Professional Documents
Culture Documents
Local Government Taxation in The Philippines
Local Government Taxation in The Philippines
in the Philippines
• Local Government Taxation in the
Philippines is based on Republic
Act 7160, otherwise known as
Local Government Code of 1991
which was signed into law on 10
October 1991 and took effect on 1
January 1992.
1
Power to Create Sources of
Revenue
(Sec. 129)
• Each local government unit (LGU) has the
power to create its own sources of revenue
and to levy taxes, fees, and charges
2
e. Taxes, fees and charges and other
impositions upon goods carried into or
out of, or passing through, the
territorial jurisdictions of local
government units in the guise of
charges for wharfage, tools for
bridges or otherwise, or other taxes,
fees and charges in any form
whatsoever upon such goods or
merchandise;
f. Taxes, fees and charges on
agricultural and aquatic products
when sold by marginal farmers or
fisherman.
3
j. Taxes on the gross receipts of
transportation of passengers of freight by
hire and common carriers by air, land or
water, except as provided in this code.
k. Taxes on premiums paid by way of
reinsurance or retrocession
l. Taxes , fees and charges for the
registration of motor vehicles and for the
issuance of all kinds of licenses or
permits for the driving thereof, except
tricycles;
m. Taxes, fees and other charges on
Philippine products actually exported,
except as otherwise provided herein;
4
1.) GENERAL FUND – USED TO ACCOUNT FOR
SUCH MONIES AND RESOURCES AS MAY BE
RECEIVED BY AND DISBURSED FROM THE LOCAL
TREASURY.
2.) SPECIAL EDUCATION FUND – SHALL CONSIST
OF THE RESPECTIVE SHARES OF PROVINCES,
CITIES , MUNICIPALITIES, AND BARANGAYS IN
THE PROCEEDS OF THE ADDITIONAL TAX ON
REAL PROPERTY.
3.) TRUST FUND – SHALL CONSIST OF PRIVATE
AND PUBLIC MONIES WHICH HAVE OFFICIALLY
COME INTO THE POSSESSION OF THE LGU OR OF
A LOCAL GOVERNMENT OFFICAIL AS TRUSTEE,
AGENT OR ADMINISTRATORR, WHICH HAVE BEEN
RECEIVED AS A GUARANTY FOR FULFILLMENT OF
SOME OBLIAGATION.
5
SOURCES OF INCOME FOR
LOCAL GOVERNMENT UNITS
I. LOCAL SOURCES
a) Real Property Taxes
b) Business Taxes
c) Non-tax Revenues
II. EXTERNAL SOURCES
a) Internal Revenue Allotment
b) National Aids
c) National Wealth
III. BORROWINGS
6
REAL PROPERTY TAX
The province or city or municipality within the
Metropolitan Manila area shall fix a uniform
rate of basic real property tax.
Formula in Computing
Real Property Tax
FMV x AL = AV
AV x Rate = RPT
Assessment level LGC Q.C.
15%
Where : Residential - 20%
Commercial - 50% 40%
FMV = Fair Market 40%
Industrial - 50%
Value
Machinery - 80%
AL = Assessment Level Commercial - 70%
7
REAL PROPERTY TAX
Special Levy on Real Property for Special Educational Fund
A. province or city or a municipality within the Metropolitan
Manila area may levy and collect an annual tax of 1% on the
assessed value of real property in addition to the basic real
property tax.
Additional ad Valorem Tax on Idle Lands
B. Manila area may levy an annual tax on idle lands at the rate
not exceeding 5% of the assessed value of the property in
addition to the basic real property tax.
Real Property for Assessment Purpose
Classes Types
1) Residential 1. Land
2) Agricultural 2. Building
3) Commercial 3. Machineries
4) Industrial
5) Mineral
6) Timberland
• Receipts
Fees – imposed on the exercise of
regulatory powers
Charges – cost recovery impositions
for services delivered or use of
facilities
8
BUSINESS TAXES
TAXING POWERS OF LOCAL GOVERNMENT UNITS
PROVINCES - They may collect taxes, fees and charges
on:
1) Tax on Transfer of Real Property Ownership - at rate
not more than 50% of 1% of total consideration
2) Franchise Tax - at rate not exceeding 50% of 1 % of
the gross receipts for the preceding calendar year
3) Tax on Sand, Gravel and Other Resources - at rate
not more than 10% of fair market value
4) Tax on Business of Printing and Publication -at rate
not exceeding 50% of 1%
5) Professional Tax - at rate not more than
P 300.00 annually
6) Amusement Tax - at rate not more than 30% of gross
receipts from admission fees
7) Annual fixed Tax for every Delivery Truck, or Van of
Manufacturers or Producers, Wholesalers of, Dealers,
or Retailers in, Certain Products - at rate not
exceeding P 500.00 annually.
9
TAXING POWERS OF LOCAL
GOVERNMENT UNITS
MUNICIPALITIES - They may collect taxes, fees and
charges not otherwise levied by provinces.
1.) Manufacturer - at rate not exceeding 37 1/2 %
of 1% of gross sales or receipts for the
preceding calendar year.
2.) Wholesalers - at rate not exceeding 50% of 1 %
of gross sales or receipts for the preceding
calendar year.
3.) On Exporters, Manufacturers, Wholesalers or
Retailers of essential commodities - at rate not
exceeding 1/2 of the rate prescribed under
letters A, B, and D.
4.) Retailers -at rate with gross sales or receipts
for the preceding calendar year or
P 400,000 or less 2% per annum
More than P 400,000 1% per annum
10
TAXING POWERS OF LOCAL
GOVERNMENT UNITS
CITIES - They may levy taxes, fees and charges which the
province or municipalities may impose and may exceed the
maximum rates allowed for provinces or municipalities by not
more than 50% except the rates for professional and
amusement taxes.
BARANGAY - They may levy taxes, fees and charges which shall
exclusively accrue to them.
1) Taxes - on stores or retailers with gross sales or
receipts of the preceding calendar year of P 50,000 or less
in the case of cities and P 30,000 or less in the case of
municipalities.
2) Service Fees and Charges - they may collect reasonable
fees or charges for services rendered.
3) Barangay Clearance - no city or municipality may issue
any license or permit unless a clearance is first obtained
from the barangay at reasonable rate.
4) Other Fees and Charges - reasonable fees and charges.
•BARANGAY INCOME
SOURCES
I. Internal Revenue Allotment
(IRA)
II. Real Property Tax (RPT)
III. Barangay Taxing Power
IV. Community Tax
11
SHARES OF LOCAL GOVERNMENT UNITS IN
THE PROCEEDS OF NATIONAL TAXES
A. INTERNAL REVENUE ALLOTMENT - Local government
units shall have a share in the national internal revenue
taxes based on the collection of the third fiscal year
preceding the current fiscal year at 40% allocated in the
following manner.
1) Provinces 23%
2) Cities 23%
3) Municipalities 34%
4) Barangays 20%
The share of each province, city and municipality shall
be determined on the bases of the following formula.
a) Population 50%
b) Land Area 25%
c) Equal Sharing 25%
12
B. SHARES OF LGU IN THE PROCEEDS
OF NATIONAL WEALTH - Local
government units shall have an
equitable share in the proceeds
derived from the utilization and
development areas at 40% of the
gross collection derived by the
national government from the
preceding year from mining taxes,
royalties, forestry and fishery charges
in addition to the internal revenue
allotment.
13
Tax on Transfer of Real
Property
• Tax subject: sale, donation, barter or any
mode of transfer of ownership or title of real
property
• Tax rate: not to exceed
14
Tax on Business of Printing
and/or Publication
• Tax subject: printing and/or publication of
books, cards, posters, leaflets, handbills,
certificates, receipts, pamphlets, and
printed materials of similar nature
• Tax rate: not to exceed
Tax Base Provinces Cities
Gross receipts 50% of 1% 75% of 1%
Capital investment
For start-ups 1/20 of 1% 3/40 of 1%
15
Franchise Tax
• Franchise
Right or privilege, affected with public interest
conferred upon private person or corporation,
under government- imposed terms and conditions
in interest of public welfare, security and safety
• Tax rate: not to exceed
Tax Base Provinces Cities
Gross receipts 50% of 1% 75% of 1%
Capital investment
For start- ups 1/20 of 1% 3/40 of 1%
Franchise Tax
•exemption: holders of
certificates of public
convenience for
operation of public utility
vehicle
16
BLGF Opinion dated 06
February 2003
• The province should impose
the tax on business enjoying a
franchise within its territorial
jurisdiction, excluding the
territorial limits of any city
located therein.
FRANCHISE TAX
17
Tax on sand, gravel and other
quarry resources
• Tax subject: extraction of ordinary
stones, sand, gravel, earth. Etc. from
public lands or beds of public waters
within LGU
• Tax rate: not to exceed
• Provinces
province 30%
component city/municipality 30%
barangay 40%
• Cities
highly urbanized city 60%
barangay 40%
18
Tax on Professionals
• Tax subject: persons engaged in the practice of
profession requiring government exams
• Tax rate:
Provinces- maximum of Php 300/ profession
Cities- maximum of Php 300/ profession
• Payment: on or before January 31 in the
province/city where practice is done, or principal
office is located
19
Amusement Tax
• Tax subject: patrons of shows and
entertainment activities; collected
and remitted by proprietors, lessees
and operators
• Tax rate:
Provinces-not to exceed 30% of
paid admission fees.
Cities- not to exceed 30% of paid
admission fees
• “no admission fee, no tax”
Amusement Tax
• proceeds shared: 50-50 between
province and municipality
20
Annual fixed tax on delivery
trucks and vans
• Tax subject: trucks, vans or any motor
vehicle used by manufacturers, producers,
wholesalers, dealers or retailers within LGU
territory
• Tax rate: maximum of
Province - Php 500/vehicle
City - Php 750/vehicle
• collected with other business taxes
. proceeds not shared
• potential source of avoiding payment of
other business taxes, when vehicle used as
sales outlet
Computation of
Business-related Taxes
• Exclusions to gross
sales/receipts
21
Computation of Business-
related Taxes
• Three-step process
22
BLGF Opinion dated 26
September 2002
• The tax on contractors is NOT
imposed on the project
itself but on the business of
constructing the project,
irrespective of whether those are
exempt from the real
property taxes.
23
Sec. 193. Withdrawal of Tax
Exemption Privileges
• Unless otherwise provided in this Code, tax
exemptions or incentives granted to, or presently
enjoyed by all persons, whether natural or judicial,
including government- owned or controlled
corporations are hereby withdrawn upon the
effectivity of this Code except:
• 1. Local water districts
2. Cooperatives registered under R.A. No. 6938
3. Non- stock non - profit hospitals and educational
institutions
4. Business enterprises certified by BOI as pioneer
or non- pioneer
5. Business entity, association or cooperatives
registered under R.A. No. 6810
6. Printer and/or publisher of books and other
reading materials prescribed by DECS
24
Administrative Procedures
Requirements for Existing
Business
•Mayor’s Permit must be
renewed within January 1-20
of every year
25
Sec. 191. Authority of Local
Government Units to adjust
Rates of Taxes.
• Local government shall have the
authority to adjust the tax rates
as prescribed herein not oftener
than once every five (5) years, but
in no case shall such adjustment
exceed ten (10) percent of the
rates fixed under this code.
26
ART. 242 - RELATED OR
COMBINED BUSINESS
(a) The conduct or operation of
two or more related
businesses provided in Article
232 of this Rule by any one
person, natural or juridical,
shall require the issuance of a
separate permit or license to
each business
27
(c) If, however, the businesses
operated by one person are
governed by separate tax
schedules or the rates of the
taxes are different, the
taxable gross sales or receipts
of each business shall be
reported independently and
the tax thereon shall be
computed on the basis of the
appropriate schedule.
28
Assessment
• Assessment is the inherent function
of the local treasurer.
• Securing/applying business permit is
under the Office of the City Mayor.
• EDP for Billing functions.
• Acceptance of payment is again a
function of the Treasurer’s Office.
Community Tax
• Should be paid in the place of
residence of the individual or
in the place where the
principal office of the
juridical entity is located.
• Branches are not required to
secure community tax.
29
Manufacturers
• Manufacturers sales office
which distributes its product
should also be classified as
manufacturers and taxable as
such and not as
distributor/wholesaler/retailer.
Retailer
• Car dealers should not be
classified as wholesalers/dealers
simply because they are
commonly known as car dealers.
30
Real Estate Dealers
• Real Estate
dealers/developers/lessors are subject
to the 70-30 allocation of sales.
31
Retirement of Business
• Should be retired on or before the
20th day of January.
Security Agency
• Security agency are subject
to business tax as
contractor and subject to
situs of tax at 70% - 30%
32
Educational Institutions
• Canteens and bookstore
operated by the school are
exempted from the payment of
business tax.
• Concessionaires operating
canteen and bookstores are
subject to business taxes.
Contractors
• Contractors doing business in an
LGU are subject to business tax at
70%.
• Main or Principal office are subject
to 30%.
• Sub-contractors are not subject to
contractors tax. Only main
contractors are liable to pay the tax.
Tantamount to double taxation if
collected from sub-contractors.
• Income derived from abroad are not
taxable.
33
Examination of
Books of Accounts
• Function of the Provincial, City,
Municipal or Barangay Treasurer or
their duly authorized representatives.
Liquefied Petroleum
Products
34
RE-EXPORTATION
Re-exportation of finished
product should not be
classified as exporter or
local/domestic sale but
should be classified as
rendering service ”contractor”
35
Upon the effectivity of the
EPIRA Law (2002)
36
VICTOR B. ENDRIGA, Ph.D.
Quezon City Treasurer
QUEZON CITY
• Former Capital of the Philippines
• Largest City in Metro Manila in terms
of population and land area with 2.17
Million residents occupying over
16,000 hectares of land area
• Was known as the most financially
distressed Local Government Unit in
Metro Manila and probably nationwide
in 2001
37
THE FINANCIAL RECOVERY OF QUEZON
CITY
• Cash Balance in the General Fund of Quezon
City was negative P10.35 million when Mayor
Belmonte assumed office on July 1, 2001
1. Auction Sale of
real property
instead of Tax
Amnesty every
quarter.
38
PERIOD OF DELINQUENCY TO BE
INCLUDED IN THE AUCTION SALE
2.) Reassignment of
permanent employees to
avoid familiarization with
Taxpayer.
3.) Prepared at least 20
delinquency letters per day
per employee assigned in the
Real Estate Division.
4.) Computerization of
systems and processes.
39
5.) Issued new Official Receipts
with security features to
identify and curb the
proliferation of fake receipts.
6.) Constructed the taxpayers
assessment and payment
lounges (free Coffee & Ice
Tea).
7.) Recognized the 10
outstanding Taxpayers for
Business and Real Property.
40
12.) Filed anti-graft cases with the office of
the Ombudsman against employees issuing
fake RPT Receipts, that resulted to the
dismissal of 6 employees.
41
17.) Verified the total value of
machinery as appearing in the Tax
Declaration issued by the
Assessor’s Office and counter
checked this ,with that appearing
in the financial statements.
18.) Instruct the Building Official to
forward to the City Assessor the
building / occupancy permit,
stating the total value of the
construction cost, for issuance of
a new tax declaration.
42
Parcels with No Tax
Declaration Record
43
Undeclared Buildings Map
44
Misclassification of
Land Use
45
1.) Required taxpayers with gross
receipts of over P500,000.00 to
submit BIR stamped 2005
financial statements and
records of monthly payments
of VAT and NON-VAT for the
year 2006; for comparison
against declared gross
receipts for 2006 before
renewing their Mayor’s Permit
for 2007.
46
3.) Alignment of Business
Taxes with Metro Manila
Rates
47
10.) Required
contractors to pay
business tax prior to
the release of the
building, excavation
and occupancy
permits.
48
12.) Instructed the City
Accountant to deduct
from the voucher the
amount owing to the
payment of Business
Tax for contractors and
suppliers doing
business with the City.
49
15.) Used (ink) color
coding in signing the
tax bills and stamp
pad with my picture
on it, and other
official documents
during renewal period.
50
17.) Grounded a number of
revenue examiners with
low collection outputs
every month.
51
20.) Maintained a
photo gallery of all
permanent and casual
employees with
corresponding
assignments, for
easier identification.
21.) Required
advertising agency
to pay contractors
tax prior to the
release of the
billboard permit.
52
22.) Update local business
tax ordinances by 10%
once every 5 years.
23.) Adjust existing fees
and charges.
24.) Require payment of
community tax on all
transaction with LGU’s.
53
FMV along EDSA
• Caloocan P55,000
• Quezon City P 5,500
• Mandaluyong P12,000
• Makati P48,000
• Pasay P25,000
54
Report of Collection for CY 2005
as of January to December 31, 2006
2005 2006 Increase %
(decrease)
Real Estate 1,017,808,956 1,337,428,919 319,619,963 31.40
Business Taxes 2,633,377,989 2,899,388,991 266,011,001 10.01
Other Regulatory/Misc Fees 265,051,332 352,074,538 87,023,205 32.83
Transfer Tax 237,212,000 235,725,565 (1,486,434) (0.63)
Amusement Tax 143,141,648 131,262,836 (11,878,812) (8.30)
Community Tax 59,941,629 66,833,390 6,891,761 11.50
Other Income 218,481,333 526,562,216 308,080,882 141.01
GENERAL FUND
as of December 31, 2006
BUDGET 6,250,000,000
ACTUAL 7,097,446,201
SURPLUS 847,446,201
55
Top 10 in terms of highest total income generated
for CY 2004 as compared to 2001
(NCR) CLASS RANK 2004 RANK 2001
CITY
TRUST
FUNDS GEN. FUND S.E.F. FUND TOTALS
Funds
Available
Today 83,216,459 107,266,365 154,191,123 345,001,948
56
FINANCIAL PERFORMANCE OF LOCAL GOVERNMENT UNITS
COA REPORT / National Capital Region – CY 2002
Cities/Municipalities Internal Sources External Sources Grand Total
1. Quezon City 3,946,465.3 1,339,568.0 5,286,033.3
2. Makati 3,816,458.7 403,992.6 4,220,451.3
3. Manila City 3,116,507.8 1,047,027.1 4,163,534.9
4. Pasig City 1,677,114.8 388,438.6 2,065,553.3
5. Caloocan City 640,142.2 740,218.3 1,380,360.5
6. Mandaluyong City 778,135.5 280,363.8 1,058,499.3
7.) Paranaque City 708,046.2 345,447.7 1,053,493.8
8. Pasay City 639,536.0 306,163.3 945,699.3
9. La Pinas City 467,153.0 373,755.2 840,908.2
10. Muntinlupa City 533.984.0 304,334.4 838,318.3
11. Valenzuela City 434,465.2 375,762.2 810,227.3
12. Marikina City 382,179.0 318,950.7 701,129.7
13. Taguig 337,956.7 226,678.0 564,634.7
14. Malabon City 139,776.2 289,257.2 429,033.4
15. San Juan 314,598.4 66,611.7 381,210.9
16. Navotas 91,122.0 116,296.9 207,418.9
17. Pateros 23,734.1 37877.1 61,611.2
57
STATEMENT OF INCOME AND EXPENDITURES
CY
- 2005
INCOME EXPENDITURES EXCESS/DEFICIT
1.Quezon City 7,376,391,780.00 4,769,022,210.00 2,580,389,570.00
2.Manila City 7,119,823,858.00 5,902,084,336.00 1,217,739,522.00
3.Makati City 6,320,342,864.75 4,416,865,605.91 1,903,477,258.84
4.Pasig City 2,969,849,218.46 2,897,677,927.86 72,171,290.60
5.Parañaque City 1,997,001,967.15 1,892,401,933.02 104,599,764.13
6.Kalookan City 1,681,228,300.25 1,456,825,963.54 224,402,336.71
7.Mandaluyong City 1,601,355,056.00 1,422,370,155.00 178,984,901.00
8.Muntinlupa City 1,364,082,104.90 1,329,592,287.06 34,489,817.84
9.Valenzuela City 1,173,179,685.75 942,242,676.82 230,937,008.93
10.Marikina City 1,123,019,340.00 778,312,420.00 344,706,920.00
11.Las Piñas City 1,098,864,570.00 1,011,286,870.00 87,577,700.00
12.Taguig 831,014,000.00 812,357,000.00 18,657,000.00
13.Malabon City 570,243,044.42 463,194,670.88 107,048,373.54
14.San Juan 519,580,000.00 459,200,000.00 60,380,000.00
15.Navotas 276,671,818.05 253,653,320.10 23,018,497.95
16.Pateros 83,297,713.42 79,738,124.59 3,559,588.83
TOTAL 37,352,537,051.15 29,852,591,500.78 7,499,945,550.37
58
1999-2005 Estimate VS. Actual Comparative
6,000,000,000
6,122,034,764.55
5,820,000,000.00
5,707,509,556
5,600,000,000.00
5,286,033,298
5,000,000,000
5,304,608,683
5,175,000,000.00
5,200,000,000.00
4,700,000,000.00
4,000,000,000
4,072,000,000.00
3,870,000,000.00
3,788,687,846
3,641,861,948
3,286,396,701
3,000,000,000
2,000,000,000
1,000,000,000
-
Estimate
1999 2000 2001 2002 2003 2004 2005
Actual
59
Cash Report
as of Feb. 27, 2007
TRUST
FUNDS GEN. FUND S.E.F. FUND TOTALS
Funds
Available
Today 432,716,682 174,710,097 446,251,976 1,053,678,955
Time
Deposits 5,086,775,946 230,654,885 184,794,997 5,502,225,829
Cash on
Hand & in
Bank 5,539,826,738 405,364,982 631,046,973 6,576,238,694
60
OTHER TREASURY
FUNCTIONS:
1.GASOLINE CALIBRATION
2.INSPECTION OF WEIGHTS
AND MEASURES
3.BILLBOARDS
GASOLINE CALIBRATION
Increase penalty of defective gasoline
pumps:
1. 1st Offense - from P200 to P4,000
2. 2nd Offense - from P500 to P5,000
3. 3rd Offense - cancellation/revocation
of mayor’ permit to operate a business
* Calibration of gas pump from annually to
quarterly.
Note: The court may impose 3 months to 1
year imprisonment or both fine and
imprisonment at the discretion of court
61
CALIBRATING BUCKET
62
TEST WEIGHTS
63
Ordinance 1508, S-2005
64
ACCREDITED BANKS
REPRESENTED BY
1. LANDBANK OF THE PHILIPPINES
– MS. GILDA E. PICO – Pres.& CEO
2. DEVELOPMENT BANK OF THE PHILS.
- MR. REYNALDO DAVID – Pres. & CEO
3. PHILIPPINE NATIONAL BANK
- MR. OMAR BRYON T. MIER – Pres.& CEO
4. PHILIPPINE VETERANS BANK
- MR. RICARDO A. BALBIDO, JR. –Pres.& CEO
5. UNION BANK OF THE PHILS.
- MR. EDWIN R. BAUTISTA – Exec. Vice-Pres.
6. PHILIPPINE POSTAL SAVINGS BANK
- MR. ROLANDO L. MACASAET – Pres. & CEO
65
66
VICTOR B. ENDRIGA, Ph.D.
67
68