RA 8424 (NIRC of 1997)
and Inclusion)
Section 5. Power of the Commissioner to
Obtain Information, and to Summon,
Examine, and Take Testimony of
Persons. - In ascertaining the
correctness of any return, or in making
a return when none has been made, or
in determining the liability of any
person for any internal revenue tax, or
in collecting any such liability, or in
evaluating tax compliance, the
Commissioner is authorized:
Xxx
(B) To Obtain on a regular basis from
any person other than the person whose
internal revenue tax liability is subject
to audit or investigation, or from any
office or officer of the national and local
governments, government agencies and
instrumentalities, including the Bangko
Sentral ng Pilipinas and government-
owned or -controlled corporations, any
information such as, but not limited to,
costs and volume of production, receipts
or sales and gross incomes of taxpayers,
and the names, addresses, and financial
statements of corporations, mutual fund
companies, insurance companies,
regional operating headquarters of
multinational companies, joint accounts,
RA 10963 (Tax Reform for Acceleration Comparative Analysis
The TRAIN law provides a requirement to
Cooperative Development Authority to
submit to the Bureau a Tax Incentive
Report that include the information on
income tax, value-added tax and other tax
incentives availed of, and enjoyed, by
cooperatives and such report will also be
submitted to Department of Finance to
include the same in the database created
under RA 10708 or the Tax Incentives
Management and Transparency Act.
Xxx
(B) To obtain on a regular basis from any
person other than the person whose
internal revenue tax liability is subject to
audit or investigation, or from any office or
officer of the national and local
governments, government agencies and
instrumentalities, including the Bangko
Sentral ng Pilipinas and government-
owned or -controlled corporations, any
information such as, but not limited to,
cost and volume of production, receipts or
sales and gross income of tax payers, and
the names, addresses, and financial
statements of corporations, mutual fund
companies, insurance companies, regional
operating headquarters of multinational
companies, joint accounts, associations,
joint ventures or consortia and registered
associations, joint ventures of consortia partnerships, and their members: Provided,
and registered partnerships, and their That the Cooperative Development
members; Authority shall submit to the Bureau a
tax incentive report, which shall include
information on the income tax, value-
added tax, and other tax incentives
availed of by cooperatives registered and
enjoying incentives under Republic Act
No. 6938, as amended: Provided, further,
That the information submitted by the
Cooperative Development Authority to the
Bureau shall be submitted to the
Department of Finance and shall be
included in the database created under
Republic Act No. 10708, otherwise known
as “The Tax Incentives Management and
Transparency Act” (TIMTA).
Section 6. Power of the Commissioner to The TRAIN law, seems to provide
Make assessments and Prescribe independence to the Bureau in
additional Requirements for Tax conducting examination of, and in
Administration and Enforcement. - determining the correct tax amount
imposed upon, any taxpayer by inserting
(A) Examination of Returns and (A)Examination of Returns the clause “notwithstanding any law
Determination of Tax Due. - After a and Determination of Tax requiring the prior authorization of any
return has been filed as required under Due. – After a return has government agency or instrumentality”
the provisions of this Code, the been filed as required under because of the interpolation of the
Commissioner or his duly authorized the provisions of this Code, quoted clause the Bureau has the
representative may authorize the the Commissioner or his duly freedom to discharge its functions,
examination of any taxpayer and the authorized representative particularly, examination of the
assessment of the correct amount of tax: may authorize the taxpayers and determination of the
Provided, however; That failure to file a examination of any taxpayer proper tax assessment without any
return shall not prevent the and the assessment of the restraint or asking for mercy from
Commissioner from authorizing the correct amount of tax, and/or among the various agencies of
examination of any taxpayer.
The tax or any deficiency tax so assessed
shall be paid upon notice and demand
from the Commissioner or from his duly
authorized representative.
Any return, statement of declaration
filed in any office authorized to receive
the same shall not be withdrawn:
Provided, That within three (3) years
from the date of such filing, the same
may be modified, changed, or amended:
Provided, further, That no notice for
audit or investigation of such return,
statement or declaration has in the
meantime been actually served upon the
taxpayer.
E) Authority of the Commissioner to
Prescribe Real Property Values. - The
Commissioner is hereby authorized to
notwithstanding any law the government.
requiring the prior
authorization of any While there are no changes made in
government agency or paragraph B, C, and D, the provision of
instrumentality: Provided, Section 4 of the new law, made
however, That failure to file a substantial amendments under
return shall not prevent the paragraph E of Section 6 of the Tax
Commissioner from Reform Act of 1997; apart from the
authorizing the examination complete deletion of paragraphs F to H,
of the taxpayer. which provisions essentially dealt with
the authority of the Commissioner to
inquire into bank deposits of certain
taxpayers, accredit tax agents, and
authority to prescribe additional
procedural or documentary
requirements, said section of the TRAIN
Act, made the consultation with the
competent appraisers (public/ private
sectors) and a prior notification to all
affected taxpayers imperative.
Also, there is now an automatic
adjustment relative to the same every
three (3) years by the issuance of rules
and regulations by the Secretary of
Finance based on the current Philippine
valuation standards. It further provides
a publication or posting on any
adjustments.
(A) Authority of the Commissioner
to Prescribe Real Property
Values. – The Commissioner is
divide the Philippines into different
zones or areas and shall, upon
consultation with competent appraisers
both from the private and public
sectors, determine the fair market value
of real properties located in each zone or
area. For purposes of computing any
internal revenue tax, the value of the
property 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 of the Provincial and
City Assessors.
hereby authorized to divide the
Philippines into different zones
or areas and shall, upon
mandatory consultation with
competent appraisers both from
the private and public sectors,
and with prior notice to affected
taxpayers, determine the fair
market value of real properties
located in each zone or area,
subject to automatic adjustment
once every three (3) years
through rules and regulations
issued by the Secretary of
Finance based on the current
Philippine valuation standards:
Provided, That no adjustment
in zonal valuation shall be valid
unless published in a newspaper
of general circulation in the
province, city, or municipality
concerned, or in absence
thereof, shall be posted in the
provincial capitol, city or
municipal hall and in two (2)
other conspicuous public places
therein: Provided, further, That
the basis of any valuation,
including the records of
consultations done, shall be
public records open to the
inquiry of any taxpayer. For the
purpose of computing the value

the
Provincial and City Assessors.
SEC. 24. Income Tax Rates. -
(A) Rates of Income Tax on Individual
Citizen and Individual Resident Alien of
the Philippines.-
(1) An income tax is hereby imposed:
(a) On the taxable income defined in
Section 31 of this Code, other than
income subject to tax under Subsections
(B), (C) and (D) of this Section, derived
for each taxable year from all sources
within and without the Philippines be
every individual citizen of the
Philippines residing therein;
(b) On the taxable income defined in
Section 31 of this Code, other than
income subject to tax under Subsections
(B), (C) and (D) of this Section, derived
for each taxable year from all sources
within the Philippines by an individual
citizen of the Philippines who is residing
outside of the Philippines including
overseas contract workers referred to in
Subsection(C) of Section 23 hereof; and
(c) On the taxable income defined in
of the property 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
schedule of values of the
(A) Rates of Income Tax on
Individual Citizen and
Individual Resident Alien of
the Philippines. –
1. An income tax is hereby
imposed:
a. On the taxable income defined in
Section 31 of this Code, other
than income subject to tax under
subsections B, C, and D of this
Section, derived for each taxable
year from all sources within and
without Philippines by every
individual citizen of the
Philippines residing therein;
b. On the taxable income defined in
Section 31 of this Code, other
than income subject to tax under
subsections B, C, and D of this
section, derived for each taxable
year from all sources within the
Philippines by an individual
citizen of the Philippines who is
residing outside of the
The TRAIN law, now imposes an income
tax upon individual alien who is a resident
of the Philippines and new tax schedules
are exhibited.
Under the present state of law the
minimum wage earners as defined in
Section 22(HH) of this Code shall be
exempt from the payment of income tax on
their taxable income.
Also, the holiday, overtime, night shift
differential and other hazard pay they
received will also be exempted from the
income tax.
Furthermore, said law provides an option
to self-employed individuals and/or
professionals either to avail of the eight
percent (8%) tax on gross sales or gross
receipts and other non-operating income in
excess of the P250,000, in lieu of the
graduated income tax rates under
Subsection (A)(2)(a) of this section and the
percentage tax under Section 116 of this
Code.
Section 31 of this Code, other than Philippines including overseas
income subject to tax under Subsections contract workers referred to in
(B), (C) and (D) of this Section, derived Subsection C of Section 23
for each taxable year from all sources hereof; and
within the Philippines by an individual c. On the taxable income defined in
alien who is a resident of the Philippines. Section 31 of this Code other
(2) Rates of Tax on Taxable Income of than income subject to tax under
Individuals. [11] - The tax shall be subsections B, C, and D of this
computed in accordance with and at the Section, derived for each taxable
rates established in the following year from all sources within the
schedule: Philippines by an individual alien
Not over who is a resident of the
P10,000 Philippines.
5%
Over
P500+10% of the 2. Rates of Tax on Taxable
P10,000 but
excess over Income of Individuals. –
not over
P10,000 The tax shall be computed
P30,000
P2,500+15% of in accordance with and at
Over
the excess over the rate established in the
P30,000 but
P30,000 following schedule:
not over
P8,500+20% of
P70,000
the excess over a. Tax schedule effect January 1,
Over
P70,000 2018 until December 31, 2022:
P70,000 but
P22,500+25% of Not over 0%
not over
the excess over P250,000
P140,000
P140,000
Over Over P250,000 20% of the excess
P50,000+30% of
P140,000 but not over over P250,000
the excess over
but not over P400,000
P250,000
P250,00 Over P400,000 P30,000 + 25% of
P125,000+32% of
Over but not over the excess of
the excess over
P250,000 P800,000 P400,000
P500,000.[12]
but not over Over P800,000 P130,000 + 30%
P500,000 but not over of the excess over
 Over P2,000,000 P800,000
P500,000 Over P2,000,000 P490,000 + 32%
For married individuals, the husband but not over of the excess over
and wife, subject to the provision of P8,000,000 the P2,000,000
Section 51 (D) hereof, shall compute Over P8,000,000 P2,410,000 + 35%
separately their individual income tax of the excess over
based on their respective total taxable P8,000,000
income: Provided, That if any income Tax schedule effect January 1, 2023 and
cannot be definitely attributed to or onwards
identified as income exclusively earned Not over 0%
or realized by either of the spouses, the P250,000
same shall be divided equally between Over P250,000 15% of the excess
the spouses for the purpose of but not over over P250,000
determining their respective taxable P400,000
income. Over P400,000 P22,500 + 20% of
Provided, That minimum wage earners but not over the excess over
as defined in Section 22(HH) of this P800,000 P400,000
Code shall be exempt from the payment Over P800,000 P102,500 + 25%
of income tax on their taxable income: but not over of the excess over
provided, further, That the holiday pay, P2,000,000 P800,000
overtime pay, night shift differential pay Over P2,000,000 P402,500 + 30%
and hazard pay received by such but not over of the excess over
minimum wage earners shall likewise be P8,000,000 2,000,000
exempt from income tax Over P8,000,000 P2,202,500 + of
the excess over
P8,000,000
For married individuals, the husband
and wife, subject to the provisions of
Section 51(D) hereof, shall compute
separately their individual income tax
based on their respective total taxable
income: Provided, That if any income
cannot definitely attributed to or
identified as income exclusively earned
or realized by either spouses, the same
shall divided equally between the
spouses for the purpose of determining
their respective taxable income.
Provided, That minimum wage earners
as defined in Section 22(HH) of this
Code shall be exempt from the payment
of income tax on their taxable income:
Provided, further, That the holiday pay,
overtime pay, night shift differential
pay, and hazard pay received by such
minimum wage earners shall likewise be
exempt from income tax.
b. Rate of Tax on Income Purely
Self-employed Individuals and/or
Professionals Whose Gross Sales
or Gross Receipts and Other Non-
Operating Income Does Not
Exceed the Value-Added Tax
(VAT) Threshold as Provided in
Section 109 (BB). – Self-employed
individuals and/or professionals
shall have the option to avail of
eight percent (8%) tax on gross
sales or gross receipts and other
non-operating income in lieu of
the graduated income tax rates
under Subsection A, 2, of this
Section and percentage tax under
Section 116 of this Code.
c. Rate of Tax for Mixed Income
Earners. – Taxpayers earning
 both compensation income and
income from business or practice
of profession shall be subject to
the following taxes:

1. All Income from Compensation –

rates prescribed under
Subsection (A)(2)(a) of this
Section.
2. All income from Business or
Practice of Profession –
a. If Total Gross Sales and/ or
Gross Receipts and Other
Non-Operating Income Do
Not Exceed the VAT
Threshold as Provided in
Section 109(BB) of this Code.
– The rates prescribed under
Subsection (A)(2)(a) of this
Section on taxable income, or
eight percent (8%) income tax
based on gross sales or gross
receipts and other non-
operating income in lieu of
the graduated income tax
rates under Subsection
(A)(2)(a) of this Section and
the percentage tax under
Section 116 of the Code.
b. If Total Gross Sales and/ or
Gross Receipts and Other
Non-Operating Income
Exceeds the VAT Threshold

(B) Rate of Tax on Certain Passive
Income: -
(1) Interests, Royalties, Prizes, and
Other Winnings. -
A final tax at the rate of twenty percent
(20%) is hereby imposed upon the
amount of interest from any currency
bank deposit and yield or any other
monetary benefit from deposit
substitutes and from trust funds and
similar arrangements; royalties, except
on books, as well as other literary works
and musical compositions, which shall
be imposed a final tax of ten percent
(10%); prizes (except prizes amounting
to Ten thousand pesos (P10,000) or less
which shall be subject to tax under
Subsection (A) of Section 24; and other
winnings (except Philippine Charity
Sweepstakes and Lotto winnings),
derived from sources within the
Philippines: Provided, however, That
interest income received by an
individual taxpayer (except a less from Philippine Charity
nonresident individual) from a Sweepstakes and Lotto which shall
depository bank under the expanded
foreign currency deposit system shall be
as Provided in Section
109(BB) of this Code. – The
rates prescribed under
Subsection (A)(2)(a) of this
Section.
(B) Rate of Tax on Certain Passive
income: -
1. Interests, Royalties, Prizes, and
Other Winnings. – A final tax at
the rate of twenty percent (20%) is
hereby imposed upon the amount
of interest from any currency bank
deposit and yield or any other
monetary benefit from deposit
substitutes and from the trust funds
and similar arrangements; royalties,
except books, as well as other
literary works and musical
compositions, which shall be
imposed a final tax of ten percent
(10%); prizes (except prizes
amounting to Ten Thousand Pesos
(P10,000.00) or less which shall be
subject to tax under Subsection (A)
of Section 24; and other winnings
(except winnings amounting to Ten
Thousand Pesos (P10,000.00) or
be exempt), derived from sources
within the Philippines: Provided,
subject to a final income tax at the rate
of seven and one-half percent (7 1/2%) of
such interest income: Provided, further,
That interest income from long-term
deposit or investment in the form of
savings, common or individual trust
funds, deposit substitutes, investment
management accounts and other
investments evidenced by certificates in
such form prescribed by the Bangko
Sentral ng Pilipinas (BSP) shall be
exempt from the tax imposed under this
Subsection: Provided, finally, That
should the holder of the certificate pre-
terminate the deposit or investment
before the fifth (5th) year, a final tax
shall be imposed on the entire income
and shall be deducted and withheld by
the depository bank from the proceeds
of the long-term deposit or investment
certificate based on the remaining
maturity thereof:
Four (4) years to less than five (5) years
- 5%;
Three (3) years to less than (4) years -
12%; and
Less than three (3) years - 20%
(2) Cash and/or Property Dividends. - A
final tax at the following rates shall be Xxx
imposed upon the cash and/or property
dividends actually or constructively
received by an individual from a
however, That interest income
received by an individual taxpayer
(except non-resident individual)
from a depository bank under the
expanded foreign currency deposit
system shall be subject to a final
income tax rate at the rate of fifteen
percent (15%) of such interest
income: Provided, further, That
the interest income from long-term
deposit or investment in the form of
savings, common or individual
trust funds, deposit substitutes,
investment management accounts
and other investments evidenced by
certificates in such form prescribed
by the Bangko Sentral ng Pilipinas
(BSP) shall be exempt from the tax
imposed under the Subsection:
Provided, finally, That should the
holder of the certificate pre-
terminate the deposit investment
before the fifth (5th) year, a final
tax be imposed on the entire
income and shall be deducted and
withheld by the depository bank
from the proceeds of the long-term
investment certificate based on the
remaining maturity thereof;
2. Cash and/or Property Dividends. –
A final tax at the rate of ten percent
(10%) shall be imposed upon the
domestic corporation or from a joint
stock company, insurance or mutual
fund companies and regional operating
headquarters of multinational
companies, or on the share of an
individual in the distributable net
income after tax of a partnership (except
a general professional partnership) of
which he is a partner, or on the share of
an individual in the net income after tax
of an association, a joint account, or a
joint venture or consortium taxable as a
corporation of which he is a member or
co-venturer:
Six percent (6%) beginning January 1,
1998;
Eight percent (8%) beginning January
1, 1999;
Ten percent (10%) beginning January 1,
2000.
Provided, however, That the tax on
dividends shall apply only on income
earned on or after January 1, 1998.
Income forming part of retained
earnings as of December 31, 1997 shall
not, even if declared or distributed on or
after January 1, 1998, be subject to this
tax.
C) Capital Gains from Sale of Shares of
Stock not Traded in the Stock
Exchange. - The provisions of Section
39(B) notwithstanding, a final tax at the
cash and/or property dividends
actually or constructively received
by an individual from a domestic
corporation or from a joint stock
company, insurance or mutual fund
companies and regional operating
headquarters of multinational
companies, or on the share of an
individual in the distributable net
income after tax of a partnership
(except a general professional
partnership) of which he is a
partner, or on the share of an
individual in the net income after
tax of an association, a joint
account, or a joint venture or
consortium taxable as a corporation
of which he is a member or co-
venturer.
(C) Capital Gains from Sale of
Shares of Stock not Traded in the
Stock Exchange. – The provisions
of Sec. 39 (B) notwithstanding,
rates prescribed below is hereby
imposed upon the net capital gains
realized during the taxable year from
the sale, barter, exchange or other
disposition of shares of stock in a
domestic corporation, except shares
sold, or disposed of through the stock
exchange.
Not over P 100,000 5%
On any amount in excess of P 10%
100,000
Section 25.
Xxx
(C) Alien Individual Employed by
Regional or Area Headquarters and
Regional Operating Headquarters of
Multinational Companies. - There shall
be levied, collected and paid for each
taxable year upon the gross income
received by every alien individual
employed by regional or area
headquarters and regional operating
headquarters established in the
Philippines by multinational companies
as salaries, wages, annuities,
compensation, remuneration and other
emoluments, such as honoraria and
allowances, from such regional or area
headquarters and regional operating
headquarters, a tax equal to fifteen
percent (15%) of such gross income:
Provided, however, That the same tax
treatment shall apply to Filipinos
final tax at the rate of fifteen
percent (15%) is hereby imposed
upon the net capital gains realized
during the taxable year from the
sale, barter, exchange or other
disposition of shares of stock in a
domestic corporation, except shares
sold, or disposed of through the
stock exchange.
The Train law provides for another
provision which states that, the preferential
(C) Alien Individual Employed by Regional tax treatment provided in Subsections C,D,
or Area Headquarters and Regional and E of this Section shall not be
Operating Headquarters of Multinational applicable to regional headquarters
Companies. – There shall be levied, (RHQs), regional operating headquarters
collected and paid for each taxable year (ROHQs), Offshore banking units (OBUs)
upon the gross income received by every or petroleum service contractors and
alien individual employed by regional or subcontractors registering with Securities
area headquarters and regional operating and Exchange Commission (SEC) after
headquarters established in the Philippines Jan. 1, 2018: Provided, however, That
by multinational companies as salaries, existing (RHQs)/ (ROHQs), (OBUs) or
wages, annuities, compensation, petroleum service contractors and
remuneration and other emoluments, such subcontractors presently availing of
as honoraria and allowances, from such preferential tax rates for qualified
regional operating headquarters, a tax employee shall continue to be entitled to
equal to fifteen percent (15%) of such avail of preferential tax rate for present and
gross income: Provided, however, That the future qualified employees.
same tax treatment shall apply to Filipinos
employed and occupying the same position
as those of aliens employed by these
multinational companies. For purposes of
employed and occupying the same
position as those of aliens employed by
these multinational companies. For
purposes of this Chapter, the term
'multinational company' means a foreign
firm or entity engaged in international
trade with affiliates or subsidiaries or
branch offices in the Asia-Pacific Region
and other foreign markets.
D) Alien Individual Employed by
Offshore Banking Units. - There shall be
levied, collected and paid for each
taxable year upon the gross income
received by every alien individual
employed by offshore banking units
established in the Philippines as salaries,
wages, annuities, compensation,
remuneration and other emoluments,
such as honoraria and allowances, from
such off-shore banking units, a tax equal
to fifteen percent (15%) of such gross
income: Provided, however, That the
same tax treatment shall apply to
Filipinos employed and occupying the
same positions as those of aliens
employed by these offshore banking
units.
E) Alien Individual Employed by
Petroleum Service Contractor and
Subcontractor. [14] - An Alien individual
who is a permanent resident of a foreign
this Chapter, the term multination
company’ means a foreign firm or entity
engaged in international trade with
affiliates or subsidiaries or branch offices
in the Asia-Pacific Region and other
foreign markets.
(D) Alien Individual Employed by Offshore
Banking Units. – There shall be levied,
collected and paid for each taxable year
upon the gross income received by every
alien individual employed by offshore
banking units established in the Philippines
as salaries, wages, annuities, compensation
remuneration, and other emoluments, such
as honoraria and allowances, from such
offshore banking units, a tax equal to
fifteen percent (15%) of such gross
income: Provided, however, That the same
treatment shall apply to Filipinos
employed and occupying the same position
as those of aliens employed by these
offshore banking units.
(E) Alien Individual Employed by
Petroleum Service Contractor and
Subcontractor – An alien individual who is
a permanent resident of a foreign country
country but who is employed and but who is employed and assigned in the
assigned in the Philippines by a foreign Philippines by a foreign service contractor
service contractor or by a foreign or by a foreign service subcontractor
service subcontractor engaged in engaged in a petroleum operations in the
petroleum operations in the Philippines Philippines shall be liable to a tax of
shall be liable to a tax of fifteen percent fifteen percent (15%) of salaries, wages,
(15%) of the salaries, wages, annuities, annuities, compensation, remuneration and
compensation, remuneration and other other emoluments, such as honoraria and
emoluments, such as honoraria and allowances received from such contractor
allowances, received from such or subcontractor: Provided, however, That
contractor or subcontractor: Provided, the same tax treatment shall apply to a
however, That the same tax treatment Filipino employed and occupying the same
shall apply to a Filipino employed and position as an alien employed by
occupying the same position as an alien petroleum service contractor and
employed by petroleum service subcontractor.
contractor and subcontractor. Any income earned from all other sources
within the Philippines by the alien
Any income earned from all other employees referred to under Subsections
sources within the Philippines by the C,D, and E hereof shall be subject to the
alien employees referred to under pertinent income tax, as the case may be,
Subsections (C), (D) and (E) hereof shall imposed under this code.
be subject to the pertinent income tax,
as the case may be, imposed under this (F) The preferential tax treatment provided
Code. in Subsections C,D, and E of this Section
shall not be applicable to regional
headquarters (RHQs), regional operating
headquarters (ROHQs), Offshore banking
units (OBUs) or petroleum service
contractors and subcontractors registering
with Securities and Exchange Commission
(SEC) after Jan. 1, 2018: Provided,
however, That existing (RHQs)/ (ROHQs),
(OBUs) or petroleum service contractors
 and subcontractors presently availing of
preferential tax rates for qualified
employee shall continue to be entitled to
avail of preferential tax rate for present and
future qualified employees.

Section 27. PCSO and PAGCOR were excluded

from the enumeration.
Xxx

(c) Government-owned or -Controlled

Corporations, Agencies or
Instrumentalities. –

The provisions of existing special or

general laws to the contrary
notwithstanding, all corporations,
agencies, or instrumentalities owned or
controlled by the Government, except
the Government Service Insurance
System (GSIS), the Social Security
System (SSS), the Philippine Health
Insurance Corporation (PHIC), the local
water districts (LWDs), and the
Philippine Charity Sweepstakes Office
(PCSO) and the Philippine Amusement
and Gaming Corporation (PAGCOR),
shall pay such rate of tax upon their
taxable income as are imposed by this
Section upon corporations or
associations engaged in s similar
business, industry, or activity.
SEC. 31. Taxable Income Defined. –
The term 'taxable income' means the
pertinent items of gross income specified
in this Code, less the deductions and/or
personal and additional exemptions, if
any, authorized for such types of income
by this Code or other special laws.
The term taxable income means the
pertinent items of gross income specified
in this code, less deductions if any,
authorized for such types of income by this
code or other special laws
Under the present state of law, the
pertinent and additional exemptions are no
longer available as deductions to the
taxable income.

SEC. 32. Gross Income. –
xxx
(B) Exclusions from Gross Income. -
The following items shall not be
included in gross income and shall be
exempt from taxation under this Title:
Xxx
(7) Miscellaneous Items. -
Xxx
(e) 13th Month Pay and Other Benefits. -
Gross benefits received by officials and
employees of public and private entities:
Provided, however, That the total
exclusion under this subparagraph shall
not exceed eighty-two thousand pesos
(P82,000) which shall cover:
The TRAIN law now provides for a higher
amount for the total exclusion from the
gross income of the gross benefits received
by the officials and employees, classified
under 13th month pay and other benefits.
The said law also deleted the last
paragraph of Section 32, which states
“That every three (3) years after the
(e)13th Month Pay and other Benefits effectivity of this Act, the President of the
Gross benefit received by officials and Philippines shall adjust the amount herein
employees of public and private entities: stated to its present value using the
Provided, however. That the total Consumer Price Index (CPI), as published
exclusion under this subparagraph shall not by the National Statistics Office.”
exceed Ninety thousand pesos (P90,000),
which shall cover:

(i) Benefits received by officials and
employees of the national and local
government pursuant to Republic Act
No. 6686;
(ii) Benefits received by employees
pursuant to Presidential Decree No. 851,
as amended by Memorandum Order No.
(i) Benefits received by officials and
employees of the national and local
government pursuant to Republic Act No.
6686;
(ii) Benefits received by employees
pursuant to Presidential Decree No. 851, as
amended by Memorandum Order No. 28,
28, dated August 13, 1986; dated August 13, 1986;
(iii) Benefits received by officials and (iii) Benefits received by officials and
employees not covered by Presidential employees not covered by Presidential
decree No. 851, as amended by decree No. 851, as amended by
Memorandum Order No. 28, dated Memorandum Order No. 28, dated August
August 13, 1986; and 13, 1986; and
(iv) Other benefits such as productivity (iv) Other benefits such as productivity
incentives and Christmas bonus: incentives and Christmas bonus.
Provided, That every three (3) years
after the effectivity of this Act, the
President of the Philippines shall adjust
the amount herein stated to its present
value using the Consumer Price Index
(CPI), as published by the National
Statistics Office.

SEC. 33. Special Treatment of Fringe

Benefit. -
(A) Imposition of Tax. - A final tax of
thirty-four percent (34%) effective
January 1, 1998; thirty-three percent
(33%) effective January 1, 1999; and
thirty-two percent (32%) effective
January 1, 2000 and thereafter, is
hereby imposed on the grossed-up
monetary value of fringe benefit
furnished or granted to the employee
(except rank and file employees as
defined herein) by the employer,
whether an individual or a corporation
(unless the fringe benefit is required by
the nature of, or necessary to the trade,
business or profession of the employer,
A) Imposition of Tax- Effective January 1,
2018 and onwards, a final tax of 35% is
hereby imposed on the grossed-up
monetary value of fringe benefit furnished
or granted to the employee (excepts rank
and file employees as defined herein) by
the employer, whether an individual or a
corporation (unless the fringe benefit is
required by the nature of, or necessary to
the trade, business, or profession of the
employer, or when the fringe benefit is for
the convenience or advantage of the
employer). The tax herein imposed is
payable by the employer which tax shall be
paid in the same manner as provided for
The final tax on fringe benefit has been
increased to 3%, that is from 32% to 35%.
The 32% final tax shall only be effective
up to December 31, 2017 and that starting
January 1, 2018 onwards the 35% under
the train law shall apply
Also the formula for computing the
grossed up monetary value of the fringe
benefit upon which the final tax shall be
imposed, has also been changed.
or when the fringe benefit is for the
convenience or advantage of the
employer). The tax herein imposed is
payable by the employer which tax shall
be paid in the same manner as provided
for under Section 57 (A) of this Code.
The grossed-up monetary value of the
fringe benefit shall be determined by
dividing the actual monetary value of
the fringe benefit by sixty-six percent
(66%) effective January 1, 1998; sixty-
seven percent (67%) effective January 1,
1999; and sixty-eight percent (68%)
effective January 1, 2000 and thereafter:
Provided, however, That fringe benefit
furnished to employees and taxable
under Subsections (B), (C), (D) and (E)
of Section 25 shall be taxed at the
applicable rates imposed thereat:
Provided, further, That the grossed -up
monetary value of the fringe benefit
shall be determined by dividing the
actual monetary value of the fringe
benefit by the difference between one
hundred percent (100%) and the
applicable rates of income tax under
Subsections (B), (C), (D), and (E) of
Section 25.
xxx
SEC. 34. Deductions from Gross SEC. 34. Deductions from Gross TRAIN Act removed the exception of
Income. - Except for taxpayers earning Income. - Except for taxpayers earning allowing the deduction under subsection
under Section 57(A) of this Code. The
grossed-up monetary value of the fringe
benefit shall be determined by dividing the
actual monetary value of the fringe benefit
by sixty-five percent (65%) effective
January 1, 2018 and onwards: Provided
however, that fringe benefit furnished to
employee and taxable under subsections
(B) (C) (D), and (E) of Section 25 shall be
taxed at the applicable rates imposed
thereat: Provided, further. That the
grossed-up value of the fringe benefit shall
be determined by dividing the actual
monetary value of the fringe benefit by the
difference between one hundred percent
(100%) and the applicable rates of income
tax under Subsections (B) (C) (D, and (E)
of Section 25.
Xxx
compensation income arising from
personal services rendered under an
employer-employee relationship where
no deductions shall be allowed under
this Section other than under subsection
(M) hereof, in computing taxable income
subject to income tax under Sections
24(A); 25(A); 26; 27(A), (B) and (C);
and 28(A)(1), there shall be allowed the
following deductions from gross income;
Section 51. Individual Returns
(A) Requirements. -
(1) Except as provided in paragraph
(2) of this Subsection, the following
individuals are required to file an
income tax return:
(a) Every Filipino citizen residing
in the Philippines;
(b) Every Filipino citizen residing
outside the Philippines, on his income
from sources within the Philippines;
(c) Every alien residing in the
Philippines, on income derived from Philippines, on income derived from
sources within the Philippines; and
(d) Every nonresident alien
engaged in trade or business or in the in trade or business or in the exercise of the exercise of a profession, except income
exercise of profession in the Philippines. profession in the Philippines.
compensation income arising from (M) of the Tax Code.
personal services rendered under an
employer-employee relationship where
no deductions shall be allowed under
this Section, in computing taxable
income subject to income tax under
Sections 24(A); 25(A); 26; 27(A), (B) and
(C); and 28(A)(1), there shall be allowed
the following deductions from gross
income:
TRAIN Act added under subsection
(A) Requirements. - (A)(2)(a) an individual whose gross
income does NOT exceed TWO
(1) Except as provided in paragraph (2) HUNDRED FIFTY THOUSAND
of this Subsection, the following (P250,000), provided that the Filipino
individuals are required to file an income citizen or alien files an income tax return.
tax return:
TRAIN Act added another subsection
(a) Every Filipino citizen residing in under (A) which states:
the Philippines;
(5) The income tax return (ITR) shall
(b) Every Filipino citizen residing consist of a maximum of four (4) pages in
outside the Philippines, on his income paper form or electronic form, and shall
from sources within the Philippines; only contain the following information:
(c) Every alien residing in the (A) Personal profile and information;
sources within the Philippines; and (B) Total gross sales, receipts or
income from compensation for services
(d) Every nonresident alien engaged rendered, conduct of trade or business or
subject to final tax as provided under this
Code;
 (2) The following individuals shall not (2) The following individuals shall not
be required to file an income tax return: be required to file an income tax return: (C) Allowable deductions under this
Code;
(a) An individual whose gross (a) An individual whose gross
income does not exceed his total income does not exceed Two hundred fifty (D) Taxable income as defined in
personal and additional exemptions for thousand pesos (P250,000) under Section Section 31 of this Code; and
dependents under Section 35: Provided, 24(A)(2)(a): Provided, That a citizen of the
That a citizen of the Philippines and any Philippines and any alien individual (E) Income tax due and payable.
alien individual engaged in business or engaged in business or practice of
practice of profession within the profession within the Philippines shall file
Philippine shall file an income tax an income tax return, regardless of the
return, regardless of the amount of amount of gross income;
gross income;
(b) An individual with respect to
(b) An individual with respect to pure compensation income, as defined in
pure compensation income, as defined in Section 32 (A)(1), derived from sources
Section 32 (A)(1), derived from sources within the Philippines, the income tax on
within the Philippines, the income tax on which has been correctly withheld under
which has been correctly withheld under the provisions of Section 79 of this Code:
the provisions of Section 79 of this Code: Provided, That an individual deriving
Provided, That an individual deriving compensation concurrently from two or
compensation concurrently from two or more employers at any time during the
more employers at any time during the taxable year shall file an income tax
taxable year shall file an income tax return.
return.
(c) An individual whose sole income
(c) An individual whose sole has been subjected to final withholding tax
income has been subjected to final pursuant to Section 57(A) of this Code;
withholding tax pursuant to Section and
57(A) of this Code; and
(d) A minimum wage earner as
(d) A minimum wage earner as defined in section 22 (HH) of this Code or
defined in section 22 (HH) of this an individual who is exempt from income
Code or an individual who is exempt tax pursuant to the provisions of this Code
from income tax pursuant to the and other laws, general or special.
provisions of this Code and other laws,
general or special. (3) The foregoing notwithstanding, any
individual not required to file an income
(3) The foregoing notwithstanding, tax return may nevertheless be required to
any individual not required to file an file an information return pursuant to rules
income tax return may nevertheless be and regulations prescribed by the Secretary
required to file an information return of Finance, upon recommendation of the
pursuant to rules and regulations Commissioner.
prescribed by the Secretary of Finance,
upon recommendation of the (4) The income tax return shall be filed
Commissioner. in duplicate by the following persons:

(4) The income tax return shall be (a) A resident citizen - on his income
filed in duplicate by the following from all sources;
persons:
(b) A nonresident citizen - on his
(a) A resident citizen - on his income derived from sources within the
income from all sources; Philippines;

(b) A nonresident citizen - on his (c) A resident alien - on his income

income derived from sources within the derived from sources within the
Philippines; Philippines; and

(c) A resident alien - on his income (d) A nonresident alien engaged in

derived from sources within the trade or business in the Philippines - on his
Philippines; and income derived from sources within the
Philippines.
(d) A nonresident alien engaged in
trade or business in the Philippines - on (5) The income tax return (ITR) shall
his income derived from sources within consist of a maximum of four (4) pages in
the Philippines. paper form or electronic form, and shall
only contain the following information:

(A) Personal profile and information;

(B) Total gross sales, receipts or

income from compensation for services
rendered, conduct of trade or business or
the exercise of a profession, except income
subject to final tax as provided under this
Code;

(C) Allowable deductions under this

Code;

(D) Taxable income as defined in

Section 31 of this Code; and

(E) Income tax due and payable.

SEC. 51-A. Substituted Filing of Income Inserted a new section – SEC. 51-A
Tax Returns by Employees Receiving
Purely Compensation Income. –
Individual taxpayers receiving purely
compensation income, regardless of
amount, from only one employer in the
Philippines for the calendar year, the
income tax of which has been withheld
correctly by the said employer (tax due
equals tax withheld) shall not be required
to file an annual income tax return. The
certificate of withholding filed by the
respective employers, duly stamped
‘received’ by the BIR, shall be tantamount
to the substituted filing of income tax

Section 52. Corporation Returns
(A) Requirements. - Every corporation
subject to the tax herein imposed, except
foreign corporations not engaged in
trade or business in the Philippines,
shall render, in duplicate, a true and
accurate quarterly income tax return
and final or adjustment return in
accordance with the provisions of
Chapter XII of this Title. The return
shall be filed by the president, vice-
president or other principal officer, and
shall be sworn to by such officer and by
the treasurer or assistant treasurer.
returns by said employees.
(A) Requirements. - Every corporation
subject to the tax herein imposed, except
foreign corporations not engaged in trade
or business in the Philippines, shall render,
in duplicate, a true and accurate quarterly
income tax return and final or adjustment
return in accordance with the provisions of
Chapter XII of this Title. The income tax
return shall consist of a maximum of four
(4) pages in paper form or electric form, be
filed by the president, vice-president or
other principal officer, shall be sworn to by
such officer and by the treasurer or
assistant treasurer, and shall only contain
the following information:
TRAIN Act specifies that the income tax
return shall consist of FOUR (4) PAGES
in paper form or electronic form and
shall ONLY contain the following
information:
(1) Corporate profile and
information;
(2) Gross sales, receipts or income
from services rendered, or conduct of
trade or business, except income subject
to final tax as provided under this Code;
(3) Allowable deductions under this
Code;

(1) Corporate profile and information; (4) Taxable income as defined in

Section 31 of this Code; and
(2) Gross sales, receipts or income from
services rendered, or conduct of trade or (5) Income tax due and payable.
business, except income subject to final tax
as provided under this Code;

(3) Allowable deductions under this

Code;

(4) Taxable income as defined in

Section 31 of this Code; and

(5) Income tax due and payable.

Sec. 56 (Sec 180 NIRC) Stamp tax on All 100% increase in rate
Bills of Exchange or Drafts rate from P0.30 to P0.60

Collection of documentary stamp tax

amounting to P0.30 for each P200 or
fraction part thereof of the face value of
any such bill of exchange or draft
100% increase in rate
Sec 57 (Sec 181 NIRC) Stamp Tax P 0.30 to P 0.60
Upon Acceptance of Bills of Exchange
and Others

P 0.30 per P200

P 0.30 to P 0.60 100% increase in rate
Sec 58 (Sec 182 NIRC) Stamp Tax on
Foreign Bills of Exchange and Letter
of Credit

P 0.30 per P200

Sec 74 (Sec 237-A) Electronic Sales
Reporting System
Issuance of duly registered receipts or
sales or commercial invoice to
purchasers and to keep & preserve a
duplicate copy in his place of business
for a period of 3 years from the close of
the taxable year
Within 5 years from the effectivity of
this Act and upon the establishment of a
system capable of storing and processing
the required data, the Bureau shall
require taxpayers engaged in the export
Within 5 years from the effectivity of this
Act and upon the establishment of a
system capable of storing and processing
the required data, the Bureau shall require
taxpayers engaged in the export of goods
and services, & the taxpayers under the
jurisdiction of the Large Taxpayers Service
to electronically report their sales data
through the use of electronic point of sales
system
of goods and services, & the taxpayers
under the jurisdiction of the Large
Taxpayers Service to electronically
report their sales data through the use
of electronic point of sales system
Section 79. Income Tax Collected at TRAIN Act removed subsections (D)
source Personal Exemptions, and subsection (F)
(A) Requirement of Withholding. - Husband and Wife
Except in the case of a minimum wage
earner as defined in Section 22(HH) of
this Code, every employer making
payment of wages shall deduct and
withhold upon such wages a tax
determined in accordance with the rules
and regulations to be prescribed by the
Secretary of Finance, upon
recommendation of the Commissioner.
(B) Tax Paid by Recipient. - If the
employer, in violation of the provisions
of this Chapter, fails to deduct and
withhold the tax as required under this
Chapter, and thereafter the tax against
which such tax may be credited is paid,
the tax so required to be deducted and
withheld shall not be collected from the
employer; but this Subsection shall in no
case relieve the employer from liability
for any penalty or addition to the tax
otherwise applicable in respect of such
failure to deduct and withhold.
(C) Refunds or Credits. -

(1) Employer. - When there has

been an overpayment of tax under this
Section, refund or credit shall be made
to the employer only to the extent that
the amount of such overpayment was
not deducted and withheld hereunder by
the employer.

(2) Employees. -The amount

deducted and withheld under this
Chapter during any calendar year shall
be allowed as a credit to the recipient of
such income against the tax imposed
under Section 24(A) of this Title.
Refunds and credits in cases of excessive
withholding shall be granted under rules
and regulations promulgated by the
Secretary of Finance, upon
recommendation of the Commissioner.

Any excess of the taxes withheld over

the tax due from the taxpayer shall be
returned or credited within three (3)
months from the fifteenth (15th) day of
April. Refunds or credits made after
such time shall earn interest at the rate
of six percent (6%) per annum, starting
after the lapse of the three-month period
to the date the refund of credit is made.

Refunds shall be made upon warrants

drawn by the Commissioner or by his
duly authorized representative without
the necessity of counter-signature by the
Chairman, Commission on Audit or the
latter's duly authorized representative
as an exception to the requirement
prescribed by Section 49, Chapter 8,
Subtitle B, Title 1 of Book V of
Executive Order No. 292, otherwise
known as the Administrative Code of
1987.
(D) Personal Exemptions.-

(1) In General. - Unless otherwise

provided by this Chapter, the personal
and additional exemptions applicable
under this Chapter shall be determined
in accordance with the main provisions
of this Title.

(2) Exemption Certificate. -

(a) When to File. - On or before

the date of commencement of
employment with an employer, the
employee shall furnish the employer
with a signed withholding exemption
certificate relating to the personal and
additional exemptions to which he is
entitled.

(b) Change of Status. - In case of

change of status of an employee as a
result of which he would be entitled to a
lesser or greater amount of exemption,
the employee shall, within ten (10) days
from such change, file with the employer
a new withholding exemption certificate
reflecting the change.

(c) Use of Certificates. - The

certificates filed hereunder shall be used
by the employer in the determination of
the amount of taxes to be withheld.

(d) Failure to Furnish

Certificate. - Where an employee, in
violation of this Chapter, either fails or
refuses to file a withholding exemption
certificate, the employer shall withhold
the taxes prescribed under the schedule
for zero exemption of the withholding
tax table determined pursuant to
Subsection (A) hereof.
(E) Withholding on Basis of Average (D) Withholding on Basis of Average
Wages. - The Commissioner may, under Wages. - The Commissioner may, under
rules and regulations promulgated by rules and regulations promulgated by the
the Secretary of Finance, authorize Secretary of Finance, authorize employers
employers to: to:

(1) Estimate the wages which will be (1) Estimate the wages which will be
paid to an employee in any quarter of paid to an employee in any quarter of the
the calendar year; calendar year;

(2) Determine the amount to be (2) Determine the amount to be

deducted and withheld upon each deducted and withheld upon each payment
payment of wages to such employee of wages to such employee during such
during such quarter as if the quarter as if the appropriate average of the
appropriate average of the wages so wages so estimated constituted the actual
estimated constituted the actual wages wages paid; and
paid; and
(3) Deduct and withhold upon any
(3) Deduct and withhold upon any payment of wages to such employee during
payment of wages to such employee such quarter such amount as may be
during such quarter such amount as required to be deducted and withheld
may be required to be deducted and during such quarter without regard to this
withheld during such quarter without Subsection.
regard to this Subsection.
(F) Husband and Wife. - When a
husband and wife each are recipients of
wages, whether from the same or from
different employers, taxes to be withheld
shall be determined on the following
bases:

(1) The husband shall be deemed the

head of the family and proper claimant
of the additional exemption in respect to
any dependent children, unless he
explicitly waives his right in favor of his
wife in the withholding exemption
certificate.

(2) Taxes shall be withheld from the

wages of the wife in accordance with the
schedule for zero exemption of the
withholding tax table prescribed in
Subsection (D)(2)(d) hereof.
(G) Nonresident Aliens. - Wages paid to (E) Nonresident Aliens. - Wages paid to
nonresident alien individuals engaged in nonresident alien individuals engaged in
trade or business in the Philippines shall trade or business in the Philippines shall be
be subject to the provisions of this subject to the provisions of this Chapter.
Chapter.
(H) Year-end Adjustment. - On or
before the end of the calendar year but
prior to the payment of the
compensation for the last payroll period,
the employer shall determine the tax due
from each employee on taxable
compensation income for the entire
taxable year in accordance with Section
24(A). The difference between the tax
due from the employee for the entire
year and the sum of taxes withheld from
January to November shall either be
withheld from his salary in December of
the current calendar year or refunded to
the employee not later than January 25
of the succeeding year.
(F) Year-end Adjustment. - On or before
the end of the calendar year but prior to the
payment of the compensation for the last
payroll period, the employer shall
determine the tax due from each employee
on taxable compensation income for the
entire taxable year in accordance with
Section 24(A). The difference between the
tax due from the employee for the entire
year and the sum of taxes withheld from
January to November shall either be
withheld from his salary in December of
the current calendar year or refunded to the
employee not later than January 25 of the
succeeding year.