Professional Documents
Culture Documents
Introduction of Implementation of
Package 1 Package 1
(TRAIN) (RA No. 10963)
Introduction of Implementation of
Package 2 Package 2
(Corporate (Corporate
Income Tax) Income Tax)
■ Effectivity:
■ January 1, 2018
2Effective tax rate computed based on the average tax due per income bracket
*Under RA No. 10754, an act expanding the benefits and privileges of persons with disability (PWDs),
allows PWDs as qualified dependent with certain qualifications, for purposes of allowing the
benefactor the privilege of claiming the PhP 25,000 exemption in computing taxable income.
However, under RA No. 10963, the same provision was specifically repealed in its repealing clauses.
PHP 90,000
PHP 82,000
Increased threshold
for non-taxable 13th month pay
and other benefits
NoA Yes
ROHQ
15% Shall NOT BE APPLICABLE to
RHQs/ROHQ/OBUs/petroleum
service contractors and
preferential subcontractors registered with
Alien rate Securities and Exchange
Commission (SEC) AFTER January
Individuals 1, 2018.
(of salaries, wages,
*Employed by: annuities, compensation,
remuneration and other EXISTING RHQs/ROHQs/OBUs/
Regional Headquarters emoluments, such as petroleum service contractors
(RHQs) honoraria and and subcontractors for qualified
Regional Operating allowances)
Headquarters (ROHQs) employees shall CONTINUE to
Offshore Banking Units avail of the preferential tax rate
(OBUs) for present and future qualified
Petroleum Service employees. (VETOED BY THE
Contractors and
Subcontractors PRESIDENT)
*Also applies to qualified Filipino individual employees occupying the same position.
1997 TAX
DEDUCTIONS RA NO. 10963
CODE
May be availed
only once EITHER
by the GPP OR
OSD for General Not provided
the partners
Professional comprising the
Partnership (GPPs) partnership
PCSO Exempt
(up to
PhP 10,000)
Philippine Charity Exempt
Sweepstakes and (full amount)
lotto winnings
20% final tax
(in excess of
PhP 10,000)
15%
► ¥
£
► € 7.5% final tax
Interest Income from final tax
expanded Foreign (applies to both resident individuals
Currency Deposit and domestic corporations)
Units (FCDUs)
TYPE OF
1997 TAX CODE RA NO. 10963
INCOME
PARTICULAR RATE
First
PhP 100,000 5%
Capital
Gains Tax
15% CGT
(applies to both
Sale of shares (CGT) resident individuals
of stock not and domestic
In excess of
traded in the PhP 100,000
10% corporations)
1st 1st
of the of the same
same
MAY taxable year
15
taxable
APRIL year
Deadline for
individual income
4th 15 of the
following 4th APRIL of the
following
15
taxable taxable year
(annual) (annual)
tax declaration year
Deadline of 2nd 15 15
installment following the close of the following the close of the
payment* calendar year calendar year
*When a tax due is in excess of Two thousand pesos (P2,000), the taxpayer other than a corporation (i.e.,
individual taxpayer), may elect to pay the tax in two (2) equal installments in which case, the first
installment shall be paid at the time the return is filed (now May 15)
1997 TAX
PARTICULARS CODE
RA NO. 10963
Maximum of four (4) pages
containing the following:
1. Personal/Corporate profile
Not provided and information
Pro-forma ITR
(individual and 2. Gross sales/receipts
corporate) 3. Allowable deductions
4. Taxable income
5. Income tax due
1997 TAX
PARTICULARS CODE
RA NO. 10963
32% 35%
(effective January 1,
2018)
PCSO
Philippine Charity
Sweepstakes Office
Tax-exempt TAXABLE
5% - 20% 6%
Deduction for
expenses, losses and
indebtedness
Medical expenses
Standard deduction
P1M P5M
Allowed deduction
Gross Estate not (with conditions)
Situated in the
Philippines
2% - 15% - relatives 6%
30% - strangers 6%
Exempt
(up to the
Dowries or gifts made on amount of
account of marriage
PhP 10,000 )
PhP 3,000,000
PhP 1,919,500
Exempt Exempt
(upto PhP 12,800) (upto PhP 15,000)
Monthly rental on
residential unit
Exempt
(Provided that the
fuel, goods and
Exempt supplies shall be used
Importation of fuel, goods for international
and supplies by persons shipping or air
engaged in shipping or air transport operations)
transport operations
Exempt
Exempt
(Up to 1.5M)
Sale of residential lot as defined by the Urban
Development and housing Act of 1992
amounting to 1,919,500 and below
Exempt
(Up to 2.5M)
from Jan 1, 2018 until Dec
31, 2020
Exempt
Sale of house and lot and other residential Exempt
dwelling amounting to 3,199,200 and below
(Up to 2M)
From Jan 1, 2021
Threshold under the 1997 Tax Code, as amended, was adjusted using the consumer price index
through RR No. 03-11.
Exempt
RETAINED with deletion
“… sugar cane into
raw sugar or raw “… sugar cane into raw sugar.’’
Services by agricultural cane sugar.”
contract growers and
milling for others
Goods Services
RETAINED with
additional provision:
1997 TAX
SERVICES RA NO. 10963
CODE
Revised as follows:
0%
Foreign currency
denominated sales
0% VAT-EXEMPT
“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 Bureau:
Provided, That, to determine the effectivity of item no. 1, all applications filed from January 1, 2018 shall be
processed and must be decided within ninety (90) days from the filing of the VAT refund application; and”
“(2) All pending VAT refund claims as of December 31, 2017 shall be fully paid in cash by December 31, 2019.”
“Provided, That the Department of Finance shall establish a VAT refund center in the Bureau of Internal
Revenue (BIR) and in the Bureau of Customs (BOC) that will handle the processing and granting of cash
refunds of creditable input tax.”
“An amount equivalent to five percent (5%) of the total VAT collection of the BIR and the BOC from the
immediately preceding year shall be automatically appropriated annually and shall be treated as a special
account in the General Fund or as trust receipts for the purpose of funding claims for VAT refund: Provided,
That any unused fund, at the end of the year shall revert to the General Fund.”
“Provided, further, That the BIR and the BOC shall be required to submit to the Congressional Oversight
Committee on the Comprehensive Tax Reform Program (COCCTRP) a quarterly report of all pending claims for
refund and any unused fund.”
*Payments for purchases of goods and services arising from projects funded by
Official Development Assistance (ODA) as defined under RA No. 8182, otherwise
known as the “Official Development Assistance Act of 1996”, as amended, shall not
be subject to the final withholding tax system.
*The rates of tax shall be increased by 4% every year effective on January 1, 2024,
through revenue regulations issued by the Secretary of Finance.
A. Amounts presented are in Philippine peso per liter of volume capacity (except for greases, waxes and petrolatum which are in
Philippine peso per kilogram and petroleum coke which is in Philippine peso per metric ton).
B. The production of petroleum products, whether or not they are classified as products of distillation and for use solely for the
production of gasoline shall be exempt from excise tax.
C. Provided, however, that, petroleum coke, when used as feedstock to any power generating facility shall be subject to 0.00 per metric
ton.
A. Amounts presented are in Philippine peso per liter of volume capacity (except for greases, waxes and petrolatum which are in Philippine
peso per kilogram and petroleum coke which is in Philippine peso per metric ton).
B. The production of petroleum products, whether or not they are classified as products of distillation and for use solely for the production of
gasoline shall be exempt from excise tax.
C. Provided, however, that the excise taxes paid on the purchased basestock (bunker) used in the manufacture of excisable articles and
forming part thereof shall be credited against the excise tax due therefrom.
► shall be considered prima facie evidence that ► responsible to provide, monitor, and administer
the same have been withdrawn or imported the fuel markers, to provide equipment and
without the payment of taxes and duties due devices, conduct field and confirmatory tests,
and perform such other acts incidental or
necessary (under the supervision and direction of the
Commissioners of Internal Revenue and Customs)
ALL COSTS PERTAINING TO THE FUEL MARKING PROGRAM FUNDS
PROCUREMENT OF THE OFFICIAL FUEL
MARKERS ► Fees or charges collected may be recorded as
trust receipts of the implementing agencies,
► borne by the refiner, manufacturer or and shall be exclusively disbursed to defray the
importer, as the case may be cost of services or equipment required to fully
*the government may subsidize in the first year of
implement the said program
implementation
CONFIRMATORY TESTS
Net Manufacturer’s/Importer’s
Tax Rate
Selling Price (in Pesos)
Tax Rate on
Tax on
Lower Limit Upper Limit excess over
Lower Limit
Lower Limit
0 600,000 - 2%
600,000 1,100,000 12,000 20%
1,100,000 2,100,000 112,000 40%
Over 2,100,000 512,000 60%
RA NO. 10963
(effective January 1, 2018)
Net Manufacturer’s/Importer’s
Selling Price (in Pesos) Tax Rate
Lower Limit Upper Limit
0 600,000 4%
600,000 1,000,000 10%
1,000,000 4,000,000 20%
Over 4,000,000 50%
RA NO. 10963
HYBRID IMPORTED EXEMPT
VEHICLES AUTOMOBILES
NOT FOR SALE
Excise tax shall be ► Purely electricity-
based on the total powered
50% of the automobiles
landed value
applicable tax (including transaction ► Pick-ups
rates on value, customs duty ► Automobiles used
automobiles and all other charges) exclusively within
the Freeport Zone
*This tax shall not apply to procedures necessary to ameliorate a deformity arising from, or directly related to, a
congenital or developmental defect or abnormality, a personal injury resulting from an accident or trauma, or disfiguring
disease, tumor, virus or infection.
EXCLUSIONS
1. All milk products
2. 100% natural fruit juices
3. 100% natural vegetable juices
4. Meal replacement and medically
indicated beverages
5. Ground coffee, instant soluble
coffee; and pre-packaged powdered
coffee products
1997 TAX
PRODUCT RA NO. 10963
CODE
1. Coal and coke PhP 10.00 January 1, 2018 – PhP 50.00 per
per metric metric ton
ton January 1, 2019 – PhP 100.00 per
metric ton
January 1, 2020 – PhP 150.00 per
metric ton
2. All nonmetallic minerals 2% 4%
and quarry resourcesA
3. All metallic mineralsA 2% 4%
a. Copper and other
metallic minerals
b. Gold and chromite
4. On indigenous petroleumB 3% 6%
A Locally produced: based on actual market value of the gross output
Imported: based on the value used by the Bureau of Customs in determining tariff and customs duties, net of excise tax
and VAT
BBased on the fair international market price
“Subject to rules and regulations to be issued by the Secretary of Finance, the Commissioner of
Internal Revenue or his authorized representatives may conduct periodic random field tests and
confirmatory tests on fuel required to be marked under Section 148-A found in warehouses,
storage tanks, gas stations and other retail outlets, and in such other properties of persons
engaged in the sale, delivery, trading, transportation, distribution, or importation of fuel intended
for the domestic market:
C. A sample of the randomly tested fuel shall be immediately obtained by the revenue
or customs officer upon discovering that the same is unmarked, adulterated, or
diluted
*That confirmatory fuel test certificates issued by fuel testing facilities shall be valid for any legal purpose from the date
of issue, and shall constitute admissible and conclusive evidence before any court.
Original issuance of shares of PhP 200, or fractional thereof, of PhP 1.00 PhP 2.00
stocks the par value
Sales, agreements to sell, PhP 200, or fractional part PhP 0.75 PhP 1.50
memoranda of sales, deliveries or thereof, of the par value
transfer of shares or certificates
of stock
DST paid upon original issue in 25% 50%
case of stock without par value
Certificates of profits or interest PhP 200 pesos, or fractional PhP 0.50 PhP 1.00
in property or accumulations part thereof, of the face value
All debt instruments PhP 200, or fractional part PhP 1.00 PhP 1.50
thereof, of the issue price
All bills of exchange or drafts PhP 200, or fractional part PhP 0.30 PhP 0.60
thereof, of the face value
First
PhP 2,000 PhP 3.00 PhP 6.00
or fractional part thereof
On each
PhP 5,000 PhP 10.00 PhP 20.00
or fractional part thereof in excess of
the first
PhP 5,000
*Transfers exempt from donor’s tax under Section 101 (a) and (b) of this Code shall be exempt from the tax imposed
under this Section.
1997 TAX
PARTICULAR RA NO. 10963
CODE
MANDATORY
Basis of valuation
Provided, further, that where the purchaser is a VAT-registered person, in addition to the information herein required, the
invoice or receipt shall further show the Taxpayer Identification Number (TIN) of the purchaser.
“Within five (5) years from the effectivity of this Act and upon the establishment of a system capable of storing and
processing the required data, the Bureau shall require taxpayers engaged in the export of goods and services, taxpayers
engaged in e-commerce, and taxpayers under the jurisdiction of the Large Taxpayers Service to issue electronic receipts or
sales or commercial invoices in lieu of manual receipts or sales or commercial invoices, subject to rules and regulations to
be issued by the Secretary of Finance upon recommendation of the Commissioner and after a public hearing shall have
been held for this purpose:
Provided, That taxpayers not covered by the mandate of this provision may issue electronic receipts or, sales or
commercial invoices, in lieu of manual receipts, and sales and commercial invoices.
Engaged in export
of goods ELECTRONIC
REPORTING
Engaged in export THROUGH
of services ELECTRONIC POINT
ESRS OF SALES SYSTEM
Large taxpayer
Data processing of sales and purchase data shall comply with the provisions of "Data Privacy Act" (RA No. 10173) and Section 270 of
NIRC, as amended, on unlawful divulgence of taxpayer information and such other laws relating to confidentiality of information.
The Bureau shall also establish policies, risk management approaches, actions, trainings, and technologies to protect the cyber
environment, organization, and data in compliance with the “Cybercrime Prevention Act of 2012” (RA No. 10175).
1/10 of 1% of
the annual net
income Or PhP 10,000
(as reflected in the taxpayer’s
AFS for the second year
preceding the current taxable
year for each day of violation)
WHICHEVER IS HIGHER
Failure to Or
Submit Sales
Data
PERMANENT CLOSURE of the
business of the taxpayer
Cumulative
suppression of
electronic sales
Minimum: Imprisonment of record in excess of
not less than two the amount of
PhP 500,000 PhP 50,000,000
(2) years but not
Maximum: more than four (4) shall be considered
PhP 10,000,000 years as ECONOMIC
Sales SABOTAGE and
Suppression shall be punished
Devices in the MAXIMUM
PENALTY.
RA NO. 10963
PERSONS INVOLVED PENALTIES
Any person found to be engaged *First Offense:
in the sale, trade, delivery, Fine of P 2,500,000
distribution or transportation of
unmarked fuel in commercial *Second Offense:
quantity Fine of P 5,000,000
Any person who causes the
removal of the official fuel *Third Offense:
marking agent from marked fuel, Fine of P 10,000,000
Fuel Marking and the adulteration or dilution and REVOCATION of
of fuel intended for sale to the license to engage in any
domestic market, or the knowing trade or business
possession, storage, transfer or
offer for sale of fuel obtained as a
result of such removal,
adulteration or dilution:
RA NO. 10963
PERSONS INVOLVED PENALTIES
Any person who commits in making, *Fine of not less than
importing, selling, using or P 1,000,000 but not
possessing fuel markers without more than P
express authorities; 5,000,000; and
Making, importing, selling, using or
possessing counterfeit fuel markers; *Imprisonment of
not less than 4 years
Causing another person or entity to but not more than 8
Fuel Marking commit any of the two preceding years
acts;
Causing the sale, distribution, supply
or transport of legitimately
imported, in-transit, manufactured
or procured controlled precursors
and essential chemicals:
RA NO. 10963
PERSONS INVOLVED PENALTIES
Any person who willfully inserts, places, *Fine of not less than
adds, or attaches directly or indirectly, P 5,000,000.00 but not
through any overt or covert act, whatever more than P 10,000,000.00;
quantity of any unmarked fuel, counterfeit and
additive or chemical in the person, house,
effects, inventory, or in the immediate *Imprisonment of not less
vicinity of an innocent individual for the than 4 years but not more
purpose of implicating, incriminating or than 8 years
imputing the commission of any violation of
this Act
Fuel Marking
Any person who is authorized, licensed or *Additional penalty of
accredited under this Act and its imprisonment ranging from
implementing rules to conduct fuel tests, 1 year to 2 years and 6
who issues false or fraudulent fuel test months
results knowingly, willfully or through gross
negligence
“The additional penalties of revocation of the license to practice his profession in case of a practitioner, and the closure of the fuel
testing facility, may also be imposed at the instance of the court.”
(B) The recipient/payee failed to report the income on the due date thereof. but
the withholding agent/taxpayer pays the tax. including the interest incident to the
failure to withhold the tax and surcharges, if applicable. at the time of
audit/investigation or reinvestigation/reconsideration.
(C ) The withholding agent erroneously underwithheld the tax but pays the
difference between the correct amount and the amount of tax withheld including
the interest. incident to such error. and surcharges. if applicable. at the time of the
audit/investigation or reinvestigation/reconsideration.
– The Informal Conference shall in no case extend beyond thirty (30) days from
receipt of the notice for informal conference.
– lf it is found that the taxpayer is still liable for deficiency tax or taxes after
presenting his side, and the taxpayer is not amenable, the office concerned
shall endorse the case within seven (7) days from the conclusion of the
Informal Conference to the Assessment Division of the Revenue Regional
Office or to the Commissioner or his duly authorized representative for
issuance of a deficiency tax assessment.
Professional qualifications
►Lawyer
— BS Accountancy, Polytechnic
University of the Philippines -
Manila
— Member, Philippine Institute of
Certified Public Accountants
■ In providing our comments in these slides we have
relied upon our understanding of current Philippine
tax laws, regulations, rules, and issuances of the
relevant tax authorities as of this date. Should
these laws, regulations, rules, and issuances
change, some of the issues/conclusions discussed
in these slides may change as well. We will not be
responsible for updating the information herein,
unless we are specifically requested to do so.
Please also note that our comments and
conclusions have been put together on the basis of
our understanding of the facts as discussed above.
These slides are solely for your needs and are not
to be relied upon by any other person or entity.
Hence, if you wish to disclose copies of these slides
to any other person or entity, you must inform them
that they may not rely upon our work for any
purpose without our written consent.