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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
5. The appraisal and assessment of real property 750 1M 30% 50% 40% 60%
shall be equitable. 1M 2M 35% 60% 45% 70%
2M 5M 40% 70% 50% 70%
Fair market value
5M 10 M 50% 75% 50% 70%
The price at which a property may be sold by a seller
10 M 60% 80% 50% 70%
who is not compelled to sell and bought by a buyer
who is not compelled to buy. Tax rates on the basic tax
For assessment purposes, it is also known as the - Not exceeding 1% of
In provinces
“assessor’s value.” the assessed value
In cities, and munici- - Not exceeding 2% of
Actual use and not ownership pality of Pateros the assessed value
Real property shall be classified, valued and assessed
on the basis of its actual use regardless of where Assessment when classification conflicts with
located, whoever owns it, and whoever uses its use
When land is located in a commercial area but the
Classes of land for assessment purposes
building is residential, the classification of the land
1. RESIDENTIAL - principally devoted to habitation
conflicts with its use, the following rules shall be
observed:
2. AGRICULTURAL-devoted principally to the planting
of trees, raising of crops, livestock and poultry Classification of LAND to
dairying, salt making, inland fishing and similar determine
aquacultural activities, and other agricultural L – land Fair Market Assessment
activities, commercial or industrial. B – building Value Level
R – residential
3. COMMERCIAL- devoted principally for the object of
C – commercial
profit and is not classified as agriculture,
industrial, mineral, timber, or residential land. 1. L in R area, B is C Residential Commercial
4. INDUSTRIAL - devoted principally to industrial
2. L in C area, B is R Commercial Residential
activity as capital investment and is not classified
as agricultural, commercial, timber, mineral or 3. L in mixed R/C
Commercial Commercial
residential land. area, B is C
5. MINERAL - mineral metallic or non-metallic, exist 4. L mixed R/C area,
in sufficient quantity or grade to justify the Residential Residential
B is R
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1. Collection and enforcement of the remedies -
5. L in mixed R/C
Residential Residential responsibility of the city or municipal treasurer
area, B is vacant
concerned.
6. L in mixed R/C 2. The treasurer may deputize the barangay
Predominant Predominant
area, and B is used treasurer to collect all taxes on real property
Use Use
for mixed R/C located in the barangay, provided, the barangay
purpose treasurer is properly bonded.

Additional levy (in addition to basic RPT) OTHER LOCAL TAXES, FEES AND CHARGES
Special Education Fund Tax (SEF) – 1% of AV
Fundamental principles
Transfer tax on transfer of real property The following fundamental principles shall govern the
ownership exercise of the taxing and other revenue-raising
Tax on the sale, donation, barter, or on any other powers of local government units:
mode of transferring ownership or title of real
property at the rate of not more than 1. Taxation shall be uniform in each local
government unit;
- 1/2% in province/municipality and
- 3/4% in cities 2. Taxes, fees, charges and other impositions shall:
a. be equitable and based as far as practicable on
Based on whichever is higher between the taxpayer’s ability to pay;
- the total consideration involved in the acquisition b. be levied and collected only for public
of the property and purposes;
- the FMV in case the monetary consideration c. not be unjust, excessive, oppressive, or
involved in the transfer is not substantial. confiscatory;
Notes: d. not be contrary to law, public policy, national
economic policy, or in restraint of trade;
1. Not taxable - sale, transfer or other disposition of
real property pursuant to RA 6657 (CARL). 3. The collection of local taxes, fees, charges and
other impositions shall in no case be let to any
2. Register of Deeds shall, before registering a private person;
deed, require the presentation of the evidence of
payment of this tax. 4. The revenue collected shall inure solely to the
benefit of, and be subject to disposition by, the
3. The assessor shall make the same requirement local government unit levying the tax, fee, charge
before cancelling an old tax declaration and or other imposition unless otherwise specifically
issuing a new one in place thereof. provided; and
4. Seller, donor, transferor, executor or 5. Each local government unit shall, as far as
administrator shall be liable to pay this tax within practicable, evolve a progressive system of
60 days from the date of the execution of the taxation.
deed or from the date of the decedent’s death.
Collection of real property tax Common limitations on the taxing power of
1. Date of accrual of tax – The real property tax for local government units
any year shall accrue on the 1st day of January LGUS cannot collect the following taxes:
2. Payment of real property taxes in installment –the 1. Income tax, except when levied on banks and
owner of the real property or the person having other financial institutions;
legal interest therein may pay the basic real
2. Documentary stamp tax;
property tax and the additional tax for the Special
Education Fund (SEF) thereon without interest in 3. Estate tax;
four (4) equal installments as follows: 4. Customs duties, registration fees of vessel and
1st installment – on or before March 31 wharfage on wharves, tonnage dues, and all other
2nd installment – on or before June 30 kinds of customs fees, charges and dues except
3rd installment – on or before September 30 wharfage on wharves constructed and maintained
4th installment – on or before December 31 by the local government unit concerned;

3. Application of payment of real property taxes – 5. Taxes, fees or charges and other impositions upon
The payments shall first be applied to prior years’ goods carried into or out of, passing through, the
delinquencies, interests, and penalties, if any, and territorial jurisdiction of local government units in
only after said delinquencies are settled may tax the guise of charges for wharfage, tools for
payments be credited for the current period. bridges or otherwise, or other taxes, fees or
charges in any form whatsoever upon such goods
4. Tax discount for advanced prompt payment – If or merchandise;
the basic real property tax and the SEF are paid in
advance, a discount of not exceeding 20% of the 6. Taxes, fees or charges on agricultural and aquatic
annual tax due may be granted to the taxpayer. products when sold by marginal farmers or
fishermen;
5. Interests on unpaid real property tax –2% per
month on the unpaid amount or a fraction thereof, 7. Taxes on business enterprises certified to by the
until the delinquent tax (basic and special levies) Board of Investments (BOI) as pioneer or non-
shall have been fully paid, but not to exceed 36 pioneer for a period of six (6) and four (4) years,
months. respectively, from the date of registration;
Condonation or reduction of real property tax 8. Excise taxes on articles enumerated under the
and interest National Internal Revenue Code, as amended, and
Condonation or reduction of real property tax and taxes, fees or charges on petroleum products;
interest may be done either thru an ordinance, or by 9. Percentage or VAT on sales, barters or exchanges
the President of the Philippines. or similar transactions on goods or services except
a. Condonation/reduction thru an ordinance. as otherwise provided herein;
b. Condonation/reduction by the President. 10. Taxes on the gross receipts of transportation
Person or office tasked to collect the tax contractors and persons engaged in the
transportation of passengers or freight by for hire
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and common carriers by air, land or water, except from the beds of seas, lakes, rivers, streams,
as provided in this Code; creeks, and other public waters within its
11. Taxes on premiums paid by way of reinsurance or territorial jurisdiction.
retrocession; 5. Professional tax
12. Taxes, fees and charges for the registration of Subject: Each person engaged in the exercise or
motor vehicles and for the issuance of all kinds of practice of his profession requiring government
licenses or permits for the driving thereof, except examination.
tricycles; Place of payment: Province or city where he
13. Taxes, fees, or other charges on Philippine practices his profession or where he maintains his
products actually exported, except as otherwise principal office in case he practices his profession
provided herein; in several places.
Such person who has paid the corresponding
14. Taxes, fees, or charges on Countryside and
professional tax shall be entitled to practice his
Barangay Business Enterprises and cooperatives
profession in any part of the Philippines without
duly registered under R.A. No. 6810 and Republic
being subjected to any other national or local tax,
Act 9520 otherwise known as the “Cooperatives
license, or fee for the practice of such profession.
Code of the Philippines” respectively; and
Time of payment: Annually, on or before January
15. Taxes, fees or charges of any kind on the
31.
National Government, its agencies and
instrumentalities, and local government units. A line of profession does not become exempt even
if conducted with some other profession for which
Taxes imposable by the province the tax has been paid.
The following taxes may be imposed by the province:
Exemption: Professionals exclusively employed in
1. Transfer tax on transfer of real property the government.
ownership
Subject: Sale, donation, barter, or on any other 6. Amusement tax
mode of transferring ownership or title of real Subject: Proprietors, lessees, or operators of
property. Exemption: Sale, transfer or other theaters, cinemas, concert halls, circuses, boxing
disposition of real property pursuant to R.A. stadia, and other places of amusement.
6657(Comprehensive Agrarian Reform Law). Exempt: Holding of operas, concerts, dramas,
Time of payment: Seller, donor, transferor, recitals, painting and art exhibitions, flower
executor or administrator shall pay this tax within shows, musical programs, literary and oratorical
60 days from the date of the execution of the presentations, except pop, rock, or similar
deed or from the date of the decedent’s death. concerts.
7. Annual fixed tax for every delivery truck or
2. Tax on business of printing and publications
van of manufacturers or producers,
Subject: Persons engaged in the printing and/or
wholesalers of, dealers, or retailers in,
publication of books, cards, posters, leaflets,
certain products.
handbills, certificates, receipts, pamphlet, and
Subject: Every truck, van or any vehicle used by
other of similar nature. Exemption: Receipts from
manufacturers, producers, wholesalers, dealers or
the printing and/or publishing of books or other
retailers in the delivery or distribution of distilled
reading materials prescribed by the DepEd as
spirits, fermented liquors, soft drinks, cigars and
school references shall be exempt from this tax.
cigarettes, and other products as may be
3. Franchise tax determined by the Sangguniang Panlalawigan, to
Subject: Businesses enjoying a franchise. sales outlets, or consumers, whether directly or
4. Tax on sand, gravel and other quarry indirectly, within the province.
resources The manufacturers, producers, wholesalers,
Subject: Ordinary stones, sand, gravel, earth and dealers, and retailers referred to in the
other quarry resources, as defined under the immediately foregoing paragraph shall be exempt
NlRC, as amended, extracted from public lands or 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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