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Capita

l
Gains
Tax

Contents

Description

Final Capital Gains Tax for Onerous Transfer of Real Property Classified
as Capital Assets (Taxable and Exempt)

Capital Gains Tax for Onerous Transfer of Shares of Stocks Not Traded
Through the Local Stock Exchange

Annual Capital Gains Tax for Onerous Transfer of Shares of Stocks Not
Traded Through the Local Stock Exchange

Related Revenue Issuances

Codal Reference

Frequently Asked Questions

Description
Capital Gains Tax is a tax imposed on the gains presumed to have been realized
by the seller from the sale, exchange, or other disposition of capital assets
located in the Philippines, including pacto de retro sales and other forms of
conditional sale.
Final Capital Gains Tax for Onerous Transfer of Real Property Classified
as Capital Assets (Taxable and Exempt)
Tax Form
BIR Form 1706 Final Capital Gains Tax Return (For Onerous Transfer of Real
Property Classified as Capital Assets -Taxable and Exempt)
Documentary Requirements
1) One original copy and one photocopy of the Notarized Deed of Sale or

Exchange
2) Photocopy of the Transfer Certificate of Title; Original Certificate of Title; or
Condominium Certificate of Title
3) Certified True Copy of the tax declaration on the lot and/or improvement
during nearest time of sale
4) Certificate of No Improvement issued by the Assessors office where the
property has no declared improvement, if applicable or Sworn
Declaration/Affidavit of No Improvement by at least one (1) of the transferees
5) Copy of BIR Ruling for tax exemption confirmed by BIR, if applicable
6) Duly approved Tax Debit Memo, if applicable
7) Sworn Declaration of Interest as prescribed under Revenue Regulations 1399, if the transaction is tax-exempt
8) Documents supporting the exemption
Additional requirements may be requested for presentation during audit of the
tax case depending upon existing audit procedures.
Procedures
File the Capital Gains Tax return in triplicate (two copies for the BIR and one
copy for the taxpayer) with the Authorized Agent Bank (AAB) in the Revenue
District where the property is located. In places where there are no AAB, the
return will be filed directly with the Revenue Collection Officer or Authorized
City or Municipal Treasurer.
Tax Rates
For real property - 6%.
Deadline
Within 30 days after each sale, exchange, transfer or other disposition of real
property.
Capital Gains Tax for Onerous Transfer of Shares of Stocks Not Traded
Through the Local Stock Exchange
Tax Form
BIR Form 1707 - Capital Gains Tax Return (For Onerous Transfer of Shares of

Stocks Not Traded Through the Local Stock Exchange)


Documentary Requirements
1) One original copy and one photocopy of the Notarized Deed of Sale/
Exchange of shares of stock
2) Photocopy of the Deed of Acquisition or proof of cost/ fair market value of
the stocks at the time of acquisition
3) Photocopy of certificate of shares of stock
4) Photocopy of evidences of expenses related to sale
5) Photocopy of the Audited Financial Statements of issuing corporation nearest
the date of sale or transfer
6) Duly approved Tax Debit Memo, if applicable
Additional requirements may be requested for presentation during audit of the
tax case depending upon existing audit procedures.
Procedures
File the Capital Gains Tax return in triplicate (two copies for the BIR and one
copy for the taxpayer) with the Authorized Agent Bank (AAB) in the Revenue
District where the seller or transferor of stocks is registered. In places where
there are no AAB, the return will be filed directly with the Revenue Collection
Officer or Authorized City or Municipal Treasurer.
Tax Rates
For Shares of Stocks Not Traded in the Stock Exchange
- Not over P100,000 - 5%
- Any amount in excess of P100,000 - 10%
Deadline
Within 30 days after each sale or disposition of shares of stocks or real property.
In case of installment sale, the return shall be filed within 30 days following the
receipt of the first down payment and within 30 days following the subsequent
installment payments. Only one return shall be filed for multiple transactions
within the day.

Annual Capital Gains Tax for Onerous Transfer of Shares of Stocks Not
Traded Through the Local Stock Exchange
Tax Form
BIR Form 1707A - Annual Capital Gains Tax Return (For Onerous Transfer of
Shares of Stocks Not Traded Through the Local Stock Exchange)
Procedures
File the Capital Gains Tax return in triplicate (two copies for the BIR and one
copy for the taxpayer) with the Authorized Agent Bank (AAB) in the Revenue
District where the seller or transferor of stocks is registered. In places where
there are no AAB, the return will be filed directly with the Revenue Collection
Officer or Authorized City or Municipal Treasurer.
Tax Rates
For Shares of Stocks Not Traded in the Stock Exchange
- Not over P100,000 - 5%
- Any amount in excess of P100,000 - 10%
Deadline
Individual Taxpayers On or before April 15 of each year covering all stock
transactions of the preceding taxable year
Corporate Taxpayers On or before the fifteenth (15) day of the fourth (4)
month following the close of the taxable year covering all transactions of the
preceding taxable year
Related Revenue Issuances
RR No. 2-98, RR No. 4-99, RR No.13-99, RR No. 7-2003 and RR No. 17-2003
Codal Reference
Sec. 24C, Sec. 24D, Sec. 27D(2), Sec. 27D(5), Sec. 28(A)(7)(c), Sec. 28(B)(5)
(c) and Sec. 39A of the National Internal Revenue Code (NIRC)
Frequently Asked Questions
1) What is meant by capital asset?
Capital asset means property held by the taxpayer (whether or not connected

with his trade or business), but does not include


a) stock in trade of the taxpayer or other property of a kind which would
properly be included in the inventory of the taxpayer if on hand at the close of
the taxable year; or
b) property held by the taxpayer primarily for sale to customers in the ordinary
course of his trade or business; or
c) property used in the trade or business of a character which is subject to the
allowance for depreciation provided in subsection (F) of Sec. 34 of the Code; or
d) real property used in trade or business of the taxpayer.
2) What is meant by ordinary asset?
Ordinary asset refers to all properties specifically excluded from the definition
of capital assets under Sec. 39 (A)(1) of the NIRC.
3) What is meant by real property?
Real property shall have the same meaning attributed to that term under Article
415 of Republic Act No. 386, otherwise known as the Civil Code of the
Philippines.
4) What does a real estate dealer refer to?
A real estate dealer refers to any person engaged in the business of buying and
selling or exchanging real properties on his own account as a principal and
holding himself out as a full or part-time dealer in real estate.
5) What does a real estate developer refer to?
Real estate developer refers to any person engaged in the business of developing
real properties into subdivisions, or building houses on subdivided lots, or
constructing residential or commercial units, townhouses and other similar units
for his own account and offering them for sale or lease.
6) What does a real estate lessor refer to?
Real estate lessor refers to any person engaged in the business of leasing or

renting real properties on his own account as a principal and holding himself out
as a lessor of real properties being rented out or offered for rent.
7) Who are considered engaged in the real estate business?
Taxpayers who are considered engaged in the real estate business refer
collectively to real estate dealers, real estate developers and/or real estate
lessors. A taxpayer whose primary purpose of engaging in business, or whose
Articles of Incorporation states that its primary purpose is to engage in the real
estate business shall be deemed to be engaged in the real estate business.
8) Who are considered not engaged in the real estate business?
Taxpayers who are considered not engaged in the real estate business refer to
persons other than real estate dealers, real estate developers and/or real estate
lessors.
9) Who are considered habitually engaged in the real estate business?
Real estate dealers or real estate developers who are registered with the Housing
and Land Use Regulatory Board (HULRB) or HUDCC
10)How can you determine whether a particular real property is a capital asset or
an ordinary asset?
a) Real properties shall be classified with respect to taxpayers engaged in the
real estate business as follows:
i) All real properties acquired by the real estate dealer shall be considered as
ordinary assets.
ii) All real properties acquired by the real estate developer, whether developed or
undeveloped as of the time of acquisition, and all real properties which are held
by the real estate developer primarily for sale or for lease to customers in the
ordinary course of his trade or business or which would properly be included in
the inventory of the taxpayer if on hand at the close of the taxable year and all
real properties used in the trade or business, whether in the form of land,
building, or other improvements, shall be considered as ordinary assets.
iii) All real properties of the real estate lessor, whether land, building and/or
improvements, which are for lease/rent or being offered for lease/rent, or

otherwise for use or being used in the trade or business shall likewise be
considered as ordinary assets.
iv) All real properties acquired in the course of trade or business by a taxpayer
habitually engaged in the sale of real property shall be considered as ordinary
assets.
Note: Registration with the HLURB or HUDCC as a real estate dealer or
developer shall be sufficient for a taxpayer to be considered as habitually
engaged in the sale of real estate.
If the taxpayer is not registered with the HLURB or HUDCC as a real estate
dealer or developer, he/it may nevertheless be deemed to be engaged in the real
estate business through the establishment of substantial relevant evidence (such
as consummation during the preceding year of at least six (6) taxable real estate
sale transactions, regardless of amount; registration as habitually engaged in real
estate business with the Local Government Unit or the Bureau of Internal
Revenue, etc.)
b) In the case of taxpayer not engaged in the real estate business, real properties,
whether land, building, or other improvements, which are used or being used or
have been previously used in trade or business of the taxpayer shall be
considered as ordinary assets.
c) In the case of taxpayers who changed its real estate business to a non-real
estate business, real properties held by these taxpayer shall remain to be treated
as ordinary assets.
d) In the case of taxpayers who originally registered to be engaged in the real
estate business but failed to subsequently operate, all real properties acquired by
them shall continue to be treated as ordinary assets.
e) Real properties formerly forming part of the stock in trade of a taxpayer
engaged in the real estate business, or formerly being used in the trade or
business of a taxpayer engaged or not engaged in the real estate business, which
were later on abandoned and became idle, shall continue to be treated as
ordinary assets. Provided however, that properties classified as ordinary assets
for being used in business by a taxpayer engaged in business other than real
estate business are automatically converted into capital assets upon showing
proof that the same have not been used in business for more than two years prior
to the consummation of the taxable transactions involving said properties
f) Real properties classified as capital or ordinary asset in the hands of the
seller/transferor may change their character in the hands of the buyer/transferee.
The classification of such property in the hands of the buyer/transferee shall be

determined in accordance with the following rules:


i) Real property transferred through succession or donation to the heir or donee
who is not engaged in the real estate business with respect to the real property
inherited or donated, and who does not subsequently use such property in trade
or business, shall be considered as a capital asset in the hands of the heir or
donee.
ii) Real property received as dividend by the stockholders who are not engaged
in the real estate business and who do not subsequently use such property in
trade or business, shall be considered as a capital asset in the hands of the
recipients even if the corporation which declared the real property dividends is
engaged in real estate business.
iii) The real property received in an exchange shall be treated as ordinary asset
in the hands of the case of a tax-free exchange by taxpayer not engaged in real
estate business to a taxpayer who is engaged in real estate business, or to a
taxpayer who, even if not engaged in real estate business, will use in business
the property received in exchange.
g) In the case of involuntary transfers of real properties, including
expropriations or foreclosure sale, the involuntariness of such sale shall have no
effect on the classification of such real property in the hands of the involuntary
seller, either as capital asset or ordinary asset as the case may be.
11) What is the basis in the valuation of property?
The value of the real property will be based on the selling price, fair market
value as determined by the Commissioner (zonal value) or the fair market value
as shown in the schedule of values of the Provincial or City Assessor, whichever
is higher.
If there is no zonal value, the taxable base is whichever is higher of the gross
selling price per sales documents or the fair market value that appears in the
latest tax declaration.
If there is an improvement, the FMV per latest tax declaration at the time of the
sale or disposition, duly certified by the City/Municipal Assessor shall be used.
No adjustments shall be added on the said value, provided that the tax
declaration bears the upgraded fair market value of the said property pursuant to
Section 219 of R.A. No. 7160, otherwise known as the Local Government Code
of 1991 and the last paragraph of the Local Assessment Regulations No. 1-92
dated October 6, 1992.

In case the tax declaration being presented was issued three (3) or more years
prior to the date of sale or disposition of the real property, the seller/transferor
shall be required to submit a certification from the City/Municipal Assessor
whether or not the same is still the latest tax declaration covering the said real
property. Otherwise, the taxpayer shall secure its latest tax declaration and shall
submit a copy thereof duly certified by the said Assessor. (RAMO 1-2001)
For shares of stocks, it will be based on the net capital gains realized from the
sale, barter, exchange or other disposition of shares of stocks in a domestic
corporation, considered as capital assets not traded through the local stock
exchange.
12) What are the applicable tax rates of Capital Gains Tax under the National
Internal Revenue Code of 1997?
a) Real Properties - 6 %
b) For Shares of Stocks not Traded in the Stock Exchange, on the net Capital
Gains
- Not over P100,000 - 5%
- Any amount in excess of P100,000 - 10%
13) Who are required to file the Final Capital Gains Tax return?
Every person, whether natural or juridical, resident or non-resident, including
estates and trusts, who sells, transfers, exchanges or disposes real properties
located in the Philippines classified as capital assets, including pacto de retro
sales and other forms of conditional sales or shares of stocks in domestic
corporations not traded through the local stock exchange classified as capital
assets.
14) What is the procedure in the filing of Final Capital Gains Tax return?
File the Final Capital Gains Tax return in triplicate (two copies for the BIR and
one copy for the taxpayer) with the Authorized Agent Bank (AAB) in the
Revenue District where the seller or transferor is registered, for shares of stocks
or where the property is located, for real property. In places where there are no
AAB, the return will be filed directly with the Revenue Collection Officer or
Authorized City or Municipal Treasurer.

15) Who/what are considered exempt from the payment of Final Capital Gains
Tax?

Dealer in securities, regularly engaged in the buying and selling


of securities

An entity exempt from the payment of income tax under existing


investment incentives and other special laws

An individual or non-individual exchanging real property solely


for shares of stocks resulting in corporate control

A government entity or government-owned or controlled


corporation selling real property

If the disposition of the real property is gratuitous in nature

Where the disposition is pursuant to the CARP law

16) Who are conditionally exempt from the payment of Final Capital Gains Tax?
Natural persons who dispose their principal residence, provided that the
following criteria are met:

The proceeds of the sale of the principal residence have been


fully utilized in acquiring or constructing new principal residence
within eighteen (18) calendar months from the date of sale or
disposition;

The historical cost or adjusted basis of the real property sold or


disposed will be carried over to the new principal residence built
or acquired;

The Commissioner has been duly notified, through a prescribed


return, within thirty (30) days from the date of sale or disposition
of the persons intention to avail of the tax exemption;

Exemption was availed only once every ten (10) years; and

There is no full utilization of the proceeds of sale or disposition.

The portion of the gain presumed to have been realized from the
sale or disposition will be subject to Capital Gains Tax.

In case of sale/transfer of principal residence, the


Buyer/Transferee shall withhold from the seller and shall deduct
from the agreed selling price/consideration the 6% capital gains
tax which shall be deposited in cash or managers check in
interest-bearing account with an Authorized Agent Bank (AAB)
under an Escrow Agreement between the concerned Revenue
District Officer, the Seller and the Transferee, and the AAB to the
effect that the amount so deposited, including its interest yield,
shall only be released to such Transferor upon certification by the
said RDO that the proceeds of the sale/disposition thereof has, in
fact, been utilized in the acquisition or construction of the
Seller/Transferors new principal residence within eighteen (18)
calendar months from date of the said sale or disposition. The
date of sale or disposition of a property refers to the date of
notarization of the document evidencing the transfer of said
property. In general, the term Escrow means a scroll, writing or
deed, delivered by the grantor, promisor or obligor into the hands
of a third person, to be held by the latter until the happening of a
contingency or performance of a condition, and then by him
delivered to the grantee, promise or obligee.

17) What is a Certificate Authorizing Registration?


Certificate Authorizing Registration (m) is a certification issued by the
Commissioner or his duly authorized representative attesting that the transfer
and conveyance of land, buildings/improvements or shares of stock arising from
sale, barter or exchange have been reported and the taxes due inclusive of the
documentary stamp tax, have been fully paid.
CARs shall now have a validity of one (1) year from date of issue. In case of
failure to present the same to the Registry of Deeds (RD) within the one (1) year
period, the same shall be presented for revalidation to the District Office where
the CAR was issued. The revalidation, evidenced by stamping the phrase
"revalidated on __________ to expire on ___________" in a conspicuous space
in the CAR, shall be good for another one-year period, after which the CAR
losses its validity. (RMO 15-2003)

Document
ary Stamp
Tax

Contents

Description

Tax Form

Documentary Requirements

Tax Rates

Procedures

Deadlines

Related Revenue Issuances

Codal Reference

Frequently Asked Questions

Description
Documentary Stamp Tax is a tax on documents, instruments, loan agreements
and papers evidencing the acceptance, assignment, sale or transfer of an
obligation, right or property incident thereto.
Tax Form

BIR Form 2000 (Documentary Stamp Tax Declaration Return)


Documentary Requirements
1) Photocopy of document(s) to which the documentary stamp shall be affixed,
in case of constructive affixture of Documentary Stamp Tax
2) For metering machine users, a schedule of the details of usage or
consumption of documentary stamp
3) Proof of exemption under special law, if applicable
4) Duly approved Tax Debit Memo, if applicable
Tax Rates
Tax
Code
Section
174

175

176

Document

Taxable Unit

Debentures and P200.00 or


Certificates of fraction
Indebtedness
thereof

Tax Due % of
Per Unit Unit
P1.50

P200.00 or
Original Issue of fraction
Shares of Stock thereof
with par value
2.00
P200.00 or
Original Issue of fraction
2.00
Shares of Stock thereof based
without par
on actual
value
consideratio
n
Sales,
P200.00 or
Agreements to fraction
Sell, Memoranda thereof
of Sales,
Deliveries or
Transfer of Duebills, Certificate
of Obligation, or

1.50

.75%

1%
1%

Taxable Base
Face value of
Document

Par value of shares


of stocks actual
consideration for the
issuance of shares of
stocks

.75% Par value of such


due-bills, certificate
of obligation or
stocks

Shares or
Certificates of
Stock

177

Bonds,
Debentures,
Certificate of
P200.00 or
Stock or
fraction
Indebtedness
thereof
issued in foreign
Countries

1.50

Par value of such


.75% bonds, debentures or
Certificate of Stocks

178

Certificate of
Profits or
Interest in
Property or
Accumulation

.50

Face value of such


.25% certificate /
memorandum

179

Bank Checks,
Drafts,
Certificate of
On each
Deposit not
Document
bearing interest
and other
Instruments

1.50

180

Bonds, Loan
Agreements,
Promissory
Notes, Bills of
Exchange,
Drafts,
Instruments and
Securities Issued
by the
Government or
P200.00 or
any of its
fraction
Instrumentalities
thereof
, Deposit
Substitutes Debt
Instrument,
Certificates of
Deposit bearing
interest and
others not
payable on sight
or demand
(except loan

.30

P200.00 or
fraction
thereof

Face value of the


.15% instrument/documen
t

agreement or
promissory notes
exceeding
P250,000.00 for
personal use or
family use)

.30

Face value of such


bill of exchange or
order or the
.15%
equivalent of such
value, if expressed
in foreign currency

182

Foreign Bills of P200.00 or


Exchange and fraction
Letter of Credit thereof

.30

Face value of such


bill of exchange or
order or the
.15%
equivalent of such
value, if expressed
in foreign currency

183

Life Insurance
Policies

P200.00 or
fraction
thereof

.50

.25%

184

P4.00
Policies Of
premium or
Insurance upon
.50
fraction
Property
thereof

12.5% Premium charged

185

Fidelity Bonds
and other
Insurance
Policies

12.5% Premium charged

186

Policies of
P200.00 or
Annuities,
fraction
Annuity or other
thereof
instruments

1.50

75%

Capital of annuity,
or if unknown 33
1/3 times the annual
income

186

P500.00 or
Pre-Need Plans fraction
thereof

.50

.10%

Value or amount of
the Plan

187

Indemnity
Bonds

.30

7.5% Premium charged

181

188

Bills of
Exchange or
P200.00 or
order drawn in
fraction
foreign country
thereof
but payable in
the Philippines

Certificates of
Damage or
otherwise and

P4.00
premium or
.50
fraction
thereof

P4.00 or
fraction
thereof
Each
Certificate

15.00

Amount Insured by
the Policy

Certificate or
document issued
by any customs
officers, marine
surveyor, notary
public and
certificate
required by law
or by rules and
regulations of a
public office
189

Warehouse
Receipts (except
Each Receipt 15.00
if value does not
exceed P200.00)
P1.00 cost of
ticket and

190

Jai-alai, Horse
Race Tickets,
lotto or Other
Authorized
Number Games

Additional
P0.10 on
every P1.00
.10
or fraction
thereof if
cost of ticket
exceeds
P1.00

10%

Bills of Lading
or Receipts
191

193
194

(except charter
party)

Each Proxy 15.00

Powers of
Attorney

Each
Document

5.00

Lease and other


Hiring
agreements of
memorandum or
contract for hire,
use or rent of
any land or
tenements or
portions thereof

First 2,000

3.00

For every
1.00
P1,000 or
fractional
part thereof
in excess of
the first
P2,000 for

1.5%
1%

Cost of the ticket

each year of
the term of
the contract
or agreement
First 5,000

195

196

197

Mortgages
On each
20.00
Pledges of lands, P5,000 or
estate, or
fractional
10.00
property and
part thereof
Deeds of Trust in excess of
5,000
Deed of Sale,
instrument or
writing and
Conveyances of
Real Property
(except grants,
patents or
original
certificate of the
government)

First 1,000

Charter parties
and Similar
Instruments

1,000 tons
and below

For each
15.00
additional
P1,000 or
fractional
15.00
part thereof
in excess of
P1,000
P500.00
for the
first 6
months
PlusP50
each
month
or
fraction
thereof
in
excess
1,001 to
10,000 tons of 6
months

P1,000
for the

.4%

Amount Secured

.2%

Amount Secured

Consideration or
1.5% Fair Market Value,
whichever is higher
1.5% (if government is a
party, basis shall be
the consideration)

first 6
months
Plus
P100
each
Over 10,000 month
or
tons
fraction
thereof
in
excess
of 6
months

P1,500
for the
first 6
months
Plus
P150
each
month
or
fraction
thereof
in
excess
of 6
months

Procedures
File BIR Form No. 2000 in triplicate (two copies for the BIR and one copy for
the taxpayer) with the Authorized Agent Bank (AAB) in the Revenue District
where the seller or transferor is registered, for shares of stocks or where the
property is located, for real property. In places where there are no AAB, the
return will be filed directly with the Revenue Collection Officer or Authorized
City or Municipal Treasurer.
Submit all documentary requirements and proof of payment to the Revenue
District Office having jurisdiction over the place of residence of the seller.

Deadlines
The Documentary Stamp Tax return (BIR Form 2000) shall be filed in triplicate
(two copies for the BIR and one copy for the taxpayer) within five (5) days after
the close of the month when the taxable document was made signed, issued,
accepted or transferred; when reloading a metering machine becomes necessary;
or upon remittance by Collection Agents of collection from sale of loose stamps.
The Documentary Stamp Tax shall be paid upon filing of the return.
Related Revenue Issuances
RR No. 6-2001, RMO No. 8-98, RMO No. 15-2001
Codal Reference
Sec. 173 to Sec. 201 of the National Internal Revenue Code
Frequently Asked Questions
1) Who are required to file Documentary Stamp Tax Declaration Return?
a) In case of constructive affixture of documentary stamps, by the persons
making, signing, issuing, accepting or transferring documents, instruments, loan
agreements and papers, acceptances, assignments, sales and conveyances of the
obligation, right or property incident thereto wherever the document is made,
signed, issued, accepted or transferred when the obligation or right arises from
Philippine sources or the property is situated in the Philippines at the same time
such act is done or transaction had;
b) By metering machine user who imprints the Documentary Stamp Tax due on
the taxable documents; and
c) By Revenue Collection Agent, for remittance of sold loose documentary
stamps.
Note: Wherever one party to the taxable document enjoys exemption from the
tax imposed, the other party who is not exempt will be the one directly liable to
file Documentary Stamp Tax Declaration and pay the applicable stamp tax.

2) Where is the Documentary Stamp Tax Declaration Return filed?


In the Authorized Agent Bank (AAB) within the territorial jurisdiction of the
RDO which has jurisdiction over the residence or principal place of business of
the taxpayer or where the property is located in case of sale of real property or
where the Collection Agent is assigned. In places where there is no Authorized
Agent Bank, the return will be filed with the Revenue Collection Officer or duly
authorized City or Municipal Treasurer where the taxpayer's residence or
principal place of business is located or where the property is located in case of
sale of real property or where the Collection Agent is assigned.

3) What are the documents/papers not subject to Documentary Stamp Tax?

Policies of insurance or annuities made or granted by a fraternal


or beneficiary society, order, association or cooperative company,
operated on the lodge system or local cooperation plan and
organized and conducted solely by the members thereof for the
exclusive benefit of each member and not for profit

Certificates of oaths administered by any government official in


his official capacity or acknowledgement by any government
official in performance of his official duty

Written appearance in any court by any government official in his


official capacity

Certificates of the administration of oaths to any person as to the


authenticity of any paper required to be filed in court by any
person or party thereto, whether the proceedings be civil or
criminal

Papers and documents filed in court by or for the national,


provincial, city or municipal governments

Affidavits of poor persons for the purpose of proving poverty

Statements and other compulsory information required of persons


or corporations by the rules and regulations of the national,
provincial, city or municipal government exclusively for
statistical purposes and which are wholly for the use of the
Bureau or office in which they are filed, and not at the instance or

for the use or benefit of the person filing them

Certified copies and other certificates placed upon documents,


instruments and papers for the national, provincial, city or
municipal governments made at the instance and for the sole use
of some other branch of the national, provincial, city or
municipal governments

Certificates of the assessed value of lands, not exceeding P200 in


value assessed, furnished by the provincial, city or municipal
Treasurer to applicants for registration of title to land

4) What are the implications of failure to stamp taxable documents?

The untaxed document will not be recorded, nor will it or any


copy thereof or any record of transfer of the same be admitted or
used in evidence in court until the requisite stamp or stamps have
been affixed thereto and cancelled

No notary public or other officer authorized to administer oaths


will add his jurat or acknowledgment to any document subject to
Documentary Stamp Tax unless the proper documentary stamps
are affixed thereto and cancelled.