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Withholding Tax on Compensation is the tax withheld from income payments to individuals
arising from an employer-employee relationship.
Expanded Withholding Tax 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.
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.
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
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.
There are two main classifications or types of withholding tax. These are:
2) What is compensation?
It means any remuneration received for services performed by an employee from his employer
under an employee-employer relationship.
- Overtime Pay
- Fees, including director's fees
- Commission
- Profit Sharing
- Monetized Vacation and Sick Leave
- Fringe benefits received by rank & file employees
- Hazard Pay
- Taxable 13th month pay and other benefits
- Other remunerations received from an employee-employer relationship
b. Any amount received by an official or employee or by his heirs from the employer due to
death, sickness or other physical disability or for any cause beyond the control of the said official
or employee such as retrenchment, redundancy or cessation of business
c. Social security benefits, retirement gratuities, pensions and other similar benefits
d. Payment of benefits due or to become due to any person residing in the Philippines under the
law of the US administered by the US Veterans Administration
f. Benefits received from the GSIS Act of 1937, as amended, and the retirement gratuity received
by the government official and employees
2. Remuneration paid for agricultural labor and paid entirely in products of the farm where the
labor is performed
4. Remuneration for casual labor not in the course of an employer's trade or business
5. Compensation for services by a citizen or resident of the Philippines for a foreign government
or an international organization
11. Thirteenth (13th) month pay and other benefits (not to exceed P 30,000)
13. Compensation Income of Minimum Wage Earners (MWEs) with respect to their Statutory
Minimum Wage (SMW) as fixed by Regional Tripartite Wage and Productivity Board
(RTWPB)/National Wage and Productivity Commission (NWPC), including overtime pay,
holiday pay, night shift differential and hazard pay, applicable to the place where he/she is
assigned.
14. Compensation Income of employees in the public sector if the same is equivalent to or not
more than the SMW in the non-agricultural sector, as fixed by RTWPB/NWPC, including
overtime pay, holiday pay, night shift differential and hazard pay, applicable to the place where
he/she is assigned.
- These are facilities and privileges of relatively small value and are offered or furnished by the
employer to his employees merely as means of promoting their health, goodwill, contentment or
efficiency. The following shall be considered "De Minimis" benefits not subject to income tax,
hence not subject to withholding tax on compensation income of both managerial and rank and
file employees:
Monetized unused vacation leave credits of private employees not exceeding ten (10) days
during the year;
Monetized value of vacation and sick leave credits paid to government officials and employees.
Medical cash allowance to dependents of employees, not exceeding P750.00 per employee per
semester or P125.00 per month;
Rice subsidy of P1,500 or one (1) sack of 50 kg. rice per month amounting to not more than
P1,500;
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 per annum;
Employees achievement awards, e.g., for length of service or safety achievement, which must
be 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;
Gifts given during Christmas and major anniversary celebration not exceeding P5,000.00 per
employee perannum;
Daily meal allowance for overtime work and night/graveyard shift not exceeding twenty-five
percent (25%) of the basic minimum wage on a per region basis;
Substituted Filing of ITR is the manner by which declaration of income of individuals receiving
purely compensation income the taxes of which have been withheld correctly by their employers.
Instead of the filing of Individual Income Tax Return (BIR Form 1700), the employers annual
information return (BIR Form No. 1604-CF) duly stamped received by the BIR may be
considered as the substitute Income Tax Return (ITR) of the employee, inasmuch as the
information provided therein are exactly the same information required to be provided in his
income tax return (BIR Form No. 1700). However, said employees may still file ITR at his/her
option.
b. Working for only one employer in the Philippines for the calendar year;
c. Tax has been withheld correctly by the employer (tax due equals tax withheld);
d. The employees spouse also complies with all three (3) conditions stated above.
e. The employer files the annual information return (BIR Form No. 1604-CF)
Note: For those employees qualified under the substituted filing, the employer
- Those individually engaged in the practice of professions or callings such as lawyers; certified
public accountants; doctors of medicine; architects; civil, electrical, chemical, mechanical,
structural, industrial, mining, sanitary, metallurgical and geodetic engineers; marine surveyors;
doctors of veterinary science; dentist; professional appraisers; connoisseurs of tobacco; actuaries;
interior decorators, designers, real estate service practitioners (RESPs), (i. e. real estate
consultants, real estate appraisers and real estate brokers) requiring government licensure
examination given by the Real Estate Service pursuant to Republic Act No. 9646 and all other
profession requiring government licensure examinations and/or regulated by the Professional
Regulations Commission, Supreme Court, etc.
- Professional entertainers such as but not limited to actors and actresses, singers, lyricist,
composers and emcees
- Directors and producers involved in movies, stage, radio, television and musical productions
- Fees of directors who are not employees of the company paying such fees whose duties are
confined to attendance at and participation in the meetings of the Board of Directors
b) Professional fees, talent fees, etc for services of taxable juridical persons
c) Rentals:
- Rental of billboards
- Specialty contractors
1. Filling, demolition and salvage work contractors and operators of mine drilling apparatus
2. Operators of dockyards
3. Persons engaged in the installation of water system, and gas or electric light, heat or power
5. Transportation Contractors
6. Printers, bookbinders, lithographers and publishers, except those principally engaged in the
publication or printing of any newspaper, magazine, review or bulletin which appears at regular
intervals, with fixed prices for subscription and sale
7. Advertising agencies, exclusive of payments to media
8. Messengerial, janitorial, security, private detective, credit and/or collection agenciesand other
business agencies
12. Persons engaged in the installation of elevators, central air conditioning units, computer
machines and other equipment and machineries and the maintenance services thereon
13. Persons engaged in the sale of computer services, computer programmers, software
developer/designer, etc.
16. TV and radio station operators on sale of TV and radio airtime, and
g) Gross commissions of customs, insurance, stock, immigration and commercial 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) who failed or did not take up the
licensure examination given by and not registered with the Real Estate Service under the
Professional Regulations Commission
j) Gross selling price or total amount of consideration or its equivalent paid to the seller/owner
for the sale, exchange or transfer of real property classified as ordinary asset
k) Additional income payments to government personnel from importers, shipping and airline
companies or their agents
l) Certain income payments made by credit card companies
m) Income payments made by the top 20,000 private corporations to their purchase of goods and
services from local/resident suppliers other than those covered by other rates of withholding
n) Income payments by government offices on their purchase of goods and services, from
local/resident suppliers other than those covered by other rates of withholding
v) Interest income on the refund paid through direct payment or application against customers'
billing by other electric Distribution Utilities in accordance with the rules embodied in ERC
Resolution No. 8 series of 2008 dated June 4, 2008 governing the refund of meter deposits which
was approved and adopted by ERC in compliance with the mandate of Article 8 of the Magna
Carta for Residential Electricity Consumers and Article 3.4.2 of DSOAR exempting all
electricity consumers, whether residential or non-residential from the payment of meter deposit.
w) Income payments made by the top 5,000 individual taxpayers to their purchase of goods and
services from their local/resident suppliers other than those covered by other rates of withholding
x) Income payments made by political parties and candidates of local and national elections of
all their campaign expenditures, and income payments made by individuals or juridical persons
for their purchases of goods and services intended to be given as campaign contribution to
political parties and candidates
y) Interest Income derived from any other debt instruments not within the coverage of deposit
substitutes and RR No. 14-2012
z) Income payments subject to Withholding Tax received by Real Estate Investment Trust (REIT)
(Sec.12 of RR No. 13-2011)
c) Income Derived from All Sources Within the Philippines by a Non-Resident Alien Individual
Not Engaged in Trade or Business
- On gross amount of income derived from all sources within the Philippines
- On Capital Gains presumed to have been realized from the sale, exchange or disposition of real
property located in the Philippines
- Interest from any currency bank deposits and yield or any other monetary benefit from deposit
substitutes and from trust fund and similar arrangements derived from sources within the
Philippines
- Interest income derived from a depository bank under the Expanded Foreign Currency Deposit
(FCDU) System
- Income derived by a depository bank under the FCDU from foreign transactions with local
commercial banks
- On capital gains presumed to have been realized from the sale, exchange or other disposition of
real property located in the Philippines classified as capital assets, including pacto de retro sales
and other forms of conditional sales based on the gross selling price or fair market value as
determined in accordance with Sec. 6(E) of the NIRC, whichever is higher
- Interest on any currency bank deposits and yield or any other monetary benefit from deposit
substitute and from trust funds and similar arrangements and royalties derived from sources
within the Philippines
- Income derived by a depository bank under the expanded foreign currency deposits system
from foreign currency transactions with local commercial banks
g) Income Derived from all Sources Within the Philippines by a Non-Resident Foreign
Corporation
- Gross income from all sources within the Philippines such as interest, dividends, rents,
royalties, salaries, premiums (except re-insurance premiums), annuities, emoluments or other
fixed determinable annual, periodic or casual gains, profits and income or capital gains;
- Gross income from all sources within the Philippines derived by a non-resident
cinematographic film owner, lessor and distributor
- On the gross rentals, lease and charter fees derived by a non-resident owner or lessor of vessels
from leases or charters to Filipino citizens or corporations as approved by the Maritime Industry
Authority
- On the gross rentals, charter and other fees derived by a non-resident lessor of aircraft,
machineries and other equipment
- Housing
- Vehicle of any kind
- Interest on loans
- Expenses for foreign travel
- Holiday and vacation expenses
- Educational assistance to employees or his dependents
- Membership fees, dues and other expense in social and athletic clubs or other
- similar organizations
- Health insurance
i) Informers Reward
j) Cash or property dividends paid by a Real Estate Investment Trust (REIT) pursuant to Section
13 of RR 13-2011
10) Aside from the required withholding of income tax by government agencies and
instrumentalities on their payments to their suppliers of goods and services, what other tax types
must be withheld by them.
- Any person engaged in business whose gross sales or receipts do not exceed P1,919,500 (RR 3-
2012) and who are not VAT-registered persons. (Persons exempt from VAT under Sec. 109V of
the Tax Code)
- Domestic carriers and keepers of garages, except owners of bancas and owners of animal drawn
two wheeled vehicle
- Franchise grantees of radio and/or television broadcasting companies whose gross annual
receipts of the preceding year do not exceed Ten Million (P10,000,000.00) Pesos and did not opt
to register as VAT Taxpayers
- Communication providers with regards to overseas dispatch, messages or conversation from the
Philippines
- Proprietor, lessee, or operator of cockpits, cabarets, night or day clubs, videoke/karaoke bars,
karaoke television, karaoke boxes, music lounges and other similar establishments, boxing
exhibitions, professional basketball games, jai-alai and race tracks
- Every stock broker who effected a sale, barter, exchange or other disposition of shares of stock
listed and traded through the Local Stock Exchange (LSE) other than the sale by a dealer in
securities
- A corporate issuer/stock broker, whether domestic or foreign, engaged in the sale, barter,
exchange or other disposition through Initial Public Offering (IPO) /secondary public offering of
shares of stock in closely held corporations
12) What are the duties and obligations of the withholding agent?
The following are the duties and obligations of the withholding agent:
a) To Register - withholding agent is required to register within ten (10) days after acquiring such
status with the Revenue District office having jurisdiction over the place where the business is
located
b) To Deduct and Withhold - withholding agent is required to deduct tax from all money
payments subject to withholding tax
c) To Remit the Tax Withheld - withholding agent is required to remit tax withheld at the time
prescribed by law and regulations
d) To File Annual Return - withholding agent is required to file the corresponding Annual
Information Return at the time prescribed by law and regulations
e) To Issue Withholding Tax Certificates - withholding agent shall furnish Withholding Tax
Certificates to recipient of income payments subject to withholding
Top twenty thousand (20,000) private corporations shall include a corporate taxpayer who has
been determined and notified by the Bureau of Internal Revenue (BIR) as having satisfied any of
the following criteria:
a) Classified and duly notified by the Commissioner as a large taxpayer under Revenue
Regulation No. 1-98, as amended, or belonging to the top five thousand (5,000) private
corporations under RR 12-94, or to the top ten thousand (10,000) private corporations under RR
17-2003, unless previously de-classified as such or had already ceased business operations
(automatic inclusion);
b) VAT payment or payable whichever is higher, of at least P100,000 for the preceding year;
c) Annual income tax due of at least P200,000 for the preceding year;
d) Total percentage tax paid of at least P100,000 for the preceding year;
g) Total excise tax payment of at least P100,000 for the preceding year.
b) Taxes withheld shall be remitted using BIR Form 1601-E on a monthly basis thru the use of
the Electronic Filing and Payment System (EFPS) on the dates prescribed for e-filers. Filing
shall be done on a staggered basis provided under RR 26-2002 and payment shall be made every
15th day following the end of the month for Jan-Nov and Jan. 20 of the following year for the
month of December.
c) Certificate of Creditable Tax Withheld at Source (BIR Form No. 2307) shall be issued to the
payees within twenty (20) days following the close of such payees taxable quarter or upon
demand of the payees;
d) A list of regular supplier of goods and/or services shall be submitted on a semestral basis
through e-submission facility or as an attachment under Electronic Filing and Payment System
(EFPS). Deadline for submission of the list is not later than July 31 and January 31 of each year.
However, initial list of regular suppliers should be submitted within fifteen (15) days from actual
receipt hereof.
Top 5,000 Individual Taxpayers shall refer to individual taxpayers engaged in trade or business
or exercise of profession who have been determined and notified by the Bureau of Internal
Revenue (BIR) as having satisfied any of the following criteria:
a) VAT payment or payable whichever is higher, of at least P100,000 for the preceding year;
b) Annual income tax due of at least P200,000 for the preceding year;
c) Total percentage tax paid of at least P100,000 for the preceding year;
f) Total excise tax payment of at least P100,000 for the preceding year.
a) In addition to the obligations of a withholding agent, Top 5,000 Individual Taxpayers shall
withhold the one percent (1%) creditable expanded withholding on the purchase of goods and
two percent (2%) on the purchase of services (other than those covered by other withholding tax
rates) from local suppliers where it regularly makes purchases. However, casual purchase of
goods shall not be subject to withholding tax unless the amount of purchase at any one time
involves P10,000 or more, in which case, it shall then be required to withhold the tax. The same
rule apply to local/resident supplier of services other than those covered by separate rates of
withholding tax. Provided, however, that for purchases involving agricultural products in their
original state, the tax required to be withheld shall only apply to purchases in excess of the
cumulative amount of P300,000 within the same taxable year. For this purpose, agricultural
products in their original state shall only include corn, coconut, copra, palay, rice cassava, sugar
cane, coffee, fruits, vegetables, marine food products, poultry and livestocks.
b) Taxes withheld shall be remitted under BIR Form 1601-E on a monthly basis thru the
Electronic Filing and Payment System (EFPS) facility within the prescribed period.
c) Certificate of Creditable Tax Withheld at Source (BIR Form No. 2307) shall be issued to the
payees within twenty (20) days following the close of such payees taxable quarter or upon
demand of the payees;
d) A list of regular supplier of goods and/or services shall be submitted on a semestral basis
through e-submission facility or as an attachment under Electronic Filing and Payment System
(EFPS). Deadline for submission of the list is not later than July 31 and January 31 of each year.
However, initial list of regular suppliers should be submitted within fifteen (15) days from actual
receipt hereof.
17) Who are the responsible officials in the government offices charged with the duty to deduct,
withhold and remit withholding taxes?
The following officials are duty bound to deduct, withhold and remit taxes:
a) For Office of the Provincial Government-province- the Chief Accountant, Provincial Treasurer
and the Governor;
b) For Office of the City Government-cities- the Chief Accountant, City Treasurer and the City
Mayor;
e) For NGAs, GOCCs and other Government Offices, the Chief Accountant and the Head of
Office or the Official holding the highest position.