Professional Documents
Culture Documents
Untitled 1
Untitled 1
What is TRAIN?
The goal of the first package of the CTRP or
TRAIN is to create a simpler, fair, and more
efficient system, as per the constitution, where
the rich will have a bigger contribution and the
poor will benefit more from the government’s
programs and services.
Section 6 The Commissioner has the In exercising this authority, the following shall be
Power of the authority to determine fair observed:
Commissioner to market value of real properties. 1.Mandatory consultation with both private and public
make assessments competent appraisers before division of the Philippines
and prescribe into zones.
additional 2.Prior notice to affected taxpayers before the
requirements for tax determination of fair market values of the real
administration and properties.
enforcement 3.Publication or posting of adjustments in zonal value
in a newspaper of general circulation in the province,
city or municipality concerned.
4.The basis of valuation and records of consultation
shall be public records open to the inquiry of any
taxpayer.
5.Zonal valuations shall be automatically adjusted once
every three years.
TRAIN Briefing – Power & Authority of the CIR
VER 1.0 – January 2018
On coal and coke, per metric ton P 10.00 P 50.00 P 100.00 P 150.00
RR 25-2003 TRAIN
P 12,000 + 20% in
Over P600,000 up to
excess of P P0 up to P600,000 4%
P 1,100,000
600,000
Over P600,000
P112,000+ 40% 10%
Over P 1,100,000 up to P1,000,000
in excess of
Up to P2,100,000
P1,100,000 Over P1,000,000
20%
P512,000 + 60% up to P4,000,000
Over P2,100,000 in excess of
P2,100,000 Over P4,000,000 50%
Types of Sweeteners
• Caloric Sweetener - refers to a substance that is sweet and
includes sucrose, fructose, and glucose that produces a
Sweetened certain sweetness.
Beverages
• High Fructose Corn Syrup – refers to a sweet saccharide
mixture containing fructose and glucose which is derived
from corn and added to provide sweetness to beverages, and
which includes other similar fructose syrup preparations.
• Manufacturer
Persons • Owner or Possessor of untaxed
Liable
products
• Importer
1. Liposuction
Definition of 2. Mammoplasty
Terms 3. Breastlift
4. Buccal Fat Reduction
5. Buttocks Augmentation
1. Cleanings and
Facials
Definition of
Terms 2. Peelings (Face and
Body)
3. Injectables and
Weight Management
Treatment
Invoicing Requirements
Invoicing Requirements
The total amount which the patient/client pays or is obligated
to pay to the service provider including the excise tax and
value added tax: Provided, that:
Administrative • The amount of excise tax shall be shown as a
Requirements separate item in the OR;
• Discounts given shall be indicated in the OR,
otherwise the same shall not be allowed as
deduction from gross receipts;
• If the procedure performed is non-invasive and
considered exempt from excise tax, the term
Exempt from Excise Tax shall be shown on the OR;
Invoicing Requirements
• If the services performed involved both invasive
(excisable) and non-invasive (exempt from excise tax)
procedures, the receipt shall clearly indicate the
Administrative breakdown of the amount received between its taxable
Requirements and exempt components and the calculation of excise tax
on each portion of the procedure performed shall be
shown on the receipt:
• Provided, that the service provider may issue separate
ORs for the excisable and exempt components of the
services rendered.
*Represents the excise tax to be withheld and remitted by the service provider to the
BIR
Accounting Entries
CASH 52,232.15
Administrative
Requirements FWT-EXCISE TAX 2,232.15
OUTPUT TAX 5,357.15
SERVICE INCOME 44, 642.85
Accounting Requirements
Not withstanding the provisions of Section 233,
all persons subject to excise tax under Section
150-A of the Tax Code shall, in addition to the
Administrative
Requirements
regular accounting records required, maintain a
subsidiary ledger on which every service
rendered/performed on any given day is recorded.
The subsidiary ledger shall contain the following
information:
COSMETIC
OFFICIAL RECEIPT PROCEDURES AMOUNT COLLECTED
Gross Receipts
(Net of 5% Excise Tax
No. Date PERFORMED VAT /Excise) Withheld 12% VAT Total
1. Mayor’s Permit
2. BIR Certificate of Registration (with latest
Administrative registration fee BIR Form 0605)
Requirements 3. Latest Copy of Income Tax Return
4. Location Map of Clinics/Hospitals where the
medical professionals/practitioners perform the
services
5. Price list of Invasive/Non-invasive Medical
Procedures
Section 24 Taxable income of individuals are subject to the Revised personal income tax brackets
Income tax rates on following graduated rates: of 2018-2022:
individual citizen
and individual
resident alien of the
Philippines
Section 24 Taxable income is subject to the For purely self-employed and/or professionals
Income tax of self- same graduated rates whose gross sales/receipt and other non-operational
employed and/or income do not exceed the VAT threshold of
professionals P3Million, the tax shall be, at the taxpayer’s option,
either:
1. 8% income tax on gross sales or gross receipts in
excess of P250,000 in lieu of the graduated income
tax rates and the other percentage tax; OR
2. Income tax based on the graduated income tax
rates for individuals
TRAIN Briefing – Income Tax
VER 1.0 – January 2018
Section 24 Taxable income is subject to For mixed income earners (earning both compensation
Income tax of mixed the same graduated rates income and income from business or practice of
income earners profession, their income taxes shall be:
1. For income from compensation – Graduated income
tax rates fro individuals, AND
2. For income from business or practice of profession:
a. Gross sales/receipts which do not exceed the VAT
threshold of P3Million – 8% income tax on gross
sales/receipts and other non-operating income OR
graduated income tax rates on taxable income, at the
taxpayer’s option
b. Gross sales/receipts and other non-operating income
which exceeds the VAT threshold of P3Million –
graduated income tax rates for individuals
Section 24 (B) (1) Interest income received by an The rate of final tax on interest income
Final tax on interest individual taxpayer (except a non- received by resident individual taxpayer
on foreign currency resident individual) from a under the expanded foreign currency
deposit depository bank under the expanded deposit system increased from 7.5% to
foreign currency deposit (EFCD) 15% final tax
system is subject to 7.5% final tax
Section 24 (C) The capital gains tax on net capital The final tax rate for net capital gains tax on
Capital gains tax gains realized from sale, barter, or the sale, barter, exchange or other
on sale of shares exchange or other disposition of disposition of shares of stock in a domestic
not traded through shares of stock in a domestic corporation no traded through the stock
the stock exchange corporation not traded through the exchange is increased from 5/10% CGT to a
stock exchange is: flat rate of 15% CGT
Section 31 Means the pertinent items of gross The phrase “and/or personal and
Definition of income specified in this Code, less the additional exemptions” is removed in the
Taxable Income deductions and/or personal and definition.
additional exemptions, if any,
authorized for such types of income
by this Code or other special laws
Section 35 Individual taxpayers are entitled to: The Basic Personal and Additional
Personal Basic Personal Exemption – P50,000 Exemptions of individual taxpayers are
Exemptions removed.
and
Additional Exemption – P25,000 per The related provision on furnishing
qualified dependent child exemption certificate is likewise removed.
Section 32 (B) The amount of tax-exempt 13th The amount of tax-exempt 13th month
Tax exempt 13th month pay and other benefits is pay and other benefits is increased to
month pay P82,000. P90,000.
Section 33 (A) • Fringe benefits given to non-rank • The Fringe Benefits Tax is increased to
Tax on fringe and file employees are subject to 35% effective January 1, 2018
benefits given to 32% final tax • The grossed up monetary value of the
non-rank and file • The grossed up monetary value of fringe benefit given to non-rank and
employees the fringe benefit given to non-rank file employees shall be determined by
and file employees shall be dividing the actual monetary value by
determined by dividing the actual 65%
monetary value by 68%
Section 34 (M) The allowable deduction for Allowable deduction for premium
Allowable premium payments on health and/or payments on health and/or hospitalization
deduction for hospitalization insurance of an insurance of an individual taxpayer is
premium payments individual taxpayer is P2400 per removed.
on health and/or year or P200 per month, subject to a
hospitalization gross family income threshold of
insurance P250,000.
Additional provision:
The ITR shall consist of a maximum of
four (4) pages in paper OR electronic
form. It shall only contain the following
information:
•Personal profile and information
•Gross sales receipts or income from
compensation, from business, or from
exercise of profession (except income
subject to final tax)
•Allowable deductions
•Taxable income
•Income tax due and payable
Section 62 There is allowed personal exemption of The exemption for estates and trusts is
Exemption for ₱50,000 from the income of the estate removed.
estates and trusts or trust.
The amount of estimated income with The payment of the four installments shall
respect to which a declaration is be:
required shall be paid in four (4) •First – May 15
installments: •Second – August 15
•First – at time of declaration •Third – November 15
•Second – August 15 •Fourth – on or before May 15 of the
•Third – November 15 following calendar year when the final
•Fourth – on or before April 15 of the adjusted income tax return is due to be
following calendar year when the final filed.
adjusted income tax return is due to be
filed.
TRAIN Briefing – Income Tax
VER 1.0 – January 2018
TAX DUE 0
Tax Due 0
Excess ₱400,000.00
Section 106 (A)(2) The Department of Finance shall establish a VAT Refund
Zero-rated Sale of Center in the BIR and BOC that will handle the processing
Goods or Properties and granting of cash refunds of creditable input tax.
An amount equivalent to 5% of the total VAT collection of
the BIR and BOC from the immediately preceding year
shall automatically be appropriated annually and shall be
treated as a special account in the General Fund or as trust
receipts for funding VAT refund claims.
Further, the BIR and BOC shall be required to submit to the
Congressional Oversight Committee on the CTRP a
quarterly report of all pending claims for refund and any
unused fund.
Section 108 (A) Sale or exchange of Sale or exchange of services include “sale of
Definition of Sale or services include electricity by generation companies, transmission by
Exchange of Services “sale of electricity by any entity including the National Grid
generation Corporations of the Philippines [NGCP], and
companies, distribution companies, including electric
transmission, and Cooperatives”.
distribution
companies”
Section 109 upon the production of evidence for their own use and not for barter or sale,
VAT-exempt satisfactory to the Commissioner, accompanying such persons, or arriving within
transactions that such persons are actually a reasonable time: Provided, That the Bureau of
coming to settle in the Philippines Customs may, upon the production of
and that the change of residence satisfactory evidence that such persons are
is bona fide. actually coming to settle in the Philippines and
that the goods are brought from their former
place of abode, exempt such goods from
payment of duties and taxes:
Section 109 (W) Sale or lease of goods or (Z) Sale of gold to the BSP.
VAT-exempt properties or the performance
Transactions of services other than the (AA) Sale of drugs and medicines prescribed for
transactions specifically diabetes, high cholesterol, and hypertension
mentioned as VAT-exempt, the beginning January 1, 2019.
gross annual sales and/or
receipts do not exceed the Now (BB) Sale or lease of goods or properties or
amount of P1,919,500.00 (as the performance of services other than the
amended). transactions mentioned in the preceding
paragraphs, the gross annual sales and/or receipts
do not exceed the amount of P3,000,000.
Section 110 (A)(2) The input tax on the Amortization of input VAT shall only
(b) purchase of capital goods allowed until December 31, 2021.
Amortization of with a cost exceeding
Input VAT from P1,000,000.00 shall be After such date, taxpayers with
Purchases of Capital amortized based on its unutilized input VAT on capital goods
Goods useful life or 60 months, purchased or imported shall be allowed
whichever is shorter. to apply the same as scheduled until fully
utilized.
Section 112 The Commissioner shall• The period of granting by the Commissioner of
Refunds or Tax Credit grant a refund or issue a tax refunds is decreased to 90 days (from 120 days)
of Input VAT credit certificate for from the date of submission of complete
creditable input taxes within documents in support of the application.
120 days from the date of
submission of complete• The granting of tax credit instead of refund is
documents. removed.
Additional provision:
Should the Commissioner find that the grant of
refund is not proper, the Commissioner must sate
in writing the legal and factual basis for denial.
Section 112 Failure on the part of the The deemed denial of failure to act on the
Refunds or Tax Credit Commissioner to act on the application is removed.
of Input VAT application within the
period prescribed shall be Additional provision:
deemed a denial of the
application. Failure on the part of any official, agent, or
employee of the BIR to act on the application within
the ninety (90) – day period shall be punishable
under Section 269 of the Tax Code (administrative
fine and imprisonment).
Section 114 (A) VAT taxpayers shall file Beginning January 1, 2023, the filing and
Return and Payment of quarterly return within 25 payment shall be done within 25 days following
VAT days following the close of the close of each taxable quarter.
each taxable quarter, while
payment of the VAT shall be
made on a monthly basis
upon filing of monthly VAT
declaration.
Section 90 Estate tax returns shall be filed within The filing of estate tax returns shall be
Time of filing of six (6) months from the decedent’s within one (1) year from the decedent’s
estate tax return death. death.
Section 237 A duly-registered receipt or sales or It is expressly provided that the issuance of
Receipts or Invoices commercial invoice , prepared at least in the receipt or invoice shall be made at the
duplicate, shall be issued for each sale of point of sale.
merchandise or service rendered valued
at ₱25 or more.
The threshold amount is increased to
₱100.00
TRAIN Briefing – Administrative Provisions
VER 1.0 – January 2018
Section 237 (A) No provision The taxpayers that will be mandated under
Electronic Sales Sections 236 to issue electronic
Reporting System receipts/invoices shall be required to
[new] electronically report their sales data to the
BIR through the use of electronic point of
sales systems.
Section 237 (A) No provision The data processing of sales and purchase
Electronic Sales data shall comply with:
Reporting System •the Data Privacy Act
[new] •the provision of the Tax Code on unlawful
divulgence of taxpayer information (Section
270)
•other laws relating to the confidentiality of
information
General interest 20% interest on any unpaid amount of General interest on unpaid amount of tax
tax from the date prescribed for is changed to 12% (at double the rate of
payment until the amount fully paid legal interest rate for loans or forbearance
of any money in the absence of an
express stipulation as set by the BSP;
prevailing BSP-set legal interest is 6%)
Additional proviso:
Deficiency and delinquency interest shall
in no case be imposed simultaneously.