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TAX GUIDE ON PHILIPPINE TAXATION

source: http://www.bir.gov.ph/index.php/rulings-and-legal-matters/tax-guide-onphilippine-taxation.html
TAX GUIDE ON PHILIPPINE TAXATION
LAWS
THE CONSTITUTION OF THE PHILIPPINES
(constitutional limitations)

1987 Constitution

Observance of due process of law

Section 1, Article III, Bill


of Rights

Observance of equal protection of the laws

Section 1, Article III, Bill


of Rights

available at the BIR


library

Prohibition against imprisonment for non-payment of Section 20, Article III, Bill
poll tax
of Rights
Prohibition against impairment of obligation of
contracts

Section 10, Article III, Bill


of Rights

Requirement of uniformity and equity in taxation

Section 28, Article VI,


Legislative Department

Prohibition against taxation appropriation for


religious purposes

Section 29, Article VI,


Legislative Department

Prohibition against taxation of religious, charitable


and educational entities(Religious and charitable
institutions exempt from property taxes)

Section 28, Article VI,


Legislative Department

Prohibition against taxation of non-stock , non-profit section 4, Article XVI,


educational institutions and proprietary educational Education
institutions (exempt from property and income taxes
as well as customs duties except income derived
from business activity not related to its educational
purpose)
NATIONAL INTERNAL REVENUE CODE OF 1997

Tax Code

Organization and Function of the Bureau of Internal Title I, NIRC


Revenue

Tax Code

Income Tax

Title II, NIRC

Tax Code

Estate and Donor's Tax

Title III, NIRC

Tax Code

Value Added Tax

Title IV, NIRC

Tax Code

Other Percentage Taxes

Title V, NIRC

Tax Code

Excise Taxes

Title VI, NIRC

Tax Code

Documentary Stamp Tax

Title VII, NIRC

Tax Code

Remedies

Title VIII, NIRC

Tax Code

Compliance Requirements

Title IX, NIRC

Tax Code

Statutory Offenses and Penalties

Title X, NIRC

Tax Code

Allotment of Internal Revenue

Title XI, NIRC

Tax Code

Oversight Committee

Title XII, NIRC

Tax Code

Repealing Provisions

Title XIII, NIRC

Tax Code

Final Provisions

Title XIV, NIRC

Tax Code

Annexes

Tax Code

TARIFF & CUSTOMS CODE ( Taxes on


Importations)

Customs Website

available at the BIR


library

LOCAL GOVERNMENT TAXATION

DILG Website

available at the BIR


library

Local Government Taxation

Book II, Title I

General Provisions

Book II, Title I, Chapter I

Specific Provisions on the Taxing and Other


Revenue-Raising Powers of Local Government
Units

Book II, Title I, Chapter II

Provinces

Book II, Title I, Chapter II,


Art. 1

Municipalities

Book II, Title I, Chapter II,


Art. 2

Cities

Book II, Title I, Chapter II,


Art. 3

Barangays

Book II, Title I, Chapter II,


Art. 4

Common Revenue Raising Powers

Book II, Title I, Chapter II,


Art. 5

Community Tax

Book II, Title I, Chapter II,


Art. 6

Collection of Taxes

Book II, Title I, Chapter III

Civil Remedies for Collection of Revenues

Book II, Title I, Chapter IV

Miscellaneous Provisions

Book II, Title I, Chapter V

Taxpayer's Remedies

Book II, Title I, Chapter VI

Real Property Taxation

Book II, Title II

General Provisions

Book II, Title II, Chapter I

Appraisal and Assessment of Real Property

Book II, Title II, Chapter II

Assessment Appeals

Book II, Title II, Chapter


III

Imposition of Real Property Tax

Book II, Title II, Chapter


IV

Special Levies on Real Property

Book II, Title II, Chapter V

Collection of Real Property Tax

Book II, Title II, Chapter


VI

Disposition of Proceeds

Book II, Title II, Chapter


VII

Special Provisions

Book II, Title II, Chapter


VIII

Share of Local Government Units in the Proceeds of Book II, Title III
the National Taxes
Allotment of Internal Revenue

Book II, Title III, Chapter I

Share of Local Government Units in the National


Wealth

Book II, Title III, Chapter


II

SPECIAL LAWS
Omnibus Investment Code

NEDA Website

available at the BIR


library

PEZA Website

available at the BIR


library

BCDA Website

available at the BIR


library

BOI Website

available at the BIR


library

(Executive Order 226 as amended by RA 7888,


7918 and 8756)
Philippine Economic Zone Authority
(Republic Act 7916 as amended by RA 8748)
Bases Conversion & Development Act
(Republic Act 7227)
Foreign Investment Act of 1991
(Republic Act 7042 as amended by RA 8179)
Foreign Bank Liberalization Act

available at the BIR


library

(Republic Act 7721)


Build Operate Transfer Act

BOI Website

available at the BIR


library

DTI Website

available at the BIR


library

DTI Website

available at the BIR


library

(Republic Act 6957 as amended by RA 7718)


Retail Trade Liberalization Act of 2000
(Republic Act 8762)
Export Development Act of 1994
(Republic Act 7844)
Oil Industry Deregulation Act

available at the BIR


library

(Republic Act 8180 as amended by RA 8479)


Zamboanga City Special Economic Zone Act

PEZA Website

available at the BIR


library

PEZA Website

available at the BIR


library

(Republic Act 7903)


Cagayan Special Economic Zone Act of 1995
(Republic Act 7922)
Alien Social Integration Act

available at the BIR


library

(Republic Act 7919 as amended by RA 8247)


Magna Carta for Small and Medium Enterprise
(Republic Act 6977 as amended by RA 8289)

available at the BIR


library

Special Purpose Vehicle Act

available at the BIR


library

(Republic Act 9182)

ADMINISTRATIVE MATERIALS
Revenue Regulations -

BIR Website

1960s-2002

available at the BIR


library

1998

available at the BIR


library

1999

available at the BIR


library

2000

available at the BIR


library

2001

available at the BIR


library

2002

available at the BIR


library

2003

available at the BIR


library

Revenue Memorandum Circulars

BIR Website

1960s-2002

available at the BIR


library

2001

available at the BIR


library

2002

available at the BIR


library

2003

available at the BIR


library

Revenue Memorandum Orders

BIR Website

1960s-2002

available at the BIR


library

1998

available at the BIR


library

1999

available at the BIR


library

2000

available at the BIR


library

2001

available at the BIR


library

2002

available at the BIR


library

Revenue Memorandum Ruling


2001

BIR Website
available at the BIR
library

2002

available at the BIR


library

ADMINISTRATIVE RULINGS/OPINIONS
BIR Numbered Rulings

BIR Website

1960s-2002

available at the BIR


library

1998

available at the BIR


library

1999

available at the BIR


library

2000

available at the BIR


library

2001

available at the BIR


library

VAT Rulings

available at the BIR


library

Delegated Authority Rulings

available the Law Division

Regional Rulings

available at the Regional


Offices

CASE LAW
Supreme Court Decisions

Supreme Court Website

Court of Tax Appeals Decisions


Court of Appeals Decisions

TREATIES
Philippine Treaty Series

available at the BIR


Library and ITAD

Vienna Convention

available at the BIR


Library and ITAD

UNESCO-Florence Agreement

available at the BIR


Library and ITAD

RP-CARE Agreement

available at the BIR


Library and ITAD

RP-UNICEF Agreement

available at the BIR


Library and ITAD

RP-IBRD Agreement

available at the BIR


Library and ITAD

RP-ILO Agreement

available at the BIR


Library and ITAD

RP-FAO Agreement

available at the BIR


Library and ITAD

PERIODICALS AND OTHER REFERENCES

Philippine Revenue Journal (up to year 2000)

available at the BIR


Library

BIR Tax Bulletin

available at the BIR


Library

BIR Annual Report

BIR Website

available at the BIR


Library

Taxpayer's Rights and Obligations

BIR Website

available at the BIR


Library

Zonal Valuation

BIR Website

available at the BIR


Library and Zonal
Valuation Division

NTRC Tax Research Journal

available at the BIR


Library

BIR APPLICABLER FORMS


Source: http://www.bir.gov.ph/index.php/bir-forms.html
FORM NO.
0605
1600WP

FORM TITLE
Payment Form
Remittance Return of Percentage Tax on Winnings and Prizes Withheld by Race Track
Operators

1601C

Monthly Remittance Return of Income Taxes Withheld on Compensation

1601E

Monthly Remittance Return of Creditable Income Taxes Withheld (Expanded)

1601F

Monthly Remittance Return of Final Income Taxes Withheld

1602

Monthly Remittance Return of Final Income Taxes Withheld (On Interest Paid on Deposits and
Yield on Deposit Substitutes/Trusts/Etc.)

1604CF

Annual Information Return of Income Tax Withheld on Compensation and Final Withholding
Taxes

1604E

Annual Information Return of Creditable Income Taxes Withheld (Expanded)/ Income


Payments Exempt from Withholding Taxes

1606

Withholding Tax Remittance Return (For Transactions Involving Real Property other than
Capital Asset including Taxable and Exempt)

1701-AIF

Account Information Form (AIF) for Self-employed Individuals, Estates and Trusts (engaged in
trade and business)

1702-AIF

Account Information Form (AIF) For Corporations and Partnerships in General

1900

Application to Use Loose-Leaf / Computerized Books of Accounts and/or Accounting Records

1901

Application for Registration for Self-Employed and Mixed Income Individuals, Estates/Trusts

1902

Application for Registration For Individuals Earning Purely Compensation Income, and NonResident Citizens / Resident Alien Employee

1903

Application for Registration for Corporations/ Partnerships (Taxable/Non-Taxable)

1904

Application for Registration for One-Time Taxpayer and Persons Registering under E.O. 98
(Securing a TIN to be able to transact with any Government Office)

1905

Application for Registration Information Update for Updating / Cancellation of Registration /


Cancellation of TIN / New Copy of TIN card / New copy of Certificate of Registration

1906

Application for Authority to Print Receipts and Invoices

1907

Application for Permit to Use Cash Register machines/Point-of-Sale Machine

2000

Documentary Stamps Tax Declaration/ Return

2000-OT
2110
2200 A

Documentary Stamp Tax Declaration/Return (One Time Transactions)


Application for Abatement or Cancellation of Tax, Penalties and/or Interest Under Rev. Reg.
No. ______
Excise Tax Return for Alcohol Products

2200 AN

Excise Tax Return for Automobiles and Non-Essential

2200 M

Excise Tax Return for Mineral Products

2200 P

Excise Tax Return for Petroleum Products

2200 T

Excise Tax Return for Tobacco Products

2304

Certificate of Income Payment Not Subject to Withholding Tax (Excluding Compensation


Income)

2305

Certificate of Update of Exemption and of Employer's and Employee's Information

2306

Certificate of Final Income Tax Withheld

2307

Certificate of Creditable Tax Withheld at Source

2316

Certificate of Compensation Payment / Tax Withheld For Compensation Payment With or


Without TAx Withheld

Various BIR PAYMENT FORMS http://www.bir.gov.ph/index.php/bir-forms/paymentremittance-forms.html#prf0605


Payment Form
BIR Form No.
0605
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(Zipped
Excel) | (PDF)

Description
This form is to be accomplished every time a taxpayer pays taxes and fees which do not require
the use of a tax return such as second installment payment for income tax, deficiency tax,
delinquency tax, registration fees, penalties, advance payments, deposits, installment payments,
etc.
Filing Date
This
form
shall
be
accomplished:
1 Every time a tax payment or penalty is due or an advance payment is made;
2. Upon receipt of a demand letter / assessment notice and/or collection letter from the BIR; and
3. Upon payment of annual registration fee for a new business and for renewals on or before
January 31 of every year.

BIR Form No.


0611-A
(PDF)

Payment Form Covered by a Letter Notice


Description
This form shall be used by any person, natural or juridical, including estates and trusts, who
are issued Letter Notices generated through the following third-party information (TPI)data
matching programs:
1. Reconciliation of Listings for Enforcement (RELIEF)/Bureau of Customs (BOC) Data
Program; and
2. Tax Reconciliation Systems (TRS).
Filing Date

BIR Form No.


0613

Payment Form - Under Tax Compliance Verification Drive/Tax Mapping


Description

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This form shall be used in paying penalties assessed under the Tax Compliance Verification
Drive/Tax Mapping.
Filing Date
This form shall be accomplished everytime a penalty is due.

BIR Form No.


1600

Monthly Remittance Return of Value-Added Tax and Other Percentage Taxes


Withheld under RAs 1051, 7649, 8241, 8424 and 9337

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Description

(Zipped
Excel) |(PDF)

This return shall be filed in triplicate by the following:


1. All government offices, bureaus, agencies or instrumentalities, local government units,
government owned and controlled corporation on money payments made to private
individuals, corporations, partnerships, associations and other juridical/artificial entities as
required under RA Nos. 1051, 7649, 8241, 8424 and 9337.
2. Payors to non-residents receiving income subject to value-added tax.
3. Payors to VAT registered taxpayers receiving income subject to value-added tax.
4. Payors to persons, natural or juridical, subject to percentage tax under Sec. 116 of the
Tax Code, (ATC 082 & 084), if the taxpayer-payee opts to remit his percentage tax through
the withholding and remittance of the same by the withholding agent-payor which option is
manifested by filing the "Notice of Availment of the Option to Pay the Tax through the
Withholding Process", copy-furnished the withholding agent-payor and the Revenue District
Offices of both the payor and payee.
Filing Date

The withholding tax return shall be filed and the tax paid on or before the tenth (10th) day
of the month following the month in which withholding was made.

BIR Form No.


1600WP

Remittance Return of Percentage Tax on Winnings and Prizes Withheld by Race


Track Operators

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Description

(Zipped
Excel) |(PDF)

This return shall be in filed in triplicate by operators of race tracks for remittance of
withholding of percentage tax on race horse prizes and winnings on horse racing bets.
Filing Date
The withholding tax return shall be filed/and the tax paid within twenty (20) days from the
date the tax was deducted and withheld.

BIR Form No.


1601C
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Monthly Remittance Return of Income Taxes Withheld on Compensation


Description
This return is filed by every Withholding Agent (WA)/payor who is either an individual or
non-individual, required to deduct and withhold taxes on compensation paid to employees.
Filing Date
For the months of
January to November

A) Large and Nonlarge Taxpayer

To (Manual)

To
(EFPS)

On or before the tenth (10th) day of In accordance with the


the month following the month in schedule set forth in RR No.
which withholding was made
26-2002 as follows:
Group A : Fifteen (15) days
following end of the month
Group B : Fourteen (14) days
following end of the month
Group C : Thirteen (13) days
following end of the month
Group D : Twelve (12) days
followingend of the month
Group E : Eleven (11) days
followingend of the month

For the month of


December

A) Large and Nonlarge Taxpayer

To
(EFPS)

To (Manual)

On or before January 15 of In accordance with the schedule set forth


the following year
in RR No. 26-2002 as follows:
Group A : Fifteen (15) days following end
of the month
Group B : Fourteen (14) days following
end of the month
Group C : Thirteen (13) days following
end of the month
Group D : Twelve (12) days following end
of the month
Group E : Eleven (11) days following end
of the month

BIR Form No.


1601E

Monthly Remittance Return of Creditable Income Taxes Withheld (Expanded)


Description

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(Zipped Excel)

This return is filed by every Withholding Agent (WA)/payor who is either an individual or
non-individual, required to deduct and withhold taxes on income payments subject to
Expanded / Creditable Withholding Taxes.
Filing Date
Manual

Large and
Non-large
Taxpayer

On or before the tenth (10th) day of the month


following the month in which withholding was made
except for taxes withheld for the month of December
which shall be filed on or before January 15 of the
succeeding year.

EFPS

In accordance with
the schedule set forth
in RR No. 26-2002 as
follows:
Group A : Fifteen (15)
days following end of
the month
Group B : Fourteen
(14) days following
end of the month
Group C : Thirteen
(13) days following
end of the month
Group D : Twelve (12)

days following end of


the month
Group E : Eleven (11)
days following end of
the month

Monthly Remittance Return of Final Income Taxes Withheld


BIR Form No.
1601F
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Excel) | (PDF)

Description
This return is filed by every Withholding Agent (WA)/payor who is either an individual or nonindividual, required to deduct and withhold taxes on income payments subject to Final
Withholding Taxes.
Filing Date

For
A) Large and
Non-large
Taxpayer

Manual

EFPS

On or before the tenth (10th) day of the In accordance with the


month following the month in which schedule set forth in RR No. 26withholding was made
2002 as follows:
Group A : Fifteen (15) days
following end of the month
Group B : Fourteen (14) days
following end of the month
Group C : Thirteen (13) days
following end of the month
Group D : Twelve (12) days
followingend of the month
Group E : Eleven (11) days
followingend of the month

BIR Form No.


1602

Monthly Remittance Return of Final Income Taxes Withheld (On Interest Paid on Deposits and
Yield on Deposit Substitutes/Trusts/Etc.)

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Description

(Zipped
Excel) | (PDF)

This return is filed by all banks, non-bank financial intermediaries, finance corporations,
investment and trust companies and similar institutions for final income tax withheld on interest
paid/accrued on deposit and yield or any other monetary benefit from deposit substitutes and
from trust fund and similar arrangements.
Filing Date

Manual

EFPS

Large and
Non-large
Taxpayer

On or before the tenth (10th) day of the month


following the month in which withholding was made
except for taxes withheld for the month of December
which shall be filed on or before January 15 of the
succeeding year.

In accordance with
the schedule set forth
in RR No. 26-2002 as
follows:
Group A : Fifteen (15)
days following end of
the month
Group B : Fourteen
(14) days following
end of the month
Group C : Thirteen
(13) days following
end of the month
Group D : Twelve (12)
days following end of
the month
Group E : Eleven (11)
days following end of
the month

BIR Form No.


1603

Quarterly Remittance Return of Final Income Taxes Withheld (On Fringe Benefits Paid to
Employees Other than Rank and File)
Description

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This return is filed by every Withholding Agent (WA / payor) who is either an individual or nonindividual, required to deduct and withhold taxes on fringe benefits furnished or granted to
employees other than rank and file employees subject to Final Withholding Taxes.
Filing Date

To (Manual)
On or before the tenth (10th) day of the
month following the quarter in which the
withholding was made

To (EFPS)
On or before the fifteenth (15th) day of the
month following the quarter in which the
withholding was made

BIR Form No.


1604CF

Annual Information Return of Income Tax Withheld on Compensation and Final


Withholding Taxes

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Description

(Zipped
Excel) |(PDF)

This return is filed by every employer or withholding agent/payor who is either an


individual, estate, trust, partnership, corporation, government agency and instrumentality,
government-owned and controlled corporation, local government unit and other juridical
entity required to deduct and withhold taxes on compensation paid to employees and on
other income payments subject to Final Withholding Taxes.

Filing Date
On or before January 31 of the year following the calendar year in which the compensation
payment and other income payments subject to final withholding taxes were paid or
accrued.

BIR Form No.


1604E

Annual Information Return of Creditable Income Taxes Withheld (Expanded)/


Income Payments Exempt from Withholding Taxes

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Description

(Zipped
Excel) |(PDF)

This return is filed by every withholding agent/payor who is either an individual, estate,
trust, partnership, corporation, government agency and instrumentality, governmentowned and controlled corporation, local government unit and other juridical entity required
to deduct and withhold taxes on income payments subject to Expanded Withholding Taxes,
or making income payments not subject to withholding tax but subject to income tax.
Filing Date
On or before March 1 of the year following the calendar year in which the income payments
subject to expanded withholding taxes or exempt from withholding tax were paid or
accrued.

BIR Form No.


1606

Withholding Tax Remittance Return (For Transactions Involving Real Property


other than Capital Asset including Taxable and Exempt)

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Description

(Zipped
Excel) |(PDF)

This return is filed by every Withholding Agent/Buyer on the sale, transfer or exchange of
real property classified as ordinary asset.
Filing Date
This return is filed on or before the tenth (10th) day following the end of the month in which
the transaction occurred. Provided, however, that taxes withheld in December shall be filed
on or before January 25 of the following year. Provided, that large taxpayers as determined
by the Commissioner shall file/pay on or before the 25th day of the following month.

Filing Date FOR 1601- C - Monthly Remittance Return of Income Taxes Withheld on Compensation
For the months of
January to November

A) Large and Nonlarge Taxpayer

To (Manual)

To
(EFPS)

On or before the tenth (10th) day of In accordance with the


the month following the month in schedule set forth in RR No.
which withholding was made
26-2002 as follows:
Group A : Fifteen (15) days

following end of the month


Group B : Fourteen (14) days
following end of the month
Group C : Thirteen (13) days
following end of the month
Group D : Twelve (12) days
followingend of the month
Group E : Eleven (11) days
followingend of the month

For the month of


December

A) Large and Nonlarge Taxpayer

To (Manual)

To
(EFPS)

On or before January 15 of In accordance with the schedule set


the following year
forth in RR No. 26-2002 as follows:
Group A : Fifteen (15) days following end
of the month
Group B : Fourteen (14) days following
end of the month
Group C : Thirteen (13) days following
end of the month
Group D : Twelve (12) days following end
of the month
Group E : Eleven (11) days following end
of the month

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