Professional Documents
Culture Documents
5636
S. No. 1592
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AN ACT AMENDING SECTIONS 5, 6, 24, 25, 27, 31, 32, 33, 34,
51, 52, 56, 57, 58, 74, 79, 84, 86,90, 91, 97, 99, 100,101,
106 , 107, 108, 109, 110, 112 , 114, 116 , 127 , 128 , 129, 145,
148 , 149 , 151, 155, 171, 174, 175 , 177 , 178 , 179 , 180, 181,
182, 183 , 186 , 188 , 189, 190 , 191, 192, 193, 194, 195 , 196 ,
197, 232, 236, 237, 249, 254, 264, 2 >9, AND 288; CREATING
NEW SECTIONS 51-A, 148-.A, 150-A, 150-B, 237-A, 264-
A, 264-B, AND 265-A; AND REPEALING SECTIONS
35, 62, AND 89; ALL UNDER REPUBLIC ACT NO. 8424,
OTHERWISE KNOWN AS THE NATIONAL INTERNAL
REVENUE CODE OF 1997 , AS AME NDED, AND FOR
OTHER PURPOSES
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SECTION l. Title. - This Act shall be known as the "Tax
Reform for Acceleration and Inclusion (TRAIN)". addresses, and financial statements of corporations,
mutual fund companies, insurance companies,
SEC. 2. Declaration of Policy. - Itis hereby declared the ..• .
regional operating headquarters of multinational
policy of the State: , ;. companies, joint accounts, associations, joint ventures
(a) To enhance the progressivity of the tax system through ;
,r
or consortia and registered partnerships, and their
members: Provid ed , That the Cooperative
the rationalizationof the Philippine internal revenue tax Development Authority shall submit to the Bureau a
-
system, thereby promoting sustainable and inclusive economic 1 , tax incentive report , which shallinclude information
growth; 1 ;;
on the income tax, value-added tax, and other tax
(b) To provide, as much as possible, an equitable relief to incentives availed ofby cooperatives registered and
a greater number of taxpayers and their families in order to enjoying incentives under Republic Act No. 6938,
improve levels of disposable income and increase economic as amended: Provided, further, That the
information submitted by the Cooperative
activity; and
ii
· Development Authority to the Bureau shall be
(c) To ensure that thegovernment is able to provide for submitted to the Department of Finance and shall
the needs of those under its jurisdiction and care through the I
provision of better infrastructure, healt h, education, jobs, and ·,t· ;,1
be included in the database created under
Republic Act No. 10708, otherwise known as
social protection for the people. 'The Tax Incentives Management and
SEC. 3. Section 5 of the National Internal Revenue Code of
: Transparency Act (TIMTA)'.
1997 (NIRC), as amended, is hereby further amended to read as nw "xxx."
follows: -i
SEC. 4. Section 6 of the NIRC, as am ended , is hereby
"SEC. 5. Power of the Commisswner to Obtain <. further amended to read as follows:
Information, a,nd to Summon, Examine, a.nd Take ·)
Testimony of Persons. - In ascertaining the ;] "SEC. 6. Power of the Commissioner to
correctness of any return, or in making a return when "' Make Assessments and Prescribe Addi tiona ,l
i:1. ;
none has been made, or in determining the liability Requirements for Tax Administration and
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of any person for any internal revenue tax, or in Enforcement. -
collecting any such liability, or in evaluating tax
compliance, the Com.missioner is authorized: 11t
"(A) Examination of Returns and
Determination of Tax Due. - After a return has
"(A) XX X
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been filed as required under the provisions of this
Code, the Commissioner or his duly authorized
"(B) To obtain on a regular basis from any ·
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"(b) If Total Gross Sales and/or Gross Receipts the long-term deposit or investment certificate based
and Other Non-operating Income Exceeds the on the remaining maturity thereof:
VAT Threshold as Provided in Section 109(BB) of this
Code. - The rates prescribed under Subsection (A)(2) "x x x.''
(a) oftbis Section.
"(2) Cash and/or Property Divid ends . - A
"(B) Rate of Tax on Certain Passive final tax at the rate of ten percent (10%) shall be
Income: - imposed upon the cash and/or property dividends
actually or constructively received by an individual
"(l) Interests, Royalties, Prizes, and Other from a domestic corporation or from a joint stock
Winnings. - Afinal tax at the rate of twenty percent compan y, insurance or mutual fund companies and
(20%) is hereby imposed upon the amount of interest regional operating headquarters of multinational
from any currency bank deposit and yield or any other companies, or on the share of an individual in the
monetary benefit from deposit substitutes and from distributable net income after tax of a partnership
trust funds and similar arrangements; ro;valties, (except a general professional partnership) of which
except on books, as well as other literary works and he is a partner, or on the share of an individual in
musical compositions, which shall be imposed a final the net income after tax of an association, a joint
tax of ten percent (10%); prizes (except prizes accoun t , or a joint venture or consortium taxable as
amounting to Ten thousand pesos (Pl0,000) or less a corporation of which he is a member or co-ventur
which shall be subject to tax under Subsection (A) of er.
Section 24; and other winnings (except winnings
amounting to Ten thousand pesos (Pl0,000) or less " (C) Capita.l Ga,ins from Sale of Shares of Stock
from Philippine Charity Sweepstakes and Lotto which t not Traded in the Stock Excha nge. - The provisions
shall be exempt), derived from sources within the of Section 39(B) notwi thstan din g, a final tax at the
Philippines: Provided, however, That interest income l, .,,, rate of fifteen percent (15%) is hereby imposed upon
received by an individual taxpayer (except a the net capital gains realized during the taxable year
nonresident individual) from a depository bank under , from the sale, barter , exchange or other disposition
the expanded foreign currency deposit system shall i of shares of stock in a domestic corporation , ex cept
be subject to a final income tax at the rate of fifteen shares sold , or disposed of throuih the stock
percent (15%) of such interest income: Provided, exch ange.
further, That interest income from long-term deposit
"x x x."
or investment in the form of savings, common or
individual trustfunds, deposit substitutes, investment
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SEC. 6. Section 25 of the NIRC, as amended, is hereby
management accounts and other investments further amended to read as follows:
evidenced by certificates in such form prescribed by
the Bangko Sentralng Pilipinas (BSP) shall be "SEC. 25. Tax on Non re si d ent Ali en
exempt from the tax imposed under this Individual. -
Subsection: Provided, finally, That should the "(A) Nonresid ent Alien Engaged in Trade or
holder of the certificate pre-terminate the deposit Business Within the Philippin es. -
or investment before the fifth (5th) year, a final tax
shall be imposed on the entire income and shall be "x x x
deducted and withheld by the depository bank from
the proceeds of
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"(B) Nonresident Alien Individual Not
Engaged in Trade or Business Within the "(E) Alien Individual Employed by Petroleum
Philippines. - Service Contractor and Subcontractor. - An alien
individual who is a permanent resident of a foreign
"x xx country but who is employed and assigned in the
Philippines by a foreign service contractor or by a
"(C) Alien Individual Empwyed by Regional or foreign service subcontractor engaged in petroleum
Area Headquarters and Regional Operating operations in the Philippines shall be liable to a tax
Headquarters of Multinational Companies. - There of fifteen percent (15%) of the salaries, wages,
shall be levied, collected and paid for each taxable annuities, compensation, remuneration and other
year upon the gross income received by every alien emoluments, such as honoraria and allowances,
individual employed by regional or area headquarters received from such contractor or subcontractor:
and regional operating headquarters established in Provided, however, That the same tax treatment
the Philippines by multinational companies as shall apply to a Filipino employed and occupying the
salaries, wages, annuities, compensation, same position as an alien employed by petroleum
remuneration and other emoluments, such as service contractor and subcontractor .
honoraria and allowances, from such regional or area
headquarters and regional operating headquarters, "Any income earned from all other sources
a tax equal to fifteen percent (15%) of such gross within the Philippines by the alien employees referred
income: Provided, however, That the same ta.'lC to under Subsections (C), (D), and (E) hereof shall
treatment shall apply to Filipinos employed and be subject to the pertinent income tax, as the case
occupying the same position as those of aliens may be, imposed under this Code.
employed by these multinational companies. For
purposes of this Chapter, the term 'multinational "(F) The preferential tax treatment provided in
company' means a foreign firm or entity engaged in Subsections (C), (D), and (E) of this Section shall not
international trade with affiliates or subsidiaries or .,, be applicable to regional headquarters (RHQs) ,
branch offices in the Asia-Pacific Region and other regional operating headquarters (ROHQs), offshore
foreign markets. banking units (OBUs) orpetroleum service contractors
and subcontractors registering with the Securities
"(D) Alien Individual Employed by Offshore and Exchange Commission (SEC) after
Banking Units. - There shall be levied, collected January 1, 2018: Provided, however, That existing
and paid for each taxable year upon the gross RHQs/ROHQs, OBUs or petroleum service
income received by every alien individual employed contractors and subcontractors presently availing of
by offshore banking units established in the preferential tax rates for qualified employees shall
Philippines as salaries, wages, annuities, continue to be entitled to avail of the preferential
compensation, remuneration and other emoluments, tax rate for present and future qualified employees."
such as honoraria and allowances, from such
offshore banking units, a tax equal to fifteen percent SEC. 7. Section 27 of the NIRC, as amended , is hereby
(15%) of
such gross income: Provided, however, That the same further amended to read as follows:
tax treatment shall apply to Filipinos employed
and occupying the same position as those of "SEC. 27. Rates of Incom e Tax on Domestic
aliens employed by these offshore banking units. Corporations. -
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"(.A.) In General. - x x x
tock in a domestic corporati on except shares sold
osf
or disposed of through the stock exchange.
"x x x
"x x x."
"(1) Interest from Deposits and Yield or any " (B) Exclus ions from Gross Income. - xx x
other Monetary Benefit from Deposit Substitutes and
from Trust Funds and Similar Arrangements, and ,,,, "(1) XX X
Royalti es. - Afinal tax at the rate of twenty percent
(20%) is hereby imposed upon the amount of interest
" (7') Miscellaneous Item s. -
on currency bank deposit and yield or any other
monetary benefit from deposit substitutes and from
"(a) XX X
trust funds and similar arrangements received by
domestic corporations , and royalties, derived from
sources within the Philippines: Provided, however, "(e) 13th Month Pay and Other Bene fits. -
Thatinterest income derived bya domestic corporation G ross benefits received by officials and employees of
from a depository bank under the expanded foreign pu blic and private entities: Provided, however, That
currency deposit system shall be subject to a final the total exclusion under this subparagraph shall not
income tax at the rate of fifteen percent (15%) of exceed Ninety thous and pesos (P90,000) which
such interest income. shall cover:
"(2) Capital Gains from the Sale of Shares of "(i) Benefits received by officials and
Stock Not Trad ed in th e Stock Exchange. - A final employees o f t he national an d local government
tax at the rate of fifteen percent (15%)shall be pursuant to Republic Act No. 6686;
imposed on net capital gains realized during the
taxable year from the sale, exchange or other
disposition of shares
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SEC. 13. Section 51 of the NIRC, as am ended , is hereby "(D) Tax.able income as defined in Section 31 of
further amended to read as follows: this Code; and
"SEC. 51. Individual Retu rns. - "(E) In come tax. due and payable.
"x xx."
"(A) XX X
SEC. 14. A new sect ion design ate d as Section 51-A of the
"(1) XX X NIRC, as amended, is hereby inserted to read as follows:
"SEC. 51-A Substituted Filing of In
"xxx comeTax Ret urn s by Emplo yees Receiving Pu rel
y Compensation In come. - In dividual taxpayers
receiving purely compensation income, regardless
of amo unt, from only one employer in the
Philippines
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for the calendar year, the income tax of which has
been withheld correctly by the said employer (tax " Provided, That the foregoing provisions
due equals tax withheld) shall not be required to shall not affect the implementation of Republic
file an annual income tax retur n. The certificate Act No. 10708 or TIMTA.
of withholding filed by the respective employers,
duly stamped 'received'by the BIR, shall be "xxx."
tantamount to the substituted filing of income tax
returns by said employees." SEC.16. Section 56 of the NIRO, as amended, is hereby
further amended to read as follows:
SEC. 15. Section 52 of the NIRC, as amended, is hereby
further amended to read as follows: "SEC. 56. Payment and Assessment of
Income Tax for Individuals and Corporations. -
"SEC. 52. Corporation Retur ns. -
"(A) Payment of Tax. -
"(A) Requirements. - Every corporation
subject to the tax herein imposed, except foreign "(1) XX X
"(3) Allowable deductions under this Code; " (B) Withholding of Creditable Tax at Source.
- The Secretary of Fin ance may , upon the
"(4) Taxable income as defined in Section 31 r e commendation of the Commissioner, require the
of this Code; and withholding of a tax on the items of income payable
to natural or juridical persons , residing in the
"(5) Income tax due and payabl e. P hilippines , by payor-corporation/persons as
provided for by law , at the rate of not less than
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one percent (1%) but not more than thirty-two
percent (32%) thereof, which shall be credited taxable year on or before May 15 of the same taxable
against the income tax liability of the taxpayer for year. XX X
the taxable year: Provided, That, beginning
January 1, 2019, the rate of withholding shall not "(B) Return and Payment of Estimated Income
be less than one percent (1%) but not more than Tax by Individuals. - The amount of estimated
fifteen percent (15%) of the income payment. income as defined in Subsection (C) with respect to
which a declaration is required under Subsection (A)
"(G) XX x." shall be paid in four (4) in stallm ent s. The first
installment shall be paid at the time of declaration
SEC. 18. Section 58 of the NIRC, as amended, is hereby and the second and tJurd shall be paid. on August 15
further amended to read as follows: · and November 15 of the current year, respectively.
The fourth installment shall be paid on or before
"SEC. 58. Return and Payment of Taxes May 15 of the following calendar year when the
Withheld at Source. - final adjusted income tax return is due to be filed.
''Twenty percent (20%) of the value, if the prior "(6) Transfers for Public Use. - The amount
decedent died more than four (4) years but not of all bequests, legacies, devises or transfers to or for
more than five (5) years prior to the deathof the the use of the Government of the Republic of the
decedent, or if the property was transferred tohim by Philippines, or any political subdivision thereof, for
gift within the same period prior to his death. exclusively public purposes.
"These deductions shall be allowed only where .,, "(7) The Family Hom e. - An amount
a donor's tax, or estate tax imposed under this Title equivalent to the current fair market value of the
was finally determined and paid by or on behalf of decedent's family home: Provided, however , That if
such donor, or the estate of such prior decedent, as the said current fair market value exceeds Ten
the case may be, and only in the amount finally million pesos (Pl 0,000,000), the excess shall be
determ,ined as the value of such propetty in subject to estate tax.
deternrining the value of the gift, or the gross estate
of such prior decedent, and only to the extent that "(8) Amount Received by Heirs Under Republic
the value of such property is included in the Act No. 4917. - Any amount received by the heirs
decedent's gross estate, and only ifin determining from the decedent's employee as a consequence of
the value of the estate of the prior decedent, no the death of the decedent-employee in accordance
deduction was with RepublicActNo.4917: Provided,
Thatsuchamount is included in the gross estate of
the decedent.
"(2) That proportion of the deductions specified "(a) The amount of the credit in respect to the
in paragraphs (2), (3), and (4) of Subsection (A) of tax paid to any country shall not exceed the same
this Section which the value of such part bears to proportion of the tax against which such credit is
the value of his entire gross estate wherever taken, which the decedent's net estate situated within
situated; such country taxable under this Title bears to his
entire net estate; and
"(3) Property Previously Taxed. - x x x
"(b) The total amount of the credit shall not
exceed the same proportion of the tax against which
"(4) Transfers for Public Use. - The amount
such credit is taken, which the decedent's net
of all bequests, legacies, devises or transfers to or for
estate situated outside the Philippines taxable
the use of the Government of the Republic of the
under this Title bears to his entire net estate."
Philippines or any political subdivision thereof, for
exclusively public purposes.
SEC. 24. Section 89 of the NIRC, as amended, is hereby
repealed.
"(C) Share in the Conjugal Property. - The
net share of the surviving spouse in the conjugal
partnership property as diminished by the obligations SEC. 25. Section 90 of the NIRC, as amended, is hereby
properly chargeable to such property shall, for the further amended to read as follows:
purpose of this Section, be deducted from the net
estate of the decedent. "SEc: 90. Estate Tax Returns. -
"(D) Tax Credit for Estate Taxes Paid to a "(A) Requirements. - In all cases of transfers
Foreign Country. - subject to the tax imposed herein, or regardless of
.... the gross value of the estate, where the said estate
"(l) In General. - The tax unposed by this consists of registered or registrable property such as
Title shallbe credited with the amounts of any real property, motor vehicle, shares of stock or other
estate tax imposed by the authority of a foreign similar property for which a clearance from the
country. Bureau of Internal Revenue is required as a condition
precedent for the transfer of ownership thereof in the
name of the transferee, the executor, or the
"(2) Limitations on Credit. - The amount of
administrator, or any of the legal heirs, as the case
the credit taken under this Section shall be subject
may be, shall file a return under oath in duplicate,
to each of the following limitations: setting forth:
"(1) XX X
"(2) XX X
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SEC. 30. Section 101 of the NIRC, as amen ed, is hereby SEC. 31. Section 106 of the NIRC, as amended, is hereby
further amended to read as follows: further amended to read as follows:
"SEC. 101. Exemption of Certain Gifts. - The "SEC. 106. Value-added Tax on Sale of Goods
following giftsor donations shall be exempt from the or Properties . -
tax provided for in this Chapter:
" (A) Rate and Base of Tax. - There shall be
"(A) In the Case of Gifts Made by a Resident. - levied, assessed and colle cted on every sale, barter
or exc hange of goods or properties, a value-added
tax equivalent to twelve percent (12%) of t he gross
"(1) Gifts made to or for the use of the National
selling price or gross value in money of the goods or
Government or any entity created by any of its ,,, properties sold, bartered or exchanged, such tax to be
agencies which is not conducted for profit , or to paid by the seller or tr ansferor.
any political subdivision of the said Government;
and
"(1) XX X
"(A) Rate and Base of Tax. - There shall be "(1) The lease or the use of or the right or
levied, assessed and collected, a value-added tax privilege to use any copyright, patent, design or
equivalent to twelve percent (12%) of gross receipts model, plan, secret formula or process , goodwill,
derived from the sale or exchange of services , trademark, trade brand or other like property or right
including the use or lease of properties. ;
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"(6) The supply of technical advice, assistance "(2) Services other than those mentioned in
or services rendered in connection with technical the preceding parag:1:aph, rendered to a person
management or administration of any scientific, engaged in business conducted outside the
industrial or commercial undertaking, ventuxe, Philippines or to a nonresident person not engaged
project or scheme; in business who is
/ outside the Philippines when the services are
"(7) The lease of motion picture films, films, performed, the consideration for which is paid for in
tapes and discs; and acceptable foreign currency and accounted for in
accordance with the rules and regulations of the
"(8) The lease or the use of or-t he right to use Bangko Sentral ng Pilipinas (BSP);
radio, television, satellite transmission and cable
television time. "(3) Services rendered to persons or entities
whose exemption under special laws or international
"Lease of properties shall be subject to the agreements to which the Philippines is a signatory
tax herein imposed irrespective of the place where effectively subjects the supply of such services to
the contract oflease or licensing agreement was zero percent (0%) rate;
executed if the property is leased or used in the
Philippines. "(4) Services rendered to persons engaged in
international shipping or international air transport
"The term 'gross receipts' means the total operations, including leases of property for use thereof:
amount of money or its equivalent representing Provided , That these services shall be exclusive for
the contract price, compensation, service fee, international shipping or air transport operations;
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"(B) XX X
"(2) XX X
SEC. 40. Section 128 of the NI.RC, as amended, is hereby SEC. 42. Section 145 of the NIRC, as amended, is hereby
further amended to read as follows: further amended to read as follows:
"SEC. 128. Returns and Payment "SEC. 145. Cigars and Cigarettes. -
of Percentage "(A) Cigars. - xx x
Taxes. -
"(B) Cigarettes Packed by Hand. - There
"(A) XX X shall be levied, assessed and collected on cigarettes
packed by hand an excise tax based on the following
"(1) XX X schedules:
"(2) Persons Retiring from Business. - xx x "Effe ctive on January 1, 2018 until
June 30, 2018, Thirty-two pesos and fifty centavos
(P32.50) per pack;
"(3) Determination of Correct Sales or
Receipts. - x x x
"Effective on July 1, 2018 until
December 31, 2019, Thirty-five pesos (P35.00) per
"xxx." pack;
SEC. 41. Section 129, Chapter 1 of Title VI of the NI.RC, " Effe ctive on January 1, 2020 until
as amended, is hereby further amended to read as follows: December 31, 2021, Thirty-seven pesos and fifty
centavos (P37.50) per pack; and
"TITLE VI - EXCISE TAXES ON CERTAIN
GOODSANDSERVICES "Effec ti ve on January 1, 2022 until
_.;
"CHAPTER 1- GENERAL PROVISIONS ,
December 31, 2023, Forty pesos (P40.00) per pack
"SEC. 129. Goods and Services Subject to
Excise Taxes. - Excise taxes apply to goods ''The rates of tax imposed under this
manufactured or produced in the Philippines for subsection shall be increased by four percent (4%)
domestic sales or consumption or for any other every year effective on January 1, 2024, through
disposition and to things imported as well as services revenue regulations issued by the Secretary of
performed in the Philippines. The excise tax imposed Finance.
herein shall be in addition to the value-added tax
imposed under Title IV. "Duly registered cigarettes packed by hand
shall only be packed in twenties and other packaging
''Fo_r purposes of this Title, excise taxes combinations of not more than twenty.
herein imposed and based on weight or volume
capacity or any other physical unit of measurement "'Cigarettes packed by hand' shall refer to the
shall be referred to as 'specific tax' and an excise manner of packaging of cigarette sticks using an
tax herein imposed and based on selling price or other individual person's hands and not through any
specified value of the good or service performed shall be other means such as a mechanical device,
referred to as 'ad valorem tax.'" machine or equipment.
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"The rates of tax imposed under this Subsection .,, "(d) On denatured alcohol to be used for
shall be increased by four percent (4%) every year motive power , per liter of volume capacity, Eight
thereafter effective on January 1, 2024, through pesos (PS.00): Provided, That unless otherwise
revenue regulations issued by the Secretary of provided by special laws, if the denatured alcohol is
Finance." mixed with gasoline, the excise tax on which has
already been paid, only the alcohol content shall be
SEC. 43. Section 148 of the NIRC, as amended, is subject to the tax herein prescribed. For purposes
hereby further amended to read as follows: of this Subsection, the removal of denatured alcohol
of not less than one hundred eighty degrees (180°)
"SEC. 148. Manufactured Oils and Other proof (ninety percent (90%) absolute alcohol)
Fuels. - There shall be collected on refined and shall be deemed to have been removed for motive
manufactw:ed mineral oils and motor fuels, tl:ie power, unless shown otherwise;
following excise taxes which shall attach to the goods
hereunder enumerated as soon as they are in existence "(e) Na phth a, regular gasolin e, pyrolysis
as such: · gasoline and other similar products of dist illation,
per li t er of volu me ca paci t y, Seven pesos
(P7.00): Provided , ho we ver, That naphtha and
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'
applicable excise tax specified in this Section, except
"(b) Processed gas, per liter of volume capacity, :;
when such by-products are transferred to any of
Nine pesos (P9.00); the local oil refineries through sale, barter or
exchange, for the purpose of further processing or
"(c) Waxes and petrolatum, per kilogram, blending into
Nine pesos (P9.00); :finished products which are subject to excise tax
under this Section;
"(d) On denatured alcohol to be used for motive
power, per liter of volume capacity, Nine pesos "(f) Unleaded premium gasoline, per liter of
(P9.00): Provided, That unless otherwise provided volume capa city, Nine pesos (P9.00);
by special laws, if the denatured alcohol is mixed with
gasoline, the excise tax on which has already been "(g) Aviation turbo jet fuel, aviation gas, per
paid, only the alcohol content shall be subject to the liter of volume capaci ty, Four pesos (P4.00);
tax herein prescribed. For purposes of this
Subsection, the removal of denatured alcohol of not "(h) Kerosene , per liter of volume capacity,
less than one hundred eighty degrees (180°) proof
Four pesos (P4.00): Provided, That kerosene, when
(ninety percent (90%) absolute alcohol) shall be
used as aviation fuel, shall be subject to the same
deemed to have been removed for motive power,
tax on aviation turbo jet fuel under the
unless shown otherwise;
preceding
- paragraph (g), such tax to be assessed on the user
"(e) Naphtha, regular gasoline, pyrolysis thereof;
gasoline, and other similar products of distillation,
per liter of volume capacity, Nine pesos (P9.00):
"(i) Diesel fuel oil, and on similar fuel oils
Provided, however, That naphtha and pyrolysis
having more or less the same generating power, per
gasoline, when used as a raw material in the :'
liter of volume capacity, Four pesos and fifty
production of petrochemical products, or in the
centavos (P4.50);
refining of petroleum products, or as replacement fuel
for natural-gas-fired-combined cycle power plant in
lieu of locally-extracted natural gas during tp.e "G) Liquefied petroleum gas, per kilogram ,
non-availability thereof, subject to the rules and Two pesos (P2.00): Provi,ded, That liquefied petroleum
regulations to be promulgated by the Secretary of gas when used as raw material in the production of
Finance, per liter of volume capacity, zero (P0.00): petrochemical products, subject to the rules and
Provided, further, That the production of petroleum regulations to be promulgated by the Secretary
products, whether or not they are classified as of Finance , per kilo gram, zero (P0.00): Provided,
products of distillation and for use solely for the finally, That liquefied petroleum gas used for motive
power shall be taxed at the equivalent rate as the
excise tax on diesel fuel oil;
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be mandatory within five (5) years from the effectivity pesos (Pl,000,000) Ten percent (10%)
of this Act; and " Over One million pesos (Pl ,000,000)
to Four million pesos (P4,000,000) Twentypercent(20%)
"G) The term 'random field test' shall refer to
periodic random inspections and tests performed to "Over Four million pesos (P4,000,000) Fifty percent (50%)
establish qualitative and quantitative positive result
of fuel trafficking, which are conducted on fuels "Provided, That hybrid vehicles shall be
found in warehouses, storage tanks, gas stations and subject to fifty percent (50%) of the applicable excise
other retail outlets, and in such other properties tax rates on automobiles under this Section:
or equipment, including mechanisms of Provided, further , That purely electric vehicles and
transportation, of persons engaged in the sale, pick-ups shall be exempt from excise tax on
delivery, trading, transportation, distr ibution , or automobiles.
importation of fuel intended for domestic market. ,;
"As used in this Section -
"The term 'confirmatory tests' shall refer to
the accurate and precise analytical test of the tested "(a) Automobile shall mean any four (4) or
unmarked, adulterated, or diluted fuel using a device, more wheeled motor vehicle regardless of seating
tool or equipment which will validate and con.firm capacity, which is propelled by gasoline, diesel,
the result of the field test , that is immediately electricity or any other motive power: Provided, That
conducted in an accredited testing facility that is for purposes of this Act, buses, trucks, cargo vans,
certified to ISO 17025." jeepneys/jeepney substitutes, single cab chass is, and
special-purpose vehicles shall not be considered as
SEC. 45. Section 149, Chapter 6 of Title Vl of the NIRC, automobiles.
as amended, is hereby further amended to read as follows:
"(b) Truck/cargo van shall mean a motor
"CHAPTER VI - EXCISE TAX ON MISCELLANEOUS vehicle of any configuration that is exclusively
ARTICLES designed for the carriage of goods and withany
number of wheels and axles: Provided , That pick-
"SEC. 149. Automobiles. - There shall be ups shall be considered as tru cks.
levied, assessed and collected an ad ualorem tax on
64
65
I
Act:
"(c) All carbonated beverages;
"(1) All milk products , including plain milk,
"(d) Flavored water; infant formula milk, follow-on milk, growing up
milk, powdered milk, ready-to-drinkmilk and flavored
I
"(e) Energy and sports drinks; milk, fermented milk, soymilk, and flavored soymilk;
"(f) Other powdered drinks not classified as "(2) One Hundred Percent (100%) Natural
milk, juice, tea, and coffee; Fruit Juices - Original liquid resulting from the
pressing of fr ui t , the liquid resulting from the
\ reconstitution of natural fruit juice concentrate, or
. "(g) Cereal and grain beverages; and
l the liquid resulting from the restoration of water to
l
dehydrated natural fruit juice that do not have
"(h) Other non-alcoholic beverages that contain
added sugar. added sugar or caloric sweetener;
68 I 69
the reconstitution of natural vegetable juice I this Section shall be fined treble the amount of
i
concentrate, or the liquid resulting from the deficiency taxes, surcharges, and interest which may
restoration of wa1:er to dehydra1:ed natural be assessed pursuant to this Section.
vegetable juice that do not have added sugar or
'
.\
caloric swee1:ener; "Any person liable for any of the acts or
omissions prohibited under this Section shall be
"(4) MealReplacement and Medically Indicated I1 criminally liable and penalized under Section 254 of
Beverages - Any liquid or powder drink/product for •tt the NIRC, as amended. Any person who willfully
oralnutritional therapy for persons who cannot j aids or abets in the commission of any such act or
I
absorb or metabolize dietary nutrientsfrom food omission shall be criminally liable in the same
orbeverages, or as a source of necessary nutrition manner as the principal.
used due to a medical condition and an oral
electrolyte solution for infants and children f "If not a citizen of the Philippines, the offender
formulated to prevent dehydration due to illness;
and I! shall be deported immediately after serving the
sentence without further proceedings for deportation.
"(5) Ground coffee, instant soluble coffee, and
"(E) Specific Responsibility of the Food
pre-packaged powdered coffee products.
and Drug Administration (FDA) . - Starting
June 1, 2018 , the FDA shall require all
"(D) Filing of Return and Payment of Excise t manufacturers and impor1:ers of sweetened beverages
Tax and Penalty. - µ,
; covered by this Act to indicate on the label the type
of sweetener used, and on sweetened beverages
i
"(1) Filing of Return and Payment of Excise in powder form to indicate on the label the
ii
';
Tax on Domestic and Imported Sweetened equivalent of each serving per liter of volume
Beverages. ,,,, capacity.
- The provision of Sections 130 and 131of the
NIRC, as appropriate, shall apply to swee1:ened
beverages.
I "The FDA shall also conduct post
marketing surveillance of the sweetened beverages on
display in supermarkets, groceries or retail stores
"(2) Penalty. - Upon final findings by the
Commissioner ofinternalRevenue and/or Customs t (.
and/or inspection of manufacturing sites to determine
compliance with the requirements of this Section.
that any manufacturer or importer, in violation of '!
,. Violations of the provisions of this Act, including but
this Section, misdeclares or llllsrepresents in the not limited to, mislabeling or misbranding, shall, to
sworn statement provided in Section 130(c) of the
NIRC, as amended, any pertinent data or
i the extent applicable, be punishable under existing
laws.
information, the penalty of summary cancellation or
withdrawal of the permit to engage in business as
manufacturer or importer of swee1:ened beverages as I "(F) Duty of the Commissioner to Ensure
Payment of Taxes. - It shall be the duty of the
provided under Section 268 of the NIRC, as
amended, shall be imposed.
I Commissioner , among other thin gs, to prescribe a
j materially unique, secure and nonremovable
!, identification, such as codes, stamps or other
"Any corporation, association or partnership markings, to be firmly and conspicuously affixed on
liable for any of the acts or omissions in violation of
i and form part of the label of all excisable sweetened
beverages.
70 71
''For this pUipose, the abovementioned control the time of removal, in the case of those locally
measure shall be caused by the Commissioner to be extracted or produced; or the value used by the
printed with adequate security features to ensure Bureau of Customs in determining tariff and customs
the payment of excise tax on sweetened beverages. duties, net of excise tax and value-added tax in the
case of importation.
"(G) Review of Implementation of the
Sweetened Beverage Tax. - At the start of the "x x x:
implementation of the sugar sweetened beverage tax
and every year thereafter, the Department of Health, "(a) Copper and other metallic minerals ,
Department of Science and Technology, and four percent (4%); and
I
Department of Finance shallreview the impact of these
provisions on its health objectives with the view to "(b) Gold and chr omi te , four percent (4%).
making recommendations on the tax rate on these
beverages." "(4) On indigenous petroleum, a tax of
six percent (6%) of the fair international market price
SEC. 48. Section 151 of the NIRC, as amended, is hereby
t thereof, on the first taxable sale, barter , exchange or
further amended to read as follows:
.Ii such similar transaction, such tax to be paid by the
buyer or purchaser before removal from the place of
I
"SEC. 151. Mineral Produc ts. - production.xx x.
I
assessed and collected on minerals, mineral products
and quarry resources, excise tax as follows: SEC. 49. Section 155 of the NIRC, as amended, is hereby
furih.er amended to read as follows:
l
"(l ) On domestic or imported coal and coke,
notwithstanding any incentives granted in any law "SEC. 155. Manu facturers and/or Importers
l
or special law: to Provide Themselves with Counting or Metering
Devices to Dete rmine Volume of Production and
"Effective January 1, 2018, Fifty pesos (P50.00) Importation. - Manufacturers of cigarettes, alcoholic
I
per metric ton; products, oil products , and other articles subject to
excise tax that can be similarly measured shall
"Effective January 1, 2019, One hundred pesos provide themselves with such necessary number of
(Pl00.00) per metric ton; and suitable counting or metering devices to determine
as accurately as possible the volume, quantity or
I
' number of the articles produced by them under rules
. "Effective January 1, 2020, One hun dred fifty
and regulations promulgated by the Secretary of
pesos (Pl50.00) per metric ton. Finance, upon recommendationof the Commissioner:
I Provided, That the Department of Finance shall
"(2) On all nonmetallic minerals and quarry f maintain a registry of all petroleum manufacturers
resour ces, a tax of four percent (4%) based on the
l
actual market value of the gross output thereof at ' and/or importers and the articles being manufactured
72 delivery, tr adin g, transpo rta tion , distribution, or
importation of fuel intended for the domestic market:
I
and/or imported by them: Provided, further, That Provided, the following shall be comnlied with:
the Department of Finance shallmandate the
creation of a real-time inventory of petroleum
articles being
man ufactur ed, imported or found in storage depots of
such petroleum manufacturers and/or importers: I
Provided, finally, That importers of finished
petroleum products shall also provide themselves
with Bureau-accredited metering devices to
determine as accurately as possible the volume of
,
petroleum products imported by them.
, ,
fur th er amended to read as follows:
l
SEC. 52. Section 175 of the NIRC, as amended, is hereby
hundred pesos (P200), or fractional part thereof, of
further am.ended to read as follows:
the face value of such certificates or memor an
dum."
"SEC. 175. Stamp Tax on Sales, Agreements
to Sell, Memoranda of Sales, Deliveries or Transfer
of Shares or Certificates of Stock. - On all sales, or S EC. 54. Section 178 of the NIRC, as amended, is hereby
agreements to sell, or memoranda of sales , or further amended to read as follows:
deliveries, or transfer of shares or certificates of stock
in any asso ciation, compan y, or corporation, or "SEC. 178. Stamp Tax on Bank Ch ecks ,
transfer of such securities by assignment in blank, Drafts, Certificates of Deposit not Bearing Interest,
or by delivery, or by any paper or agreement, or and Other Instruments. - On each bank check,
memorandum or other evidences of transfer or sale draft, or certificate of deposit not drawing interest ,
whether entitling the holder in any manner to the or order for the payment of any sum of money drawn
benefit of such stock, or to secure the future upon or issued by any bank, trust company, or any
payment of money, or for the future transfer of any person or persons, companies or corporations, at sight
stock, there shall be collected a documentary stamp
tax:of One peso and fifty centavos (Pl.50) on each
I or on demand, there shall be collected a documentary
stamp tax of Three pesos (P3.00)."
Two hundred pesos (P200), or fractional part
thereof, of the par value of such stock: Provided, SEC. 55. Section 179 of the NIRC, as amended, is hereby
Th.at only one tax shall be collected on each sale or further amended to read as follows:
transfer of stock from one person to another,
regardless of whether or not a certificate of stock
is issued , indorsed, or
delivered in pursuance of such sale or transfer: and
'J "SEC. 179. Stamp Tax on All Debt
Instruments. - On every original issue of debt
instr uments, there shall be collected a documentary
Provided, further, That in the case of stock without
par value the amount of the documentary stamp tax
herein prescribed shall be equivalent to fifty
l stamp tax of One peso and fifty centavos (Pl.50) on
' each Two hundred pesos (P200), or fractional part
thereof, of the issue price of any such debt
percent (50%) of the documentary stamp tax paid instruments: Provided , That for such debt
upon the original issue of said stock." instruments with terms ofless than one (1) year, the
documentary stamp tax to be collected shall be of a
SEC. 53 . Section 177 of the NfRC , as amended , is hereby proportional amount in accordance with the ratio of
further amended to read as follows: its term in number of days to three hundred sixty-
five (365) days: Provided, further, That only one
"SEC. 177. Stamp Tax on Certificates of documentary stamp tax shall be imposed on either
Profits or Interest in Property or Accumulations. - loan agreement, or promissory notes issued to secure
On all certificates of profits, or any certificate or such loan.
memorandum showing interest in the property or
accumulations of any association , company or
"x x x."
corporation, and on all transfers of such certificates
or memoranda , there shall be collected a
documentary
76
77
SEC. 61. Section 188 of the NIRO, as amended, is hereby SEC. 64. Section 191 of the same Code, as amended , is
further amended to read as follows: hereby further amended to read as follows:
"SEC. 188. Stamp Tax on Certificates. - "SEC. 191. Stamp Tax on Bills of Lading or
On each certificate of damage or otherwise, and on Receipts. - On each set of bills of lading or receipts
every other certificate or document issued by any (except charter party) for any goods, merchandise or
customs officer, marine surveyor, or other person effects shipped from one port or place in the
acting as such, and on each certificate issued by a Philippines (except on ferries across rivers), or to any
notary public, and on each certificate of any foreign port, there shall be collected a documentary
description required by law or by rules or stamp tax of Two pesos (P2.00), if the value of such
I
regulations of a publicoffice, or which is issued for goods exceeds One hundred pesos (PlOO) and does not
the purpose of giving information, or establishing exceed One thousand pesos (Pl,000); Twenty pesos
proof of a fact, and not otherwise specified herein, (P20.00), if the value exceeds One thousand pesos
there shall be collected a documentary stamp tax of
(Pl ,000): Provided, howev er, That freight tickets
Thirty pesos (P30.00)." 1
covering goods, merchandise or effects carried as
accompanied baggage of passengers onland and
SEC. 62. Section 189 of the NIRO, as amended, is hereby water carriers primarily engaged in the
further amended to read as follows: transportation of passengers are hereby exempt."
1
"SEC. 189. Stamp Tax on Warehouse SEC. 65. Section 192 of the NIRO, as amended, is hereby
I
Receipts. - On each warehouse receipt for property further amended to read as follows:
held in storage in a public or private warehouse or
yard for any person other than the proprietor of
" S EC. 19 2. Stamp Tax on Proxies. - On each
such warehouse or yard, there shall be
proxy for voting at any election of officers of any
collected a i
I
one calendar month covering property the value of
which does not exceed Two hundred pesos (P200)."
I
Race, Tickets, Lotto or Other Authorized l'fumbers - On each power of attorney to perform any act
Games. - On each jai-alai, horse race ticket, lotto , wha tsoever, except acts connected with the
or other authorized numbers games, there shall be collection of claims due from or accruing to the
collected a documentary stamp tax of Twenty Government of the Republic of the Philippines, or the
centavos (P0.20): Provided, That if the cost of the government of any province, city or muni cipality,
ticket exceed One peso (Pl. 00), an additional tax of there shall be collected a documentary stamp tax of
Twenty centavos (P0.20) on every One peso (Pl.00), Ten pesos (Pl0 .00)."
or fractional part thereof, shall be collected."
80
81
I
SEC. 67. Section 194 of the NIRC, as amended, is hereby
SEC. 69. Section 196 of the NIRC, as amended, is hereby
further amended to read as follows:
further amended to read as follows:
"SEC. 194. Stamp Tax on Leases and Other
! "SEC. 196 . Stamp Tax on Deeds of Sale,
Hiring Agreements. - On each lease, agreement,
Conveyances and Donation of Real Property . -
memorandum, or contract for hire, use or rent of
On all conveyances , donations, deeds, instr uments ,
any lands or tenements, or portions thereof, there
or writings, other than grants, patents or original
shall be collected a documentary stamp tax of Six
lI
certificates of adjudication issued by the Government,
pesos (P6.00) for the first Two thousand pesos
whereby any land, tenement, or other realty sold shall
(P2,000), or fractional part thereof, and an additional
be granted, assigned, transferred, donated or
Two pesos (P2.00) for every One thousand pesos
otherwise conveyed to the purchaser, or purchasers,
(Pl,000) or fractional part thereof, in excess of the
or to any other person or persons designated by such
first Two thousand pesos (P2,000) for each year of
purchaser or pur chasers , or donee, there shall be
the term of said contract or agreement."
collected a documentary stamp tax, at the rates
ii' herein below prescribed, based on the consideration
SEC. 68. Section 195 of the NIRC, as amended, is hereby contracted to be paid for such realty or on its fair
further amended to read as follows: market value determined in accordance with
Section 6(E) of this Code , whichever is higher:
"SEC. 195. Stamp Tax on Mortgages, Pledges Provided, That when one of the contracting parties
and Deeds of Trust. - On every mortgage or pledge is the Government, the tax herein imposed shall be
II
oflands, estate, or property, realor personal, heritable based on the actual consideration:
or movable, whatsoever, where the same shall be
made as a security for the payment of any definite "(a) When the consideration, or value received
and certain sum of money lent at the time or or contracted to be paid for such realty, after making
previously due and owing or forborne to be paid, "' proper allowance of any encumbrance, does not exceed
being payable, and on any conveyance of land, One thousand pesos (Pl ,000), Fifteen pesos (Pl
estate, or property whatsoever, in trust or to be 5.00).
sold, or otherwise converted into money which
I
shall be and intended only as security, either by
"(b) For each additional One thousand pesos
express stipulation or otherwise, there shall be
(P1,000), or fractional part thereof in excess of
collected a documentary stamp tax at the following
One thousand pesos (Pl ,000) of such
rates:
consideration or value, Fifteen pesos (Pl 5.00).
"(a) When the amount secured does not
"Transfers exempt from donor's tax under
exceed Five thousand pesos (P5,000), Forty pesos
Section lOl(a) and (b) of this Code shall be exempt
(P40.00).
from the tax imposed under this Section.
· "(b) On each Five thousand pesos (P5,000), or
''When it appears that the amount of the
fractional part thereof inexcess of Five thousand
documentary stamp tax payable hereunder has been
pesos (P5,000), an additional tax of Twenty pesos
reduced by an incorrect statement of the consideration
(P20.00).
in any conveyance, deed, instrument or writing
subject to such tax the Commissioner , provincial or
"xxx."
83
82
I
of Finance wherein all transactions and results of
vessel or streamer, and on any renewal or transfer operations are shown and from which all taxes due
of such charter, contract, agreement, letter or the Government may readily and accurately be
memorandum, there shall be collected a ascertained and determined any time of the year:
documentary stamp tax at the following rates: Provided, That corporations, companies, partnerships
or persons whose gross annual sales, ear nin gs,
"(a) If the registered gross tonnage of the ship, receipts or output exceed Three million pesos
vessel or steamer does not exceed one thousand (P3,000,000), shall have their books of accounts
(1,000) tons, and the duration of the charter or
_.,,, audited and examined yearly by independent
contract does not exceed six (6) months, One Certified Public Accountants and their income tax
I
thousand pesos (Pl,000); and for each month or returns accompanied with a duly accomplished
fraction of a month in excess of six (6) months, an Account Information Form (AIF) which shall
additional tax of One hundred pesos (PlO0) shall be contain, among others , information lifted from
paid. certified balance sheets, profit and loss statements ,
schedules listing income-producing properties and
l
"(b) If the registered gross tonnage exceeds one the corresponding income therefrom and other
thousand (1,000) tons and does not exceed ten relevant statements.
thousand (10,000) t.ons, and the duration of the
charter or contract does not exceed six (6) months, ccxx x."
Two thousand pesos (P2,000); and for each month or
fraction of a month in excess of six (6) mpnths, an SEC. 72. Section 236 of the NIRC, as amended, is hereby
additional tax of Two hundred pesos (P200) shall be
further amended to read as follows:
paid.
"SEC. 236. Registration Requirements . -
"(c) If the registered gross tonnage exceeds ten
thousand (10,000) tons and the duration of the "(A) Requirements. - x x x
charter or contract does not exceed six (6) months,
"x x x
84 85
"The registration shall contain the taxpayer's "Provided, That any person taxed under
I
name, style, place of residence, business, and such Section 24(A)(2)(b) and 24(A)(2)(c)(2)(a) of the NIRC
other information as may be required by the who elected to pay the eight percent (8%) tax on
Commissioner in the form prescribed therefor: gross sales or receipts shall not be allowed to avail
Provided, That the Commissioner shall simplify the of this option.
business registration and tax compliance
requirements of self-employed individuals and/or
professionals. I ''For purposes of Title IV of this Code, any
person who has registered value-added tax as a tax
type in accordance with the provisions of
"xxx Subsection
j (C) hereof shall be referred to as a 'VAT-
i
registered person' who shall be assigned only one
"(G) Persons Required to Register for
Taxpayer Identification Number (TIN).
Value-Added Tax.-
"xxx."
"(1) XX X
"(a) His gross sales or receipts for the past SEC. 73. Section 237 of the NIRC, as amended , is hereby
twelve (12) months, other than those that are I further amended to read as follows:
exempt under Section 109(A) to (BB), have
exceeded Three million pesos (P3,000,000);or l "SEC. 237. Iss uance of Re ceipts or Sales or
Commercial Invoices. -
"(b) There are reasonable grounds to believe i
that his gross sales or receipts for the next twelve
(12) months, other than those that are exempt
under
t "(A) Issuance. - All persons subject to an
internal revenue tax shall, at the point of each sale
st' and transfer of merchandise or for services rendered
'
I'
cost and
description of business style, if an y, and address of the purchaser,
merchandise or
nature of
service:
Provided,
lwwever, That
where the
receipt is issued
to cover
payment made
as rent als ,
commissions,
compensation
or fees ,
receipts or
invoices shall
be issued which
shall show the
name ,
customer or
client:
Provided,
further, That
where the
purchaser is a
VAT-registered
person, in
addition to the
information
herein required,
the invoice or
receipt
shallfurther
show the
Taxpayer
Identification
Number (TIN)
of the purch
aser.
Chapter II, Title IX of the NIRC, as amended, is hereby inserted to
I
86 read as follows:
I
"Within five (5) years from the effectivity of "SEC. 237-A. Electronic Sales Reporting System. -
this Act and upon the establishment of a system Within five (5) years from the effectivity
capable of storing and processing the required
data, the
Bureau shall require taxpayers engaged in the export f
of goods and services, taxpayers engaged in ?
e-commerce, and taxpayers under the jurisdiction of J
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
I
I
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 r
invoices, in lieu of manual receipts, and sales and •
t
commercial invoices.
f;
"The original of each receipt or invoice shall be
issued to the purchaser, customer or client at the
time the transaction is effected, who, if engaged in
i
l
business or in the exercise of profession, shall keep
and preserve the same in his place of business for a l
t.
period of three (3) years from the close of the taxable r
year in which such invoice or receipt wasissued,
while the duplicate shall be kept and preserved by the
f
issuer, also in his place of business, for a like
'I
period: Provided, That in case of electronic
receipts or sales or commercial invoices, the digital
records of the same shall be kept by the purchaser,
customer or client and the issuer for the same
penod above stated.
f
"The Commissioner may, in meritorious cases,
exempt any person subject to internal revenue tax
t
from compliance with the provisions of this Section."
i
t
SEC.' 74. Anew section designated as Section237-A under l
8 hereof, be imposed simultaneously.
7
I
Subsection (A) hereof, which interest shall be six
assessed and collected from the date prescribed for its (6) years but not more than ten (10) years:
payment until the full payment thereof, or upon
issuance of a notice and demand by the f
Commissioner of Internal Revenue, whichever comes "(1) XX X;
earlier. f
!
"(2) XX x;
"(C) Delinquency Interest. - x x x
"(3) x x x; or
('xxx." '
I
'
than Ten mil4on pesos (Pl 0,000,000),and required to tran smit sales data to the Bureau 's
imprisonment ofnot less than six (6) years but not electronic sales reporting system but fails to do so,
more than ten (10) years: Provided, That the I _.,, shall pay, for each day of violation , a penalty
conviction or acquittal obtained under this Section amounting to one-tenth of one percent (1/10 of 1 %)
shall not be a bar to the filing of a civil suit for the of the annual net income as reflected in the
collection of taxes." taxpayer's audited financial statement for the second
year preceding the current taxable year for each
SEC. 77. Section 264 of the NIRC, as amended, is hereby day of violation or Ten thousand pesos (Pl 0,000),
further amended to read as follows: whichever is higher: Provid ed, That should the
aggregate number of days of violation exceed
"SEC. 264. Failure or Refusal to Issue one hundred eighty (180) days within a taxable year ,
f,
Receipts or Sales or Commercial Invoices, Vwlations f an additional penalty of permanent closure of the
Related to the Printing of such Receipts or Invoices t taxpayer shall be impose d: Provided , further, That
I
and Other Violations. - · if the failure to transmit is due to force ma jeur e or
any causes beyond the control of the t ax payer the
"(a) XX X
penalty shall not apply."
"SEC. 264-B. Purchase, Use, Possession, Sale "(1) For the first offense, a fine of Two million five hundred thousand pesos (P2,500,000);
or Offer to Sell, Installment, Transfer, Update, !
Upgrade, Keeping or Maintaining of Sales
Suppression Devices. - Any person who shall
purchase, use, possess, sell or offer to sell, install,
transfer, update, upgrade, keep, or maintain any
I "(2) For the second offense, a fine of Five
million pesos (P5,000,000); and
software or device designed for, or is capable
of: (a) suppressing the creation of electronic "(3) For the third offense, a fine of Ten million
records of sale transactions that a taxpayer is pesos (Pl 0,000,000)and revocation oflicense
required to keep under existing tax laws and/or toengage in any trade or business.
regulations; or
(b) modifying, hiding, or deleting electronic records "(b) Any person who causes the removal of the
of sales transactions and providing a ready means official fuel marking agent from marked fuel, and
of access to them, shall be punished by a fine of the adulteration or dilution of fuel intended for sale
not less than Five hundred thousand pesos to the domestic market, or the knowing possession,
(P500,000) but not more than Ten million pesos storage, transfer or offer for sale of fuel obtained as a
(Pl0 ,000,000),and suffer imprisonment of not less result of such removal, adulteration or dilution shall
than two (2) years but not more than four (4) years: be penalized in the same manner and extent as
Provided, That a cumulative suppression of provided for in the preceding Subsection.
electronic sales record in excess of the amount of
Fifty million pesos (P50,000,000) shall be considered
"(c) Any person who commits any of the acts
as economic sabotage and shall be punished in the
, . enumerated hereunder shall, upon conviction, be
maximum penalty provided for under this
provision." punished by a fine of not less than One million pesos
(Pl,000,000) but not more than Five million pesos
(P5,000,000),and suffer imprisonment of not less
SEC. 80. A new section designated as Section 265-A under than four (4) years but not more than eight (8)
Chapter II, Title X of the NIRC, as amended, is hereby years:
inserted to read as follows:
"(1) Makin g, importing, selling, using or
"SEC. 265-A. Offenses Relating to Fuel possessing fuel markers without express authority;
Marking. - All offenses relating to fuel marking
shall, in addition to the penalties imposed under
"(2) Making, importin g, se lli ng, using or
Title X of the NIRC, as amended, Section 1401 of
possessing counterfeit fuel markers;
Republic Act No. 10863, otherwise known as the
'Customs Modernization and Tari.ff Act (CMTA)', and
other relevant laws, be punishable as follows: "(3) Causing another person or entity to
commit any of the two (2) preceeding acts; or
"(a) Any person who is found to be engaged in
the sale, trade, delivery, distribution or transportation
92 93
I
Revenue, failure to report such knowledge or
overt or covert act, whatever quantity of any information to their superior officer, or failure to
unmarked fuel, counterfeit additive or chemical in report as otherwise requil:ed by law;
the person, house, effects, inventory, or in the
immediate vicinity of an innocent individual for the
I
"(i) x x x; and
purpose of implicating, incriminating or imputing the
commission of any violation of this Act shall, upon
"6) Deliberate failure to act on the application
I
conviction, be punished by a fine of not less than
Five million pesos (P5,000,000) but not more than for refunds within the prescribed period provided
Ten million pesos (Pl0,000,000), and suffer under Section 112 of this Act.
imprisonment of not less than four (4) years but not
more than eight (8) years. ,, "Provided, That the provisions of the foregoing
f paragraph notwithstanding, any internal revenue
"(e) Any person who is authorized, licensed or officer for which a prima facie case of grave
accredited under thisAct and its implementing misconduct hasbeen established shall, after due
rules to conduct fuel tests, who issues false or notice and hearing of the administrative case and
fraudulent fuel test results knowingly, willfully or subject to Civil Service Laws, be dismissed from the
through gross negligence, shall suffer the additional revenue service: Provided , further, That the term
penalty of imprisonment ranging from one (1) year 'grave miscondu ct', as defined in the Civil Service Law,
and one (1) day to two (2) years and six (6) shall include the issuance of fake letters of authority
and receipts, forgery of signature, usurpation of
I
months.
authority and habitual issuance of unreasonable
assessments."
"The additional penalties of revocation of the
license to practice his profession in case of a
practitioner, and the closure of the fuel testing SEC. 82. Section 288 of the NIRC, as amended, is hereby
facility, may also be imposed at the instance of the further amended to read as follows:
court."
"SEC. 288. Disposition of Incremental
Revenue. -
" (}, _) XX X
94 95
"(B) XX X
"(c) A social welfare and benefits program
where qualified beneficiaries shall be provided
"(C) XX X
with a social benefits card to avail of the following
social benefits:
"(D) XX X
"(a) Programs under Republic Act No. 10659, "(1) Fare discount from all public utility
otherwise known as 'Sugarcane Industry vehicles (except trucks for hire and school
Development Act of 2015', to advance the self- transport service) in the amount equivalent to ten
reliance of sugar farmers that will increase percent (10%) of the authorized fare;
pr9ductivity, provide livelihood opportunities,
develop alternative farming systems and ultimately "(2) Discounted purchase of National Food
enhance farmers' income; Authority (NFA) rice from accredited retail stores
'
t
in the amount equivalent to ten percent (10%) of the
"(b) Social mitigating measures and · net retail prices, up to a maximum of twenty (20)
investments in: (i) education, (ii) health, targeted ; kilos per month; and
nutrition, and anti-hun ger programs for mothers,
infants, and young children, (iii) social protection,
(iv) employment, and (v) housing that prioritize
and directly benefit both the poor and near-poor
households;
I "(3) Free skills training under a program
implemented by the Technical Skills and
Development Authority (TESDA).
97
"(iv) Other social benefits programs to be
developed and implemented by the government.
"At the end of five (5) years from the effectivity of this Act, all earmarking provisions under Subsection (F), shall cease to exist and allincremental revenues derived under thi
"Notwithstanding any provisions herein to the
contrary, the incremental revenues from the tobacco SEC. 83. Reportorial Requirements. - The interagency
taxes under this Act shall be subject to Section 3 of
Republic Act No. 7171, otherwise known as 'An Act
to Promote the Development of the Farmer in
the Virginia Tobacco Producing Provinces', and committee created and the concerned departments/agencies/
Section 8 of Republic Act No. 8240, otherwise beneficiaries under Section 82 of this Act shall submit to the
known as 'AnAct Amending Sections 138, 139, 140
and 142 of the National Internal Revenue Code, as : \ President of the Senate of the P hilippines, the Speaker of the
House of Represen tatives, the Senate Committee on Finance and
l
Amended, and for Other Purposes'. the House Committee on Appropriations a detailed report on the
expenditure of the amounts earmarked hereon copy furnished
"An interagency committee, chaired by the the Chairpersons of the Committee on Ways and Means of both
Department of Budget and Management (DBM) and Houses of Congress. The report shall likewise be posted on the
co-chaired by DOF and DSWD, and comprised of the official website of the agencies concerned.
National Economic and Development Authority
(NEDA), Department of Transportation (DOTr) , SEC. 84. ImplementingRules and Regulations. - Within
Department of Education (DepEd), Department of thirty (30) days from the effectivity of this Act, the Secretary of
Health (DOH), Department of Labor and Finance shall, upon the recommendationof the Commissioner of
Employment (DOLE), National Housing Authority Internal Revenue, promulgate the necessary rules and regulations
(NRA), Sugar Regulatory Administration (SRA), for its effective implementation.
Department of the Interior and Local Government
(DILG), Department ofEnergy (DOE), NFA, and
,;,. SEC. 85. Separability Clause. - If any provision of this
TESDA, is hereby created to oversee the
identification of qualified beneficiaries and the Act is subsequently declared invalid or unconstitutional, the other
implementation of these projects and programs: provisions hereof which are not affected thereby shall remain in
Provided , That qualified beneficiaries under full force and effect.
Subsection (c) hereof shall be identified using
the National ID System which may be enacted by SEC. 86. Repealing Clause. - The following laws or
Congress. · provisions of laws are hereby repealed and the persons and/or
transactions affected herein are made subject to the VAT
provision of Title IV of the NIRC, as amended:
''Within sixty (60) days from the end of the
three (3)-year period from the effectivity of this Act,
the interagency committee and respective (a) Section 3 of Presi dential Decree (P.D.)
implementing agencies for the above programs shall 1972, s. 1985, as amended, Sections 4 and 5 of
submit corresponding program assessments to the Executive Order No. (E.0.) 1057, s. 1985, and
COCCTRP. The National Expenditure Program from Section 4 ofE.O. 1064, s. 1985, insofar as the VAT
2019 onwards shall provide line items that tax exemption and tax credit is concerned;
correspond to the allocations mandated in the
provisions above.
99
98
(c) Sections 18 and 19, insofar as VAT (k) Section 12, second sentence, insofar asVAT
exemption is concerned, ofR.A. 6847 or The r exemption is concerned, of R.A. 7373 or An Act
Philippine Sports CommissionAct; Establishing the Eastern Visayas Science High
School;
(d) Section 8(d), last paragraph, insofar as
VAT exemption is concerned , ofR.A. 7278 or An (1) Section 1l (j), in sofar as VAT exemption
Act AmendingCommonwealthActNo.111, t,i is concerned, ofR.A. 7605 or the Charter of the
Philippine State College of Aeronautics;
asAmended by P.D. 460, entitled An Act to 8
Create a Public Corporation to be Known as the "
Boy Scouts of the P hilippines, and to Define its (m) Section 126, insofar as VAT exemption is
Powers and Purposes, by Strengthening the
.' concerned,' of R.A. 7653 or The New Central Bank
(: Act;
Volunteer and Democratic Character of the Boy
Scouts of the Philippines and for Other Purposes;
t
f; (n) Section 14, insofar as VAT exe mption is
concerned, of R.A. 7875 or the National Health
(e) Section 1, insofar as VAT exemption is t
t .,, Insurance Act of 199 5;
concerned, of RA. 7291 or An Act Restoring the Tax
and Duty Incentives Previously Enjoyed by the ;i
Veterans Federation of the Philippines under (o) Section 18, insofar as VAT exemption is
Republic Act Numbered Twenty-Six Hundred and t concerned, and Section 18, last paragraph of R.A. 7884
f
Forty; t or the National Dairy Developm ent Act of 1995;
i
(f) Section 21, insofar as VAT exemption is (p) Section 8, insofar as VAT exemption is
concerned, of RA. 7306 or the Charter of the People 's concerned, R.A. 8160 or An Act Granting the
Television Network, Inc.; University of the Phi li ppine s a Franchise to
Const ruct, Inst all , Operate and Maintain for
(g) Section 14, insofar as VAT exemption is Educational and Other Related Purposes, Radio
concerned, of R.A. 7354 or the Postal Service Act of and Television Broadcasting Stations Within the
1992; University of the Philippines and in Such Other
Areas Within the Scope of its Opera tion;
(h) Section 9(c), insofar as VAT exemption is
concerned, of R.A. 7355 or the Manlilikha ng Bayan
Act;
100
101
l
\
Charter, as amended by Section 8 of R.A. 9576,
otherwise known as An Act Increasing the Maximum
(x) Section 7(c), insofar as VAT exemption is Deposit Insurance Coverage, and in Connection
concerned, of R.A. 9055 or An Act Converting the Therewith , to Strengthen the Regulatory and
Aklan State College of Agriculture into the Ahl.an Administrative Authority, and Financial Capability
State University;
I
of the Philippine Deposit Insurance Corporation
(PDIC), Amending for this Purpose Republic Act
102 103
Numbered Three Thousand Five Hundred (nn) Section 35 (b)(c), with respect to VAT, of
Ninety-One, as Amended, Otherwise Known as the RA. 8550 or The Philippine Fisheries Code of 1998;
PDIC Charter, and for Other Purposes;
(oo) Section 13, second paragraph, with respect
(fl) Sections 2 and 19, insofar as VAT to VAT, of RA. 10817 or the Philippine Halal Export
exemption is concerned, of R.A. 9679 or An Act Development and Promotion Act of 2016;
Further Strengthening the Home Development
Mutual Fund, and for Other Purposes; (pp) Section 9(3), (4), and (8), with respect to
VAT, of RA. 8479 or the Downstream Oil Industry
(gg) Section 23, insofar as VAT exemption is Deregulation Act of 1998;
concerned of the National Historical Commission of
the Philippines, ofRA. 10086, or the Strengthening (qq) Section 6(c) and (d), with respect to VAT,
Peoples' Nationalism Through Philippine History of R.A. 7103 or the Iron and Steel Industry Act;
Act;
(rr) Section 10, with respect to VAT, of
(hh) Section 7(b) and (c), insofar as VAT
R.A. 7718 or An Act Amending R.A. No. 6957;
exemption is concerned, and (d), insofar as VAT
zero-rating is concerned, of RA 9647or the Philippine
Normal University Modernization Act of 2009; (ss) Section 26(B)(3), with respect to VAT, of
RA. 9275 or the Philippine Clean Water Act of 2004;
(ii) Section 17, insofar as VAT exemption is
(tt) Section 20(d)(3) of R.A. 7279 or the Urban
concerned, of R.A. 7898, as amended by
R.A. 10349, Establishing the Revised AFP Development and Housing Act of 1992;
Modernization Program and for Other Purposes;
,, (uu) Section 20(d)(3) of R.A. 10884 or An Act
Gj) Section 56, insofar as VAT exemption is Strengthening the Balanced Housing Development
concerned, of R.A. 10801.or the Overseas Workers Program, Amending for the Purpose R.A. 7279, as
Welfare Administration Act; Ame nded , Otherwise Known as the Urban
Development and Housing Act of 1992;
(kk) Section9 (e)(2) and G), with respect toVAT,
ofR.A. 7900 or the High -Value Crops Development (vv) Section 14, with respect to VAT, of
Act of 1995; R.A. 8423 or the Traditional and Alternative Medicine
Act(TAMA) of l 997;
(ll) Section 24(e) ofRA. 10068 or the Organic
Agriculture Act of2010; (ww) Section 22(b) of R.A. 10747 or the Rare
Diseases of the P hilippines;
· (mm) Section 14(b), with respect to VAT,
R.A. 7308 or the Seed Industry Development Act of (xx) Section 45(a), (b), and (c), with respect to
1992; VAT, of R.A. 9003 or the Ecological Solid Waste
Management Act of 2000;
104
105
(yy) Section 5(b), with respect to VAT, of
R.A. 10771or the Philippine Green Jobs Act of 2016; (c) Section 4 ofR.A. 1169 or An Act
Providing for Charity Sweepstakes, Horse Races
(zz) Section 6, with respect to VAT, ofR.A. and Lotteries:
7459 or the Investors and Inventions Incentives
Act of the Philippines; "SEC. 4. Holding of sweepstakes. - The Office
shall hold charity horse race sweepstakes under such
(aaa) Section 24, insofar as VAT exemption regulations as shall be promulgated by the Board
of foundations for scientific advancements is in accordance with Republic Act Numbered Three
concerned, of R.A. 2067, as amended, or the Science hundred and nine: Provided, however, That when
Act of 1958; and the holding of a sweepstakes race to determine prizes
is impossible due to war , public calamity, or other
(bbb) Section 9, with respect to VAT, of unforeseen or fortuitous event or when there is no
R.A. 9511 or the National Grid Corporation of the sufficient number of horses to determine the major
Philippines Act. prizes, the Board of Directors may determine the
procedure to be followed in the distribution of prizes
Provided, That the VAT obligations of government in the most just, equitable and expeditious manner.
owned and -controlled corporations, state universities The horse races and the sale of tickets in the said
and colleges, and other government instrumentalities sweepstakes shall be exempt from all taxes, except
whose VAT exemption has been repealed under that each ticket shall bear a twelve-centavointernal
this Act shall be char eable to the Tax Expenditure revenue stamp. The tickets shall be printed by the
Fund (TEF) provided for in the annual General Government and shall be considered government
Appropriations Act: Provided, further, That VAT securities for the purposes of penalizing forgery or
exemption, VAT zero-rating, and VAT credit granted alteration."
to state universities and colleges on their purchases
and importations are hereby repealed and the (d) Section 5 ofR.A. 8756 or An Act Providing
transactions affected herein are made subject to the for the Ter ms , Conditions and Licensing
VAT provisions of Title N of the NIRC, as amended. Requirements of Regional or Area Headquarters,
Regional Operating Headquarters , and Regional
,\
Provided, That, with r spect to income tax, Wareho uses of Multinational Companies, Amending
the following laws or provisions of laws are hereby for the Purpose Certain Provisions of Executive Order
repealed or amended: No. 226 or The Omnibus Investments Code of 1987:
Provided, That existing Regional or Area
Headquarters, Regional Operating Headquarters, and
(a) Section 33(A) ofR.A. 7277, as amended by
Regional Warehouses of Multinational Companies
R.A. 10754 or the Magna Carta for Per.sons with
enjoying the preferential income tax rate at the time
Disability;
of the effectivity of the TRAIN shall not be affected ;
(b) Section 22(B) of R.A. 10165 or the Foster (e) Section 2 of P.D. 1354, s. 1978 or
Care Act of2012; Imposing Final Income Tax on Subcontractors and
Alien Employees of Service Contractors and
Subcontractors Engaged in Petroleum Operations in
the Philippines under Presidential Decree No. 87:
Provided , That
106
Q
Official Gazette or in at least one (1) newspaper of general
circulation.
Approved,
RO DU ;
President of the Philippines
0
n ; b i1 r.
ROL INO•E NAO
ATTY. CONC
1-1i - J.C,6DIR ECT R Ill • ACTING HEAD