12 December 2023

MEMORANDUM NO. AAP 2023-39

To : All Concerned

Subject : Tax Rates of Expanded Withholding Tax and Percentage/VAT for Professionals and
Other Supplier of Service hired under Job Order and Contract of Service
______________________________________________________________________________

In view of the Revenue Memorandum Circular No. 51-2018 regarding Registration and
Compliance Requirements of Individuals under a Job Order or Service Contract Agreement with
the Departments and Agencies of the Government, Instrumentalities, Local Government Units,
State Colleges and Universities, including the Government-Owned and/or -Controlled
Corporations and Government Financial Institutions, please be guided by the following tax rates:

A. Contract of Service / Job order with gross receipts of P 250,000 and below:

B. Professionals /Contract of Service/ Job Orders with gross receipts ABOVE P 250,000 and
NOT EXCEEDING P 3,000,000.

Professional (Regular and COS/Job Order) Percentage Expanded

tax Withholding tax
* without Sworn Declaration 3% 10%

* with Sworn Declaration

(choose between graduated/ 8% IT rate)

A Graduated Income tax rate 3% 5%

B 8% Income tax rate None 5%

For reference on the list of Professionals, please see Annex A.

 Non Professional (COS and Job order) Percentage Expanded
tax Withholding tax
* with Sworn Declaration

(choose between graduated/ 8% IT rate)

A Graduated Income tax rate 3% 2%

B 8% Income tax rate None 2%

Please submit Sworn Declaration (with BIR form 2303 – Certificate of Registration or. BIR form
1901 or a copy of BIR form 0605 in lieu of the COR) not later than 15 January 2024. Refer to
Annex B-1 and Annex B-2 for the sample Sworn Declaration.

Kindly note that the same requirements are due every year.

Thank you.

ADELINE A. PACIA
Vice Chancellor for Administration
 ANNEX A
PROFESSIONALS (some are based on RR 11-2018)

1. Those individually engaged in the practice of profession or callings; lawyers; certified

public accountants; doctors of medicine; architects; civil, electrical, chemical,
mechanical, industrial, mining, sanitary, metallurgical and geodetic engineers; marine
surveyors; doctors of veterinary science; dentist; professional appraisers; connoisseurs of
tobacco; actuaries, interior decorators, designers, real estate service practitioners and all
other profession requiring government licensure examination regulated by the
Professional Regulations Commission, Supreme Court, etc.

2. Lecturers

3. REPS and URA (with professional license)

4. Regular Employees with LPP (Limited Practice of Profession)

5. Professional entertainers, such us, but limited to, actors and actresses, singers, lyricists,
composers and emcees.

6. Professional athletes including basketball, players, pelotaris and jockeys.

7. All directors and producers involves in movies, stage, radio, television and musical
productions

8. Insurance agents and insurance adjusters

9. Management and technical consultants

10. Bookkeeping agents and agencies

11. Other recipients of talent fees

12. Fees of directors who are not employees of the company paying such fees, whose duties
are confined to attendance at and participation in the meetings of the board of directors
 ANNEX “B-1”

INCOME PAYEE’S SWORN DECLARATION OF GROSS RECEIPTS/SALES

(For Self-Employed and/or Engaged in the Practice of Profession with Several Income Payors)

I, _________________________________________________, ___________________________, of legal age, single/ married to

(Name) (Citizenship)
_____________________________________________________ permanently residing at _________________________________
(Name of Spouse)
____________________________________________________________________________________________________________ with
(Address)
Taxpayer Identification Number (TIN) __________________________________, after having been duly sworn in accordance with law

hereby depose and state:

1. That I derived my _______________________ income from various income payors, and my registered business address is at
(business/professional)
________________________________________________________________________________________;
(Business Address)

2. That for the current year ________, my gross receipts will not exceed Three Million Pesos (₱3,000,000) and that I am a non-
VAT registered taxpayer. For this purpose, I opt to avail of either one of the income tax regime as follows:

 Graduated Income Tax Rates under Section 24(A)(2)(a) of the Tax Code, as amended, based on the taxable
income. With this selection, I acknowledge that I am subject to creditable withholding tax at the prescribed
rate; subject to percentage tax and will file the required percentage tax returns or subject to withholding
percentage tax, in case of government money payments.

 Eight Percent (8%) income tax rate under Section 24(A)(2)(b) of the Tax Code, as amended, based on gross
receipts/sales and other non-operating income - with this selection, I understand that this is in lieu of the
graduated income tax rates and the Percentage Tax under Section 116 of the Tax Code, as amended; thus,
only the creditable income withholding tax based on the prescribed rate shall be made;

3. That based on my selection above, if my gross sales/receipts and other non-operating income exceeds ₱3,000,000, my income
payor /withholding agents shall automatically withhold the higher rate of withholding of ten percent (10%) in the case of
income items with two (2) prescribed creditable withholding tax rate depending on the total amount of income payment
received:

a. In case of Graduated Income Tax Rates, I acknowledge that aside from income tax, I am subject to business
tax (VAT) unless expressly exempted; and consequently subject to withholding of income. Moreover, if the
payor is a government entity, business tax withholding applies; OR

b. In case of Eight Percent (8%) income tax rate, I acknowledge that I am no longer qualified to avail of this
option since my income exceeds ₱3,000,000 and thus, the graduated income tax rates above shall
automatically apply together with the consequent liability for business tax/es;

4. That I duly execute this SWORN DECLARATION in compliance with the requirement prescribed under Section ____ of
Revenue Regulations No. ________;

5. That I declare, under the penalties of perjury, that this declaration has been made in good faith, and to the best of my knowledge
and belief to be true and correct.

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of ____________, 20___ at ___________, Philippines

_____________________________________________
Signature over Printed Name of Individual Taxpayer

SUBSCRIBED AND SWORN to before me this _____ day of ____________, 20___ in _______________________________.
Applicant exhibited to me his/her ___________________________issued at _______________________ on _________________________.
(Government Issued ID and No.)

NOTARY PUBLIC
Doc. No.: __________
Page No.: __________
Book No.: __________
Series of ___________

Affix ₱30.00
Documentary
Stamp Tax

(To be filled-out by the withholding agent/lone payor)

Date Received: __________________ Received by:

(MM-DD-YYYY-00001)
_____________________________________________________________
Signature over Printed Name of the Withholding Agent/Payor or Authorized Officer

_____________________________________________________________
Designation/Position of Authorized Officer

_____________________________________________________________
Name of Withholding Agent/Lone Payor
 ANNEX “B-2”

INCOME PAYEE’S SWORN DECLARATION OF GROSS RECEIPTS/SALES

(For Self-Employed and/or Engaged in the Practice of Profession with Lone Income Payor)

I, _________________________________________________, ___________________________, of legal age, single/ married to

(Name) (Citizenship)
_____________________________________________________ permanently residing at _________________________________
(Name of Spouse)
____________________________________________________________________________________________________________ with
(Address)
Taxpayer Identification Number (TIN) __________________________________, after having been duly sworn in accordance with law

hereby depose and state:

1. That I derived my ______________________ income only from ________________________________________________

(business/professional) (Name of Lone Payor)
with Taxpayer Identification Number ___________________ and business address at _____________________________

____________________________________________________________________________________________________;

2. That for the current year ________, my gross receipts will not exceed Two Hundred Fifty Thousand Pesos (₱250,000.00) and
that I am registered as a non-VAT taxpayer; that whatever is the amount of income received, I will comply with the requirement
to file my Income Tax Return on the prescribed due date. For this purpose, I opt to avail of either one of the following:

 Graduated Income Tax Rates under Section 24(A)(2)(a) of the Tax Code, as amended, based on the taxable
income. With this selection, I acknowledge that I am subject to 0% income tax, thus, not subject to creditable
withholding tax; subject to percentage tax, if applicable, and will file the required percentage tax returns or
subject to withholding percentage tax, in case of government money payments.

 Eight Percent (8%) income tax rate under Section 24(A)(2)(b) of the Tax Code, as amended, based on gross
receipts/sales and other non-operating income - with this selection, I understand that this is in lieu of the
graduated income tax rates and the Percentage Tax under Section 116 of the Tax Code, as amended; thus,
no withholding tax shall be made;

3. That based on my selection above, if my gross sales/receipts and other non-operating income exceeds ₱250,000.00 but not over
₱3,000,000.00, my afore-stated lone income payor shall automatically withhold the prescribed rate of withholding tax:

a. In case of Graduated Income Tax Rates, I acknowledge that aside from income tax, I am subject to business
tax (Percentage Tax, if applicable) and creditable withholding of income in excess of P250,000.00, and
business tax withholding, if any, are applicable on the entire income payment; OR

b. In case of Eight Percent (8%) income tax rate, I acknowledge that I am only subject to income tax and thus,
to the creditable withholding income tax in excess of P250,000.00;

4. That I duly execute this SWORN DECLARATION in compliance with the requirement prescribed under Section ____ of
Revenue Regulations No. ________;

5. That I declare, under the penalties of perjury, that this declaration has been made in good faith, and to the best of my knowledge
and belief to be true and correct.

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of ____________, 20___ at ___________, Philippines

_____________________________________________
Signature over Printed Name of Individual Taxpayer

SUBSCRIBED AND SWORN to before me this _____ day of ____________, 20___ in _______________________________.
Applicant exhibited to me his/her ___________________________issued at _______________________ on _________________________.
(Government Issued ID and No.)

NOTARY PUBLIC
Doc. No.: __________
Page No.: __________
Book No.: __________
Series of ___________

Affix ₱30.00
Documentary
Stamp Tax

(To be filled-out by the withholding agent/lone payor)

Date Received: __________________ Received by:

(MM-DD-YYYY-00001)
_____________________________________________________________
Signature over Printed Name of the Withholding Agent/Payor or Authorized Officer

_____________________________________________________________
Designation/Position of Authorized Officer

_____________________________________________________________
Name of Withholding Agent/Lone Payor