Professional Documents
Culture Documents
TAX
A. Definition of DST
Documentary Stamp Tax (DST) is a tax on documents, instruments, loan agreements, and papers
evidencing the acceptance, assignment, sale or transfer of an obligation, right or property incident
thereto.
B. Nature of DST
DST is in nature of an excise tax levied on the exercise by person of certain privileges conferred by
law for the creation, revision, or termination of specific legal relationship through the execution of
specific instruments
R.A. 8792, otherwise Under R.A. 8792, otherwise known as the Electronic Commerce Act,
known as the electronic documents are the functional equivalent of a written document
Electronic under existing laws, and the issuance thereof is therefore tantamount to
Commerce Act the issuance of a written document, and therefore subject to DST.
They must be paid upon the issuance of the instruments, without regard
to whether the contracts which gave rise to them are rescissible, void,
voidable, or unenforceable.
On transaction itself In general, it may be imposed on the transaction itself or upon the
document underlying such act.
May be shared by Any of the parties thereto shall be liable for the full amount of the tax
parties liable to tax due. As between themselves, the parties may agree on who shall be
liable or how they may share on the cost of the tax.
Paid by one who is Whenever one of the parties to the taxable transaction is exempt from the
not exempt DST, the other party who is not exempt shall be the one directly liable for
the tax.
F. Payment of DST
In general THE PROVISIONS OF PRESIDENTIAL DECREE NO. 1045
NOTWITHSTANDING, ANY PERSON LIABLE TO PAY
DOCUMENTARY STAMP TAX UPON ANY DOCUMENT SUBJECT
TO TAX UNDER TITLE VII OF THE TAX CODE SHALL FILE A TAX
RETURN AND PAY THE TAX IN ACCORDANCE WITH THE RULES
AND REGULATIONS TO BE PRESCRIBED BY THE SECRETARY OF
FINANCE, UPON RECOMMENDATION OF THE COMMISSIONER.
H. DST on certain documents limited to shares of stock, sales, debt instruments and deeds of sale (tax base
and tax rate)
DST Under TRAIN
Section 175. Stamp One peso and fifty centavos (P1.50) on each Two hundred pesos (P200), or
Tax on Sales, fractional part thereof, of the par value of such stock.
Agreements to Sell,
Memoranda of Sales, Only one tax shall be collected on each sale or transfer of stock from one
Deliveries or Transfer person to another, regardless of whether or not a certificate of stock is issued,
of Shares or indorsed, or delivered in pursuance of such sale or transfer.
Certificates of Stock
Inthe case of stockwithout par value - equivalent to fifty percent (50%) of
On all sales, or agreements the documentary stamp tax paid upon the original issue of said stock.”
to sell, or memoranda of
sale, or deliveries, or
transfer of shares or
certificates of stock in any
association, company, or
corporation, or transfer of
such securities by
assignment in blank, or
by delivery, or by any
paper or agreement, or
memorandum or other
evidences of transfer or
sale whether entitling the
holder in any manner to
the benefit of such stock,
or to secure the future
payment of money, or for
the future transfer of any
stock
SEC. 179. STAMP ONE PESO AND FIFTY CENTAVOS (P1.50) ON EACH TWO HUNDRED
TAX ON ALL DEBT PESOS (P200), OR FRACTIONAL PART THEREOF, OF THE ISSUE
INSTRUMENTS PRICE OF ANY SUCH DEBT INSTRUMENTS.
On every original issue FOR SUCH DEBT INSTRUMENTS WITH TERMS OF LESS THAN ONE
of debt instruments (1) YEAR - PROPORTIONAL AMOUNT IN ACCORDANCE WITH THE
RATIO OF ITS TERM IN NUMBER OF DAYS TO THREE HUNDRED
SIXTY-FIVE (365)DAYS.
ONLY
ONEDOCUMENTARYSTAMPTAXSHALLBEIMPOSEDONEITHER
LOANAGREEMENT,ORPROMISSORYNOTES ISSUEDTOSECURE
SUCH LOAN.
I. Definition of terms
a. Shares of stock Shares of stock shall include shares of stock of corporation; warrants
and/or options to purchase shares of stock, as well as units of participation
in a partnership (except general professional partnership), joint stock
companies, joint accounts, joint ventures taxable as corporations,
associations and recreation or amusement clubs (such as golf, polo or
similar clubs); and mutual fund certificates.
c. Stock dividend A stock dividend is any dividend payable in shares of stock the
corporation declaring or authorizing such dividend.
d. Bonds The term “bonds” refers to written obligations or undertaking that are
sufficiently secured by either cash or personal or real property or surety.
e. Bank check A bank check is a bill of exchange drawn on a bank payable on demand.
f. Bank draft A bank draft is a bill of exchange drawn by a bank upon its correspondent
bank, issued at the solicitation of a stranger who purchases and pays therefor.
i. Issue price Issue price shall refer to the face value of the debt instrument.
j. Deposit substitute Deposit substitute means an alternative form of obtaining funds from public,
other than deposits, through the issuance, endorsement, or acceptance of
debt instruments for the borrower’s own account, for the purpose of
relending or purchasing of receivables and other obligations, or financing
their own needs or the needs of their agent or dealer.
l. Bank deposits Bank deposits are in the nature of irregular deposits; they are really loans
because they bear interest, and the relationship between a depositor and a
bank is one of creditor and debtor, and one fiduciary in nature, in which the
bank is under obligation to treat the accounts of its depositors with
meticulous care and utmost fidelity.
n. Demand deposits Demand deposits are deposits, subject to withdrawal either by check or thru
the automated tellering machines which are otherwise known as current or
checking accounts. The Bank may or may not pay interest on these accounts.
o. Savings deposits Savings deposits are interest-bearing deposits which are withdrawable either
upon presentation of a property accomplished withdrawal slip together with
the corresponding passbook or thru the automated tellering machines.
p. Negotiable Order Negotiable Order of Withdrawal Accounts are interest-bearing savings deposit
of Withdrawal which are withdrawable by means of Negotiable Orders of Withdrawal.
Accounts
q. Time Deposits Time Deposits are interest-bearing deposits with specific maturity dates and
evidenced by certificates issued by the bank.
r. Tiered deposits Tiered deposits are usually long-term bond notes that are being floated to the
public to raise capital and the interest rates are usually fixed according to
their capital brackets. These are considered as debt instruments subject to DST
under Section 179 upon placement of the deposit by the subscriber or upon
renewal of the placement.
t. Letter of credit A “letter of credit” is one of the modes of payment, by which commercial
banks sell foreign exchange to service payments for, e.g., commodity
imports, the primary purpose of which is to substitute for, and therefore
support, the agreement of the buyer/ importer to pay money under a contract
or other arrangement.
v. Bill of lading A “bill of lading” is a written acknowledgement or the receipt of the goods
and an agreement to transport and deliver them at a specified place to a
person named or on his order. Such instruction may be called a shipping
receipt, forwarder’s receipt and receipt for transportation. The designation,
however, is immaterial. It has been held that freight tickets for bus companies
as well as receipts for cargo transported by all forms of transportation,
whether by sea, air or land, fall within the definition. In other words, a bill of
lading has a two (2)-fold character: it is a receipt as to the quantity and
description of the goods shipped and a contract to transport the goods to the
consignee or other person therein designated, on the terms specified in such
instrument.
w. Chattel mortgage “Chattel mortgage” is a contract which purports to be and in form a sale of
personal property, intended as security for the payment of a debt, or the
performance of some other obligation specified therein, upon the condition
subsequent that such sale shall be void upon payment of the debt or
performance of the specified obligation according to the terms of the contract.
y. Deed of trust A deed of trust in the nature of a mortgagee is a conveyance in trust by way of
security, subject to a condition of defeasance, or redeemable at any time
before the sale of the property.
z. Deed conveying land A deed conveying land to a trustee as mere collateral security for the payment
of a debt, with the condition that it shall become void on the payment of the
debt when due, and with power to the trustee to sell the land and pay the debt
in case of default on the part of the debtor, is a deed of trust in the nature of a
mortgage.
aa. Charter party It is a charter party where there is an entire surrender by the owner of the
vessel to the charterer, who hires the vessel as one hires a house, takes her
empty, and provides the officers and provisions, and, in short, the entire
outfit. In such a contract, the charterer is substituted in place of the owner and
becomes the owner for the voyage. It is also known as a bareboat charter or
otherwise referred to as demise of the vessel.
J. DST on certain documents limited to shares of stock, sales, debt instruments and deeds of sale (tax base
and tax rate)
1. Section 174. Stamp Tax on Original Issue of Shares of Stock.
Documents Tax base Tax
b. In the case of the original Based upon the actual Twopesos (P2.00)
issue of shares of stock consideration for the issuance of
without par value such shares of stock
c. In the case of stock dividends Actual value represented by each Twopesos (P2.00)
share
2. Section 175. Stamp Tax on Sales, Agreements to Sell, Memoranda of Sales, Deliveries or
Transfer of Shares or Certificates of Stock
Documents Tax base Tax
a. On all sales, or agreements to sell, On each Two hundred pesos One peso and fifty
or memoranda of sale, or (P200), or fractional part thereof, centavos (P1.50)
deliveries, or transfer of of the par value of such stock.
1) shares or certificates of stock in
any association, company, or
corporation, or 2) transfer of such
securities by assignment in blank,
or
3) by delivery, or by any paper or
agreement, or memorandum or
4) other evidences of transfer
or sale whether entitling
the holder in any
manner to the benefit of such
stock, or to secure the future
payment of money, or for the
future transfer of any stock
b. Inthe case of stock without par value Equivalent to fifty percent (50%)
of the documentary stamp tax paid
upon the original issue of said
stock.”
3. SEC. 178. Stamp Tax on Bank Checks, Drafts, Certificates of Deposit not Bearing Interest,
and Other Instruments.
Documents Tax base Tax
a. ON EVERY ORIGINAL ISSUE OF ON EACH TWO HUNDRED One peso and fifty
DEBT PESOS (P200), OR centavos (P1.50)
INSTRUMENTS FRACTIONAL PART
THEREOF, OF THE ISSUE
PRICE OF ANY SUCH DEBT
INSTRUMENTS.
5. SEC.196. Stamp Tax on Deeds of Sale, Conveyances and Donation of Real Property.
Documents Tax base Tax
- = END = -
THOT: We cannot discover new oceans unless we have the courage to lose sight of the shore. - Teen Esteem jb