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DESCRIPTION

Any person, whether natural or juridical, required under the authority of the Internal Revenue
Code to make, render or file a return, statement or other documents, shall be supplied with or
assigned a Taxpayer Identification Number (TIN) to be indicated in the return, statement or
document to be filed with the Bureau of Internal Revenue, for his proper identification for tax
purposes (Sec. 236 (i) of the Tax Code).

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FOR SELF-EMPLOYED AND MIXED INCOME INDIVIDUALS

Tax Form

BIR Form 1901- Application for Registration for Self-Employed and Mixed Income Individuals, Non-
Resident Alien Engaged in Trade/Business, Estates/Trusts

Documentary Requirements

› BIR Form No. 1901

› Any identification issued by an authorized government body (e.g. Birth Certificate, passport,
driver’s license, Community Tax Certificate) that shows the name, address and birthdate of the
applicant;
› Photocopy of Mayor’s Business Permit; or Duly received Application for Mayor’s Business Permit,
if the former is still in process with the LGU; and/or Professional Tax Receipt/Occupational Tax
Receipt issued by the LGU [For Professionals where PTR is not required (e.i. Consultants, Agents,
Artist, Underwriters & the like)]; or DTI Certificate;

› Proof of Payment of Annual Registration Fee (ARF) (if with existing TIN or applicable after TIN
issuance);

› BIR Form No. 1906;

› Final & clear sample of Principal Receipts/ Invoices;

Other documents for submission only if applicable:

› Special Power of Attorney (SPA) and ID of authorized person, in case of authorized representative who will transact with the Bureau;

› Franchise Documents (e.g. Certificate of Public Convenience) (for Common Carrier);

› Photocopy of the Trust Agreement (for Trusts);

› Photocopy of the Death Certificate of the deceased (for Estate under judicial settlement);

› Certificate of Authority, if Barangay Micro Business Enterprises (BMBE) registered entity;

› Proof of Registration/Permit to Operate BOI/BOI-ARMM, PEZA, BCDA and SBMA

Procedures
a) Accomplish BIR Form 1901 and 1906 and submit the same together with the documentary
requirements with the New Business Registrant Counter of the RDO having jurisdiction over the
place where the head office and branch, respectively.

b) Pay the Annual Registration Fee (P500.00) and/or payment for the BIR Printed Receipt/Invoice
(if taxpayer opted to buy for use) at the New Business Registrant Counter in the BIR Office.

c) The RDO shall then issue the Certificate of Registration (Form 2303) together with the “Ask for
Receipt” notice, Authority to Print, BIR Printed Receipt/Invoice (if applicable) and eReceipt as
proof of payment.

Note: Taxpayer may attend the scheduled initial briefing for new business registrants to be
conducted by the concerned RDO in order to apprise them of their rights and
duties/responsibilities.

Deadline

› All Individuals engaged in trade or business shall accomplish and file the application on or before
the commencement of business, it shall be reckoned from the day when the first sale transaction
occurred or within thirty (30) calendar days from the issuance of Mayor's Permit/Professional Tax
Receipt (PTR) by LGU, which ever comes earlier

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ESTATES (under judicial settlement)

Tax Form
BIR Form 1901- Application for Registration for Self-Employed and Mixed Income Individuals, Non-
Resident Alien Engaged in Trade/Business, Estates/Trusts

Documentary Requirements

› Photocopy of the Death Certificate of the deceased and judicial settlement;

Other documents for submission only if applicable:

a) DTI Certificate of Registration Business Name, if business trade name shall be used;

b) Certificate of Authority if Barangay Micro Business Enterprises (BMBE) registered entity;

c) Proof of Registration/Permit to Operate with Board of Investment (BOI/Board of Investment for


Autonomous Region for Muslim Mindanao (BOI-ARMM), Philippine Export Zone Authority (PEZA),
Bases Conversion Development Authority (BCDA) and Subic Bay Metropolitan Authority (SBMA);

d) Franchise Documents;

e) Marriage Contract.

Procedures

a) Accomplish BIR Form 1901and submit the same, together with the required attachments, to the
Revenue District Office having jurisdiction over the registered address of the estate.

b) Pay the Annual Registration Fee (P 500.00) at the Authorized Agent Banks of the RDO
Deadline

› Application for registration shall be accomplished and filed before filing a return, statement or
declaration as required in the Tax Code and payment of any tax due.

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TRUSTS

Tax Form

BIR Form 1901 - Application for Registration for Self-Employed and Mixed Income
Individuals, Non-Resident Alien Engaged in Trade/Business, Estates/Trusts

Documentary Requirements

› Photocopy of Trust Agreement

Other documents for submission only if applicable:

a) DTI Certificate of Registration Business Name, if business trade name shall be used;

b) Certificate of Authority if Barangay Micro Business Enterprises (BMBE) registered entity;

c) Proof of Registration/Permit to Operate with Board of Investment (BOI/Board of Investment for


Autonomous Region for Muslim Mindanao (BOI-ARMM), Philippine Export Zone Authority (PEZA),
Bases Conversion Development Authority (BCDA) and Subic Bay Metropolitan Authority (SBMA);
d) Franchise Documents.

Procedures

a) Accomplish BIR Form 1901and submit the same together with the required attachments to the
Revenue District Office having jurisdiction over the registered address of the trusts.

b) Pay the Annual Registration Fee (P500.00) at the Authorized Agent Banks of the RDO

Deadline

› Application for registration shall be accomplished and filed before filing a return, statement or
declaration as required in the Tax Code and payment of any tax due

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INDIVIDUALS EARNING PURELY COMPENSATION INCOME

Tax Form

BIR Form 1902 - Application for Registration For Individuals Earning Purely Compensation
Income (Local and Alien Employee)

Documentary Requirements

1. Any identification issued by an authorized government body (e.g. Birth Certificate, passport,
driver’s license, Community Tax Certificate) that shows the name, address and birthdate of the
applicant;
2. Marriage Contract, if applicable;

3. For Alien Employee - Passport; and

4. Working Permit; or Photocopy of duly received Application for Alien Employment Permit (AEP)
by the Department of Labor and Employment (DOLE)

For employers using eREG System, the above requirements shall be required from their employees

Procedures

1. Accomplish BIR Form 1902 and submit the same together with the documentary requirements
to the employer.

2. The employer shall accomplish the applicable sections of the application form.

3. Submit BIR Form 1902 to the Revenue District Office (RDO) having jurisdiction over the place of
office of the employer where such employee is expected to report for work.

Deadline

› New employees shall accomplish and file the application within ten (10) days from date of
employment.

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OCWs/SEAMEN EARNING PURELY FOREIGN-SOURCED INCOME


Tax Form

BIR Form 1904 - Application for Registration for One-Time Taxpayer and Person Registering under
E.O. 98

Documentary Requirements

- Birth certificate or any valid identification showing name, address and birth date; or -Passport
with visa; or

- Employment contract

Procedures

- Accomplish BIR Form 1904 and submit the same, together with the required attachments to the
RDO having jurisdiction over the place of residence of the applicant.

Deadline

Application for registration shall be accomplished and filed before filing a return, statement or
declaration as required in the Tax Code and payment of any tax due

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CORPORATIONS/PARTNERSHIPS (Including Government-Owned and -Controlled Corporations)


(Taxable /Non-Taxable)

Tax Form
BIR Form 1903 - Application for Registration for Corporations/ Partnerships (Taxable/Non-Taxable)

Documentary Requirements

For Corporations/Partnerships

› Photocopy of SEC Certificate of Incorporation; or

› Photocopy Certificate of Recording (in case of partnership); or

› Photocopy of License to Do Business in the Philippines (in case of foreign corporation);

› Articles of Incorporation; or

› Articles of Partnerships

› Photocopy of Mayor’s Business Permit; or

› Duly received Application for Mayor’s Business Permit, if the former is still in process with the
LGU;

› New sets of permanently bound books of accounts;

› Proof of Payment of Annual Registration Fee (ARF)(not applicable to those exempt from the
imposition of ARF);

› BIR Form No. 1906;

› Final & clear sample of Principal Receipts/ Invoices;

Other documents for submission only if applicable:


› Board Resolution indicating the name of the authorized representative and Secretary’s Certificate, in case of authorized representative who will transact with
the Bureau;

› Franchise Documents (e.g. Certificate of Public Convenience) (for Common Carrier);

› Memorandum of Agreement (for JOINT VENTURE)

› Franchise Agreement;

› Certificate of Authority, if Barangay Micro Business Enterprises (BMBE) registered entity;

› Proof of Registration/Permit to Operate with BOI, BOI-ARMM, SBMA, BCDA, PEZA

For Cooperatives

› Copy of Cooperative Development Authority (CDA) Certificate of Registration and Articles of


Cooperation;

For GAIs, GOCCs and LGUs

› Copy of the Unit or Agency's Charter

For Home Owner's Association

› Copy of Certificate of Registration issued by Housing and Land Use Regulatory Board (HLURB)
and Articles of Association;

In the case of registration of branch/facility type:


a) Copy of the COR of the Head office for facility type to be used by the Head office and COR of
the branch for facility types to be used by a particular branch;

b) Mayor’s Permit or duly received Application for Mayor’s Business Permit, if the former is not yet
available; and

c) Contract of Lease, if applicable.

Procedures

a) Accomplish BIR Form 1903 and 1906 and submit the same together with the documentary
requirements with the New Business Registrant Counter of the RDO having jurisdiction over the
place where the head office and branch, respectively.

b) Pay the following at the New Business Registrant Counter in the BIR Office.

(i) Annual Registration Fee (P500.00);

(ii) Documentary Stamp Tax (if applicable)

(iii) BIR Printed Receipt/Invoice (if opted to buy for use)

c) The RDO shall then issue the Certificate of Registration (Form 2303) together with the “Ask for
Receipt” notice, Authority to Print, BIR Printed Receipt/Invoice (if applicable) and eReceipt as
proof of payment.

Note: Taxpayer may attend the scheduled initial briefing for new business registrants to be
conducted by the concerned RDO in order to apprise them of their rights and
duties/responsibilities.
Deadline

› Corporations and their branches shall accomplish and file the application on or before the
commencement of business, it shall be reckoned from the day when the first sale transaction
occured or within thirty (30) calendar days from the issuance of Mayor's Permit/PTR by LGU, or
Certificate of Registration issued by the Securities and Exchange Commission (SEC), whichever
comes earlier

› In the case of corporations (Taxable or Non-taxable) where documentary stamp tax (DST) is
required to be paid within five (5) days after the close of the month, BIR Registration shall be done
on or before payment of DST due

› Partnerships, Associations, Cooperatives, Government Agencies and Instrumentalities (GAIs)


shall accomplish and file the application before or upon filing of any applicable tax return,
statement or declaration as required by the Code, as amended

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GOVERNMENT AGENCIES AND INSTRUMENTALITIES

Tax Form

BIR Form 1903 - Application for Registration for Corporations/Partnerships (Taxable/Non-Taxable),


including GAIs and LGUs

Documentary Requirements

Unit or Agency’s Charter


Procedures

Accomplish BIR Form 1903 and submit the same, together with the required attachments, to the
Revenue District Office having jurisdiction over the registered address of the government
agencies and instrumentalities.

Deadline

Application for registration shall be accomplished and filed before filing a return, statement or
declaration as required in the Tax Code and payment any tax due

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LOCAL GOVERNMENT UNITS

Tax Form

BIR Form 1903 - Application for Registration for Corporations/Partnerships (Taxable/Non Taxable),
including GAIs and LGUs

Documentary Requirements

Unit or Agency’s Charter

Procedures

- Accomplish BIR Form 1903 and submit the same, together with the required attachments, to the
Revenue District Office having jurisdiction over the registered address of the government
agencies and instrumentalities or local government units.
Deadline

Application for registration shall be accomplished and filed before filing a return, statement or
declaration as required in the Tax Code and payment of any tax due

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ONE TIME TAXPAYERS (With No Previously Issued TIN)

1. PAYOR OF CAPITAL GAINS TAX INVOLVING SHARES OF STOCKS

Tax Form

BIR Form 1904 - Application for Registration of One Time Taxpayer And Persons Registering Under
EO 98 (securing a TIN to be able to transact with any government office)

Documentary Requirements

- Birth Certificate or any valid identification card that will show the applicant's complete name,
address, birth date and signature, such as but not limited to:

1. Driver's License;

2. Integrated Bar of the Philippines (IBP) identification card;

3. Professional Regulation Commission (PRC) identification card; and/or

4.Passport (also in cae of non-resident alien not engage in trade or business)


- Marriage Contract, if the applicant is a married woman

-Deed of Sale

Procedures

- Accomplish BIR Form 1904 and submit the same, together with the required attachments, to the
Revenue District Office having jurisdiction over the registered address of the seller / transferror.

Deadline

Application shall be accomplished and filed before filing a return, statement or declaration as
required in the Tax Code and payment of any tax due.

2. PAYOR OF FINAL CAPITAL GAINS TAX INVOLVING REAL PROPERTIES

Tax Form

BIR Form 1904 - Application for Registration of One Time Taxpayer And Persons Registering Under
EO 98 (securing a TIN to be able to transact with any government office)

Documentary Requirements

- Birth Certificate or any valid identification card that will show the applicant's complete name,
address, birth date and signature, such as but not limited to:

1.  Driver's License;

2.  Integrated Bar of the Philippines (IBP) identification card;


3.  Professional Regulation Commission (PRC) identification card; and/or

4.  Passport (also in cae of non-resident alien not engage in trade or business)

- Marriage Contract, if the applicant is a married woman

- Deed of Sale

Procedures

Accomplish BIR Form 1904 and submit the same, together with the required attachments, to the
Revenue District Office having jurisdiction over the location of the property.

Deadline

Application shall be accomplished and filed before filing a return, statement or declaration as
required in the Tax Code and payment of any tax due.

3. PAYOR OF DONOR’s TAX FOR RESIDENT OF THE PHILIPPINES

Tax Form

BIR Form 1904 - Application for Registration of One Time Taxpayer and Persons Registering Under
EO 98 (securing a TIN to be able to transact with any government office)

Documentary Requirements

- Birth Certificate or any valid identification card that will show the applicant's complete name,
address, birth date and signature, such as but not limited to:
1.  Driver's License;

2.  Integrated Bar of the Philippines (IBP) identification card;

3.  Professional Regulation Commission (PRC) identification card; and/or

4.  Passport (also in cae of non-resident alien not engage in trade or business)

- Marriage Contract, if the applicant is a married

- Deed of Donation

Procedures

If Donation Is Real Property

- Accomplish BIR Form 1904 and submit the same, together with the required attachments, to the
Revenue District Office having jurisdiction over the place of domicile of the donor at the time of
donation.

If Donation Is Personal Property

- Accomplish BIR Form 1904 and submit the same, together with the required attachments, to the
Revenue District Office having jurisdiction over the address/domicile of the donor at the time of
donation.

Deadline

Application for registration shall be accomplished and filed before filing a return, statement or
declaration as required in the Tax Code and payment of any tax due.
4. PAYOR OF DONOR’s TAX FOR NON-RESIDENT OF THE PHILIPPINES

Tax Form

BIR Form 1904 - Application for Registration of One Time Taxpayer And Persons Registering Under
EO 98 (securing a TIN to be able to transact with any government office)

Documentary Requirements

- Birth Certificate or any valid identification card that will show the applicant's complete name,
address, birth date and signature, such as but not limited to:

1.  Driver's License;

2.  Integrated Bar of the Philippines (IBP) identification card;

3.  Professional Regulation Commission (PRC) identification card; and/or

4.  Passport (also in cae of non-resident alien not engage in trade or business)

- Marriage Contract, if the applicant is a married woman

- Deed of Donation

Procedures

If Donation Is Real Property

- Accomplish BIR Form 1904 and submit the same, together with the required attachments, to the
Revenue District Office No. 39 – South Quezon City.
If Donation Is Personal Property

- Accomplish BIR Form 1904 and submit the same, together with the required attachments, at
RDO 39 – South Quezon City.

Deadline

Application for registration shall be accomplished and filed before filing a return, statement or
declaration as required in the Tax Code and payment of any tax due.

5. PAYOR OF ESTATE TAX - Decedent with legal residence in the Philippines at the time of death

Tax Form

BIR Form 1904 - Application for Registration of One Time Taxpayer And Persons Registering Under
EO 98 (securing a TIN to be able to transact with any government office)

Documentary Requirements

- Birth Certificate or any valid identification card that will show the applicant's complete name,
address, birth date and signature, such as but not limited to:

1.  Driver's License;

2.  Integrated Bar of the Philippines (IBP) identification card;

3.  Professional Regulation Commission (PRC) identification card; and/or

4.  Passport (also in cae of non-resident alien not engage in trade or business)


- Marriage Contract, if the applicant is a married woman.

- Death certificate of decedent

Procedures

- Accomplish BIR Form 1904 and submit the same, together with the required attachments, to the
Revenue District Office having jurisdiction over the domicile/permanent residence of the decedent
at the time of death.

Deadline

- Application for registration shall be accomplished and filed before filing a return, statement or
declaration as required in the Tax Code and payment of any tax due.

6. PAYOR OF ESTATE TAX – Non-Resident Decedent Without Administrator in the Philippines

Tax Form

BIR Form 1904 - Application for Registration of One Time Taxpayer And Persons Registering Under
EO 98 (securing a TIN to be able to transact with any government office)

Documentary Requirements

- Birth Certificate or any valid identification card that will show the applicant's complete name,
address, birth date and signature, such as but not limited to:

1.  Driver's License;

2.  Integrated Bar of the Philippines (IBP) identification card;


3.  Professional Regulation Commission (PRC) identification card; and/or

4.  Passport (also in cae of non-resident alien not engage in trade or business)

- Marriage Contract, if the applicant is a married woman.

- Death certificate of decedent

Procedures

Accomplish BIR Form 1904 and submit the same, together with the required attachments, at RDO
39 – South Quezon City.

Deadline

Application for registration shall be accomplished and filed before filing a return, statement or
declaration as required in the Tax Code and payment of any tax due.

7. PAYOR OF ESTATE TAX – Non - Resident Decedent With Administrator in the Philippines

Tax Form

BIR Form 1904 - Application for Registration of One Time Taxpayer And Persons Registering Under
EO 98 (securing a TIN to be able to transact with any government office)

Documentary Requirements

- Death certificate of decedent


- Birth Certificate or any valid identification card that will show the applicant's complete name
(Philippine Administrator), address, birth date and signature, such as but not limited to:

1. Driver's License;

2. Integrated Bar of the Philippines (IBP) identification card;

3. Professional Regulation Commission (PRC) identification card; and/or

4. Passport (also in cae of non-resident alien not engage in trade or business)

- Marriage Contract, if the applicant is a married woman

Procedures

- Accomplish BIR Form 1904 and submit the same, together with the required attachments, to the
Revenue District Office having jurisdiction over the place where administrator is registered or in
the absence of registration, in the place of residence of the administrator.

Deadline

- Application for registration shall be accomplished and filed before filing a return, statement or
declaration as required in the Tax Code and payment of any tax due.

8. PAYOR OF FINAL TAX ON WINNINGS

Tax Form

BIR Form 1904 - Application for Registration of One Time Taxpayer And Persons Registering Under
EO 98 (securing a TIN to be able to transact with any government office)
Documentary Requirements

- Birth Certificate or any valid identification card that will show the applicant's complete name
(Philippine Administrator), address, birth date and signature, such as but not limited to:

1. Driver's License;

2. Integrated Bar of the Philippines (IBP) identification card;

3. Professional Regulation Commission (PRC) identification card; and/or

4. Passport (also in cae of non-resident alien not engage in trade or business)

- Marriage Contract, if the applicant is a married woman

- Certification from awarding company/person

Procedures

- Accomplish BIR Form 1904 and submit the same, together with the required attachments, to the
Revenue District Office having jurisdiction over residence of the applicant.

Deadline

- Application for registration shall be accomplished and filed before filing a return, statement or
declaration as required in the Tax Code and payment of any tax due

9. VEHICLE REGISTRANT

Tax Form
BIR Form 1904 - Application for Registration of One Time Taxpayer And Persons Registering Under
EO 98 (securing a TIN to be able to transact with any government office)

Documentary Requirements

- Birth Certificate or any valid identification card that will show the applicant's complete name
(Philippine Administrator), address, birth date and signature, such as but not limited to:

1. Driver's License;

2. Integrated Bar of the Philippines (IBP) identification card;

3. Professional Regulation Commission (PRC) identification card; and/or

4. Passport (also in cae of non-resident alien not engage in trade or business)

- Marriage Contract, if the applicant is a married woman

- Deed of Sale or COR with LTO, in the case of a sale of second-hand vehicle

- Cash Invoice or Official Receipt for brand new vehicles in case of claim of winnings involving
personal properties subject to registration

Procedures

- Accomplish BIR Form 1904 and submit the same, together with the required attachments, to the
Revenue District Office having jurisdiction over the registered address of the applicant.

Deadlines
- Application shall be accomplished and filed before transacting with any government agencies or
instrumentalities.

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PERSONS REGISTERING UNDER E.O. 98 (securing a TIN to be able to transact with any
government office, e.g. LTO, NBI, DFA, etc.)

Tax Form

BIR Form 1904 - Application for Registration for One-Time Taxpayer and Persons Registering
under E.O. 98 (Securing a TIN to be able to transact with any Government Office)

Documentary Requirements

› Individual

1) Any identification issued by an authorized government body (e.g. Birth Certificate, passport,
driver’s license, Community Tax Certificate) that shows the name, address and birthdate of the
applicant;;

2) Passport (in case of non-resident alien not engaged in trade or business);

3) Marriage Contract, if the applicant is a married woman;

› Non-Individual

› Document to support transaction between a non-resident foreign corporation and the withholding
agent(e.g. bank certification, invoice, contract, etc.).
Procedures

Accomplish BIR Form 1904 and submit the same together with the documentary requirements to
the RDO having jurisdiction over the residence of the applicant.

Deadlines

› Application shall be accomplished and filed before transacting with any government agencies or
instrumentalities.

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FREQUENTLY ASKED QUESTIONS

1) Who are required to register with the BIR?

Every person subject to any internal revenue tax shall register once with the appropriate Revenue
District Officer:

1. Within ten (10) days from the date of employment, or


2. On or before the commencement of business, or
3. Before payment of any tax due, or
4. Upon filing of a return, statement or declaration as required in the NIRC.
5. Death of individual;
6. Full settlement of the tax liabilities of the estate;
7. Discovery of a taxpayer having multiple TINs; and
8. Dissolution, merger or consolidation of juridical person.

2) Are non-resident aliens and non-resident foreign corporations receiving income from sources
within the Philippines required to register with the BIR?

Yes, Non-Resident Aliens Not Engaged in Trade or Business (NRANETB) or Non-Resident Foreign
Corporations (NRFC) shall be issued TINs for purposes of withholding taxes on their income from
sources within the Philippines. The withholding agent shall apply for the TIN in behalf of the
NRANETB or NRFC prior to or at the time of the filing of their monthly withholding tax return as
applicant under EO 98, series of 1998 (Sec.4.1v of RR 7-2012).

3) If the taxpayer is engaged in VATable activity, but the gross sales or receipts from business or
practice of profession is P 3,000,000.00 or below, is he required to register?

Yes, he is required to register as a Non-VAT taxpayer. However, if his gross sales or receipts is
more than P 100,000.00 but does not exceed P 3,000,000.00, he has the option to register as VAT
taxpayer. In the case of marginal income earners with gross sales or receipts of P 100,000 and
below, they have no other option but to register as non-VAT taxpayer.

4) Are taxpayers required to register their business annually?

No, taxpayers are required to register only once before commencing their business. However,
they are required to pay the registration fee of P 500.00 annually.

5) When is the taxpayer required to apply for registration and pay the registration fee?

New taxpayers shall apply for registration and pay the registration fee before commencing their
business. Thereafter, taxpayers should pay the annual registration fee not later than January 31
every year.
6) Where should a taxpayer register?

All taxpayers are required to register with the RDO having jurisdiction over the head office, branch
office, place of production or storage place where inventory of goods for sale or use in business
are kept.

7) Are branches, storage places and places of production also required to pay the Annual
Registration Fee (ARF) of P 500.00?

Each branch is required to pay the ARF of P 500.00. However, storage and production places are
liable to the ARF only when sales operations are conducted thereat.

8) Who are required to register without paying the ARF?

a) Cooperatives duly registered with the CDA;

b) Individual residents earning purely compensation income

c) OCWs/OFWs;

d) Marginal Income Earners;

e) GAIs, in the discharge of their governmental functions;

f) LGUs, in the discharge of their governmental functions;

g) Tax exempt corporations such as those enumerated under Section 30 of the Code, as amended,
in pursuance of tax-exempt activities;

h) Non-stock/non-profit organizations not engaged in business;


i) Persons subject to tax under one-time transactions;

j) Persons registered under EO 98, series of 1998; and

k) Facility/ies where no sales transactions occur.

9) Are taxpayers transferring business address within the year either within the same district or
to another district required to pay another registration fee of P 500.00?

No, since the ARF is payable annually, they are no longer required to pay the registration fee to
the new district office, provided the P 500.00 was already paid.

10) After complying with all the requirements for registration, what document will be issued to the
taxpayer as proof of registration?

Certificate of Registration (BIR Form 2303) for newly registered taxpayer and validated Payment
Form (BIR Form 0605) for every renewal.

However, Employees, ONETT taxpayers, and/or persons who have secured a TIN under EO 98,
series of 1998 with the BIR shall not be issued a COR.

11) When will the Certificate of Registration (COR) be issued to the taxpayer?

The COR (BIR Form 2303) shall be issued within the period/time prescribed under the existing “BIR
Citizens Charter” together with the approved Authority to Print and Registered books of accounts.

12) Who will issue the COR?

The RDO having jurisdiction of the head office or branch shall issue the COR.
13) How many COR (BIR Form 2303) shall be issued by the Revenue District Office?

For every Application for Registration, there shall be a corresponding COR to be issued to the
head office and each branch being registered.

14) What will the taxpayer do with the COR and the Proof of Payment of ARF?

The original copy of COR and the duly validated BIR Form 0605 as proof of payment of ARF are
required to be displayed in any conspicuous place in the head office and branch office.

15) What are the instances when a taxpayer can apply for cancellation of his registration?

The TIN/Registration cancellation shall take place upon:

All taxpayers who filed for cancellation of registration due to closure/cessation or termination of
business, except for branches, shall be subjected to immediate investigation by the BIR office
concerned to determine the taxpayer’s tax liabilities.

16) Is there a particular form prescribed for Application for Cancellation of Registration?

Yes, BIR Form 1905 (Application for Registration Information Update).

17) Where shall the Application for Registration Information Update be filed?

It shall be filed with the RDO who issued the COR. For VAT taxpayer, he shall further notify the
RDO where the Home Office is registered.

18) If a taxpayer is in doubt of his status as VAT taxpayer, what is he supposed to do?

Go to the RDO who has jurisdiction over his place of business and seek assistance.
RELATED REVENUE ISSUANCES

RR No. 13-93, RR No. 2-96, RR No. 11-99, RR No. 11-2000, RR No. 3-2003, RR No.12-2003 and RR.
No. 7-2012, RR No. 8-2018, RR No. 13-2018

RMO No. 22-91, RMO No. 23-91, RMO No. 41-94, RMO No. 48-94, RMO No. 54-97, RMO No. 54-98,
RMO No. 82-99, RMO No. 11-2000 and RMO No. 10-2002

RMC No. 58-91, RMC No. 39-95 and RMC No. 6-2003

Description

Estate Tax is a tax on the right of the deceased person to transmit his/her estate to his/her lawful
heirs and beneficiaries at the time of death and on certain transfers, which are made by law as
equivalent to testamentary disposition. It is not a tax on property. It is a tax imposed on the
privilege of transmitting property upon the death of the owner. The Estate Tax is based on the
laws in force at the time of death notwithstanding the postponement of the actual possession or
enjoyment of the estate by the beneficiary.

[return to index]

Tax Form

BIR Form 1801 - Estate Tax Return


Guidelines
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Documentary Requirements

Mandatory Requirements [additional two (2) photocopies of each document]:

1. Certified true copy of the Death Certificate;


2. Taxpayer Identification Number (TIN) of decedent and heir/s;
3. Notice of Death (only for death prior to January 1, 2018) duly received by the BIR, if gross
taxable estate exceeds P20,000 for deaths occurring on January 1, 1998 up to December 31,
2017; or if the gross taxable estate exceeds P3,000 for deaths occurring prior to January 1,
1998;
4. Any of the following: a) Affidavit of Self Adjudication; b) Deed of Extra-Judicial Settlement of
the Estate, if the estate has been settled extra-judicially; c) Court order if settled judicially;
d) Sworn Declaration of all properties of the Estate;
5. A certified copy of the schedule of partition and the order of the court approving the same
within thirty (30) days after the promulgation of such order, in case of judicial settlement;
6. Proof of Claimed Tax Credit, if applicable;
7. Certified Public Accountant (CPA) Statement on the itemized assets of the decedent,
itemized deductions from gross estate and the amount due if the gross value of the estate
exceeds five million pesos (Php5,000,000.00) for decedent’s death on or after January 1,
2018 or two million pesos (Php2,000,000.00) for decedent’s death from January 1, 1998 to
December 31, 2017;
8. Certification of the Barangay Captain for the claimed Family Home (If the family home is
conjugal property and does not exceed Php10 Million, the allowable deduction is one-half
(1/2) of the amount only);
9. Duly Notarized Promissory Note for "Claims Against the Estate" arising from Contract of
Loan;
10. Accounting of the proceeds of loan contracted within three (3) years prior to death of
the decedent;
11. Proof of the claimed "Property Previously Taxed";
12. Proof of the claimed "Transfer for Public Use";
13. Copy of Tax Debit Memo used as payment, if applicable;

For Real Properties, if any [additional two (2) photocopies of each document]:

1. Certified true copy/ies of the Transfer/Original/Condominium Certificate/s of Title of real


property/ies (front and back pages), if applicable;
2. Certified true copy of the Tax Declaration of real properties at the time of death, if
applicable;
3. Certificate of No Improvement issued by the Assessor's Office where declared properties
have no improvement

For Personal Properties, if any [additional two (2) photocopies of each document]:

1. Certificate of Deposit/Investment/Indebtedness owned by the decedent and the surviving


spouse, if applicable;
2. Photocopy of Certificate of Registration of vehicles and other proofs showing the correct
value of the same, if applicable;
3. Proof of valuation of shares of stock at the time of death, if applicable;

1. For shares of stocks not listed/not traded - Latest Audited Financial Statement of the issuing
corporation with computation of the book value per share 
2. For shares of stocks listed/traded - Price index from the Philippine Stock Exchange (PSE) /latest
Fair Market Value (FMV) published in the newspaper at the time of transaction
3. For club shares - Price published in newspapers on the transaction date or nearest to the
transaction date

4. Photocopy of Certificate of stocks, if applicable;


5. Proof of valuation of other types of personal property, if applicable;

Other Additional Requirements, if applicable:

 Special Power of Attorney (SPA), if the person transacting/processing the transfer is not a
party to the transaction and/or Sworn Statement if one of the heirs is designated as
executor/administrator;
 Certification from the Philippine Consulate if document is executed abroad
 Location Plan/Vicinity map issued by the Local Assessor’s Office if zonal value cannot be
readily determined from the documents submitted
 Certificate of Exemption/BIR Ruling issued by the Commissioner of Internal Revenue or his
authorized representative, if tax exempt
 BIR-approved request for installment payment of Estate tax due
 BIR-approved request for partial disposition of Estate
 Such other documents as may be required by law/rulings/regulations/etc.

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Tax Rates

(The rate applicable shall be based on the law prevailing at the time of decedent’s death)

 Effective January 1, 2018 to present [Republic Act (RA) No. 10963]


There shall be an imposed rate of six percent (6%) based on the value of such NET ESTATE
determined as of the time of death of decedent composed of all properties, real or personal,
tangible or intangible less allowable deductions.

 Effective January 1, 1998 up to December 31, 2017 (RA No. 8424)

If the Net Estate is

Over But not Over The Tax Shall be Plus


  P   200,000.00 Exempt    
P   200,000.00      500,000.00 0 5% P   200,00
     500,000.00   2,000,000.00 P   15,000.00 8%      500,0
  2,000,000.00   5,000,000.00    135,000.00 11%   2,000,000
  5,000,000.00 10,000,000.00    465,000.00 15%   5,000,000
10,000,000.00   1,215,000.00 20% 10,000,000
 Effective July 28, 1992 up to December 31, 1997 (Section 77 of the NIRC, as amended (RA
No. 7499)

If the Net Estate is

Over But not Over The Tax Shall be Plus


  P   200,000.00 Exempt    
P  200,000.00      500,000.00   5% P   200,00
    500,000.00   2,000,000.00 P   15,000.00 8%      500,0
 2,000,000.00   5,000,000.00    135,000.00 12%   2,000,000
 5,000,000.00 10,000,000.00    495,000.00 21%   5,000,000
10,000,000.00   1,545,000.00 35% 10,000,000
 Effective January 1, 1973 to July 27, 1992 (Section 85 of the NIRC, as amended (Presidential
Decree No. 69)

If the Net Estate is


Over But not Over The Tax Shall be Plus
  P   10,000.00 Exempt - -
P   10,000.00      50,000.00 3% - P   10,000
     50,000.00      75,000.00 P     1,200.00 4%      50,00
     75,000.00    100,000.00        2,200.00 5%      75,00
   100,000.00    150,000.00        3,450.00 10%    100,000
   150,000.00    200,000.00        8,450.00 15%    150,000
   200,000.00    300,000.00      15,950.00 20%    200,000
   300,000.00    400,000.00      35,950.00 25%    300,000
   400,000.00    500,000.00      60,950.00 30%    400,000
   500,000.00    625,000.00      90,950.00 35%    500,000
   625,000.00    750,000.00    134,700.00 40%    625,000
   750,000.00    875,000.00    184,700.00 45%    750,000
   875,000.00 1,000,000.00    240,950.00 50%    875,000
1,000,000.00 2,000,000.00    303,450.00 53% 1,000,000.0
2,000,000.00 3,000,000.00    833,450.00 56% 2,000,000.0
3,000,000.00 - 1,393,450.00 60% 3,000,000.0
 Effective September 15, 1950 to December 31, 1972 (Section 85 of the NIRC, as amended
(RA No. 579)

Estate and Inheritance Tax

If the Net Estate is

Over But not Over ESTATE


0        5,000.00 Exempt Exempt
       5,000.00      12,000.00 1.00% 2%
     12,000.00      30,000.00 2.00% 4%
     30,000.00      50,000.00 2.50% 6%
     50,000.00      70,000.00 3.00% 8%
     70,000.00    100,000.00 5.00% 12%
   100,000.00    150,000.00 7.00% 14%
   150,000.00    250,000.00 9.00% 16%
   250,000.00    500,000.00 11.00% 18%
   500,000.00 1,000,000.00 13% 20%
1,000,000.00   15% 22%
 Effective July 1, 1939 to September 14, 1950 (Section 85 of the NIRC, as amended
(Commonwealth Act No. 466)

Estate and Inheritance Tax

If the Net Estate is

Over But not Over ESTATE


0 3000 Exempt
1.00%
       3,000.00      10,000.00 1.00%
     10,000.00      30,000.00 1.50% 2.00%
     30,000.00      50,000.00 2.00% 3.00%
     50,000.00      80,000.00 2.50% 4.00%
     80,000.00    110,000.00 3.00% 5.00%
   110,000.00    150,000.00 3.50% 6.00%
   150,000.00    190,000.00 4.00% 7.00%
   190,000.00    240,000.00 4.50% 8.00%
   240,000.00    290,000.00 5.00% 9.00%
   290,000.00    350,000.00 5.50% 10.00%
   350,000.00    420,000.00 6.00% 11.00%
   420,000.00    500,000.00 6.50% 12.00%
   500,000.00    600,000.00 7.00% 13.00%
   600,000.00    720,000.00 7.50% 14.00%
   720,000.00    850,000.00 8.00% 15.00%
   850,000.00 1,000,000.00 8.50% 16.00%
1,000,000.00 1,200,000.00 9.00% 17.00%
1,200,000.00 1,500,000.00 9.50% 17.00%
1,500,000.00   10.00% 17.00%
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Procedures

 Who Shall File

The Estate Tax Return (BIR Form 1801) shall be filed in triplicate by:

1. The executor, or administrator, or any of the legal heir/s of the decedent, whether resident or
non-resident of the Philippines, under any of the following situations:

a. In all cases of transfers subject to estate tax;


b. Regardless of the gross value of the estate, where the said estate consists of registered or
registrable property such as real property, motor vehicle, shares of stock or other similar property
for which a clearance from the BIR is required as a condition precedent for the transfer of
ownership thereof in the name of the transferee; or

2. If there is no executor or administrator appointed, qualified, and acting within the Philippines,
then any person in actual or constructive possession of any property of the decedent.

Taxpayers who are filing BIR Form 1801 are excluded in the mandatory coverage from using the
eBlRForms (Section 2 of RR No. 9-2016)

 When and Where to File and Pay

The Estate Tax Return (BIR Form 1801) shall be filed within one (1) year from the decedent's
death.  In meritorious cases, the Commissioner shall have the authority to grant a reasonable
extension not exceeding thirty (30) days for filing the return.
The return shall be filed with any Authorized Agent Bank (AAB) of the Revenue District Office
(RDO) having jurisdiction over the place of domicile of the decedent at the time of his death. If the
decedent has no legal residence in the Philippines, the return shall be filed with the Office of the
Commissioner (RDO No. 39, South Quezon City).

In case of a non-resident decedent with executor or administrator in the Philippines, the return
shall be filed with the AAB of the RDO where such executor/administrator is registered or is
domiciled, if not yet registered with the BIR.

When the return is filed with an AAB, taxpayer must accomplish and submit BIR-prescribed
deposit slip, which the bank teller shall machine validate as evidence that payment was received
by the AAB. The AAB receiving the tax return shall stamp mark the word “Received’’ on the return
and also machine validate the return as proof of filing the return and payment of the tax by the
taxpayer, respectively. The machine validation shall reflect the date of payment, amount paid and
transaction code, the name of the bank, branch code, teller’s code and teller’s initial. Bank debit
memo number and date should be indicated in the return for taxpayers paying under the bank
debit system.

Payments may also be made thru the epayment channels of AABs thru either their online facility,
credit/debit/prepaid cards, and mobile payments.

In case the available cash of the estate is insufficient to pay the total estate tax due, payment by
installment shall be allowed within two (2) years from the statutory date for its payment without
civil penalty and interest upon approved by the concerned BIR Official.

The due date on filing and payment of the return/tax shall depend on the applicable law at the
time of the decedent’s death.

 Extension to File and Pay


When the Commissioner of Internal Revenue finds that the payment on the due date of the estate
tax or of any part thereof would impose undue hardship upon the estate or any of the heirs, he
may extend the time for payment of such tax or any part thereof not to exceed five (5) years, in
case the estate is settled through the courts, or two (2) years in case the estate is settled extra-
judicially. In such case, the amount in respect of which the extension is granted shall be paid on
or before the date of the expiration of the period of the extension, and the running of the Statute
of Limitations for assessment as provided in Section 203 of the National Internal Revenue Code
shall be suspended for the period of any such extension.

Where the taxes are assessed by reason of negligence, intentional disregard of rules and
regulations, or fraud on the part of the taxpayer, no extension will be granted by the
Commissioner.

If an extension is granted, the Commissioner of Internal Revenue or his duly authorized


representative may require the executor, or administrator, or beneficiary, as the case may be, to
furnish a bond in such amount, not exceeding double the amount of tax and with such sureties as
the Commissioner deems necessary, conditioned upon the payment of the said tax in accordance
in the terms of extension.

The application for extension of time to file the estate tax return must be filed with the Revenue
District Officer (RDO) where the estate is required to secure its Taxpayer Identification Number
(TIN) and file the tax returns of the estate. The application shall be approved by the Commissioner
or his duly authorized representative.

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Related Revenue Issuances

Revenue Regulations (RR) Nos. 2-2003, 6-2013, 6-2014; 12-2018


Revenue Memorandum Order (RMO) Nos. 26-82, 31-82, 15-2003; 35-2018
Revenue Memorandum Circular (RMC) Nos. 1-98, 34-2013
OPM-AS-APMD 2017-06-06
OPM-AS-APMD 2017-06-01

Related Laws

Commonwealth Act No. 466 – effective July 1, 1939


Republic Act No. 579 – effective September 15, 1950
Republic Act No. 6110 – effective August 4, 1969
Presidential Decree No. 69 – effective January 1, 1973
Presidential Decree No. 1773 – effective January 16, 1981
Presidential Decree No. 1994 – effective January 1, 1986
Republic Act No. 7499 – effective July 28, 1992|
Republic Act No. 8424 – effective January 1, 1998
Republic Act No. 10963 – effective January 1, 2018 

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Codal Reference

Sec. 22 to 27 of the Tax Reform Acceleration and Inclusion Act (TRAIN Law)
Sec. 84 to Sec. 97 of the National Internal Revenue Code (NIRC) of 1997
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Frequently Asked Questions

1. What are included in gross estate?

A. For resident alien decedents/citizens:

 Real or immovable property, wherever located


 Tangible personal property, wherever located
 Intangible personal property, wherever located

B. For non-resident decedent/non-citizens:

 Real or immovable property located in the Philippines


 Tangible personal property located in the Philippines
 Intangible personal property - with a situs in the Philippines such as:
 Franchise which must be exercised in the Philippines
 Shares, obligations or bonds issued by corporations organized or constituted in the
Philippines
 Shares, obligations or bonds issued by a foreign corporation 85% of the business of which is
located in the Philippines
 Shares, obligations or bonds issued by a foreign corporation if such shares, obligations or
bonds have acquired a business situs in the Philippines (i.e. they are used in the furtherance
of its business in the Philippines)
 Shares, rights in any partnership, business or industry established in the Philippines
2. What are excluded from gross estate?

 GSIS proceeds/ benefits


 Accruals from SSS
 Proceeds of life insurance where the beneficiary is irrevocably appointed
 Proceeds of life insurance under a group insurance taken by employer (not taken out upon
his life)
 War damage payments
 Transfer by way of bona fide sales
 Transfer of property to the National Government or to any of its political subdivisions
 Separate property of the surviving spouse
 Merger of usufruct in the owner of the naked title
 Properties held in trust by the decedent
 Acquisition and/or transfer expressly declared as not taxable

3. What will be used as basis in the valuation of property?

The properties comprising the gross estate shall be valued based on their fair market value as of
the time of decedent’s death.

If the property is a real property, the appraised value thereof as of the time of death shall be,
whichever is the higher of –

1.  The fair market value as determined by the Commissioner, or


2.  The fair market value as shown in the schedule of values fixed by the provincial and city
assessors.

In the case of shares of stocks, the fair market value shall depend on whether the shares are
listed or unlisted in the stock exchanges. Unlisted common shares are valued based on their book
value while unlisted preferred shares are valued at par value. In determining the book value of
common shares, appraisal surplus shall not be considered as well as the value assigned to
preferred shares, if there are any. On this note, the valuation of unlisted shares shall be exempt
from the provisions of RR No. 6-2013, as amended.

For shares which are listed in the stock exchanges, the fair market value shall be the arithmetic
mean between the highest and lowest quotation at a date nearest the date of death, if none is
available on the date of death itself.

The fair market value of units of participation in any association, recreation or amusement club
(such as golf, polo, or similar clubs), shall be the bid price nearest the date of death published in
any newspaper or publication of general circulation.

To determine the value of the right to usufruct, use or habitation, as well as that of annuity, there
shall be taken into account the probable life of the beneficiary in accordance with the latest basic
standard mortality table, to be approved by the Secretary of Finance, upon recommendation of the
Insurance Commissioner.(Sec. 5, RR No. 12-2018)

4. What are the allowable deductions for Estate Tax Purposes?

(Please note that the allowable deductions will vary depending on the law applicable at the time
of the decedent’s death)

 For dates of deaths occurring January 1, 2018 to present (RA No. 10963/TRAIN Law)

A. For a citizen or resident alien:

1. Standard Deduction — An amount equivalent to Five million pesos (₱5,000,000.00)


2. Claims against the estate -

Requisites for Deductibility of Claims against the Estate –


 The liability represents a personal obligation of the deceased existing at the time of death;
 The liability was contracted in good faith and for adequate and full consideration in money’s
worth;
 The claim must be a debt or claim which is valid in law and enforceable in court; and
 The indebtedness must not have been condoned by the creditor or the action to collect from
the decedent must not have prescribed.

3. Claims of the deceased against insolvent persons where the value of the decedent’s interest
therein is included in the value of the gross estate

4. Unpaid mortgages, taxes and casualty losses

5. Property previously taxed    -   An amount equal to the value specified below of any property
forming part of the gross estate situated in the Philippines of any person who died within five (5)
years prior to the death of the decedent, or transferred to the decedent by gift within five (5) years
prior to his death, where such property can be identified as having been received by the decedent
from the donor by gift, or from such prior decedent by gift, bequest, devise or inheritance, or
which can be identified as having been acquired in exchange for property so received:

“One hundred percent (100%) of the value, if the prior decedent died within one (1) year prior to
the death of the decedent, or if the property was transferred to him by gift, within the same period
prior to his death;

“Eighty percent (80%) of the value, if the prior decedent died more than one (1) year but not more
than two (2) years prior to the death of the decedent, or if the property was transferred to him by
gift within the same period prior to his death;

“Sixty percent (60%) of the value, if the prior decedent died more than two (2) years but not more
than three (3) years prior to the death of the decedent, or if the property was transferred to him by
gift within the same period prior to his death;
“Forty percent (40%) of the value, if the prior decedent died more than three (3) years but not
more than four (4) years prior to the death of the decedent, or if the property was transferred to
him by gift within the same period prior to his death; and

“Twenty percent (20%) of the value, if the prior decedent died more than four (4) years but not
more than five (5) years prior to the death of the decedent, or if the property was transferred to
him by gift within the same period prior to his death.

“These deductions shall be allowed only where a donor’s tax, or estate tax imposed under Title III
of NIRC was finally determined and paid by or on behalf of such donor, or the estate of such prior
decedent, as the case may be, and only in the amount finally determined as the value of such
property in determining the value of the gift, or the gross estate of such prior decedent, and only
to the extent that the value of such property is included in the decedent’s gross estate, and only if
in determining the value of the estate of the prior decedent, no deduction was allowable under
this item in respect of the property or properties given in exchange therefor. Where a deduction
was allowed of any mortgage or other lien in determining the donor’s tax, or the estate tax of the
prior decedent, which was paid in whole or in part prior to the decedent’s death, then the
deduction allowable this item shall be reduced by the amount so paid. Such deduction allowable
shall be reduced by an amount which bears the same ratio to the amounts allowed as deductions
under items (2), (3), (4), and (6) of this Subsection as the amount otherwise deductible under this
item bears to the value of the decedent’s estate. Where the property referred to consists of two or
more items, the aggregate value of such items shall be used for the purpose of computing the
deduction.

6. Transfers for Public Use

7. The Family Home -  An amount equivalent to the current fair market value of the decedent’s
family home: Provided, however, that if the said current fair market value exceeds Ten million
pesos (₱10,000,000.00), the excess shall be subject to estate tax
If the family home is conjugal property and does not exceed ( ₱10,000,000.00), the allowable
deduction is one-half (1/2) of the amount only.

8. Amount Received by Heirs Under Republic Act No. 4917

Any amount received by the heirs from the decedent’s employer as a consequence of the death of
the decedent-employee in accordance with Republic Act No. 4917: Provided, that such amount is
included in the gross estate of the decedent.

9. Net share of the surviving spouse in the conjugal partnership or community property

B. For a non-resident alien:

1. Standard Deduction – An amount equivalent to Five hundred thousand pesos ( ₱500,000)  

2. Losses and indebtedness - 

2.1. Claims against the estate


2.2. Claims of the deceased against insolvent persons where the value of the decedent’s interest
therein is included in the value of the gross estate
2.3. Unpaid mortgages, taxes and casualty losses

3. Property previously taxed

4. Transfers for Public Use

5. Net share of the surviving spouse in the conjugal partnership or community property

 
 For deaths occurring January 1, 1998 to December 31, 2017 (RA No. 8424/NIRC of 1997)

A. For a citizen or resident alien:

1. Expenses, Losses, Indebtedness, and Taxes:

1. Actual funeral expenses (whether paid or unpaid) up to the time of interment, or an amount
equal to five percent (5%) of the gross estate, whichever is lower, but in no case to exceed
P200,000.
2. Judicial expenses of the testamentary or intestate proceedings.
3. Claims against the estate.
4. Claims of the deceased against insolvent persons where the value of the decedent’s interest
therein is included in the value of the gross estate; and,
5. Unpaid mortgages, taxes and casualty losses

2.  Property previously taxed (Vanishing Deduction) (Section 86 (2) of the NIRC as amended by RA
No. 8424) - An amount equal to the value specified below of any property forming a part of the
gross estate situated in the Philippines of any person who died within five (5) years prior to the
death of the decedent, or transferred to the decedent by gift within five (5) years prior to his
death, where such property can be identified as having been received by the decedent from the
donor by gift, or from such prior decedent by gift, bequest, devise or inheritance, or which can be
identified as having been acquired in exchange for property so received:

One hundred percent (100%) of the value, if the prior decedent died within one (1) year prior to the
death of the decedent, or if the property was transferred to him by gift within the same period
prior to his death;

Eighty percent (80%) of the value, if the prior decedent died more than one (1) year but not more
than two (2) years prior to the death of the decedent, or if the property was transferred to him by
gift within the same period prior to his death;
Sixty percent (60%) of the value, if the prior decedent died more than two (2) years but not more
than three (3) years prior to the death of the decedent, or if the property was transferred to him by
gift within the same period prior to his death;

Forty percent (40%) of the value, if the prior decedent died more than three (3) years but not more
than four (4) years prior to the death of the decedent, or if the property was transferred to him by
gift within the same period prior to his death; and

Twenty percent (20%) of the value, if the prior decedent died more than four (4) years but not
more than five (5) years prior to the death of the decedent, or if the property was transferred to
him by gift within the same period prior to his death;

These deductions shall be allowed only where a donor’s tax or estate tax imposed was finally
determined and paid by or on behalf of such donor, or the estate of such prior decedent, as the
case may be, and only in the amount finally determined as the value of such property in
determining the value of the gift, or the gross estate of such prior decedent, and only to the
extent that the value of such property is included in the decedent’s gross estate, and only if in
determining the value of the estate of the prior decedent, no Property Previously Taxed or
Vanishing Deduction was allowable in respect of the property or properties given in exchange
therefor. (Section 6 & 7 of RR No. 2-2003)

3.  Transfers for public use

4.  The family home - fair market value but not to exceed P1,000,000.00

The family home refers to the dwelling house, including the land on which it is situated, where the
husband and wife, or a head of the family, and members of their family reside, as certified to by
the Barangay Captain of the locality. The family home is deemed constituted on the house and lot
from the time it is actually occupied as a family residence and is considered as such for as long
as any of its beneficiaries actually resides therein. (Arts. 152 and 153, Family Code)
5.  Standard deduction – A deduction in the amount of One Million Pesos (P1,000,000.00) shall be
allowed as an additional deduction without need of substantiation.

6. Medical expenses – All medical expenses (cost of medicines, hospital bills, doctor’s fees, etc.)
incurred (whether paid or unpaid) within one (1) year before the death of the decedent shall be
allowed as a deduction provided that the same are duly substantiated with official receipts. For
services rendered by the decedent’s attending physicians, invoices, statements of account duly
certified by the hospital, and such other documents in support thereof and provided, further, that
the total amount thereof, whether paid or unpaid, does not exceed Five Hundred Thousand Pesos
(P500,000).

7. Amount received by heirs under RA No. 4917 - Any amount received by the heirs from the
decedent’s employer as a consequence of the death of the decedent-employee in accordance with
Republic Act No. 4917 is allowed as a deduction provided that the amount of the separation
benefit is included as part of the gross estate of the decedent.

8.  Net share of the surviving spouse in the conjugal partnership or community property

B. For a non-resident alien:

1.  Expenses, losses, indebtedness and taxes

2.  Property previously taxed

3.  Transfers for public use

4.  Net share of the surviving spouse in the conjugal partnership or community property

No deduction shall be allowed in the case of a non-resident decedent not a citizen of the
Philippines, unless the executor, administrator, or anyone of the heirs, as the case may be,
includes in the return required to be filed in the Section 90 of the Code the value at the time of the
decedent’s death of that part of his gross estate not situated in the Philippines.

5. What does the term "Funeral Expenses" include?  

The term "FUNERAL EXPENSES" is not confined to its ordinary or usual meaning. They include:

1. The mourning apparel of the surviving spouse and unmarried minor children of the deceased
bought and used on the occasion of the burial;
2. Expenses for the deceased’s wake, including food and drinks;
3. Publication charges for death notices;
4. Telecommunication expenses incurred in informing relatives of the deceased;
5. Cost of burial plot, tombstones, monument or mausoleum but not their upkeep. In case the
deceased owns a family estate or several burial lots, only the value corresponding to the
plot where he is buried is deductible;
6. Interment and/or cremation fees and charges; and
7. All other expenses incurred for the performance of the rites and ceremonies incident to
interment.

Expenses incurred after the interment, such as for prayers, masses, entertainment, or the like are
not deductible. Any portion of the funeral and burial expenses borne or defrayed by relatives and
friends of the deceased are not deductible. Actual funeral expenses shall mean those which are
actually incurred in connection with the interment or burial of the deceased. The expenses must
be duly supported by official receipts or invoices or other evidence to show that they were
actually incurred. (Sec 6 (A)(1) of RR 2-2003)

6.  What does the term "Judicial Expenses" include?

Expenses allowed as deduction under this category are those incurred in the inventory-taking of
assets comprising the gross estate, their administration, the payment of debts of the estate, as
well as the distribution of the estate among the heirs. In short, these deductible items are
expenses incurred during the settlement of the estate but not beyond the last day prescribed by
law, or the extension thereof, for the filing of the estate tax return. Judicial expenses may
include:

1. Fees of executor or administrator;


2. Attorney’s fees;
3. Court fees;
4. Accountant’s fees;
5. Appraiser’s fees;
6. Clerk hire;
7. Costs of preserving and distributing the estate;
8. Costs of storing or maintaining property of the estate; and
9. Brokerage fees for selling property of the estate.

Any unpaid amount for the aforementioned cost and expenses claimed under “Judicial Expenses”
should be supported by a sworn statement of account issued and signed by the creditor. (Sec 6
(A)(2) of RR 2-2003)
DESCRIPTION

Capital Gains Tax is a tax imposed on the gains presumed to have been realized by the seller from
the sale, exchange, or other disposition of capital assets located in the Philippines, including
pacto de retro sales and other forms of conditional sale.

[return to index]

CAPITAL GAINS TAX FOR ONEROUS TRANSFER OF REAL PROPERTY CLASSIFIED AS CAPITAL
ASSETS (TAXABLE AND EXEMPT)

Tax Form

BIR Form 1706 – Final Capital Gains Tax Return (For Onerous Transfer of Real Property Classified
as Capital Assets -Taxable and Exempt)

Documentary Requirements

Mandatory Requirements [additional two (2) photocopies of each document]:

1. Taxpayer Identification Number (TIN) of Seller/s and Buyer/s;


2. Duly Notarized Original Deed of Absolute Sale/Deed of Transfer;
3. Certified True Copy/ies of the Tax Declaration at the time or nearest to the date of the
transaction issued by the Local Assessor’s Office for land and improvement;
4. Certified True Copy/ies of Original/Transfer/Condominium Certificate/s of Title
(OCT/TCT/CCT);
5. Sworn Declaration of No Improvement by at least one (1) of the transferees or Certificate of
No Improvement issued by the Assessor’s Office, if applicable;
6. Validated return and Original Official Receipt/Deposit Slip as proof of payment; for no
payment return, copy of Acknowledgment Receipt of return filed thru eBlRForms;
7. Acknowledgment receipt of proceeds of sale from the seller;
8. Secretary’s Certificate or Board Resolution, approving the sale/transfer of the real property
and indicating the name and position of the authorized signatory to the Deed of
Sale/Assignment, if the seller/transferor is a corporation;
9. Duly Notarized Original Special Power of Attorney (SPA) from the transacting party/ies if the
person signing is not one of the parties to the Deed of Transfer;

For sales made in prior years [additional two (2) photocopies of each document]

Certified True Copy of Deed of Sale/Assignment/Exchange or certification of notarization issued by


the Clerk of Court of City/Municipality or Regional Trial Court (RTC) or the Office of the Executive
Judge of the City/Municipality where the Notary Public is registered or certification of notarization
from the National Archives Office

Other Additional Requirements, if applicable [additional two (2) photocopies of each document]:

 Duly Notarized Original Special Power of Attorney (SPA), if the person transacting/processing
the transfer is not a party to the transaction
 Certification from the Philippine Consulate if document is executed abroad
 Location Plan/Vicinity map issued by the Local Assessor’s Office if zonal value cannot be
readily determined from the documents submitted
 Certificate of Exemption/BIR Ruling issued by the Commissioner of Internal Revenue or his
authorized representative, if tax exempt
 Such other documents as may be required by law/rulings/regulations/etc.

Procedures
 Who shall file

The Capital Gains Tax Return (BIR Form No. 1706) shall be filed in triplicate copies by the
Seller/Transferor who are natural or juridical whether resident or non-resident, including Estates
and Trusts, who sell, exchange, or dispose of a real property located in the Philippines classified
as capital asset as defined under Sec. 39 (A) (1) of RA No. 8424. The term “sale” includes pacto de
retro sale and other forms of conditional sales. The transaction may be taxable or exempt.

Taxpayers who are filing BIR Form No. 1706 are excluded in the mandatory coverage from using
the eBIRForms (Section 2 of RR No. 9-2016)

 When and Where to File and Pay

The Capital Gains Tax Return (BIR Form No. 1706) shall be filed and paid within thirty (30)
days following the sale, exchange or disposition of real property, with any Authorized Agent Bank
(AAB) or Revenue Collection Officer (RCO) of the Revenue District Office (RDO) having jurisdiction
over the place where the property being transferred is located.

When the return is filed with an AAB, taxpayer must accomplish and submit BIR-prescribed
deposit slip, which the bank teller shall machine validate as evidence that payment was received
by the AAB. The AAB receiving the tax return shall stamp mark the word “Received” on the return
and also machine validate the return as proof of filing the return and payment of the tax by the
taxpayer, respectively. The machine validation shall reflect the date of payment, amount paid and
transactions code, the name of the bank, branch code, teller’s code and teller’s initial. Bank debit
memo number and date should be indicated in the return for taxpayers paying under the bank
debit system.

Filing and payment may also be made using the electronic filing and payment facilities of the BIR
(i.e., EFPS/eBIRForms and G-cash, credit, debit card/prepaid card)
For transactions covered by one (1) Deed of Sale/Exchange/Donation involving one (1) to three (3)
properties, the taxpayer can avail of the ‘fast lane’ pursuant to Revenue Memorandum Circular
(RMC) No. 43-2018, as amended by RMC No. 107-2018. Payments amounting to twenty thousand
pesos (P 20,000.00) and below shall be paid in cash while payments above twenty thousand pesos
(P 20,000.00) shall be made through Manager’s Check or Cashier’s Check to the RCO of the RDO
having jurisdiction over the place where the property being transferred is located.

Tax Rate

For real property - 6%.

[return to index]

CAPITAL GAINS TAX FOR ONEROUS TRANSFER OF SHARES OF STOCKS NOT TRADED THROUGH
THE LOCAL STOCK EXCHANGE

Tax Form

BIR Form 1707 - Capital Gains Tax Return (For Onerous Transfer of Shares of Stocks Not Traded
Through the Local Stock Exchange)

Documentary Requirements

Mandatory Requirements [additional two (2) photocopies of each document]:

1. Taxpayer Identification Number (TIN) of Seller/s and Buyer/s;


2. Duly Notarized Original Deed of Absolute Sale/Document of Transfer;
3. Stock certificate;
4. Proof of acquisition cost (i.e. Deed of Sale: fair market value (FMV) at the time of acquisition);
5. Validated return and Original Official Receipt/Deposit Slip as proof of payment; for no payment
return, copy of Acknowledgment Receipt of return filed thru eBlRForms;
6. Secretary’s Certificate or Board Resolution, approving the sale/transfer of the shares of stocks and
indicating the name and position of the authorized signatory to the Dee of Sale/Assignment, if the
seller/transferor is a corporation;
7. Duly Notarized Special Power of Attorney (SPA) for the transacting party if the person signing is not
one of the parties to the Deed of Transfer;

Additional Requirements, if applicable [additional two (2) photocopies of each document]:

 For claiming expenses of sale - Proof of claimed deductions such as official receipt and/or
invoices;
 For shares of stocks not listed/not traded - Latest Audited Financial Statement of the issuing
corporation with computation of the book value per share;
 For shares of stocks listed/traded - Price index from the Philippine Stock Exchange
(PSE)/latest FMV published in the newspaper at the time of transaction;
 For club shares - Price published in newspapers on the transaction date or nearest to the
transaction date;
 Notarized Original Special Power of Attorney (SPA), if the person transacting/processing the
transfer is not a party to the transaction;
 Certificate of Exemption/BIR Ruling issued by the Commissioner of Internal Revenue or his
authorized representative, if tax exempt;
 Such other documents as may be required by law/rulings/regulations/etc.

Procedures

 Who shall file


The Capital Gains Tax Return (BIR Form No. 1707) shall be filed in triplicate by every natural or
juridical person, resident or non-resident, for sale, barter, exchange or other onerous disposition
of shares of stock in a domestic corporation, classified as capital assets, not traded through the
local stock exchange.

Taxpayers who are filing BIR Form No. 1707 are excluded in the mandatory coverage from using
the eBIRForms (Section 2 of RR No. 9-2016).

 When and Where to File and Pay

The Capital Gains Tax Return (BIR Form No. 1707) shall be filed and paid within thirty (30) days
after each sale, barter, exchange or other disposition of shares of stock not traded through the
local stock exchange with any Authorized Agent Bank (AAB) under the jurisdiction of the Revenue
District Office (RDO) where the seller/transferor is required to register.

When the return is filed with an AAB, taxpayer must accomplish and submit BIR-prescribed
deposit slip, which the bank teller shall machine validate as evidence that payment was received
by the AAB. The AAB receiving the tax return shall stamp mark the word “Received” on the return
and also machine validate the return as proof of filing the return and payment of the tax by the
taxpayer, respectively. The machine validation shall reflect the date of payment, amount paid and
transactions code, the name of the bank, branch code, teller’s code and teller’s initial. Bank debit
memo number and date should be indicated in the return for taxpayers paying under the bank
debit system.

Filing and payment may also be made using the electronic filing and payment facilities of the BIR
(i.e., EFPS/eBIRForms and G-cash, credit, debit card/prepaid card)

Tax Rates

 Effective January 1, 2018 to present (Republic Act (RA) No. 10963/TRAIN Law)
A.  For Individual                      -           15 %

B.  For Corporation:

B.1 Domestic                 -              15 %


B.2 Foreign:

B.2.1.   Not Over P100,000                                   -              5.0 %


B.2.2.  On any amount excess of P100,000             -              10 %

 Effective January 1, 1998 to December 31, 2017 (RA No. 8424/NIRC of 1997)

o Not over P 100,000                                  - Five percent (5%)


o On any amount in excess of P 100,000       - Ten percent (10%)
 

[return to index]

ANNUAL CAPITAL GAINS TAX FOR ONEROUS TRANSFER OF SHARES OF STOCKS NOT TRADED
THROUGH THE LOCAL STOCK EXCHANGE

Tax Form

BIR Form 1707A - Annual Capital Gains Tax Return (For Onerous Transfer of Shares of Stocks Not
Traded Through the Local Stock Exchange)

Procedures
File the Capital Gains Tax return in triplicate (two copies for the BIR and one copy for the
taxpayer) with the Authorized Agent Bank (AAB) in the Revenue District where the seller or
transferor of stocks is registered. In places where there are no AAB, the return will be filed
directly with the Revenue Collection Officer or Authorized City or Municipal Treasurer.

Tax Rates

 Effective January 1, 2018 to present (RA No. 10963/TRAIN Law)


 

A. For Individual              -        15 %

B. For Corporation:

B.1 Domestic           -        15 %


B.2 Foreign:

B.2.1 Not Over P100,000                           -            5.0 %


B.2.2 On any amount excess of P100,000     -            10 %

 Effective January 1, 1998 to December 31, 2017 (RA No. 8424/NIRC of 1997)

 Not over P 100,000 – Five percent (5%)


 On any amount in excess of P 100,000 – Ten percent (10%)

Deadline
 For Individual Taxpayers - On or before April 15 of each year covering all stock transactions
of the preceding taxable year
 For Corporate Taxpayers - On or before the fifteenth (15) day of the fourth (4th) month
following the close of the taxable year covering all transactions of the preceding taxable
year

[return to index]

RELATED REVENUE ISSUANCES

Revenue Regulations (RR) Nos. 2-1998, 8-1998, 4-1999, 13-1999, 7-2003, 17-2003, 30-2003, 4-


2008, 6-2008, 5-2009, 6-2013, 6-2014

Revenue Memorandum Order (RMO) No. 15-2003

Revenue Memorandum Circular (RMC) No. 50-2003, 43-2018, 107-2018

OPM-AS-APMD 2017-06-06

OPM-AS-APMD 2017-06-01

[return to index]

CODAL REFERENCE
 Sections 5 and 7 of Republic Act (RA) No. 10963 (Tax Reform Acceleration and Inclusion
(TRAIN) Law), amending Sections 24 (C) and 27 (D) (2) of National Internal Revenue Code
(NIRC) of 1997, respectively
 Sec. 24 (C), Sec. 24 (D), Sec. 27 (D) (2), Sec. 27 (D) (5), Sec. 28 (A) (7) (c), Sec. 28 (B) (5) (c)
and Sec. 39 (A) of the NIRC of 1997

[return to index]

FREQUENTLY ASKED QUESTIONS

1.) What is meant by capital asset?

Capital assets shall refer to all real properties held by a taxpayer, whether or not connected with
his trade or business, and which are not included among the real properties considered as
ordinary assets under Sec. 39(A)(1) of the Code. [Sec. 2(a) of RR No. 7-2003] 

2.) What is meant by ordinary asset?

Ordinary assets shall refer to all real properties specifically excluded from the definition of capital
assets under Sec. 39(A)(1) of the Code, namely:

1. Stock in trade of a taxpayer or other real property of a kind which would properly be
included in the inventory of the taxpayer if on hand at the close of the taxable year; or
2. Real property held by the taxpayer primarily for sale to customers in the ordinary course of
his trade or business; or
3. Real property used in trade or business (i.e., buildings and/or improvements) of a character
which is subject to the allowance for depreciation provided for under Sec. 34(F) of the Code;
or
4. Real property used in trade or business of the taxpayer.

Real properties acquired by banks through foreclosure sales are considered as ordinary assets.
[Sec. 2(b) of RR No. 7-2003]

3.) What is meant by "Stock classified as Capital Asset"?

“Stock Classified as “Capital Asset” means all stocks and securities held by taxpayers other than
dealers in securities. [Sec. 2(a) of RR No. 6-2008]

4.) What is meant by "Dealer in Securities"?   

“Dealer in Securities” refers to a merchant of stocks or securities, whether an individual,


partnership or corporation, with an established place of business, regularly engaged in the
purchase of securities and the resale thereof to customers; that is one, who as merchant buys
securities and re-sells them to customers with a view to the gains and profits that may be derived
therefrom. "Dealer in securities" means any person who buys and sells securities for his/her own
account in the ordinary course of business (Sec. 3.4, SRC). [Sec. 2(b) of RR No. 6-2008]

5.) What is meant by real property?

Real property shall have the same meaning attributed to that term under Article 415 of Republic
Act No. 386, otherwise known as the Civil Code of the Philippines. [Sec. 2(c) of RR No. 7-2003]

6.) What does a real estate dealer refer to?


A real estate dealer shall refer to any person engaged in the business of buying and selling or
exchanging real properties on his own account as a principal and holding himself out as a full or
part-time dealer in real estate. [Sec. 2(d) of RR No. 7-2003]

7.) What does a real estate developer refer to?

Real estate developer shall refer to any person engaged in the business of developing real
properties into subdivisions, or building houses on subdivided lots, or constructing residential or
commercial units, townhouses and other similar units for his own account and offering them for
sale or lease. [Sec. 2(e) of RR No. 7-2003]

8.) What does a real estate lessor refer to?

Real estate lessor shall refer to any person engaged in the business of leasing or renting real
properties on his own account as a principal and holding himself out as a lessor of real properties
being rented out or offered for rent. [Sec. 2(f) of RR No. 7-2003]

9.) Who are considered engaged in the real estate business?

Taxpayers who are considered engaged in the real estate business shall refer collectively to real
estate dealers, real estate developers and/or real estate lessors. A taxpayer whose primary
purpose of engaging in business, or whose Articles of Incorporation states that its primary
purpose is to engage in the real estate business shall be deemed to be engaged in the real estate
business. [Sec. 2(g) of RR No. 7-2003]

10.) Who are considered not engaged in the real estate business?

“Taxpayers not engaged in the real estate business” refer to persons other than real estate
dealers, real estate developers and/or real estate lessors. [Sec. 2(g) of RR No. 7-2003]
11.) Who are considered habitually engaged in the real estate business?

Real estate dealers or real estate developers who are registered with the Housing and Land Use
Regulatory Board (HLURB) or HUDCC. If the taxpayer is not registered with the HLURB or HUDCC
as a real estate dealer or developer, he/it may nevertheless be deemed to be engaged in the real
estate business through the establishment of substantial relevant evidence (such as
consummation during the preceding year of at least six (6) taxable real estate sale transactions,
regardless of amount; registration as habitually engaged in real estate business with the Local
Government Unit or the Bureau of Internal Revenue, etc.). However, banks shall not be considered
as habitually engaged in the real estate business for purposes of determining the applicable rate
of withholding tax imposed under Sec. 2.57.2(J) of RR No. 2-98, as amended. [Sec. 3(a) (4) of RR
No. 7-2003]

12.) How can you determine whether a particular real property is a capital asset or an ordinary
asset?

a) “Real properties shall be classified with respect to taxpayers engaged in the real estate
business as follows:

i)  All real properties acquired by the real estate dealer shall be considered as ordinary assets.

ii) All real properties acquired by the real estate developer, whether developed or undeveloped as
of the time of acquisition, and all real properties which are held by the real estate developer
primarily for sale or for lease to customers in the ordinary course of his trade or business or which
would properly be included in the inventory of the taxpayer if on hand at the close of the taxable
year and all real properties used in the trade or business, whether in the form of land, building, or
other improvements, shall be considered as ordinary assets.
iii) All real properties of the real estate lessor, whether land, building and/or improvements, which
are for lease/rent or being offered for lease/rent, or otherwise for use or being used in the trade or
business shall likewise be considered as ordinary assets.

iv) All real properties acquired in the course of trade or business by a taxpayer habitually engaged
in the sale of real property shall be considered as ordinary assets. A property purchased for future
use in the business, even though this purpose is later thwarted by circumstances beyond the
taxpayer’s control, does not lose its character as an ordinary asset. Nor does a mere
discontinuance of the active use of the property change its character previously established as a
business property.” [Sec. 3(a) of RR No. 7-2003]

b) In the case of taxpayer not engaged in the real estate business, real properties, whether land,
building, or other improvements, which are used or being used or have been previously used in
trade or business of the taxpayer shall be considered as ordinary assets. [Sec. 3(b) of RR No. 7-
2003]

c) In the case of taxpayers who changed its real estate business to a non-real estate business,
real properties held by these taxpayers shall remain to be treated as ordinary assets. [Sec. 3(c) of
RR No. 7-2003]

d) In the case of taxpayers who originally registered to be engaged in the real estate business but
failed to subsequently operate, all real properties acquired by them shall continue to be treated as
ordinary assets. [Sec. 3(d) of RR No. 7-2003]

e) Real properties formerly forming part of the stock in trade of a taxpayer engaged in the real
estate business, or formerly being used in the trade or business of a taxpayer engaged or not
engaged in the real estate business, which were later on abandoned and became idle, shall
continue to be treated as ordinary assets. Provided however, that properties classified as ordinary
assets for being used in business by a taxpayer engaged in business other than real estate
business are automatically converted into capital assets upon showing of proof that the same
have not been used in business for more than two (2) years prior to the consummation of the
taxable transactions involving said properties. [Sec. 3(e) of RR No. 7-2003]

f) “Real properties classified as capital or ordinary asset in the hands of the seller/transferor may
change their character in the hands of the buyer/transferee. The classification of such property in
the hands of the buyer/transferee shall be determined in accordance with the following rules:

i) Real property transferred through succession or donation to the heir or donee who is not
engaged in the real estate business with respect to the real property inherited or donated, and
who does not subsequently use such property in trade or business, shall be considered as a
capital asset in the hands of the heir or donee.

ii) Real property received as dividend by the stockholders who are not engaged in the real estate
business and who do not subsequently use such real property in trade or business, shall be
treated as a capital asset in the hands of the recipients even if the corporation which declared
the real property dividends is engaged in real estate business.

iii)The real property received in an exchange shall be treated as ordinary asset in the hands of the
transferee in the case of a tax-free exchange by taxpayer not engaged in real estate business to a
taxpayer who is engaged in real estate business, or to a taxpayer who, even if not engaged in real
estate business, will use in business the property received in the exchange.” [Sec. 3(f) of RR No.
7-2003]

g) In the case of involuntary transfers of real properties, including expropriations or foreclosure


sale, the involuntariness of such sale shall have no effect on the classification of such real
property in the hands of the involuntary seller, either as capital asset or ordinary asset as the
case may be. [Sec. 3(g) of RR No. 7-2003]

13.) What is the basis in the valuation of real property? 


The value of the real property will be based on the selling price, fair market value or zonal value
as determined by the Commissioner of Internal Revenue or the fair market value as shown in the
schedule of values of the Provincial or City Assessor, whichever is higher.

If there is no zonal value, the taxable base shall be the gross selling price per sales documents or
the fair market value that appears in the latest tax declaration, whichever is higher.

If there is an improvement, the FMV, based on the latest tax declaration at the time of the sale or
disposition, duly certified by the City/Municipal Assessor shall be used. No adjustments shall be
added on the said value, provided that the tax declaration bears the upgraded fair market value of
the said property pursuant to Section 219 of Republic Act No. 7160, otherwise known as the Local
Government Code of 1991 and the last paragraph of the Local Assessment Regulations No. 1-92
dated October 6, 1992.

However, in case the tax declaration presented was issued three (3) or more years prior to the
date of sale or disposition of the real property, the seller/transferor shall be required to submit a
certification from the City/Municipal Assessor whether or not the same is still the latest tax
declaration covering the said real property. Otherwise, the taxpayer shall secure its latest tax
declaration and shall submit a copy thereof duly certified by the said Assessor. (RAMO 1-2001)

14.) What is meant by "Net Capital Gains"?

"Net Capital Gains" means the excess of the gains from sales or exchanges of capital assets over
the losses from such sales or exchanges. [Sec 2(o) of RR 6-2008]

15.) What are the rules for the determination of amount and recognition of gain or loss in the sale,
barter, or exchange of shares of stock not traded through the Local Stock exchange?

A. “Determination of Selling Price. — In determining the selling price, the following rules shall
apply:
a.1) In the case of cash sale, the selling price shall be the total consideration per deed of sale.

a.2) If the total consideration of the sale or disposition consists partly in money and partly in kind,
the selling price shall be sum of money and the fair market value of the property received.

a.3) In the case of exchange, the selling price shall be the fair market value of the property
received.” [Sec. 7 (c) (c.1) RR No. 6-2008]

a.4) “Where property, other than real property referred to in Section 24(D), is transferred for less
than an adequate and full consideration in money or money's worth, then the amount by which the
fair market value of the property exceeded the value of the consideration shall be deemed a gift,
and shall be included in computing the amount of gifts made during the calendar year: Provided,
however, that a sale, exchange, or other transfer of property made in the ordinary course of
business (a transaction which is a bona fide, at arm’s length, and free from any donative intent)
will be considered as made for an adequate and full consideration in money’s worth.” (Sec. 16, RR
No. 12-2018)

B.) Definition of "fair market value" of the Shares of Stock.

b.1) “In the case of listed shares which were sold, transferred or exchanged outside of the trading
system and/or facilities of the Local Stock Exchange, the closing price on the day when the
shares are sold, transferred, or exchanged. When no sale is made in the Local Stock Exchange on
the day when the Listed shares are sold, transferred, or exchanged, the closing price on the day
nearest to the date of sale, transfer or exchange of the shares shall be the fair market value.”
[Sec. 7 (c.2.1) RR No. 6-2008]

b.2) “In the case of shares of stock not listed and traded in the local stock exchanges, the value
of the shares of stock at the time of sale shall be the fair market value. In determining the value
of the shares, the Adjusted Net Asset Method shall be used whereby all assets and liabilities are
adjusted to fair market values. The net of adjusted asset minus the liability values is the indicated
value of the equity.

The appraised value of real property at the time of sale shall be the higher of –

1.  The fair market value as determined by the Commissioner of Internal Revenue, or
2.  The fair market value as shown in the schedule of valued fixed by the Provincial and City
Assessors, or
3.  The fair market value as determined by Independent Appraiser.” (Sec. 2, RR No. 6-2013)

b.3) In the case of a unit of participation in any association, recreation or amusement club (such
as golf, polo, or similar clubs), the fair market value thereof shall be its selling price or the bid
price nearest published in any newspaper or publication of general circulation, whichever is
higher. [Sec. 7 (c.2.3) RR No. 6-2008]

C.) Determination of Gain or Loss from Sale or Disposition of Shares of Stock. — The gain from the
sale or other disposition of Shares of Stock. — The gain from the sale or other disposition of
shares of stock shall be the excess of the amount realized therefrom over the basis or adjusted
basis for determining gain, and the loss shall be the excess of the basis or adjusted basis for
determining loss over the amount realized. The amount realized from the sale or other disposition
of property shall be the sum of money received plus the fair market value of the property (other
than money) received, if any. [Sec. 7 (c.3) RR No. 6-2008]

16.) What are the applicable tax rates of Capital Gains Tax (CGT) under the National Internal
Revenue Code of 1997, as amended by Republic Act No. 10963/ TRAIN Law?

A.  For Real Properties                  –             Six percent (6%)

B. For Shares of Stocks Not Traded in the Stock Exchange:


Effective January 1, 2018 to present (Republic Act No. 10963 or TRAIN Law)

A.  For Individual                     -              15 % 

B.  For Corporation:

        B.1 Domestic                        -              15 %

        B.2 Foreign:

                   B.2.1   Not Over P100,000                                            


-              5.0 %

                   B.2.2   On any amount in excess of P100,000                  


-              10 %

Effective January 1, 1998 to December 31, 2017 (Republic Act No. 8424/NIRC)

 Not over P 100,000 – Five percent (5%)


 On any amount in excess of P 100,000 – Ten percent (10%)

17.) Who/what are considered exempt from the payment of Final Capital Gains Tax?

 Dealer in securities, regularly engaged in the buying and selling of securities


 An entity exempts from the payment of income tax under existing investment incentives and
other special laws
 An individual or non-individual exchanging real property solely for shares of stocks resulting
in corporate control
 A government entity or government-owned or controlled corporation selling real property
 If the disposition of the real property is gratuitous in nature
 Where the disposition is pursuant to the CARP law

18.) Who are conditionally exempt from the payment of Final Capital Gains Tax?

Natural persons who dispose their principal residence, provided that the following criteria are
met:

 The proceeds of the sale of the principal residence have been fully utilized in acquiring or
constructing new principal residence within eighteen (18) calendar months from the date of
sale or disposition;
 The historical cost or adjusted basis of the real property sold or disposed will be carried
over to the new principal residence built or acquired;
 The Commissioner of Internal Revenue has been duly notified, through a prescribed return,
within thirty (30) days from the date of sale or disposition of the person’s intention to avail of
the tax exemption;
 Exemption was availed only once every ten (10) years;
 In case there is no full utilization of the proceeds of sale or disposition, the portion of the
gain presumed to have been realized from the sale or disposition will be subject to Capital
Gains Tax.
 In case of sale/transfer of principal residence, the Buyer/Transferee shall withhold from the
seller and shall deduct from the agreed selling price/consideration the 6% capital gains tax
which shall be deposited in cash or manager’s check in interest-bearing account with an
Authorized Agent Bank (AAB) under an Escrow Agreement between the concerned Revenue
District Officer, the Seller and the Transferee, and the AAB to the effect that the amount so
deposited, including its interest yield, shall only be released to such Transferor upon
certification by the said RDO that the proceeds of the sale/disposition thereof has, in fact,
been utilized in the acquisition or construction of the Seller/Transferor’s new principal
residence within eighteen (18) calendar months from date of the said sale or disposition. The
date of sale or disposition of a property refers to the date of notarization of the document
evidencing the transfer of said property. In general, the term “Escrow” means a scroll,
writing or deed, delivered by the grantor, promisor or obligor into the hands of a third person,
to be held by the latter until the happening of a contingency or performance of a condition,
and then by him delivered to the grantee, promise or obligee.

19.)  What is an Electronic Certificate Authorizing Registration (eCAR)?

The eCAR is an electronically generated Certificate Authorizing Registration issued by the


Commissioner or his duly authorized representative attesting that the transfer and conveyance of
land, buildings/improvements or shares of stock arising from sale, barter or exchange have been
reported and the taxes due inclusive of the documentary stamp tax, have been fully paid.

20.)  What is Electronic Certificate Authorizing Registration System (eCAR System)?

The eCAR System is a stand-alone system developed and owned by the BIR for the automated
creation of eCAR which is the basis for transferring the real and personal properties from the
transferor to the transferee after payment of the correct taxes and other dues that allows
monitoring through audit trails and generated reports.

21.) Are manually issued Certificate Authorizing Registration (CAR) that are outstanding and not
yet presented to the Registry of Deeds (RD) still valid?

All manually issued CARs that are outstanding and not yet presented to the RD are no longer valid.
The said CARs shall be replaced with an eCAR by the concerned Revenue District Offices or Large
Taxpayers Divisions. For CAR involving multiple properties in which some of the properties are
already transferred in RD, only those untransferred property/ies shall be issued with an eCAR.

A certification fee shall be charged for each released eCAR issued/reprinted after affixture of
Thirty Pesos (P30.00) Documentary Stamp Tax (DST) on Certificates (RA 10963 or TRAIN Law) and
the prescribed Certification Fee of One Hundred Pesos (P100.00) under Executive Order No. 197 to
the taxpayer/authorized representative.

Description

Documentary Stamp Tax is a tax on documents, instruments, loan agreements and papers
evidencing the acceptance, assignment, sale or transfer of an obligation, right or property
incident thereto.

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Tax Forms

BIR Form 2000 (Documentary Stamp Tax Declaration Return);

BIR Form 2000-OT Documentary Stamp Tax Declaration Return (One- Time Transactions)

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Documentary Requirements

Mandatory

1. Photocopy of the document to which the documentary stamp shall be affixed;


2. Proof of exemption under special laws, if applicable;
3. Proof of payment of documentary stamp tax paid upon the original issue of the stock, if
applicable.

[return to index]

Tax Rates

Tax Document Taxable Unit Tax Due Per % of Taxable Base


Code Unit Unit
Sectio
n
174   Original Issue of Shares of Stock P200.00 or fraction thereof         2.00             1%  Par value of shares of
with par value       stocks                      
  P200.00 or fraction thereof 2.00   Actual consideration for
      1%  the issuance of shares of
Original Issue of Shares of Stock       stocks
without par value        
        Actual value represented
        by each share
Stock Dividend P200.00 or fraction thereof  
2.00
1%

175   Sales, Agreements to Sell, P200.00 or fraction 1.50        0.75% Par value of such stock
Memoranda of Sales, Deliveries thereof           
or Transfer of Shares or      
Certificates of Stock       
     
Stock without par value    
  DST paid upon the original
50% issuance of said stock.
 176   Bonds, Debentures, Certificate of P200.00 or fraction thereof  .75 .375% Par value of such bonds,
Stock or Indebtedness issued in debentures, Certificate of
foreign Countries  Stock or Indebtedness

 177   Certificate of Profits or Interest in P200.00 or fraction thereof 1.00 .5% Face value of such
Property or Accumulation certificates /
memorandum
178   Bank Checks, Drafts, Certificate of On each Document 3.00    
Deposit not bearing interest   and
other Instruments

179   All Debt Instruments P200.00 or fraction thereof 1.50 .75% Issue price of any such
debt instruments or a
fraction of 365 days for
instrument with term of
less than 1 year
180   All Bills of Exchange or Drafts P200.00 or fraction thereof .60 .3% Face value of any such bill
of exchange or draft
181   Acceptance of Bills of Exchange or P200.00 or fraction thereof .60 .3% Face value of such bill of
order for the payment of money exchange or order or the
purporting to be drawn in a   foreign Philippine   equivalent of
country but payable in the such value, if expressed in
Philippines foreign currency

182   Foreign Bills of Exchange and P200.00 or fraction thereof .60 .3% Face value of such bill of
Letters of Credit exchange or letter of
credit or the Philippine
equivalent of such value,
if expressed in foreign  
currency
 183    Life Insurance Policies If the amount of insurance does exempt      Amount of Insurance
   not exceed P100,000.00    
      
If the amount of insurance    
exceeds P100,000.00 but does not   Amount of Insurance
exceed P300,000.00  20.00     
     
If the amount of insurance    
exceeds P300,000.00 but does not    
exceed P500,000.00   Amount of Insurance
     
If the amount of insurance 50.00    
exceeds P500,000.00 but does not    
exceed P750,000.00    
    Amount of Insurance
If the amount of insurance    
exceeds P750,000.00 but does not    
exceed P1,000,000.00 100.00     
     
If the amount of insurance   Amount of Insurance
exceeds P1,000,000.00    
   
   
150.00     
  Amount of Insurance
 
 
 
 
200.00

184 Policies Of Insurance upon Property P4.00 premium or fraction thereof .50 12.5% Premium charged
185 Fidelity Bonds and other Insurance P4.00 premium or fraction thereof .50 12.5% Premium charged
Policies

186   Policies of Annuities  or other P200.00 or fraction thereof 1.00 .5% Premium or installment
instruments        payment or contract price
        collected 
         
        Premium or contribution  
  P200.00 or fraction thereof     collected
  .40 .20%
Pre-Need Plans
187 Indemnity Bonds P4.00 or fraction thereof .30 7.5% Premium charged

188 Certificates of Damage or otherwise Each Certificate 30.00    


and Certificate or document issued
by any customs officers, marine
surveyor, notary public and  
certificate required by law or by
rules and regulations of a public
office
189 Warehouse Receipts (except if value Each Receipt 30.00    
does not exceed P200.00)

190 Jai-alai, Horse Race Tickets, lotto or P1.00 and below cost of ticket .20     20%   Cost of the ticket
Other Authorized Number   Games       
  Cost of the ticket
Additional P0.20 on every P1.00 or
fraction thereof if cost of   ticket
exceeds P1.00
191   Bills of Lading or Receipts (except If the value of such goods 2.00      Value of such goods
charter party) exceeds P100.00 and does not    
exceed P1,000.00    
     
If the value exceeds P1,000.00    
    Value of such
Freight tickets covering goods, 20.00   goods      
merchandise or effects carried as  
accompanied baggage of  
passengers on land and water  
carriers primarily engaged in the Exempt 
transportation of passengers

192  Proxies (except proxies issued Each proxy 30.00    


affecting the affairs of associations
or   corporations, organized for
religious, charitable or literary
purposes)
193   Powers of Attorney (except acts Each Document 10.00    
connected with the collection of
claims due from or accruing to the
Government of the   Republic of the
Philippines, or the government of
any province, city or Municipality)

194   Leases and other Hiring agreements First 2,000 or fractional part 6.00 .3%  
or memorandum or contract for hire, thereof    
use or rent of any lands or      
tenements or portions thereof For every P1,000 or fractional part    
thereof in excess of the   first 2.00   .2%  
P2,000 for each year of the term
of the said contract or  
agreement
195 Mortgage or Pledge of lands, estate, First 5,000 40.00 .8% Amount Secured
or property and Deeds of Trust        
      Amount Secured
On each P5,000 or fractional part 20.00 .4%
thereof in excess of 5,000

196 Deed of Sale, Conveyances, First 1,000 15.00 1.5% Consideration or Fair
Donations of Real   Property       Market Value, whichever
(except grants, patents or original       is higher (if   government
certificate of adjudication issued by       is a party, basis shall be
the government)       the consideration)
       
      Consideration or Fair
      Market Value, whichever
      is higher (if   government
      is a party, basis shall be
For each additional P1,000 or 15.00 1.5% the consideration)
fractional part thereof in excess  
of P1,000

197   Charter parties and Similar Charter parties and similar      


Instruments instruments if gross tonnage of    
the ship, vessel or steamer is:    
     
1,000 tons and below 1st 6 months Registered gross tonnage
  P1,000.00  
  In excess + P  
  100.00  
     
     
     
1,001 to 10,000 tons 1st 6 months  
  P2,000.00  Registered gross
  In excess + tonnage
  P200.00  
     
  1st 6 months  
  P3,000  
  In excess + 300  
Over 10,000 tons  
 
 
Registered gross tonnage
198   Stamp Tax on Assignments and   At the same    
Renewals or Continuance of Certain rate as that
Instruments imposed on the
original
instrument.

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Procedures

 BIR FORM 2000 - (DOCUMENTARY STAMP TAX DECLARATION RETURN)

Who Shall File

The return shall be filed in triplicate by the following:

1. In the case of constructive affixture of documentary stamps, by the person making, signing,
issuing, accepting, or transferring documents, instruments, loan agreements and papers,
acceptances, assignments, sales and conveyances of the obligation, right or property incident
thereto wherever the document is made, signed, issued, accepted or transferred when the
obligation or right arises from Philippine sources or the property is situated in the Philippines at
the same time such act is done or transaction had;

2. In the case of Electronic Documentary Stamp Tax (eDST) System user, by the taxpayers
belonging to the industries mandated to use the web-based eDST System in the
payment/remittance of DST liabilities and the affixture of the prescribed documentary stamp on
taxable documents and taxpayers who, at their option, choose to pay the DST liabilities thru the
eDST System pursuant to Revenue Regulations (RR) No. 7-2009; and

3. By a revenue collection agent for remittance of sold loose documentary stamps.


Whenever one party to the taxable document enjoys exemption from the tax herein imposed, the
other party thereto who is not exempt shall be the one directly liable for the tax.

When and Where to File

The return shall be filed within five (5) days after the close of the month when the taxable
document was made, signed, issued, accepted or transferred or upon remittance by revenue
collection agents of collection from the sale of loose documentary stamps.

The return shall be filed with the Authorized Agent Bank (AAB) within the territorial jurisdiction of
the Revenue District Office where the residence or place of business of the taxpayer is located or
where the collection agent is assigned. In places where there are no AABs, the return shall be
filed directly with the Revenue Collection Officer (RCO) within the Revenue District Office which
has jurisdiction over the residence or place of business of the taxpayer or where the collection
agent is assigned.

When and Where to Pay

Upon filing of this return, the total amount payable shall be paid to the AAB where the return is
filed within five (5) days after the close of the month when the taxable document was made. In
places where there are no AABs, the tax shall be paid with the Revenue Collection Officer who
shall issue an Electronic Revenue Official Receipt (eROR) therefor.

When the return is filed with an AAB, taxpayer must accomplish and submit BIR-prescribed
deposit slip, which the bank teller shall machine validate as evidence that payment was received
by the AAB. The AAB receiving the tax return shall stamp mark the word “Received” on the return
and also machine validate the return as proof of filing the return and payment of the tax by the
taxpayer, respectively. The machine validation shall reflect the date of payment, amount paid and
transactions code, the name of the bank, branch code, teller’s code and teller’s initial. Bank debit
memo number and date should be indicated in the return for taxpayers paying under the bank
debit system.

For eDST System User

Prior to the enrollment in the eDST System, taxpayers availing thereof, whether on the mandatory
or optional basis, shall be duly enrolled under the BIR Electronic Filing and Payment System
(eFPS). In paying the DST liabilities, BIR Form No. 2000 shall be filed and the amount due thereon
shall be paid thru the eFPS for taxpayers and PhilPass Facility of the Bangko Sentral ng Pilipinas
for banks (AABs and non-AABs).

For eFPS Taxpayer

The deadline for electronically filing and paying the taxes due thereon shall be in accordance with
the provisions of existing applicable revenue issuances.

 BIR FORM 2000-OT DOCUMENTARY STAMP TAX DECLARATION RETURN (ONE-TIME


TRANSACTIONS)

Who Shall File

The return shall be filed in triplicate by the following person making, signing, issuing, accepting or
transferring the document or facility evidencing transaction:

1. Every natural or juridical person, resident or non-resident, for donation, sale, barter, exchange
or other onerous disposition of shares of stock in a domestic corporation, classified as capital
asset, not traded in the local stock exchange;
2. Every withholding agent/buyer/seller on the sale, transfer or exchange of real property
classified as capital asset. The “sale” includes pacto de retro sale and other forms of conditional
sale; and

3. Every withholding agent/buyer/seller on the sale, transfer or exchange of real property other
than capital asset.

4. Every natural or juridical person, resident or non-resident, for donation of real properties.

Whenever one party to the taxable document enjoys exemption from the tax herein imposed, the
other party thereto who is not exempt shall be the one directly liable for the tax.

When and Where to File and Pay

The return shall be filed and the tax paid within five (5) days after the close of the month when the
taxable document was made, signed, issued, accepted or transferred.

The return shall be filed with and the tax paid to the Authorized Agent Bank (AAB) within the
territorial jurisdiction of Revenue District Office (RDO) where the seller/transferor/donor is
required to be registered or where the property is located in case of sale of real property.

When the return is filed with an AAB, taxpayer must accomplish and submit BIR-prescribed
deposit slip, which the bank teller shall machine validate as evidence that payment was received
by the AAB. The AAB receiving the tax return shall stamp mark the word “Received” on the return
and also machine validate the return as proof of filing the return and payment of the tax by the
taxpayer, respectively.

The machine validation shall reflect the date of payment, amount paid and transactions code, the
name of the bank, branch code, teller’s code and teller’s initial. Bank debit memo number and
date should be indicated in the return for taxpayers paying under the bank debit system.
Payments may also be made thru the epayment channels of AABs or online facility,
credit/debit/prepaid cards, and mobile payments.

For transactions covered by one (1) Deed of Sale/Exchange/Donation involving one (1) to three (3)
properties, the taxpayer can avail of the fast lane pursuant to Revenue Memorandum Circular
(RMC) No. 43-2018, as amended by RMC No. 107-2018. Payments amounting to twenty thousand
pesos (P 20,000.00) and below shall be paid in cash while payments above twenty thousand pesos
(P 20,000.00) shall be made through Manager’s Check or Cashier’s Check to the Revenue
Collection Officer of the RDO concerned.

[return to index]

Deadlines

The Documentary Stamp Tax return (BIR Form 2000) shall be filed in triplicate (two copies for the
BIR and one copy for the taxpayer) within five (5) days after the close of the month when the
taxable document was made signed, issued, accepted or transferred; upon remittance by
Collection Agents of collection from sale of loose stamps. The Documentary Stamp Tax shall be
paid upon filing of the return.

Index for Withholding Tax

 Codal Reference And Related Issuances


 Importance Of Withholding Tax System
 Persons Required To Withhold Withholding Taxes
 Classification Of Withholding Taxes
 Withholding Tax On Compensation
 Responsibilities Of The Employer
 Exemptions And Exclusions From Gross Income
 Minimum Wage Earners
 De Minimis Benefits Not Subject To Withholding Tax
 Withholding Tax Table
 Annual Tax Table
 Year-End-Adjustment
 Withholding Tax Forms
 Mode Of Filing And Payment
 Substituted Filing
 Expanded Withholding Tax
 Final Withholding Tax
 Fringe Benefits Granted To Employees (Except Rank And File Employees)
 Withholding Tax On Government Money Payments (Gmp) - Percentage Taxes

CODAL REFERENCE AND RELATED ISSUANCES

Republic Act Nos. 8424, 9337, 9442, 9504, 10963

Sections 57 to 58 and 78 to 83 of the National Internal Revenue Code (NIRC)


Revenue Regulation Nos. 2-98, 17-2003, 30-2003, 10-2008, 11-2018

Revenue Memorandum Circular Nos. 72-2004, 91-2010, 50-2018, 51-2018

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IMPORTANCE OF WITHHOLDING TAX SYSTEM

It is considered as an effective tool in the collection of taxes for the following reasons:

 It encourages voluntary compliance;


 It reduces cost of collection effort;
 It prevents delinquencies and revenue loss; and
 It prevents dry spell in the fiscal conditions of the government by providing revenues
throughout the taxable year.

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PERSONS REQUIRED TO WITHHOLD WITHHOLDING TAXES

 Individuals engaged in business or practiced of profession


 Non-individuals (corporations, associations, partnertship, cooperatives) whether engaged in
business or not
 Government agencies and its instrumentalities (National Government Agentcies (NGAs),
Government-owned or Controlled Corporations (GOCCs), Local Government Units including
Baranggays (LGUs

A WITHHOLDING AGENT - is any person or entity who is in control of the payment subject to
withholding tax and therefore is required to deduct and remit taxes withheld to the government.

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CLASSIFICATION OF WITHHOLDING TAXES

 Creditable withholding tax   


a. Compensation - is the tax withheld from income payments to individuals arising from an
employer-employee relationship.
b. Expanded - is a kind of withholding tax which is prescribed on certain income payments
and is creditable against the income tax due of the payee for the taxable quarter/year in
which the particular income was earned.
c. Withholding Tax on GMP - Value Added Taxes (GVAT) - is the tax withheld by National
Government Agencies (NGAs) and instrumentalities, including government-owned and
controlled corporations (GOCCs) and local government units (LGUs), before making any
payments to VAT registered taxpayers/suppliers/payees on account of their purchases of
goods and services.
d. Withholding Tax on Government Money Payments (GMP) - Percentage Taxes - is the tax
withheld by National Government Agencies (NGAs) and  instrumentalities, including
government-owned and controlled corporations (GOCCs) and local government units (LGUs),
before making any payments to non-VAT registered taxpayers/suppliers/payees
 Final Withholding Tax is a kind of withholding tax which is prescribed on certain income
payments and is not creditable against the income tax due of the payee on other income
subject to regular rates of tax for the taxable year. Income Tax withheld constitutes the full
and final payment of the Income Tax due from the payee on the particular income subjected
to final withholding tax.

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WITHHOLDING TAX ON COMPENSATION

Compensation or Wages - refers to all remuneration for services performed by an employee for his
employer under an employee-employer relationships unless exempted by the NIRC and pertinent
laws.

KINDS OF COMPENSATION

 Regular
a. Basic Salary
b. Fixed allowances
 Supplmentary
a. Commission
b. Overtime pay
c. Fees, including directors fees
d. Profit sharing
e. Monetized vacation leave in excess of ten (10) days
f. Sick leave
g. Fringe benefits received by rank and file employees
h. Hazard pay
i. Taxable 13th month pay and other benefits
j. Other remuneration received from an employee-employer relationships

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RESPONSIBILITIES OF THE EMPLOYER

 Submit the duly accomplished BIR Form Nos. 1902 and/or 1905 to the RDO within thirty (30)
days from receipt;
 Withhold the tax due from the employees following the prescribed manner;
 Remit the amount of tax withheld from the employee within the prescribed due dates;
 Do the year-end adjustment;
 Submit Annual Information return (BIR Form 1604-C, 1604-F and 1604-E), including the
required alphabetical list of employees/payees on or before January 31 following the close of
the calendar year;
 Issue the Certificate of Compensation Payment/Tax Withheld (BIR Form No. 2316) to the
employees; and
 Refund excess tax withheld.
 

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EXEMPTIONS AND EXCLUSIONS FROM GROSS INCOME

a. Remuneration received as an incident of employment (RA 7641; those with approved


reasonable private retirement plan; Social Security Act of 1954, as amended; GSIS Act of
1937, as amended; and etc.
b. Remuneration paid for agricultural labor;
c. Remuneration for domestic services;
d. Remuneration for casual labor not in the course of an employer's trade or business;
e. Compensation for services by a citizen or a resident of the Philippines for a foreign
government or international organization;
f. Damages (Actual, moral, exemplary and nominal);
g. Life insurance;
h. Amounts received by the insured as a return of premium;
i. Compensation for injuries or sickness;
j. Income exempt under treaty
k. 13th Month pay and other benefits
l. GSIS, SSS, Medicare and other contributions (employee's share only)
m. Compensation income of minimum wage earners (MWEs) who work in the private sector and
being paid the Statutory Minimum Wage (SMW), as fixed by the Regional Tripartite Wage and
Productivity Board (RTWPB)/National Wages Productivity Commission (NWPC), applicable to
the place where he/she is assigned;
n.  Compensation income of employees in the public sector with compensation income of not
more the the SMW in the non-agricultural sector as fixed by the RTWPB?NWPC applicable to
the place where he/she is assigned.
o. De Minimis benefits
p. Fringe benefits given to employees other than rank and file and subjected to Fringe Benefit
Tax (FBT);
q. Personnel Economic Relief Allowance (PERA) given to government employees; and
Representation and transportation allowance (RATA granted to public officers and
employees under the General Appropriations Act.

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MINIMUM WAGE EARNERS

No withholding tax shall be required on the Statutory Minimum Wage (SMW) of the Minimum Wage
earner in the private/public sectors as defined in RR 2-98, as amended by RR 11-2018, including:

 Holiday pay
 Overtime pay
 Night shift differential
 Hazard pay

of Minimum Wage earners in the private/public sectors as defined by these Regulations.

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DE MINIMIS BENEFITS NOT SUBJECT TO WITHHOLDING TAX

a. Monetized unused vacation leave credits to employees not exceeding ten (10) days during
the year;
b. Monetized value of vacation and sick leave credits paid to government officials and
employees;
c. Medical cash allowance to dependents of employees, not exceeding P1,500 per employee
per semester of P250 per month;
d. Rice subsidy of P2,000 or one sack of 50kg rice per month amounting to not more than
P2,000;
e. Uniform and clothing allowance not exceeding P6,000 per annum;
f. Actual medical assistance, e.g. medical allowance to cover medical and healthcare needs,
annual medical/executive check-up, maternity assistance, and routine consultations, not
exceeding P10,000.00 per annum;
g. Laundry allowance not exceeding P300 per month;
h. Employees achievement awards, e.g. for length of service or safety achievement, which in
the form of a tangible personal property other than cash or gift certificate, with an annual
monetary value not exceeding P10,000 received by the employee under an established
written plan which does not discriminate in favor of highly paid employees;
i. Gifts given during Christmas and major anniversary celebrations not exceeding P5,000 per
employee per annum;
j. Daily meal allowance for overtime work not exceeding twenty five percent (25%) of the
basic minimum wage;
k. Benefits received by an employee by virtue of a collective bargaining agreement (CBA) and
productivity incentive schemes provided that the total annual monetary value received from
both CBA and productivity incentive schemes combined do not exceed ten thousand pesos
(Php 10,000.00)per employee per taxable year;
 

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WITHHOLDING TAX TABLE

 REVISED WITHHOLDING TAX TABLE


Effective January 1, 2018 to December 31, 2022 
DAILY 1 2 3 4 5 6
Compensation P685 and
P685 -P1,095 P1,096 - P2,191 P2,192 - P5,478 P5,479 - P21,917 P21,918 and above
Range  below
Prescribed 0.00 +20% over P82.19 +25% over P356.16 +30% over P1,342.47 +32% P6,602.74 +35% over
0.00
Withholding Tax P685 P1,096 P2,192 over P5,479 P21,918
WEEKLY 1 2 3 4 5 6
Compensation P4,808 and P4,808 -
P7,692 - P15,384 P15,385 - P38,461 P38,462 - P153,845 P153,846 and above
Range below P7,691
Prescribed 0.00 +20% over P576.92 +25% P2,500.00 +30% P9,423.08 +32% P46,346.15 +35% over
0.00
Withholding Tax P4,808 over p7,692 over p15,385 over P38,462 P153,846
SEMI-MONTHLY 1 2 3 4 5 6
Compensation P10,417 and P10,417 -
P16,667 - P33,332 P33,333 - P83,332 P83,333 - P333,332 P333,333 and above
Range below P16,666
Prescribed 0.00 +20% over P1,250.00 +25% P5,416.67 +30% P20,416.67 +32% P100,416.67 +35%
0.00
Withholding Tax P10,417 over P16,667 over P33,333 over P83,333 over P333,333
MONTHLY 1 2 3 4 5 6
Compensation P20,833 and P20,833 -
P33,333 - P66,666 P66,667 - P166,666 P166,667 - P666,666 P666,667 and above
Range below P33,332
Prescribed 0.00 +20% over P2,500.00 +25% P10,833.33 +30% P40,833.33 +32% P200,833.33 +35%
0.00
Withholding Tax P20,833 over 33,333 over P66,667 over P166,667 over P666,667  
 REVISED WITHHOLDING TAX TABLE
Effective January 1, 2023 and onwards
DAILY 1 2 3 4 5 6
Compensation P685 and
P685 -P1,095 P1,096 - P2,191 P2,192 - P5,478 P5,479 - P21,917 P21,918 and above
Range  below
Prescribed 0.00 +15% over P82.19 +20% over P356.16 +25% over P1,342.47 +30% P6,602.74 +35% over
0.00
Withholding Tax P685 P1,096 P2,192 over P5,479 P21,918
WEEKLY 1 2 3 4 5 6
Compensation P4,808 and P4,808 -
P7,692 - P15,384 P15,385 - P38,461 P38,462 - P153,845 P153,846 and above
Range below P7,691
Prescribed 0.00 +15% over P576.92 +20% P2,500.00 +25% P9,423.08 +30% P46,346.15 +35% over
0.00
Withholding Tax P4,808 over p7,692 over p15,385 over P38,462 P153,846
SEMI-MONTHLY 1 2 3 4 5 6
Compensation P10,417 and P10,417 -
P16,667 - P33,332 P33,333 - P83,332 P83,333 - P333,332 P333,333 and above
Range below P16,666
Prescribed 0.00 +15% over P1,250.00 +20% P5,416.67 +25% P20,416.67 +30% P100,416.67 +35%
0.00
Withholding Tax P10,417 over P16,667 over P33,333 over P83,333 over P333,333
MONTHLY 1 2 3 4 5 6
Compensation P20,833 and P20,833 -
P33,333 - P66,666 P66,667 - P166,666 P166,667 - P666,666 P666,667 and above
Range below P33,332
Prescribed 0.00 +15% over P2,500.00 +20% P10,833.33 +25% P40,833.33 +30% P200,833.33 +35%
0.00
Withholding Tax P20,833 over 33,333 over P66,667 over P166,667 over P666,667   

[return to index]

ANNUAL TAX TABLE

EFFECTIVE DATE JANUARY 1, 2018 to DECEMBER 31, 2022 


Not over P250,000 0%
Over P250,000 but not over
20% of the excess over P250,000
P400,000
Over P400,000 but not over P30,000 + 25% of the excess over
P800,000 P400,000
Over P800,000 but not over P130,000 + 30% of the excess over
P2,000,000 P800,000
Over P2,000,000 but not over P490,000 + 32% of the excess over
P8,000,000 P2,000,000
P2,410,000 + 35% of the excess over
Over P8,000,000
P8,000,000
EFFECTIVE DATE JANUARY 1, 2023
Not over P250,000 0%
Over P250,000 but not over
15% of the excess over P250,000
P400,000
Over P400,000 but not over P22,500 + 20% of the excess over
P800,000 P400,000
Over P800,000 but not over P102,500 + 25% of the excess over
P2,000,000 P800,000
Over P2,000,000 but not over P402,500 + 30% of the excess over
P8,000,000 P2,000,000
P2,202,500 + 35% of the excess over
Over P8,000,000
P8,000,000

[return to index]

YEAR-END-ADJUSTMENT

On or before the calendar year and prior to the payment of the compensation for last payroll
period, the employer shall determine the sum of the taxable regular and supplementary
compensation paid to each employee for the whole year and must ensure that the tax due is equal
to tax withheld.

ANNUALIZED WITHHOLDING TAX FORMULA


Gross Compensation Income (present + previous employer)                                         
Px x x x 

Less: Non-Taxable/Exempt Compensation Income

1. 13th month pay and other benefits                                         P90,000.00


2. SSS, GSIS, PHIC, HDMF and union dues (employee share)          x x x x x x
3. Other Non-Taxable salaries (P250,000)                                     x x x x x x         
x x x x 

Taxable Compensation Income                                                                         


Px x x x

Tax Due                                                                                                 
Pxxxx

Less: Tax Withheld (January to November/termination date)                                         


P x x x x 

Tax to be withheld for December/last payroll period                                                   


Px x x  x

Collectible : Tax Due> tax withheld  - collect before payment of last salary

Refund:      Tax Due< tax withheld -  refund on or before January 25th of the year/ last payment
of salary

Break even:  Tax due = tax withheld    - no more withholding for December salary
[return to index]

WITHHOLDING TAX FORMS

WITHHOLDING TAX FORMS DESCRIPTION


REGISTRATION FORM  
BIR FORM NO. 1901 Application for Registration for Self-Employed and Mixed Income Individuals, Estates and Trusts
BIR FORM NO. 1902 Application for Registration for Individuals Earning Purely Compensation Income and Non-Residnet Citizens/Resident
BIR FORM NO. 1903 Application for Registration for Corporations/Partnerships (Taxable/Non-Taxable), including GAIs and LGUs
Application for Registration for One-time Taxpayer and Persons Registering under E.O. 98 (Securing a TIN to be able t
BIR FORM NO. 1904
office)
BIR FORM NO. 1905 Application for Information Update
PAYMENT FORM  
BIR FORM NO. 0605 Payment form
BIR FORM NO. 0619-E Monthly Remittance Form of Creditable Income Taxes Withheld (Expanded)
BIR FORM NO. 0619-F Monthly Remittance Form of Final Income Taxes Withheld 
REMITTANCE FORM  
BIR FORM NO. 1600-VT Monthly Remittance Return of Value-Added Tax 
BIR FORM No. 1600-PT Monthly Remittance Return of Percentage Tax 
BIR FORM NO. 1600WP Remittance Return of Percentage Tax on Winnings and Prizes Withheld by Race Track Operators
BIR FORM NO. 1601-C Monthly Remittance Return of Income Taxes Withheld on Comnpensation
BIR FORM NO. 1601-EQ Quarterly Remittance Return of Creditable Income Taxes withheld (Expanded)
BIR FORM NO. 1601-FQ Quarterly Remittance Return of Final Income Taxes Withheld
BIR FORM NO. 1602-Q Quarterly Remittance Return of Final Taxes Withheld on Interest Paid on Deposits and Deposits Substitutes/Trusts/Et
BIR FORM NO. 1603-Q Quarterly Remittance Return of Final Income Taxes Withheld on Fringe benefits Paid to Employees Other Than Rank a
CERTIFICATES  
BIR FORM NO. 2304 Certificate of Income Payment Not Subject to Withholding Tax (Excluding Compensation Income)
BIR FORM NO. 2306 Certificate of Final Tax Withheld at Source
BIR FORM NO. 2307 Certificate of Creditable Tax Withheld at Source
BIR FORM NO. 2316 Certificate of Compensation Payment/Tax Withheld
[return to index]

MODE OF FILING AND PAYMENT

DUE DATE  
WITHHOLDING TAX FORMS
eFPS Manual
PAYMENT FORM    
BIR FORM NO. 0605    
BIR FORM NO. 0619-E Filing - see Schedule in RR 26-2002
on or before the tenth (10th)
BIR FORM NO. 0619-F Payment - on or before the fiftenth (15th) day of the following month
month
REMITTANCE FORM    
BIR FORM NO. 1600-VT
on or before the tenth (10th) day following the close of the
BIR FORM NO. 1600-PT
month
BIR FORM NO. 1600WP on or before the tenth (10th)
Filing - see Schedule in RR 26-2002 month 
BIR FORM NO. 1601-C
Payment - on or before the fiftenth (15th) day of the following
month 
BIR FORM NO. 1601-EQ
BIR FORM NO. 1601-FQ
last day of the month following the close of the quarter    last day of the month followin
BIR FORM NO. 1602-Q
BIR FORM NO. 1603-Q

SCHEDULE OF STAGGERED FILING

Filing via eFPS


Group A - Fifteen (15) days following the end of the month
Group B - Fourteen (14) days following the end of the month
Group C - Thirteen (13) days following the end of the month
Group D - Twelve (12) days following the end of the month
Group E -  Eleven (11) days following the end of the month

Note: The staggered manner of filing is only allowed to taxpayers using the Electronic Filing and
Payment System (EFPS) based on the industry classification groupings per RR No. 26-2002.

However, the staggered filing of returns allowed for withholding agents/taxpayers enrolled in the
EFPS facility of the Bureau shall not apply in the case of the NGAs per RR 1-2013.

[return to index]

SUBSTITUTED FILING

An individual taxpayer will no longer have to personally file his own Income Tax Return (BIR Form
1700) but instead the employer's Annual Information Return on Income Taxes Withheld (BIR Form
No. 1604-C) filed will be considered as the "substitute" ITR of the employee.

REQUISITES FOR INDIVIDUALS QUALIFIED FOR SUBSTITUTED FILING OF BIR FORM NO. 1700

1. Receives purely compensation income regardless of amount;


2. Compensation from only one employer in the Philippines for the calendar year;
3. Income tax has been withheld correctly by the employer (tax due equals tax withheld);
4. the employee's spouse also complies with all the three conditions stated above;
5. Employer files the BIR Form No. 1604-C; and
6. The employer issues each employee BIR Form No. 2316 (latest version)

NOTE:
All the above requisites must be present. The annual Information Return of Income Taxes
Withheld on Compensation (BIR Form No. 1604-C) filed by their respective employers filed their
respective employers duly submitted to the eSubmission facility of the BIR.

REQUISITES FOR INDIVIDUALS NOT QUALIFIED FOR SUBSTITUTED FILING OF BIR FORM NO.
1700

1. Individuals with two or more employers concurrently and/or successively at anytime during
the taxable year.
2. Employees whose income tax have not been withheld correctly resulting to collectible or
refundable return.
3. Individuals deriving other non-business, non-profession-related income in addition to
compensation income not otherwise subject to final tax.
4. Individuals receiving purely compensation income from a single employer whose income tax
has been correctly withheld but whose spouse does not qualify tor substituted filing.
5. Non-resident aliens engaged in trade or business in the Philippines deriving purely
compensation income or compensation income and other non-related business, non-
profession-related income.

SUBMISSION OF BIR FORM NO. 2316 

The employer are required to submit the duplicate original copy of BIR Form No. 2316 to the
Revenue District Office where they are registered on or before February 28 

For Large Taxpayer or other Non-LT Taxpayers who opted to submit thru the Digital Versatile Disk
(DVD) prescribed under RR2-2015 shall use Universal Storage BUS (USB) memory stick or other
similar storage devices may be used in the absence or unavailability of the DVD's provided that
the scanned copies of the said forms shall be made uneditable format.
For Large Taxpayer or Non-LT taxpayers shall use the prescribed format (Annex F) in RR 11-2018
for the preparation of the Certified List of Employees Qualified for Substituted Filing of ITR. 

[return to index]

EXPANDED WITHHOLDING TAX

The Withholding of Creditable Tax at Source or simply called Expanded Withholding Tax is a tax
imposed and prescribed on the items of income payable to natural or juridical persons, residing in
the Philippines, by a payor-corporation/person which shall be credited against the income tax
liability of the taxpayer for the taxable year.

Tax Rates

 TAX  TAX ATC


 DESCRIPTION 
TYPE  RATE  IND CORP
WE Professional fees (Lawyers, CPA's, Engineers, etc.)      
 WI01
      - if the gross income for the current year did not exceed P3M  5%  
0  
      - if gross income is more than 3M or VAT registered regardlessof amount 10% WI011  
WE Professional fees (Lawyers, CPA's, Engineers, etc.)      
 WC01
      - if gross income for the current year did not exceed P720,000 10%  

      - if gross income exceeds P720,000 15%   WC011
Professional entertainer such as, but not limited to actors and actresses, singers, lyricist,
WE      
composers, emcees
      - if the gross income for the current year did not exceed P3M 5% WI020  
      - if gross income is more than 3M or VAT registered regardless of amount 10% WI021  
WE Professional entertainer such as, but not limited to actors and actresses, singers, lyricist,      
composers, emcees
      - if gross income for the current year did not exceed P720,000 10%   WC020
      - if gross income exceeds P720,000 15%   WC021
WE Professional athletes including basketball players, pelotaris and jockeys      
 WI03
      - if the gross income for the current year did not exceed P3M  5%  
0
      - if gross income is more than 3M or VAT registered regardless of amount 10% WI031  
WE Professional athletes including basketball players, pelotaris and jockeys      
      - if gross income for the current year did not exceed P720,000 10%   WC030
      - if gross income exceeds P720,000 15%   WC031
WE All directors and producers involved in movies, stage, television and musical productions      
      - if the gross income for the current year did not exceed P3M 5% WI040  
      - if gross income is more than 3M or VAT registered regardless of amount 10% WI041  
WE All directors and producers involved in movies, stage, television and musical productions      
      - if gross income for the current year did not exceed P720,000 10%   WC040
      - if gross income exceeds P720,000 15%   WC041
WE Management and technical consultants      
      - if the gross income for the current year did not exceed P3M 5%  WI050  
      - if gross income is more than 3M or VAT registered regardless of amount 10%  WI051  
WE Management and technical consultants      
      - if gross income for the current year did not exceed P720,000 10%   WC050
      - if gross income exceeds P720,000 15%   WC051
WE Business and Bookkeeping agents and agencies      
       - if the gross income for the current year did not exceed P3M 5% WI060  
      - if gross income is more than 3M or VAT registered regardless of amount 10% WI061  
WE Business and Bookkeeping agents and agencies      
       - if gross income for the current year did not exceed P720,000 10%   WC060
      - if gross income exceeds P720,000 15%   WC061
WE Insurance agents and insurance adjusters      
       - if the gross income for the current year did not exceed P3M 5% WI070  
      - if gross income is more than 3M or VAT registered regardless of amount 10% WI071  
WE Insurance agents and insurance adjusters      
      - if gross income for the current year did not exceed P720,000 10%   WC070
      - if gross income exceeds P720,000 15%   WC071
WE Other Recipients of Talent Fees      
      - if the gross income for the current year did not exceed P3M 5% WI080  
      - if gross income is more than 3M or VAT registered regardless of amount 10% WI081  
WE Other Recipients of Talent Fees      
      - if gross income for the current year did not exceed P720,000 10%   WC080
      - if gross income exceeds P720,000 15%   WC081
WE Fees of Director who are not employees of the company      
      - if the gross income for the current year did not exceed P3M 5% WI090  
      - if gross income is more than 3M or VAT registered regardless of amount 10% WI091  
Rentals Oon gross rental or lease for the continued use or possession of personal property in
excess of P10,000 annually and real property used in business which the payor or obligor has not
WE 5% WI100 WC100
taken title or is not taking title, or in which has no equity; poles, satellites, transmission facilities
and billboards
Cinemathographic film rentals and other payments to resident indivduals and corporate
WE 5% WI110 WC110
cinematographic film owners, lessors and distributors
WE Income payments to certain contractors 2% WI120 WC120
WE Income distribution to the beneficiaries of estate and trusts 15% WI130  
Gross Commission of service fees of customs, insurance, stock, immigration and commercial
WE brokers, fees of agents of professional entertainers and real estate service practitioners (RESPs)      
(i.e. real estate consultants, real estate appraisers and real estate brokers
       - if the gross income for the current year did not exceed P3M 5% WI139  
       - if gross income is more than 3M or VAT registered regardless of amount 10% WI140  
Gross Commission of service fees of customs, insurance, stock, immigration and commercial
WE brokers, fees of agents of professional entertainers and real estate service practitioners (RESPs)      
(i.e. real estate consultants, real estate appraisers and real estate brokers
     - if gross income for the current year did not exceed P720,000 10%   WC139
     - if gross income exceeds P720,000 15%   WC140
Professional fees paid to medical practitioners (includes doctors of medicine, doctors of
WE veterinary science & dentist)  by hospitals & clinics or paid directly by HMO and/or other semilar      
establishments
     - if the gross income for the current year did not exceed P3M 5% WI151  
     - if gross income is more than 3M or VAT registered regardless of amount 10% WI150  
Professional fees paid to medical practitioners (includes doctors of medicine, doctors of
WE veterinary science & dentist)  by hospitals & clinics or paid directly by HMO and/or other semilar      
establishments
     - if gross income for the current year did not exceed P720,000 10%   WC151
    - if gross income exceeds P720,000 15%   WC150
WE Payment by the General Professional Partnership (GPPs) to its partners      
     - if gross income for the current year did not exceed P720,000 10% WI152  
    - if gross income exceeds P720,000 15% WI153  
1% OF 1/2
WE Income payments made by credit card companies of gross WI158 WC158
amount
Additional Income Payments to govt personnel from importers, shipping and airline companies or
WE 15% WI159  
their agents for overtime services
Income Payment made by NGAs, LGU, & etc to its local/resident suppliers of goods other than
WE 1% WI640 WC640 
those covered by other rates of withholding tax
Income Payment made by NGAs, LGU, & etc to its local/resident suppliers of services other than
WE  2% WI157 WC157 
those covered by other rates of withholding tax
Income Payment made by top withholding agents to their local/resident suppliers of goods other
WE 1% WI158 WC158
than those covered by other rates of withholding tax
Income Payment made by top withholding agents to their local/resident suppliers of services
WE 2% WI160 WC160
other than those covered by other rates of withholding tax
Commissions, rebates, discounts and other similar considerations paid/granted to independent
WE and/or exclusive sales representatives and marketing agents and sub-agents of companies,      
including multi-level marketing companies
       - if the gross income for the current year did not exceed P3M 5% WI515 WC515
      -  if the gross income is more than P3M or VAT registered regardless of amount 10% WI516 WC516
WE Gross payments to embalmers by funeral parlors 1% WI530  
WE Payments made by pre-need companies to funeral parlors 1% WI535 WC535
WE Tolling fees paid to refineries 5% WI540 WC540
Income payments made to suppliers of agricultural supplier products in excess of cumulative
WE 1% WI610 WC610
amount of P300,000 within the same taxable year
Income payments on purchases of minerals, mineral products and quarry resources, such as but
WE not limited to silver, gold, granite, gravel, sand, boulders and other mineral products except 5% WI630 WC630
purchases by Bangko Sentral ng Pilipinas
Income payments on purchases of minerals, mineral products and quarry resources by Bangko
WE 1% WI632 WC632
Sentral ng Pilipinas ((BSP) from gold miners/suppliers under PD 1899, as amended by RA No. 7076
On gross amount of refund given by MERALCO to customers with active contracts as classified
WE 15% WI650 WC650
by MERALCO
On gross amount of refund given by MERALCO to customers with terminated contracts as
WE 15% WI651 WC651
classified by MERALCO
On gross amount of interest on the refund of meter deposits whether paid directly to the
WE customers or applied against customer's billings of Residential and General Service customers 10% WI660 WC660
whose monthly electricity consumption exceeds 200 kwh as classified by MERALCO
On gross amount of interest on the refund of meter deposits whether paid directly to the
WE customers or applied against customer's billings of Non-Residential customers whose monthly 10% WI661 WC661
electricity consumption exceeds 200 kwh as classified by MERALCO
On gross amount of interest on the refund of meter deposits whether paid directly to the
customers or applied against customer's billings of Residential and General Service customers
WE 10% WI662 WC662
whose monthly electricity consumption exceeds 200 kwh as classified by other  by other
electric Distribution Utilities (DU)
On gross amount of interest on the refund of meter deposits whether paid directly to the
customers or applied against customer's billings of Non-Residential customers whose monthly
WE 10% WI663 WC663
electricity consumption exceeds 200 kwh as classified by other electric Distribution Utilities
(DU)
Income payments made by political parties and candidates of local and national elections on all
their purchases of goods and services relkated to campaign expenditures, and income payments
WE 5% WI680 WC680
made by individuals or juridical persons for their purchases of goods and services intented to be
given as campaign contribution to political parties and candidates
WE Income payments received by Real Estate Investment Trust (REIT) 1%   WC690
Interest income denied from any other debt instruments not within the coverage of deposit
WE 15% WI710 WC710
substitutes and Revenue Regulations 14-2012
WE Income payments on locally produced raw sugar 1% WI720 WC720

[return to index]

FINAL WITHHOLDING TAX

          The amount of income tax withheld by the withholding agent is constituted as a full and
final payment of income tax due from the payee of the said income.
          The liability for payment of tax rests primari;y on the payor as a withholding agent.
Failure to withhold the tax or in case of under withholding, the deficiency tax shall be collected
from payor/withholding agent.

          The payee is not required to file an income tax return for the particular income.

 TAX  TAX ATC


 DESCRIPTION
TYPE RATE IND CORP
 WC18
WF Interest on Foreign loans payable to Non-Resident Foreign Corporation (NRFCs)  20%  
0
Interest and other income payments on foreign currency transactions/loans payable of Offshore  WC19
WF 10%   
Banking Units (OBUs) 0 
Interest and other income payments on foreign currency transactions/loans payable of Foreign  WC19
WF 10%   
Currency Deposits Units (FCDUs) 1
W120
 10%  
WF Cash dividend payment by domestic corporation to citizens ans residents aliens/NRFCs 2 
30%   WC212
WI20
10%  
WF Property dividend payment by domestic corporation to citizens and resident aliens/NRFCs 3
30%   WC213
Cash dividend payment by domestic corporation to NFRCs whose countries allowed tax deemed paid  WC22
WF  15%  
credit (subject to tax sparing rule) 2
Property dividend payment by domestic corporation to NFRCs whose countries allowed tax deemed
  15%   WC223
paid credit (subject to tax sparing rule)
Cash dividend payment by domestic corporation to non-resident alien engaged in Trade or Business WI22
WF 20%  
within the Philippines (NRAETB)  4
WI22
WF Property dividend payment by domestic corporation to NRAETB 20%   

Share of NRAETB in the distributable net income after tax of a partnership (except GPPs) of which he
WI22
WF is a partner, or share in the net income after tax of an association, joint account or a joint venture 20%  
6
taxable as a corporation of which he is a member or a co-venturer   
WF On other payments to NRFCs     30%   WC230 
Distributive share of individual partners in a taxable partnership, association, joint account or joint WI24
WF 10%   
venture or consortium 0 
WF All kinds of royalty payments to citizens, resident aliens and NRAETB (other than WI380 and WI341), 20%  WI25  WC25
domestic and resident foreign corporations    0 0
WI26
WF On prizes exceeding P10,000 and other winnings paid to individuals    20%   

WF Branch profit remittance by all corporations except PEZA/SBMA/CDA registered 15%    WC280 
On the gross rentals, lease and charter fees derived by non-resident owner or lessor of foreign
WF 4.5%   WC290 
vessels    
On gross rentals, charter and other fees derived by non-resident lessor or aircraft, machineries and
WF 7.5%   WC300 
equipment
WI31
WF On payments to oil exploration service contractors/sub-contractors 8%  WC310 

Payments to non-resident alien not engage in trade or business within the Philippines (NRANETB) WI33
WF 25%  
except on sale of shares in domestic corporation and real property 0
On payments to non-residnet individual/foreign corporate cinematographic film owners, lessors or WI34
WF 25% WC340
distributors 0
WI34
WF Royalties paid to NRAETB on cinematographic films and similar works 25%   

Final tax on interest or other payments upon tax-free covenant bonds, mortgages, deeds of trust or WI35
WF 30%  
other obligations under Sec. 57C of the NIRC of 1997, as amended    0
Royalties paid to citizens, resident aliens and nraetb on books, other literary works and musical WI38
WF 10%  
compositions 0
WI41
WF Informers cash reward to individuals/juridical persons 10%  WC410 

WI70
WF Cash on property dividend paid by a Real Estate Investment Trust   10% WC700
0

[return to index]

FRINGE BENEFITS GRANTED TO EMPLOYEES (EXCEPT RANK AND FILE EMPLOYEES)


Fringe Benefit means any good, service or other benefits furnished or granted in cash or in kind by
an employer to an individual employee (except rank and file) such as but not limited to the
following:

a. Housing
b. Expense account
c. Vehicle of any kind
d. Household personnel (maid, driver and others)
e. Interest on loan at less than market rate to the extent of the difference between the market
rate and actual rate granted
f. membership fees, dues and other expenses borne by the employer for the employee in social
and athletic clubs or other similar organizations
g. Expenses for foreign travel
h. Holiday and vacation expenses
i. Educational assistance to employee or his dependents; and
j. Life or health insurance and other non-life insurance premiums or similar amounts in excess
of what the law allows.

[return to index]

WITHHOLDING TAX ON GOVERNMENT MONEY PAYMENTS (GMP) - PERCENTAGE TAXES

Withholding Tax on Government Money Payments (GMP) - Percentage Taxes - is the tax withheld
by National Government Agencies (NGAs) and instrumentalities, including government-owned and
controlled corporations (GOCCs) and local government units (LGUs), before making any payments
to non-VAT registered taxpayers/suppliers/payees.
TAX
DESCRIPTION RATE ATC
TYPE
Applicable to Government Withholding Agent Only
WV VAT withholding on Purchase of Goods 5% WV010
WV VAT Withholding on Purchase of Services 5% WV020
Applicable to Both Government and Private Withholding Agents
WV VAT Withholding from non-residents (Government Withholding Agents) 12% WV040
WV VAT Withholding from non-residents (Private Withholding Agents) 12% WV050
WV VAT Withholding on Purchases of Goods (with waiver of privilege to claim tax credit) creditable 12% WV012
WV VAT Withholding on Purchases of Goods (with waiver of privilege to claim input tax credit) final 12% WV014
WV VAT Withholding on Purchases of Services (with waiver of privilege to claim input tax credit) creditable 12% WV022
WV VAT Withholding on Purchases of Services (with waiver of privilege to claim input tax credit) final 12% WV024
Applicable to Government Withholding Agent Only
WB Tax on Carriers and Keepers of Garages 3% WB030
WB  Franchise Tax on Gas and Utilities 2% WB040
Franchise tax on radio & TV broadcasting companies whose annual gross receipts do not exceed P10M
WB  3% WB050
& who are not-VAT registered taxpayer
WB  Tax on Life insurance premiums 2% WB070
WB  Tax on Overseas Dispatch, Message or Conversation from the Philippines 10% WB090
WB  Business tax on Agents of Foreign Insurance companies - Insurance Agents  4%  WB120 
WB  Business tax on Agents of Foreign Insurance companies - owner of the property 5% WB121
WB  Tax on international carriers 3% WB130
WB  Tax on Cockpits 18% WB140
Tax on amusement places, such as cabarets, night and day clubs, videoke bars, karaoke bars, karaoke
WB  18%  WB150 
televion, karaoke boxes, music lounges and other similar establishments
WB Taxes on Boxing exhibitions 10% WB160
WB Taxes on professional basketball games 15% WB170
WB Tax on jai-alai and race tracks 30% WB180
6/10
WB Tax on sale barter or exchange of stocks listed and traded through Local Stock Exchange WB200
of 1%
4% WB201
Tax on shares of stocks sold or exchanged through initial and secondary public offering       - Not over
WB 2% WB202
25%       - Over 25% but not exceeding 33 1/3%       - Over 33 1/3%
1% WB203
WB Tax on Banks and Non-banks Financial Intermediaries Performing Quasi Banking Dunctions    
        A. On interest, commissions and discounts from lending activities as well as income from financial   5%   WB301
leasing on the basis of the remaining maturities of instruments from which receipts are derived          -
1% WB302
Maturity period is five years or less          - Maturity period is more than five years
        B. On dividends and equity shares and net income of subsidiaries 0% WB102
      C. On royalties, rentals of property, real or personal, profits from exchange and all other items
  7% WB103
treated as gross income under the Code
      D. On net trading gains within the taxable year on foreign currency, debt securities, derivatives and
  7% WB104
other similar financial instruments
WB Tax on Other Non-Banks Financial Intermediaries nor performing Quasi-Banking Functions    
      A. On interest, commissions and discounts from lending activities as well as income from financial
  5% WB108
  leasing on the basis of the remaining maturities of instruments from which such receipts are derived    
1%   WB109
- Maturity period is five years or less           - Maturity period is more than five years
        B. On all  other items treated as gross income under the Code 5% WB110
APPLICABLE TO BOTH GOVERNMENT AND PRIVATE WITHHOLDING AGENTS
  Persons exempt from VAT under Sec. 108BB (creditable) Government Withholding Agent 3% WB080
  Persons exempt from VAT under Sec. 108BB (creditable) Private Withholding Agent 3% WB082
  Persons exempt from VAT under Section 109BB (Section 116 applies) 3% WB084

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