Documente Academic
Documente Profesional
Documente Cultură
5636
S. No15W
[ REPUBLIC ACT N . 1 0 9 6 3
SECTION 1. Etle. — This Act shall be known as the “Tax addressee, and financial statements of corporations,
Reform for Acceleration and Inclusion (TRAIN)". mutual fund comp aniea, insurance companies,
SEc. 2. Declaration ofPoliey. — It is hereby declared the regional operating headquarters of multinational
policg of the State: mmpaniea, joint acmunte, aesoeiations, jointventures
or consortia and registered partnerships, and their
(a) To enhance the progressivity of the taa system through members: Prouided, That the Cooperative
the rationalization of the Philippine internal revenue tax system, DevelopmentAuthonty ahallsubmit to the Bureau a
thereby promoting sustainable and inclusive economic growth; tax incentive report, which shall include information
(b) To provide, as much as possible, an equitable relief to a on the income tax, value-added tax, and other tax
greater number of taxpayers and their families in order to improve incentives availed of by cooperatives registered and
levels of disposable income and increase economic activity; and enjoying incentives under Republic Act No. 6938, as
amended: Provided, further, That the intonation
(c) To ensure that the government is able to provide for the submitted by the Cooperative Development Authority
needs of those under its jurisdiction and care through the provision to the Bureau shall be submitted to tLe Department
of better infrastructure, health, education, jobs, and aoeial of Finance and shall be included in the database
protection for the people. created under Republic Act No. 10708, otherwise
known as ‘The Tax Incentives Management and
SEC. 3. Section 5 of the NationalInternalRevenue Co6e ot Transparency Act (TIMTA)’.
1997 (NIRC), as amended, is hereby further amended to read as
‘SEC. 5. Power of ffi Commissioner to Ot›tain SEC. 4. Section 6 of the NIRC, as amended, is hereby
Information, and to S!umruon, Examine, and Tahe further amended to read as follows:
Testimoii2 f Perso us. - In ascertaining the
correctness of any return, or in making a return when “SEC. 6. Power o/ the Com miv Riover to Make
none has been made, or in determining the liability Assess rrse n t8 an d Pres cri be Addict on at
of any person for any internal revenue tax, or in ^ Req uireme• ts for Tax Ad iniiiistratio ti arid
collecting any eueh liability, or in evaluating tax Enforcement. —
compliance, the Commissioner is authorised:
‘ (A) Examination of Returns ond
Determination of 7'nz Due. — Aker a return has
been filed aa required under the provisions of thia
“(B) To obtain on a regular basis from any Code, the Commissioner or hia duly authorized
person other than the person whose internal representative may authorize the examination of any
revenue tax liability is subject to audit or taxpayer and the assessment of:the correct amount
investigation, or from any office or officer of the of tax, notwithstanding any law requiring the prior
nationalandlocal governments, government agéncies authorization of any government agency or
and instrumentalities, including the Bangko Sentral instrumentality-. Proui‹fed, hoMeoer, That failure to
eg Pflipinas and government-owned or -controlled file a return ahall not prevent the Gommisaioner fzom
corporations, any informañon such as, but not limited authorizing the examination of any taxpayer.
to, costs and volume of production, receipts or sales
and gross incomes of taxpayers, and the namee,
88C. 5- Section 34 of the NIRC, as amended, is hereby
further amended to read asfollows:
is hereby authörised to divide the Philipjinee into On the taxable income defined inSection
di8erent zoñes or areas and shaft, upon mandatory Gode, other than ineome subject to tax
undez Subsections (B), (C), and (D) of thia Section,
consultation with œmpetent appraiaera bothfzoz the
primate and public sectora, and witii prior notice to derived for eaeh taxable year from all eourœs witbin
affeeted tazpa3rers, detezæine the fair market value and without the Philippines by every iodividual
of realpzopertieslocated ineach zone or area, Sect citizen of the Philippines reeiding therein;
to automatic adjustment once everjr three (3) years
throughrules andregulaÔons issuedby the Secretary ‘(b) On the taxable income defined inSection
of Finance based on the current Philippine valuation 31 Of this Gode, other tban income subject to tax
standards: Prouiöed, That no adjustment in zonal under Subseetions fay, (C), and (D) of this Section,
valuaÔon shall be valid unleaB pHbliahed in a dezived for each taxable year i'rom allsourœa witbin
newspaper of general‹är‹mlationînthe province, city the Phi)jppines by an individual citizen of the
ormunidpabtyœxœmeQorioüea6ærmet6œeo(, Philippines whaisreaiding outeide ofthe Philippines
shall be posted in the provincial capitol, city or including overseas contract workera refèrred to in
municipalhnli andin two (2) other conspicuous public Subsection (G) of Section 23 hereof; and
places therein: Provided, fler, That the basis of
any valuation, including the records of consultations ‘(c) Onthe taxable income defined inSection
done, shall be public records open to the inquiry of 31 of this Code, other than income subject to tax
any taxpayer. Forpurposes of computing anjr internal under Subsections (B), fC), and (D) of this Section,
revenue tax, the value of the property shell be, derived for each taxable year from all sources within
whichever is the higher of the Philippines by an individual alien who is a
resident of the Philippines.
‘(l) the fair market mlue as determined by the
Commiseioner; or “(2) Rates of Tgx •• Taxable Income of
*“°’ ua!c. — The tax shall be computed in
‘t*) the fair market value as shown in the accordanee with and at the rates establiahed io the
achedule of values of the Proxûncial and City foEowing schedule:
“(a) Tax Schedule Effective January 1, 2018 pay received by such minimum wage eamerø øhall
uutîI December 31, 2022: likewise be exempt from income M
for married individuals, the husband and “(2) AU Income from Business or Practiœ of
wife, subject to the provimon of Section 51(D) hereof, Profession —
shall compute separately their individual inmmetax
based on their respective total taxable income: ‘(a) If Tatal Gross Salea andfor (Gross Receipts
Provided, That if any income cannot be definitely and Other Non-operating Income Do Not Exceed the
attributed to or identified as income exclusively VAT Threshold asProvided in Section 109(BB) of this
earned or realized by either of the spouses, the same Code. — The rates prescribed under Subsection
shall be divided equalljr between the spouses for the (A)(2)(a) olthiø Section on taxable income, or eight
purpose of determining their respective taxable percent(8%) income taa based on groøø sales or groas
in‹Dme. receipts and oŁher non-operating income in lieu of
the graduated income tax rates under Subsection
‘Provided, That minimum wage eaznera as (A)(2)(a) of thiø Section and the percentage tax under
desned in Section 22(iiti) ortei Code aaăil be exempt Section 116 of tbiø Code.
Õom the payment of income tax on their taxable
income: Provided, JrtWr, That the holiday pay,
°(b) lf TotalGzoas isa1es anéfor Groas Receipts the long-texm deposit or inveaianent certificate baaed
and Other Non-operating Income Exceeds the on the remaining maturity thereo2
VAT Threshold asProvided inSection 109(BB) ofthis
Gode. — The rates prescribed under Subsection
(A)(2)(a) of this Sections
"(2) Cash ond/or ) noperty Diuiöends. - A
‘ (B ) Rate of Fax on Certain Pacs iue insl tax at the rate of ten percent (10%) ahaI1 be
imposed upon the cash andfor property div:idends
actually or constructively received by an individual
“(1) fsterests, Royayies, Prizes, anB Œlier from a domestic corporation or from a joint stock
Bizini»gs. — Afînel taa at therate of twentypercent company, insurance or mutualfuod companies and
(20%) ishereby imposed uponthe amount ofintereat regional operating headquarters of multinational
Iromany cuzxency banltdeposit andjriëld or ans Other companies, or on the share of an individual in the
monetary benefit trou depoait aubetitutes and from distributable net income after tax of a partnership
trust fuods and mnilar arrangements; royalties, (ezcept a generalprofesaionalpartnership) of which
except onbooks, as well as other lîterary worka and he is a partner, or on the share of an individual in
musical compositions, which ahallbe imposed a final the net income after tax of an association, a joint
tax of ten percent (10%); prizes (ezcept prizes account, or a joint venture or consortium taxable as
amounting to Ten thousand pesos (P10,000) or leea a corporation of which he is a member or co-venturer.
which ehallbe subject to taa under Subaection (A) of
Section 24; and other winnings (except winnings ’( T) Capital Oaies from Safe o[Shores o/fitncè
amounting to Ten thousand pesos (P10,000) or fees not Oaded *n UN ff a0k.échange. — Theprovisions
f omPhiii$pine clartés«eepstakes end rottochien of Section 39(B) notwitlistanding. a final tax at the
ahall be exempt), derived from sourœs witbin the rate nt fifteen perœnt (15%) ie hereby imposeilupon
Philippines: 'ouided, hotrœer, Thatinterestincome the net capital gains realized during the taxable year
received by an individuel taxpayer (except a from the sale, barter, exchange or othez disposition
nonreaidentindividual)from a depoaitory bank under of shares of stock in a domestîc corporation, except
the expanded foreign currency depoait syatem shall shares sold, or disposed of through the stock
be subject to a final income tax at the rate of fifteen ezchange.
percent (15°Æ) of such interest income: Prouided,
/ufther, Thatinterest income from long-team deposit
or inveatment in the form of eavings, common or
individualtrustfunds, deposit substitutes, inveatznent SEC. 6. Section 25 of the NOtC, as amended, is hereby
management accounts and other investments further amended to read as follows:
evidenced by certificates in such form prescribed by
the Bangko Central ngPilipinas (8SP) shallbe exempt ”IEC. 25. f'az on Nori.resideuI étiez
from the tax imposed under this Subsection:
Prouided. ;fi holly, That should the holder of the “(A) Nouresident Alie›t Xngaged in Trade or
œrtifieate pre-terœinate the deposit or inveatment Buster Wilhin the Philippines. -
befoze tbe fîftÎt (5'^) yeaz, afjrM tacahall be iœposeü on
the entire income and shall be deducted and
withheld by the depository bank from the proceeds of
11
“(R) Nonresident Ælien Rudiuidu‹il Net En
goged in Trode or Business Within tire ‘ (E) AU Indiuidual ffmployed by Petroleu.m
Philippiztes. être Cnam thor ozid Jubcontrector. — An alien
individual who is apermanent accident of a foreign
country but who is employed and aaaigned in the
Philippines by a foreign service contraetor or by a
•‹e i Amen iuiduai Employed by Regio„„ i or foreign service aubcontraetor engaged in petroleum
Areo Beodquarters and Regional Operoiing operations in the Philippines sh*ll be liable to ataa
headquarters ofMuli:r“na0onal Companies. — There of fikeen perdent (15•A) of the salaries, wages,
ehall be leTied, collected and paid for each taxable annuities, compensation, remuneration and other
year upon the gross income received by every alien emoluments, such as honoraria and allowances,
individual employed byregionalor area headquarters received from auch contractoz or aubcontraetor:
andre erating headquarters eatablished in Rouidèd, Amener, Tbattbe same tsa treabnent aball
the Philippines by multinational compapies as applyto aFiIipino employed and occupying the same
salaries, wages, annuities, compensatiôn, positiop as an alien employed by petroleum serviœ
remuneéation and other emoluments, such as contractor and subcontractor.
honoraria and allowanœs, f'rom euch regional or area
headquartera and regional operating headquarters, ‘Any income earned from all other sources
a tax equal to fifteen percent (159i) of such grpss within the Philippines by the alien emp@rees referred
income: Proc›lded, howec›er, That the same tax to under Subaectiona (C), (D), and (E) hereof shall be
treatment ahall apply to Filipinos employed and subject to tire pertinentincome tax, ae the case may
occupying the same position ae those of aliens be, imposed under this Code.
emplo red bjr these multinational companies. For
purposes of this Chapter, the term ‘mu1tinat¡pna} ”(£’) The preferential tai treatment providedin
company'means a foreign Bzm or entity engaged in Subsectiona (G), (D), and (E) of this Section ehaJl not
international trade with affiliates or subsidiaries or be applicable to tegional headquarters (RHQs),
brnoeh offices in the Asia-Pacific Region and other regional operating headquarters (ROHQe), offshore
foreign markete. bankingunits(CtBUs)orpetroleum éerviœ contraeters
and aubcontractors registering with the Securities
“(D) Alien IWioiôual Empfoyed by shore an Escbange Coææission (SJ2C) after Jaouary
Banking Units. - There ahall be levied, collected I, 2018: Prouided, hozc euer, Tbat esJstiog RB
and paid for each taxable year upon the gross s/ROII a, OBIJs or petroÎeoæ service contractors
income reserved b)r eeery alienindividual employed and subcontractorspresently availing of preferential
by offshore banking nuits established in the tax ratea for qualified employees shrill continue
Philippines a6 salaries, wages, annuities, tobe entitled to availof the preferentialtax rate for
compensation, remuneration and othez emoluments, present and future qualified employees.”
-ch ashonoraria an£l allowanœs, from suçh pgb}tpre
banking unite, atax equal tofiiteen pement (15’ñ) of SEC. 7. Section 27 of the NfftC, as amended, is hereby
such groas income: f'rouided, Rtvet›er, That the lame further amended to read asfollows:
tax treatment shall apply toFilipinos employed and
occupying the same position as those of aliens ‘IEC. 27. Rates of Income Fax ou Domestic
employed by thèse offshore banking units.
oføtockinadomemÔcœ rpmaóoDexoept8bareseold
ordïeposedoftbrougòt6eetocáexeImnge.
’(D)ÆoMs o/ )bs on
deduction, he ahallbe ‹xinaidered aa having availed *(2) ’l'lte folloariog laôiviüuala aIæII ztot rte
bîrogelfoft6e deducÔormsDowediùit6epr‹x›edîog requized to life aa laœæe taxcetuzo:
SP Suciieleetionwhenmadein thereturn
ahall be irrevocable for the taxable year for which ‘(a) Anindividualwhoae taxable income doea
the return ie made: Provided, That an individual not exceed Two hundred filter thousand peaos
whoisentitled toand claimedfnr theoptionaletandard (P250,000) under Secti‹m24(Aj(S)(a): TYovided,'I'hat
deduction shall not be required to submit with his a citizen of the Philippines and any alien individual
tax return such financial statements otherwise engaged inbusiness or practice of pzofeeaion within
required under this Code: Prouidrd, further, That a the Philippines shall file an income tax return,
general professional partnership and the partners regardless of the amount of groes income;
for the calendax year, the iocome tax of which has ‘ T ouided, That the foregoing prôvi ions ahall
beenwii:hJield covrectly by the eaidemployer (tax due not affect the implementation of Republic Act No.
equala tax withheld) ahall not be required to file an 10708 or 3ŒfI‘A
annual income tax return. The certi6cate of
withholding Bled by the respective employers, duly
atamped 'reœived’ by the BIR, aball be tantamount
to the aubatîtuted filing ofincome taa retuzzis by said IEC. 16. Section 56 of the NIRC, as amended, is hereby
employees.‘ further amended to read asfollows:
SEC. 15. Section 52 of the NIRC, as amended, is hereby ”SEC. 56. Payr'tent and Assesumeist o/Jncome
further amended to read asfollows: f’ox/or Jndtciduols ond Cozporotions. —
‘(1) Corporate profile and information; SEC. 17. Section 57 of the NTRC, as amended, is hereby
further amended to read as follows:
“(2) Gross aales, receipts or income from
‘SEG. 57. Wîthhotding of Tax at isource. -
services rendered, or conduct of trade or buainees,
except income subject to final tax as provided under
this Code;
“(3) Allowable deductions under this Code; ‘ (8) Withholding o[CrediIable ’I'axat iSource.
— The Secretary of Finance may, upon the
recommendation of the Commissioner, require the
‘(4) Taxable income as deBned in Section 31 withholding of a tax on the items of income payable
of this Code; and to natural or juridical persons, residing in the
Philippines, by payor-corporation/persona as
‘(S) Income taa due andpayable. provided for by law, at the rate of not less than
ooeTjezœot(l'a) butsotæazetlæathlrt -twoperœztt taxable yeaz otz oubefôce May 15 o£tbe sæae taxable
(32%) tbezeo:f, wbicb ekall rte credite‹I agaî•at the yeaz.z z z
ineome tax liabîlity of the taxpayer for the taxable
year: Provù2ed, That, beginning Januarjr 1, 2019,
the rate of witbholding ebaE not be less then one f’ns by Indiuiduais. - The amount of estimated
perœnt(II) bttt not more tban fifteenpercent (15%) income as defined in Subsection (G) with respect to
ofthe income payment. which a declaratiiinisrequired under Subsection (A)
shall be paid in four (4) installments. The first
installment shall be paid at the time of declaration
and the second and third shall be paid onAugust 18
SEC. 18. Section 58 of the NITtC, as amended, is hereby and November 15 of the current year, respectively.
further amended to read as follows: Thefourthinstallment ahallbe paid on or before May
15 of the following calendar year when the final
“SEc. 58. Return and Pa ymenl of fases adjusted income tax return is due to be filed.
TPiifihefd at Source. —
‘"Ibe return for finalandcreditable withholding “SEC. 79. Zncome Fax Colleeted al Source. —
taxes shall be filed and the payment made not later
than the last day of the month following the close of
the quarter during which withholding was made.”
AEG. 19. Section 62 of the NIRC, as amended, is hereby “(C) 7ù /unds or Gredits. —
zepeale‹L
SEG. 20. Section 74 of the NIRC, as amended, is hereby
further amended to read asfollows:
‘(2) Employees. - x x z
“SEC. 74. Declaration of Income Fax for
H'hese deductiona ahall be allowed only where “(8) Amount Received by Beirs Under Republic
a donor’s taa, or estate tax imposed under this Title Act No. 4917. - Any amount received by the heirs
waa finalljr deterœined and paid by or on behalf of from the decedent'a employee ae a consequence of the
ouch donor, or the e8tate of such prior deeedent, as death of the decedent-employee in accordance with
the case may be, and only in the amount finally RepubEeAct No. 4917: Provided. That such amount
determined as the value of such property in is included in the grose estate of the decedent.
determining the value of the gift, or the gross eatate
of such prior decedent, and onljr to the extent that “Q) Deduciious Af towed Io Nonresideni
themlue of auchpropertyisincludedinthe deœdent’s Estates. - In the case ofa nonreaident n0t a citizen of
gross estate, and only ifin determining the value of the Philippines, by deducting from the value of
the estate of the prior decedent, no deduetion was
that part of his grosa eatate which at the time ofhis
death iseituated inthe Philippines: “(a) The amount où the creditin respect to the
tax paid to any country ahall not exceed the same
proportion of the tax againat which euch nedit ts
‘(1) Stowdard Deduetion. - An amount
taken, which the deœ sœtestate aituatedwithin
equrmlentto Eive hundredthousandpesoe(P500,000);
auch countrr taxable uoder this Title beara to hia
entire net eatate; and
“(2) Thatpmportion ofi2ie deduetions apecibed
in paragraphe (2), (3), and of Subaection ‘(b) The total amount of the credit shall not
“(2) Giks in fnvor of an educational andfor “(2) The following sales by VAT-registered
charitable, religious, cultural or social welfare persons shall be subject to zero percent (0%) rate:
corporation, institution, accredited nongovemment
organization, trust or philanthropic organizaóon or
)fixport IfiaIes. - ’Ï'be tecot ‘expos”t sales’
research institution or organisation: Provided,
houieuer, That not more than thirty percent (30°Æ) of means.-
said gifts shall be used by such donee for
admìnistraŁion purposes. For the purpose of thìs “(1) The sale andactual shipment of goods from
exemption, a'non-pmfit educational and/or charitable the Philippines to a foreign country, irrespective of
corporation, institution, accredited nongovernment any shipping arrangement that may be agreed upon
organizaóon, trust or philanthropic organization which may influence or determine the transfer of
and/or research institution or organization’ ia ownership of the goods so exported and paid ïõr in
a school, colle ge or university and/or aœeptable foreign currency or itø equivalent in goods
or aerriœs, and aœonntedfor in aecoi&nœ with the M , That aubpatJagrap (3) (4),and (5)
rulea and regulations of the Bangko Sentzal rig hereof sball be subjeet to the twelve pement (12°A)
p¡yp (ggp); value-added tax and no longer be conaidered export
ealea eubject to zero pement (0ñ) VAT bal M§On
‘(2) Sale and delivery of goods to: satisfaction of the foHowing C ndifiOO8'
‘(i) Reglstereil ezttezpziaes witlño a sepazate “(1) The siiccesaful eatablishment and
custoœs tezzitarjr as pzovided uo‹Ier special Iaws; aad
‘(2) The lease ot the use of, or the right to use reotMorroyæIty,ioWudIngfbeamouotcAargedfôr
8 F 88uetrial, commeTfial ou 8clentiffe equipment;
adsnnœdpaymenteaet ally oreonatructiseJy zeœixed
"(3) The supply of scientifie, teehnical, during the taxable quarterfor the services perfnrmed
industriel or commercial knowledge or information; or to be performed for another person, excluding
value-addedW
“(4) The supply of any assistance that is
ancillar3é and subsldiafjr to and is furnished as a “{B) Tronsnetions Sut¡Jeet to Zero Percmi (0%)
means of enabling the application or enjoyzuent of 2tote. — The following services performed in the
any each property, or right as is mentioned in Philippines by VAT-regieteredpersonseballbe su1:ject
subparagraph (2) or anjr such knowledge ou to zero percent (0%) rate:
information as is mentioned in aubparagraph(3);
‘(l) Processing, manufacturing or repacking
.'(S) The suppljr of: services by a nonteeident goods for other pereons doing bueineee outside the
peraon or his employee in connection with the use or Philippines which gooda are aubaequenily exported,
P*oPeM or ri8hts belonging to, or the installation or where the services are paid for in acceptable foreign
operation of any branil,machineryor other apparatua currency and accounted for in accordance with the
pumhased from euch nonresident person; rules and regulations of the Bangko Central rig
”(5) Services performed by subcontractors muatbe de»iaed wiibini inch(eo) daP 6 »ntbeaiing
andfor contractors in processing, converting, or of the VATrefund application; and
manufacturing goods for anenterpz4ae whose export
salea exceed seventy percent (70•A) of total annua} "(2) All pending VAT refund claime as of
December 31, 2017 shall be fully paid in each by
December 31, 2019.
‘(6) Transport of passengers and cargo by
domestic air or sea vessels from the PhilippineB to a “Provided, That the Department of Finance
shall establish a VAT refund center in theBuzeau of
Internal Revenue (BIR) andintbe Bureau of Gustome
‘(7) Sale of power or fuel generated through (BOG) that will handle the processing and granting
renewable sources of energy auch as, but not limited of each refunds of creditable input tax.
to, biomass, solar, wind, hydropower, geothermal,
. ocean energjr, and other emerging energy sources ‘An amount equivalent to five pement (S'il) of
using technologies auch as fuel cells and hydrogen the total value-added taa collection of tite BIR and
:hiels. the BOC from the immediately preœdingyear ahall
be automatically appropriated annually and ahallbe
(8) SerwicesrendereŒto: treated aa a special account in the General Fund or
as truatreœipts for the purpose of fundingclaims for
“(i) Registered enterpriaes witbin aseparate VAT Refund: Ptovided, That any unused xind, at
cuetoms territory asprovided under special law; and the end of the year aballrevert tothe General Pund.
‘(nQ Registered enterprises within tourism ‘Moulded, ther, That the BIR and the BOC
enterpziee zones as declared by the TIEZA subject to shall be required to submit to the COCCTRP a
the provisions under Republic Act No. 9593 or quarterljr report of allpending claims for refund and
The 'tourism Act of 2009. any unused fun‹L”
‘R•ooided, Thnt subparagraphs (B)(1) and SEC. 34. Section 109 of the NIRC, aa amended, ie hereby
(B)(5) hereof shall be subject to the twelve percent further amended to read asfollows:
(12•ñ) value-added tax and no longer be subject to
zero percent (0%) VAT rate upon satisfaction of the ‘SEc. 109. Eveopt Transaciio•a.
°&- (1) SubJectto the provisions of Subsection(2) hereof,
the following transactions ahall be exempt from the
“(1) The successful establishment and value-addedtax:
implementationof anefihanœd VAT refund syatem
that grants refïin‹ls of neditable input tax within
ninety (90) days f:rom the filing of the VAT refund
application with the Bureau: Prouided, That, to
aeter=ine the e$e titre«fitem no. 1, ailapplications
"(2) x x x
’(G) Period wilhin wlrich Refund of ! •
Taxes ehall be Mode. - In proper cases, the
Commiasionersballgrant arefundlör creditable input
taxes 'within oinety (90) days from the date of
eubmiséîon oftbe ofllciaf reœipts or lnvoiœs andother
"Provided, That the input tax on goods documents in support of the application filed in
purchased or imported in a calendar month for uae aeeordance with Subsections (A) and (B) hereof:
in trade or business for which deduction for Prouided, That should the Commisaioner find that
depreciation is allowed under this Code shall be the grant of refund is not proper, the Gommiaaioner
spread evenly over the month of acquisition and the muat atate in writing the legal and factual basis for
fifty-nine (59) succeeding months if the aggregate the deninl.
acquisition cost for such goods, excluding the YAT
component thereof, exceeds One million pesos M caae offiillor partial denial of the claim for
(Pl,000,000): Provided, Nowever, That if the tax refund, the taxpayer affected may, within thirty
estimated uaeful life of the capital good is less than (30) daya fzom thereceiptofthe decision denying the
five (5) years, as used for depreciation purposes, then cleim, appeal the decision with the Court of Tax
the input VAT shall be spread over such a shorter Appeals: Provided, however, That failure onthe part
period: mottled, further, That the amortisation of ofanjr official, agent, or employee of the BIRto act on
the input VAT shall only be allowed untilDecember the application within thenine@(90)-day period ehall
31, 2021 after Which taxpajrers with unutilized input be punishable under Section 269 of this Code.
VAT on capital gOOds purchased or imported shall be
allowed to apply the same as scheduled until fully
utilized: Prot'ided, finoll y, That in the case of
purchase of services, lease or use of properties, the SEM. 37. Section 114 of the NIRC, as amended, is hereby
input tax shall be creditable to the purchaser, leesee further amended to read as fol1ows.-
or liœnaee uponpayment oftbe œmpensation, rental,
royalty or lee.
“SEc. 114. Reture and Pa yment of
SEC. 40. Section 128 of the NIRC, as amended, ie hereby SEC. 42. Section 145 of the NDtC, as amended, ie hereby
ftirtlier amended to read ac folloWs: further amended toread asfn1loca:
•szo. i4s. Cïgars ond Cigarettes. -
"Sse. 128. 2teturns ond Po yment o[
Percentoge 2’‹zxes. — “(A) -zz z
H'he rates of taximposedunder thisSubsection ‘\d) Ondenatured alcohol tobe need formotive
ahall be increased by four percent (4%) every year power, per liter of volume capacity, Eight pesos
thereafter effective on January 1, 2024, through (P8.00): Provided, That unless otherwise provided
revenue regulations issued by the Secretary of by speciallaws, ifthe denatured alcohol ismixed with
gasoline, the exciee tax on which has akeady been
paid, only the alcohol content shall be subject to the
IEC. 43. Section 148 of the NIRC, as amended, is tax herein prescribed. For purposes of this
hereby further amended to read asfollows: Subsection, the removal of denatured alcohol of not
leas than one hundred eighty degrees (180°) proof
‘SEC. 148. Mgnufaciured Oil» and Other (ninety percent (90%) absolute alcohol) shall be
Ils. — There shall be collected on refined and deemed to have beenremovedfor motive power, unless
manufaetured minerai oils and motor fuels, the SONORE,
following excise taxes which shall attachto the goods
hereunder enumerated asaoon asthey are inexistence “(e) Naphtha, regular gasoline, pyrolysis
as auch: gasoline and other similar products of distillation,
per liter of eolume capaeity, Seven pesos (P7.00):
Provided, however, That naphtha and
pyrolyais gasoline, when used ae a raw material in per liter of volume capacity. Two pesoa and fifiZ
the production of petrochemical products, or in the
refining ofpeteoleum products, or asreplacementfuel
for natural-gaa-fired-combined cycle power plant in liquefied petroleum gas, per kilogram,
lieu of locally-extracted natural gaa during the Onepeso (PI.00): d, Tbat liquefiedpetroleum
non-availability thereof, subject to the rules rind gusw6eousedas raw matetinl in the productio° °
regulations to be pmmulgated by the Secretary of petrochemical products, subject to the rules and
Finance, per liter of eolume capacity, zero (PO.00): regulations to be promulgated by the Secretary of
Moulded, /i -ther, That the production of petroleum taaed sero (P0.00) per ltilogram:
products, Whether or not they are classified as
products of distillation and for use solely for the “Prouid d, Finally, Tbatliquefiedpetroleum a>
production of gasoline ahall be exempt from excise used for motive power the taxed at the equimlent
tax: Pror’ided. finally, That the by-product including rate as the excise tax on diesel fuel oil;
fuel oil, dieeel fuel, kerosené, pyrolyais gasoline,
liquefied petroleum gases, and einiilar oils hav:iñg (k) Asphalts, per kilogram, Eight pesos (P8.00):
more or less the same generating power, whirh are
produced in the proeeeeing of naphtha into (}) Buolrez fuel oil, ao6 ozt sim az J'ue1 oils
petrochemical products shall be subject to the having more or less the same generating power, per
applicable excise tax specified in this Section, except liter of volume capaciw,Two pesos and fiftY •
when suchbjr-products m transferred to any of the (P2.50): Provided, lix/weuer, That the excise taxes
localoilrefineries through sale, barter or exchange,
paid on the purchased basestock (hunker) used in the
for the purpose of further processing or blending into manufacture of excisable articles and forming p
fini.*bedpzoductswhic1iare eulijeet toexcise tax under
this Section; thereof shall be credited against the excise tax due
therefrom; and
‘(i) Unleaded premium gasoline, per liter of. Petroleum coke, per metrié ton, Two pesos
volume capacity, Seven pesos (P7.00); andfifty centavos (P2.50)a PtD Vided,
perfleum coke, when used asfeedstock IO anypomer
‘(g) Aviation turbo jet fuel, gas, per generatingfacility, per metric ton, ze*° (PO.00).
Three pesos (P3.00): Proud, That kerosene, when "(a) Lubo‹=m oils and greases, inch @g @ t
used as aviation fuel, shall be subject to the aame tax not limited to, basestock for lube oils and greases,
on aviation turbo jet fuel under the preceding tes, aromatic extracts and other
• high vacuum
paragraph (g), such tax to be assessed on the user
prepam6oos, ana additives for lubriea °
thereon and greases, whether such additives are petroleum
based or not, per liter 6]d]ogcazo, respect fireljr, of
“(i) Diesel fuel oil, and on similar fiiel oils volume capacity or weight, Nine pesos (P9.00)°
having more or less the same generating power, Provided, That lubricating° and greases produced
54 55
from baseatocke and additives on whieh the excise production of gasoline shall be exempt from excise
tax has already been paid shall no longer be aubjeet Provided, linall y, That the by-product including
toexciae tax: TYordIet, after, Thatletaliy pzoduœd fuel oil, diesel fuel, kerosene, pyzolyais gasoline,
or imported oila previoualy taxed as euch but are liquefied petroleum gases and similar oils haxdng
aubeequently zeproœaaed, rerefined or recycled ahall znoxe oz leee the same generating power, which are
likewise be aubject to the tax imposed under this produced in the processing of naphtha into
Subsectioœ petrochemical products shall be subject to the
applicable excise tax specified inthis Section, exoept
“(b) Proœaaed gas, per liter of volume capacité, when such by-products are transferred to any of the
Nine peaos (P9.00); local oilrefineries through sale, barter or exchange,
for the purpose of further proœasing or blendinginto
‘(c) Waxes and petrolatum, per kilogram, 6niahedproductswhich;ueaulijectto excise tax under
Ninepeeos (P9.00); this Section;
‘(d) Ondenatured alcohol tobe usedfor emotive °(f) Ualgaded premiiun gasoline, per liter of
power, per liter of volume ‹opacity, Nine peaos (P9.00): volume capacity, Nine pesos (P9.00);
Provided, That unleas otherwise provided by special
1awa, if the denatured alcohol ismixed with gasoline, “(g) Aviation turbo jet fuel, aviation gas, per
the excise tax on which hae akeady been paid, only liter of volume capacity, Four pesos (P4.00);
the alcoholcontent shall be subject to the tax herein
pzeacribed. For purposes of this Subsection, the "(h) kerosene, per liter of volume capacity,
removal of denatured alcohol of not lees than one Four pesos (P4.00): Provided, That kerosene, when
hundred eighty degrees (180°) proof(ninety percent used as aviation fuel, aballbe subject to the same tax
(90%) absolute alcohol) shallbe deemed to have been on 'aviation turbo jet fuel under the preceding
removed for motive power, unless shown otherwise; paragraph (g), such tax to be assessed on the user
Prouided ,h Thatliquefied petroleum gas need facility, per metric ton, zero (P0.00).
for moñve power shall be taxed at the equivalent rate
as the eaeise tax on diesel fuel oil;
‘(c) Jeepneybeepney aubatitntes ehellmean as i5EC. 46. Anew section designated ae Section 150-A under
'Philippine jeep or jeepney' whieh are of the jitney Chapter VI, Title VI of the NIRC, as amended, ishereby inserted
type locally designed andmanufactured generallyjlxnzt to read asfollows:
surplus parte and components. It ehall •lso include
jeepney subatitutee that are manufactured from ‘IEC. 150-A Non- S•r tees. — Thème
brand-new eingle cab chassis or cowl chasers and shen be levied, asaeaæd and œllected a taaequivalent
locally customized rear body that has continuous tofrveperœnt(5%)baeedon the gross reœipts derised
aideway row seats with open rear door and without from the performance of services, net of ezcise tax
retractable giasa windows. andvalue-added tax, oninvasive cosmeticpzoœdures,
surgeries, and body enhancements directed aolely
“(d) Bus ahall mean a motor vehicle of any towarda improving, altering, or enhancing the
configuration with grosa vehicle weight of4.0 tons or patient’e appearanœ anddo not meaningfiillypromote
more with any number of wheels and axlea, which is the proper function of the body or present or treat
generaI1ymccepte.dand specially designed for mass or illrieee ou lease.- ProuiBeä, That this taa rhahnot
public transportation apply to procedures neeessary to ameliorate .a
deformity arising from, or directly related to, a
“(e) Single cab chassis shall mean a motor congenital or developmental defeft or abnormality, a
vehicle with complete engine power train and chassis personalinjury resulting from anaceidentor trauma,
equipped with a cab that has a maximum of two (2) or diaöguring disease, tumor, virus or infection:
Oaoza and only one (l) row of seats. Prouided, cher, That caees or treatments covered
by the National Health Insurance Program ahallnot
be eubject to thia tax.”
“tfi Speeialpurpoae vehicle ahallmean a motor
vehicle designed for specific applications such as
cement mixer, fire truck, boom truck, ambulance SEC. 47. Aries section designated as Section 150-B under
and/or medical unit, andoff-road vehicles for heavy Chapter VI, Title VI of the NIRC, as amended, is hereby inserted
industries andnot for recreañonal activities. to read as follows:
“(g) llybrid electric vehicle ahall mean a motor ‘SEC. 150-B. E!weeterted Beuerages. -
vehicle powered by electric energy, with or without
pmxieionfor off-vehicle cbarging, in comliination w-¡th “(A) filaI:ea zidB aseofT •= — ZEecöve Jaauazy
gasoline, diesel or any other motive power: Provided, 1, 2018:
That, for purposes of this Act, ahybrid electric vehicle
must be able to propel itself from a stationary “(1) A tax of Síx pesos (P6.00) per liter of
condition using eole1y electric motor. volume eapacity shall be levied, assessed, and
collected on sweetened beverages uaingpurely calotie
’Provided, That in the case of imported automobiles sweeteners, and purely nou-caloràe sweetenezs, or a
not for aale, the tax imposed herein ahaE be baaed on mix of caloric and nou-caloúc sweetenern: f!rovided,
the total landed value, including transaction value, That this tax rate shall not apply to aweetened
customs duty and allother charges. beverages ualng high fruetose corn eyrup: Troriôed,
Wr, That sweetened beveragee uaing purely
"Automobiles uaed exclusively within the coconut sap sugar and purely ateviol glycoaides shall
freenort zone shall be eaempt from excise tax.” be exempt from this tax; and
“(2) Ataa of Twelve pesos (Pl2.00) per liter of “(2) Colorie soeeñmer refers to a aubetanœ
volume capacity shell be levied, assessed, and that is sweet and includes sucrose, fructoae, and
collected on sweetened beverages uaing purely high glucose that produœs a œrtain aweetneas;
fructoae corn ejnmp or incombination with anjr calorie
or non-caloric sweetener. ‘(3) Bigh, fruntose core syrup refers to a eweet
eaccliaride mixture containing fructoae and glucose
“(B) De[initiou of 'Perms. — As used in this which is derived from corn and added to provide
Aet: aweetneas to beverages, and which includes other
similar fructose syrup preparations; and
‘(1) isweetened beuerages (SBs) refer to non-
aleoholic beverages of any consôtution (liquid, “(4) Nomealaric sweeix'ner repère to a aubetanœ
powdez, or concentrates) that are pre-paeknged and that are artificially or chemically proceased that
sealed in aecordanee with the Food and Drng produœs a certain aweetness. Thèse are eubatanœa
Administration(FDA)atandarda, that contain valerie whieh can be directly added to beverages, euch aa
and/or nön-ealoric sweeteners added by the aspartame, sueraloae, saceharin, acesulfame
manufacturers, andshall include, but not be limited potassium, neotam e, cyclamates and other non-
to the followûng, as deacribed in the Food Category nutritive aweeteners approved bjr the Godez
Syatem b'om Codex Alimentarius Food Category Alimentarius and adopted bg the FDA
Deacriptors (Godex Stan 192-1995, Rev. 2017 ou the
latest) as adopted by the FDA: ‘(C) £wfusions. — The following products, aa
described in the food category syetem from Codez
“(a) f3weeteoeü3uiœ &rIoIœ; Alimentariua Food Category Descriptors (Codex Stan
192-1995, Rev. 2017 or the latest) as adopted by the
“(b) Sweetened tea; FDA, are excluded £rom the scope of this Act:
“(c) All carbonated beverages; “(1) All milk products, ineluding plain ntiJk,
infànt forœula milk, föllow-on milk, growing upmilh,
“(d) Flavored water; powderedr»illr. zeady-to-drinkmiIL andflavored milk,
fermented milk, soymilk, and fiavored soyinilk;
Energy and aports drinks;
“(2) One Hundred Percent (100%) Natural
Fruit Juices - Original Lquid resulting from the
“(f) Other powdered drinks not classified as
pressing of fruit, the liquid resulting I:rom the
milk, juiœ, tea, and coffee;
ieconstitution of natural fruit juice concentrate, or
the liquid resulting I:rom the restoration of water to
“(g) Cereal and grain beverages; and dehydrated natural fruit juice that donot have added
sugar or caloric sweetener;
“(li) Other non-alcoholicbeveragea that contain
added augar. “(3) One Hundred Percent (100%) Natural
Vegetable Juieea — Originalliquid resulting from
the pressing of vegetables, the liquid resulting from
the reeonstitutiOH Of natural vegetable juice thia Section ahall be Oned treble the amount of
concentrate, or the liquid reaulting from the deficiengy taxes, surcharges, andinterest which may
restoration of water to dehydrated nappy gg jg be aseeaaed pursuant to this SectiolL
juice that do not have added eugar or caloric
sweetener;
“Any person liable for anjr of the acts or
omissions prohibited under this Section ehall be
‘(4) MealReplaœment andMedimlly criminalljr liable and penalized under Section 254 of
Beverages — Any liquid or powder drink/product for the NIRC, ae amended. Any person who willfully
oralnutritionaltherapyförpersonswho ‹=n netaba›rb aids or abets in the commission of any such act or
for thispurpose, the abovementioned control the time of removal, in the case of those locally
measure shall be caused by the Commissioner to be extracted or produced; or the value uaed by the
printed with adequate security features to enaure the Bureau of Guatoms indetermining tazi8and
payment of excise taa on aweetenedbeveragea. duties, net of excise tax and value-added tax in the
case ofimportation.
“(Ce) Review • * mplem.entotio ri of the
isweetened Beverage fax. - At the etart of the ‘x x x:
implementationof the augar aweetened beverage tax
and everjr year thereaRer, the Department ofHealth, ‘(a) Copper and other metallic minerals,
Department of Science and 'Technology, and four percent (4é); and
Departinentof Finance shallreview the impactofthese
provisions ozt its bealtb objectives witb tbe vtew to “(h) Gold and cbromite, four perœnt (4°f•).
making recommendations on the tax rate on these
beverages."
*(4) On indigenous petroleum, a tax of cit
perœnt (6%) ofthë Phr intemationalmarketprice
SEC. 4B. Section 151 of the NIRC, as amended, is herebY thereof, on the :àrat taxable sale, barter, exchange or
lurther amended to read asfollowa: such aimilar transaction, such tax to be paid by the
buyer or purchaser before removal from theplace of
“SEC. 151. 3fineral ProdMs. — production. x x æ
an‹Vor imported bp them: Prouided, cher, That ‘(a) Random field testing shall be conducted
the Department of Finanœ ahallmandate the creation in the presence of revenue or customs offieera, fuel
of a real-time inventoz2r of petroleum articles being markingprovider, and the authorized repreeentative
of the owner of the fuel to be teated: JOURS, ät an
such petroleum manufacturers andfor importers: employee aaaigzted or working at the plaœ where
Provided, fiirall y. That importers of finished therandozn field testis conducted aballbe deemed an
petroleumproducte .ehaD alsoprovide themselves with authorized representativeof the owner;
Bureau-accreditedmetering devices to determine as
accurately as possible the volume of petroleum ‘(b) All field tests shall be properly filmed or
products imported by them. video-taped, anddocumented; and
requirement aliallbe œmplied with before “(c) A sample of the randomlytestedfuel shall
commencement of operations.° be immediately obtained by the revenue or customs
o&cer upon discovering that the same is unmarked,
SEC. 50. Section 171 of the NIBCi as amended, is hereby adulterated, or diluted:
further amended to read aa follows:
‘Provided, Jrtlier, That confirmatory fuel •Gt
“SEC. l7l. Authorit y of infernal fteuenue in certificates issued by fuel testing facilities shall be
isearehing for and f estfn gtaxable Articles. valid for any legal purpose from the date of iasue,
— Any interoalrevenue olficer may, inthe discharge and shall constitute admissible and conclusive
ofhis oflt‹ùal dutiea, enter any houae, building orplaœ evidence before any court.”
where articles subject to tax under this TiHe are
produeed or kept, or are believed by him upon SEC. 51. Section 174 of the NBtC, as amended, is hereby
reasonable grounds to be produced or kept, so far as further amended to read asfollows:
maybe neeessary to examine, teat, discover or seize
the same. ‘SEC. 174. lstamp tax on Original IssuR OJ
Shares of istocb. - Oa every original isaue, whether
be may also stop and search any vehicle or on organisation, reorganization or for any lawful
other means of transportationwhen uponreasonable purpose, of shares of stock by anjr &SOfiA OO,
grounds he believes that the same carries any article company, or corporation, there shall be collected a
on which the eacise tax haa not been paid. documentary stwnp taa nf Two pesos (P2.00) on each
Two hundred pesos (P200), or fractional part thereof,
“Subject to rules and regulations to be issued of the par value, of such sharea of stock: toppled,
by the Secretary of Finance, the Commissioner of That in the case of the original issue of sharee of
Internal Revenue or bra authorized representatives stock without p ar value, the amount of the
may conduct periodic random field teets and doeuinentarjr stamp tax herein prescribed ahall be
con6rmatory teatsonfuelrequired tobe marked under based upon the actual consideration for the issuance
Section 148-A found in warehouseB, atorage tenor.a, of such shares of stock Provided, Aker, That in the
gas stations and other retailoutlets, and in auch other case of stock dividends, on the actual value
properties of persons engaged in the sale, delivery, represented by each share.’
trading transportation, distribution, or importation
of fuelintended for the domeBñc market: Provided,
75
SEC. 52. Section 175 of the NDtC, as amended, is hereby øtamp tax of One peøo (P1.00) oneach Two hundred
further amended to read asfollows: peeos (P200), or fractional part thereof, of the face
value of auch certificates or memorandum-"
“SEC. 175. Stømp 7'm on males, Agreemeirts
to Ascii, f einoronda of Safes, Deliveries or H•mfw f SEC. 54. Section 178 of the NIRC, as amended, iø hereby
iSharemor Certi fy •i'* •h.. — On all sales, or further amended to read aafollows:
agreemeñts to sell, or memoranda of sales, or
deliveries, or transf:er of shares or œrtißcates of atock ”SEC. 178. Jtnmp 'Pot or Bank Checks,
in any association, company, or corporation, or Œafts, Certify- p• •f osit not Boring Interest.
transfer of such securities by assignment in blank, and Other Instruments. — On each bank check,
or by delivery, or by any paper or agreement, or draft, or certificate of deposit not drawing interest,
memorandum Or other evidenceB Of transfer or sale or order for the payment of any aumofmoney.drawn
whether enötling the holder in any manner to the upozi or issued by any b trust romping, or anF
benefit of suchetotk, or tosecuretbe future parent person or persons, companies or corporatißßß, at t
of money, or for the future trnrsfer of any stop or ondemand, there shall be collected adoeumental2r
there shall be collected a documentary stamp tax of mùmnptauKofT6reepeeos(P3.OO)"
One peso and fifty eentavos (PI.50) on each Two
hundred pesos (P200), or fractional part thereof, of i"sEG. 55- Section 179 of the NDtC, as amended, iø hereby
r the par value of such etock:R•ovided, That onljr one further amended to read as follows:
tax øhall be co1lectedonea»h sale or transfer of stock
'/ from one person to another, regardless of whether or
‘REG.179. Stamp Tax on All Debt
not a certifieate of stock is issued, indorsed, or
Instruments. - On every original isøue of debt
delivered inpursuance of such eale or transfer: 3nd
inetrumente, there shall be collected adocumentary
Provided, ;furtRr, That in the case of atock without
øtamp tax of One peso and fifty centavos (Pl.50) on
par value the amount of the documentary stamp tax
each Tao hundred pesos (P200), or fractional part
herein prescribed aball be equivalent to lifter percent
thereof, of the iseue price of any such debt
(50%) of the documentary etamp tax paid upon the
original issue of said stock.” instruments: Prouided, That for such debt
inatrumentø with terms of lees than one (1) year, the
documentary stamp taa to be collected øhall be of a
SEC. 53. Section 177 of the NOtC, as amended, is hereby proportional amount in accordance with the ratio of
further amended to read as follows: its term in number of days to three hundred eixty-
five (365) days: Prouíóed, Jrtker, That only one
“SEC. 177. Slamp Tax ou Certi ficat es of documentary atamp tax shallbe imposed oneither loan
Profits or Interest in Propert y or Accumulations. - agreement, or promissory notes iasued to secure
On all certificates of prohta, or any certificate or such j
memorandum showing interest in the property or
accumulations of any association, company or
corporation, and on all transfers of such certificates
or memoranda, there shall be collected a documentary
76 77
IEC. 56. Section 180 of the NIRC, as amended, is hezeby ÛEC. 59. Sectîozt 183 oftlte MIBC, aa aœezzded, is bereby
further amended to read asfoliows: furtber amended to read as follows:
"i5EC. 180. éta in p Par on Off Bâffs o/ “SEG. 188. Stamp ton on fié/e Insurance
£'!mkange or Oro/ts. — Ozt ail bille of ezcliaoge Poficies. — On all palières of insurance or other
(between points within the Philippines) or drafts, iostzuœezzte bar whatever oaœe the aaœe æay be
there shall be collected a documentary etamp taa of called, whereby any insurance shall be zuade or
Sizty centavos (PO.60) on each Two hundred peaos renewed upon any1i:fe or liTes, there shallbe collected
(P200), or I:ractionalpart thereof, ofthe face value of a one-time documentary atamp tax at the following
any such bill of exchange or draft.”
SEC. 57. Section 181 of the NIRC, aB amended, is hereby ’lft6e œoouot ofioeuraoce dQee Aot exceed
further iamended to read asfoEows: P1Œ,Œ0
N the amount of ineurance exceede
‘SEC. 181. lstamp Fax Upon Aeceplance o[ P100,0ñ0 but doei not eaceed P300,000 P20.00
Bills of Exchange and Otfiers. — Upon any M the amount où insuranee exceeds
aeeeptanœ orpajnnentof any billof exchange or order P3oo,ooo 6ut doee not o«eea psoo,ooo P50.00
for the payment of money purporting to be drawn in
aforeign country but payable inthe Philippines, there °ï the amount où insurance eaceeds
sliaJl be collected a documentary stamp tax of Sixty equivalent of such face value, if
centavos (PO.60) on each Two hundred peeos (P200), expressed in foreign
or :fractîonal part thereof, of the lace value of any
sucb bill of exchange, or order, or the Philippine
equivalent of sueh value, if expressed in foreign
eurrency.”
SEG. 00. Section 186 of the NDtC, as amended, is hereby further amended
to read as follows:
SEC. 61. Section 188 of the NfRC, as amended, is hereby SEc. 64. Section 191 of the same Code, aø amended, iø
further amended to read as follows: hereby further amended to read aø follows:
‘SEC. 188. S!tomp ’Tox on Certs“fìcates. - On •sEc. 191. Smmp Ter on Bill oł I diu8 or
each certificate of damage or otherwise, and on 2teceípts. — On each eet of billø of lading or receipts
every other certificate or document iøaued by any (exœpt chapter p ) Jr and goodø, merlÊiandiøe or
customs officer, marine surveyor, or other person ef:fects ehipped from one port or place in the
acting as such, and on each certificate isaued by a Philippines (ezœpt onferries acroes rivers), or to any
notary public, and on each certificate of any foreignport, there aball be collected a documentary
deacriptionrequiredby law or by rules or regulations stamp tax of Two pesos (P2.00), if the value of such
of a public oífiœ, or which is iseuedfor the purpose of goodø ezceedø One hundredpeßo8 (P100) and does not
giving information, or establishing proof of a fact, exceed One thousand pesos (P1,000); Twenty pesos
and not otherwise specified herein, there shall be (P20.00), if the value exceeds One thousand pesoa
collected a documentary stamp tax of Thirty pesos (Pl,000): Prot›ided, However, That freight tickets
(P30.00).” covering gooda, merchandise or effects carried às Ä
an aniedbãggage ofpaaøengers onland and water
carriers primarily engaged in the transportation of
SEC. 62. Section 189 of the NIRC, as amended, is hereby
passengers are hereby exempt.”
further amended to read aa follows:
SEC. 65. Section 192 of the NIRC, as amended, re hereby
“BEC. 189. Stamp fax on Warehouse Receipts.
further amended to read as follows:
- On each warehouse receipt for property held in
storage in a public or private warehouse or yard for
any person other than the proprietor of such ‘SEC. 192. Stamp 'T'as on Proxies. - On each
warehouse or yard, there shall be collected a proxy for voting at any election of officers of any
documentary atamp tax of Thirty pesos (P30.00): company or associaóon, or for any other purpose,
Provided, That no tax aball be collected on each except proxies issued affecting the aHairs of
warehouse receipt issued to any one peraon in any associations or corporations organized for religious,
one calendar month covering property the value of charitable or literary purposes, there ahallbe
which does not exceed Two hundred peeos (P200).” a documentary atamp tax of Thirty pesos (P30.00).”
SEC. 63. Section 190 of the NIRC, as amended, is hereby SEC. 66. Section 193 of the NIRC, as amended, iø hereby
íiirther amended to read asfollows: further amended to read asfollows:
‘SEC. 190. lstamp Tax on Jai-mat. Øorse Race, "SEC. 193. lsmmp 2’oron Powers ofAttor r y.
Tickets, Lołi:o or Oil Authorîard Numbers Games. - — On each power of attorney to perform any act
On each jai-alat, horse race ticket, lotto, or other whatsoever, except acts connected withthe collection
authorized numbers games, there shall be collected of claims due from or accruing to the Government of
a documentary etamp tax of Twenty œntavos (PO.20): the Republic of the Philippines, or the government of
Provided, Thatifthe coat of the ticket ezceed Onepeøo any province, city or municipality, there ehall be
(P1.00), an addìtìßnaltax of Twenty œntavoa (PO.20) collected a documentary stamp tax of Ten pesos
on every One peso (Pl.00), or fractional part thereof, Rio.oo).”
shall be eollecte‹Ł”
IEC. 67. Section 194 of the NIRC, as amended, is hereby Sac. 69. Sectiozt 196 oftke NIRC, aa aœesded, is bereby
further amended to read ac follows: further amended to read as folloWs:
"BEC. 194. Stamp Tae on Leases ozrd Other ‘SEc. 196. Stomp f’az O H DEe ds o[ Soie,
Biring cements. — On each lease, agreement, C!onueyanees and Do- • f 2teol Property.
memorandum, or contract for hire, use or rent of any On allconeejrancee, donations, deed*, ents,
lands or tenements, or portions thereot there ahaJl or waitings, other than grants, patents or original
be collected a documentary stamp tax of Six peaos «ttamtrs clad ti‹›oi=« dWthe Government,
(P6.00) for the firat Two thousand peaos (P2,000), or y}j¢r¢by )and, tenement, orotheriea(@ sold aha.11
fractional part thereof, and an addl DH8l Two peaoa be granted, assigned, transferred, donated or
e 2.00) for every One thousand pesoa (Pl,000) or otherwise conveyed to thepurchaser, or purchasers,
fractional part thereof, in eacesa of the first Two or to any other pereon or persons designated by such
thousand pesos (P2,000) for each year of the term of pure.ha.eer or purchasers, or donee, there shall be
said contract oragreement.” collected a docximentary atamp fox, at the rates
herein below prescribed, baaed OF the co deration
IEC. 68. Section 196 of the NOtC; as amended, is hereby contracted to be paid for such realty or on its fair
further amended to read as follows: market value determined in aceordanee with
beetiow 6(E) of this Code, whichever is higher:
“SEC. 195. Amp fax on Mortgages, Pledges f'ropided, That when one of the contracting parties
crib&eds o/ Trust. - On every mortgage or pledge is the Government, the tax hexein imposed shall be
oflands, eetate, orpreperty, realorpereonal, heritable based on the actual consideration:
ormovable, whateoexer, where the same sbéllbe made
ae a security for the pay zient of any definite and ‘(a) Whenthe consideration, or value reœived
certain sum of money lent at the time or previously or contracted to bepaid for suchrealty, after making
due and owing or forborne to be paid, being payable, proper allowanœ of any encumbranœ, does not exœed
and on anjr conveyance of land, eatate, or property One tbousand peeos (Pl,000), Fifteen pesos(P15.00).
whatsoever, in trust or to be sold, or otherwise
converted into money which shall be and intended “(b) For each additional One thousand pesos
onl y as security, either by express stipulation or (P1,000), ox I:ractionalpaxt thereof in excesa of One
otherwise, there shall be collected a documentary thousand peeos (P1,000) of such consideration or
stamp tax at the following ratea: value, Fikeen pesos (Pl5.00).
‘(a) When the amount secured does not exceed "Transfers exempt from donor’s tax under
Five thousand peaos(P5,000), Porty pesoa (P40.00). Section 101(a) and (h) of this Code shall be exempt
from the tax imposed under this Section.
‘(b) Oneach Five thousand pesos (P5,000), or
fractionalpart thereofin exceas ofFive thouaand peeos ‘When it appears that the amount of the
e s,ooo), an addiñonal tax of Twenty pesoa (P20.00). documentary atamp taxpayable hereunder has been
zeduœd by anin‹x›rreetstatementoftheœnsideration
in any eonveyance, deed, instmiment or whiting
subject to auch tax the Commissioner, provincial or
83
’(1) asa
SEC. 73. Section 237 of the NIRC, aa amended, is herebjr
“(a) His gross salee or receipts for the paat further amended to read as follows:
twe re (12) months, other than thoae that are exempt
under Section 109(A) to (8B), have exceeded Three ‘i5EC. 237. Issuance o[ 2teeeipts or Sales or
millionpeaoa (P3,000,0O0); or t ommerciof montrez. -
“(b) There are reasonable grounds to believe “(A) Jssuonre. — All persons ant:¡ject to an
that his gross sales or receipts for the next twelve intezzml revenue tai sh.all: at the point of each sale
(12) months, other than thoae that are exempt under and transfer of merchandise or for services rendered
Section 109(A) to(BB), willexceed Three millionpesos valued at One hundred pesos (PIOO) or more, iseue
(P3,000,000). duly registered receipts or aale or commercial
invoices, showing the date of transaction, quantitjr,
unit cost and description of merchandise or nature
of service.- Provided, however. That where thr xeee@I
“(Hj Optimal Re tration f• *«la-Added tas is isaued to cover payment made as rentals,
o[Exempt Pers«n. - (1) Any person who is not commissions, compensation or fees, receipts or
required to register for value-added tax under invoi‹:ee shall be issued which shrill ahow the name,
Subseetion (G) hereof may elect to register for business s azid address of thepurchaser,
value-added tax by registering with the Revenue customer or client: Provided, ther, That where
District Office that haa jurisdiction over the head thepurchaser is aYAT-registeredpereon, iztaddition
off:ice of that person, and paying the annual to the information herein required, the invoice or
regiatration fee inSubaection (B) hereof. xeoeiptshallfurtherabowthe'PaxpayerIdentification
Number (TIN) of the purchaser.
"(2) Any person who elects to register under
this Subeection shall not he entitled to cancel his
registration under Subsection(F)(2)for the next three
(3) years.
..87
‘(3) x x x; or
" RG. 264•B. Turchase, Une, Possession, Ogre (l) For thefirst oflenae, a fine of Twomillion
or Offer to rich, Installment, Trons[er. Update, dve hundred thouaand peeos (P2,500,000),
Upgrade, &eepiug or Pleintaising of Sales
lsuppressîon Derices. — Any person who shaIl "(2) r‹ the æmndoffense, afineofFise million
purchaae, uee, poesess, cell or offer to cell, inatall, peeos (P5,000,000); and
transfer, update, upgrade, keep, or maintain any
software or device designed for, or is capable of: (3) For the tbird offense, a fine of Tenmîllion
(a) suppresaingthe creation of electronic records of pesos(P10,000,000)andN9nmti0n 88 n toengage in
sale transactions that a taxpayer ta required to any trade or business.
keep under existing tax laws andfor regolatione; or
(b) modifying, hiding, or deleting electronié records ‘(b) Any person who causes the remômlof the
ofsales traztsactions and providing a ready meaàs of jj1 marking agent from marked fuel, and
access to them, shall be punished by a fine of notless
the adulteration or dilution of fuelintended for sale
than Five hundred thousand pesos (P500,000) but to the domestic market, or the koowing possession,
notmoze than TenmîEion peaos (Pl0,O00,O00), and storage, transfer ce o8er for aale offuel obt6ioäed W
auffer imprisonment of not leas than two (2) years reault of such removal, adulteräÀOÖ O2• dilDtio
but not more *h*a four (4) years: Prooided, That a be penalized in the aame manner and extent as
cumulative suppression of electronic sales record in provided for in the preceding Subsection.
exeess of the azaount of Fifty million pesos
(PS0,000,000) shallbe œneideredaa emnomie sabotage
“(c) Any person who commits ;jny of the acts
and shall be punished in the maximum penalty
enumerated hereunder shall, upon conviction, be
provided for under this provision”
puniahed by afine of not leas than One million pesos
(Pl,000,000) but not more than Five million p£•"°"
SEC. 80. Anew section designated ae Section 265-A under
(P5,000,000), and amer imprisontnent ofnot]ees thao
Chapter II, Title R of the NIRO, as amended, is herebjr inserted
four (4) jrearz but not more than eight (8) ÿ8H6
to read asfollows:
"(1) Making, importing, selling, using or
“SEC. 265-A. t feuses RelaI in g to 'uel Marking.
possessing fuel markers without express authority;
— All offenses relating to fuel marking shell, in
addition to the penalties imposed under Title X of
the NIRC, as amended, Section 1401 of Republic Act “(2) Making, importing, selling, using or
No. 10863, otherwise known as the ‘Customs possessing counterfeit fuel markers;
Modernizañon and TariffAct(CMTA)’, and other
relevant laws, be punishable asfollows: “(3) Causing another person or entity to
commit any of the two (2) preceedin8 ^ *
“(a) Any peraon who is found to be engaged in
the sale, trade, delivery, dietribuôon or transportation
‘ 03
‘(4) Cauaing the sale, distribution, aupply or SEC. 81. Section 269 of the NIRC, as amended, ie hereby
transport of legitimately imported, in-transit, further amended to read asfollowa:
manufactured or procured eontrolledprectimoreend
eeeeo tlal ehemieals, in diluted, mixtures or in ‘SEC. 269. Vi»iaiions Commiued by
conœntrated forzn, to any perron or entity penalized Crouernment En[ornem›ent fers. -$ *
in Subeections (a), (b), or (e) hereof, including but not
limited to, packaging, repackaging, labeling, “(a) x x x;
relabeling or conœalment of auch tranaactim through
fraud, destruction of documents, fraudulent use of
permite, misdeclaration, use of l'ront companiea or
mail fraud.
“(h) Having knowledge or information Of any
violation of this Gode or of anjr fraud committnd °n
"(dj Any person who wñlfulljr inserts, places, the revenues collectible bar the Bureau of Internal
adds or attaches directly or indirectly, through any Revenue, failure to report such knowledge or
overt or covert qet, whatever quanti@ of any un information to their superior offieer, or failure to
igrked fuel, counterfeit additive or chemical in the report as otherwise required by law;
person, house, effects, inventory, or in the
immediate vicinity of aninnocent indiv:idual for the
purpose of implicating, incriminating or imputing the ”(i) x x x; and
commission of any violation of this Act shall, upon
conviction, be punished by a fine of not less than ‘(j3 Deliberate failure to act on the application
Five million pesos (P5,000,000) but not more than for refunds within the prescribed period provided
Ten million peaos (P10,000, 000), and auffer under Section 112 of this Act.
imprisonment of not less than four (4) years but not
more than eight (8) years. ”Provided. Thattheprov:isionsof theforegoing
paragraph notwithstanding, any internat revenue
"(e) Any person who is authorized, liœnsed or offices loz which a prima facie case of grave
accredited under this Act and its implementingrules misconducthas beeneatabliahed sball, aftm 8
to conduct fuel tests, who issues false or fraudulent andhearing of the administrative case andsubject to
fuel test reaults knowingly, willfulljr or through grosa Gvil Service Laws, be dismissed from the revenue
negligenee, shall suffer the additional penalty of service: Prooided, rtW r, That the team ‘grave
imprisonment ranging from one (1) jrear and one (1) misconduct’, asdefined inthe Civil Serviœ Law, aball
day to toro (2) years and six (6) months. include the issuance offake letters of authority and
receipte, forgery of signature, uaurpation ofauthority
"The additionalpenaltiesof revocation of the and habitual iæuanœ ofunreasonable aseessments.”
license to practice his profession in ease of a
practitioner, and the closure oftbefiieltestingf:acidity, AEG. 82. Section 288 of the NIRC, as amended, ie hereby
majr also be imposed at the instance of the court.” further amended to read asfollows:
itepublic Act No. 7171, otherwise known as in Act SET. 8ri. n • rtorial Requirements. Ï'he ioterage0cy
to Promote the Development of the Farmer in the
Vîxgìnìa Tobacco Producing Provinces’, and øø ønittee created and the conœrned departsentøfagenciesf
Section 8 of RepublicAet No. 8240, otherwise known benefimarìeø under ø onf82 of this W shaft øu*mit to the
l'reeiõeztt of tbe Sesate o the Philippines, the Speaker O*
as ixActAmending Sections 138, 139, 140 and 142 ønd
of the National Internal Ttevenue Code, aø Amended, ÃOIIBO ofRepre•entBÕve8.
ø Approprìatiooø a detailed eport on the
and for Other Purpoæs’. tlte Bouae Coouoittee
ezpeodżŁuze oÎ’the øjø ønts earmarked hereon copy furnished
“An interagency committee, chairëd by- the the Ghăirpersonsof the Committee on Ways andMeanø of bAth
Departmetit ofBudget andManagement (DBM) and Rocaes of C osgreae. ozt a6aJ1likewisebepo•teğ ontbe
ofiìcial website of the agencies concerned.
oo-chaired by DOF and DSWD, and comprised of the
National Economic and Development Authority
(NEDA), Department of Transportation (DOTr),
Department of Education (DepEd), Department of
Health(DOH), Departmentoflæbor and Employitrent
(DOLE), National HouaingAuthority(NHA), 8ugar IØtemal
Begu1atoryAdministration(SRA), Departmentoftbe for its effective implementaóoœ
Interior andLocal Government (DIL(i), Department
e y provision of this
of Energy(DOE), NFĄ and TESDA, iø herebjr created SEc. 85. Sepnraòíïity -
to oversee the identification of qualified beneficiaries iø ø bøøquenjjy declared invalid or immns the other
remain in
and the implementation of these projects and ptpvìsțons hereof which arenot affected thereby shall
prògrams: ProoiBed, That qualified beneficiaries WßfoœaodeÆed.
nuder Subsection (e) hereof shall be identified using
the Nationnl ID System which may be enacted by 86. J?epeali;sg Clause. - 'Ï'lze îofloefia$ laws or
anŒor
Congress. provimons of laws are hereby repelled and the persons
ttøøøøøti nsajfected herein are made aubjectto theVAT p OØ
lit1tizi sixty (60) days from the end of the ofEtle IV of the NIP•C, aø amended:
three (3)-year period from the ef:festivity of this Act,
the intera gency committee and respective (a) Section 3 of Presidential Decree (P.D.)
implementing agencies for the above programs shall 1972, ». 1985, as amended, Sections 4 ané 5 of
submit corresponding program aøseøømentø to the Executive Order No. (E. .) 1057ø s. 1985, aoü
COCCTRP. The NatíonalEzpenditure Program from Section 4 of E.O. 1064, •. 1985, insofar aø t6eYAT
2019 onwards øhallprovide line items thatcortespond taa exemption and tax credit is concerned,
to the allocations mandated in the provisions above.
98
ß) Section 10, insofar as VAT exemption iø (i) Section 21, insofar aø VAT exemption is
conœrned, ofRepublic Act No. (R-A-) 6807 or AnAc( concerned, of BE 7366 or tire Law Creating the
Convertźttg the Møtí Gømmunitjr College intø a State National Gommiaaion for Culture and the Artø;
College to be known as the Davao Oriental State
College of Scienœ and Technology, Providing for a tj) Section 7(f), insofar aø VAT exemption is
Charter for this Purpose, Expanding ite Currie œncezueé, oč RR 7371 oz Aa Act Conveztiog the
Offerings, Redirecting itø Objectives, and AklanAgricultural College into Aklan State Coßege
Appmpriating Funde Therefor; of Agriculture, and Appropriating Funds Therefor;
(c) Seetions 18 and 19, insofar as vAT (k) Section 12, second sentence, inøof:ar asVAT
ezemptioniø concerned, ofRfi 6847 or The Philippine exemption is concerned, of RR 7373 or An Act
Sports CommîøøionAet; Establishing the Eastern Visayaa Science High
(r) Section 39, insofar as VAT exemption is Section f(f•') and ( , int° as vAT
(s) Section 4(e) and (f), insofar as VAT Seclûao 7(c). as YAT exemption is
tbe
exemption is concerned, ofRR 8292 or the Higher coztcezoecf, of RA 9141 OU A» Ach Coaaezôag
Education ModernizationAet of 1997;
Negroa Occidental A College into St
(v) Article 65, insofar as VAT eaemption and exemptionis conœrn'•A l )• asYATmro-
ty
sero rating ie coneerned, of regional or area raöogie roncerne¢ ofRA 9500 ortlie Unieerei of
the Philippines QF Of 2008;
headquarters and zem-rating of the sale or leaàe of
goods and propertjr and the rendition of services to (dd) Section 25(h) gd te), insofar as VAT
regional or area headquartere, and Article 67, insofar
as VAT exemption ia concerned, of R.A. 8756; exemption is concerned, and (d) ineo(;ty as VAT
Prouided, That exieting RRQs and ROHQe enjojdng zero-rating in copcerned, of c State College into
VAT exemption and sero-rating at the time of the con exting Mine°Polmch°i
effeetivity of TRAIN shaft not be a8ected; a State U niversity to be Known a8 the Min @BOäO
(x) Section 7(e), insofar aa YAT exemption is ot6ermïse]eoomn Act lncreasing the Maxim
concerned, of RR 9055 or An Act Converting the Deposit Insurance Coverage, and in Connefion
Ak1an State College of Agriculture into the Aklan Therewith, to Strengthen the Regulat° and
Numbered Three Thousand Five Hundred Nżaety (nn) Section 35 (b)(c), with respect to YAT, of
)zte, æ Aazeztüeó, Otbezæżae Zztowu as tbe RR 8550 or The Philippine Fisheñes Gode gf 1998;
PDIGCIuct=qmdforOMerPœpoæs;
(n1 ›,••mnnr•= ø'=rß ^
(i'(l Sections 3 and 19, insofar as VAT to VAr, ofBx 1081f or the Philippine aalalEzport
exemption is concerned, of RR. 9679 ør An Act Development andPmmotion Act of 2016;
Further Strengthening the Home Development
Mutuøl Fund, and for Other Purposes; (pp) Section 9(ß), (4), and (8), with respect to
VAT, of RR ß479 or the Downstream Oil Industry
(gğ) Section 23, insofar as VAT exemption is DeregulaõoaAct o'f 1998;
concerned of the National Historical Commiaøion of
the Philippines, of RR 10086, or the Strengthening (qq) Section 6(c) and (d), withrespect to VAT,
Peoples’NationalismThrough Philippine HistozyAet; ofRjA7l03ort6eInopaodSteelloŒustryÀrË’
(hbj Section 7(b) and (c), insofar as VA'f (rr) iseetion 10, with respect to VAT, of RR
exemption is concerned, and (d), inøofør as VAT 7718 or An Act Amending RR No. 6957;
zero-rating is concerned, ofRA 9647 or the Philippine
N *<m****** hOD ** *;
(es) Section 26(B)(3), wİth respect to VAT, of
RR 9275 or the Philippine Clean WaterAct of 2004;
(ii) Section 17, insofar as VAT exemption ia
concerned, o:f R.A. 7898, as amended by
(tt) Section20(d)(3) ofRR 7279 or theUrban
R.A. l034B, Establishing the Revised AFP
Development and Housing Act of 1992;
Modernization Program and for Other Purposes;
(uu) Section 20(d)(3) of RL A0884 or An Act
(jj3 Section 56, insofar as VAT exemption ié
Strengthening the Balanced Housing Development
concerned, of RR 10801 or the Overseas Workers
Program, Amending for the Purpose RR 7279, as
Welfare AdministrationAct;
Amended, Otherwise Known as the Urban
Development and Housing Act of 1992;
(km) Section 9(e)(2) and tj), withrespect to VAT,
of BE 7900 or the High-Value Grops Development
(w) Section 14, with respect to VAT, of RA.
Act of 1995;
ß423or the Traditional and Alternative Medicine
of 1997;
(11) Section24(e) ofBE 10068 or the Organic
Agriculture Act of 2010;
(ww) Section 22(b) of R-A. 10747 or the Rare
Diøeaaea of the Philippines;
(mm) isection 14(b), with respect to VAT, RR
7308 or the Seed Industry Development Act of (xx) Section 45(a), (b), ønd (e), with respect to
1992; YAT, of RR 9003 or the Ecological ßolid Waste
Management Act of 2000;
(yy) Section 5(b), with respect to VAT, of
RA 107T1or the Philippine Green Jobs Art où zone; (c) secao» 4 oJ'RA iz6s o AaA•t P o a\og jbc
Chaz2t Sweepstalres, Ilozee Itaœs azid Lottezîea:
(zz) Section 6, with respect to VAT, of RH
7459 ou the Investors and Inventions Incentivesoct • Ss o. 4. Holding ofsweepstakes. — Tire Offiœ
ofthe Philippines; shalj hold ebanty horse race aæeepatakes uoderauch
gbgulations as ahall be promulgated bythe Board in
Aaaa) Section z4, insofar as VA'r exemption accnrdance with Republic Aet Numbered Three
oÎ' fouoüatiozts foz sciezttîôc aüoaztceæeats is hundred and eme. Provided, however, That when
concerned, ofRA 2067, aa amended, or the Science theholding of aaweepstakes raeeto deterœine pts
Act of 1958; and is impossible due to war, public calamity, or other
unforeaeen or fortuitous event or when there ie no
(bbb). Sectäoñ 9, with respect to‘ vAT, of eufficient nunibez of horses to détermine the major
RH 9511 ou the NaÔooal Ûzi8 0‹› ro¥ätttoa of tbe prizes, the Board of Direetore gray determiôe the
Phi1ippineeA‹n. procedure to be followed in the distribution of prizes
inthe most just, equitable and ezpeditious manner.
The horse races and the sale of tickets in the said
Prouided, That the VAT obligations of geverziment- aweepatakes shall be exempt from all taxes, except
o ned 8Od•COOtrOÎled Mrporatlons, gtate fini reitieg
that each ticket shall bear a twelve-œntavo iaternal
W• a°d°ther 8overmneotiastrumentaj¡ revenue stamp. The tickets »hslJ be printed by the
whose VAT exemption hae been repealed under this
Act shall be chargeable to the Tax Expenditur fond Govexznoent end shall be considered government
Approved,