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CTT REVIEWER LOCAL TAXES

PART I - REAL PROPERTY TAX necessary expenditures to extract and utilize such
Real property tax is an ad valorem tax collected by a mineral.
city, municipality or province on real property such as 6. SPECIAL - lands, buildings and other improve-
land, buildings, machinery and other improvements ments thereon, actually, directly and exclusively
affixed or attached to real property. used for (a) hospitals, (b) cultural, or (c) scientific
purposes, and (d) those owned and used by local
Exemptions from real property tax
water districts, and (e) GOCCs rendering essential
1. Real property owned by the Republic of the
public services in the supply and distribution of
Philippines or any of its political subdivision except
water and/or generation and transmission of
when the beneficial use thereof has been granted
electric power.
to taxable person;
2. Charitable institutions, churches, and parsonages Assessment level and assessed value
or convents appurtenant thereto, mosques, non- 1. ASSESSMENT LEVEL- the percentage applied to
profit cemeteries, and all lands, buildings and the FMV to determine the assessed value of the
improvements, actually, directly, and exclusively property.
used for religious, charitable, or educational 2. ASSESSED VALUE (taxable value)-the FMV of the
purposes. real property multiplied by the assessment level.

3. Non-profit or religious cemeteries or burial Limitations on assessment level(maximum rates)


grounds; A. On Lands and Machineries
4. Machineries and equipment that are actually, Classification Assessment Levels
directly and exclusively used by local water district Land Machineries
and GOCCs engaged in the supply of water and/or Residential 20% 50%
generation of electric power; Timberland 20% -
5. All real property owned by duly registered Agricultural 40% 40%
cooperatives as provided for under R.A. No. 9520 Commercial, industrial 50% 80%
(Cooperative Code of the Philippines), and Mineral 50% -
Special classes: cultural, 15% 15%
6. Machineries and equipment used for pollution
hospital, scientific
control and environmental protection.
Local water districts 10% 10%
Fundamental principles Government owned or controlled
The appraisal, assessment, levy and collection of real corporations engaged in the 10% 10%
property tax shall be guided by the following: supply and/or generation/
transmission of electric power
1. Real property shall be appraised at its current and
fair market value;
B. On Improvements
2. Real property shall be classified for assessment Fair market value Commercial/
purposes on the basis of its actual use; Over Not over Residential Industrial Agricultural Timberland
3. Real property shall be assessed on the basis of a (+000) (+000)
uniform classification within each local P175 0% 0% 0% 0%
government unit; P175 300 10% 30% 25% 45%
4. The appraisal, assessment, levy and collection of 300 500 20% 35% 30% 50%
real property tax shall not be let to any private 500 750 25% 40% 35% 55%
person; and 750 1M 30% 50% 40% 60%
5. The appraisal and assessment of real property 1M 2M 35% 60% 45% 70%
shall be equitable. 2M 5M 40% 70% 50% 70%
5M 10 M 50% 75% 50% 70%
Fair market value
10 M 60% 80% 50% 70%
The price at which a property may be sold by a seller
who is not compelled to sell and bought by a buyer Tax rates on the basic tax
who is not compelled to buy. - Not exceeding 1% of
In provinces
For assessment purposes, it is also known as the the assessed value
“assessor’s value.” In cities, and munici- - Not exceeding 2% of
pality of Pateros the assessed value
Actual use and not ownership
Real property shall be classified, valued and assessed Assessment when classification conflicts with
on the basis of its actual use regardless of where its use
located, whoever owns it, and whoever uses When land is located in a commercial area but the
building is residential, the classification of the land
Classes of land for assessment purposes
conflicts with its use, the following rules shall be
1. RESIDENTIAL - principally devoted to habitation
observed:

2. AGRICULTURAL-devoted principally to the planting Classification of LAND to


of trees, raising of crops, livestock and poultry determine
dairying, salt making, inland fishing and similar L – land Fair Market Assessment
aquacultural activities, and other agricultural B – building Value Level
activities, commercial or industrial. R – residential
C – commercial
3. COMMERCIAL- devoted principally for the object of
profit and is not classified as agriculture, 1. L in R area, B is C Residential Commercial
industrial, mineral, timber, or residential land.
2. L in C area, B is R Commercial Residential
4. INDUSTRIAL - devoted principally to industrial
activity as capital investment and is not classified 3. L in mixed R/C
Commercial Commercial
as agricultural, commercial, timber, mineral or area, B is C
residential land.
4. L mixed R/C area,
5. MINERAL - mineral metallic or non-metallic, exist Residential Residential
B is R
in sufficient quantity or grade to justify the
5. L in mixed R/C
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area, B is vacant Residential Residential 2. The treasurer may deputize the barangay
treasurer to collect all taxes on real property
6. L in mixed R/C
Predominant Predominant located in the barangay, provided, the barangay
area, and B is used
Use Use treasurer is properly bonded.
for mixed R/C
purpose
OTHER LOCAL TAXES, FEES AND CHARGES
Additional levy (in addition to basic RPT) Fundamental principles
Special Education Fund Tax (SEF) – 1% of AV The following fundamental principles shall govern the
Transfer tax on transfer of real property exercise of the taxing and other revenue-raising
ownership powers of local government units:
Tax on the sale, donation, barter, or on any other 1. Taxation shall be uniform in each local
mode of transferring ownership or title of real government unit;
property at the rate of not more than
2. Taxes, fees, charges and other impositions shall:
- 1/2% in province/municipality and a. be equitable and based as far as practicable on
- 3/4% in cities the taxpayer’s ability to pay;
Based on whichever is higher between b. be levied and collected only for public
purposes;
- the total consideration involved in the acquisition
c. not be unjust, excessive, oppressive, or
of the property and
confiscatory;
- the FMV in case the monetary consideration
d. not be contrary to law, public policy, national
involved in the transfer is not substantial.
economic policy, or in restraint of trade;
Notes:
3. The collection of local taxes, fees, charges and
1. Not taxable - sale, transfer or other disposition of other impositions shall in no case be let to any
real property pursuant to RA 6657 (CARL). private person;
2. Register of Deeds shall, before registering a 4. The revenue collected shall inure solely to the
deed, require the presentation of the evidence of benefit of, and be subject to disposition by, the
payment of this tax. local government unit levying the tax, fee, charge
3. The assessor shall make the same requirement or other imposition unless otherwise specifically
before cancelling an old tax declaration and provided; and
issuing a new one in place thereof. 5. Each local government unit shall, as far as
4. Seller, donor, transferor, executor or practicable, evolve a progressive system of
administrator shall be liable to pay this tax within taxation.
60 days from the date of the execution of the
Common limitations on the taxing power of
deed or from the date of the decedent’s death.
local government units
Collection of real property tax
1. Date of accrual of tax – The real property tax for LGUS cannot collect the following taxes:
any year shall accrue on the 1st day of January 1. Income tax, except when levied on banks and
2. Payment of real property taxes in installment –the other financial institutions;
owner of the real property or the person having 2. Documentary stamp tax;
legal interest therein may pay the basic real 3. Estate tax;
property tax and the additional tax for the Special
Education Fund (SEF) thereon without interest in 4. Customs duties, registration fees of vessel and
four (4) equal installments as follows: wharfage on wharves, tonnage dues, and all other
kinds of customs fees, charges and dues except
1st installment – on or before March 31 wharfage on wharves constructed and maintained
2nd installment – on or before June 30 by the local government unit concerned;
3rd installment – on or before September 30
5. Taxes, fees or charges and other impositions upon
4th installment – on or before December 31
goods carried into or out of, passing through, the
3. Application of payment of real property taxes – territorial jurisdiction of local government units in
The payments shall first be applied to prior years’ the guise of charges for wharfage, tools for
delinquencies, interests, and penalties, if any, and bridges or otherwise, or other taxes, fees or
only after said delinquencies are settled may tax charges in any form whatsoever upon such goods
payments be credited for the current period. or merchandise;
4. Tax discount for advanced prompt payment – If 6. Taxes, fees or charges on agricultural and aquatic
the basic real property tax and the SEF are paid in products when sold by marginal farmers or
advance, a discount of not exceeding 20% of the fishermen;
annual tax due may be granted to the taxpayer.
7. Taxes on business enterprises certified to by the
5. Interests on unpaid real property tax –2% per Board of Investments (BOI) as pioneer or non-
month on the unpaid amount or a fraction thereof, pioneer for a period of six (6) and four (4) years,
until the delinquent tax (basic and special levies) respectively, from the date of registration;
shall have been fully paid, but not to exceed 36
8. Excise taxes on articles enumerated under the
months.
National Internal Revenue Code, as amended, and
Condonation or reduction of real property tax
taxes, fees or charges on petroleum products;
and interest
Condonation or reduction of real property tax and 9. Percentage or VAT on sales, barters or exchanges
interest may be done either thru an ordinance, or by or similar transactions on goods or services except
the President of the Philippines. as otherwise provided herein;
a. Condonation/reduction thru an ordinance. 10. Taxes on the gross receipts of transportation
b. Condonation/reduction by the President. contractors and persons engaged in the
transportation of passengers or freight by for hire
Person or office tasked to collect the tax
and common carriers by air, land or water, except
1. Collection and enforcement of the remedies -
as provided in this Code;
responsibility of the city or municipal treasurer
concerned.
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11. Taxes on premiums paid by way of reinsurance or from the beds of seas, lakes, rivers, streams,
retrocession; creeks, and other public waters within its
12. Taxes, fees and charges for the registration of territorial jurisdiction.
motor vehicles and for the issuance of all kinds of 5. Professional tax
licenses or permits for the driving thereof, except Subject: Each person engaged in the exercise or
tricycles; practice of his profession requiring government
13. Taxes, fees, or other charges on Philippine examination.
products actually exported, except as otherwise Place of payment: Province or city where he
provided herein; practices his profession or where he maintains his
14. Taxes, fees, or charges on Countryside and principal office in case he practices his profession
Barangay Business Enterprises and cooperatives in several places.
duly registered under R.A. No. 6810 and Republic Such person who has paid the corresponding
Act 9520 otherwise known as the “Cooperatives professional tax shall be entitled to practice his
Code of the Philippines” respectively; and profession in any part of the Philippines without
being subjected to any other national or local tax,
15. Taxes, fees or charges of any kind on the
license, or fee for the practice of such profession.
National Government, its agencies and
instrumentalities, and local government units. Time of payment: Annually, on or before January
31.
Taxes imposable by the province
The following taxes may be imposed by the province: A line of profession does not become exempt even
if conducted with some other profession for which
1. Transfer tax on transfer of real property the tax has been paid.
ownership
Subject: Sale, donation, barter, or on any other Exemption: Professionals exclusively employed in
mode of transferring ownership or title of real the government.
property. Exemption: Sale, transfer or other 6. Amusement tax
disposition of real property pursuant to R.A. Subject: Proprietors, lessees, or operators of
6657(Comprehensive Agrarian Reform Law). theaters, cinemas, concert halls, circuses, boxing
Time of payment: Seller, donor, transferor, stadia, and other places of amusement.
executor or administrator shall pay this tax within Exempt: Holding of operas, concerts, dramas,
60 days from the date of the execution of the recitals, painting and art exhibitions, flower
deed or from the date of the decedent’s death. shows, musical programs, literary and oratorical
2. Tax on business of printing and publications presentations, except pop, rock, or similar
Subject: Persons engaged in the printing and/or concerts.
publication of books, cards, posters, leaflets, 7. Annual fixed tax for every delivery truck or
handbills, certificates, receipts, pamphlet, and van of manufacturers or producers,
other of similar nature. Exemption: Receipts from wholesalers of, dealers, or retailers in,
the printing and/or publishing of books or other certain products.
reading materials prescribed by the DepEd as Subject: Every truck, van or any vehicle used by
school references shall be exempt from this tax. manufacturers, producers, wholesalers, dealers or
3. Franchise tax retailers in the delivery or distribution of distilled
Subject: Businesses enjoying a franchise. spirits, fermented liquors, soft drinks, cigars and
cigarettes, and other products as may be
4. Tax on sand, gravel and other quarry determined by the Sangguniang Panlalawigan, to
resources sales outlets, or consumers, whether directly or
Subject: Ordinary stones, sand, gravel, earth and indirectly, within the province.
other quarry resources, as defined under the
NlRC, as amended, extracted from public lands or The manufacturers, producers, wholesalers,
dealers, and retailers referred to in the
immediately foregoing paragraph shall be exempt
from the tax on peddlers.

Tax base and tax rates:

Taxes imposable
Tax Base Tax Rate
by province

Selling price or fair market value,


1. Transfer tax Not more than ½%
whichever is higher

2. Tax on business of printing and Annual gross receipts for the Not more than ½%; on newly started
publication preceding calendar year business, not exceeding 1/20 of 1% of
capital investment

Annual gross receipts for the


3. Franchise tax Same with #2 above
preceding calendar year within its
territorial jurisdiction

4. Sand and gravel tax FMV per cubic meter Not more than 10%

5. Professional tax - Not exceeding P300

6. Amusement tax on admission Gross receipts from admission


Not more than 10%
fees
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7. Fixed tax on delivery vehicles of
producers, manufacturers, Not exceeding P500 per delivery vehicle
wholesalers, dealers or retailers
in certain products -

Illustration b. different tax rates – gross sales or receipts of


each business shall be separately reported for the
The Sangguniang Panlalawigan upon motion of Board
purpose of computing the tax due from each
Member M enacted a provincial ordinance imposing
business.
sand and gravel tax on stones, sand, gravel, earth
and other quarry resources. Situs of the tax
In the branch or sales outlet making the sale or
A municipality within the province enacted similar tax
transaction, and the tax thereon shall accrue and
ordinance. Which local government unit should collect
shall be paid to the municipality where such branch
the tax?
or sales outlet is located. In cases where there is no
Tax on sand, gravel and other quarry resources may such branch or sales outlet in the city municipality
be imposed by a province or city, but not by a where the sale or transaction is made, the sale shall
municipality or barangay. be duly recorded in the principal office and the taxes
due shall accrue and shall be paid to such city or
The permit to extract sand, gravel and other quarry municipality.
resources shall be issued exclusively by the
provincial governor, pursuant to the ordinance of the Illustration
Sangguniang Panlalawigan.
The Municipality of Sta. Purificacion enacted an
Taxes by municipalities ordinance imposing transfer tax on any transfer of
Municipalities may levy taxes, fees and charges not ownership of real property which is located within the
otherwise levied by provinces. territorial jurisdiction of said municipality.

The municipality may impose taxes on the following Is the ordinance valid?
business:
The ordinance is not valid. Municipalities are not
1. On manufacturers, assemblers, repackers, authorized to levy taxes on transfers of real
processors, brewers, distillers, rectifiers, and properties. Such tax is allowed only on cities and
compounders or liquors, distilled spirits, and wines provinces.
or manufacturers of any article of commerce of
Taxes imposable by cities
whatever kind or nature;
The city may levy the taxes, fees, and charges which
2. On wholesalers, distributors, or dealers in any the province or municipality may impose.
article of commerce of whatever kind or nature; Provided, however, That the taxes, fees and charges
3. Exporters and/or manufacturers, millers, levied and collected by highly urbanized and
producers, wholesalers, distributors, dealers or independent component cities shall accrue to them
retailers of essential commodities such as: and distributed in accordance with the provisions of
this Code.
a. Rice and corn;
b. Wheat or cassava flour, meat, dairy products, The rates of taxes that the city may levy may exceed
locally manufactured, processed or preserved the maximum rates allowed for the province or
food, sugar, salt and other agricultural, marine, municipality by not more 50% except the rates of
and fresh water products, whether in their professional and amusement taxes.
original state or not; A city may impose a maximum transfer tax of ¾ of
c. Cooking oil and cooking gas; 1% (0.75%) of the selling price or fair market value
d. Laundry soap, detergents, and medicine; of the property sold.
e. Agricultural implements, equipment and post-
harvest facilities, fertilizers, pesticides, The barangays may levy taxes, fees and charges
insecticides, herbicides, and other farm inputs; which shall exclusively accrue to them:
f. Poultry feeds and other animal feeds 1. Taxes – On stores or retailers with fixed business
g. School supplies; and establishments with gross sales or receipts of the
h. Cement preceding calendar year of P50,000 or less, in the
case of cities and P30,000 or less, in the case of
4. Retailers
municipalities, at a rate of not exceeding 1% on
5. Contractors such gross sales or receipts.
6. Banks and other financial institutions 2. Service Fees or Charges – Barangays may
7. Peddlers in the sale of any merchandise or article collect reasonable fees or charges for services
or commerce rendered in connection with the regulation or the
8. Fees for sealing and licensing of weights and use of barangay-owned properties or service
measures. facilities such as palay, copra, or tobacco dryers.
9. Fishery rentals, fees and charges. 3. Barangay Clearance – No city or municipality
may issue any license or permit for any business
Payment of Business Taxes: The above taxes shall or activity unless a clearance is first obtained from
be payable for every separate or distinct the barangay where such business or activity is
establishment or place where the business subject located or conducted. For such clearance, the
to the tax is conducted and one line of business Sangguniang Barangay may impose a reasonable
does not become exempt by being conducted with fee. The application for clearance shall be acted
some other business for which such tax has been upon within seven (7) working days from the filing
paid. thereof.
If a person conducts or operates two or more In the event that the clearance is not issued within
businesses which are subject to - the said period, the city or municipality may issue
the said license or permit.
a. the same tax rate – tax shall be computed on the
combined total gross sales or gross receipts;
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4. Other Fees and Charges – The barangay may
levy reasonable fees and charges:
a. On commercial breeding of fighting cocks,
cockfights and cockpits;
b. On places of recreation which charge admission
fees; and
c. On billboards, signboards, neon signs, and
outdoor advertisements.

Common revenue raising powers of the local


government units
Provinces, cities, municipalities and barangays are
authorized to impose and collect the following fees
and charges:
1. Service fees and charges for any service rendered;
2. Public utility charges for the operation of public
utilities owned, operated and maintained by them
within their jurisdiction;
3. Tool fees or charges for the use of any public
road, pier or wharf, waterway, bridge, ferry or
telecommunication system funded and constructed
by the local government unit concerned.
The amounts, rates and terms and conditions shall
be fixed by the Sanggunian concerned.
The following are exempt from the payment of toll
fees and charges:
a. Officers and enlisted men of the Armed Forces
of the Philippines and Philippine National Police
on mission;
b. Post office personnel delivering mail;
c. Physically handicapped and disabled citizens
who are 65 years or older.
When public safety and welfare so requires, the
Sanggunian concerned may discontinue the
collection of the tolls, and thereafter the said
facility shall be free and open for public use.
Community tax
Cities or municipalities may levy a community tax.

END OF LOCAL TAXES

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