TAX REFERENCE MATERIALS

Updated as of 15 August 2012

A. INCOME TAX

RR 02-40 Income Tax Regulations

RR 06-08 Taxation of Sale, Barter, Exchange or Other Disposition of Shares of
Stock Held as Capital Assets

RMC 37-12 Clarifying Section 11 of RR 06-08

RMC 35-11 Improperly Accumulated Earnings Tax (IAET)
RR 02-01 Clarification of Issues Concerning IAET
RR 14-01 NOLCO
RR10-00 Fringe Benefits
RR08-00
RR 03-98

RR 08-12 De minimis benefits

RR 05-11
RR 05-08
RR 11-10 Managerial and Technical Positions
RMC 41-09
RR 10-02 Ceiling on Entertainment, Amusement and Recreational Expenses
RR 13-98 Deductibility of Contributions or Gifts Actually Paid or Made to
Accredited Donee Institutions
RR 25-02 Deductibility of Bad Debts
RR 05-99
RR 07-03 Guidelines in Determining Whether a Particular Real Property is a
Capital Asset or an Ordinary Asset
RMC 18-11 Income Tax Exemption of Interest Income Earnings from Long Term
Deposits or Investment Certificates
RMC 03-12 General Professional Partnerships
RA 10026 Tax Exemption to Local Water Districts
RMC 28-10
RMC 27-11 SSS, GSIS, PHIC and Pag-ibig contributions
RMC 40-12 Tax-Free Exchanges
RMO 17-02
RMO 32-01
RR 18-01
RR 09-11 Change in Accounting Period
RR 03-11

B. Estate and Donor’s Tax

RR 02-03 Consolidated Revenue Regulations on Estate Tax and Donor's Tax

RMO 10-10 Project R.I.P.

C. Value Added Tax

RR 16-11 VAT Regulations

RR 04-07
RR 16-05
RMC 49-03 Claims for Value-Added Tax (VAT) Credit/Refund
RMC 42-03
RMO 16-07 Big Ticket Items of Purchases
CIR vs. Aichi (GR No. 184823) Observance of the “120-30 rule”
RMC 62-05 Revised Guidelines in the Registration & Invoicing Requirements
Including Clarification on Common Issues Affecting VAT Taxpayers
RR 01-12 Mandatory submission of Summary List of Sales and Purchases
RMC 31-11 Requisites for VAT zero rating for international shipping or
international air transport operations
RMC 29-05 VAT applicable to Petroleum Industry

D. Electronic Filing of Tax Returns and Payment of Taxes

RR 01-10 EFPS Regulations

RR 03-09
RR 10-07
RR 05-04
RR 26-02
RR 02-02
RR 09-01
RMC 43-12 Procedures for All EFPS Filers in Filing Annual Income Tax Return
(AITRs) Covering and Starting Calendar Year 2011

E. Local Taxes

RA 7160 Local Government Code

Book II, Title I Local Government Taxation

Title II Real Property Taxation

F. Documentary Stamp Tax

RA 9243 DST Law

RA 9648 DST exemption on the sale, barter or exchange of listed shares

RA 10001 Reduction of Taxes on Life Insurance Policies

RMC 22-10
RMO 36-07 DST Regulations
RR 13-04

G. PEZA

RA 7916 PEZA Law

RA 8748
EO 226 Omnibus Investment Code
RA 7198
RA 7888
RR 11-05 PEZA Regulations
RR 02-05
RMC 15-07 Memorandum of Agreement between PEZA and BIR
BIR Ruling No. 014-2012 Royalty payments made by a PEZA-registered company under a
Trademark License Agreement are now NOT DEDUCTIBLE from gross
revenues
H. Assessment

RR 12-99 Rules on Assessment of National Internal Revenue Taxes

RMC 29-12 Waiver of the Statute of Limitations
RMC 06-05
RMO 20-90
RMO 19-07 Schedule of Compromise Penalties

I. Other Matters

RMO 72-10 Tax Treaty Relief Applications

RMO 01-00
RMC 38-12 Senior Citizens
RMC 45-10
RR 08-10
RR 07-10
DOH Admin. Order 2010-0032
IRR of RA 9994
RA 9994
Filinvest Dev’t Corp. vs. CIR DST on intercompany advances
(CA-GR No. 72992)
RR 14-11 Tax Credit Certificates
RR 05-00
RA 8756 RHQ/ROHQ Law
IRR of RA 8756

ISSI vs. CIR (CTA Case 7662) Single Entity Doctrine

RMO 15-03 ONETT and CARs

RMC 25-11 Revocation of BIR Ruling DA (DT-065) 715-2009 (Exemption from

donor’s tax from the sale of unlisted shares)
RMC 71-03 Computerized Accounting System
Gamboa vs. Teves The term capital refers only to shares of stock entitled to vote.
(GR No. 176579)