Professional Documents
Culture Documents
Difference Train Vs NIRC
Difference Train Vs NIRC
Capital gains from sale Capital gains tax of 5% on the first P100,000 and Capital gains tax on sale of shares not traded in
of shares of stock not 10% in excess thereof is imposed on sale of the local stock exchange is increased to a flat
traded in the local stock shares not traded in the local stock exchange. rate of 15%.
exchange of individual
citizen and resident
alien
Sec. 24 (C)
Alien individuals and A rate of 15% final withholding tax on the gross Preferential tax treatment shall not apply for
qualified Filipinos compensation income of alien individuals and employees of ROHQ, RHQ, OBU, and Petroleum
employed by specific qualified Filipinos employed by the following service contractors and subcontractors which
employers employers: • Regional or area headquarters registered with the Securities and Exchange
(“RHQ”) and regional operating headquarters Commission beginning 1 January 2018.
Sec. 25 (F) (“ROHQ”) of multinational companies; • Offshore
banking units (“OBU”); and Petroleum service
contractors and subcontractors.
Government owned or The Government Service Insurance System, the The Philippine Charity Sweepstakes Office
controlled corporations, Social Security System, the Philippine Health (PCSO) is removed from the exception.
agencies or Insurance Corporation, the local water districts
instrumentalities and the PCSO are exempt from corporate income
tax.
Sec. 27 (C)
Passive income on Interest income derived by a domestic corporation A final tax at the rate of fifteen percent (15%)
interest from deposits from a depository bank under the expanded shall be imposed.
and yield or any other foreign currency deposit system shall be subject
monetary benefit from to a final income tax at the rate of seven and one-
deposit substitutes, half percent (7 1/2%) of such interest income.
trust funds and royalties
Taxable Income Defined The term taxable income means the pertinent The term ‘taxable income’ means the pertinent
items of gross income specified in this Code, less items of gross income specified in this Code, less
Sec. 31 the deductions and/or personal and additional deductions, if any, authorized for such types of
exemptions, if any, authorized for such types of income by this Code or other special laws.”
income by this Code or other special laws. Personal and additional exemptions removed
from the definition of taxable income.
13th Month Pay and 13th month pay and other benefits amounting to Amount of exempt 13th month pay and other
Other Benefits P82,000 is excluded from the computation of benefits is increased to P90,000.
gross income.
Sec. 32 (B) (7) (e)
Fringe benefit tax given A final tax of thirty-two percent (32%) is hereby Effective January 1, 2018 and onwards, a final
to non-rank and file imposed on the grossed-up monetary value of tax of thirty-five percent (35%) shall be
employees fringe benefit. imposed.
Sec. 33 The grossed-up monetary value of the fringe The grossed-up monetary value of the fringe
benefit shall be determined by dividing the actual benefit shall be determined by dividing the actual
monetary value of the fringe benefit by sixty-eight monetary value of the fringe benefit by sixty-five
percent (68%). percent (65%) effective January 1, 2018 and
onwards.
Optional Standard In lieu of the itemized allowable deductions, an In case of a general professional partnership, the
Deduction individual subject to tax, other than a nonresident OSD may be availed only once by either the
alien, may elect an OSD of 40% of gross sales general professional partnership or the partners
Sec. 34 (L) or gross receipts. comprising such partnership.
Deduction of premium Allowed deduction of P2,400 per year or P200 per Repealed
payments on health month worth of premium payments on health
and/or hospitalization and/or hospitalization insurance of an individual
insurance provided that the family has a gross income not
exceeding P250,000 for the taxable year.
Sec. 34 (M)
On personal and Exemptions on the following: Repealed
additional exemptions • P50,000 worth of basic personal exemption
• P25,000 worth of additional exemption per
Sec. 35 qualified dependent not exceeding four.
• Personal exemption allowable to nonresident
alien individual
Sec. 62
Income tax collected at Husband deemed head of the family and proper Repealed
source – husband and claimant of the additional exemption.
wife
Taxes to be withheld from the wages of the wife
must be in accordance with the table for zero
exemption of the withholding tax table.
Individual Return The following individuals shall not be required to The following individuals shall not be required to
file an income tax return: file an income tax return:
Sec. 51 (A)(2) An individual whose gross income does not
exceed his total personal and additional An individual whose taxable income does not
exemptions for dependents under Section 35: exceed Two hundred fifty thousand pesos
Provided, that a citizen of the Philippines and any (P250,000) under Section24(A)(2)(a): Provided,
alien individual engaged in business or practice of That a citizen of the Philippines and any alien
profession within the Philippine shall file an individual engaged in business or practice of
income tax return, regardless of the amount of profession within the Philippines shall file an
gross income; income tax return, regardless of the amount of
gross income.
Corporation Returns The return shall be filed by the president, vice- The income tax return shall consist of a
president or other principal officer, and shall be maximum of four (4) pages in paper form or
Sec. 52 sworn to by such officer and by the treasurer or electronic form, be filed by the president, vice
assistant treasurer. president or other principal officer, shall be sworn
to by such officer and by the treasurer or
assistant treasurer, and shall only contain the
following information:
Withholding of Tax at The Secretary of Finance may, upon the Beginning January 1, 2019, the rate of
Source recommendation of the Commissioner, require the withholding shall not be less than one percent
withholding of a tax on the items of income (1%) but not more than fifteen percent (15%) of
Sec. 57 (B) payable to natural or juridical persons, residing in the income payment.
the Philippines, by payor-corporation/persons as
provided for by law, at the rate of not less than
one percent (1%) but not more than thirty-two
percent (32%) thereof, which shall be credited
against the income tax liability of the taxpayer for
the taxable year.
Returns and Payment of The return for final withholding tax shall be filed The return for final and creditable withholding
Taxes Withheld at and the payment made within twenty-five (25) taxes shall be filed and the payment made not
Source days from the close of each calendar quarter, later than the last day of the month following
while the return for creditable withholding taxes the close of the quarter during which
Sec. 58 (A) shall be filed and the payment made not later than withholding was made.
the last day of the month following the close of the
quarter during which withholding was made.
Declaration of Income File a declaration of estimated income for the Instead of April 15, it is now on or before
Tax for Individuals current taxable year on or before April 15 of the May 15.
same taxable year.
Sec. 74 (A)
Amendments under Section 74(B):
The fourth installment shall be paid on or before The fourth installment shall be paid on or before
April 15 of the following calendar year when the May 15 of the following calendar year when the
final adjusted income tax return is due to be filed. final adjusted income tax return is due to be filed.
DETAILS CURRENT NATIONAL INTERNAL REVENUE CODE OF R.A. No. 10963 (TRAIN)
1997, AS AMENDED
Rates of Estate Tax If the net estate is: The tax rate is now six percent (6%)
Over But Not The Tax Plus Of the based on the value of such net estate.
Sec. 84 Over shall be Excess
Over
P 200,000 Exempt
P 200,000 550,000 0 5% P 200,000
Computation of Net Deductions Allowed to the Estate of Citizen or a Resident. Deductions Allowed to the Estate of a
Estate Citizen or a Resident:
Expenses, Losses, Indebtedness, and taxes. -
Sec. 86 Such amounts: Standard Deduction of Five
million pesos (P5,000,000).
The Family Home:
An amount equivalent to the
(a) For actual funeral expenses or in an amount equal to current fair market value of the
five percent (5%) of the gross estate, whichever is lower, decedent’s family home:
but in no case to exceed Two hundred thousand pesos
(P200,000); Provided, however, That if the
said current fair market value
(b) For judicial expenses of the testamentary or intestate exceeds Ten million pesos
proceedings; (P10,000,000), the excess shall
be subject to estate tax.
The Family Home:
(B) Deductions Allowed to Nonresident
An amount equivalent to the current fair market value
Estates.
of the decedent's family home: Provided, however,
That if the said current fair market value exceeds One
million pesos (P1,000,000), the excess shall be Standard Deduction of Five
subject to estate tax. As a sine qua non condition for hundred thousand pesos
the exemption or deduction, said family home must (P500,000)
have been the decedent's family home as certified by
the barangay captain of the locality. Note:
Medical Expenses:
Miscellaneous Provisions:
Notice of Death to be In all cases of transfers subject to tax, or where, though Repealed
Filed exempt from tax, the gross value of the estate exceeds
Twenty thousand pesos (P20,000), the executor,
Sec. 89 administrator or any of the legal heirs, as the case may be,
within two (2) months after the decedent's death, or within a
like period after qualifying as such executor or administrator,
shall give a written notice thereof to the Commissioner.
Estate Tax Returns Requirements. - In all cases of transfers subject to the tax In all cases of transfers subject to the
imposed herein, or where, though exempt from tax, the gross tax imposed herein, or regardless of the
Sec. 90 value of the estate exceeds Two hundred thousand pesos gross value of the estate, where the
(P200,000), or regardless of the gross value of the estate, said estate consists of registered or
where the said estate consists of registered or registrable registrable property shall file a return
property such as real property, motor vehicle, shares of stock under oath in duplicate.
or other similar property for which a clearance from the
Bureau of Internal Revenue is required as a condition Estate tax returns showing a gross
precedent for the transfer of ownership thereof in the name of value exceeding Five million pesos
the transferee, the executor, or the administrator, or any of (P5,000,000) shall be supported with a
the legal heirs, as the case may be, shall file a return under statement duly certified to by a Certified
oath in duplicate, setting forth: Public Accountant.
Payment of Tax If a bank has knowledge of the death of a person, who Amendments under Section 97:
Antecedent to the maintained a bank deposit account alone, or jointly with
Transfer of Shares, another, it shall not allow any withdrawal from the said If a bank has knowledge of the death of
Bonds or Rights deposit account, unless the Commissioner has certified that a person, who maintained a bank
the taxes imposed thereon by this Title have been paid: deposit account alone, or jointly with
Sec. 97 Provided, however, That the administrator of the estate or another, it shall allow any withdrawal
any one (1) of the heirs of the decedent may, upon from the said deposit account,
authorization by the Commissioner, withdraw an amount not subject to a final withholding tax of
exceeding Twenty thousand pesos (P20,000) without the said six percent (6%).
certification.
DONORS TAX
DETAILS CURRENT NATIONAL INTERNAL REVENUE CODE OF R.A. No. 10963 (TRAIN)
1997, AS AMENDED
Rates of Tax The tax for each calendar year shall be computed on the Amendments under Section 99:
Payable by basis of the total net gifts made during the calendar year in
Donor accordance with the following schedule: The tax for each calendar year shall be
six percent (6%), regardless of the
Sec. 99 If the net gift is: relationship of donor and done,
computed on the basis of the total gifts
Over But Not The Tax Plu Of the in excess of Two hundred fifty thousand
Over shall be s Excess pesos (P250,000) exempt gift made
Over during the calendar year.
P 100,000 Exempt
P 100,000 200,000 0 2% P100,000 Any contribution in cash or in kind to any
200,000 500,000 2,000 4% 200,000 candidate, political party or coalition of
500,000 1,000,000 14,000 6% 500,000 parties for campaign purposes shall be
1,000,000 3,000,000 44,000 8% 1,000,000 governed by the Election Code, as
amended.”
3,000,000 5,000,000 204,000 10% 3,000,000
5,000,000 10,000,00 404,000 12% 5,000,000
0
10,000,00 1,004,00 15% 10,000,00
0 0 0
Tax Payable by Donor if Donee is a Stranger. - When the
donee or beneficiary is stranger, the tax payable by the
donor shall be thirty percent (30%) of the net gifts. For the
purpose of this tax, a 'stranger,' is a person who is not a:
Transfer for Where property, other than real property referred to in Additional Provision:
Less Than Section 24(D), is transferred for less than an adequate and
Adequate and full consideration in money or money's worth, then the A sale, exchange, or other transfer of property
full amount by which the fair market value of the property made in the ordinary course of business
Consideration exceeded the value of the consideration shall, for the (a transaction which is a bona fide, at arm’s
purpose of the tax imposed by this Chapter, be deemed a length, and free from any donative intent), will
Sec. 100 gift, and shall be included in computing the amount of gifts be considered as made for an adequate and full
made during the calendar years consideration in money or money’s worth.”
Exemption of
Certain Gifts The following gifts or donations shall be exempt from the tax Section 101 (A) (1) on dowries is removed.
Sec. 101 provided for in this Chapter:
DETAILS CURRENT NATIONAL INTERNAL REVENUE CODE R.A. No. 10963 (TRAIN)
OF 1997, AS AMENDED
Zero-rated sale Sec. 106 (A) (2) VAT zero-rating on sale of goods
of Goods classified as:
Sec. 106 (A)(2) a) Export sales which include the following: Item A:
1 sale and actual shipment of goods from the
Philippines to a foreign country Item 4: Reclassified from to exempt transactions.
2 sale of raw materials or packaging materials to a Items 2, 3, and 5: subject to 12% VAT upon:
nonresident buyer for delivery to a resident local
export-oriented enterprise; (A) Successful establishment and
implementation ofan enhanced VAT refund
3 sale of raw materials or packaging materials to system that grants refundsof creditable
export- oriented enterprise whose export sales input tax within 90 days from filing of the
exceed seventy percent (70%) of total annual application with the BIR; and
production;
(B) Full payment in cash by December 31,
4 sale of gold to the Bangko Sentral ng Pilipinas 2019 of all pending VAT refund claims as
(BSP); of
31 December 2017.
5 those considered export sales under Executive
Item 6: Sale of goods, supplies, equipment and
Order No. 226, otherwise known as the Omnibus
fuel shall qualify as export sales if used for
Investment Code of 1987, and other special laws;
international shipping and air transport
and operations.
6 sale of goods, supplies, equipment and fuel to Item b: Removed from zero-rated sale of good.
personsengaged in international shipping or
international air transport operations. .
Scope of sale or Provision defines sale or exchange of services. Included in the definition of sale or exchange of
exchange of services are the ff.:
services sale of electricity by generation companies;
transmission by any entity; and
Sec. 108 (A) distribution companies, including electric
cooperatives.
Sec. 108 (B) 1. Processing, manufacturing or repacking goods Item 2: To qualify as a zero-rated sale, services
for other persons doing business outside the must be rendered to a person engaged in
Philippines which goods are subsequently business conducted outside the Philippines or
exported, where the services are paid for in to a nonresident person not engaged in
acceptable foreign currency and accounted for in business who is outside the Philippines when
accordance with the rules and regulations of the the services are performed
Bangko Sentral ng Pilipinas (BSP);
Item 3: Now includes air transport operations.
2. Services rendered to persons or entities whose
exemption under special laws or international Items 1 and 4: Subjected to 12% VAT upon
agreements to which the Philippines is a
signatory effectively subjects the supply of such
services to zero percent (0%) rate. A. successful establishment and
implementation of an enhanced VAT refund
3. Services rendered to vessels engaged system that grants refunds of creditable
exclusively in international shipping; and input tax within 90 days from filing of the
application with the BIR: and
4. Services performed by subcontractors and/or
contractors in processing, converting, of B. Full payment in cash by
manufacturing goods for an enterprise whose 31 December 2019 of all pending VAT
export sales exceed seventy percent (70%) of refund claims as of 31 December 2017.
total annual production.
5. Transport of passengers and cargo by air or sea Item 5: Pertains only to domestic air or sea
vessels from the Philippines to a foreign country vessels
Other sale of lease of goods or properties or the Item 4: Exemption of the importation of fuel, goods
performanceof services, the amount of which does not and supplies provided it will be used for
exceed P1.5m (as adjusted by RR No. 16-2011, international shipping or air transport
P1,919,500). operations.
ADDITIONAL EXEMPTIONS:
Sale or lease of goods and services to senior
citizens and persons with disabilities.
Transfers of property pursuant to a plan of
merger or consolidation.
Association dues, membership fees, and other
assessments and charges collectedby
homeowners associations and condominium
corporations.
Sale of drugs and medicines prescribed for
diabetes, high cholesterol, and hypertensions
beginning January 1, 2019.
Sale of gold to BSP.
Creditable input Input tax on goods purchased or imported for use in The amortization of the input VAT shall only be
tax trade or business for which deduction for depreciation is allowed until 31 December 2021 after which
allowed shall be spread evenly over the month of taxpayers with unutilized input VAT on capital
Sec. 110 acquisition and the 59 succeeding months if the goods purchased or imported shall be allowed to
aggregate acquisition cost for such goods, excluding the apply the same as scheduled until fully utilized.
VAT component thereof, exceeds P1 million.
Period within The Commissioner shall grant a refund or issue the tax The Commissioner shall grant a refund for
which VAT credit certificate for creditable input taxes within 120 creditable input taxes within 90 days from the
refund of input days from the date of submission of complete date of submission of the official receipts or
taxes shall be documents. invoices and other documents in support of the
made application led.
In case of full or partial denial of the claim for tax refund
Sec. 112 (C) or tax credit, or the failure on the part of the Should the Commissioner find that the grant of
Commissioner to act on the application within the period refund is not proper, the Commissioner must
prescribed above, the taxpayer affected may, within 30 state in writing the legal and factual basis for
days from the receipt of the decision denying claim or the denial.
after the expiration of the 120 day period, appeal the
decision or the unacted claim with the Court of Tax In case of full or partial denial of claim for tax
Appeals (CTA). refund, the taxpayer may within 30 days from
receipt of the decision denying the claim appeal the
decision with the CTA.
Disposition of There shall be levied, assessed, and collected on every The tax rate imposed is increased to 6/10 of 1%.
Shares of Stock sale, barter, exchange or disposition of shares of stock
Listed and listed and traded through local stock exchange other
Traded through than the sale by a dealer in securities, a tax rate of 1⁄2 of
Local Stock 1% of the gross selling price or gross value in money of
Exchange or the shares of stock.
through IPO
Returns and The Commissioner may prescribe the time for filing the Repealed
Payment of return at intervals other than the time prescribed under
Percentage the NIRC as well as the manner and time of payment of
Taxes percentage taxes, including a scheme of tax prepayment
of other percentage taxes.
Sec. 128 (A) (3)9
Effective
1 Jan. 2018 P32.5/ pack
1 July.
2018 P35/ pack
1 Jan. 2020 P37.5/ pack
1 Jan. 2022 P40/ pack
EXCISE TAX
DETAILS CURRENT NATIONAL INTERNAL REVENUE CODE R.A. No. 10963 (TRAIN)
OF 1997, AS AMENDED
Goods & Excise taxes apply to goods manufactured or Excise taxes apply to goods manufactured or produced
Services produced in the Philippines for domestic sales or in the Philippines for domestic sales or consumption or
Subject to consumption or for any other disposition and to things for any other disposition and to things imported as well
Excise Taxes imported. as services performed in the Philippines
Sec. 129
Excise tax on Excise tax on cigarettes packed by hand shall be Excise tax on cigarettes packed by hand and packed
cigars and based on the following schedule: by machines shall be based on the following schedule:
cigarettes
Effective
Sec. 145 1 Jan. 2013 P12/ pack
1 Jan. 2014 P15/ pack
1 Jan. 2015 P18/ pack
1 Jan. 2016 P21/ pack
1 Jan. 2017 P30/ pack
Manufacture Effective
On Sec 148 The following items have the corresponding d Oils and
manufactures excise tax rates: other Fuels
oils and other 01/01/18 01/01/19 01/01/20
fuels a.
Lubricating
Sec. 148 oils (per liter) P
P 9.00 P 10.00
and greases 8.00
(per kg)
Manufacture Effective
d Oils and
other Fuels
e. Naphtha,
regular
gasoline,
pyrolysis
gasoline and 7.00 9.00 10.00
other similar
products of
distillation
(per liter)
f. Unleaded
premium
7.00 9.00 10.00
gasoline (per
liter)
g. Aviation
turbo jet fuel.
4.00 4.00 4.00
Aviation gas
(per liter)
h. Kerosene
3.00 4.00 5.00
(per liter)
i. Diesel fuel
2.50 4.50 6.00
oil (per liter)
j. Liquefied 1.00 2.00 3.00
Petroleum
Gas (per kg)
k. Asphalt 8.00 9.00 10.00
Net manufacturer’s price/ importer's
Rate
selling price
Not over P600 Thousand 4%
Over P600 Thousand to P1 million 10% (per kg)
l. Bunker fuel 2.50 4.50 6.00
oil (per liter)
Over P1 million to P4 million 20%
m. Petroleum 2.50 4.50 6.00
Over P4 million 50% coke (per
metric ton
Mandatory fuel No existing provisions Sec. 148 – A: The Secretary of Finance shall require
markings the use of an official fuel marking or similar technology
on petroleum products refined, manufactured or
Sec. 148 - A imported in the Philippines, and that are subject to the
payment of taxes and duties.
Excise tax on There shall be levied, assessed and collected an ad New schedule under RA10963:
automobiles valorem tax on automobiles based on the
manufacturer’s or importer’s selling price, net of Hybrid vehicles shall be subject to 50% of the
Sec. 149 excise and value-added taxes, in accordance with the applicable excise tax rates on automobiles. Purely
following schedule: electric vehicles and pick-ups shall be exempt from
excise tax on automobiles.
Net manufacturer’s price/
Rate
importer's selling price Jeeps are considered automobiles.
Up to P600 Thousand 2% Pick-ups are considered as trucks
not automobiles
Over P600 Thousand to P1.1 P12,000 + 20% of
million value in excess of
P600 thousand
Mineral Taxes imposed on minerals, mineral products and Increased excise taxes on domestic or imported
Products quarry resources as follows: coal and coke, notwithstanding any incentives
granted in any law or special law, to wit:
Sec. 151 • Excise tax of P10/metric ton on coal and coke
• 2% of actual market value of the gross output of all
Effective P50/
1 Jan. 2018 metric ton
nonmetallic minerals and quarry resources
• Metallic minerals are subject to the following taxes:
P100/
1 Jan. 2019 metric-Copper
ton and other metallic
P150/ minerals at 1%/2%
1 Jan. 2020 metric-Gold
ton and chromite at 2%
• Indigenous petroleum is subject to 3% excise tax
Original Issue of Shares of P1 on each P200, or fractional P2 on each P200, or fractional Par Value of the shares of
Stock part thereof part thereof stock;
No Par – Actual consideration
Sec. 174 Stock Dividends – Actual value
represented by each share
Sale, Agreement to Sell P0.75 on each P200 or P1.50 on each P200, or Par Value of the shares of
Memoranda of Sale, fractional part thereof fractional part thereof stock;
Deliveries or Transfer of No Par – 50% of the DST paid
Shares or Certificates of **No Par – 25% of the DST upon the original issuance of
Stock paid upon the original said stock
issuance of said stock
Sec. 175
Certificates or Interest in P0.50 on each P200, or P1.00 on each P200, or Face Value of such certificates
Property or Accumulations fractional part thereof fractional part thereof or memorandum
Sec. 177
All Debt Instruments P1 on each P200, or fractional P1.50 on each P200, or Issue Price of any such debt
part thereof fractional part thereof instruments
Sec. 179
All Bills of Exchange or P0.30 on each P200, or P0.60 on each P200, or Face Value of the bill of
Drafts fractional part thereof fractional part thereof exchange or draft
Sec. 180
Acceptance of Bills of P0.30 on each P200, or P0.60 on each P200, or Face Value of the bill of
Exchange and Others fractional part thereof fractional part thereof exchange or draft
Sec. 181
Foreign Bills of Exchange P0.30 on each P200, or P0.60 on each P200, or Face Value of the bill of
and Letters of Credit fractional part thereof fractional part thereof exchange or draft
Sec. 182
Life Insurance Policies 0 – P100,000 0 – P100,000 Amount of Insurance
Exempt Exempt
Sec. 183 P100,001 – P300,000 P10 P100,001 – P300,000 P20
P300,001 – P500,000 P25 P300,001 – P500,000 P50
P500,001 – P750,000 P50 P500,001 – P750,000 P100
P750,001 – P1,000,000 P75 P750,001 – P1,000,000 P150
Over P1,000,000 P100 Over P1,000,000 P200
Policies of Insurance upon P0.50 on each P4.00, or No change. Amount of Premium Charged
Property fractional part thereof
Sec. 184
Fidelity Bonds and Other P0.50 on each P4.00, or No change Amount of premium charged
Insurance Policies fractional part thereof
Sec. 185
Policies of Annuities P0.50 on each P200, or P1 on each P200, or fractional Premium or installment
fractional part thereof part thereof payment on contract price
Sec. 186 collected
Policies of Pre-Need Plans P0.20 on each P200, or P0.40 on each P200, or Premium or installment
fractional part thereof fractional part thereof payment on contract price
Sec. 186 collected
Indemnity Bonds P0.30 on each P200, or No change Premium charged
fractional part thereof
Sec. 187
Sec. 188
Jai-alai, Horse Race, Tickets, P0.10 P0.20 On each Jai-alai, Horse Race,
Lotto or Other Authorized Tickets, Lotto or Other
Numbers Games **If the cost of the ticket **If the cost of the ticket Authorized Numbers Games
exceed P1, an additional tax of exceed P1, an additional tax of
Sec. 190 P0.10 on every P1, or P0.20 on every P1, or
fractional part thereof, shall be fractional part thereof, shall be
collected. collected.
Bills of Lading or Receipts P101 – P1,000 P1.00 P101 – P1,000 P2.00 On each set of bills of lading or
Over P1,000 P10.00 Over P1,000 P20.00 receipts
Sec. 191
Sec. 192
Sec. 193
Lease and Other Hiring P3.00 for the first P2,000, or P6 for the first P2,000, or On each lease, agreement,
Agreements fractional part thereof; and fractional part thereof; and memorandum, or contract for
additional P1.00 for every additional P2.00 for every hire
Sec. 194 P1,000 in excess of the first P1,000 in excess of the first
P2,000 for each year of the P2,000 for each year of the
term of said contract term of said contract
Charter Parties and Similar Does not exceed 1,000 tons, Does not exceed 1,000 tons, Registered gross tonnage of
Instruments and the duration of the and the duration of the the ship, vessel or steamer
charter or contract does not charter or contract does not
Sec. 197 exceed 6 months – P500; exceed 6 months – P1,000;
and additional P50 for each and additional P100 for each
month or fraction thereof in month or fraction thereof in
excess of 6 months excess of 6 months
Exceeds 1,000 tons but not Exceeds 1,000 tons but not
more than 10,000 tons, and more than 10,000 tons, and
the duration of the charter or the duration of the charter or
contract does not exceed 6 contract does not exceed 6
months – P1,000; and months – P2,000; and
additional P100 for each additional P200 for each
month or fraction thereof in month or fraction thereof in
excess of 6 months excess of 6 months
Exceeds 10,000 tons, and Exceeds 10,000 tons, and
the duration of the charter or the duration of the charter or
contract does not exceed 6 contract does not exceed 6
months – +P1,500; and months – P3,000; and
additional P150 for each additional P300 for each
month or fraction thereof in month or fraction thereof in
excess of 6 months excess of 6 months
DETAILS CURRENT NATIONAL INTERNAL REVENUE CODE R.A. No. 10963 (TRAIN)
OF 1997, AS AMENDED
Th
Power of the e Commissioner is authorized: Additional Provision:
Commissioner
to Obtain (B) To Obtain on a regular basis from any person The Cooperative Development Authority shall submit
Information, other than the person whose internal revenue tax to the Bureau a tax incentive report, which shall
and to liability is subject to audit or investigation, or from any include information on the income tax, value-added
Summon, office or officer of the national and local governments, tax, and other tax incentives availed of by
Examine, and government agencies and instrumentalities, including cooperatives registered and enjoying incentives
Take Testimony the Bangko Sentral ng Pilipinas and government- under Republic Act No. 6938, as
of Persons owned or -controlled corporations, any information amended: Provided, further, That the information
such as, but not limited to, costs and volume of submitted by the Cooperative Development Authority
Sec. 5 (B) production, receipts or sales and gross incomes of to the Bureau shall be submitted to the Department
taxpayers, and the names, addresses, and financial of Finance and shall be included in the database
statements of corporations, mutual fund companies, created under Republic Act No. 10708, otherwise
insurance companies, regional operating headquarters known as ‘The Tax Incentives Management and
of multinational companies, joint accounts, Transparency Act (TIMTA)’.”
associations, joint ventures of consortia and registered
partnerships, and their members;
Power of the (A) Examination of Returns and Determination of Additional Provision under Section 6 (A)
Commissioner
to Make The Commissioner or his duly authorized
Assessments Tax Due. representative has the authority notwithstanding any
and Prescribe law requiring the prior authorization of any
Additional After a return has been filed as required under the government agency or instrumentality.
Requirements provisions of this Code, the Commissioner or his
for Tax duly authorized representative may authorize the
Administration examination of any taxpayer and the assessment Additional Provisions under Section 6(E)
and of the correct amount of tax: Provided, however; The Commissioner is now mandated to have a
Enforcement That failure to file a return shall not prevent the consultation with competent appraisers both from
Commissioner from authorizing the examination of the private and public sectors, and with prior notice
Sec. 6 any taxpayer. to affected taxpayers, determine the fair market
value of real properties located in each zone or area,
(E) Authority of the Commissioner to Prescribe The fair market value shall be subject to automatic
Real Property Values. adjustment once every three (3) years through rules
and regulations issued by the Secretary of Finance
The Commissioner is hereby authorized to divide based on the current Philippine valuation standards.
the Philippines into different zones or areas and
shall, upon consultation with competent appraisers No adjustment in zonal valuation shall be valid
both from the private and public sectors, determine unless published in a newspaper of general
the fair market value of real properties located in circulation in the province, city or municipality
each zone or area. For purposes of computing any concerned, or in the absence thereof, shall be
internal revenue tax, the value of the property shall posted in the provincial capitol, city or municipal hall
be, whichever is the higher of; and in two (2) other conspicuous public places
therein.
(1) the fair market value as determined by the
Commissioner, or (2) the fair market value as shown The basis of any valuation, including the records of
in the schedule of values of the Provincial and City consultations done, shall be public records open to
Assessors. the inquiry of any taxpayer.
Interest (A) In General. – There shall be assessed and (1) Interest Rate
collected on any unpaid amount of tax, interest at Double the legal interest rate for loans or
Sec. 249 the rate of twenty percent (20%) per annum, or forbearance of any money in the absence of
such higher rate as may be prescribed by rules an express stipulation as set by the BSp from
and regulations, from the date prescribed for the date prescribed for payment until the
payment until the amount is fully paid. amount is fully paid.
(B) Deficiency Interest. – Any deficiency in the tax due, (2) In no case shall the deficiency and the
as the term is defined in this Code, shall be subject delinquency interest prescribed under
to the interest prescribed in Subsection (A) hereof, Subsections (B) and (C) hereof, be imposed
which interest shall be assessed and collected simultaneously.
from the date prescribed for its payment until the (3) Deficiency Interest shall be assessed and
full payment thereof. collected from the date prescribed for its
payment until the full payment thereof, or
(C) Delinquency Interest. - xxx upon issuance of a notice and demand by the
Commissioner of Internal Revenue,
whichever comes earlier.
Attempt to Any person who willfully attempts in any manner to (1) Fine
Evade or Defeat evade or defeat any tax imposed under this Code or Not less than P500,000 but not more than
Tax the payment thereof shall, in addition to other P10,000,000
penalties provided by law, upon conviction thereof, be
Sec. 254 punished by a fine of not less than Thirty thousand (2) Imprisonment
pesos (P30,000) but not more than One hundred Not less than 6 years but not more than 10
thousand pesos (P100,000) and suffer imprisonment years
of not less than two (2) years but not more than four
(4) years:
Failure or (a) Any person who, being required under Section 237 (1) Penalties for Acts Enumerated Under Sec 264
Refusal to to issue receipts or sales or commercial invoices, (B)
Issue Receipts fails or refuses to issue such receipts or invoices, Fine – Not less than P500,000 but not more
or Sales issues receipts or invoices that do not truly reflect than P10,000,000; and
Commercial and/or contain all the information required to be Imprisonment – Not less than 6 years but not
Invoices, known therein, or uses multiple or double receipts more than 10 years
Violations or invoices, shall, upon conviction for each act or
Related to the omission, be punished by a fine of not less than (2) Fourth item is added to Sec. 264 (B)
Printing of One thousand pesos (P1,000) but not more than “(4) Printing of other fraudulent receipts or
such Receipts Fifty thousand pesos (P50,000) and suffer sales or commercial invoices.”
or Invoices and imprisonment of not less than two (2) years but not
Other more than four (4) years.
Violations (b) Any person who commits any of the acts
enumerated hereunder shall be penalized in the
Sec. 264 same manner and to the same extent as provided
for in this Section:
Failure to No provision in the current Tax Code. A new section is added as Section 264-A:
Transmit Sales
Data Entered “Sec. 264-A. Failure to Transmit Sales Data Entered
on CRM/POS on Cash Register Machine (CRM)/ Point of Sales
Machines to the System (POS) Machines to the BIR’s Electronic
BIR’s Sales Reporting System. - Any taxpayer required to
Electronic transmit sales data to the Bureau’s electronic sales
Sales reporting system but fails to do so shall pay, for each
Reporting day of violation, a penalty amounting to one-tenth of
System one percent (1/10 of 1%) of the annual net income
as reflected in the taxpayer’s audited financial
statement for the second year preceding the current
taxable year for each day of violation or Ten
Thousand Pesos (P10,000), whichever is higher:
Provided, That should the aggregate number of the
days of violation exceed one-hundred eighty (180)
days within a taxable year, an additional penalty of
permanent closure of the taxpayer shall be imposed:
Provided, further, That if the failure to transmit is due
to force majeure or any causes beyond the control of
the taxpayer the penalty shall not apply.”
Purchase, Use, No provision in the current Tax Code. A new section is added as Section 264-B.
Possession,
Sale or Offer to “Sec. 264-B. Purchase, Use, Possession, Sale or
Sell, Offer to Sell, Installment, Transfer, Update, Upgrade,
Installment, Keeping or Maintaining of Sales Suppression
Transfer, Devices. - Any person who shall purchase, use,
Update, possess, sell or offer to sell, install, transfer, update,
Upgrade, upgrade, keep or maintain any software or device
Keeping or designed for, or is capable of: (A) suppressing the
Maintaining of creation of electronic records of sale transactions
Sales that a taxpayer is required to keep under existing tax
Suppression laws and/or regulations; or (B) modifying, hiding, or
Devices deleting electronic records of sales transactions and
providing a ready means of access to them, shall be
punished by a fine of not less than Five Hundred
Thousand Pesos (P500,000.00) but not more than
Ten Million Pesos (P10,000,000.00); and suffer
imprisonment of not less than two (2) years but not
more than four (4) years; Provided, That a
cumulative suppression of electronic sales record in
excess of the amount of Fifty Million Pesos
(P50,000,000.00) shall be considered as economic
sabotage and shall be punished in the maximum
penalty provided for under this provision.”
Offenses No provision on Fuel Marking. A new section is added as Section 265-A.
Relating to Fuel
Marking
“Sec. 265-A. Offenses Relating to Fuel Marking. - All
offenses relating to fuel marking shall, in addition to
the penalties imposed under Title X of the NIRC, as
amended, Section 1401 of Republic Act 10863,
otherwise known as the ‘Customs Modernization and
Tariff Act (CMTA)’, and other relevant laws, be
punished as follows:
Violations No provision in the current Tax code (1) Tenth item is added to Sec. 269
Committed by “ Deliberate failure to act on the application
Government for refunds within the prescribed period
Enforcement provided under Section 112 of this Act.”
Officers
Sec. 269