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Tax Particulars National Internal Revenue Code of 1997 R. A. No.

10963
Tax on Persons exempt from VAT
Percentage tax Sec. 116 Any person whose sales or receipts are exempt from VAT [ITEM VETOED] Effective 1 January 2019, self-
and who is not a VAT-registered person shall pay a tax equivalent to employed and professionals with total annual gross
3% of his gross quarterly sales or receipts. sales and/or gross receipts not exceeding PHP500,000
shall be exempt from 3% gross receipts tax.
Disposition of Shares Sec. 127 (A) There shall be levied, assessed, and collected on every The tax rate imposed is increased to 6/10 of 1%.
of Stock Listed and sale, barter, exchange or disposition of shares of stock listed and
Traded through Local traded through local stock exchange other than the sale by a dealer
Stock Exchange or in securities, a tax rate of ½ of 1% of the gross selling price or gross
through IPO value in money of the shares of stock.
Returns and Payment Sec. 128 The Commissioner may prescribe the time for filing the Repealed
of Percentage Taxes return as well as the manner and time of payment, including a scheme
of tax prepayment of other percentage taxes.
Excise taxes
Imposition of excise Sec. 129 Excise taxes apply to goods manufactured or produced in Excise taxes also apply to services performed in the
tax the Philippines for domestic sales or consumption or for any other Philippines.
disposition and to things imported.
On cigars and Sec. 145 (B) and (C) Excise tax on cigarettes packed by hand shall be Imposes excise tax on both cigarettes packed by hand
cigarettes based on the following schedule: and packed by machines at the following schedule:

Effective 1 Jan. 2013 PHP12/pack Effective 1 Jan. 2018 P32.50/pack


1 Jan. 2014 15/pack 1 Jul. 2018 35/pack
1 Jan. 2015 18/pack 1 Jan. 2020 37.50/pack
1 Jan. 2016 21/pack 1 Jan. 2022 40/pack
1 Jan. 2017 30/pack

Excise tax on cigarettes packed by machine shall be based on the The rate of tax imposed shall be increased by 4% every
following schedule: year effective on 1 January 2024, through revenue
regulations issued by the Secretary of Finance.
Net retail price

Effective PHP11.50 and below More than PHP12.00


1 Jan. 2013 PHP12.00/pack PHP25.00/pack
1 Jan. 2014 PHP17.00/pack PHP27.00/pack
1 Jan. 2015 PHP21.00/pack PHP28.00/pack
1 Jan. 2016 PHP25.00/pack PHP29.00/pack
1 Jan. 2017 PHP30.00/pack PHP30.00/pack

Isla Lipana & Co./PwC Philippines | Tax Alert No. 34 | Republic Act No. 10963 14
Tax Particulars National Internal Revenue Code of 1997 R. A. No. 10963
Mandatory fuel No existing provision Sec. 148-A The Secretary of Finance shall require the
markings use of an official fuel marking or similar technology on
petroleum products refined, manufactured or imported
in the Philippines, and that are subject to the payment of
taxes and duties.
On excise tax on Sec. 149 Excise tax imposed on automobiles are as follows: Amended the schedule to read as follows:
automobiles
Automobiles Excise tax rate
Over Up to Excise tax rate Not over P600,000 4%
0 PHP600,000 2% Over 600,000 to 1,000,000 10%
600,000 1,100,000 12,000 + 20% in excess of Over 1,000,000 to 4,000,000 20%
600,000
Over 4,000,000 50%
1,100,000 2,100,000 112,000+ 40% in excess of
1,100,000
2,100,000 512,000 + 60% in excess of
2,100,000

Indexation of brackets by the Secretary of Finance every two years Hybrid vehicles shall be subject to 50% of the applicable
is pegged on a percentage of the change in the exchange rate of the excise tax rates on automobiles. Purely electric vehicles
Philippine peso against the United States dollar. and pick-ups shall be exempt from excise tax on
automobiles.

Jeeps are considered automobiles. Pick-ups are


considered as trucks (and as such are not considered
automobiles).

Indexation of brackets by the Secretary of Finance is


removed.
On non-essential No existing provision Sec. 150-A Imposes a 5% tax on gross receipts, net of
services excise tax and VAT derived from performance of invasive
cosmetic surgeries, procedures, and body enhancements
for aesthetic purposes.

Excise tax exempt are the following:


• Procedures necessary to ameliorate a deformity arising
from, or directly related to a congenital or developmental
defect or abnormality, a personal injury resulting from an
accident or trauma, or disfiguring disease, tumor, virus
or infection; and
• Cases or treatments covered by the National Health
Insurance Program.

Isla Lipana & Co./PwC Philippines | Tax Alert No. 34 | Republic Act No. 10963 17
Tax Particulars National Internal Revenue Code of 1997 R. A. No. 10963
Provision of counting • Importers of finished petroleum products shall also
and/or metering provide themselves with accredited metering devices.
devices to determine
volume of production
and importation
Authority of Internal Sec. 171 Authority of Internal Revenue Officer in Searching Taxable Authority of Internal Revenue Officer in Searching and
Revenue Officer in Articles Testing Taxable Articles
Searching and Testing Additional Provisions:
Taxable Articles • The Commissioner or his authorized representatives
may conduct periodic random field tests and
confirmatory tests on fuel required to be marked and
found in warehouses, storage tanks, gas stations
and other retail outlets, and in such other properties
of persons engaged in the sale, delivery, trading,
transportation, distribution or importation of fuel
intended for the domestic market.
• Random testing shall be conducted in the presence of
revenue or customs offices, fuel marking provider and
the authorized representative of the owner of the fuel
being tested.
• Employee assigned or working at the place where the
random field test is conducted shall be deemed an
authorized representative of the owner.
• All field tests shall be properly filmed or video-taped and
documented.
• A sample of the randomly tested fuel shall be
immediately obtained by the revenue or customs officer
upon discovering that the same is unmarked, adultered,
or diluted.
• Confirmatory fuel test certificates issued by fuel testing
facilities shall be valid for any legal purpose from the
date of issue, and shall constitute admissible and
conclusive evidence before any court.
Mandatory No existing provision The Secretary of Finance shall require the use of an official
earmarking of all fuel marking agent or similar technology in petroleum
petroleum products products that are refined, manufactured, or imported into
the Philippines, and that are subject to the payment of
taxes and duties.

Isla Lipana & Co./PwC Philippines | Tax Alert No. 34 | Republic Act No. 10963 19
Tax Particulars National Internal Revenue Code of 1997 R. A. No. 10963
Adjustments in DST
Stamp Taxes Secs. 174-175, 177-182, 186,188-195 The following are the Increased the rates for the following transactions:
corresponding DSTs:

Original issuance of shares PHP1.00 on each 200 of the par value or Original issuance of shares PHP2.00 on each 200 of the par
actual consideration for no-par shares value or actual consideration for
no-par shares
Sales, agreements to sell, memoranda of sales, 0.75 on each 200 of the par value; or 25%
deliveries or transfer of shares of the DST paid upon original issuance of Sales, agreements to sell, memoranda of 1.50 on each 200 of the par value;
no-par shares sales, deliveries or transfer of shares or 50% of the DST paid upon origi-
nal issuance of no-par shares
Certificate of profits or interest in property or ac- 0.50 on each 200 of the face value
cumulations Certificate of profits or interest in property or 1.00 on each 200 of the face value
accumulations
Bank checks, drafts, certificates of deposit not bearing 1.50 on each instrument
interest, and other instruments Bank checks, drafts, certificates of deposit 3.00 on each instrument
not bearing interest, and other instruments
Debt Instruments 1.00 on each 200 of the issue price
Debt Instruments 1.50 on each 200 of the issue price
Bills of exchange or drafts 0.30 on each 200 of the face value
Bills of exchange or drafts 0.60 on each 200 of the face value
Acceptance of bills of exchange and others 0.30 on each 200 of the face value
Acceptance of bills of exchange and others 0.60 on each 200 of the face value
Foreign bills of exchange and letters of credit 0.30 on each 200 of the face value
Foreign bills of exchange and letters of credit 0.60 on each 200 of the face value
Policies of annuities or other instruments 0.50 on each 200 of premium or install-
ment payment Policies of annuities or other instruments 1.00 on each 200 of premium or
installment payment
Pre-need plans 0.20 on each 200 of the premium or
contribution collected Pre-need plans 0.40 on each 200 of the premium
or contribution collected
Certificates 15.00 per certificate
Certificates 30.00 per certificate
Warehouse receipts 15.00 per warehouse receipt (valued at
200 or more) Warehouse receipts 30.00 per warehouse receipt
(valued at 200 or more)
Jai-alai, horse race tickets, lotto, or other authorized 0.10 on every 1.00 cost of the ticket
number games Jai-alai, horse race tickets, lotto, or other 0.20 on every 1.00 cost of the
authorized number games ticket
Bills of lading or receipts Exempt if bill/receipts not exceeding 100;
1.00 for bill/receipts not exceeding 1,000; Bills of lading or receipts Exempt if bill/receipts not exceed-
or 10.00 for bill/receipts exceeding 1,000 ing 100; 2.00 for bill/receipts not
exceeding 1,000; or 20.00 for bill/
Proxies 15.00 on each proxy of voting
receipts exceeding 1,000
Powers of attorney 5.00 on each power of attorney; except for
Proxies 30.00 on each proxy of voting
acts connected with claims due to/from the
government Powers of attorney 10.00 on each power of attorney;
except acts connected with claims
Leases and other hiring agreements 3.00 for the first 2,000 +1.00 for every
due to/from the government
1,000 thereafter
Leases and other hiring agreements 6.00 for the first 2,000 + 2.00 for
Mortgages, pledges, and deeds of trust 20.00 for the first 5,000 + 10.00 on every
every 1,000 thereafter
5,000 thereafter
Mortgages, pledges, and deeds of trust 40.00 for the first 5,000 + 20.00
on every 5,000 thereafter

Isla Lipana & Co./PwC Philippines | Tax Alert No. 34 | Republic Act No. 10963 20
Tax Particulars National Internal Revenue Code of 1997 R. A. No. 10963
Stamp Taxes Sec. 183 Policies of insurance or other instruments are subjected to DST rates on life insurance policies are increased to:
the following DST rates:

Does not exceed PHP100,000 Exempt Does not exceed PHP100,000 Exempt
Exceeds 100,000 but does not exceed 300,000 PHP10.00 Exceeds 100,000 but does not exceed 300,000 PHP20.00
Exceeds 300,000 but does not exceed 500,000 25.00 Exceeds 300,000 but does not exceed 500,000 50.00
Exceeds 500,000 but does not exceed 750,000 50.00 Exceeds 500,000 but does not exceed 750,000 100.00
Exceeds 750,000 but does not exceed 1,000,000 75.00 Exceeds 750,000 but does not exceed 1,000,000 150.00
Exceeds 1,000,000 100.00 Exceeds 1,000,000 200.00

Sec. 196 DST is collected on deeds of sale and conveyances of real DST collected on deeds of sale, conveyances and
property only. donations of real property. Transfers exempt from donor’s
tax are exempted from DST.
Sec. 197 Every charter party and similar instrument shall be collected Every charter party and similar instrument shall be
a DST at the following rates: collected a DST at the following rates:

Registered tonnage DST rate Registered tonnage DST rate


Does not exceed 1,000 tons PHP500 + an additional tax of PHP50 for each month or Does not exceed 1,000 tons PHP1,000 + an additional tax of PHP100 for
fraction of a month in excess of 6 months. each month or fraction of a month in excess of
6 months.
Exceeds 1,000 tons and does not 1, 000 + an additional tax of 100 for each month or
exceed 10,000 tons fraction of a month in excess of 6 months. Exceeds 1,000 tons and does 2,000 + an additional tax of 200 for each month
not exceed 10,000 tons or fraction of a month in excess of 6 months.
Exceeds 10,000 tons 1, 500 + an additional tax of 150 for each month or
fraction of a month in excess of 6 months. Exceeds 10,000 tons 3,000 + an additional tax of 300 for each month
or fraction of a month in excess of 6 months.

On compliance requirements
Keeping of books of Sec. 232 All that are required by law to pay internal revenue taxes All that are required by law to pay internal revenue
accounts shall keep a journal and a ledger or their equivalents. taxes shall keep and use relevant and appropriate set of
bookkeeping records.
Those whose quarterly sales, earnings, receipts, or output do not
exceed PHP50,000 shall keep and use simplified set of bookkeeping Books of accounts with gross annual sales, earnings,
records. receipts or output exceeding PHP3m must be audited by
a CPA.
Books of accounts with gross quarterly sales, earnings, receipts or
output exceeding PHP150,000 must be audited by a CPA.

Isla Lipana & Co./PwC Philippines | Tax Alert No. 34 | Republic Act No. 10963 21
Tax Particulars National Internal Revenue Code of 1997 R. A. No. 10963
Issuance of No existing provision Sec. 237-A. Within 5 years from the effectivity of the Act
receipts or sales or and upon establishment of a system capable of storing
commercial invoices and processing the required data, taxpayers engaged
in the export of goods and services, and under the
jurisdiction of the large taxpayers service are required to
electronically report their sales data to the BIR through the
use of electronic point of sales systems.

Machines, fiscal devices and fiscal memory devices shall


be at the expense of the taxpayer.

The data processing of sales and purchase data shall


comply with the provisions of R.A. No. 10173 or the
Data Privacy Act, the unlawful divulgence of taxpayer
information under the Tax Code and other laws relating to
the confidentiality of information.

Policies, risk management approaches, actions, trainings,


and technologies to protect the cyber environment,
organization, and data shall be established in compliance
with R.A. No. 10175 or the Cybercrime Prevention Act.
Other tax provisions
Interest Sec. 249 Interest of 20% per annum on any unpaid amount of tax. Interest imposed shall be double the legal interest rate
for loans or forbearance of any money in the absence
Deficiency interest is due from the date prescribed for its payment of an express stipulation as set by BSP. Delinquency
until full payment thereof. and deficiency interest shall in no case be imposed
simultaneously.
Penalty provisions Sec. 254 Fine of not less than PHP30,000 but not more than Increased the fine to not less than PHP500,000 but not
PHP100,000 and imprisonment of not less than two years but not more than PHP10m and imprisonment of not less than six
more than four years for attempt to evade or defeat any tax. years but not more than ten years.
Sec. 264 Fine of not less than PHP1,000 but not more than Increased the fine to not less than PHP500,000 but not
PHP50,000 and imprisonment of not less than two years but not more more than PHP10m and imprisonment of not less than six
than four years for the following: years but not more than ten years.
• Printing of receipts or sales or commercial invoices without authority
from the BIR; or Included printing of fraudulent receipts to the list of
• Printing of double or multiple sets of invoices or receipts; or offenses.
• Printing of unnumbered receipts or sales or commercial invoices,
not bearing the name, business style, Taxpayer Identification
Number, and business address of the person or entity

Isla Lipana & Co./PwC Philippines | Tax Alert No. 34 | Republic Act No. 10963 23
Tax Particulars National Internal Revenue Code of 1997 R. A. No. 10963
Penalty provisions No existing penalty provisions in case of failure to transmit data Sec. 264-A Imposes a penalty of 1/10 of 1% of annual net
entered on Cash Register Machine (CRM)/ Point of Sales System income reflected in the audited financial statements for
(POS) machines to BIR’s electronic sales reporting system. the 2nd year preceding the current taxable year for each
day of violation or PHP10,000 whichever is higher, except
if failure to transmit is due to force majeure or causes
beyond the control of the taxpayer.

If the aggregate number of days of violation exceed


180 days within a taxable year, an additional penalty of
permanent closure of the taxpayer shall be imposed.
No existing penalty provisions in case of purchase, use, possession, Sec. 264-B Imposes a fine of not less than PHP500,000
sale or offer to sell, installment, transfer, update, upgrade, keeping or but not more than PHP10m, and imprisonment of not less
maintaining of sales suppression devices. than two years but not more than four years.

Cumulative suppression of electronic sales record in


excess of PHP50m shall be considered as economic
sabotage and shall be punished in the maximum penalty.
No existing penalty provisions for offenses relating to fuel marking. Sec. 265-A Any person found to be engaged in the sale,
trade, delivery, distribution or transportation of unmarked
fuel in commercial quantity held for domestic use or
merchandise and any person who causes the removal
of the official fuel marking agent from marked fuel, and
the adulteration or dilution of fuel intended for sale to the
domestic market, or the knowing possession, storage,
transfer or offer for sale of fuel obtained as a result of such
removal, adulteration or dilution shall be penalized as
follows:

• 1st offense: a fine of PHP2.5m


• 2nd offense: a fine of PHP5m
• 3rd offense: a fine of PHP10m and revocation of license
to engage in any trade or business
Any person who commits any of the following acts
shall, upon conviction, be punished by a fine of not
less than PHP1m but not more than PHP5m and suffer
imprisonment of not less than four years but not more
than eight years:

1. making, importing, selling, using or possessing fuel


markers without express authority;
2. making, importing, selling, using or possessing
counterfeit fuel markers;

Isla Lipana & Co./PwC Philippines | Tax Alert No. 34 | Republic Act No. 10963 24
Tax Particulars National Internal Revenue Code of 1997 R. A. No. 10963
Penalty provisions 3. causing another person or entity to commit any of the
2 preceding acts; or
4. causing the sale, distribution, supply or transport
of legitimately imported, in-transit, manufactured
or procured controlled precursors and essential
chemicals, in diluted, mixtures or in concentrated
form, to any person or entity penalized in subsections
(a), (b), or (c) hereof.

Any person who willfully inserts, places, adds or attaches


directly or indirectly, through any overt or covert act,
whatever quantity of any unmarked fuel, counterfeit
additive or chemical in the person, house, effects,
inventory, or in the immediate vicinity of an innocent
individual for the purpose of implicating, incriminating
or imputing the commission of any violation of this Act
shall, upon conviction, be punished by a fine of not less
than PHP5m but not more than PHP10m, and suffer
imprisonment of not less than four years but not more
than eight years.

Any person who is authorized, licensed or accredited to


conduct fuel tests, who issues false or fraudulent fuel test
results knowingly, willfully or through gross negligence,
shall suffer the additional penalty of imprisonment ranging
from one year and one day to two years and six months.

The additional penalties of revocation of the license to


practice his/her profession in case of a practitioner, and
the closure of the fuel testing facility, may also be imposed
at the instance of the court.
Sec. 269 Violations committed by government enforcement officers Added in the list of offenses the deliberate failure on the
application for VAT refunds within the prescribed period
under Section 112 of the Tax Code.

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