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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.

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Tax Particulars National Internal Revenue Code of 1997 R. A. No. 10963
Registration Sec. 236 (A) Registration shall contain a taxpayer’s name, style, Additional provision:
requirements place of residence, business and other information required by the The Commissioner shall simplify the business registration
Commissioner. and tax compliance requirements of self-employed
individuals and/or professionals.
Sec. 236 (G) The following are the persons required to register for VAT: The following are the persons required to register for
• With gross sales or receipts for the past 12 months, other than value-added tax:
those that are VAT–exempt, have exceeded PHP1.5m. • With gross sales or receipts for the past 12 months,
• With reasonable grounds that the gross sales or receipts for the other than those that are VAT–exempt, have exceeded
next 12 months, other than those that are VAT-exempt, will exceed PHP3m.
PHP1.5m. • With reasonable grounds that the gross sales or receipts
for the next 12 months, other than those that are VAT-
exempt, will exceed PHP3m.
Sec. 236 (H) VAT exempt persons who elected to register for VAT shall Additional provision:
not be entitled to cancel his registration for the next three years. Persons who elected to pay the 8% tax on gross sales or
receipts, in lieu of the graduated income tax rates, shall
not be allowed to avail of the option of registering for VAT.
Issuance of Sec. 237 (A) All persons subject to an internal revenue tax shall for All persons subject to an internal revenue tax shall at
receipts or sales or each sale and transfer of merchandise or for services rendered valued the point of each sale and transfer of merchandise or for
commercial invoices at PHP25 or more, issue duly registered receipts or sale or commercial services rendered valued at PHP100 or more, issue duly
invoices prepared in duplicates. registered receipts or sale or commercial invoices.
Additional provisions:
• Within five years from the effectivity of the Act and
upon establishment of a system capable of storing and
processing the required data, taxpayers engaged in
the export of goods and services, e-commerce, and
under the jurisdiction of the Large Taxpayers Service
are required to issue electronic receipts or sales or
commercial invoices in lieu of manual receipts or sales
or commercial invoices.
• Taxpayers not required to issue electronic receipts or
sales or commercial invoices may opt to do so.
• Digital records must be kept in the place of business for
a period of three years.

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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

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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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