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.

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Tax Forms

BIR Form 2000 (Documentary Stamp Tax Declaration Return);

BIR Form 2000-OT Documentary Stamp Tax Declaration Return (ONE- TIME

TRANSACTIONS)

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Documentary Requirements

1) Photocopy of document(s) to which the documentary stamp shall be affixed, in case

of constructive affixture of Documentary Stamp Tax

2) Proof of exemption under special law, if applicable

3) Duly approved Tax Debit Memo, if applicable

4) Proof of payment of documentary stamp tax paid upon the original issue of the stock,
if applicable.

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Tax Rates

Tax Document Taxable Unit Tax Due Per % of Taxable Base

Code Unit Unit
Section
174   Original Issue of Shares of P200.00 or fraction 1.00  .5%  Par value of shares of
Stock with par value thereof     stocks 
         
Original Issue of Shares of   Actual consideration for the
Stock without par value P200.00 or fraction 1.00 .5%  issuance of shares of
  
 
 
Stock Dividend
175   Sales, Agreements to Sell,
Memoranda of Sales,
Deliveries orTransfer of
Shares or   Certificates of
Stock   
Stock without par value
 176   Bonds, Debentures,
Certificate of Stock or
Indebtedness issued in
foreign Countries 
 177   Certificate of Profits or
Interest in Property or
Accumulation
178   Bank Checks, Drafts,
Certificate of Deposit not
bearing interest   and other
Instruments
179   All Debt Instruments
180   All Bills of Exchange or
Drafts
181   Acceptance of Bills of P200.00 or fraction
Exchange or   order for the thereof
payment of money purporting
to be drawn in a   foreign
country but payable in the
Philippines
182   Foreign Bills of Exchange
and Letters of Credit
 183      Life Insurance Policies
thereof     stocks
      Actual value represented
      by each share
     
P200.00 or fraction 1.00 .5%
thereof
P200.00 or fraction .75        3.75% Par value of such stock
thereof           
   
   
   
  DST paid upon the original
25% issuance of said stock.
P200.00 or fraction .75 3.75% Par value of such bonds,
thereof  debentures, Certificate of
Stock or Indebtedness
P200.00 or fraction .50 .25% Face value of such
thereof certificate / memorandum
On each Document 1.50    
P200.00 or fraction 1.00  .5% Issue price of any such
thereof instruments
P200.00 or fraction .30 .15% Face value of any such bill
thereof of exchange or draft
.30 .15% Face value of such bill of
exchange or order or the
Philippine   equivalent of
such value, if expressed in
foreign currency
P200.00 or fraction .30 .15% Face value of such bill of
thereof exchange or letter of credit
or the Philippine equivalent
of such value, if expressed
in foreign   currency
If the amount of exempt      Amount of Insurance
insurance does not    
exceed P100,000.00    
If the amount of   Amount of Insurance
insurance exceeds 10.00     
P100,000.00 but does    
not exceed    
P300,000.00     
    Amount of Insurance
If the amount of    
 insurance exceeds 25.00    
P300,000.00 but does    
not exceed    
P500,000.00   Amount of Insurance
     
If the amount of    
insurance exceeds 50.00     
P500,000.00 but does    
not exceed   Amount of Insurance
P750,000.00    
     
If the amount of    
insurance exceeds 75.00     
P750,000.00 but does   Amount of Insurance
not exceed  
P1,000,000.00  
   
If the amount of  
insurance exceeds 100.00
P1,000,000.00
184 Policies Of Insurance upon P4.00 premium or .50 12.5% Premium charged
Property fraction thereof
185 Fidelity Bonds and other P4.00 premium or .50 12.5% Premium charged
Insurance Policies fraction thereof
186   Policies of Annuities  or other P200.00 or fraction .50 .25% Premium or installment
instruments  thereof     payment or contract price
        collected 
         
        Premium or contribution  
        collected
  P200.00 or fraction .20 .10%
Pre-Need Plans thereof
187 Indemnity Bonds P4.00 or fraction .30 7.5% Premium charged
thereof
188 Certificates of Damage or Each Certificate 15.00    
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 Receipts (except Each Receipt 15.00    
if value does not exceed
P200.00)
190 Jai-alai, Horse Race Tickets, P1.00 cost of ticket .10     10%     Cost of the ticket
lotto or Other Authorized    
Number   Games   Cost of the ticket
Additional P0.10 on
every P1.00 or
fraction thereof if cost
of   ticket exceeds
P1.00
191   Bills of Lading or If the value of such 1.00      Value of such goods
 Receipts(except charter goods exceeds    
party) P100.00 and does not    
exceed P1,000.00    
     
If the value exceeds   Value of such goods      
P1,000.00 10.00  
   
Freight tickets  
covering goods,  
merchandise or Exempt 
effects carried as
accompanied
baggage of
passengers on land
and water carriers
primarily engaged in
the transportation of
passengers
192  Proxies(except proxies Each proxy 15.00    
issued affecting the affairs of
associations or  
corporations, organized for
religious, charitable or
literary purposes)
193   Powers of Attorney(except Each Document 5.00    
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   Lease and other Hiring First 2,000 or 3.00 .15%  
agreements or memorandum fractional part thereof    
or contract for   hire, use or      
rent of any land or tenements For every P1,000 or    
or portions thereof fractional part thereof 1.00   .1%  
in excess of the   first
P2,000 for each year
of the term of the said
contract or  
agreement
195 Mortgages Pledges of lands, First 5,000 20.00 .4% Amount Secured
estate, or property and        
Deeds of   Trust       Amount Secured
On each P5,000 or 10.00 .2%
fractional part thereof
in excess of 5,000
196 Deed of Sale, instrument or First 1,000 15.00 1.5% Consideration or Fair
writing and Conveyances of       Market Value, whichever is
Real   Property (except       higher (if   government is a
grants, patents or original       party, basis shall be the
certificate of the government)       consideration)
       
      Consideration or Fair
       Market Value, whichever is
      higher (if   government is a
      party, basis shall be the
For each additional 15.00 1.5% consideration)
P1,000 or fractional
part thereof in excess
of P1,000
197   Charter parties and Similar 1,000 tons and below P500.00 for the   Registered gross tonnage
Instruments   first 6 months  
  Plus P50 each  
  month or  
  fraction thereof  
  in excess of 6  
  months  
     
  P1,000 for the  
1,001 to 10,000 tons first 6 Registered gross tonnage
  months Plus  
  P100 each  
  month or  
  fraction thereof  
  in excess of 6  
  months  
     
  P1,500 for the  
Over 10,000 tons first 6 Registered gross tonnage
months Plus
P150 each
month or
fraction thereof
in excess of 6
months
198   Stamp Tax on Assignments   At the same    
and Renewals or rate as that
Continuance of Certain   imposed on the
Instruments original
instrument.

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Procedures

File BIR Form No. 2000 or BIR Form No. 2000-OT in triplicate (two copies for the BIR
and one copy for the taxpayer) with the Authorized Agent Bank (AAB) in the Revenue
District where the seller or transferor is registered, for shares of stocks or where the
property is located, for real property. In places where there are no AAB, the return will
be filed directly with the Revenue Collection Officer or Authorized City or Municipal
Treasurer.

One-Time Transaction (ONETT) taxpayers shall mandatorily use the eBIRForms in filing all of their tax returns.
They may opt to submit their tax returns manually using the eBIRForms Offline Package in the RDO where the
seller or transferor is registered, for shares of stocks or where the property is located, for real property or
electronically through the use of the Online eBIRForms System. (Sec. 3(2) RR No. 6-2014) 

Submit all documentary requirements and proof of payment to the Revenue District
Office having jurisdiction over the place of residence of the seller.

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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.

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Related Revenue Issuances

Revenue Regulations (RR) Nos. 9-2000, 6-2001, 13-2004, 7-2009, 6-2014

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

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Codal Reference

Sec. 173 to Sec. 201 of the National Internal Revenue Code

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Frequently Asked Questions

1) Who are required to file Documentary Stamp Tax Declaration Return?

a) In case of constructive affixture of documentary stamps, by the persons 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;

b) By using the web-based Electronic Documentary Stamp Tax (eDST) System in the
payment/remittance of its/his/her DST liabilities and the affixture of the prescribed
documentary stamp on taxable documents; and

c) By Revenue Collection Agent, for remittance of sold loose documentary stamps.

Note: Wherever one party to the taxable document enjoys exemption from the tax
imposed, the other party who is not exempt will be the one directly liable to file
Documentary Stamp Tax Declaration and pay the applicable stamp tax.

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?  (sec. 9,

RR No. 13-2004)

 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

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

 The untaxed document will not be recorded, nor will it or any copy thereof or any
record of transfer of the same be admitted or used in evidence in court until the
requisite stamp or stamps have been affixed thereto and cancelled
 No notary public or other officer authorized to administer oaths will 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?   (sec. 5 (1), RR No. 7-
2009)

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.

6) Is DST Law applicable on Electronic Documents? (sec. 10, RR No. 13-2004)

The DST rates as imposed under the Code, as amended by R.A. 9243 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.

7) What are the inclusions of a debt instrument? (sec. 5, RR No. 13-2004)

“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.

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

subject to Documentary Stamp Tax? (RMC No. 46-2014)

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.