or
(B) Excess Output or Input Tax. - If at the end of any cessation of business, or due to changes in or cessation of
taxable quarter the output tax exceeds the input tax, the status under Section 106(C) of this Code may, within two
excess shall be paid by the Vat-registered person. If the (2) years from the date of cancellation, apply for the
input tax exceeds the output tax, the excess shall be issuance of a tax credit certificate for any unused input
carried over to the succeeding quarter or quarters. tax which may be used in payment of his other internal
Provided, however, That any input tax attributable to revenue taxes.
zero-rated sales by a VAT-registered person may at his
(C) Period within which Refund or Tax Credit of Input (3) The date of transaction, quantity, unit cost and
Taxes shall be Made. - In proper cases, the Commissioner description of the goods or properties or nature of
shall grant a refund for creditable input taxes within the service; and
ninety (90) days from the date of submission of the (4) In the case of sales in the amount of One
official receipts or invoices and other documents in thousand pesos (P1,000) or more where the sale or
support of the application filed in accordance with transfer is made to a VAT-registered person, the
Subsections (A) and (B) hereof: Provided, That should the name, business style, if any, address and Taxpayer
Commissioner find that the grant of refund is not proper, Identification Number (TIN) of the purchaser,
the Commissioner must state in writing the legal and customer or client. [75]
factual basis for the denial.
(C) Accounting Requirements. - Notwithstanding the
In case of full or partial denial of the claim for tax refund, provisions of Section 233, all persons subject to the
the taxpayer affected may, within thirty (30) days from value-added tax under Sections 106 and 108 shall, in
the receipt of the decision denying the claim, appeal the addition to the regular accounting records required,
decision with the Court of Tax Appeals: Provided, maintain a subsidiary sales journal and subsidiary
however, That failure on the part of any official, agent, or purchase journal on which the daily sales and purchases
employee of the BIR to act on the application within the are recorded. The subsidiary journals shall contain such
ninety (90)-day period shall be punishable under Section information as may be required by the Secretary of
269 of this Code. Finance.
(as amended by RA No 10963) (D) Consequence of Issuing Erroneous VAT Invoice or
(D) Manner of Giving Refund. - Refunds shall be made VAT Official Receipt. -
upon warrants drawn by the Commissioner or by his duly (1) If a person who is not a VAT-registered persons
authorized representative without the necessity of being issues an invoice or receipt showing his Taxpayer
countersigned by the Chairman, Commission on audit, Identification Number (TIN), followed by the word
the provisions of the Administrative Code of 1987 to the "VAT";
contrary notwithstanding: Provided, That refunds under
this paragraph shall be subject to post audit by the (a) The issuer shall, in addition to any liability to
Commission on Audit. other percentage taxes, be liable to:
(i) The tax imposed in Section 106 or 108
without the benefit of any input tax credit;
and
CHAPTER II COMPLIANCE REQUIREMENTS
(ii) A 50% surcharge under Section 248(B)
SEC. 113. Invoicing and Accounting Requirements for of this Code; [76]
VAT-Registered Persons. -
(b) The VAT shall, if the other requisite
(A) Invoicing Requirements. - A VAT-registered person information required under Subsection (B)
shall issue: hereof is shown on the invoice or receipt, be
(1) A VAT invoice for every sale, barter or exchange of recognized as an input tax credit to the
goods or properties; and purchaser under Section 110 of this Code.
(2) A VAT official receipt for every lease of goods or (2) If a VAT-registered person issues a VAT invoice or
properties, and for every sale, barter or exchange of VAT official receipt for a VAT-exempt transaction, but
services. [74] fails to display prominently on the invoice or receipt
the term 'VAT exempt sale', the issuer shall be liable
(B) Information Contained in the VAT Invoice or VAT to account for the tax imposed in section 106 or 108
Official Receipt. - The following information shall be as if Section 109 did not apply. [77]
indicated in the VAT invoice or VAT official receipt:
(E) Transitional Period. - Notwithstanding Subsection (B)
(1) A statement that the seller is a VAT-registered hereof, taxpayers may continue to issue VAT invoices and
person, followed by his Taxpayer's Identification VAT official receipt for the period July 1, 2005 to
Number (TIN); and December 31, 2005 in accordance with Bureau of Internal
(2) The total amount which the purchaser pays or is Revenue administrative practices that existed as of
obligated to pay to the seller with the indication that December 31, 2004.
such amount includes the value-added tax. SEC. 114. Return and Payment of Value-Added Tax. -
Provided, That:
(A) In General. - Every person liable to pay the
(a) The amount of the tax shall be known as a value-added tax imposed under this Title shall file a
separate item in the invoice or receipt; quarterly return of the amount of his gross sales or
(b) If the sale is exempt from value-added tax, receipts within twenty-five (25) days following the close of
the term "VAT-exempt sale: shall be written or each taxable quarter prescribed for each taxpayer:
printed prominently on the invoice or receipt; Provided, however, That VAT-registered persons shall pay
the value-added tax on a monthly basis: Provided, finally,
(c) If the sale is subject to zero percent (0%)
That beginning January 1, 2023, the filing and payment
value-added tax, the term "zero-rated sale" shall
required under this Subsection shall be done within
be written or printed prominently on the
twenty-five (25) days following the close of each taxable
invoice or receipt.
quarter.(as amended by RA No 10963)
(d) If the sale involved goods, properties or
Any person, whose registration has been cancelled in
services some of which are subject to and some
accordance with Section 236, shall file a return and pay
of which are VAT zero-rated or Vat exempt, the
the tax due thereon within twenty-five (25) days from the
invoice or receipt shall clearly indicate the
date of cancellation of registration: Provided, That only
break-down of the sale price between its
one consolidated return shall be filed by the taxpayer for
taxable, exempt and zero-rated components,
his principal place of business or head office and all
and the calculation of the value-added tax on
branches.
each portion of the sale shall be known on the
invoice or receipt: Provided, That the seller may (B) Where to File the Return and Pay the Tax. - Except
issue separate invoices or receipts for the as the Commissioner otherwise permits, the return shall
taxable, exempt, and zero-rated components of be filed with and the tax paid to an authorized agent
the sale. bank, Revenue Collection Officer or duly authorized city
or municipal Treasurer in the Philippines located within
the revenue district where the taxpayer is registered or the local taxes imposed under Republic Act No. 7160,
required to register. otherwise known as the Local Government Code of 1991.
(C) Withholding of Value-added Tax. - The Government In computing the percentage tax provided in this Section,
or any of its political subdivisions, instrumentalities or the following shall be considered the minimum quarterly
agencies, including government-owned or -controlled gross receipts in each particular case:
corporations (GOCCs) shall, before making payment on
account of each purchase of goods and services which Jeepney for hire -
are subject to the value-added tax imposed in Sections 1. Manila and other Cities P 2,400
106 and 108 of this Code, deduct and withhold a final 2. Provincial 1,200
value-added tax at the rate of five percent (5%) of the Public utility bus -
gross payment thereof: Provided, That beginning January Not exceeding 30 passengers P 3,600
1, 2021, the VAT withholding system under this Subsection Exceeding 30 but not exceeding 50
shall shift from final to a creditable system: Provided, passengers 6,000
further, That the payment for lease or use of properties or Exceeding 50 passengers 7,200
property rights to nonresident owners shall be subject to Taxis -
twelve percent (12%) withholding tax at the time of 1. Manila and other Cities P 3,600
payment: Provided, finally, That payments for purchases 2. Provincial 2,400
of goods and services arising from projects funded by Car for hire (with chauffer) P 3,000
Official Development Assistance (ODA) as defined under Car for hire (without chauffer) 1,800
Republic Act No. 8182, otherwise known as the 'Official
Development Assistance Act of 1996,' as amended, shall SEC. 118 Percentage Tax on International Carriers. - [82]
not be subject to the final withholding tax system as (A) International air carriers doing; business in the
imposed in this Subsection. For purposes of this Section, Philippines on their gross receipts derived from transport
the payor or person in control of the payment shall be of cargo from the Philippines to another country shall pay
considered as the withholding agent.(as amended by RA a tax of three percent (3%) of their quarterly gross
No 10963) receipts.
SEC. 115. Power of the Commissioner to Suspend the (B) International shipping carriers doing business in the
Business Operations of a Taxpayer. - The Commissioner Philippines on their gross receipts derived from transport
or his authorized representative is hereby empowered to of cargo from the Philippines to another country shall pay
suspend the business operations and temporarily close a tax equivalent to three percent (3%) of their quarterly
the business establishment of any person for any of the gross receipts.
following violations: SEC. 119. Tax on Franchises. - Any provision of general or
(a) In the case of a VAT-registered Person. - special law to the contrary notwithstanding, there shall
(1) Failure to issue receipts or invoices; be levied, assessed and collected in respect to all
franchises on radio and/or television broadcasting
(2) Failure to file a value-added tax return as companies whose annual gross receipts of the preceding
required under Section 114; or year do not exceed Ten million pesos (P10,000.00), subject
(3) Understatement of taxable sales or receipts to Section 236 of this Code, a tax of three percent (3%) and
by thirty percent (30%) or more of his correct on gas and water utilities, a tax of two percent (2%) on the
taxable sales or receipts for the taxable quarter. gross receipts derived from the business covered by the
law granting the franchise: Provided, however, That radio
(b) Failure of any Person to Register as Required and television broadcasting companies referred to in this
under Section 236. Section shall have an option to be registered as a
The temporary closure of the establishment shall be value-added taxpayer and pay the tax due thereon:
for the duration of not less than five (5) days and Provided, further, That once the option is exercised, said
shall be lifted only upon compliance with whatever option shall not be irrevocable. [83]
requirements prescribed by the Commissioner in The grantee shall file the return with, and pay the tax due
the closure order. thereon to the Commissioner or his duly authorized
representative, in accordance with the provisions of
Section 128 of this Code, and the return shall be subject to
audit by the Bureau of Internal Revenue, any provision of
TITLE V OTHER PERCENTAGE TAXES any existing law to the contrary notwithstanding.
(As Last Amended by RA Nos. 8761, 9010, 9238, 9337 & SEC. 120. Tax on Overseas Dispatch, Message or
10001, 10963) [80] Conversation Originating from the Philippines. -
SEC. 116. Tax on Persons Exempt from Value-Added Tax (A) Persons Liable. - There shall be collected upon every
(VAT). - Any person whose sales or receipts are exempt overseas dispatch, message or conversation transmitted
under Section 109 (BB) of this Code from the payment of from the Philippines by telephone, telegraph, telewriter
value-added tax and who is not a VAT-registered person exchange, wireless and other communication equipment
shall pay a tax equivalent to three percent (3%) of his service, a tax of ten percent (10%) on the amount paid for
gross quarterly sales or receipts: Provided, That such services. The tax imposed in this Section shall be
cooperatives, and beginning January 1, 2019, payable by the person paying for the services rendered
self-employed and professionals with total annual gross and shall be paid to the person rendering the services
sales and/or gross receipts not exceeding Five hundred who is required to collect and pay the tax within twenty
thousand pesos (P500,000) shall be exempt from the (20) days after the end of each quarter.
three percent (3%) gross receipts tax herein imposed(as (B) Exemptions. - The tax imposed by this Section shall
amended by RA No 10963) not apply to:
SEC. 117. Percentage Tax on Domestic Carriers and (1) Government. - Amounts paid for messages
Keepers of Garages. - Cars for rent or hire driven by the transmitted by the Government of the Republic of
lessee, transportation contractors, including persons who the Philippines or any of its political subdivisions or
transport passengers for hire, and other domestic carriers instrumentalities;
by land, [81] for the transport of passengers [except owners
of bancas] and owners of animal-drawn two wheeled (2) Diplomatic Services. - Amounts paid for
vehicle), and keepers of garages shall pay a tax equivalent messages transmitted by any embassy and consular
to three percent (3%) of their quarterly gross receipts. offices of a foreign government;
The gross receipts of common carriers derived from their (3) International Organizations. - Amounts paid for
incoming and outgoing freight shall not be subjected to messages transmitted by a public international
organization or any of its agencies based in the for purposes of classifying the transaction and the correct
Philippines enjoying privileges, exemptions and rate of tax shall be applied accordingly.
immunities which the Government of the Provided, finally, That the generally accepted accounting
Philippines is committed to recognize pursuant to principles as may be prescribed by the Securities and
an international agreement; and Exchange Commission for other non-bank financial
(4) News Services. - Amounts paid for messages intermediaries shall likewise be the basis for the
from any newspaper, press association, radio or calculation of gross receipts. [86]
television newspaper, broadcasting agency, or Nothing in this Code shall preclude the Commissioner
newstickers services, to any other newspaper, press from imposing the same tax herein provided on persons
association, radio or television newspaper performing similar financing activities.
broadcasting agency, or newsticker service or to a
bona fide correspondent, which messages deal SEC. 123. Tax on Life Insurance Premiums. - There shall
exclusively with the collection of news items for, or be collected from every person, company or corporation
the dissemination of news item through, public (except purely cooperative companies or associations)
press, radio or television broadcasting or a doing life insurance business of any sort in the Philippines
newsticker service furnishing a general news service a tax of two percent (2%) [87] of the total premium
similar to that of the public press. collected, whether such premiums are paid in money,
notes, credits or any substitute for money; but premiums
SEC. 121. Tax on Banks and Non-Bank Financial refunded within six (6) months after payment on account
Intermediaries Performing Quasi- Banking Functions.- of rejection of risk or returned for other reason to a person
There shall be collected a tax on a gross receipt derived insured shall not be included in the taxable receipts; nor
from sources within the Philippines by all banks and shall any tax be paid upon reinsurance by a company that
non-bank financial intermediaries in accordance with the has already paid the tax; nor upon doing business outside
following schedule: the Philippines on account of any life insurance of the
insured who is a nonresident, if any tax on such premium
(a) On interest, commissions and discounts from is imposed by the foreign country where the branch is
lending activities as well as income from financial established nor upon premiums collected or received on
leasing, on the basis of remaining maturities of account of any reinsurance , if the insured, in case of
instruments from which such receipts are personal insurance, resides outside the Philippines, if any
derived: tax on such premiums is imposed by the foreign country
Maturity period is five years or less 5% where the original insurance has been issued or
perfected; nor upon that portion of the premiums
Maturity period is more than five years 1% collected or received by the insurance companies on
variable contracts (as defined in Section 232(2) of
(b) On dividends and equity shares and net 0% Presidential Decree No. 612), in excess of the amounts
income of subsidiaries necessary to insure the lives of the variable contract
workers.
(c) On royalties, rentals of property, real or 7%
personal, profits, from exchange and all other 'Cooperative companies or associations' are such as are
items treated as gross income under Section 32 of conducted by the members thereof with the money
this Code collected from among themselves and solely for their
own protection and not for profit.
(d) On net trading gains within the taxable year 7% SEC. 124. Tax on Agents of Foreign Insurance
on foreign currency, debt securities, derivatives, Companies. - Every fire, marine or miscellaneous
and other similar financial instruments. insurance agent authorized under the Insurance Code to
Provided, however, That in case the maturity period procure policies of insurance as he may have previously
referred to in paragraph (a) is shortened thru been legally authorized to transact on risks located in the
pre-termination, then the maturity period shall be Philippines for companies not authorized to transact
reckoned to end as of the date of pre-termination for business in the Philippines shall pay a tax equal to twice
purposes of classifying the transaction and the correct the tax imposed in Section 123: Provided, That the
rate of tax shall be applied accordingly. provision of this Section shall not apply to reinsurance:
Provided, however, That the provisions of this Section
Provided, finally, That the generally accepted accounting shall not affect the right of an owner of property to apply
principles as may be prescribed by the Bangko Sentral ng for and obtain for himself policies in foreign companies in
Pilipinas for the bank or non-bank financial intermediary cases where said owner does not make use of the
performing quasi-banking functions shall likewise be the services of any agent, company or corporation residing or
basis for the calculation of gross receipts. [84] doing business in the Philippines. In all cases where
Nothing in this Code shall preclude the Commissioner owners of property obtain insurance directly with foreign
from imposing the same tax herein provided on persons companies, it shall be the duty of said owners to report to
performing similar banking activities. the Insurance Commissioner and to the Commissioner
each case where insurance has been so effected, and
SEC. 122. Tax on Other Non-Bank Financial shall pay the tax of five percent (5%)on premiums paid, in
Intermediaries. [85] - There shall be collected a tax of five the manner required by Section 123.
percent (5%) on the gross receipts derived by other
non-bank financial intermediaries doing business in the SEC. 125. Amusement Taxes. - There shall be collected
Philippines, from interests, commissions, discounts and from the proprietor, lessee or operator of cockpits,
all other items treated as gross income under this code.: cabarets, night or day clubs, boxing exhibitions,
Provided, That interests, commissions and discounts from professional basketball games, Jai-Alai and racetracks, a
lending activities, as well as income from financial tax equivalent to:
leasing, shall be taxed on the basis of the remaining (a) Eighteen percent (18%) in the case of cockpits;
maturities of the instruments from which such receipts
are derived, in accordance with the following schedule: (b) Eighteen percent (18%) in the case of cabarets,
night or day clubs;
Maturity period is five years or less 5% (c) Ten percent (10%) in the case of boxing
Maturity period is more than five years 1% exhibitions: Provided, however, That boxing
exhibitions wherein World or Oriental
Provided, however, That in case the maturity period is Championships in any division is at stake shall be
shortened thru pre-termination, then the maturity period exempt from amusement tax: Provided, further,
shall be reckoned to end as of the date of pre-termination That at least one of the contenders for World or
Oriental Championship is a citizen[s] of the
Philippines and said exhibitions are promoted by a outstanding shares of stock after the listing in the local
citizen/s of the Philippines or by a corporation or stock exchange:
association at least sixty percent (60%) of the capital
of which is owned by such citizens; Up to twenty-five percent (25%) 4%
(d) Fifteen percent (15%) in the case of professional Over twenty-five percent (25%) but not over 2%
basketball games as envisioned in Presidential thirty-three and one third percent (33 1/3%)
Decree No. 871: Provided, however, That the tax Over thirty-three and one third percent (33 1/3%) 1%
herein shall be in lieu of all other percentage taxes of The tax herein imposed shall be paid by the issuing
whatever nature and description; and corporation in primary offering or by the seller in
(e) Thirty percent (30%) in the case of Jai-Alai and secondary offering.
racetracks - of their gross receipts, irrespective, of For purposes of this Section, the term 'closely held
whether or not any amount is charged for corporation' means any corporation at least fifty percent
admission. (50%) in value of outstanding capital stock or at least fifty
For the purpose of the amusement tax, the term 'gross percent (50%) of the total combined voting power of all
receipts' embraces all the receipts of the proprietor, classes of stock entitled to vote is owned directly or
lessee or operator of the amusement place. Said gross indirectly by or for not more than twenty (20) individuals.
receipts also include income from television, radio and For purposes of determining whether the corporation is a
motion picture rights, if any. A person or entity or closely held corporation, insofar as such determination is
association conducting any activity subject to the tax based on stock ownership, the following rules shall be
herein imposed shall be similarly liable for said tax with applied:
respect to such portion of the receipts derived by him or
it. (1) Stock Not Owned by Individuals. - Stock owned
directly or indirectly by or for a corporation,
The taxes imposed herein shall be payable at the end of partnership, estate or trust shall be considered as
each quarter and it shall be the duty of the proprietor, being owned proportionately by its shareholders,
lessee or operator concerned, as well as any party liable, partners or beneficiaries.
within twenty (20) days after the end of each quarter, to
make a true and complete return of the amount of the (2) Family and Partnership Ownerships. - An
gross receipts derived during the preceding quarter and individual shall be considered as owning the stock
pay the tax due thereon. owned, directly or indirectly, by or for his family, or by
or for his partner. For purposes of the paragraph, the
SEC. 126. Tax on Winnings. - Every person who wins in 'family of an individual' includes only his brothers
horse races shall pay a tax equivalent to ten percent (10%) and sisters (whether by whole or half-blood), spouse,
of his winnings or 'dividends', the tax to be based on the ancestors and lineal descendants.
actual amount paid to him for every winning ticket after
deducting the cost of the ticket: Provided, That in the (3) Option. - If any person has an option acquire
case of winnings from double, forecast/quinella and stock, such stock shall be considered as owned by
trifecta bets, the tax shall be four percent (4%). In the case such person. For purposes of this paragraph, an
of owners of winning race horses, the tax shall be ten option to acquire such an option and each one of a
percent (10%) of the prizes. series of options shall be considered as an option to
acquire such stock.
The tax herein prescribed shall be deducted from the
'dividends' corresponding to each winning ticket or the (4) Constructive Ownership as Actual Ownership.
'prize' of each winning race horse owner and withheld by - Stock constructively owned by reason of the
the operator, manager or person in charge of the horse application of paragraph (1) or (3) hereof shall, for
races before paying the dividends or prizes to the persons purposes of applying paragraph (1) or (2), be treated
entitled thereto. as actually owned by such person; but stock
constructively owned by the individual by reason of
The operator, manager or person in charge of horse races the application of paragraph (2) hereof shall not be
shall, within twenty (20) days from the date the tax was treated as owned by him for purposes of again
deducted and withheld in accordance with the second applying such paragraph in order to make another
paragraph hereof, file a true and correct return with the the constructive owner of such stock.
Commissioner in the manner or form to be prescribed by
the Secretary of Finance, and pay within the same period (C) Return on Capital Gains Realized from Sale of
the total amount of tax so deducted and withheld. Shares of Stocks. -
SEC. 127. Tax on Sale, Barter or Exchange of Shares of (1) Return on Capital Gains Realized from Sale of
Stock Listed and Traded through the Local Stock Shares of Stock Listed and Traded in the Local
Exchange or through Initial Public Offering. - Stock Exchange. - It shall be the duty of every stock
broker who effected the sale subject to the tax
(A) Tax on Sale, Barter or Exchange of Shares of Stock imposed herein to collect the tax and remit the
Listed and Traded through the Local Stock Exchange.- same to the Bureau of Internal Revenue within five
There shall be levied, assessed and collected on every (5) banking days from the date of collection thereof
sale, barter, exchange, or other disposition of shares of and to submit on Mondays of each week to the
stock listed and traded through the local stock exchange secretary of the stock exchange, of which he is a
other than the sale by a dealer in securities, a tax at the member, a true and complete return which shall
rate of six-tenths of one percent (6/10 of 1%) of the gross contain a declaration of all the transactions effected
selling price or gross value in money of the shares of stock through him during the preceding week and of
sold, bartered, exchanged or otherwise disposed which taxes collected by him and turned over to the
shall be paid by the seller or transferor.(as amended by Bureau Of Internal Revenue.
RA No 10963)
(2) Return on Public Offerings of Shares of Stock.
(B) Tax on Shares of Stock Sold or Exchanged Through - In case of primary offering, the corporate issuer
Initial Public Offering. - There shall be levied, assessed shall file the return and pay the corresponding tax
and collected on every sale, barter, exchange or other within thirty (30) days from the date of listing of the
disposition through initial public offering of shares of shares of stock in the local stock exchange. In the
stock in closely held corporations, as defined herein, a tax case of secondary offering, the provision of
at the rates provided hereunder based on the gross Subsection (C) (1) of this Section shall apply as to the
selling price or gross value in money of the shares of stock time and manner of the payment of the tax.
sold, bartered, exchanged or otherwise disposed in
accordance with the proportion of shares of stock sold, (D) Common Provisions. - any gain derived from the sale,
bartered, exchanged or otherwise disposed to the total barter, exchange or other disposition of shares of stock
under this Section shall be exempt from the tax imposed
in Sections 24(C), 27(D)(2), 28(A)(8)(c), and 28(B)(5)(c) of (as amended by RA No 10963)
this Code and from the regular individual or corporate SEC. 130. Filing of Return and Payment of Excise Tax on
income tax. Tax paid under this Section shall not be Domestic Products. -
deductible for income tax purposes.
(A) Persons Liable to File a Return, Filing of Return on
SEC. 128. Returns and Payment of Percentage Taxes. - Removal and Payment of Tax. -
(A) Returns of Gross Sales, Receipts or Earnings and (1) Persons Liable to File a Return. - Every person
Payment of Tax. - liable to pay excise tax imposed under this Title shall
(1) Persons Liable to Pay Percentage Taxes. - Every file a separate return for each place of production
person subject to the percentage taxes imposed setting forth, among others the description and
under this Title shall file a quarterly return of the quantity or volume of products to be removed, the
amount of his gross sales, receipts or earnings and applicable tax base and the amount of tax due
pay the tax due thereon within twenty-five (25) days thereon: Provided, however, That in the case of
after the end of each taxable quarter: Provided, That indigenous petroleum, natural gas or liquefied
in the case of a person whose VAT registration is natural gas, the excise tax shall be paid by the first
cancelled and who becomes liable to the tax buyer, purchaser or transferee for local sale, barter or
imposed in Section 116 of this Code, the tax shall transfer, while the excise tax on exported products
accrue from the date of cancellation and shall be shall be paid by the owner, lessee, concessionaire or
paid in accordance with the provisions of this operator of the mining claim.
Section. Should domestic products be removed from the
(2) Person Retiring from Business. - Any person place of production without the payment of the tax,
retiring from a business subject to percentage tax the owner or person having possession thereof shall
shall notify the nearest internal revenue officer, file be liable for the tax due thereon.
his return and pay the tax due thereon within (2) Time for Filing of Return and Payment of the
twenty (20) days after closing his business. Tax. - Unless otherwise specifically allowed, the
(3) Determination of Correct Sales or Receipts. - return shall be filed and the excise tax paid by the
When it is found that a person has failed to issue manufacturer or producer before removal of
receipts or invoices, or when no return is filed, or domestic products from place of production:
when there is reason to believe that the books of Provided, That the excise tax on locally
accounts or other records do not correctly reflect the manufactured petroleum products and indigenous
declarations made or to be made in a return petroleum levied under Sections 148 and 151(A)(4),
required to be filed under the provisions of this respectively, of this Title shall be paid within ten (10)
Code, the Commissioner, after taking into account days from the date of removal of such products for
the sales, receipts or other taxable base of other the period from January 1, 1998 to June 30, 1998;
persons engaged in similar businesses under similar within five (5) days from the date of removal of such
situations or circumstances, or after considering products for the period from July 1, 1998 to
other relevant information may prescribe a December 31, 1998; and, before removal from the
minimum amount of such gross receipts, sales and place of production of such products from January 1,
taxable base and such amount so prescribed shall 1999 and thereafter: Provided, further, That the
be prima facie correct for purposes of determining excise tax on nonmetallic mineral or mineral
the internal revenue tax liabilities of such person. products, or quarry resources shall be due and
(as amended by RA No 10963) payable upon removal of such products from the
locality where mined or extracted, but with respect
(B) Where to File. - Except as the Commissioner to the excise tax on locally produced or extracted
otherwise permits, every person liable to the percentage metallic mineral or mineral products, the person
tax under this Title may, at his option, file a separate liable shall file a return and pay the tax within fifteen
return for each branch or place of business, or a (15) days after the end of the calendar quarter when
consolidated return for all branches or places of business such products were removed subject to such
with the authorized agent bank, Revenue District Officer, conditions as may be prescribed by rules and
Collection Agent or duly authorized Treasurer of the city regulations to be promulgated by the Secretary of
or municipality where said business or principal place of Finance, upon recommendation of the
business is located, as the case may be. Commissioner. For this purpose, the taxpayer shall
file a bond in an amount which approximates the
amount of excise tax due on the removals for the
said quarter. The foregoing rules notwithstanding,
TITLE VI EXCISE TAXES ON CERTAIN GOODS for imported mineral or mineral products, whether
metallic or nonmetallic, the excise tax due thereon
AND SERVICES shall be paid before their removal from customs
(As Last Amended by RA Nos. 9224, 9334 & 9337, 10963) custody.
[88]
(3) Place of Filing of Return and Payment of the
Tax. - Except as the Commissioner otherwise
CHAPTER I GENERAL PROVISIONS permits, the return shall be filed with and the tax
paid to any authorized agent bank or Revenue
Collection Officer, or duly authorized City or
SEC.129. Goods subject to Excise Taxes. - Excise taxes Municipal Treasurer in the Philippines.
apply to goods manufactured or produced in the (4) Exceptions. - The Secretary of Finance, upon
Philippines for domestic sales or consumption or for any recommendation of the Commissioner may, by rules
other disposition and to things imported as well as and regulations, prescribe:
services performed in the Philippines. The excise tax
imposed herein shall be in addition to the value-added (a) The time for filing the return at intervals
tax imposed under Title IV. other than the time prescribed in the
preceding paragraphs for a particular class or
For purposes of this Title, excise taxes herein imposed and classes of taxpayers after considering factors
based on weight or volume capacity or any other physical such as volume of removals, adequate
unit of measurement shall be referred to as 'specific tax' measures of security and such other relevant
and an excise tax herein imposed and based on selling information required to be submitted under
price or other specified value of the good or service the pertinent provisions of this Code; and
performed shall be referred to as 'ad valorem tax.'
(b) The manner and time of payment of excise cigars and cigarettes, distilled spirits, fermented liquors
taxes other than as herein prescribed, under a and wines brought directly into the duly chartered or
tax prepayment, advance deposit or similar legislated freeports of the Subic Special Economic and
schemes. In the case of locally produced of Freeport Zone, created under Republic Act No. 7227; the
extracted minerals and mineral products or Cagayan Special Economic Zone and Freeport, created
quarry resources where the mine site or place under Republic Act No. 7922; and the Zamboanga City
of extraction is not the same as the place of Special Economic Zone, created under Republic Act No.
processing or production, the return shall be 7903,and such other freeports as may hereafter be
filed with and the tax paid to the Revenue established or created by law: Provided, further, That
District Office having jurisdiction over the notwithstanding the provisions of Republic Act Nos. 9400
locality where the same are mined, extracted or and 9593, importations of cigars and cigarettes, distilled
quarried: Provided, however, That for metallic spirits, fermented liquors and wines made directly by a
minerals processed abroad, the return shall be government-owned and operated duty-free shop, like the
filed and the tax due thereon paid to the Duty-Free Philippines (DFP), shall be exempted from all
Revenue District Office having jurisdiction over applicable duties only: Provided, still further, That such
the locality where the same are mined, articles directly imported by a government-owned and
extracted or quarried. operated duty-free shop like the Duty-Free Philippines,
(B) Determination of Gross Selling Price of Goods shall be labeled 'duty-free' and 'not for resale': Provided,
Subject to Ad Valorem Tax. - Unless otherwise provided, finally, That the removal and transfer of tax and duty-free
the price, excluding the value-added tax, at which the goods, products, machinery, equipment and other similar
goods are sold at wholesale in the place of production or articles other than cigars and cigarettes, distilled spirits,
through their sales agents to the public shall constitute fermented liquors and wines, from one freeport to
the gross selling price. If the manufacturer also sells or another freeport, shall not be deemed an introduction
allows such goods to be sold at wholesale in another into the Philippine customs territory. [89]
establishment of which he is the owner or in the profits of Cigars and cigarettes, distilled spirits and wines within
which he has an interest, the wholesale price in such the premises of all duty-free shops which are not labeled
establishment shall constitute the gross selling price. as herein above required, as well as tax and duty-free
Should such price be less than the cost of manufacture articles obtained from a duty free shop and subsequently
plus expenses incurred until the goods are finally sold, found in a non duty-free shop to be offered for resale shall
then a proportionate margin of profit, not less than ten be confiscated, and the perpetrator of such non-labeling
percent (10%) of such manufacturing cost and expenses, or re-selling shall be punishable under the applicable
shall be added to constitute the gross selling price. provisions of this Code.
(C) Manufacturer's or Producer's Sworn Statement. - Articles confiscated shall be destroyed using the most
Every manufacturer or producer of goods or products environmentally friendly method available in accordance
subject to excise taxes shall file with the Commissioner with the rules and regulations to be promulgated by the
on the date or dates designated by the latter, and as often Secretary of Finance, upon recommendation of the
as may be required, a sworn statement showing, among Commissioners of Customs and Internal Revenue.
other information, the different goods or products The tax due on any such goods, products, machinery,
manufactured or produced and their corresponding equipment or other similar articles shall constitute a lien
gross selling price or market value, together with the cost on the article itself, and such lien shall be superior to all
of manufacture or production plus expenses incurred or other charges or liens, irrespective of the possessor
to be incurred until the goods or products are finally sold. thereof.
(D) Credit for Excise tax on Goods Actually Exported. - (B) Rate and Basis of the Excise Tax on Imported
When goods locally produced or manufactured are Articles. - Unless otherwise specified imported articles
removed and actually exported without returning to the shall be subject to the same rates and basis of excise
Philippines, whether so exported in their original state or taxes applicable to locally manufactured articles.
as ingredients or parts of any manufactured goods or
products, any excise tax paid thereon shall be credited or SEC. 132. Mode of Computing Contents of Cask or
refunded upon submission of the proof of actual Package. - Every fractional part of a proof liter equal to or
exportation and upon receipt of the corresponding greater than a half liter in a cask or package containing
foreign exchange payment: Provided, That the excise tax more than one liter shall be taxed as a liter, and any
on mineral products, except coal and coke, imposed smaller fractional part shall be exempt; but any package
under Section 151 shall not be creditable or refundable of spirits, the total content of which are less than a proof
even if the mineral products are actually exported. liter, shall be taxed as one liter.
SEC. 131. Payment of Excise Taxes on Imported Articles.
-
(A) Persons Liable. - Excise taxes on imported articles CHAPTER II EXEMPTION OR CONDITIONAL
shall be paid by the owner or importer to the Custom TAX-FREE REMOVAL OF CERTAIN ARTICLES
Officers, conformably with the regulations of the
Department of Finance and before the release of such SEC. 133. Removal of Wines and distilled Spirits for
articles from the customs house, or by the person who is Treatment of Tobacco Leaf. - Upon issuance of a permit
found in possession of articles which are exempt from from the Commissioner and subject to the rules and
excise taxes other than those legally entitled to regulations prescribed by the Secretary of Finance,
exemption. manufacturers of cigars and cigarettes may withdraw
from bond, free of excise local and imported wines and
In the case of tax-free articles brought or imported into distilled spirits in specific quantities and grades for use in
the Philippines by persons, entities, or agencies exempt the treatment of tobacco leaf to be used in the
from tax which are subsequently sold, transferred or manufacture of cigars and cigarettes; but such wines and
exchanged in the Philippines to non-exempt persons or distilled spirits must first be suitably denatured.
entitles, the purchasers or recipients shall be considered
the importers thereof, and shall be liable for the duty and SEC. 134. Domestic Denatured Alcohol. - Domestic
internal revenue tax due on such importation. alcohol of not less than one hundred eighty degrees
(180O) proof (ninety percent (90%) absolute alcohol) shall,
The provision of any special or general law to the contrary when suitably denatured and rendered unfit for oral
notwithstanding, the importation of cigars and cigarettes, intake, be exempt from the excise tax prescribed in
distilled spirits, fermented liquors and wines into the Section 141: Provided, however, That such denatured
Philippines, even if destined for tax and duty free shops, alcohol shall be subject to tax under Section 106(A) of this
shall be subject to all applicable taxes, duties, charges, Code: Provided, further, That if such alcohol is to be used
including excise taxes due thereon. This shall apply to
for motive power, it shall be taxed under Section 148(d) of distinct from those ordinarily used for fermented liquors,
this Code: Provided, finally, That any alcohol, previously each containing not less than one hundred seventy-five
rendered unfit for oral intake after denaturing but (175) liters with a note of their contents permanently
subsequently rendered fit or oral intake after undergoing affixed thereon.
fermentation, dilution, purification, mixture or any other SEC. 140. Removal of Tobacco Products without
similar process shall be taxed under Section 141 of this Prepayment of Tax. - Products of tobacco entirely unfit
Code and such tax shall be paid by the person in for chewing or smoking may be removed free of tax for
possession of such reprocessed spirits. agricultural or industrial use, under such conditions as
SEC. 135. Petroleum Products Sold to International may be prescribed in the rules and regulations prescribed
Carriers and Exempt Entities or Agencies. -Petroleum by the Secretary of Finance. Stemmed leaf tobacco,
products sold to the following are exempt from excise tax: fine-cut shorts, the refuse of fine-cut chewing tobacco,
(a) International carriers of Philippine or foreign scraps, cuttings, clippings, stems, or midribs, and
registry on their use or consumption outside the sweepings of tobacco may be sold in bulk as raw material
Philippines: Provided, That the petroleum products by one manufacturer directly to another without
sold to these international carriers shall be stored in payment of the tax, under such conditions as may be
a bonded storage tank and may be disposed of only prescribed in the rules and regulations prescribed by the
in accordance with the rules and regulations to be Secretary of Finance.
prescribed by the Secretary of Finance, upon 'Stemmed leaf tobacco,' as herein used, means leaf
recommendation of the Commissioner; tobacco which has had the stem or midrib removed. The
(b) Exempt entities or agencies covered by tax term does not include broken leaf tobacco.
treaties, conventions and other international
agreements for their use of consumption: Provided,
however, That the country of said foreign
international carrier or exempt entities or agencies CHAPTER III EXCISE TAX ON ALCOHOL PRODUCTS
exempts from similar taxes petroleum products sold SEC. 141. Distilled Spirits. - [90] On distilled spirits, subject
to Philippine carriers, entities or agencies; and to the provisions of Section 133 of this Code, an excise tax
(c) Entities which are by law exempt from direct and shall be levied, assessed and collected based on the
indirect taxes. following schedules:
SEC. 136. Denaturation, Withdrawal and Use of (a) Effective on January 1, 2013
Denatured Alcohol. - Any person who produces, 1. An ad valorem tax equivalent to fifteen
withdraws, sells, transports or knowingly uses, or is in percent (15%) of the net retail price (excluding
possession of denatured alcohol, or articles containing the excise tax and the value-added tax) per
denatured alcohol in violation of laws or regulations now proof; and
or hereafter in force pertaining thereto shall be required
2. In addition to the ad valorem tax herein
to pay the corresponding tax, in addition to the penalties
imposed, a specific tax of Twenty pesos
provided for under Title X of this Code.
(P20.00) per proof liter.
SEC. 137. Removal of Spirits Under Bond for
(b) Effective on January 1, 2015
Rectification. - Spirits requiring rectification may be
removed from the place of production to another 1. An ad valorem equivalent to twenty percent
establishment for the purpose of rectification without (20%) of the net retail price (excluding the
prepayment of the excise tax: Provided, That the distiller excise tax and the value-added tax) per proof;
removing such spirits and the rectifier receiving them and
shall file with the Commissioner their joint bond 2. In addition to the ad valorem tax herein
conditioned upon the payment by the rectifier of the imposed, the specific tax rate of Twenty pesos
excise tax due on the rectified alcohol: Provided, further, (P20.00) per proof liter.
That in cases where alcohol has already been rectified
either by original and continuous distillation or by (c) In addition to the ad valorem tax herein imposed,
re-distillation, no loss for rectification and handling shall the specific tax rate of Twenty pesos (P20.00) per
be allowed and the rectifier thereof shall pay the excise proof liter.
tax due on such losses: Provided, finally, That where a Medicinal preparations, flavoring extracts, and all other
rectifier makes use of spirits upon which the excise tax preparations, except toilet preparations, of which,
has not been paid, he shall be liable for the payment of excluding water, distilled spirits for the chief ingredient,
the tax otherwise due thereon. shall be subject to the same tax as such chief ingredient.
SEC. 138. Removal of Fermented Liquors to Bonded This tax shall be proportionally increased for any strength
Warehouse. - Any brewer may remove or transport from of the spirits taxed over proof spirits, and the tax shall
his brewery or other place of manufacture to a bonded attach to this substance as soon as it is in existence as
warehouse used by him exclusively for the storage or sale such, whether it be subsequently separated as pure or
in bulk of fermented liquors of his own manufacture, any impure spirits, or transformed into any other substance
quantity of such fermented liquors, not less than one either in the process of original production or by any
thousand (1,000) liters at one removal, without subsequent process.
prepayment of the tax thereon under a permit which
shall be granted by the Commissioner. Such permit shall 'Spirits or distilled spirits' is the substance known as
be affixed to every package so removed and shall be ethyl alcohol, ethanol or spirits of wine, including all
cancelled or destroyed in such manner as the dilutions, purifications and mixtures thereof, from
Commissioner may prescribe. Thereafter, the whatever source, by whatever process produced, and
manufacturer of such fermented liquors shall pay the tax shall include whisky, brandy, rum, gin and vodka, and
in the same manner and under the same penalty and other similar products or mixtures.
liability as when paid at the brewery. 'Proof spirits' is liquor containing one-half (1/2) of its
SEC. 139. Removal of Damaged Liquors Free of Tax. - volume of alcohol of a specific gravity of seven thousand
When any fermented liquor has become sour or nine hundred and thirty-nine thousandths (0.7939) at
otherwise damaged so as to be unfit for use as such, fifteen degrees centigrade (15˚C). A 'proof liter' means a
brewers may sell and after securing a special permit from liter of proof spirits.
the Commissioner, under such conditions as may be 'Net retail price' shall mean the price at which the
prescribed in the rules and regulations prescribed by the distilled spirit is sold on retail in at least five (5) major
Secretary of Finance, remove the same without the supermarkets in Metro Manila, excluding the amount
payment of tax thereon in cask or other packages, intended to cover the applicable excise tax and the
value-added tax. For distilled spirits which are marketed or its permit to engage in business as manufacturer or
outside Metro Manila, the 'net retail price' shall mean the importer of distilled spirits.
price at which the distilled spirits is sold in at least five (5) Any corporation, association or partnership liable for any
major supermarkets in the region excluding the amount of the acts or omissions in violation of this Section shall be
intended to cover the applicable excise tax and the fined treble the amount of deficiency taxes, surcharges
value-added tax. and interest which may be assessed pursuant to this
Major supermarkets , as contemplated under this Act, Section.
shall be those with the highest annual gross sales in Any person liable for any of the acts or omissions
Metro Manila or the region, as the case may be, as prohibited under this Section shall be criminally liable
determined by the National Statistics Office, and shall and penalized under Section 254 of this Code. Any person
exclude retail outlets or kiosks, convenience or sari-sari who wilfully aids or abets in the commission of any such
stores, and others of a similar nature: Provided, That no act or omission shall be criminally liable in the same
two (2) supermarkets in the list to be surveyed are manner as the principal.
affiliated and/or branches of each other: Provided, finally,
That in case a particular distilled spirit is not sold in major If the offender is not a citizen of the Philippines, he shall
supermarkets, the price survey can be conducted in retail be deported immediately after serving the sentence,
outlets where said distilled spirit is sold in Metro Manila or without further proceedings for deportation.
the region, as the case maybe, upon determination of the SEC. 142. Wines. - [91] On wines, there shall be collected
Commissioner of the Internal Revenue. per liter of volume capacity effective on January 1, 2013,
The net retail price shall be determined by the Bureau of the following excise taxes:
Internal Revenue (BIR) through a price survey under oath. (a) Sparkling wines/champagnes regardless of proof,
The methodology and all pertinent documents used in if the net retail price per bottle of seven hundred
the conduct of the latest price survey shall be submitted fifty milliliter (750 ml.) volume capacity (excluding
to the Congressional Oversight Committee on the the excise tax and value-added tax) is:
Comprehensive Tax Reform Program created under (1) Five hundred pesos (P500) or less - Two
Republic Act No. 8240. hundred fifty pesos (P250.00); and
Understatement of the suggested net retail price by as (2) More than Five hundred pesos (P500) -Seven
much as fifteen percent (15%) of the actual net retail price hundred pesos (P700.00)
shall render the manufacturer or importer liable for
additional excise tax equivalent to the tax due and (b) Still wines containing and carbonated wines
difference between the understated suggested net retail containing fourteen percent (14%) of alcohol by
price and the actual net retail price. volume or less, Thirty pesos (P30.00); and
Distilled spirits introduced in the domestic market after (c) Still wines and carbonated wines containing
the effectivity of this Act shall be initially taxed according more than fourteen percent (14%) but not more than
to their suggested net retail prices. twenty-five percent (25%) of alcohol by volume, Sixty
pesos (P60.00).
'Suggested net retail price' shall mean the net retail
price at locally manufactured or imported distilled spirits The rates of tax imposed under this Section shall be
are intended by the manufacturer or importer to be sold increased by four percent (4%) every year thereafter
on retail in major supermarkets or retail outlets in Metro effective on January 1, 2014, through revenue regulations
Manila for those marketed nationwide, and in other issued by the Secretary of Finance.
regions, for those with regional markets. At the end of Fortified wines containing more than twenty-five percent
three (3) months from the product launch, the Bureau of of alcohol by volume shall be taxed as distilled spirits.
Internal Revenue shall validate the suggested net retail 'Fortified wines' shall mean natural wines to which
price of the new brand against the net retail price as distilled spirits are added to increase their alcoholic
defined herein and initially determine the correct tax on a strength.
newly introduced distilled spirits. After the end of nine (9)
months from such validation, the Bureau of Internal 'Net retail price', shall mean the price at which sparkling
Revenue shall revalidate the initially validated net retail wine/champagne is sold on retail in at least (5) major
price against the net retail price as of the time of supermarkets in Metro Manila, excluding the amount
revalidation in order to finally determine the correct tax intended to cover the applicable excise tax and the
on a newly introduced distilled spirits. value-added-tax. For sparkling wines/champagnes which
are marketed outside Metro Manila, the 'net retail price'
All distilled spirits existing in the market at the time of the shall mean the price at which the wine is sold in at least
effectivity of this Act shall be taxed according to the tax five (5) major supermarkets in the region excluding the
rates provided above based on the latest price survey of amount intended to cover the applicable excise tax and
the distilled spirits conducted by the Bureau of Internal the value-added tax.
Revenue.
Major supermarkets, as contemplated under this Act,
The methodology and all pertinent documents used in shall be those with the highest annual gross sales in
the conduct of the latest price survey shall be submitted Metro Manila or the region, as the case may be, as
to the Congressional Oversight Committee on the determined by the National Statistics Office, and shall
Comprehensive Tax Reform Program created under exclude retail outlets or kiosks, convenience or sari-sari
Republic Act No. 8240. stores, and others of a similar nature: Provided, That no
Manufacturers and importers of distilled spirits shall, two (2) supermarkets in the list to be surveyed are
within thirty (30) days from the effectivity of this Act, and affiliated and/or branches of each other: Provided, finally,
within the first five (5) days of every third month that in case a particular sparkling wine/champagne is not
thereafter, submit to the Commissioner a sworn sold in major supermarkets, the price survey can be
statement of the volume of sales for each particular conducted in retail outlets where said sparkling
brand of distilled spirits sold at his establishment for the wine/champagne is sold in Metro Manila or the region, as
three-month period immediately preceding. the case maybe upon the determination of the
Commissioner of Internal Revenue.
Any manufacturer or importer who, in violation of this
Section, misdeclares or misrepresents in his or its sworn The net retail price shall be determined by the Bureau of
statement herein required any pertinent data or Internal Revenue (BIR) through a price survey under oath.
information shall, upon final findings by the The methodology and all pertinent documents used in
Commissioner that the violation was committed, be the conduct of the latest price survey shall be submitted
penalized by a summary cancellation or withdrawal of his to the Congressional Oversight Committee on the
Comprehensive Tax Reform Program created under ale, porter and other fermented liquors except tuba, basi,
Republic Act No. 8240. tapuy and similar domestic fermented liquors in
Understatement of the suggested net retail price by as accordance with the following schedule:
much as fifteen percent (15%) of the actual net retail price Effective on January 1, 2013
shall render the manufacturer or importer liable for (a) If the net retail price (excluding the excise
additional excise tax equivalent to the tax due and tax and the value-added tax) per liter of volume
difference between the understated suggested net retail capacity is Fifty pesos and sixty centavos
price and the actual net retail price. (P50.60) or less, the tax shall be Fifteen pesos
Sparkling wines/champagnes introduced in the domestic (P15.00) per liter; and
market after the effectivity of this Act shall be initially tax (b) If the net retail price (excluding the excise
classified according to their suggested net retail prices. tax and the value-added tax) per liter of volume
'Suggested net retail price' shall mean the net retail capacity is more than Fifty pesos and sixty
price at which locally manufactured or imported centavos (P50.60), the tax shall be Twenty pesos
sparkling wines/champagnes are intended by the (P20.00) per liter.
manufacturer or importer to be sold on retail in major Effective on January 1, 2014
supermarkets or retail outlets in Metro Manila for those
marketed nationwide, and in other regions, for those with (a) If the net retail price (excluding the excise
regional markets. At the end of three (3) months from the tax and the value-added tax) per liter of volume
product launch, the Bureau of Internal Revenue shall capacity is Fifty pesos and sixty centavos
validate the suggested net retail price of the sparkling (P50.60) or less, the tax shall be Seventeen
wine /champagne against the net retail price as defined pesos (P17.00) per liter; and
herein and initially determine the correct tax bracket to (b) If the net retail price (excluding the excise
which a newly introduced sparkling wine/champagne tax and the value-added tax) per liter of volume
shall be classified. After the end of nine (9) months from capacity is more than Fifty pesos and sixty
such validation, the Bureau of Internal Revenue shall centavos (P50.60), the tax shall be Twenty-one
revalidate the initially validated net retail price against as pesos (P21.00) per liter.
of the time of revalidation in order to finally determine
the correct tax bracket to which a newly introduced Effective on January 1, 2015
sparkling wine/champagne shall be classified. (a) If the net retail price (excluding the excise
The proper tax classification of sparkling tax and the value-added tax) per liter of volume
wines/champagnes, whether registered before or after capacity is Fifty pesos and sixty centavos
the effectivity of this Act, shall be determined every two (P50.60) or less, the tax shall be Nineteen pesos
(2) years from the date of effectivity of this Act. (P19.00) per liter; and
All sparkling wines/champagnes existing in the market at (b) If the net retail price (excluding the excise
the time of the effectivity of this Act shall be classified tax and the value-added tax) per liter of volume
according to the net retail prices and the tax rates capacity is more than Fifty pesos and sixty
provided above based on the latest price survey of the centavos (P50.60), the tax shall be Twenty-two
sparkling wines/champagnes conducted by the Bureau of pesos (P22.00) per liter.
Internal Revenue. Effective on January 1, 2016
The methodology and all pertinent documents used in (a) If the net retail price (excluding the excise
the conduct of the latest price survey shall be submitted tax and the value-added tax) per liter of volume
to the Congressional Oversight Committee on the capacity is Fifty pesos and sixty centavos
Comprehensive Tax Reform Program created under (P50.60) or less, the tax shall be Twenty-one
Republic Act No. 8240. pesos (P21.00) per liter; and
Manufacturers and importers of wines shall, within thirty (b) If the net retail price (excluding the excise
(30) days from the effectivity of this Act, and within the tax and the value-added tax) per liter of volume
first five (5) days of every month thereafter, submit to the capacity is more than Fifty pesos and sixty
Commissioner a sworn statement of the volume of sales centavos (P50.60), the tax shall be Twenty-three
for each particular brand of wines sold at his pesos (P23.00) per liter.
establishment for the three-month period immediately
preceding. Effective on January 1, 2017, the tax on all fermented
liquors shall be Twenty-three pesos and fifty centavos
Any manufacturer or importer who, in violation of this (P23.50) per liter.
Section, misdeclares or misrepresents in his or its sworn
statement herein required any pertinent data or The rates of tax imposed under this Section shall be
information shall, upon final findings by the increased by four percent (4%) every year thereafter
Commissioner that the violation was committed be effective on January 1, 2018, through revenue regulations
penalized by a summary cancellation or withdrawal of his issued by the Secretary of Finance. However, in case of
or its permit to engage in business as manufacturer or fermented liquors affected by the 'no downward
importer of wines. reclassification' provision prescribed under this Section,
the four percent (4%) increase shall apply to their
Any corporation, association or partnership liable for any respective applicable tax rates.
of the acts or omissions in violation of this Section shall be
fined treble the amount of deficiency taxes, surcharges Fermented liquors which are brewed and sold at
and interest which may be assessed pursuant to this micro-breweries or small establishments such as pubs
Section. and restaurants shall be subject to the rate of
Twenty-eight pesos (P28.00) per liter effective on January
Any person liable for any of the acts or omissions 1, 2013: Provided, That this rate shall be increased by four
prohibited under this Section shall be criminally liable percent (4%) every year thereafter effective on January 1,
and penalized under Section 254 of this Code. Any person 2014, through revenue regulations issued by the
who willfully aids or abets in the commission of any such Secretary of Finance.
act or omission shall be criminally liable in the same
manner as the principal. Fermented liquors introduced in the domestic market
after the effectivity of this Act shall be initially tax
If the offender is not a citizen of the Philippines, he shall classified according to their suggested net retail prices.
be deported immediately after serving the sentence,
without further proceedings for deportation. 'Suggested net retail price' shall mean the net retail
price at which locally manufactured or imported
Sec. 143. Fermented Liquor. - [92] There shall be levied, fermented liquor are intended by the manufacturer or
assessed and collected an excise tax on beer, lager beer,
importer to be sold on retail in major supermarkets or sales for each particular brand of fermented liquor sold at
retail outlets in Metro Manila for those marketed his establishment for the three-month period
nationwide, and in other regions, for those with regional immediately preceding.
markets. At the end of three (3) months from the product Any brewer or importer who, in violation of this Section,
launch, the Bureau of Internal Revenue shall validate the misdeclares or misrepresents in his or its sworn
suggested net retail price of the newly introduced statement herein required any pertinent data or
fermented liquor against the net retail price as defined information shall, upon final findings by the
herein and initially determine the correct tax bracket to Commissioner that the violation was committed, be
which a newly introduced fermented liquor, as defined penalized by a summary cancellation or withdrawal of his
above, shall be classified. After the end of nine (9) months or its permit to engage in business as brewer or importer
from such validation, the Bureau of Internal Revenue of fermented liquor.
shall revalidate the initially validated net retail price
against the net retail price as of the time of revalidation in Any corporation, association or partnership liable for any
order to finally determine the correct tax bracket which a of the acts or omissions in violation of this Section shall be
newly introduced fermented liquor shall be classified. fined treble the amount of deficiency taxes, surcharges
and interest which may be assessed pursuant to this
'Net retail price' shall mean the price at which the Section.
fermented liquor is sold on retail in at least five (5) major
supermarkets in Metro Manila (for brands of fermented Any person liable for any of the acts or omissions
liquor marketed nationally), excluding the amount prohibited under this Section shall be criminally liable
intended to cover the applicable excise tax and the and penalized under Section 254 of this Code. Any person
value-added tax. For brands which are marketed outside who willfully aids or abets in the commission of any such
Metro Manila, the 'net retail price' shall mean the price at act or omission shall be criminally liable in the same
which the fermented liquor is sold in at least five (5) major manner as the principal.
supermarkets in the region excluding the amount If the offender is not a citizen of the Philippines, he shall
intended to cover the applicable excise tax and the be deported immediately after serving the sentence,
value-added tax. without further proceedings for deportation.
Major supermarkets, as contemplated under this Act,
shall be those with the highest annual gross sales in
Metro Manila or the region, as the case may be, as
determined by the National Statistics Office, and shall CHAPTER IV EXCISE TAX ON TOBACCO PRODUCTS
exclude retail outlets or kiosks, convenience or sari-sari SEC. 144. Tobacco Products. - [93]There shall be collected
stores, and others of a similar nature: Provided, That no an excise tax of One peso and seventy-five centavos
two (2) supermarkets in the list to be surveyed are (P1.75) effective on January 1, 2013 on each kilogram of the
affiliated and/or branches of each other: Provided, finally, following products of tobacco:
That in case a particular fermented liquor is not sold in
major supermarkets, the price survey can be conducted (a) Tobacco twisted by hand or reduced into a
in retail outlets where said fermented liquor is sold in condition to be consumed in any manner other than
Metro Manila or the region, as the case may be, upon the the ordinary mode of drying and curing;
determination of the Commissioner of Internal Revenue. (b) Tobacco prepared or partially prepared with or
The net retail price shall be determined by the Bureau of without the use of any machine or instruments or
Internal Revenue (BIR) through a price survey under oath. without being pressed or sweetened except as
otherwise provided hereunder; and
The methodology and all pertinent documents used in
the conduct of the latest price survey shall be submitted (c) Fine-cut shorts and refuse, scraps, clippings,
to the Congressional Oversight Committee on the cuttings, stems and sweepings of tobacco except as
Comprehensive Tax Reform Program created under otherwise provided hereunder.
Republic Act No. 8240. Stemmed leaf tobacco, tobacco prepared or partially
Understatement of the suggested net retail price by as prepared with or without the use of any machine or
much as fifteen percent (15%) of the actual net retail price instrument or without being pressed or sweetened,
shall render the manufacturer or importer liable for fine-cut shorts and refuse, scraps, clippings, cuttings,
additional excise tax equivalent to the tax due and stems, midribs, and sweepings of tobacco resulting from
difference between the understated suggested net retail the handling or stripping of whole leaf tobacco shall be
price and the actual net retail price. transferred, disposed of, or otherwise sold, without any
prepayment of the excise tax herein provided for, if the
Any downward reclassification of present categories, for same are to be exported or to be used in the manufacture
tax purposes, of fermented liquors duly registered at the of cigars, cigarettes, or other tobacco products on which
time of the effectivity of this Act which will reduce the tax the excise tax will eventually be paid on the finished
imposed herein, or the payment thereof, shall be product, under such conditions as may be prescribed in
prohibited. the rules and regulations promulgated by the Secretary
The proper tax classification of fermented liquors, of Finance, upon recommendation of the Commissioner.
whether registered before or after the effectivity of this On tobacco specially prepared for chewing so as to be
Act, shall be determined every two (2) years from the date unsuitable for use in any other manner, on each kilogram,
of effectivity of this Act. One peso and fifty centavos (P1.50) effective on January 1,
All fermented liquors existing in the market at the time of 2013.
the effectivity of this Act shall be classified according to The rates of tax imposed under this Section shall be
the net retail prices and the tax rates provided above increased by four percent. (4%) every year thereafter
based on the latest price survey of the fermented liquors effective on January 1, 2014, through revenue regulations
conducted by the Bureau of Internal Revenue. issued by the Secretary of Finance.
The methodology and all pertinent documents used in No tobacco products manufactured in the Philippines
the conduct of the latest price survey shall be submitted and produced for export shall be removed from their
to the Congressional Oversight Committee on the place of manufacture or exported without posting of an
Comprehensive Tax Reform Program created under export bond equivalent to the amount of the excise tax
Republic Act No. 8240. due thereon if sold domestically: Provided, however, That
Every brewer or importer of fermented liquor shall, within tobacco products for export may be transferred from the
thirty (30) days from the effectivity of this Act, and within place of manufacture to a bonded facility, upon posting of
the first five (5) days of every month thereafter, submit to a transfer bond, prior to export.
the Commissioner a sworn statement of the volume of
Tobacco products imported into the Philippines and 'Cigarettes packed by hand' shall refer to the manner of
destined for foreign countries shall not be allowed entry packaging of cigarette sticks using an individual person's
without posting a bond equivalent to the amount of hands and not through any other means such as a
customs duty, excise and value-added taxes due thereon mechanical device, machine or equipment.
if sold domestically. (C) Cigarettes Packed by Machine. — There shall be
Manufacturers and importers of tobacco products shall, levied, assessed and collected on cigarettes packed by
within thirty (30) days from the effectivity of this Act, and machine a tax at the rates prescribed below:
within the first five (5) days of every month thereafter, Effective on January 1, 2018 until June 30, 2018, the
submit to the Commissioner a sworn statement of the tax on all cigarettes packed by machine shall be
volume of sales for each particular brand of tobacco Thirty-two pesos and fifty centavos (P32.50) per pack;
products sold for the three-month period immediately
preceding. Effective on July 1, 2018 until December 31, 2019, the
tax on all cigarettes packed by machine shall be
Any manufacturer or importer who, in violation of this Thirty-five pesos (P35.00) per pack;
Section, misdeclares or misrepresents hi his or its sworn
statement herein required any pertinent data or Effective on January 1, 2020 until December 31, 2021,
information shall, upon final findings by the the tax on all cigarettes packed by machine shall be
Commissioner that the violation was committed, be Thirty-seven pesos and fifty centavos (P37.50) per
penalized by a summary cancellation or withdrawal of his pack; and
or its permit to engage in business as manufacturer or Effective on January 1, 2022 until December 31, 2023,
importer of cigars or cigarettes. the tax on all cigarettes packed by machine shall be
Any corporation, association or partnership liable for any Forty pesos (P40.00) per pack.
of the acts or omissions in violation of this Section shall be The rates of tax imposed under this Subsection shall be
fined treble the amount of deficiency taxes, surcharges increased by four percent (4%) every year thereafter
and interest which may be assessed pursuant to this effective on January 1, 2024, through revenue regulations
Section. issued by the Secretary of Finance.
Any person liable for any of the acts or omissions (as amended by RA No 10963)
prohibited under this Section shall be criminally liable
and penalized under Section 254 of this Code. Any person SEC. 146. Inspection Fee. - For inspection made in
who willfully aids or abets in the commission of any such accordance with this Chapter, there shall be collected a
act or omission shall be criminally liable in the same fee of Fifty centavos (P0.50) for each thousand cigars or
manner as the principal. fraction thereof; Ten centavos (P0.10) for each thousand
cigarettes of fraction thereof; Two centavos (P0.02) for
If the offender is not a citizen of the Philippines, he shall each kilogram of leaf tobacco or fraction thereof; and
be deported immediately after serving the sentence, Three centavos (P0.03) for each kilogram or fraction
without further proceedings for deportation. thereof, of scrap and other manufactured tobacco.
Sec. 145. Cigars and Cigarettes. - [94] The inspection fee on leaf tobacco, scrap, cigars,
(A) Cigars. - There shall be levied, assessed and collected cigarettes and other tobacco products as defined in
on cigars an excise tax in accordance with the following Section 147 of this Code shall be paid by the wholesaler,
schedule: manufacturer, producer, owner or operator of redrying
plant, as the case may be, immediately before removal
(1) Effective on January 1, 2013 thereof from the establishment of the wholesaler,
(a) An ad valorem tax equivalent to twenty manufacturer, owner or operator of the re-drying plant. In
percent (20%) of the net retail price (excluding case of imported leaf tobacco and products thereof, the
the excise tax and the value-added tax) per inspection fee shall be paid by the importer before
cigar; and removal from customs' custody.
(b) In addition to the ad valorem tax herein Fifty percent (50%) of the tobacco inspection fee shall
imposed, a specific tax of Five pesos (P5.00) per accrue to the Tobacco Inspection Fund created by
cigar. Section 12 of Act No. 2613, as amended by Act No. 3179,
(2) In addition to the ad valorem tax herein and fifty percent (50%) shall accrue to the Cultural Center
imposed, the specific tax rate of Five pesos (P5.00) of the Philippines.
imposed under this subsection shall be increased by SEC. 147. Definition of Terms. - When used herein and in
four percent (4%) effective on January 1, 2014 statements or official forms prescribed hereunder, the
through revenue regulations issued by the Secretary following terms shall have the meaning indicated:
of Finance. (a) 'Cigars' mean all rolls of tobacco or any substitute
(B) Cigarettes Packed by Hand. - There shall be levied, thereof, wrapped in leaf tobacco.
assessed and collected on cigarettes packed by hand an (b) 'Cigarettes' mean all rolls of finely-cut leaf
excise tax based on the following schedules: tobacco, or any substitute therefor, wrapped in
Effective on January 1, 2018 until June 30, 2018, paper or in any other material.
Thirty-two pesos and fifty centavos (P32.50) per pack; (c) 'Wholesale price' shall mean the amount of
Effective on July 1, 2018 until December 31, 2019, money or price paid for cigars or cigarettes
Thirty-five pesos (P35.00) per pack; purchased for the purpose of resale, regardless of
Effective on January 1, 2020 until December 31, 2021, quantity.
Thirty-seven pesos and fifty centavos (P37.50) per (d) 'Retail price' shall mean the amount of money or
pack; and price which an ultimate consumer or end-user pays
Effective on January 1, 2022 until December 31, 2023, for cigars or cigarettes purchased.
Forty pesos (P40.00) per pack.
The rates of tax imposed under this subsection shall be
increased by four percent (4%) every year effective on CHAPTER V EXCISE TAX ON PETROLEUM
January 1, 2024, through revenue regulations issued by PRODUCTS
the Secretary of Finance.
SEC. 148. Manufactured Oils and Other Fuels. — There
Duly registered cigarettes packed by hand shall only be shall be collected on refined and manufactured mineral
packed in twenties and other packaging combinations of oils and motor fuels, the following excise taxes which shall
not more than twenty.
attach to the goods hereunder enumerated as soon as (j) Liquefied petroleum gas, per kilogram, One peso
they are in existence as such: (P1.00): Provided, That liquefied petroleum gas when
Effective January 1, 2018 used as raw material in the production of
petrochemical products, subject to the rules and
(a) Lubricating oils and greases, including but not regulations to be promulgated by the Secretary of
limited to, basestock for lube oils and greases, high Finance, shall be taxed zero (P0.00) per kilogram:
vacuum distillates, aromatic extracts and other
similar preparations, and additives for lubricating oils Provided, finally, That liquefied petroleum gas used for
and greases, whether such additives are petroleum motive power shall be taxed at the equivalent rate as the
based or not, per liter and kilogram, respectively, of excise tax on diesel fuel oil;
volume capacity or weight, Eight pesos (P8.00): (k) Asphalts, per kilogram, Eight Pesos (P8.00);
Provided, That lubricating oils and greases produced (l) Bunker fuel oil, and on similar fuel oils having more
from basestocks and additives on which the excise or less the same generating power, per liter of volume
tax has already been paid shall no longer be subject capacity, Two pesos and fifty centavos (P2.50):
to excise tax: Provided, further, That locally produced Provided, however, That the excise taxes paid on the
or imported oils previously taxed as such but are purchased basestock (bunker) used in the
subsequently reprocessed, refined or recycled shall manufacture of excisable articles and forming part
likewise be subject to the tax imposed under this thereof shall be credited against the excise tax due
Subsection; therefrom; and
(b) Processed gas, per liter of volume capacity, Eight (m) Petroleum coke, per metric ton, Two pesos and
pesos (P8.00); fifty centavos (P2.50): Provided, however, That,
(c) Waxes and petrolatum, per kilogram, Eight pesos petroleum coke, when used as feedstock to any
(P8.00); power generating facility, per metric ton, zero (P0.00).
(d) On denatured alcohol to be used for motive Effective January 1, 2019
power, per liter of volume capacity, Eight pesos (a) Lubricating oils and greases, including but not
(P8.00): Provided, That unless otherwise provided by limited to, basestock for lube oils and greases, high
special laws, if the denatured alcohol is mixed with vacuum distillates, aromatic extracts and other
gasoline, the excise tax on which has already been similar preparations, and additives for lubricating oils
paid, only the alcohol content shall be subject to the and greases, whether such additives are petroleum
tax herein prescribed. For purposes of this based or not, per liter and kilogram, respectively, of
Subsection, the removal of denatured alcohol of not volume capacity or weight, Nine pesos (P9.00):
less than one hundred eighty degrees (180º) proof Provided, That lubricating oils and greases produced
(ninety percent (90%) absolute alcohol) shall be from basestocks and additives on which the excise
deemed to have been removed for motive power, tax has already been paid shall no longer be subject
unless shown otherwise; to excise tax: Provided, further, That locally produced
(e) Naphtha, regular gasoline, pyrolysis gasoline and or imported oils previously taxed as such but are
other similar products of distillation, per liter of subsequently reprocessed, rerefined or recycled shall
volume capacity, Seven pesos (P7.00):Provided, likewise be subject to the tax imposed under this
however, That naphtha and pyrolysis gasoline, when Subsection.
used as a raw material in the production of (b) Processed gas, per liter of volume capacity, Nine
petrochemical products, or in the refining of pesos (P9.00);
petroleum products, or as replacement fuel for
natural-gas-fired-combined cycle power plant in lieu (c) Waxes and petrolatum, per kilogram, Nine pesos
of locally-extracted natural gas during the (P9.00);
non-availability thereof, subject to the rules and (d) On denatured alcohol to be used for motive
regulations to be promulgated by the Secretary of power, per liter of volume capacity, Nine pesos
Finance, per liter of volume capacity, zero (P9.00): Provided, That unless otherwise provided by
(P0.00):Provided, further, That the production of special laws, if the denatured alcohol is mixed with
petroleum products, whether or not they are gasoline, the excise tax on which has already been
classified as products of distillation and for use solely paid, only the alcohol content shall be subject to the
for the production of gasoline shall be exempt from tax herein prescribed. For purposes of this
excise tax: Provided, finally, That the by-product Subsection, the removal of denatured alcohol of not
including fuel oil, diesel fuel, kerosene, pyrolysis less than one hundred eighty degrees (180º) proof
gasoline, liquefied petroleum gases, and similar oils (ninety percent (90%) absolute alcohol) shall be
having more or less the same generating power, deemed to have been removed for motive power,
which are produced in the processing of naphtha into unless shown otherwise;
petrochemical products shall be subject to the
applicable excise tax specified in this Section, except (e) Naphtha, regular gasoline, pyrolysis gasoline, and
when such by-products are transferred to any of the other similar products of distillation, per liter of
local oil refineries through sale, barter or exchange, volume capacity, Nine pesos (P9.00):Provided,
for the purpose of further processing or blending into however, That naphtha and pyrolysis gasoline, when
finished products which are subject to excise tax used as a raw material in the production of
under this Section; petrochemical products, or in the refining of
petroleum products, or as replacement fuel for
(f) Unleaded premium gasoline, per liter of volume natural-gas-fired-combined cycle power plant in lieu
capacity, Seven pesos (P7.00); of locally-extracted natural gas during the
(g) Aviation turbo jet fuel, aviation gas, per liter of non-availability thereof, subject to the rules and
volume capacity, Four Pesos (P4.00); regulations to be promulgated by the Secretary of
Finance, per liter of volume capacity, zero
(h) Kerosene, per liter of volume capacity, Three pesos (P0.00):Provided, further, That the production of
(P3.00): Provided, That kerosene, when used as petroleum products, whether or not they are
aviation fuel, shall be subject to the same tax on classified as products of distillation and for use solely
aviation turbo jet fuel under the preceding paragraph for the production of gasoline shall be exempt from
(g), such tax to be assessed on the user thereof; excise tax: Provided, finally, That the by-product
(i) Diesel fuel oil, and on similar fuel oils having more including fuel oil, diesel fuel, kerosene, pyrolysis
or less the same generating power, per liter of volume gasoline, liquefied petroleum gases and similar oils
capacity, Two pesos and fifty centavos (P2.50); having more or less the same generating power,
which are produced in the processing of naphtha into
petrochemical products shall be subject to the volume capacity, Ten pesos (P10.00):Provided,
applicable excise tax specified in this Section, except however, That naphtha and pyrolysis gasoline, when
when such by-products are transferred to any of the used as a raw material in the production of
local oil refineries through sale, barter or exchange, petrochemical products, or in the refining of
for the purpose of further processing or blending into petroleum products or as replacement fuel for
finished products which are subject to excise tax natural-gas-fired-combined cycle power plant in lieu
under this Section; of locally-extracted natural gas during the
(f) Unleaded premium gasoline, per liter of volume non-availability thereof, subject to the rules and
capacity, Nine pesos (P9.00); regulations to be promulgated by the Secretary of
Finance, per liter of volume capacity, zero
(g) Aviation turbo jet fuel, aviation gas, per liter of (P0.00):Provided, further, That the production of
volume capacity, Four pesos (P4.00); petroleum products, whether or not they are
(h) Kerosene, per liter of volume capacity, Four pesos classified as products of distillation and for use solely
(P4.00): Provided, That kerosene, when used as for the production of gasoline shall be exempt from
aviation fuel, shall be subject to the same tax on excise tax: Provided, finally, That the by-product
aviation turbo jet fuel under the preceding paragraph including fuel oil, diesel fuel, kerosene, pyrolysis
(g), such tax to be assessed on the user thereof; gasoline, liquefied petroleum gases and similar oils
having more or less the same generating power,
(i) Diesel fuel oil, and on similar fuel oils having more which are produced in the processing of naphtha into
or less the same generating power, per liter of volume petrochemical products shall be subject to the
capacity, Four pesos and fifty centavos (P4.50); applicable excise tax specified in this Section, except
(j) Liquefied petroleum gas, per kilogram, Two pesos when such by-products are transferred to any of the
(P2.00): Provided, That liquefied petroleum gas when local oil refineries through sale, barter or exchange,
used as raw material in the production of for the purpose of further processing or blending into
petrochemical products, subject to the rules and finished products which are subject to excise tax
regulations to be promulgated by the Secretary of under this Section;
Finance, per kilogram, zero (P0.00):Provided, finally, (f) Unleaded premium gasoline, per liter of volume
That liquefied petroleum gas used for motive power capacity, Ten pesos (P10.00);
shall be taxed at the equivalent rate as the excise tax
on diesel fuel oil; (g) Aviation turbo jet fuel, aviation gas, per liter of
volume capacity, Four pesos (P4.00);
(k) Asphalts, per kilogram, Nine pesos (P9.00);
(h) Kerosene, per liter of volume capacity, Five pesos
(l) Bunker fuel oil, and on similar fuel oils having more (P5.00): Provided, That kerosene, when used as
or less the same generating power, per liter of volume aviation fuel, shall be subject to the same tax on
capacity, Four pesos and fifty centavos (P4.50): aviation turbo jet fuel under the preceding paragraph
Provided, however, That the excise taxes paid on the (g), such tax to be assessed on the user thereof;
purchased basestock (bunker) used in the
manufacture of excisable articles and forming part (i) Diesel fuel oil, and on similar fuel oils having more
thereof shall be credited against the excise tax due or less the same generating power, per liter of volume
therefrom; and capacity, Six pesos (P6.00);
(m) Petroleum coke, per metric ton, Four pesos and (j) Liquefied petroleum gas, per kilogram, Three
fifty centavos (P4.50): Provided, however, That, pesos (P3.00): Provided, That liquefied petroleum gas
petroleum coke, when used as feedstock to any when used as raw material in the production of
power generating facility, per metric ton, zero (P0.00). petrochemical products, subject to the rules and
regulations to be promulgated by the Secretary of
Effective January 1, 2020 Finance, per kilogram, zero (P0.00):Provided, finally,
(a) Lubricating oils and greases, including but not That liquefied petroleum gas used for motive power
limited to, basestock for lube oils and greases, high shall be taxed at the equivalent rate as the excise tax
vacuum distillates, aromatic extracts and other on diesel fuel oil;
similar preparations, and additives for lubricating oils (k) Asphalts, per kilogram, Ten pesos (P10.00);
and greases, whether such additives are petroleum
based or not, per liter and kilogram, respectively, of (l) Bunker fuel oil, and on similar fuel oils having more
volume capacity or weight, Ten pesos (P10.00): or less the same generating power, per liter of volume
Provided, That lubricating oils and greases produced capacity, Six pesos (P6.00):Provided, however, That
from basestocks and additives on which the excise the excise taxes paid on the purchased basestock
tax has already been paid shall no longer be subject (bunker) used in the manufacture of excisable articles
to excise tax: Provided, further, That locally produced and forming part thereof shall be credited against the
or imported oils previously taxed as such but are excise tax due therefrom; and
subsequently reprocessed, rerefined or recycled shall (m) Petroleum coke, per metric ton, Six pesos (P6.00):
likewise be subject to the tax imposed under this Provided, however, That, petroleum coke, when used
subsection. as feedstock to any power generating facility, per
(b) Processed gas, per liter of volume capacity, Ten metric ton, zero (P0.00).
pesos (P10.00); Petroleum products, including naphtha, LPG, petroleum
(c) Waxes and petrolatum, per kilogram, Ten pesos coke, refinery fuel and other products of distillation, when
(P10.00); used as input, feedstock or as raw material in the
manufacturing of petrochemical products, or in the
(d) On denatured alcohol to be used for motive refining of petroleum products, or as replacement fuel for
power, per liter of volume capacity, Ten pesos (P10.00): natural-gas-fired-combined cycle power plant in lieu of
Provided, That unless otherwise provided by special locally-extracted natural gas during the non-availability
laws, if the denatured alcohol is mixed with gasoline, thereof, subject to the rules and regulations to be
the excise tax on which has already been paid, only promulgated by the Secretary of Finance, per liter of
the alcohol content shall be subject to the tax herein volume capacity, zero (P0.00); Provided, That the
prescribed. For purposes of this Subsection, the by-product including fuel oil, diesel fuel, kerosene,
removal of denatured alcohol of not less than one pyrolysis gasoline, liquefied petroleum gases, and similar
hundred eighty degrees (180º) proof (ninety percent oils having more or less the same generating power,
(90%) absolute alcohol) shall be deemed to have been which are produced in the processing of naphtha into
removed for motive power, unless shown otherwise; petrochemical products shall be subject to the applicable
(e) Naphtha, regular gasoline, pyrolysis gasoline and excise tax specified in this Section, except when such
other similar products of distillation, per liter of by-products are transferred to any of the local oil
refineries through sale, barter or exchange, for the (f) Engagement of Fuel Marking Provider. — The
purpose of further processing or blending into finished government shall engage only one fuel marking
products which are subject to excise tax under this provider who shall, under the supervision and
Section. direction of the Commissioners of Internal Revenue
For the period covering 2018 to 2020, the scheduled and Customs, be responsible for providing,
increase in the excise tax on fuel as imposed in this monitoring, and administering the fuel markers,
Section shall be suspended when the average Dubai provide equipment and devices, conduct field and
crude oil price based on Mean of Platts Singapore (MOPS) confirmatory tests, and perform such other acts
for three (3) months prior to the scheduled increase of the incidental or necessary to the proper implementation
month reaches or exceeds Eighty dollars (USD80) per of the provisions of this Act: Provided, That the fuel
barrel. marking provider shall provide an end-to-end
solution to the Government, including the
Provided, That the Department of Finance shall perform establishment and operation of testing facilities that
an annual review of the implementation of the excise tax are certified to ISO 17025;
on fuel and shall, based on projections provided and
recommendations of the Development Budget (g) All costs pertaining to the procurement of the
Coordination Committee, as reconciled from the official fuel markers shall be borne by the refiner,
conditions as provided above, recommend the manufacturer or importer, of petroleum products, as
implementation or suspension of the excise tax on fuel: the case may be: Provided, That the government may
Provided, fur