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2. Tax base
a. Gross monthly sales or receipts
1)Seller of goods Gross sales
2)Seller of services Gross receipts
3. Tax rate
a. The tax rate is 3%
b. Fees, per diems, allowances and other income received by corporate directors whether employee or not employee.
B. Sec. 117 – Percentage Tax on Domestic Carriers and Keepers of Garage (Common Carrier’s Tax)
1. Common carrier defined
Persons, corporations, firms or associations engaged in the business of carrying or transporting passenger or goods or both, by land, water, or air,
for compensation, offering their services to the public and shall include transportation contractors.
5. Tax base
a. Actual quarterly gross receipts
b. minimum quarterly gross receipt
6. Tax rate
a. The tax rate is 3%.
The vehicle used in transporting passengers and/or goods in the TNC may be owned by other people and/or entities other than the TNC, and
shall be referred herein as “Partners”.
2. Tax base
a. Monthly gross receipts
Notes:
-The common carrier’s tax herein do not apply to off-line international carriers having a branch/office or sales agent in the
Philippines which sells passage documents for a compensation or commission to cover off-line flights or voyage of its principal or head office, or for
other airlines or sea carriers covering flights or voyages originating from the Philippine ports or off-line flights or voyages. (RR 15-2013). These
entities may be subject to VAT.
-Income from International transport operations involving the transport of passengers, goods and cargoes from foreign country to the
Philippines (incoming flights) are income derived from services rendered outside the Philippines, hence exempt from business
taxes due to lack of tax jurisdiction (RMC 46-2008)
4. Tax Rate
a. The tax rate is 3%
(RR 15-2013) The transport of passengers by international carriers doing business in the Philippines shall be exempt from
value-added tax (VAT) pursuant to Sections 109(1)(S) of the NIRC, as amended by RA No. 10378. The transport of cargo by
2. Tax base
a. Gross receipts derived from the business covered by the law granting the franchise
3. Tax rates
a. Franchise on radio and/or TV broadcasting – 3% or pay VAT at their option
b. Franchise on gas and water utilities – 2%
c. Franchise Tax on PAGCOR - 5%
Excerpt from RMC 33-2013: PAGCOR is subject to a franchise tax of five percent (5%) of the gross revenue or earnings it derives from its
operations and licensing of gambling casinos, gaming clubs and other similar recreation or amusement places, gaming pools, and other related
operations.
E. Sec. 120 – Tax on Overseas Dispatch, Message or Conversation Originating from the Philippines
1. Persons subject to tax
a. The tax imposed shall be payable by the person paying for the services rendered and shall be paid to the person rendering the services
3. Tax base
a. Amount paid for the services rendered
4. Tax rate
a. The tax rate is 10%.
F. Sec. 121 – Tax on Banks and Non-Bank Financial Intermediaries Performing Quasi-banking Functions
2. Definition of terms
a. Bank
The term “bank” means every banking institution, as defined in Sec. 2 of R.A. No. 337, as amended, otherwise known as the The General
Banking Act. A bank may either be a commercial bank, a thrift bank, a development bank, a rural bank or a specialized government bank.
c. Quasi-Banking Activities
The term “quasi-banking activities” means borrowing funds from twenty (20) or more personal or corporate lenders at any time, through the
issuance, endorsement, or acceptance of debt instruments of any kind other than deposits from the borrower’s account, or through the issuance
of certificates of assignment or similar instruments, with recourse, or repurchase agreement for purposes of relending or purchasing receivables
and other similar obligation: Provided however, that commercial, industrial and other non-financial companies, which borrow funds through
any of these means for the limited purpose of financing their own needs or the needs of their agents or dealers, shall not be considered as
performing quasi-banking functions.
Remaining maturity period of instrument is more than 5 years (in excess of 5 years) 1%
Dividends and equity shares in net income of subsidiaries 0%
Royalties, rentals of property, real or personal, profits from exchange and all other items treated as gross
7%
income under the Tax Code
Net trading gains within the taxable year on foreign currency, debt securities, derivatives and other
7%
similar financial instrument
G. Sec. 122 – Tax on Finance Companies/Tax on Other Non-Bank Financial Intermediaries (Gross Receipts Tax)
1. Persons subject to tax
b. Cooperative companies or associations are such as are conducted by the members thereof with the money collected from among themselves
and solely for their own protection and not for profit.
2. Tax base
a. Total premiums collected, whether such premiums are paid in money, notes, credits or any substitutes for money
8. Items earned by life insurance company subject to VAT or percentage tax as the case may be (RMC No. 49-2010)
a. Insurance and reinsurance commissions, whether life or non-life
b. Management fees
c. Rental income
d. Other income earned which can be pursued independently of the insurance business activities
2. Tax base
a. Total premiums collected
3. Tax rate
a. 4% (equal to twice the tax imposed in Section 123 of NIRC)
4. Direct insurance with foreign insurance companies
a. In all cases where owners of property obtain insurance directly with foreign companies, they shall pay the tax of 5% on premiums paid
(owners of property who obtain insurance directly with foreign companies)
5. Persons Liable:
a. Agents of Non-resident Foreign Corporation engaged in insurance business; and
b. Owners of property directly obtaining insurance to non-resident foreign corporation engaged in insurance business.
7. Owners of property directly obtaining insurance to Non-resident Foreign Corporation engaged in insurance companies
a. Premium Payments x 5% = Premiums Tax
• Note: The term “cabaret, nights and day clubs” includes videoke bars, karaoke bars, karaoke televisions, karaoke boxes and
music lounge. (RMC No. 18-2010)
• 15% tax on professional basketball games in lieu of all other percentage taxes
The 15% tax on professional basketball games shall be in lieu of all other percentage taxes of whatever nature and description.
4. Collection of tax
a. Tax on winnings shall be deducted from the “dividends” corresponding to each winning ticket or the “prize” of each winning racehorse.
b. Tax on winnings shall be withheld by the operator, manager or person in charge of the horse races before paying the dividends or prizes.
3. Persons Liable:
a. Owners of the winning horse; and
b. Bettor in a horse race or jai-alai
L. Sec. 127 (A) – Tax on Sale, Barter, or Exchange of Shares of Stock Listed and Traded Through the Local Stock Exchange
1. Summary
SUMMARY RULE ON SALE OF SHARES OF STOCK
Seller Place of sale Issuer Tax applicable
Dealer in Securities N/A N/A VAT and Basic income tax
Not Dealer in Securities Within LSE N/A Percentage tax
Not Dealer in Securities Outside LSE Domestic corporation Capital gains tax
Not Dealer in Securities N/A Foreign corporation Basic income tax
.
RR 16-2012 prescribes the tax treatment of sales, barters, exchanges or other dispositions of shares of stock of publicly-listed companies
whose public ownership levels fall below the mandatory Minimum Public Ownership (MPO) level
All publicly-listed companies are required, at all times, to maintain a minimum percentage of listed securities held by the public (or “public
float”) of the higher rate of 10% of the publicly-listed companies’ issued and outstanding shares, exclusive of any treasury shares or at such
percentage as may be prescribed by the Securities and Exchange Commission (SEC) or Philippine Stock Exchange (PSE).
Publicly-listed companies which are non-compliant with the Capital Gain Tax
MPO (Tax Base - Net Capital Gain: Tax rate 15%)
Publicly- listed companies which are compliant with the Percentage tax(Stock transaction tax)
MPO (6/10 of 1% of the gross selling price or gross value in money of the shares of
stock).
.
2. Taxes imposed herein shall not apply to the following:
a. Dealers in securities provided that, they shall be subject to Value-Added Tax (VAT) on the basis of their gross receipts and Income Tax from
their sale or exchange of securities.
b. Investors in shares of stock in a mutual fund company in connection with the gains realized by said investor upon redemption of said shares
of stock in a mutual fund company pursuant to Section 32(B)(7)(h) of the NIRC; and
c. All other persons, whether natural or juridical, who are specifically exempt from national internal revenue taxes under existing investment
incentives and other special laws.
b. No sale, exchange, transfer or similar transaction intended to convey ownership of, or title to any share of stock shall be registered in the
books of the corporation unless the receipts of payment of the taxes herein imposed in the instances herein specified and the Certificate
Authorizing Registration (CAR) and/or Tax Clearance Certificate (TCL) under pertinent RR and issuances are filed with and recorded by the
stock transfer agent or secretary of the corporation. It shall be the duty of the aforesaid persons to inform the BIR any case of non-payment of
tax.
M. Sec. 127 (B) – Tax on Shares of Stock in Closely Held Corporation Sold or Exchanged Through Initial Public Offering
1. Person subject to tax
2. Tax base
a. Gross selling price or gross value in money
3. Tax Proportion shares sold, bartered, exchanged, etc. to total outstanding shares after the listing in the local stock exchange rates
“Primary Offering” refers to the original sale made to the investing public by the issuer corporation of its unissued Shares of Stock.
“Secondary Offering”refers to an offer for sale to the investing public by the existing shareholders of their securities which is conducted during
an IPO or a follow-on/follow-through offering.
“Follow-on/Follow-through Offering of Shares” refers to an offering of shares to the investing public subsequent to an IPO.
A follow-on follow-through transaction by the issuing corporation is not subject to both income tax and business tax but subject to applicable
documentary stamp taxes.
Notes:
1. A follow-on follow through transaction by the issuing corporationis not subject to both income tax and business tax. Nonetheless, it is
subject to applicable documentary stamp tax.
2. A follow-on follow-through transaction by a shareholder is subject to stock transaction tax under section 127 (A) of the tax code of 6/10
of 1% of gross selling price or gross value in money of the shares of stock sold.
7. Gain not subject to capital gains tax and regular income tax
a. Any gain derived from the sale, barter or exchange or other disposition of shares of stock under Sec. 127 shall be exempt from capital gains
tax and from the regular individual and corporate income tax
1. As to tax payments
Percentage tax P200,000 per quarter (preceding year)
VAT P200,000 per quarter (preceding year)
Excise Tax P1,000,000 per year (preceding year)
Income tax P1,000,000 per year (preceding year)
Documentary stamp tax P1,000,000 per year (aggregate annual)
Withholding taxes (all types) P1,000,000 per year (annual)
2. As to financial condition
Gross sales/receipts P1,000,000,000 per year (preceding year)
Net worth P300,000,000 at the close of each calendar or fiscal year (close of each year)
Gross purchases P800,000,000 per year (preceding year)
Per S.E.C lists Top corporations as listed and published by the Securities and Exchange Commission
E. Person whose VAT registration is cancelled
In the case of a person whose VAT registration is cancelled and who becomes liable to the 3% tax on VAT-exempt persons, the tax shall accrue
from the date of cancellation and shall be paid within 20 days after the end of each taxable month
1. Bureaus, offices and instrumentalities of the Government including government-owned or controlled corporations as well as their subsidiaries,
provinces, cities and municipalities making any money payments to private individuals, corporations, partnership and/or associations are
required to deduct and withhold other percentage taxes
2. Any person, natural or juridical, with respect to his/its purchase in the course of trade or business from non-VAT taxpayers subject to the 3%
percentage tax under Section 116 of the Tax Code shall be subject to a percentage tax withholding at source at a rate of 3% based on the
payee’s or (sellers) sales/receipts. The withholding shall be done if the taxpayer-payee opts to remit his percentage tax through withholding
by filing “ Notice of Availment of the Option to Pay the Tax Through the Withholding Process”
A. Determine which of the following transactions are subject to VAT, 3% percentage tax on VAT-exempt persons or neither VAT nor 3% percentage
tax on VAT-exempt persons.
1. Sale of VAT-subject goods by a not VAT-registered seller and whose gross annual sales do not exceed P3,000,000.
2. Services rendered. Service provider is VAT-registered and whose gross annual receipts exceed P3,000,000.
3. Sale of VAT-subject goods by a VAT-registered seller and whose gross annual sales do not exceed P3,000,000.
4. Sale of dried fish (VAT exempt transaction) by a not VAT-registered seller, gross annual sales exceed P3,000,000.
5. Sale of fresh tomatoes(VAT exempt transaction) by a VAT-registered seller, gross annual sales exceed P3,000,000.
6. Sale of fresh tomatoes(VAT exempt transaction) by a not VAT-registered seller, gross annual sales do not exceed P3,000,000.
7. VAT-registered seller of both VAT-subject goods and VAT-exempt goods (optionally registered VAT-exempt sales).
B. Determine which of the following transactions are subject to VAT, 3% common carrier’s tax or neither VAT nor 3% common carrier’s tax.
1. Transport of passengers by land by a VAT-registered domestic common carrier.
2. Transport of passengers by land by a not VAT-registered domestic common carrier.
3. Transport of passengers by land by a not VAT-registered domestic common carrier, whose gross annual sales exceed
P3,000,000.
4. Transport of goods and cargoes by land by a VAT-registered domestic common carrier.
5. Transport of goods and cargoes by land by a not VAT-registered domestic common carrier.
6. Transport of passengers, goods and cargoes by sea by a VAT-registered domestic common carrier.
7. Transport of passengers, goods and cargoes by air by a VAT-registered domestic common carrier.
8. Transport of passengers, goods and cargoes by calesa (two wheeled animal drawn vehicle).
9. Transport of passengers, goods and cargoes by banca.
C. Determine which of the following shall be subject to the common carrier’s tax on international carriers.
1. Fees received by Cathay Pacific on freight and cargo originating from the Philippines. Passage documents were sold in
Singapore. Cathay Pacific is an airline maintaining flight operations to and from the Philippines,
2. Fees received by Malaysian Airlines on freight and cargo originating from Japan. Passage documents were sold in the
Philippines. Malaysian Airlines is an airline maintaining flight operations to and from the Philippines.
3. Gross receipts received by Singapore Airlines from the sale of tickets to passengers originating from the Philippines. Passage
documents were sold in the Philippines. Singapore Airlines is an airline maintaining flight operations to and from the
Philippines.
4. Gross receipts from sale of tickets by an agent of British Airways, an airline with no flight operations to and from the
Philippines, for transport of passenger from Singapore to London.
5. Gross receipts from sale of passage documents by an agent of British Airways, an airline with no flight operations to and from
the Philippines, for transport of goods and cargo from Singapore to London.
D. Determine whether the following transactions are subject to franchise tax, VAT or neither franchise tax nor VAT.
1.Gross receipts on sale of air time by franchise grantee of radio and/or television broadcasting, not VAT-registered. Gross
receipts for the past twelve months were P10,000,000.
2. Gross receipts on sale of air time by franchise grantee of radio and/or television broadcasting, VAT-registered. Gross receipts
for the past twelve months were P10,000,000.
3. Gross receipts on sale of air time by franchise grantee of radio and/or television broadcasting, not VAT-registered. Gross
receipts for the past twelve months were P12,000,000.
4. Gross receipts on sale of air time by franchise grantee of radio and/or television broadcasting, VAT-registered. Gross receipts
for the past twelve months were P12,000,000.
5.Rental fees received by a franchise grantee of radio and/or television broadcasting, not VAT- registered, on lease of a
commercial space, P3,000,000.
6.Rental fees received by a franchise grantee of radio and/or television broadcasting, VAT- registered, on lease of a commercial
space, P1,900,000.
7.Rental fees received by a franchise grantee of radio and/or television broadcasting, not VAT- registered, on lease of a
commercial space, P3,000,000.
8. Gross receipts from sale of gas andwater by a franchise grantee of gas and water utilities, not VAT-registered, P3,000,000.
9. Gross receipts from sale of gas and water by a franchise grantee of gas and water utilities, not VAT-registered, P5,000,000.
10. Gross receipts from sale of gas and water by a franchise grantee of gas and water utilities, VAT-registered, P1,000,000.
11.Rental fees received by a franchise grantee of gas and water utilities, not VAT-registered, on lease of a commercial space,
P3,000,000.
12. Rental fees received by a franchise grantee of gas and water utilities, not VAT-registered, on lease of a commercial space,
P3,919,500.
13. Rental fees received by a franchise grantee of gas and water utilities, VAT-registered, on lease of a commercial space,
P3,000,000.
E`. Determine which of the following transactions shall be subject to the overseas communication tax
1. Calls originating from the Philippines paid by the subscriber in the Philippines
2. Calls originating from the Philippines paid by the receiver of the call outside the Philippines
3. Calls coming into the Philippines paid by the receiver of the call in the Philippines
4. Calls coming into the Philippines paid by the caller outside the Philippines
5. Long distance call from Manila to Bicol
6. Local call from Manila to San Pedro, Laguna
Additional Notes:
2. Items earned by life insurance company subject to VAT or percentage tax as the case may be (RMC No. 49-2010)
a. Insurance and reinsurance commissions, whether life or non-life
b. Management fees
c. Rental income
d. Other income earned which can be pursued independently of the insurance business activities
PROBLEMS
A. Mr. Bam ” lover boy” Apepe, single, owns a store specializing on beauty products. His gross sales in the previous calendar year did not exceed
the VAT threshold amount of P3,000,000. He is not VAT-registered. The following data for last month were as follows:
Gross sales 500,000
Purchases from VAT-registered suppliers 450,000
Purchases from not VAT-registered suppliers 150,000
B. World Transportation Company, a domestic common carrier that transport passenger and cargoes by land, sea and air within the Philippines and
abroad. It had the following data for last month:
On land carriers:
Gross receipts from cargoes (Manila to Quezon) P500,000
Gross receipts from passengers (Manila to Bataan) 700,000
On sea carriers:
Gross receipts from cargoes (Cebu to Samar) 900,000
Gross receipts from passengers (Bohol to Dumaguete) 1,000,000
Gross receipts from cargoes (Zamboanga to Malaysia) 2,000,000
On air carriers:
Gross receipts from cargoes (Ilocos to China) 3,000,000
Gross receipts from passengers (Cagayan toBatanes) 400,000
Operating expenses for last month were P 5,600,000 and are allocated as follows: land carriers,
20%; sea carriers 35% and air carriers, 45%.
Questions:
1.How much is the common carrier’s tax due from the air carrier assuming it is an international carrier doing business in the Philippines?
2. How much is the VAT due from the air carrier assuming it is a domestic air carrier?
D.Luke Daniela franchisee, VAT registered had the following data on revenues and receivables, taxes not included:
Cash revenues from operations granted by the franchise P300,000
Total revenues from operations granted by the franchise not including the cash revenues of P300,000 500,000
Total cash receipts (includes collections of receivables from operations granted by the franchise but not
including the cash revenues of P300,000) 500,000
Overseas calls:
Originating from the Philippines:
Paid by the Earl Gavriein the Philippines P85,000
Paid by the receiver of the call outside the Philippines 24,000
For calls coming into the Philippines:
Paid by Earl Gavrie 25,000
Paid by callers from abroad 35,000
Question 1 - How much is the value-added tax billed to Earl Gavrie, a person engaged in business?
Question 2 – How much is the percentage tax billed to Earl Gavrie, a person engaged in business?
Question 3 - How much is the value-added tax billed to Earl Gavrie, a field reporter of CNN?
Question 4 – How much is the percentage tax billed to Earl Gavrie, an Ambassador of the USA?
F. Pilipino Bank, a domestic bank had the following data for theprevious month. Compute the percentage tax for the month.
Rentals from personal and real and property, gross of applicable tax P500,000
Royalties, net of applicable tax 372,000
Dividend income from investments in stocks, gross of applicable tax 500,000
Equity shares in the net income of subsidiaries, gross of applicable tax 600,000
Net trading gains within the taxable year on foreign currency, debt securities, derivatives and other similar financial
instruments, gross of applicable tax 500,000
Gross receipts on interest, commissions and discounts from lending activities net of applicable tax, on instruments with
maturities of:
Four years and less 450,000
Seven years 990,000
G. P operates a cockpit. Inside the cockpit, he also operates a restaurant. Data for the particular quarter follow: Gross receipts (cockpit operation)
P800,000; Income from telivision P400,000; Sale of food P40,000
H. PareX Corporation, a closely-held corporation, has an authorized capital stock of 1,000,000 shares and with par value of Php1.00/share as of
January 15, 2016. Of the 1,000,000 authorized shares, 250,000 shares were subscribed and fully paid up by the following stockholders: Mr.Earl
Garcia, 50,000; Mr. Bam Apepe, 50,000; Mr. GorMacariola, 50,000; Mr.IvanBagayao, 50,000; Ms.Mirasol, 50,000.
In February 2017, PareX Corporation decided to conduct an IPO and offered 250,000 of its unissued shares to the investing public at P2.00 per
share. After the IPO in June 2017, PAReXCorporation’s total issued shares increased from 250,000 to 500,000 shares. At the IPO, one of the
existing stockholders, Ms.Mirasol, decided to sell her entire 50,000 shares to the public at P2.00 per share. Thus, 250,000 shares have been offered
in the primary offering and 50,000 shares in the secondary offering.
Question 1: How much is the percentage tax on the primary offering? P5.000
Question 2: How much is the percentage tax on the secondary offering of Ms.Mirasol’s shares? P4,000
Question 3: How much is the percentage tax due assuming Ms. Mirasolsells her shares at P3.00 per share after the IPO? P750
Tax Treatment of “ Passed on Gross Receipt Tax” Under Section 121 and 122 (RMC 62-2016)
The “passed-on” GRT should form part of the tax base upon which the GRT is based for gross receipt tax purposes, based on the definition of gross
receipts, that is based on actual or constructive receipt of income. Since bank, non-bank financial instermediaries, financing companies and other
financial intermediaries not performing quasi-banking functions doing business in the Philippines are directly liable for GRT on gross receipts
dereived by them from business operations, the “passed-on” GRT shall be considered as receipt of gross income specificied under Section 32 (A) of
the Tax Code.
The “passed-on” GRT are considered as other fees and charges. The classification of passed on GRT as other fees and charges is consistent with the
implementing rules issued by the BSP through BSP Circular No. 370 (Updated Rules Implementing the Truth in Lending Act to Enhance Loan
Transaction Transparency dated July 20, 2011. Pertinent portions of which reads, Finance charge includes interest, fees, service charges, discounts,
and such other charges incident to the extension of credit.
Can the “Passed-on” GRT be claimed by the customer/client/borrower as a deduction for income tax purposes?
• Yes. Passsed on GRT (as other fees) under Section 34 of the Tax Code, subject, however, to the requirements for the deductibility under
Section 2.58.5 of RR No. 2-98, as amended by RR No. 12-2013.
What is the propert tax treatment by Banks and non-bank financial intermediaries on the “passed-on” GRT for income tax purposes?
• Banks and non-bank financial intermediaries can claim the GRT paid as deductible expense for income tax purposes pursuant to Section 34
(C) of the Tax Code subject to the actual remittance of the GRT as provided under Section 128 of the Tax Code.
• On the other hand, the interest charge tohe client-borrower and the the “passed-on” GRT shall be considered as receipt of income as
specified under Section 32 of the Tax Code.
PROBLEM
ABC Bank extended a P2,000,000, 20% per annum short-term loan to Makababa Company and shifted the 5% GRT due on the interest collectible
from Makababa Company for loans extended by ABC Bank to Makababa Company
Required:
1. How much is the gross receipt tax?
2. Assuming the creditor is a non-bank financial intermediary not performing quasi-banking functions, how much is the gross receipt tax?
3. How much should the creditor include in its gross income as as result of the foregoing transaction?
4. How much can the creditor (Bank) claim as deductible expense?
5. How much can Makababa Company claim as deductible expense?
The following policies and guidelines shall be observed by all concerned in the implementation of RA No. 10693:
1. Microfinance NGOs with duly issued Certificate of Accreditation from the Microfinance NGO Regulatory Council (or “Council”) shall be eligible
to avail of the 2% gross receipt tax on income from microfinance operations in lieu of all national taxes;
2. Preferential tax treatment shall be accorded only to NGOs whose primary purpose is microfinance and only on their microfinance operations
catering to the poor and low-income individuals in alignment with the main goal of the Act to alleviate poverty;
4. The word “Microfinance” shall be included in the corporate and trade name of the Microfinance NGO;
5. The preferential rate of 2% tax based on gross receipts from microfinance operations should only refer to lending activities and insurance
commission which are bundled and forming integral part of the qualified lending activities of the Microfinance NGOs;
6. All other income by the Microfinance NGOs which are not generated from the lending activities and insurance commissions, shall be subject to all
applicable taxes;
7. Duly registered and accredited Microfinance NGOs, as well as their clients, shall be required to have a Taxpayer Identification Number (TIN);
8. Microfinance NGOs already registered with the BIR shall update their registration with the concerned Revenue District Office (RDO) using BIR
Form No. 1905 to reflect their accreditation as Microfinance NGOs;
9. Every Microfinance NGO shall maintain books of accounts and other pertinent records and shall be subject to periodic examination by revenue
enforcement officers of the BIR. In case Microfinance NGO engages in other businesses, it shall maintain separate books of accounts for the same;
10. Every Microfinance NGO shall apply for Authority to Print (ATP) Receipts/Invoices (BIR Form No. 1906). In case Microfinance NGO engages
in other business, it shall apply for ATP for use of the other business.
11. Microfinance NGOs shall use BIR Form No. 2551M (Monthly Percentage Tax Return) in filing and paying the 2% preferential tax rate; and
12. Microfinance NGOs shall be constituted as a withholding agent for the government if they act as an employer and that any of their employees
received compensation income subject to withholding tax on compensation, or if they make payments to individuals or corporations subject to
withholding taxes at source.
Notes:
Tag Microfinance NGO with Certificate of Accreditation from the Council as “Microfinance NGO” to qualify for the two percent (2%) tax based on
its gross receipts from microfinance operations in lieu of all national taxes and shall have the following tax types:
i. Income Tax, for form type purposes only
ii. Percentage Tax
iii. Withholding compensation – if with employee
iv. Withholding expanded – if with payments subject to withholding tax at source
(B)A corporate
issuer/stock broker, whether
domestic of foreign, engaged
in the sale, barter, exchange or Gross selling price or gross value of in money of shares of stocks sold, bartered, exchanged or otherwise
other disposition through disposed in accordance with the proportion of stocks sold, bartered or exchanged or after listing in the
Initial Public Offering stock exchange
(IPO)/Secondary Public
Offering of shares of stock in
closely held corporations • Up to 25 % 4%
• Over 33 1/3 % 1%