LOCAL TAXES

Local government units (LGUs) derive their revenues from local and external sources. Local sources
include tax revenues from the real property tax and the business tax, and non-tax revenues from fees and
charges, receipts from government business operations and proceeds from sale of assets. External sources,
on the other hand, include the Internal Revenue Allotment (IRA) and other shares from special laws, grants
and aids and borrowings.

TAXING POWERS OF LOCAL GOVERNMENTS

A. Taxes on Real Property

a. Basic Real Property Tax

The real property tax (RPT) is an ad valorem tax on real properties such as lands, buildings,
and other improvements, and machineries imposed by provinces, cities and municipalities within the
Metropolitan Manila Area (MMA), at the following rates:

Provinces - Not exceeding 1% of the assessed value of the real property; and

Cities or Municipalities within the MMA - Not exceeding 2% of the assessed value of the real

property

The RPT is based on the assessed value which is a certain percentage of the market value of
the real property. The assessed value is arrived at upon application of the assessment levels to the
market value of the property. The assessment levels are fixed by ordinance of the local Sanggunian
depending on the actual use of the property, at rates not exceeding the following:

(1) Lands

Class Assessment Leve

􀂄 Residential 20%

􀂄 Agricultural 40%

􀂄 Commercial, Industrial and Mineral 50%

􀂄 Timberland 20%

(2) Buildings and Other Structures

The rate progresses directly with the fair market value (FMV) as follows:

􀂄 Residential – 0% for those with FMV of PhP175,000.00 or less to 60% for those with

FMV of more than PhP10 million.

 􀂄 Agricultural – 25% for those with FMV of PhP300,000.00 or less to 50% for those

with FMV of more than PhP2 million.

􀂄 Commercial/Industrial – 30% for those with FMV of PhP300,000.00 or less to 80%

for those with FMV of more than PhP10 million.

􀂄 Timberland – 45% for those with FMV of PhP300,000.00 or less to 70% for those

with FMV of more than PhP2 million.

(3) Machineries

Class Assessment Levels

􀂄 Agricultural 40%

􀂄 Residential 50%

􀂄 Commercial and Industrial 80%

(4) Special Classes. The assessment levels for all lands, buildings, machineries, and other

improvements are as follows:

Actual Use Assessment Levels

􀂄 Cultural 15%

􀂄 Scientific 15%

􀂄 Hospital 15%

􀂄 Local Water Districts 10%

􀂄 Government-owned or controlled 10%

corporations engaged in the supply

and distribution of water and/or

generation and transmission of

electric power

􀂄 Exemptions: The following are exempted from payment of the RPT:

􀂄 Real property owned by the Republic of the Philippines or any of its political

subdivisions, except when the beneficial use thereof has been granted, for

consideration or otherwise to a taxable person;

 􀂄 Charitable institutions, churches, parsonages, or convents appurtenant thereto,

mosques, non-profit or religious cemeteries, and all lands, buildings, and

improvements actually, directly, and exclusively used for religious, charitable

or educational purposes;

􀂄 All machineries and equipment that are actually, directly and exclusively used by

local water districts and government owned or–controlled corporations (GOCCs)

engaged in the supply and distribution of water and/or generation and transmission

of electric power;

􀂄 All real property owned by duly registered cooperatives as provided for under RA
6938; and

􀂄 Machinery and equipment used for pollution control and environment protection.

Except as provided in the LGC, any exemption from the payment of RPT previously
granted to or presently enjoyed by, all persons, whether natural or juridical, including
all GOCCs were withdrawn upon the effectivity of the LGC.

b. Special Levies on Real Property

(1) Special Education Fund Tax

In addition to the basic RPT, a province or city, or a municipality within the

MMA may levy and collect an annual tax of 1% on the assessed value of real property
which shall be in addition to the basic RPT. The proceeds thereof shall exclusively
accrue to the Special Education Fund (SEF) to support public education.

(2) Idle Lands Tax

A province or city, or a municipality within the MMA may levy an annual tax
on idle lands at a rate not exceeding 5% of the assessed value of the property which
shall be in addition to the basic RPT.

􀂄 Coverage

(a) Agricultural lands, more than one (1) hectare in area, suitable for cultivation, dairying,
inland fishery, and other agricultural uses, one-half (1/2) of which remain

uncultivated or unimproved. Not considered as idle lands are (i) agricultural lands planted to
permanent or perennial crops with at least fifty (50) trees to a hectare, and (ii) lands actually
used for grazing purposes.
 (b) Lands, other than agricultural, located in a city or municipality more than one thousand

(1,000) square meters in area, one-half of which remain unutilized or unimproved.

Regardless of land area, the tax shall likewise apply to residential lots in subdivisions
duly approved by proper authorities, the ownership of which has been transferred to
individual owners, who shall be liable for the additional tax.

􀂄 Exemption

The LGU may exempt idle lands from the additional levy by reason of force majeure,
civil disturbance, natural calamity or any cause or circumstance which physically or legally
prevents the owner of the property or person having legal interest therein from improving,
utilizing or cultivating the same.

(3) Special Levy

A province, city or municipality may impose a special levy on the lands within its
territorial jurisdiction specially benefitted by public works projects or improvements funded

by the LGU concerned. The special levy shall not exceed 60% of the actual cost of such
projects and improvements, including the costs of acquiring land and such other real property
in connection therewith.

The special levy shall not apply to lands exempt from basic RPT and the remainder of
the land portions of which have been donated to the LGU concerned for the construction of
such projects or improvements.

(4) Other Impositions on Real Property

a. Socialized Housing Tax

In addition to the RPT and SEF tax, a socialized housing tax may also be
imposed by a province, city or municipality within the MMA. The tax is 1/2 of 1% of
the assessed value of all lands in urban areas in excess of PhP50,000.00.

b. Tax on Transfer of Real Property Ownership

A province, city or municipality within the MMA may impose a tax on the
sale, donation, barter, or any other mode of transferring ownership or title of real
property at the rate of not more than 50% of 1% in the case of a province and 75% of
1% in the case of a city or a municipality in MMA of the total consideration involved
in the acquisition of the property or of the FMV in case the monetary consideration
involved in the transfer is not substantial, whichever is higher.
 The sale, transfer or other disposition of real property pursuant to RA 6657
(Comprehensive Agrarian Reform Law of 1988) shall be exempt from the tax.

(5) Collection of Real Property Tax

The real property tax for any year shall accrue on the first day of January. The basic
RPT and the additional SEF tax may be paid without interest in four (4) equal installments;
the first installment to be due and payable on or before March 31; the second installment, on
or before June 30; the third installment, on or before September 30; and the last installment
on or before December 31.

The special levy shall accrue on the first day of the quarter next following the
effectivity of the ordinance imposing such levy. Its payments shall be governed by the
ordinance of the Sanggunian concerned.

The tax on transfer of real property ownership shall be paid within sixty (60) days
from the date of the execution of the deed or from the date of the decedent’s death.

The date for the payment of any other tax on real property shall be prescribed by the
Sanggunian concerned.

B. Other Local Taxes

Local government units are empowered to impose the following taxes:

1. Provincial Taxes

a. Tax on business of printing and publication at a rate not exceeding 50% of

1% of the gross annual receipts for the preceding calendar year. In case of
newly started business, the tax shall not exceed 1/20 of 1% of the capital
investment.

b. Tax on a business enjoying franchise at a rate not exceeding 50% of 1% of

the gross annual receipts for the preceding calendar year. In case of a newly
started business, the tax shall not exceed 1/20 of 1% of the capital
investment.

c. Tax on sand, gravel and other quarry resources at a rate not exceeding 10%
of the fair market value in the locality per cubic meter of ordinary stones,
sand, gravel, earth, and other quarry resources, as defined under the
National Internal Revenue Code (NIRC), as amended, extracted from public
lands or from the beds of seas, lakes, rivers, streams, creeks, and other public
waters within its territorial jurisdiction.

d. Professional tax on each person engaged in the exercise or practice of

his/her profession requiring government examination at a rate not exceeding
PhP300.00.
 e. Amusement tax payable by proprietors, lessees, or operators of theaters,
cinemas, concert halls, circuses, boxing stadia, and other places of
amusement at a rate of not more than 10% of the gross receipts from
admission fees.

f. Annual fixed tax not exceeding PhP500.00 for every delivery truck or van
used by manufacturers, producers, wholesalers, dealers or retailers in the
delivery or distribution of distilled spirits, fermented liquors, soft drinks,
cigars and cigarettes, to sales outlets, or consumers, whether directly or
indirectly, within the province.

2. Municipal Taxes

a. Business Taxes

There are three (3) kinds of business taxes imposed by municipalities:

(a) a combination of a graduated-fixed and percentage business taxes;

(b) percentage tax; and

(c) annual tax.

The following are subject to a combination of a graduated-fixed and percentage

business taxes:

(1) Manufacturers, assemblers, repackers, processors, brewers, distillers, rectifiers,

and compounders of liquors, distilled spirits, and wines or manufacturers of any
article of commerce of whatever kind or nature at rates ranging from PhP165.00 for
gross receipts of less than PhP10,000.00 to PhP24,375.00 for gross receipts of PhP5
million to PhP6,499,999.00. Those with gross receipts of PhP6,500,000.00 or more
are taxed at a rate of not exceeding 37 1/2% of 1% of the gross receipts.

(2) Wholesalers, distributors, or dealers in any article of commerce of whatever kind

or nature at rates ranging from PhP18.00 for gross receipts of less than PhP1,000.00
to PhP10,000.00 for gross receipts of PhP1 million to PhP1,999,999.00. Those with
gross receipts of PhP2 million or more are taxed at a rate of not exceeding 50% of 1%
of the gross receipts.

(3) Exporters, and manufacturers, millers, producers, wholesalers, distributors,

dealers or retailers of essential commodities are subject to not more than one-half
(1/2) of the rates prescribed for manufacturers wholesalers and retailers of other
products.

(4) Contractors and other independent contractors at rates ranging from PhP27.50
for gross receipts of less than PhP5,000.00 to PhP11,500.00 for gross receipts of PhP1
million to PhP1,999,999.00. Those with gross receipts of PhP2 million or more are
taxed at a rate of not exceeding 50% of 1% of the gross receipts.
 Percentage taxes are imposed on the following:

(1) Retailers, at rates of 2% for gross receipts of PhP400,000.00 or less and 1% for
gross receipts over PhP400,000.00.395

(2) Banks and other financial institutions at a rate not exceeding 50% of 1% of the
gross receipts of the preceding calendar year derived from interest, commissions and
discounts from lending activities, income from financial leasing, dividends, rentals, on
property and profit from exchange or sale of property, insurance premium.

(3) Any business, not otherwise specified in the preceding paragraph at a rate to be
determined by the local Sanggunian. If the business is subject to the excise, VAT or
percentage tax under the NIRC, the rate shall not exceed 2% of the gross sales or
receipts of the preceding calendar year.

Annual tax on peddlers engaged in the sale of any merchandise or article of

commerce, at a rate not exceeding PhP50.00 per peddler.

3. City Taxes

The city government may impose and collect any of the taxes, fees and charges
imposed by the province or municipality. The rates of taxes may exceed the maximum rates
allowed for the province or municipality by not more than 50% except the rates of
professional and amusement taxes which are already fixed.

4. Barangay Taxes

The barangay may impose a tax on stores or retailers with fixed business
establishments with annual gross sales or receipts of PhP50,000.00 or less in the case of
cities; and PhP30,000.00 or less, in the case of municipalities, at a rate not exceeding 1% of
gross sales or receipts.

5. Community Tax

City and municipal government may impose a community tax at the following rates:

a. Individuals

Basic community tax ………………………....... PhP5.00

Additional tax – For every PhP1,000.00 of income .…............ PhP1.00

The tax, however, shall in no case exceed PhP5,000.00.

b. Corporations

Basic community tax………………………... PhP500.00

Additional tax –􀂄 For every PhP5,000.00 worth of real property......... PhP2.00

􀂄 For every PhP5,000.00 worth of gross receipts/ earnings derived from

business…………………………………………………………………………………….... PhP2.00

The tax, however, shall in no case exceed PhP10,000.00.

 􀂄 Exemptions

The following are exempt from the community tax:

􀂄 Diplomatic and consular representatives; and

􀂄 Transient visitors when their stay in the Philippines does not exceed three
(3) months.

C. Other Revenue-Raising Powers of Local Governments

1. Common

a. Service Fees and Charges

LGUs may impose and collect such reasonable fees and charges.

b. Public Utility Charges

LGUs may fix the rates for the operation of public utilities owned,
operated and maintained by them within their jurisdiction.

c. Toll Fees and Charges

LGUs may prescribe the terms and conditions and fix the rates for the
imposition of toll fees or charges for the use of any public road, pier or wharf,
waterway, bridge, ferry or telecommunication system funded and
constructed by the LGU concerned.

2. Municipalities

a. Fees and charges on business and occupation and, except as reserved to the
province in Section 139 of the LGC, on the practice of any profession or calling,
commensurate with the cost of regulation, inspection and licensing at rates to be
prescribed by the Sangguniang Bayan.

b. Fees for the sealing and licensing of weights and measures at rates to be
prescribed by the Sangguniang Bayan.

c. Rentals, fees or charges on the use of municipal waters at rates prescribed by the
Sangguniang Bayan.

3. Cities

Fees and charges imposed by the province or municipality.

4. Barangays

Fees and charges:

(a) For services rendered in connection with the regulation or the use of
barangay-owned properties or service facilities.
 (b) For the issuance of a barangay clearance for any business or activity
located or conducted within the territorial jurisdiction of the barangay before
the city or municipality may issue a license or permit to said business or
activity.

(c) On commercial breeding of fighting cocks, cockfights and cockpits.

(d) On places of recreation which charge admission fees.

(e) On billboards, signboards, neon signs, and outdoor advertisement.

D. Collection of Taxes, Fees and Charges

All local taxes, fees and charges shall accrue on the first day of January of each year.
However, new taxes, fees or charges, or changes in the rates thereof, shall accrue on the first
(1st) day of the quarter next following the effectivity of the ordinance imposing such new
levies or rates.

All local taxes, fees and charges shall be paid within the first twenty (20) days of
January or of each subsequent quarter, as the case may be. The payments may be made in
quarterly installments.

EXTERNAL SOURCES

A. Internal Revenue Allotment

Before 1991, LGUs relied mainly on local taxation because all internal revenue income from national
taxes accrued to the national government. These resources were in part spent in the regions by regional
branches of national government. These regional branches/offices of the line ministries were in charge of
delivering basic services. Only a small amount of transfer payments was budgeted and released to LGUs
submitting local project proposals.

Under the 1991 Local Government Code, the Internal Revenue Allotment (IRA) scheme was
established. At least 40% of the country’s internal revenue income has been allocated to the LGUs in the
following manner:

(a) Provinces - Twenty-three percent (23%);

(b) Cities - Twenty-three percent (23%);

(c) Municipalities - Thirty-four percent (34%); and

(d) Barangays - Twenty percent (20%)

The revenue share of each province, city and municipality is determined on the basis of the following very
simple formula:

(a) Population - Fifty percent (50%);

(b) Land Area - Twenty-five percent (25%); and

(c) Equal sharing - Twenty-five percent (25%)

 The IRA became one of the key items in the national government budget, allocating to LGUs the bulk
of their local resources. From 2008-2010, IRA’s share to total receipts of LGUs averaged 65%. In recent years,
the dependency on the IRA allocation has decreased as more own revenues are developed. In 2006, the IRA
contribution was 77%. Areas outside the National Capital Region or Metro Manila, relied more from IRA.
Some low income areas depend on the IRA for as much as 90%. In Metro Manila, where there are more high
income earners, the local tax revenue is higher than the IRA, thus making them less IRA-dependent. In 2010,
the IRA’s share of Metro Manila was only around 16% of total income.

To ensure the release of the IRA on time, the lawmakers added a provision that it shall be
automatically released to the LGUs on a quarterly basis and shall not be subject to any lien or holdback that
may be imposed by the national government for whatever purpose.

The IRA has been successful in covering the main costs of the devolved services. It was an issue
initially because the amount of IRA devolved was not commensurate with the expenditure assignments that
were devolved. Through the years, the IRA has increased significantly, however, even enabling each local
government unit to pay their staff at the same pay scale as the national government.

B. Grants, Loans

Under the Local Government Code, LGUs in the Philippines were also authorized to seek grants and
contract loans, credits, and other forms of indebtedness with any domestic private bank and other lending
institutions. Borrowed funds can be used to finance the construction, installation, improvement, expansion,
operation, or maintenance of public facilities, infrastructure facilities, housing projects, the acquisition of real
property, and the implementation of other capital investment projects.

However, it seems that LGUs are not yet inclined or skilled in mobilizing resources through grants and
borrowings as these sources of funds accounted for a small portion only .1% and 2%, respectively, as shown
in a budget report in 2010. In the 2008 and 2009 audit report of the Commission on Audit, the government
auditing office indicates that the total assets of the local governments far outweighed their liabilities.

Principles on Fiscal Administration

Local Government Units, by virtue of the 1987 Constitution and the Local Government Code of 1991,
otherwise known as Republic Act 7160 have been given the power to raise certain taxes.

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.

 The grant of power to create sources of revenue is consistent with the basic policy of
local autonomy

 The taxes fees and charges shall accrue exclusively to the LGU
Following political subdivisions have the power to tax:

1.) Province – It is the largest unit in the political structure of the Philippines. It consist in varying numbers of
municipalities and, in some cases, of component cities.

2.) City – There are three classes of cities in the Philippines: the highly urbanized, the independent
component cities which are independent of the province, and the component cities which are part of the
provinces where they are located and subject to their administrative supervision.

3.) Municipality - It is a political corporate body which is endowed with the facilities of a municipal
corporation, exercised by and through the municipal government in conformity with law. It is a subsidiary of
the province of which consist of a number of barangays within its territorial boundaries, one of which is the
seat of government found the at the town proper.

4.)Barangay - The smallest political unit to which cities and municipalities in the Philippines are divided. It is
the basic unit of the Philippine political system. It consist of less than 1,000 inhabitants residing within the
territorial limit of a city or municipality and administered by a set of elective officials, headed by a barangay
chairman.

CONSTITUTION AUTHORIZES CREATION OF SOURCES OF REVENUE AND LEVY TAXES

Section 5. Each local government unit shall have the power to create its own sources of revenues and to levy
taxes, fees and charges subject to such guidelines and limitations as the Congress may provide, consistent
with the basic policy of local autonomy. Such taxes, fees and charges shall accrue exclusively to the local
governments.

Section 130. Fundamental Principles – The following fundamental principles shall govern the exercise of the
taxing and the other revenue-raising powers of local government units.

a. Taxation shall be uniform in each local government unit;

b. Taxes, fees, charges and other impositions shall:

1. Be equitable and based as far as practicable on the taxpayer’s

ability to pay;

2. Be levied and collected only for public purposes;

3. Not be unjust excessive, oppressive, or confiscatory;

4. Not be contrary to law, public policy, national economic policy, or

in restraint of trade.

c. The collection of local taxes, fees, charges and other impositions shall in no case be let to
any private person;

d. The revenue collected pursuant to the provisions of this code shall inure solely to the
benefit of, and be subjected to disposition by, the local government until levying the tax,
fees, charges or other imposition unless otherwise specifically provided herein; and

e. Each local government unit shall, as far as practicable, evolve a progressive system of
taxation.
THE CONDUCT AND MANAGEMENT OF FINANCIAL AFFAIRS, TRANSACTIONS, AND OPERATIONS OF
PROVINCES, CITIES, MUNICIPALITIES AND BARANGAYS.

SEC. 305. Fundamental Principles. – The financial affairs, transactions, and operations of local government
units shall be governed by the following fundamental principles:

(a) No money shall be paid out of the local treasury except in pursuance of an appropriation
ordinance or law;

(b) Local government funds and monies shall be spent solely for public purpose;

(c) Local revenue is generated only from sources expressly authorized by law or by

ordinance, and collection thereof shall at all times be acknowledged properly;

(d) All monies officially received by a local government officer in any capacity or in any occasion shall
be accounted for as local funds, unles otherwise provided by law;

(e) Trust funds in the local treasury shall not be paid out excepts in fulfillment of the purpose for
which the trust was created or the funds received;

( f) Every officer of the local government unit whose duties permit or require the possession or
custody of local funds shall be properly bonded, and such officer shall be accountable and responsible
for said funds and for the safekeeping thereof in conformity with the provisions of law;

(g) Local governments shall formulate sound financial plans, and the local budgets shall be based on
functions, activities, and projects, in terms of expected results; development plans, goals, and
strategies in order to optimize the utilization of resources and to avoid duplication in the use of fiscal
and physical resources;

( i ) Local budgets shall operationalize approved local development plans;

( j) Local government units shall ensure that their respective budgets incorporate the requirements of
their component units and provide equitable allocation of resources among these component units.

(k) National planning shall be based on local planning to ensure that the needs and aspirations of the
people as articulated by the local government units in their respective local development plans are
considered in the formulation of budgets of national line agencies or offices;

( l) Fiscal responsibility shall be shared by all those exercising authority over the financial affairs,
transactions, and operations of the local government units; and

(m)The local government unit shall endeavor to have a balanced budget in each fiscal year operation.