Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 19

DST Summary

Index for Documentary Stamp Tax:                                      

 Description
 Tax Form
 Documentary Requirements
 Tax Rates
 Procedures
 Related Revenue Issuances     
 Codal Reference
 Frequently Asked Questions

Description

Documentary Stamp Tax is a tax on documents, instruments, loan


agreements and papers evidencing the acceptance, assignment, sale
or transfer of an obligation, right or property incident thereto.

[return to index]

Tax Forms

BIR Form 2000 (Documentary Stamp Tax Declaration Return);

BIR Form 2000-OT Documentary Stamp Tax Declaration Return (One-


Time Transactions)

[return to index]

Documentary Requirements

Mandatory

1. Photocopy of the document to which the documentary stamp


shall be affixed;
2. Proof of exemption under special laws, if applicable;
3. Proof of payment of documentary stamp tax paid upon the
original issue of the stock, if applicable.

[return to index]

Tax Rates

Tax Document Taxable Unit Tax Due Per Unit % of Taxable Base
Code Unit
Secti
on
174   Original Issue P200.00 or 2.00               1%  Par value of shares of
of Shares of fraction thereof       stocks                      
Stock with par   2.00   Actual consideration for the
value P200.00 or   1%  issuance of shares of
  fraction thereof     stocks
         
Original Issue       Actual value represented by
of Shares of       each share
Stock without    
par value   2.00
  P200.00 or 1%
  fraction thereof
Stock
Dividend

175   Sales, P200.00 or 1.50        0.75 Par value of such stock


Agreements to fraction %  
Sell, thereof           
Memoranda of    
Sales,    
Deliveries    
or Transfer of   DST paid upon the original
Shares or     issuance of said stock.
Certificates of 50%
Stock   
 
Stock without
par value
 176  Bonds, P200.00 or .75 . Par value of such bonds,
  Debentures, fraction thereof  375 debentures, Certificate of
Certificate of % Stock or Indebtedness
Stock or
Indebtedness
issued in
foreign
Countries 
 177  Certificate of P200.00 or 1.00 .5% Face value of such
  Profits or fraction thereof certificates / memorandum
Interest in
Property or
Accumulation

178   Bank Checks, On each Document 3.00    


Drafts,
Certificate of
Deposit not
bearing
interest   and
other
Instruments
179   All Debt P200.00 or 1.50 .75% Issue price of any such debt
Instruments fraction thereof instruments or a fraction of
365 days for instrument
with term of less than 1
year

180   All Bills of P200.00 or .60 .3% Face value of any such bill
Exchange or fraction thereof of exchange or draft
Drafts
181   Acceptance of P200.00 or .60 .3% Face value of such bill of
Bills of fraction thereof exchange or order or the
Exchange or Philippine   equivalent of
order for the such value, if expressed in
payment of foreign currency
money
purporting to
be drawn in a
foreign
country but
payable in the
Philippines

182   Foreign Bills P200.00 or .60 .3% Face value of such bill of
of Exchange fraction thereof exchange or letter of credit
and Letters of or the Philippine equivalent
Credit of such value, if expressed
in foreign   currency
 183   Life If the amount of exempt      Amount of Insurance
    Insurance insurance does    
Policies not exceed    
P100,000.00    
     Amount of Insurance
If the amount of 20.00     
insurance exceeds    
P100,000.00 but    
does not exceed    
P300,000.00    Amount of Insurance
     
If the amount of 50.00    
insurance exceeds    
P300,000.00 but    
does not exceed   Amount of Insurance
P500,000.00    
     
If the amount of 100.00     
insurance exceeds    
P500,000.00 but   Amount of Insurance
does not exceed    
P750,000.00    
     
If the amount of 150.00     
insurance exceeds   Amount of Insurance
P750,000.00 but  
does not exceed  
P1,000,000.00  
   
If the amount of 200.00
insurance exceeds
P1,000,000.00

184 Policies Of P4.00 premium or .50 12.5 Premium charged


Insurance fraction thereof %
upon Property
185 Fidelity Bonds P4.00 premium or .50 12.5 Premium charged
and other fraction thereof %
Insurance
Policies

186   Policies of P200.00 or 1.00 .5% Premium or installment


Annuities  or fraction thereof     payment or contract price
other       collected 
instruments         
        Premium or contribution  
        collected
  P200.00 or .40 .20%
  fraction thereof
 
Pre-Need
Plans
187 Indemnity P4.00 or fraction .30 7.5% Premium charged
Bonds thereof

188 Certificates of Each Certificate 30.00    


Damage or
otherwise and
Certificate or
document
issued by any
customs
officers,
marine
surveyor,
notary public
and  
certificate
required by
law or by rules
and
regulations of
a public office

189 Warehouse Each Receipt 30.00    


Receipts
(except if
value does not
exceed
P200.00)
190 Jai-alai, Horse P1.00 and below .20     20%  Cost of the ticket
Race Tickets, cost of ticket      
lotto or Other   Cost of the ticket
Authorized  
Number   Additional P0.20
Games on every P1.00 or
fraction thereof if
cost of   ticket
exceeds P1.00

191   Bills of Lading If the value of 2.00      Value of such goods


or Receipts such goods    
(except exceeds P100.00    
charter party) and does not    
exceed P1,000.00    
    Value of such goods      
If the value 20.00  
exceeds P1,000.00  
   
Freight tickets  
covering goods, Exempt 
merchandise or
effects carried as
accompanied
baggage of
passengers on
land and water
carriers primarily
engaged in the
transportation of
passengers
192  Proxies Each proxy 30.00    
(except
proxies issued
affecting the
affairs of
associations
or  
corporations,
organized for
religious,
charitable or
literary
purposes)

193   Powers of Each Document 10.00    


Attorney
(except acts
connected
with the
collection of
claims due
from or
accruing to
the
Government of
the   Republic
of the
Philippines, or
the
government of
any province,
city or
Municipality)
194   Leases and First 2,000 or 6.00 .3%  
other Hiring fractional part    
agreements or thereof    
memorandum      
or contract for For every P1,000 2.00   .2%  
hire, use or or fractional part
rent of any thereof in excess
lands or of the   first
tenements or P2,000 for each
portions year of the term of
thereof the said contract
or   agreement

195 Mortgage or First 5,000 40.00 .8% Amount Secured


Pledge of        
lands, estate,       Amount Secured
or property On each P5,000 or 20.00 .4%
and Deeds of fractional part
Trust thereof in excess
of 5,000
196 Deed of Sale, First 1,000 15.00 1.5% Consideration or Fair
Conveyances,       Market Value, whichever is
Donations of       higher (if   government is a
Real         party, basis shall be the
Property       consideration)
(except        
grants,       Consideration or Fair
patents or       Market Value, whichever is
original       higher (if   government is a
certificate of       party, basis shall be the
adjudication For each 15.00 1.5% consideration)
issued by the additional P1,000
government) or fractional part
thereof in excess
of P1,000

197   Charter Charter parties      


parties and and similar    
Similar instruments if    
Instruments gross tonnage of    
the ship, vessel or 1st 6 months Registered gross tonnage
steamer is: P1,000.00  
  In excess + P  
1,000 tons and 100.00  
below    
     
     
  1st 6 months  
  P2,000.00  Registered gross tonnage
  In excess +  
  P200.00  
1,001 to 10,000    
tons 1st 6 months  
  P3,000  
  In excess + 300  
   
   
  Registered gross tonnage
 
 
Over 10,000 tons
198   Stamp Tax on   At the same rate    
Assignments as that imposed
and Renewals on the original
or instrument.
Continuance
of Certain  
Instruments

[return to index]

Procedures

 BIR FORM 2000 - (DOCUMENTARY STAMP TAX DECLARATION


RETURN)

Who Shall File


The return shall be filed in triplicate by the following:

1. In the case of constructive affixture of documentary stamps, by the


person making, signing, issuing, accepting, or transferring documents,
instruments, loan agreements and papers, acceptances, assignments,
sales and conveyances of the obligation, right or property incident
thereto wherever the document is made, signed, issued, accepted or
transferred when the obligation or right arises from Philippine sources
or the property is situated in the Philippines at the same time such act
is done or transaction had;

2. In the case of Electronic Documentary Stamp Tax (eDST) System


user, by the taxpayers belonging to the industries mandated to use the
web-based eDST System in the payment/remittance of DST liabilities
and the affixture of the prescribed documentary stamp on taxable
documents and taxpayers who, at their option, choose to pay the DST
liabilities thru the eDST System pursuant to Revenue Regulations (RR)
No. 7-2009; and

3. By a revenue collection agent for remittance of sold loose


documentary stamps.

Whenever one party to the taxable document enjoys exemption from


the tax herein imposed, the other party thereto who is not exempt
shall be the one directly liable for the tax.

When and Where to File

The return shall be filed within five (5) days after the close of the
month when the taxable document was made, signed, issued,
accepted or transferred or upon remittance by revenue collection
agents of collection from the sale of loose documentary stamps.

The return shall be filed with the Authorized Agent Bank (AAB) within
the territorial jurisdiction of the Revenue District Office where the
residence or place of business of the taxpayer is located or where the
collection agent is assigned. In places where there are no AABs, the
return shall be filed directly with the Revenue Collection Officer (RCO)
within the Revenue District Office which has jurisdiction over the
residence or place of business of the taxpayer or where the collection
agent is assigned.
When and Where to Pay

Upon filing of this return, the total amount payable shall be paid to the
AAB where the return is filed within five (5) days after the close of the
month when the taxable document was made. In places where there
are no AABs, the tax shall be paid with the Revenue Collection Officer
who shall issue an Electronic Revenue Official Receipt (eROR)
therefor.

When the return is filed with an AAB, taxpayer must accomplish and
submit BIR-prescribed deposit slip, which the bank teller shall
machine validate as evidence that payment was received by the AAB.
The AAB receiving the tax return shall stamp mark the word
“Received” on the return and also machine validate the return as proof
of filing the return and payment of the tax by the taxpayer,
respectively. The machine validation shall reflect the date of payment,
amount paid and transactions code, the name of the bank, branch
code, teller’s code and teller’s initial. Bank debit memo number and
date should be indicated in the return for taxpayers paying under the
bank debit system.

For eDST System User

Prior to the enrollment in the eDST System, taxpayers availing thereof,


whether on the mandatory or optional basis, shall be duly enrolled
under the BIR Electronic Filing and Payment System (eFPS). In paying
the DST liabilities, BIR Form No. 2000 shall be filed and the amount
due thereon shall be paid thru the eFPS for taxpayers and PhilPass
Facility of the Bangko Sentral ng Pilipinas for banks (AABs and non-
AABs).

For eFPS Taxpayer

The deadline for electronically filing and paying the taxes due thereon
shall be in accordance with the provisions of existing applicable
revenue issuances.

 BIR FORM 2000-OT DOCUMENTARY STAMP TAX DECLARATION


RETURN (ONE-TIME TRANSACTIONS)
Who Shall File

The return shall be filed in triplicate by the following person making,


signing, issuing, accepting or transferring the document or facility
evidencing transaction:

1. Every natural or juridical person, resident or non-resident, for


donation, sale, barter, exchange or other onerous disposition of shares
of stock in a domestic corporation, classified as capital asset, not
traded in the local stock exchange;

2. Every withholding agent/buyer/seller on the sale, transfer or


exchange of real property classified as capital asset. The “sale”
includes pacto de retro sale and other forms of conditional sale; and

3. Every withholding agent/buyer/seller on the sale, transfer or


exchange of real property other than capital asset.

4. Every natural or juridical person, resident or non-resident, for


donation of real properties.

Whenever one party to the taxable document enjoys exemption from


the tax herein imposed, the other party thereto who is not exempt
shall be the one directly liable for the tax.

When and Where to File and Pay

The return shall be filed and the tax paid within five (5) days after the
close of the month when the taxable document was made, signed,
issued, accepted or transferred.

The return shall be filed with and the tax paid to the Authorized Agent
Bank (AAB) within the territorial jurisdiction of Revenue District Office
(RDO) where the seller/transferor/donor is required to be registered or
where the property is located in case of sale of real property.

When the return is filed with an AAB, taxpayer must accomplish and
submit BIR-prescribed deposit slip, which the bank teller shall
machine validate as evidence that payment was received by the AAB.
The AAB receiving the tax return shall stamp mark the word
“Received” on the return and also machine validate the return as proof
of filing the return and payment of the tax by the taxpayer,
respectively.

The machine validation shall reflect the date of payment, amount paid
and transactions code, the name of the bank, branch code, teller’s
code and teller’s initial. Bank debit memo number and date should be
indicated in the return for taxpayers paying under the bank debit
system.

Payments may also be made thru the epayment channels of AABs or


online facility, credit/debit/prepaid cards, and mobile payments.

For transactions covered by one (1) Deed of Sale/Exchange/Donation


involving one (1) to three (3) properties, the taxpayer can avail of the
fast lane pursuant to Revenue Memorandum Circular (RMC) No. 43-
2018, as amended by RMC No. 107-2018. Payments amounting to
twenty thousand pesos (P 20,000.00) and below shall be paid in cash
while payments above twenty thousand pesos (P 20,000.00) shall be
made through Manager’s Check or Cashier’s Check to the Revenue
Collection Officer of the RDO concerned.

[return to index]

Deadlines

The Documentary Stamp Tax return (BIR Form 2000) shall be filed in
triplicate (two copies for the BIR and one copy for the taxpayer) within
five (5) days after the close of the month when the taxable document
was made signed, issued, accepted or transferred; upon remittance by
Collection Agents of collection from sale of loose stamps. The
Documentary Stamp Tax shall be paid upon filing of the return.

[return to index]

Related Revenue Issuances

Revenue Regulations (RR) Nos. 9-2000, 6-2001, 13-2004, 7-2009, 6-


2014, 4-2018
Revenue Memorandum Order (RMO) Nos. 8-1998, 15-2001, 13-
2008, 14-2008

Revenue Memorandum Circular (RMC) Nos. 1-2010, 24-2010, 51-


2010, 24-2011, 46-2014, 3-2018

OPM-AS-APMD 2017-06-06

OPM-AS-APMD 2017-06-01

[return to index]

Codal Reference

Secs. 51 to 70 of Republic Act No. 10963 of the Tax Reform for


Acceleration and Inclusion (TRAIN) Law

Sec. 173 to Sec. 201 of the National Internal Revenue Code (NIRC)

[return to index]

Frequently Asked Questions

1) What are the documents/ papers not subject to Documentary Stamp


Tax?

Under Section 9 of Revenue Regulations No. 13-2004, the following


documents and papers are not subject to DST:

 Policies of insurance or annuities made or granted by a fraternal


or beneficiary society, order, association or cooperative
company, operated on the lodge system or local cooperation plan
and organized and conducted solely by the members thereof for
the exclusive benefit of each member and not for profit
 Certificates of oaths administered by any government official in
his official capacity or acknowledgement by any government
official in performance of his official duty
 Written appearance in any court by any government official in his
official capacity
 Certificates of the administration of oaths to any person as to the
authenticity of any paper required to be filed in court by any
person or party thereto, whether the proceedings be civil or
criminal
 Papers and documents filed in court by or for the national,
provincial, city or municipal governments
 Affidavits of poor persons for the purpose of proving poverty
 Statements and other compulsory information required of
persons or corporations by the rules and regulations of the
national, provincial, city or municipal government exclusively for
statistical purposes and which are wholly for the use of the
Bureau or office in which they are filed, and not at the instance
or for the use or benefit of the person filing them
 Certified copies and other certificates placed upon documents,
instruments and papers for the national, provincial, city or
municipal governments made at the instance and for the sole use
of some other branch of the national, provincial, city or municipal
governments
 Certificates of the assessed value of lands, not exceeding P200
in value assessed, furnished by the provincial, city or municipal
Treasurer to applicants for registration of title to land
 Borrowing and lending of securities executed under the
Securities Borrowing and Lending Program of a registered
exchange, or in accordance with regulations prescribed by the
appropriate regulatory authority: Provided, however, That any
borrowing or lending of securities agreement as contemplated
hereof shall be duly covered by a master securities borrowing
and lending agreement acceptable to the appropriate regulatory
authority, and which agreement is duly registered and approved
by the Bureau of Internal Revenue (BIR)
 Loan agreements or promissory notes, the aggregate of which
does not exceed Two hundred fifty thousand pesos (P250,000), or
any such amount as may be determined by the Secretary of
Finance, executed by an individual for his purchase on
installment for his personal use or that of his family and not for
business or resale, barter or hire of a house, lot, motor vehicle,
appliance or furniture: Provided, however, That the amount to be
set by the Secretary of Finance shall be in accordance with a
relevant price index but not to exceed ten percent (10%) of the
current amount and shall remain in force at least for three (3)
years
 Sale, barter or exchange of shares of stock listed and traded
through the local stock exchange (R.A 9648)
 Assignment or transfer of any mortgage, lease or policy of
insurance, or the renewal or continuance of any agreement,
contract, charter, or any evidence of obligation or indebtedness,
if there is no change in the maturity date or remaining period of
coverage from that of the original instrument.
 Fixed income and other securities traded in the secondary
market or through an exchange.
 Derivatives: Provided, that for purposes of this exemption,
repurchase agreements and reverse repurchase agreements
shall be treated similarly as derivatives
 Inter-branch or interdepartmental advances within the same
legal entity
 All forbearances arising from sales or service contracts including
credit card and trade receivables: Provided, That the exemption
be limited to those executed by the seller or service provider
itself.
 Bank deposit accounts without a fixed term or maturity
 All contracts, deeds, documents and transactions related to the
conduct of business of the Bangko Sentral ng Pilipinas
 Transfer of property pursuant to Section 40(C)(2) of the National
Internal Revenue Code of 1997, as amended
 Inter-bank call loans with maturity of not more than seven (7)
days to cover deficiency in reserves against deposit liabilities,
including those between or among banks and quasi-banks

Further, Section 20 of RR No. 4-2018 exempts from DST the following


donations or gifts that are exempt from donor’s tax:

a. Gifts Made by a Resident:

 Gifts made to or for the use of the National Government or any


entity created by any of its agencies which is not conducted for
profit, or to any political subdivision of the said Government; and
 Gifts in favor of an educational and/or charitable, religious,
cultural or social welfare corporation, institution, accredited
nongovernment organization, trust or philanthropic organization
or research institution or organization: Provided, however, that
not more than thirty percent (30%) of said gifts shall be used by
such donee for administration purposes. For the purpose of this
exemption, a 'non-profit educational and/or charitable
corporation, institution, accredited nongovernment organization,
trust or philanthropic organization and/or research institution or
organization' is a school, college or university and/or charitable
corporation, accredited nongovernment organization, trust or
philanthropic organization and/or research institution or
organization, incorporated as a non-stock entity, paying no
dividends, governed by trustees who receive no compensation,
and devoting all its income, whether students' fees or gifts,
donation, subsidies or other forms of philanthropy, to the
accomplishment and promotion of the purposes enumerated in
its Articles of Incorporation.

b. Gifts Made by a Non-resident not a Citizen of the Philippines:

 Gifts made to or for the use of the National Government or any


entity created by any of its agencies which is not conducted for
profit, or to any political subdivision of the said Government; and
 Gifts in favor of an educational and/or charitable, religious,
cultural or social welfare corporation, institution, accredited
nongovernment organization, trust or philanthropic organization
or research institution or organization: Provided, however, that
not more than thirty percent (30%) of said gifts shall be used by
such donee for administration purposes.

2) Where is the Documentary Stamp Tax Declaration Return filed?

In the Authorized Agent Bank (AAB) within the territorial jurisdiction of


the RDO which has jurisdiction over the residence or principal place of
business of the taxpayer or where the property is located in case of
sale of real property or where the Collection Agent is assigned. In
places where there is no Authorized Agent Bank, the return will be
filed with the Revenue Collection Officer or duly authorized City or
Municipal Treasurer where the taxpayer's residence or principal place
of business is located or where the property is located in case of sale
of real property or where the Collection Agent is assigned.
3) What are the documents/papers not subject to Documentary Stamp
Tax?  

 Policies of insurance or annuities made or granted by a fraternal


or beneficiary society, order, association or cooperative
company, operated on the lodge system or local cooperation plan
and organized and conducted solely by the members thereof for
the exclusive benefit of each member and not for profit
 Certificates of oaths administered by any government official in
his official capacity or acknowledgement by any government
official in performance of his official duty
 Written appearance in any court by any government official in his
official capacity
 Certificates of the administration of oaths to any person as to the
authenticity of any paper required to be filed in court by any
person or party thereto, whether the proceedings be civil or
criminal
 Papers and documents filed in court by or for the national,
provincial, city or municipal governments
 Affidavits of poor persons for the purpose of proving poverty
 Statements and other compulsory information required of
persons or corporations by the rules and regulations of the
national, provincial, city or municipal government exclusively for
statistical purposes and which are wholly for the use of the
Bureau or office in which they are filed, and not at the instance
or for the use or benefit of the person filing them
 Certified copies and other certificates placed upon documents,
instruments and papers for the national, provincial, city or
municipal governments made at the instance and for the sole use
of some other branch of the national, provincial, city or municipal
governments
 Certificates of the assessed value of lands, not exceeding P200
in value assessed, furnished by the provincial, city or municipal
Treasurer to applicants for registration of title to land
 Borrowing and lending of securities executed under the
Securities Borrowing and Lending Program of a registered
exchange, or in accordance with regulations prescribed by the
appropriate regulatory authority: Provided, however, That any
borrowing or lending of securities agreement as contemplated
hereof shall be duly covered by a master securities borrowing
and lending agreement acceptable to the appropriate regulatory
authority, and which agreement is duly registered and approved
by the Bureau of Internal Revenue (BIR)
 Loan agreements or promissory notes, the aggregate of which
does not exceed Two hundred fifty thousand pesos (P250,000), or
any such amount as may be determined by the Secretary of
Finance, executed by an individual for his purchase on
installment for his personal use or that of his family and not for
business or resale, barter or hire of a house, lot, motor vehicle,
appliance or furniture: Provided, however, That the amount to be
set by the Secretary of Finance shall be in accordance with a
relevant price index but not to exceed ten percent (10%) of the
current amount and shall remain in force at least for three (3)
years
 Sale, barter or exchange of shares of stock listed and traded
through the local stock exchange (R.A 9648)
 Assignment or transfer of any mortgage, lease or policy of
insurance, or the renewal or continuance of any agreement,
contract, charter, or any evidence of obligation or indebtedness,
if there is no change in the maturity date or remaining period of
coverage from that of the original instrument.
 Fixed income and other securities traded in the secondary
market or through an exchange.
 Derivatives: Provided, That for purposes of this exemption,
repurchase agreements and reverse repurchase agreements
shall be treated similarly as derivatives
 Interbranch or interdepartmental advances within the same legal
entity
 All forebearances arising from sales or service contracts
including credit card and trade receivables: Provided, That the
exemption be limited to those executed by the seller or service
provider itself.
 Bank deposit accounts without a fixed term or maturity
 All contracts, deeds, documents and transactions related to the
conduct of business of the Bangko Sentral ng Pilipinas
 Transfer of property pursuant to Section 40(C)(2) of the National
Internal Revenue Code of 1997, as amended
 Interbank call loans with maturity of not more than seven (7)
days to cover deficiency in reserves against deposit liabilities,
including those between or among banks and quasi-banks (sec.
9, RR No. 13-2004)

4) What are the implications of failure to stamp taxable documents?

An instrument, document, or paper which is required by law to be


stamped and which has been signed, issued, accepted or transferred
without being duly stamped, shall not be recorded, nor shall it or any
copy thereof or any record of transfer of the same be admitted or used
in evidence in any court until the requisite stamp or stamps shall have
been affixed thereto and cancelled.

No notary public or other officer authorized to administer oaths shall


add his jurat or acknowledgment to any document subject to
documentary stamp tax unless the proper documentary stamps are
affixed thereto and cancelled.

5) What is Electronic Documentary Stamp Tax (eDST) System?

The eDST is a web-based application created for taxpayers and the


BIR that is capable of affixing a secured documentary stamp on the
taxable documents as defined under the appropriate provisions under
Title VII of the National Internal Revenue Code of 1997, as amended,
thru the use of a computer unit, any laser printer with at least 1200 dpi
resolution, and Internet Explorer 7.0 It is also capable of providing a 3-
layer watermark on stamps for added security. (Sec. 5 (1), RR No. 7-
2009)

6) Is DST Law applicable on Electronic Documents?

The DST rates as imposed under the Code, as amended by R.A. 9243
and further amended by R.A. 10963 shall be applicable on all
documents not otherwise expressly exempted by the said law,
notwithstanding the fact that they are in electronic form. As provided
for by R.A. 8792, otherwise known as the Electronic Commerce Act,
electronic documents are the functional equivalent of a written
document under existing laws, and the issuance thereof is therefore
tantamount to the issuance of a written document, and therefore
subject to DST. (Sec. 10, RR No. 13-2004 as amended by RR No. 4-
2018)
7) What are the inclusions of a debt instrument? 

“Debt Instrument” shall mean instruments representing borrowing and


lending transaction including but not limited to:

 debentures
 certificates of indebtedness
 due bills
 bonds
 loan agreements, including those signed abroad wherein the
object of the contract is located or used in the Philippines
 instruments and securities issued by the government or any of its
instrumentalities
 deposit substitute debt instruments
 certificates or other evidences of deposits that are drawing
instrument significantly higher than the regular savings deposit
taking into consideration the size of the deposit and the risks
involved
 certificates or other evidences of deposits that are drawing
interest and having a specific maturity date
 promissory notes, whether negotiable or non-negotiable, except
bank notes issued for circulation (Sec. 5, RR No. 13-2004)

8) Is any document, transaction or arrangement entered into under


Financial Lease subject to Documentary Stamp Tax?

Financial lease is akin to a debt rather than a lease. A nature of an


obligation than a lease of personal property. The mere act of extending
credit is already a means of facilitating an obligation or advancing in
behalf of the lessee certain property in lieu of cash in exchange for a
definitive amortization to be paid to the lessor with profit margin
included. Section 179 of the NIRC, as amended, covers all debt
instruments. Therefore, being a nature of an obligation, any document,
transaction or arrangement entered into under financial lease is
subject to DST under such Section of the NIRC, as amended. (RMC No.
46-2014)

You might also like