Professional Documents
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Documentary Stamp Tax is essentially an excise tax; it is not an imposition on the document itself but on the privilege to enter into a taxable transaction. It is
imposed against the person making, signing, issuing, accepting, or transferring" the document or facility evidencing the transactions. Thus, in general, it may be
imposed on the transaction itself or upon the document underlying such act. Any of the parties thereto shall be liable for the full amount of the tax due. As
between themselves, the said parties may agree on who shall be liable or how they may share on the cost of the tax.
If one party is exempt from DST: Whenever one of the parties to the taxable transaction is exempt from the DST, the other party thereto who is not exempt shall
be the one directly liable for the tax.
All bonds, debentures, certificates of stock, or Such tax as is required by law on similar instruments when
certificates of indebtedness issued in any foreign issued, sold or transferred in the Philippines.
country.
All certificates of profits, or any certificate or P0.50 for each P200, or fractional part thereof, of the P1 for each P200
memorandum showing interest in the property or face value of such certificate or memorandum.
accumulations of any association, company or
corporation, and on all transfers of such certificates
or memoranda,
Every original issuance of debt instruments P1.00 on each P200, or a fractional part thereof, of the P1.50 on each P200
issue price of any such debt instrument.
All bills of exchange (between points within the P0.30 on each P200, or fractional part thereof, of the P0.60 on each P200
Philippines) or drafts face value of any such bill of exchange or draft.
Any acceptance or payment of any bill of exchange P0.30 on each P200, or fractional part thereof, of the P0.60 on each P200
or order for the payment of money purporting to be face value of any such bill of exchange, or order, or the
drawn in a foreign country but payable in the Philippine equivalent of such value, if expressed in foreign
Philippines currency.
All foreign bills of exchange and letters of credit P0.30 on each P200, or fractional part thereof, of the P0.60 on each P200
(including orders, by telegraph or otherwise, for the face value of any such bill of exchange or letter of
payment of money issued by express or steamship credit, or the Philippine equivalent of such face value, if
companies or by any person or persons) drawn in expressed in foreign curren
but payable out of the Philippines in a set of three
(3) or more according to the custom of merchants
and bankers
All policies of insurance or other instruments by One time DST at the following rates: All rates doubled
whatever name the same may be called, whereby any
insurance shall be made or renewed upon any life or Amount of insurance DST
lives. Does not exceed P100,000 Exempt
>P100,000 – P300,000 P10.00
>P300,000 – P500,000 P25.00
>P500,000 – P700,000 P50.00
>P750,000 – P1,000,000 P75.00
>P1,000,000 P100.00
All policies of insurance or other instruments by P0.50 for each P4.00, or fractional part thereof, of the
whatever name the same may be called, by which amount of premium charged.
insurance shall be made or renewed upon property
of any description, including rents or profits, against No documentary stamp tax shall be collected on
peril by sea or on inland waters, or by fire or reinsurance contracts or on any instrument by which
lightning, cession or acceptance of insurance risks under any
reinsurance agreement is effected or recorded.
All policies of insurance or bonds or obligations of the P0.50 on each P4.00, or fractional part thereof, of the
nature of indemnity for loss, damage or liability made premium charged.
or renewed by any person, association, company or
corporation transacting the business of accident,
fidelity, employer's liability, plate, glass, steam boiler,
burglar, elevator, automatic sprinkler, or other branch
of insurance (except life, marine, inland, and fire
insurance), and all bonds, undertakings, or
recognizances, conditioned for the performance of
the duties of any office or position, for the doing or
not doing of anything therein specified, and on all
obligations guaranteeing the validity or legality of any
bond or other obligations issued by any province, city,
municipality, or other public body or organization, and
on all obligations guaranteeing the title to any real
estate, or guaranteeing any mercantile credits, which
may be made or renewed by any such person,
company or corporation.
All policies of annuities, or other instruments by P0.50 on each P200, or fractional part thereof, of the P1.00 on each P200
whatever name the same may be called, whereby an premium or installment payment or contract price
annuity may be made, transferred or redeemed collected.
All bonds for indemnifying any person, firm or P0.30 on each P4.00. or fractional part thereof, of the
corporation who shall become bound or engaged as premium charged.
surety for the payment of any sum of money or for
the due execution or performance of the duties of any
office or position or to account for money received by
virtue thereof, and on all other bonds of any
description, except such as may be required in legal
proceedings, or are otherwise provided for herein.
Each set of bills of lading or receipts (except charter Rate If the VALUE of the GOODS Rate If the VALUE of the
party) for any goods, merchandise or effects P1.00 Does not exceed P1,000 GOODS
shipped from one port or place in the Philippines to P10.00 Exceeds P1,000 P2 Does not exceed P1,000
another port or place in the Philippines (except on P20 Exceeds P1,000
ferries across rivers), or to any foreign port. Freight tickets covering goods, merchandise or effects
carried as accompanied baggage of passengers on land
and water carriers primarily engaged in the transportation
of passengers are exempt.
Each proxy for voting at any election for officers of P15.00 P30.00
any company or association, or for any other purpose,
except proxies issued affecting the affairs of
associations or corporations organized for religious,
charitable or literary purposes.
Each lease, agreement, memorandum, or contract P3.00 for the first P2,000, or a fractional part thereof, P6.00 for the first P2,000
for hire, use or rent of any lands or tenements, or and an additional P1.00 for every P1,000, or a
portions thereof. fractional part thereof, in excess of P2,000 for each year Additional P2.00 for every P1,000
of the term of said contract or agreement. in excess of the first P2,000
Every mortgage or pledge, of lands, estate, or When the amount DST rate When the DST rate
property, real or personal, heritable or movable, secured amount secured
whatsoever, where the same shall be made as a Does not exceed P5,000 P20.00 Does not exceed P40.00
security for the payment of any definite and certain Exceeds P5,000 Additional tax of P10.00 P5,000
sum of money lent at the time or previously due and on each P5,000 in Exceeds P5,000 Additional tax
owing or forborne to be paid, being payable, and on excess, or a fractional of P20.00 on
any conveyance of land, estate, or property part thereof. each P5,000 in
whatsoever, in trust or to be sold, or otherwise excess, or a
converted into money which shall be and intended fractional part
only as security, either by express stipulation or thereof.
otherwise.
All conveyances, deeds, instruments, or writings, Based on the fair market value (Zonal Value or FMV No change in rate
other than grants, patents or original certificates of determined by the local assessor), the DST rates are:
adjudication issued by the Government, whereby Now includes donations
any land, tenement or other realty sold shall be Basis Rate
granted, assigned, transferred or otherwise Does not exceed P1,000 P15
conveyed to the purchaser, or purchasers, or to any For each P1,000, or a fractional part in P15
other person or persons designated by such excess of the first P1,000
purchaser or purchasers.
When one of the contracting parties is the Government,
the tax herein imposed shall be based on the actual
consideration.
Each and every assignment or transfer of any At the same rate as that imposed on the original
mortgage, lease or policy of insurance, or the instrument.
renewal or continuance of any agreement, contract,
charter, or any evidence of obligation or
indebtedness by altering or otherwise.
DST ON ORIGINAL ISSUANCE OF SHARES: is imposed on the privilege of issuing shares of stock. The shares are considered issued upon the acquisition of
the stockholder of the attributes of ownership over the shares (the right to vote, the right to receive dividends, the right to dispose, etc. notwithstanding the
restrictions on the exercise of any of these rights may be imposed by the Corporation’s articles and by-laws, the SEC, stockholder agreement, court order, etc.),
which acquisition of such attributes of ownership shall be manifested by the acceptance by the Corporation of the stockholder’s subscription to its shares of stock.
The entire shares of stock subscribed are considered issued for the purpose of the DST, even if not fully paid. The delivery of the certificates of stock to stockholders
is not essential for the DST to accrue.
DST ON TRANSFER OF SHARES: all transfers of shares of stock are subject to DST upon execution of the deed transferring ownership or rights thereto, or
upon delivery, assignment or indorsement of such shares in favor of another. No transfer of shares stock shall be recorded unless the DST thereon has been dily
paid for.
Actual or constructive transfer necessary: For a sale or exchange to be taxable, there must be an actual or constructive transfer of beneficial ownership of the
shares of stock from person to another. Such transfer may be manifested by the clear exercise of attributes of ownership over such stocks by the transferee, or
by an actual entry of a change in the name appearing in the certificate of stock or in the Stock and Trasnfer Book of the issuing corporation or by any entry
indicating transfer of beneficial ownership in any form of registry including those of a duly authorized scripless registry, such as those maintained by the PSE.
Transfer to new trustee - exempt: if by the transfer of certificates of stock from a resigned trustee to a newly appointed trustee such certificate of stock remain
in the name of the cestui que trust or the resigned trustee so that the new trustee is constituted as mere depository of the stock, such transfer is not taxable.
Transfer of shares to “nominees” - exempt: transfer of shares to “nominees” to qualify them to sit in the board or to qualify them to perform any act in relation
to the corporation shall not be subject to DST upon proof of a duly executed Nominee Agreement showing the purpose of the transfer; that the transfer is without
consideration other than the undertaking of the nominee to only represent the beneficial owner of the stock; and the transfer is in trust.
Agreements to sell shares of stock – taxable: agreements to sell shares of stock are also subject to DST. It is not only actual sales or tranfers that are taxable but
also agreements to sell such stock or executory contracts for the sale or transfer of shares of stock. However, if the DST has been paid on the agreement to sell
or memoranda of sale, the actual sale or transfer of the stocks pursuant to the agreement will no longer be subject to DST.
ALL DEBT INSTRUMENTS: representing borrowing and lending transactions are now covered and subject to DST. “debentures and certificates of indebtedness”
and “due bills and certificates of obligation” used to be found under separate provisions are now incorporated under this classification and rate.
“Debt Instrument” shall mean instruments representing borrowing and lending transactions including but not limited to:
a. Debentures
b. Certificates of Indebtedness
c. Due Bills
d. Bonds
e. Loan Agreements, including those signed abroad wherein the object of the contract is located or used in the Philippines
f. Instruments and Securities issued by the Government or any of its instrumentalities
g. Deposit Substitute Debt Instruments
h. Certificates or Other Evidences of Deposits that are drawing interest significantly higher than the regular savings deposit taking into consideration the size of
the deposit and the risks involved
i. Certificates or Other Evidences of Deposits that are drawing interest and having a specific maturity date
j. Orders for payment of any sum of money otherwise than at sight or on demand
k. Promissory Notes, whether negotiale or non-negotiable, except bank notes issued for circulation.
Sale of Debt Instruments in the Secondary Market – exempt: the DST on debt instruments shall be imposed only on every original issue and the tax shall be based
on the issue price thereof. Hence, sale of debt instruments in the secondary market will not be subject to the DST.
Computation of DST:
1. If the term of the debt instrument is less than 1 year, the DST shall be computed taking into consideration the number of days that the instrument is
outstanding as a fraction of 365 days.
ILLUSTRATION: On 2017, a promissory note in the amount of P100,000 is issued with a term of 90 days. The DST due is computed as P100,000/P200 = 500
* P1.00 (now P1.50 under the TRAIN) = P500 * 90/365 = P123.29 or P123.30 (rounded off to the nearest centavo)
2. If the term is 1 year or longer, the DST due shall be computed based on the issue price of the debt instrument
ILLUSTRATION: On 2017, a promissory note in the amount of P100,000 is issued with a term of 2 years. The DST due is computed as P100,000/P200 = 500
* P1.00 (now P1.50 under the TRAIN) = P500. (Not multiplied by 2)
*“Significantly Higher” connotes that the interest rate is at least 50% higher than the lowest interest rate given by the bank or financial institution on any of its
deposit, whether the same be savings/demand deposit.
Deposits not subject to DST: are regular or ordinary demand and savings deposits which are withdrawable upon demand by the depositor AND earning rates of
interest based on prevailing market rates, irrespective of the amount deposited.
DST ON LIFE INSURANCE: the DST on life insurance policies shall be due and collected every time there is an insurance premium collection on such policy,
including premiums paid/collected beyond the year the policy was take out.
“Insurance Premium Collection” shall include not only those premiums paid or remitted by the insured directly, but shall also include premiums paid for by applying
cash surrender value, dividend earned, other modes of payment, whether on the original policy or amendments thereto.
Increase in coverage from year to year or additional riders attached to existing policy shall be deemed a new issuance and premiums relating thereto whether
paid or remitted are subject to DST.
Derivatives exempted from DST shall refer only to those derivatives issued by entities duly licensed by the bSP to issue and trade in derivatives, and whose
issuance is duly authorized by the BSP.
Section 40(C)(2) of the Tax Code refers to exempt transfers of real property in exchange for shares of stock resulting in control. Note, however, that the
issuance of shares in exchange for such real property is subject to the DST on original issuance of shares.
n. Interbank call loans with maturity of not more than seven (7) days to cover deficiency in reserves against deposit liabilities, including those between or
among banks and quasi-banks.
The purpose of the loan must be strictly to cover the deficiency in reserves against deposit liabilities for the exemption to apply. If the purpose is otherwise,
the same shall be subject to the DST on debt instruments.
ELECTRONIC DOCUMENTS: are likewise subject to the DST where no exemption, as mentioned above, applies. Note that under the Electronic Commerce Act,
electronic documents are the functional equivalent of a written document under existing laws, and the issuance thereof is tantamount to the issuance of a written
document and therefor subject to DST.
SINGLE CONTINUOUS TRANSACTION: refers to transactions consisting of a single act and a single purpose but which may have as its component more than
one taxable transaction, if taken separately.
Loan Transactions with Security: Note that Section 179 of the Tax Code provides that only one DST shall be imposed on either loan agreement or promissory note
issued to secure such loan, whichever is higher.
Sec. 8 of RR No. 9-1994 provides that where only one instrument was prepared, made, signed and executed to cover a loan agreement/promissory note,
pledge/mortgage, the DST shall be paid and computed in the full amount of the loan or credit granted. In this regards, the instrument shall be treated as covering
only one taxable transaction, subject to the higher DST.
Repurchase Agreement: a repurchase agreement is where the seller would sell securities with an agreement that he would purchase back the security at a fixed
price on a fixed future date. Note that this transaction is considered exempt above, since it is really a form of financing and not an actual sale of securities.
However, the BIR has deemed the transaction as consisting of two components, the repurchase agreement itself and a pledge. Accordingly, the BIR deems the
pledge not covered by the exemption and therefor subject to DST.
Letter of Credit: a letter of credit (LC) is a contract by and between a Local Bank and its Correspondent Bank in a foreign country. The LC is opened by the Local
Bank in favor of a Client/Importer who has a credit line; throught he LC, the Local Bank orders its Correspondent Bank to pay the Supplier of Goods in the foreign
country, upon presentation of proof that the goods have been laden on board a vessel or an aircraft, and the title over the goods is legally transferred to the Local
Bank, pursuant to the shipping agreement. Afterwhich, the Client/Importer would issue a Trust Receipt as security for the payment of the amount advanced by
the Bank.
However, in RMC No. 51-2010, the BIR imposed a separate DST on the trust receipt.
In general, the DST return (BIR Form No. 2000) shall be filed 5 days after the close of the month when the taxable document was made, signed, issued,
accepted or transferred and the tax thereon shall be paid at the same time the return is filed.
Where: Authorized Agent Banks within the territorial jurisdiction of the RDO over the residence or principal place of business of the taxpayer.
1. In general, the full the amount of DST may be remitted by any of the party or parties to the taxable transaction
2. Except in the following cases:
a. Stamp tax on bonds, debentures, certificates of indebtedness, deposit substitute, or other similar instruments - The tax shall be remitted by the person
who issued the instrument
b. Stamp tax on original issue of shares of stock in a corporation - The corporation, which issued the share or shares of stock, shall remit the tax due on
the said issuance.
c. Stamp tax on Jai-Alai, Horse Race, Lotto or other Authorized Numbers Games - The proprietor or operator shall remit the tax. If such proprietor or
operator is exempt from the tax, he shall collect the tax from the other party who is not exempt from the tax and shall remit the same.
d. When one of the parties to the taxable document or transaction is included in any of the entities enumerated below, such entity shall be responsible for
the remittance of the stamp tax. If such entity is exempt from the tax, it shall remit the tax as a collecting agent:
i. A bank, a quasi-bank or non-bank financial intermediary, a finance company, or an insurance, a surety, a fidelity, or annuity company;
ii. The proprietor or operator of Jai-alai, Horse-racing, Lotto and other Authorized Numbers Games
iii. The Philippine Stock Exchange (PSE), in the case of shares of stock and other securities traded in the local stock exchange (note that under RR
No. 13-2004, sale of shares of stock through the stock exchange is no longer subject to DST)
iv. A pre-need company on sale of pre-need plans. "Pre-need" company shall include those providing pre-need health care services, educational plan,
memorial plan, pension plan, and other similar services
v. An educational institution in respect of issuance of taxable certificates (e.g., Diploma, Transcript of Records, and other documents taxable as
certificates);
vi. Warehouse operators in respect of warehouse receipts
vii. The Corporation vis-a-vis the stamp tax on "Proxies" in the exercise of the stockholders' voting right
viii. The transportation contractor vis-a-vis the Bills of Lading or Receipts
ix. Franchise grantees and other taxpayers paying a fixed percentage of the prescribed taxable base in lieu of all internal revenue taxes; and
ON-LINE ELECTRONIC DST IMPRINTING MACHINE: Unless expressly exempted by the Commissioner on meritorious grounds, the following class of
taxpayers shall use the "on-line electronic DST imprinting machine" in the payment and remittance of their documentary stamp taxes:
1. Bank, a quasi-bank or a non-bank financial intermediary, a finance company, or an insurance, a surety, a fidelity, or annuity company;
2. Shipping and airline companies;
3. Pre-need company on sale of pre-need plans
4. Educational institution in respect of issuance of taxable certificates (e.g., Diploma, Transcript of Records, and other documents taxable as certificates)
5. Such other industries as may be required by the Commissioner to use the "on-line electronic DST imprinting machine".
"On-line electronic DST imprinting machine" shall refer to a device capable of imprinting the value of the stamp tax and other data on the taxable document, with
remote loading and resetting feature, and/or with built-in modem which enables users to load/purchase the stamp tax value through an on-line set-up or electronic
data transmission with the BIR, thereby enabling the
latter to monitor actual usage or stamp consumption of the users.
EFFECT OF FAILURE TO STAMP TAXABLE DOCUMENT: an instrument, document or paper which is required by law to be stamped and which has been
signed, issued, accepted or transferred without being duly stamped:
1. Shall not be recorded
2. Nor shall it or any copy thereof or any record of transfer of the same be admitted or used in evidence in any court
3. No notary public or other officer authorized to administer oaths shall add his jurat or acknowledgment to any document subject to DST unless the proper
documentary stamps are affixed thereto and cancelled.