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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.

Frequently Asked Questions

1) Who are required to file Documentary Stamp Tax Declaration Return?

a) In case of constructive affixture of documentary stamps, by the persons 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;

b) By using the web-based Electronic Documentary Stamp Tax (eDST) System in the
payment/remittance of its/his/her DST liabilities and the affixture of the prescribed documentary
stamp on taxable documents; and

c) By Revenue Collection Agent, for remittance of sold loose documentary stamps.

Note: Wherever one party to the taxable document enjoys exemption from the tax imposed, the
other party who is not exempt will be the one directly liable to file Documentary Stamp Tax
Declaration and pay the applicable stamp tax.

2) Where is the Documentary Stamp Tax Declaration Return filed?

In the Authorized Agent Bank (AAB) within the territorial jurisdiction of the RDO which has
jurisdiction over the residence or principal place of business of the taxpayer or where the
property is located in case of sale of real property or where the Collection Agent is assigned. In
places where there is no Authorized Agent Bank, the return will be filed with the Revenue
Collection Officer or duly authorized City or Municipal Treasurer where the taxpayer's residence
or principal place of business is located or where the property is located in case of sale of real
property or where the Collection Agent is assigned.

3) What are the documents/papers not subject to Documentary Stamp Tax? (sec. 9, RR No. 13-
2004)

Policies of insurance or annuities made or granted by a fraternal or beneficiary society,


order, association or cooperative company, operated on the lodge system or local
cooperation plan and organized and conducted solely by the members thereof for the
exclusive benefit of each member and not for profit
Certificates of oaths administered by any government official in his official capacity or
acknowledgement by any government official in performance of his official duty
Written appearance in any court by any government official in his official capacity
Certificates of the administration of oaths to any person as to the authenticity of any
paper required to be filed in court by any person or party thereto, whether the proceedings
be civil or criminal
Papers and documents filed in court by or for the national, provincial, city or municipal
governments
Affidavits of poor persons for the purpose of proving poverty
Statements and other compulsory information required of persons or corporations by the
rules and regulations of the national, provincial, city or municipal government
exclusively for statistical purposes and which are wholly for the use of the Bureau or
office in which they are filed, and not at the instance or for the use or benefit of the
person filing them
Certified copies and other certificates placed upon documents, instruments and papers for
the national, provincial, city or municipal governments made at the instance and for the
sole use of some other branch of the national, provincial, city or municipal governments
Certificates of the assessed value of lands, not exceeding P200 in value assessed,
furnished by the provincial, city or municipal Treasurer to applicants for registration of
title to land
Borrowing and lending of securities executed under the Securities Borrowing and
Lending Program of a registered exchange, or in accordance with regulations prescribed
by the appropriate regulatory authority: Provided, however, That any borrowing or
lending of securities agreement as contemplated hereof shall be duly covered by a master
securities borrowing and lending agreement acceptable to the appropriate regulatory
authority, and which agreement is duly registered and approved by the Bureau of Internal
Revenue (BIR)
Loan agreements or promissory notes, the aggregate of which does not exceed Two
hundred fifty thousand pesos (P250,000), or any such amount as may be determined by
the Secretary of Finance, executed by an individual for his purchase on installment for his
personal use or that of his family and not for business or resale, barter or hire of a house,
lot, motor vehicle, appliance or furniture: Provided, however, That the amount to be set
by the Secretary of Finance shall be in accordance with a relevant price index but not to
exceed ten percent (10%) of the current amount and shall remain in force at least for three
(3) years
Sale, barter or exchange of shares of stock listed and traded through the local stock
exchange (R.A 9648)
Assignment or transfer of any mortgage, lease or policy of insurance, or the renewal or
continuance of any agreement, contract, charter, or any evidence of obligation or
indebtedness, if there is no change in the maturity date or remaining period of coverage
from that of the original instrument.
Fixed income and other securities traded in the secondary market or through an exchange.
Derivatives: Provided, That for purposes of this exemption, repurchase agreements and
reverse repurchase agreements shall be treated similarly as derivatives
Interbranch or interdepartmental advances within the same legal entity
All forebearances arising from sales or service contracts including credit card and trade
receivables: Provided, That the exemption be limited to those executed by the seller or
service provider itself.
Bank deposit accounts without a fixed term or maturity
All contracts, deeds, documents and transactions related to the conduct of business of the
Bangko Sentral ng Pilipinas
Transfer of property pursuant to Section 40(C)(2) of the National Internal Revenue Code
of 1997, as amended
Interbank call loans with maturity of not more than seven (7) days to cover deficiency in
reserves against deposit liabilities, including those between or among banks and quasi-
banks

4) What are the implications of failure to stamp taxable documents?

The untaxed document will not be recorded, nor will it or any copy thereof or any record
of transfer of the same be admitted or used in evidence in court until the requisite stamp
or stamps have been affixed thereto and cancelled
No notary public or other officer authorized to administer oaths will add his jurat or
acknowledgment to any document subject to Documentary Stamp Tax unless the proper
documentary stamps are affixed thereto and cancelled.

5) What is Electronic Documentary Stamp Tax (eDST) System? (sec. 5 (1), RR No. 7-2009)

The eDST is a web-based application created for taxpayers and the BIR that is capable of
affixing a secured documentary stamp on the taxable documents as defined under the appropriate
provisions under Title VII of the National Internal Revenue Code of 1997, as amended, thru the
use of a computer unit, any laser printer with at least 1200 dpi resolution, and Internet Explorer
7.0 It is also capable of providing a 3-layer watermark on stamps for added security.

6) Is DST Law applicable on Electronic Documents? (sec. 10, RR No. 13-2004)

The DST rates as imposed under the Code, as amended by R.A. 9243 shall be applicable on all
documents not otherwise expressly exempted by the said law, notwithstanding the fact that they
are in electronic form. As provided for by R.A. 8792, otherwise known as the Electronic
Commerce Act, electronic documents are the functional equivalent of a written document under
existing laws, and the issuance thereof is therefore tantamount to the issuance of a written
document, and therefore subject to DST.

7) What are the inclusions of a debt instrument? (sec. 5, RR No. 13-2004)

Debt Instrument shall mean instruments representing borrowing and lending transaction
including but not limited to:

debentures,
certificates of indebtedness,
due bills,
bonds,
loan agreements, including those signed abroad wherein the object of the contract
is located or used in the Philippines,
instruments and securities issued by the government or any of its
instrumentalities,
deposit substitute debt instruments,
certificates or other evidences of deposits that are drawing
instrument significantly higher than the regular savings deposit taking into
consideration the size of the deposit and the risks involved,
certificates or other evidences of deposits that are drawing interest and having
a specific maturity date,
promissory notes, whether negotiable or non-negotiable, except bank notes issued
for circulation.

8) Is any document, transaction or arrangement entered into under Financial Lease subject to
Documentary Stamp Tax? (RMC No. 46-2014)

Financial lease is akin to a debt rather than a lease. A nature of an obligation than a lease of
personal property. The mere act of extending credit is already a means of facilitating an
obligation or advancing in behalf of the lessee certain property in lieu of cash in exchange for a
definitive amortization to be paid to the lessor with profit margin included. Section 179 of the
NIRC, as amended, covers all debt instruments. Therefore, being a nature of an obligation, any
document, transaction or arrangement entered into under financial lease is subject to DST under
such Section of the NIRC, as amended.