Professional Documents
Culture Documents
Key amendments
1. Individual Income Tax 9. Excise Tax on:
2. Final Income Tax ü Automobiles
3. Estate Tax ü Petroleum products
4. Donor’s Tax ü Tobacco products
5. Value Added Tax ü Sweetened beverages
6. Documentary Stamp Tax ü Mineral products
7. Some administrative ü Cosmetic procedures
provisions (non-essential
8. Penalties services)
4
What is TRAIN?
The goal of the first package of the CTRP or
TRAIN is to create a simpler, fair, and more
efficient system, as per the constitution,
where the rich will have a bigger contribution
and the poor will benefit more from the
government’s programs and services.
The purpose of TRAIN is
to make our country’s tax
system
The purpose of TRAIN is
to make our country’s tax
system
The purpose of TRAIN is
to make our country’s tax
system
It is the first package in the
Comprehensive Tax Reform
Program (CTRP) which is expected
to generate for 2018
Sec'on 24 Taxable income of individuals are subject Revised personal income tax brackets of
Income tax rates to the following graduated rates: 2018-2022:
on individual Tax Schedule effective January 1, 2018 to
Tax Schedule
ci'zen and December 31, 2022
individual Over P250,000 P50,000 + 30% of Over P250,000 but 20% of the excess over
resident alien of but not over the excess over not over P400000 P250,000
the Philippines P500,000 P250,000
Over P400,000 but P30,000 + 25% of the
Over P500,000 P125,000 + 32% not over P800,000 excess over P400,000
of the excess
Over P800,000 but P130,000 + 30% of the
over P500,000
not over P2million excess over P800,000
Section 24 (B) (1) Interest income received by an The rate of final tax on interest
Final tax on individual taxpayer (except a income received by resident individual
interest on foreign non-resident individual) from a taxpayer under the expanded foreign
currency deposit depository bank under the currency deposit system increased
expanded foreign currency from 7.5% to 15% final tax
deposit (EFCD) system is
subject to 7.5% final tax
NIRC NIRC TRAIN
Provision
Section 24 (C) The capital gains tax on net The final tax rate for net capital gains
Capital gains tax capital gains realized from sale, tax on the sale, barter, exchange or
on sale of shares barter, or exchange or other other disposition of shares of stock in a
not traded disposition of shares of stock in domestic corporation no traded through
through the stock a domestic corporation not the stock exchange is increased from
exchange traded through the stock 5/10% CGT to a flat rate of 15% CGT
exchange is:
Section 25 (C) Alien individuals and qualified Additional provision [Subsection (F)]
(D) (E) Filipino employees employed by The 15% preferential tax rate
Preferential tax 1. Regional or area and Regional provided in Subsection (C), (D) and
rate for Operating headquarters or (E) shall not be applicable to RHQs.
individuals multinational companies (RHQs ROHQs, OBUs or Petroleum service
employed by and ROHQs) [Subsection (C)] contractor and subcontractor
RHQ, ROHQ, 2. Offshore banking units (OBUs) registering with the SEC after
OBU and [Subsection (D)] January 1, 2018. But existing
Petroleum 3. Petroleum Service contractor RHQs, ROHQs, OBUs or Petroleum
Contractors and subcontractor [Subsection service contractor and subcontractor
Capital and (E)] shall continuously be entitled to avail
subcontractors are subject to a preferential tax of of the preferential tax treatment for
15% final withholding tax on gross their present and future qualified
compensation income. employees.
NIRC Provision NIRC TRAIN
– Transfer Taxes
Estate Tax
NIRC NIRC TRAIN
Provision
Section 84 The Estate Tax rate is based on graduated schedule. The Estate Tax rate is fixed at
Rates of 6% based on the value of the
Estate Tax NET ESTATE TAX net estate.
Not over ₱200,000 Exempt
Over ₱200,000 but not 5% of the excess over
over ₱500,000 ₱200,000
Over ₱500,000 but not ₱15,000 + 8% of the excess
over ₱2M over ₱500,000
Over ₱2M but not over ₱135,000 + 11% of the excess
₱5M over ₱2M
Over ₱5M but not over ₱465,000 + 15% of the excess
P10M over ₱5M
Over ₱10M ₱1,215,000 + 20% of the
excess over ₱10M
Estate Tax
NIRC Provision NIRC TRAIN
Section 86 (A) The value of the net estate of a The following are the allowable
Allowable resident or citizen is determined by deductions from the gross estate of a
deductions from the deducting the following from the resident or citizen:
gross estate of a gross estate: 1. Standard deduction of
citizen/resident 1. Standard deduction of ₱5,000,000;
₱1,000,000; 2. Claims against the estate;
2. Expenses, losses, 3. Claims against insolvent persons;
indebtedness, and taxes 4. Unpaid mortgage or indebtedness
a. Funeral expenses on property;
b. Judicial expenses
c. Claims against insolvent
persons
d. Unpaid mortgages
Estate Tax
NIRC Provision NIRC TRAIN
Section 86 (A) 3. Property previously taxed; 5. Property previously taxed;
Allowable 4. Transfers for public use; 6. Transfers for public use;
deductions from the 5. Family home in the amount of 7. Family home, in the increased
gross estate of a ₱100,000,000; amount of ₱10,000,000;
citizen/resident 6. Medical expenses, not 8. Amounts received by heirs RA No.
exceeding ₱500,000; 4917 (Retirement benefits of
7. Amount received by heirs private firm employees)
under RA No. 4917
(Retirement benefits of private
firm employees)
Estate Tax
NIRC Provision NIRC TRAIN
Section 86 (B) The value of the net estate of a For Non-residents:
Allowable non-resident is determined by 1. Standard deduction in the amount
deductions from the deducting the following from the of ₱500,000;
gross estate of a gross estate: 2. Value of
non-resident alien 1. Expenses, losses, ü Claims against the estate
indebtedness, and taxes in ü Claims against the insolvent
proportion to the value of person
entire gross estate situated in ü Unpaid mortgages
the Philippines; In proportion to the value of the
2. Property previously taxed; entire gross estate situated in the
3. Transfers for public use Philippines
3. Property previously taxed;
4. Transfers for public use
Estate Tax
NIRC Provision NIRC TRAIN
Section 86 (D) No deduction shall be allowed in Miscellaneous provision is deleted.
Miscellaneous the case of a non-resident not a
provision for non- citizen of the Philippines, unless
residents the executor, administrator, or
anyone of the heirs, as the case
may be, includes in the return
required to be filed under the
Section 90 the value at the time of
his death of that part of the gross
estate of the non-resident not
situated in the Philippines.
Estate Tax
NIRC Provision NIRC TRAIN
Section 89 Notice of decedent’s death shall be Requirement for filing of notice of
Notice of Death filed by the executor, administrator, death is removed.
or any of the legal heirs within two
months after death or after
qualifying as such executor or
administrator:
ü In all cases of transfers subject
to tax
ü In cases where though exempt
from tax, the gross value of the
estate exceeds ₱20,000.
Estate Tax
NIRC Provision NIRC TRAIN
Section 90 Estate tax returns showing a gross The threshold amount for the
Attachment to value exceeding ₱2,000,000 shall requirement of attaching a statement
Estate Tax Return – be supported with a statement duly duly certified by a CPA is increased
CPA certification certified by a CPA to ₱5,000,000 (from ₱2,000,000).
Section 90 Estate tax returns shall be filed The filing of estate tax returns shall
Time of filing of within six (6) months from the be within one (1) year from the
estate tax return decedent’s death. decedent’s death.
Estate Tax
NIRC Provision NIRC TRAIN
Section 91 (C) No provision In case the available cash of the
Payment by estate is insufficient to pay the total
installment of estate estate tax due, payment by
tax [new] installment shall be allowed within
two (2) years from the statutory
date of payments, without civil
penalty and interest.
Estate Tax
NIRC Provision NIRC TRAIN
Section 97 If a bank has knowledge of the If a bank has knowledge of the death
Payment of tax death of a person, who maintained of a person, who maintained a bank
antecedent to the a bank deposit account alone, or deposit account alone, or jointly with
transfer of shares, jointly with another, it shall not another, it shall allow any withdrawal
bonds, or rights allow any withdrawal from the said from the said deposit account,
deposit account unless the subject to a final withholding tax
Commissioner has certified that of (6%).
the taxes imposed thereon have
been paid.
Donor’s Tax
NIRC NIRC TRAIN
Provision
Section 99 The donor’s tax for each calendar year shall be The donor’s tax for is fixed at 6%
Rates of tax computed on the basis of the total net gifts made based on annual total gifts exceeding
during the calendar year in accordance with the ₱250,000 (exempt gift), regardless of
graduated tax table. whether the done is a stranger or not.
6. The sale of goods, supplies, 6. The sale of goods, supplies,
equipment and fuel to equipment and fuel to persons
persons engaged in engaged in international shipping
international shipping or or international air transport;
international air transport provided, that the goods, supplies,
operations. equipment and fuel have been
sold and used for international
shipping or air transport
operations.
NIRC Provision NIRC TRAIN
Section 106 (A)(2) Additional provision:
Zero-rated Sale of Items 3, 4, and 5 shall be subject to the 12% VAT
Goods or Properties and no longer be considered export sales subject
to 0% VAT upon satisfaction of the following
conditions:
ü There is a successful establishment and
implementation of an enhanced VAT refund
system that grants refunds of creditable input
tax within 90 days from the filing of the VAT
refund application with the Bureau.
7. Sale of power or fuel generated 7. Sale of power or fuel generated
through renewable sourced of through renewable sourced of
energy such as, but not limited to, energy such as but not limited to
biomass, solar, wind, hydropower, biomass, solar, wind, hydropower,
geothermal, ocean energy, and geothermal, ocean energy, and
other emerging energy sources other emerging energy sources
using technologies such as fuel using technologies such as fuel
cells and hydrogen fuels. cells and hydrogen fuels.
NIRC NIRC TRAIN
Provision
Section 108 (B) 8. Services rendered to:
Zero-rated Sale
of Services ü Registered enterprises within a
separate customs territory
Section 109 (D) upon the production of for their own use and not for barter or sale,
V A T - e x e m p t evidence satisfactory to the accompanying such persons, or arriving
transactions Commissioner, that such within a reasonable time: Provided, That
persons are actually coming to the Bureau of Customs may, upon the
settle in the Philippines and production of satisfactory evidence that
that the change of residence is such persons are actually coming to settle
bona fide. in the Philippines and that the goods are
brought from their former place of abode,
exempt such goods from payment of duties
and taxes: Provided, further, That vehicles,
vessels, aircrafts, machineries and other
similar goods for use in manufacture, shall
not fall within this classification and shall
therefore be subject to duties, taxes and
other charges.
NIRC NIRC TRAIN
Provision
Section 109 Sale of real properties not Sale of real properties not primarily held for sale
(P) primarily held for sale to to customers or held for lease in the ordinary
VAT-exempt customers or held for lease course of trade or business or real property utilized
Transactions in the ordinary course of for low-cost and socialized housing, residential lot
trade or business or real valued at P1,500,000.00 and below; house and lot,
property utilized for low-cost and other residential dwellings valued at
and socialized housing, P2,500,000.00 and below.
residential lot valued at
P1,919,500.00 and below; Beginning January 1, 2021:
house and lot, and other ü The VAT exemption shall not anymore apply to:
residential dwellings valued - Sale of low-cast housing
at P3,199,200.00 and - Sale of residential lot
below. ü The threshold selling price amount for sale of
house and lot, and other residential dwellings
shall be P2,000,000.00
NIRC NIRC TRAIN
Provision
Section 109 Every 3 years, the threshold Every 3 years, the threshold amount shall be
(P) amount shall be adjusted to its adjusted to its present value using the
VAT-exempt present value using the Consumer Price Index, as published by the
Transactions Consumer Price Index, as Philippine Statistics Authority (PSA).
published by the National
Statistics Office.
Section 109 (Q) Lease of a residential unit with (Q) Lease of a residential unit with a
VAT-exempt a monthly rental not exceeding monthly rental not exceeding P15,000.00.
Transactions P12,800.00.
Section 109 (W) Sale or lease of goods (Z) Sale of gold to the BSP.
V A T - e x e m p t or properties or the
Transactions performance of services (AA) Sale of drugs and medicines prescribed
other than the transactions for diabetes, high cholesterol, and
specifically mentioned as hypertension beginning January 1, 2019.
VAT-exempt, the gross
annual sales and/or Now (BB) Sale or lease of goods or
receipts do not exceed the properties or the performance of services
amount of P1,919,500.00 other than the transactions mentioned in the
(as amended). preceding paragraphs, the gross annual
sales and/or receipts do not exceed the
amount of P3,000,000.
NIRC Provision NIRC TRAIN
Section 110 (A)(2) The input tax on the Amortization of input VAT shall only
(b) purchase of capital allowed until December 31, 2021.
Amortization of goods with a cost
Input VAT from e x c e e d i n g After such date, taxpayers with
Purchases of P1,000,000.00 shall be unutilized input VAT on capital goods
Capital Goods amortized based on its purchased or imported shall be
useful life or 60 months, allowed to apply the same as
whichever is shorter. scheduled until fully utilized.
NIRC Provision NIRC TRAIN
Section 112 The Commissioner shall ü The period of granting by the Commissioner
R e f u n d s o r Ta x grant a refund or issue a of refunds is decreased to 90 days (from 120
Credit of Input VAT tax credit certificate for days) from the date of submission of
creditable input taxes complete documents in support of the
within 120 days from the application.
date of submission of
complete documents. ü The granting of tax credit instead of refund is
removed.
Additional provision:
Should the Commissioner find that the grant of
refund is not proper, the Commissioner must
sate in writing the legal and factual basis for
denial.
NIRC Provision NIRC TRAIN
Section 112 Failure on the part of the The deemed denial of failure to act on the
R e f u n d s o r Ta x Commissioner to act on application is removed.
Credit of Input VAT the application within the
period prescribed shall Additional provision:
be deemed a denial of
the application. Failure on the part of any official, agent, or
employee of the BIR to act on the application
within the ninety (90) – day period shall be
punishable under Section 269 of the Tax Code
(administrative fine and imprisonment).
NIRC Provision NIRC TRAIN
Section 114 (A) VAT taxpayers shall file Beginning January 1, 2023, the filing and
Return and Payment quarterly return within 25 payment shall be done within 25 days
of VAT days following the close of following the close of each taxable
each taxable quarter, quarter.
while payment of the VAT
shall be made on a
monthly basis upon filing
of monthly VAT
declaration.
NIRC Provision NIRC TRAIN
Section 128 The Commissioner may prescribe by This power of the Commissioner
Return and rules and regulations other intervals was removed.
payment of of time for filing the percentage tax
percentage taxes return, also including a scheme of tax
prepayment.
RA 10963: Tax Reform for
Acceleration and Inclusion
(TRAIN)
– Excise Taxes
NIRC Provision NIRC TRAIN
Sec'on 129 Excise taxes apply to goods Excise tax shall also be
Goods and services subject to manufactured or produced in imposed to services
excise tax the Philippines for domes'c performed in the
sales or consump'on or for Philippines
any other disposi'on and to
things imported
Tobacco
Sec4on 145 RA 10351/ TRAIN
(B) and (C) RR 17-2012
CIGARETTES, per 2017 January 1, July 1, 2018 January 1, January 1, January 1,
pack 2018 un'l un'l December 2020 un'l 2022 un'l 2024
June 30, 31, 2019 December December Onwards
2018 31, 2021 31, 2021
CigareZes P 30.00 P 32.50 P 35.00 P 37.50 P40.00 Effec'vity
1/1/2024,
packed by the specific
hand tax rate
shall be
CigareZes P 30.00 P 32.50 P 35.00 P 37.50 P40.00
increased
packed by by 4%
machine every year
therea_er
Petroleum
RA 10351/ TRAIN
RR 17-2012
Sec4on 148 January January 1, January
Excise tax on petroleum products 1, 2018 2019 1, 2020
(a) Lubrica'ng oils and greases, including but not P 4.50
limited to basestock for lube oils and greases,
high vacuum dis'llates, aroma'c extracts and
other similar prepara'ons, and addi'ves for
lubrica'ng oils and greases, whether such
addi'ves are petroleum based or not, per liter
and kilogram respec'vely, of volume capacity or P 8.00 P 9.00 P 10.00
weight.
(a.1) Locally produced or imported oils previously P 4.50
taxed but are subsequently reprocessed,
refined or recycled, per liter and kilogram of
volume capacity or weight.
Petroleum
RA TRAIN
10351/
Sec4on 148 January January 1, January
RR
Excise tax on petroleum products 17-2012 1, 2018 2019 1, 2020
(b) Processed gas, per liter of volume capacity. P 0.05
Pyrolysis gasoline -
P 7.00 P 9.00 P 10.00
(g) Unleaded premium gasoline, per liter of P 4.35
volume capacity
(h) Kerosene, per liter of volume capacity P 0.00 P 3.00 P 4.00 P 5.00
(i) Avia'on turbo jet fuel, per liter of volume P 3.67
capacity
Avia'on gas - P 4.00 P 4.00 P 4.00
(j) Kerosene, when used as avia'on fuel, per liter P 3.67
of volume capacity
Petroleum
RA TRAIN
10351/
Sec4on 148 January January 1, January
RR
Excise tax on petroleum products 17-2012 1, 2018 2019 1, 2020
(k) Diesel fuel oil, and on similar fuel oils having P 0.00
more or less the same genera'ng power, per
liter of volume capacity
(l) Liquefied petroleum gas used for mo've power, P 0.00
per kilogram P 2.50 P 4.50 P 6.00
(m) Bunker fuel oil, and on similar oils having more P 0.00
or less the same genera'ng power, per liter of
volume capacity
(n) Petroleum coke, per metric ton -
(o) Liquefied petroleum gas, per kilogram P 0.00 P 1.00 P 2.00 P 3.00
Petroleum
RA TRAIN
10351/
Sec4on 148 January 1, January 1, January
RR
Excise tax on petroleum products 17-2012 2018 2019 1, 2020
(p) Naphtha and pyrolysis gasoline, when used as a raw P 0.00
material in the produc'on of petrochemical products or in
the refining of petroleum products, or as replacement fuel
for natural-gas-fired-combined cycle power plant, in lieu
of locally-extracted natural gas during the non-availability
thereof, per liter of volume capacity
P 0.00 P 0.00 P 0.00
(q) Liquefied petroleum gas, when used as raw material in P 0.00
the produc'on of petrochemical products, per kilogram
(r) Petroleum coke, when used as feedstock to any power -
genera'ng facility, per metric ton
NIRC Provision TRAIN
Sec'on 148 The by-product from the processing of naphtha into petrochemical products
Excise tax on shall be subject to the applicable excise tax.
petroleum
products Except when the by-products are transferred to any of the local oil refineries
through sale, barter or exchange, for the purpose of further processing or
blending into finished products which are subject to excise tax herein.
For the period 2018 – 2020, the scheduled increase in rate shall be suspended
when the DUBAI crude oil price reaches or exceeds USD80 per barrel for 3
months prior to the scheduled increase.
NIRC Provision NIRC TRAIN
Sec'on 148-A No provision The Secretary of Finance shall require the use of an
Marking of official fuel marking or similar technology on
petroleum porducts petroleum products that are refined, manufactured
(new) or imported into the Philippines, and that are subject
to the payment of taxes and du'es.
NIRC Provision NIRC TRAIN
Sec'on 148-A No provision Who shall cause and accommodate the marking with
Marking of the official marking agent:
petroleum porducts
(new) • the person, en'ty, or taxpayer who owns or enters
the petroleum products into the country, OR
• the person to whom the petroleum products are
consigned
Internal revenue or customs officers shall administer
the declara'on of taxes and du'es imposed and
oversee the applica'on of the fuel marking.
NIRC Provision NIRC TRAIN
Sec'on 148-A No provision The government shall engage only one fuel marking
Marking of provider necessary for the proper implementa'on of
petroleum porducts this provision.
(new)
All costs pertaining to the procurement of the official
fuel markers shall be borne by the refiner,
manufacturer or importer, of petroleum products.
The government may subsidize the cost of official fuel
markers in the first year of implementa'on.
The marking shall be mandatory within 5 years from
the effec'vity of the tax reform law.
NIRC Provision NIRC TRAIN
Sec'on 150-A No provision The tax shall not apply to nor cover:
On non-essen'al
services [new] 1. Procedures necessary to ameliorate a deformity
arising from, or directly related to:
• a congenital or developmental defect or
abnormality
• a personal injury resul'ng from an accident or
trauma
• a disfiguring disease, tumor, virus or infec'on
2. Cases or treatments covered by the Na'onal
Health Insurance Program
NIRC Provision NIRC TRAIN
Sec'on 150-B No provision The rate of ₱6.00 shall not apply to sweetened
On sweetened beverages using high fructose corn syrup
beverages [new]
Exempt: Sweetened beverages using
1. Purely coconut sap sugar
2. Purely steviol glycosides
NIRC Provision NIRC TRAIN
RA 10351/ TRAIN
RR 17-2012
Sec4on 151 January January 1, January
Excise tax on mineral products 1, 2018 2019 1, 2020
On coal and coke, per metric ton P 10.00 P 50.00 P 100.00 P 150.00
Minerals
3. Locally-extracted natural gas and liquefied natural gas P0.00 Exempt
Minerals
Sec'on 171 Any internal revenue The internal revenue officer now also has the
Authority of officer may enter any authority to TEST the ar'cles subject to excise tax.
Internal Revenue house, building, or
Officer to search place where ar'cles are The Commissioner or his authorized representa've
[and test] taxable produced or kept so far may conduct periodic random field tests and
ar'cles as may be necessary to confirmatory tests on fuel required to be marked
examine, discover, or found in warehouses, storage tanks, gas sta'ons and
seize the same. other retail outlets, and in such other proper'es of
persons engaged in the sale, delivery, trading,
transporta'on, distribu'on, or importa'on of fuel
intended for the domes'c market.
NIRC Provision NIRC TRAIN
– Administrative Provisions
NIRC NIRC TRAIN
Provision
Section 232 All corporations, companies, All corporations, companies,
Keeping of books partnerships or persons required partnerships or persons required by
of accounts by law to pay internal revenue law to pay internal revenue taxes
taxes shall keep a journal and a shall keep and use relevant and
ledger. appropriate set of bookkeeping
records duly authorized by the
Those whose quarterly sales, Secretary of Finance.
earnings, receipts, or output do not
exceed PHP50,000 shall keep and
use simplified set of bookkeeping
records.
NIRC NIRC TRAIN
Provision
Section 232 Those whose gross quarterly Those whose gross annual sales,
Keeping of books sales, earnings, receipts or output earnings, receipts or output exceed
of accounts exceed P150,000 shall have their ₱3,000,000 shall have their books of
books of accounts audited and accounts audited and examined
examined yearly by independent yearly by independent CPAs and their
Certified Public Accountants ITRs accompanied with a duly
( C PA s ) a n d t h e i r I T R s accomplished AIF.
accompanied Account Information
Form (AIF).
NIRC NIRC TRAIN
Provision
Section 232 All corporations, companies, All corporations, companies,
Keeping of books partnerships, or persons required partnerships or persons required by
of accounts by law to pay internal revenue law to pay internal revenue taxes
taxes shall keep a journal and a shall keep and use relevant and
ledger. appropriate set of bookkeeping
records duly authorized by the
Those whose quarterly sales, Secretary of Finance.
earnings, receipts, or output do
not exceed P50,000 shall keep
and use simplified set of
bookkeeping records
NIRC NIRC TRAIN
Provision
Section 236 The taxpayer’s registration shall Additional proviso:
Registration contain the information as may be
Requirements required by the Commissioner in the The Commissioner shall simplify the
form prescribed business registration and tax
compliance requirements of self-
employed individuals and/or
professionals.
– Penalties
NIRC NIRC TRAIN
Provision
Section 249 (A) 20% interest on any unpaid amount General interest on unpaid amount of
General interest of tax from the date prescribed for tax is changed to 12% (at double the
payment until the amount fully paid rate of legal interest rate for loans or
forbearance of any money in the
absence of an express stipulation as
set by the BSP; prevailing BSP-set
legal interest is 6%)
Additional proviso:
Deficiency and delinquency interest
shall in no case be imposed
simultaneously.
NIRC NIRC TRAIN
Provision
Section 249 (B) Deficiency interest is assessed and The period when deficiency interest
Deficiency collected from the date prescribed shall stop to run is until full payment
interest for its payment until full payment OR upon issuance of a notice and
thereof. demand by the BIR Commissioner;
whichever comes earlier.
NIRC NIRC TRAIN
Provision
Section 254 Any person who willfully attempts Fine is increased to not less than
Attempt to evade in any manner to evade or defeat P500,000 but not more than
or defeat tax any tax imposed under this Code P10,000,000
or the payment thereof shall, in
addition to other penalties provided Imprisonment is increased to not
by law, upon conviction thereof; be less than 6 years but not more
punished by a fine of not less than than 10 years
P30,000 but not more than
P100,000 and suffer imprisonment
of not less than 2 years but not
more than 4 years.
NIRC NIRC TRAIN
Provision
Section 264 Any person who: Same
Failure or refusal ü fails or refuses to issue receipts/
to issue receipts invoices
or invoices ü issues receipts/invoices that do
not fully reflect required
information
ü uses multiple or double receipts
or invoices
shall upon conviction be punished
by a fine of not less than P1,000
but not more than P50,000 and
suffer imprisonment of not less
than 2 years but not more than 4
years
NIRC NIRC TRAIN
Provision
Section 264 Fine of not less than P1,000 but Fine is increased to not less than
Failure or refusal not more than P50,000 and P500,000 but not more than
to issue receipts imprisonment of not less than 2 P10,000,000
or invoices years but not more than 4 years for
any person who: Imprisonment is increased to not
(on printer’s ü Print receipts/invoices without less than 6 years but not more
violation) authority from the BIR than 10 years
ü Print double or multiple sets of
invoices or receipts Additional punishable offense:
ü Print unnumbered receipts/ Printing of other fraudulent receipts
invoices not bearing the name, or sales or commercial invoices
business style, TIN and
business address of the entity
NIRC NIRC TRAIN
Provision
Section 264-A No provision Any taxpayer required to transmit
Failure or sales data to the BIR’s electronic
transmit Sales sales reporting system but fails to do
Data Entered on so, shall pay:
Cash Register
Machine/Point of For each day of violation:
Sales System 1/10 of 1% of the annual net income
(POS) Machines as reflected in the Audited FS for the
to the BIR’s second year preceding the current
Electronic Sales taxable year OR P10,000, whichever
Reporting is higher.
System [new]
NIRC NIRC TRAIN
Provision
Section 264-A No provision IF the aggregate number of days of
Failure or violation exceed 180 days within a
transmit Sales taxable year, additional penalty shall
Data Entered on be: permanent closure of the
Cash Register taxpayer
Machine/Point of
Sales System The penalty shall not apply if the
(POS) Machines failure to transmit is due to force
to the BIR’s majeure or any causes beyond the
Electronic Sales control of the taxpayer
Reporting
System [new]
NIRC NIRC TRAIN
Provision
Section 264-B No provision Covered person shall be any person
Sales who purchase, use, possess, sell or
suppression offer to sell, install, transfer, update,
devices [new] upgrade, keep, or maintain such
automated sales suppression device
or software designed for or is capable
of:
ü Suppressing the creation of
electronic records of sale
transactions that a taxpayer is
required to keep under existing tax
laws and/or regulation; or
ü Modifying, hiding or deleting
electronic records of sales
transactions and providing ready
means of access to them
NIRC NIRC TRAIN
Provision
Section 264-B No provision Penalty:
Sales Fine of not less than P500,000 but
suppression not more than P10,000,000 and
devices [new] imprisonment of not less than 2
years but not more than 4 years