Professional Documents
Culture Documents
RR No. 2-98 Amended as of 7.22.21 (1) 1
RR No. 2-98 Amended as of 7.22.21 (1) 1
RR No. 2-98 Amended as of 7.22.21 (1) 1
(A) Final Withholding Tax. — Under the final withholding tax system the
amount of income tax withheld by the withholding agent is constituted as a full and
final payment of the income tax due from the payee on the said income. The liability
for payment of the tax rests primarily on the payor as a withholding agent. Thus, in
case of his failure to withhold the tax or in case of underwithholding, the deficiency
tax shall be collected from the payor/withholding agent. The payee is not required to
file an income tax return for the particular income. LLpr
The finality of the withholding tax is limited only to the payee's income tax
liability on the particular income. It does not extend to the payee's other tax liability
on said income, such as when the said income is further subject to a percentage tax.
For example, if a bank receives income subject to final withholding tax, the same
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shall be subject to a percentage tax. cdasia
(1) Interest from any peso bank deposit, and yield or any other
monetary benefit from deposit substitutes and from trust funds and
similar arrangements; royalties (except on books, as well as other
literary and musical compositions), prizes (except prizes
amounting to Ten thousand pesos [P10,000] or less which shall be
subject to tax under Subsection (A) of Section 24 of the Tax
Code, as amended); and other winnings (except winnings from
Philippine Charity Sweepstakes and lotto amounting to P10,000
or less which shall be exempt) derived from sources within the
Philippines — Twenty percent (20%).
(6) On capital gains presumed to have been realized from the sale,
exchange or other disposition of real property located in the
Philippines, classified as capital assets, including pacto de retro
sales and other forms of conditional sales based on the gross
selling price or fair market value as determined in accordance with
Sec. 6(E) of the Code (i.e., the authority of the Commissioner
to prescribe real property values), whichever is higher — Six
percent (6%).
(8) Capital Gains from Sale of Shares of Stock Not Traded in the
Stock Exchange. — On the net capital gains realized during the
taxable year from the sale, barter, exchange or other
disposition of shares of stock in a domestic corporation —
Fifteen percent (15%).
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(B) Income Payment to Non-resident Aliens Engaged in Trade or Business in
the Philippines. — The following forms of income derived from sources within
the Philippines shall be subject to final withholding tax in the hands of a non-resident
alien individual engaged in trade or business within the Philippines, based on the
gross amount thereof and at the rates prescribed therefor:
(c) Interests from any currency bank deposit and yield or any
other monetary benefit from deposit substitutes and from
trust funds and similar arrangements;
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holder before the fifth (5th) year at the rates herein prescribed to be
deducted and withheld from the proceeds thereof based on the
length of time that the instrument was held by the taxpayer —
(3) On capital gains presumed to have been realized from the sale
exchange or other disposition of real property located in the
Philippines, classified as capital assets, including pacto de retro
sales and other forms of conditional sales based on the gross
selling price or fair market value as determined in accordance with
Sec. 6(E) of the Code (i.e. the authority of the Commissioner to
prescribe zonal values), whichever is higher — Six percent (6%).
(4) Gross income from all sources within the Philippines derived by
non-resident cinematographic film owners, lessors or distributors
— Twenty Five percent (25%).
(6) Capital Gains from Sale of Shares of Stock Not Traded in the
Stock Exchange. — On net capital gains realized during the
taxable year from the sale, barter, exchange or other
disposition of shares of stock in a domestic corporation —
Fifteen percent (15%).
(1) On the gross amount of income derived from all sources within the
Philippines by a non-resident alien individual who is not engaged
in trade or business in the Philippines as interest, cash and/or
property dividends, rents, salaries, wages, premiums, annuities,
compensation, remuneration, emoluments, or other fixed or
determinable annual or periodic or casual gains, profits and income
and capital gains — Twenty five percent (25%). Cdpr
(2) On capital gains presumed to have been realized from the sale,
exchange or other disposition of real property located in the
Philippines, classified as capital assets, including pacto de retro
sales and other forms of conditional sales based on the gross
selling price or fair market value as determined in accordance with
Sec. 6(E) of the Code (i.e. the authority of the Commissioner to
prescribe the real property values), whichever is higher — Six
percent (6%).
(3) Capital Gains from Sale of Shares of Stock Not Traded in the
Stock Exchange. — On net capital gains realized during the
taxable year from the sale, barter, exchange or other
disposition of shares of stock in a domestic corporation —
Fifteen percent (15%).
(1) Interest from any currency bank deposit and yield or any other
monetary benefit from deposit substitutes and from trust fund and
similar arrangements derived from sources within the Philippines
— Twenty Percent (20%).
(5) On capital gains presumed to have been realized from the sale,
exchange or other disposition of land and building located in the
Philippines classified as capital assets, based on the gross selling
price or fair market value as determined in accordance with Sec.
6(E) of the Code, whichever is higher — Six percent (6%).
(7) Capital Gains from Sale of Shares of Stock Not Traded in the
Stock Exchange. — On net capital gains realized during the
taxable year from the sale, barter, exchange or other
disposition of shares of stock in a domestic corporation —
Fifteen percent (15%).
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granted to resident — Ten percent (10%).
(3) Interest on any currency bank deposit and yield or any other
monetary benefit from deposit substitutes and from trust funds and
similar arrangements and royalties derived from sources within the
Philippines — Twenty percent (20%).
(F) Income Derived From all Sources Within the Philippines by Non-Resident
Foreign Corporation. — The following shall be subject to final withholding tax
based on the gross amount of income and at the rate of tax prescribed therefor:
(1) In general — On gross income derived from all sources within the
Philippines such as interests, dividends, rents, royalties, salaries,
premiums (except reinsurance premiums), annuities, emoluments,
or other fixed or determinable annual, periodic or casual gains,
profits and income and capital gains (except capital gains realized
from sale, exchange, disposition of shares of stock in any domestic
corporation which is subject to capital gains tax under Sec.
28(B)(5)(c) — at the following rates:
(2) Gross income from all sources within the Philippines derived by
non-resident cinematographic film owners, lessors or distributors
— Twenty five percent (25%).
(4) On the gross rentals, charter and other fees derived by non-resident
lessor of aircraft, machineries and other equipment — Seven and a
half percent (7.5%).
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domestic corporation subject to the condition that the country in
which the nonresident foreign corporation is domiciled (a) shall
allow a credit against the tax due from the said nonresident foreign
corporation which are equivalent to taxes deemed to have been
paid in the Philippines equal to twenty percent (20%) for 1997,
nineteen percent (19%) for 1998, eighteen percent (18%) for 1999
and seventeen percent (17%) thereafter, which represents the
difference between the regular income tax of thirty-five percent
(35%) in 1997, thirty four percent (34%) in 1998, thirty three
percent (33%) in 1999, and thirty two percent (32%) thereafter on
corporations and the fifteen percent (15%) tax on dividends as
herein provided; or, (b) does not impose any income tax on
dividends received from a domestic corporation.
(G) Fringe Benefits Granted to the Employee (Except Rank and File
Employee). — On the grossed-up monetary value of fringe benefits granted or
furnished by the employer to his employees (except rank and file as defined in the
Code).
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The term fringe benefit means any good, service or other benefit furnished or
granted in cash or in kind by an employer to an individual employee (except rank and
file employees) such as but not limited to, the following:
(1) Housing;
(5) Interest on loan at less than market rate to the extent of the
difference between the market rate and actual rate granted;
(6) Membership fees, dues and other expenses borne by the employer
for the employee in social and athletic clubs or other similar
organizations;
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penalty.
(A) Professional fees, talent fees, etc., for services rendered — On the
gross professional, promotional and talent fees or any other form of remuneration for
the services rendered by the following:
Individual payee:
If gross income for the current year did not exceed P3M - Five percent (5%)
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If gross income is more than P3M - Ten percent (10%)
Non-individual payee:
If gross income for the current year did not exceed P720,000 - Ten percent (10%)
If gross income exceeds P720,000 - Fifteen percent (15%)
(c) Hospitals and clinics shall submit the names and addresses
of medical practitioners in the following classifications,
every 15th day after the end of each calendar quarter, to the
Collection Division of the Revenue Region for non-large
taxpayers and at the Large Taxpayers Document Processing
and Quality Assurance Division (LTDP&QAD) in the
National Office or Large Taxpayers District Office (LTDO)
in the Region for large taxpayers, where such hospital or
clinic is registered, using the prescribed format.
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workers (e.g., occupational therapists, physical therapists,
speech therapists, nurses, etc.) and other medical
practitioners who are not under an employer-employee
relationship with the hospital, clinic or HMO and other
similar establishments.
(2) Professional entertainers, such as, but not limited to, actors and
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actresses, singers, lyricists, composers and emcees;
(9) Fees of directors who are not employees of the company paying
such fees, whose duties are confined to attendance at and
participation in the meetings of the board of directors.
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individuals where consumer products and services are supplied by
an established multi-level marketing company who encourages the
distributor to build and manage his own sales force by recruiting,
motivating, and training others to sell the product or service. A
percentage on the sales of the distributor's sales force would be his
compensation in addition to his personal sales;
The amounts subject to withholding tax under this subsection (A) shall include
not only fees, but also per diem fees, allowances and other form of income payments
not subject to withholding tax on compensation.
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income payor.
(B) Rentals
(b) Railroads;
(d) Tunnels;
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(f) Waste reduction plants;
(j) Excavating;
(k) Trenching;
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(b) Operators of dockyards;
(F) Gross selling price or total amount of consideration or its equivalent paid
to the seller/owner for the sale, exchange or transfer of real property classified as
ordinary asset. — A creditable withholding tax based on the gross selling
price/total amount of consideration or the fair market value determined in accordance
with Section 6(E) of the Code, whichever is higher, paid to the seller/owner for the
sale, transfer or exchange of real property, other than capital asset, shall be imposed
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upon the withholding agent,/buyer, in accordance with the following schedule:
A. Where the seller/transferor is exempt from the creditable withholding tax in
accordance with Sec. 2.57.5 of these regulations — Exempt
Gross selling price shall mean the consideration stated in the sales document or
the fair market value determined in accordance with Section 6 (E) of the Code,
whichever is higher. In an exchange, the fair market value of the property received in
exchange shall be considered as the consideration.
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For sale of property on installment basis or deferred payment basis where the
Contract to Sell is always executed before the execution of the Deed of Sale, the said
Contract to Sell must be attached to the Deed of Absolute Sale executed upon
completion of the payments and the duly notarized original duplicate copy of both
documents must be presented to the RDO having jurisdiction of the place where the
property is located for validation of the correctness of issuance of CAR/TCL.
For this purpose, the importers, shipping and airline companies or their agents,
shall be the withholding agents of the Government;
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Philippines to any business entity, whether natural or juridical person, representing
the sales of goods/services made by the aforesaid business entity to cardholders —
One percent (1%)
The term "goods" pertains to tangible personal property. It does not include
intangible personal property, as well as agricultural products which are defined
under item (N) of this Section.
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factories, furniture shops and all other establishments, in excess of the cumulative
amount of Three Hundred Thousand Pesos (P300,000.00) within the same taxable
year. — One percent (1%)
Meat, fruit, fish, vegetable and other agricultural and marine food products,
even if they have undergone the simple processes of preparation or preservation for
the market, such as freezing, drying, salting, smoking or stripping, including those
using advanced technological means of packaging, such as shrink wrapping in
plastics, vacuum packing, tetra-pak and other similar packaging method, shall still be
covered by this subsection.
An agricultural food product shall include, but shall not be limited to the
following: corn, coconut, copra, palay, cassava, coffee, etc. Polished and/or husked
rice, corn grits, locally produced raw cane sugar and ordinary salt shall be
considered as agricultural food products.
(1) MERALCO Refund arising from Supreme Court Case G.R. No.
141314 of April 9, 2003 to customers under Phase IV as approved
by Energy Regulatory Board (ERC) — On gross amount of
refund given by MERALCO to customers — Fifteen percent
(15%)
1.1 For locally produced raw cane sugar and raw sugar — the
composite price, in metric tons, governing the specified crop year
of raw cane sugar and raw sugar as reflected in one of the reports
(Annex "A") under the weekly Final Sugar Production Bulletin
duly issued by the Sugar Regulatory Administration (SRA) on the
date of sale, or actual selling price, whichever is higher.
For purposes of this subsection, the following terms shall have the following
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meaning:
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(viii) Trader — refers to a domestic company or person given the
authority and license by the SRA to engage in the business of
trading sugar, molasses, or muscovado, as the case may be.
(ix) Sugar — refers to raw cane sugar, raw sugar and refined sugar.
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business;
(D) All individuals, juridical persons and political parties, with respect
to their income payments made as campaign expenditures and/or
purchase of goods and services intended as campaign
contributions.
In the event that the individual payee's cumulative gross receipts in a year
exceed P250,000, the income payor/withholding agent shall withhold the
prescribed withholding tax based on the amount in excess of P250,000, despite
the prior submission of the individual income payee's sworn declaration. On the
other hand, if the individual income payee failed to submit an income payee's
sworn declaration to the lone income payor/withholding agent, the income
payment shall be subject to the applicable withholding tax even though in a
taxable year the income payment is P250,000 and below.
Computation:
Computation:
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Gross Receipts P230,000.00
Less: Amount not subject to withholding tax 0.00
–––––––––––
Income subject to withholding tax P230,000.00
Multiply by: EWT rate 2%
–––––––––––
Amount of withholding tax P4,600.00
==========
* The withholding tax rate applicable in this case is 2%, since
Mr. Marvin is a supplier of services considered as service
contractor.
* However, no withholding shall be made if Mr. Marvin
executed a payee's sworn declaration in accordance with the
format (Annex "B-2") provided under these regulations, and
the same has been received by G.O.D. Collection Services,
Inc. (lone payor/withholding agent) and processed in
accordance with prescribed policy."
Provided, however, that where income is not yet paid or payable but the
same has been recorded as an expense or asset, whichever is applicable, in the
payor's books, the obligation to withhold shall arise in the last month of the
return period in which the same is claimed as an expense or amortized for tax
purposes.
Since the discount is not yet paid or payable but the aliquot portion of
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which has already been recorded as expense for tax purposes, the withholding of
the 20% final tax shall be done on the last month of the quarter when the same
has been claimed as an expense in the quarterly income tax returns/final
adjustments returns filed by X Corporation.
(3) Corporations which are exempt from the income tax under
Sec. 30 of the Tax Code, as amended, and
government-owned or controlled corporations exempt
from income tax under Section 27(A)(C) of the same
Code, to wit: the Government Service Insurance System
(GSIS), the Social Security System (SSS), the Philippine
Health Insurance Corporation (PHIC), and the Local
Water Districts (LWD); However, the income payments
arising from any activity which is conducted for profit or
income derived from real or personal property shall be
subject to withholding tax as prescribed in these
regulations;
Computation:
(A) Manner, Venue and Time of Filing of Withholding Tax Returns and
Payment of Taxes Withheld at Source — Taxpayers mandated to
electronically file and pay shall use the BIR's electronic system, while those not
mandated has the option to either use the said electronic system, or file with the
Authorized Agent Banks (AABs) under the jurisdiction of the Revenue District
Office where they are registered. Withholding agents located at municipalities
where there is no AAB, the returns shall be filed with the Revenue Collection
Officer assigned in the said municipality. The filing of the withholding tax
returns (BIR Form No. 1601EQ for creditable withholding tax and Form Nos.
1602 for final tax on interest on bank deposits, 1603 for final tax withheld on
fringe benefits, and 1601FQ for all other final withholding taxes) and payment of
the taxes withheld at source shall be made not later than the last day of the
month following the close of the quarter during which the withholding was
made.
For this purpose, the quarter shall follow the calendar quarter, e.g., for
taxes withheld during the quarter ending March 31, the same shall be remitted
by the withholding agent on or before April 30. The return filed shall be
accompanied by the Quarterly Alphabetical List of Payees (QAP), reflecting the
name of income payees, Taxpayer Identification Number (TIN), the amount of
income paid segregated per month with total for the quarter (all income
payments prescribed as subject to withholding tax under these regulations,
whether actually subjected to withholding tax or not subjected due to
exemption), and the total amount of taxes withheld, if any.
In the case of sale of shares of stocks not traded thru a local stock
exchange and sale of real property considered as capital asset, the filing and
payment of the tax due thereon shall be made within thirty (30) days after the
sale or disposition using BIR Form Nos. 1707 and 1706, respectively. For sale of
real property considered as ordinary asset, the remittance of tax withheld shall
be made on or before the tenth (10th) day following the month of transaction
using BIR Form No. 1606.
(C) Annual information return and annual alphabetical list of payees for
income tax withheld at source. — The withholding agent is required to file
with the concerned office of the LTS/RR/RDO where the withholding agent is
registered, the following:
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SECTION 2.58.1. Income of Recipient. — Income upon which any creditable
tax is required to be withheld at source shall be included in the return of its recipient.
The excess of the withheld tax over the tax due on his return shall be refunded to him
subject to the authority of the Commissioner to refund taxes under Sec. 204 of
the NIRC. If the income tax collected at source is less than the tax due on his return,
the difference shall be paid in accordance with the provisions of Sec. 56 of the
Code.
(A) The amount of creditable tax withheld shall be allowed as a tax credit
against the income tax liability of the payee in the quarter of the taxable year in which
income was earned or received.
(B) Claims for tax credit or refund of any creditable income tax which was
deducted and withheld on income payments shall be given due course only when it is
shown that the income payment has been declared as part of the gross income and the
fact of withholding is established by a copy of the withholding tax statement duly
issued by the payor to the payee showing the amount paid and the amount of tax
withheld therefrom.
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Proof of remittance is the responsibility of the withholding agent.
(1) If in lieu of the automatic application of his excess credit, the taxpayer
wants a cash refund or a tax credit certificate for use in payment of his other national
internal revenue tax liabilities, he shall make a written request therefor, within two
years after the payment of the tax (Ref. Secs. 204(c) and 229 of the Code ),
provided however, that if the taxpayer has indicated in his income tax return his
option for either a cash refund or a tax credit certificate, such indication shall be
considered sufficient for the purpose. Upon filing of his request, the taxpayer's
income tax return showing the excess expanded withholding tax credits shall be
examined. The excess expanded withholding tax so determined, shall be
refunded/credited to the taxpayer.
Taxable Period
Less: Tax
Withheld (1,500) (500) (300) 0
Net Tax
Payable/
Creditable (500) (300) (100) 500
In the above illustration, there is an excess credit in 1997 that can be applied to
the subsequent quarter. And if the option to apply the excess credit is initiated in the
first quarter of 1998, the taxpayer cannot avail of a refund/tax credit certificate of the
excess credit of P500 in 1997.
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SECTION 2.58.4. Verification of Returns and Statement. — Any return,
statement or other documents required to be filed under these Regulations shall
contain a written declaration that it is made under penalties of perjury and such
declaration shall be under oath.
It shall be the duty of tax officials to accept the income tax return or other
documents submitted under oath.
(A) The payee reported the income and pays the tax due thereon and
the withholding agent pays the tax including the interest incident to
the failure to withhold the tax, and surcharges, if applicable, at the
time of the audit investigation or reinvestigation/reconsideration.
(B) The recipient/payee failed to report the income on the due date
thereof, but the withholding agent/taxpayer pays the tax, including
the interest incident to the failure to withhold the tax, and
surcharges, if applicable, at the time of the audit/investigation or
reinvestigation/reconsideration.
(C) The withholding agent erroneously underwithheld the tax but pays
the difference between the correct amount and the amount of tax
withheld, including the interest, incident to such error, and
surcharges, if applicable, at the time of the audit/investigation or
reinvestigation/reconsideration.
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(1) Compensation paid in kind. — Compensation may be paid in money or in
some medium other than money, as for example, stocks, bonds or other forms of
property. If services are paid for in a medium other than money, the fair market value
of the thing taken in payment is the amount to be included as compensation subject to
withholding. If the services are rendered at a stipulated price, in the absence of
evidence to the contrary, such price will be presumed to be the fair market value of
the remuneration received. If a corporation transfers to its employees its own stock as
remuneration for services rendered by the employee, the amount of such remuneration
is the fair market value of the stock at the time the services were rendered.
Where compensation is paid in property other than money, the employer shall
make necessary arrangements to ensure that the amount of the tax required to be
withheld is available for payment to the Commissioner.
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(c) Medical cash allowance to dependents of employees, not
exceeding P1,500 per employee per semester or P250 per month;
(d) Rice subsidy of P2,000 or one (1) sack of 50 kg. rice per month
amounting to not more than P2,000;
(e) Uniform and Clothing allowance not exceeding P6,000 per annum;
(j) Daily meal allowance for overtime work and night/graveyard shift
not exceeding twenty-five percent (25%) of the basic minimum
wage on a per region basis;
All other benefits given by employers which are not included in the above
enumeration shall not be considered as "de minimis" benefits, and hence, shall be
subject to income tax as well as withholding tax on compensation income.
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classified as "de minimis" benefits or fringe benefits, shall constitute as deductible
expense upon such employer.
Where compensation is paid in property other than money, the employer shall
make necessary arrangements to ensure that the amount of the tax required to be
withheld is available for payment to the Bureau of Internal Revenue.
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which is not engaged in trade or business within the Philippines is subject to all
provisions of law and regulations applicable to an employer.
The phrase "for any cause beyond the control of the said
official or employee" connotes involuntariness on the part of the
official or employee. The separation from the service of the official
or employee must not be asked for or initiated by him. The
separation was not of his own making. Whether or not the
separation is beyond the control of the official or employee, being
essentially a question of fact, shall be determined on the basis of
prevailing facts and circumstances. It shall be duly established by
the employer by competent evidence which should be attached to
the monthly return for the period in which the amount paid due to
the involuntary separation was made.
(e) Payments of benefits made under the Social Security System Act
of 1954 as amended; and
(b) Remuneration paid entirely in products of the farm where the labor
is performed by an employee of any person in connection with any
of the following activities is excepted as remuneration for
agricultural labor:
(c) The remuneration paid entirely in products of the farm where labor
is performed for the following services in the employ of the owner
or tenant or other operator of one or more farms is not considered
as remuneration for agricultural labor, provided the major part of
such services is performed on a farm:
The remuneration paid for the services above enumerated which are performed
in or about rooming or lodging houses, boarding houses, clubs, hotels, hospitals or
commercial offices or establishments is considered as compensation;
(4) Remuneration for casual labor not in the course of an employer's trade or
business. — The term "casual labor" includes labor which is occasional, incidental or
regular. The expression "not in the course of the employer's trade or business"
includes labor that does not promote or advance the trade or business of the employer.
Any remuneration paid for casual labor, that is, labor which is occasional,
incidental or irregular, but which is rendered in the course of the employer's trade or
business, is considered as compensation.
(7) Life Insurance. — The proceeds of life insurance policies paid to the heirs
or beneficiaries upon the death of the insured, whether in a single sum or otherwise,
provided however, that interest payments agreed under the policy for the amounts
which are held by the insured under such an agreement shall be included in the gross
income.
(10) Income exempt under treaty. — Income of any kind to the extent required
by any treaty obligation binding upon the Government of the Philippines.
(a) Thirteenth (13th) month pay equivalent to the mandatory one (1)
month basic salary of officials and employees of the government
(whether national or local), including government-owned or
controlled corporations, and/or private offices received after the
twelfth month pay; and
The above stated exclusions (a) and (b) shall cover benefits paid or
accrued during the year, provided that the total amount shall not
exceed ninety thousand pesos (P90,000.00), which may be
increased through rules and regulations issued by the Secretary of
Finance, upon recommendation of the Commissioner, after
considering among others, the effect on the same of the inflation
rate at the end of the taxable year.
(12) GSIS, SSS, Medicare and other contributions. — GSIS, SSS, Medicare
and Pag-IBIG contributions, and union dues of individual employees.
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(13) Compensation income of Minimum Wage Earners (MWEs) who
work in the private sector and being paid the Statutory Minimum Wage (SMW), as
fixed by Regional Tripartite Wage and Productivity Board (RTWPB)/National Wages
and Productivity Commission (NWPC), applicable to the place where he/she is
assigned, as well as the compensation of employees in the public sector who are
paid not more than the SMW applicable to non-agricultural sector, as fixed by
RTWPB/NWPC, applicable to the place where he/she is assigned.
'Statutory Minimum Wage' (SMW) shall refer to the rate fixed by the Regional
Tripartite Wage and Productivity Board (RTWPB), as defined by the Bureau of Labor
and Employment Statistics (BLES) of the Department of Labor and Employment
(DOLE). The RTWPB of each region shall determine the wage rates in the different
regions based on established criteria and shall be the basis of exemption from income
tax for this purpose.
The NWPC shall officially submit a Matrix of Wage Order by region, and any
changes thereto, within ten (10) days after its effectivity to the Assistant
Commissioner, Collection Service, for circularization in the BIR.
Aside from the SMW, the holiday pay, overtime pay, night shift differential
pay, and hazard pay, earned by the aforementioned MWE shall likewise be covered
by the above exemption. For purposes of these regulations, hazard pay shall mean the
amount paid by the employer to MWEs who were actually assigned to danger or
strife-torn areas, disease-infested places, or in distressed or isolated stations and
camps, which expose them to great danger of contagion or peril to life. Any hazard
pay paid to MWEs which does not satisfy the above criteria is deemed subject to
income tax and consequently, withholding tax on the said hazard pay.
(14) Compensation during the year not exceeding Two hundred fifty
thousand pesos (P250,000).
Computation:
Computation:
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the period of services for which a payment of compensation is ordinarily made to an
employee by his employer. It is immaterial that the compensation is not always paid
at regular intervals.
For the purpose of determining the tax, an employee can have but one payroll
period with respect to the compensation paid by any one employer. Thus, if an
employee is paid a regular compensation for the weekly payroll and in addition
thereto is paid supplemental compensation (for example taxable bonuses) determined
with respect to a different period, the payroll period is the weekly payroll period.
In general, the relationship of the employer and employee exists when the
person for whom services were performed has the right to control and direct the
individual who performs the services, not only as to the result to be accomplished by
the work but also as to the details and means by which the result is accomplished. An
employee is subject to the will and control of the employer not only as to what shall
be done, but how it shall be done. In this connection, it is not necessary that the
employer actually directs or controls the manner in which the services are performed.
It is sufficient that he has the right to do so.
The right to dismiss an employee is also an important factor indicating that the
person possessing that right is an employer. Other factors or characteristics of an
employer, which may not be necessarily present in every case, are furnishing the tools
and furnishing of a place to work, to the individual who performs the services. In
general, an individual is not considered an employee if he is subject to the control or
direction of another merely on to the result to be accomplished by the work, and not
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on to the means and methods for accomplishing the result.
(A) Person for whom the services are or were performed does not have
control. — The term "employer" also refers to the person having control of the
payment of the compensation in cases where the services are or were performed for a
person who does not exercise such control. For example, where compensation, such
as certain types of pensions or retirement pay, are paid by a trust and the person for
whom the services were performed has no control over the payment of such
compensation, the trust is deemed to be the "employer".
It is the responsibility of the employer to withhold, pay, or refund the tax and
furnish the statements required under these Regulations. The term "employer" as
defined in (A) and (B) above is intended to determine who is the withholding agent.
In any such case, each employer shall be liable for the return and payment of a
pro-rata portion of the tax so determined in accordance with the ratio of the amount
contributed by each employer relative to the aggregate of such compensation.
A fiduciary, agent, or other person acting for two or more employers may be
authorized to withhold the tax under these regulations with respect to the wages of the
employees of such employers. Such fiduciary, agent, or other person may also be
authorized to make and file returns of the tax withheld at source on such
compensation and to furnish the receipts required under these Regulations.
Application for the authorization to perform such act should be addressed to the
Commissioner or his duly authorized representative. If such authority is granted by
the Commissioner, all provisions of the law (including penalties) and regulations
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prescribed in pursuance of the law applicable in respect of an employer for whom
such fiduciary, agent or other person acts shall remain subject to all provisions of law
(including penalties) and regulations prescribed in pursuance of the law applicable in
respect of employers.
(d) Daily Tax Table — to be used by employers using the daily payroll
period.
i. Payroll period
(b) Columns 2 to 7 show the tax due for each of the compensation
range identified.
Computation:
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range under column 4 which shows a predetermined tax of P356.16
on P2,192 plus 30% of the excess of Compensation Range (Minimum)
amounting to P308 (P2,500.00 - P2,192.00), which is P92.40. As such,
the withholding tax to be withheld by the employer shall be P448.56.
Computation:
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Withholding tax shall be computed as follows:
Predetermined Tax on P7,692.00 P576.92
Add: Tax on the excess (P1,808.00 x 25%) 452.00
–––––––––
Total weekly withholding tax P1,028.92
========
Computation:
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amount of P5,000 for the month.
Computation:
Step 4. Multiply the tax computed in Step No. (3) by the number of
payroll period to which it relates;
EXAMPLE IV: The regular compensation is exempt from withholding tax but
supplementary compensation (commission) is paid during the calendar year.
Employee A, married, with three (3) qualified dependents (ME3), received the
following compensation beginning January, 2009.
Employee B, married with three (3) qualified dependents (M3) whose spouse
is also employed, received the following compensation beginning January, 2009.
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February P11,000.00 P11,500.00 P22,500.00
March P11,000.00 P12,000.00 P23,000.00
COMPUTATION:
1. For Jan. P22,000.00 + 0 = P22,000.00
For Feb. P22,000.00 + 22,500.00 = P44,500.00
For Mar. P22,000.00 + 22,500.00 + 23,000.00 = P67,500.00
2. For Jan. P22,000.00/1 = P22,000.00
For Feb. P44,500.00/2 = P22,250.00
For Mar. P67,500.00/3 = P22,500.00
3. For January
Tax on P16,250.00 (Line B.3, Col. 5) = P708.33
Tax on excess (P5,750.00 x 20%) = P1,150.00
–––––––––
Tax on P22,000.00 P1,858.33
========
For February
Tax on P22,083.00 (Line B.3, Col. 6) = P1,875.00
Tax on excess (P167 x 25%) = P41.75
–––––––––
Tax on P22,250.00 = P1,916.75
========
For March
Tax on P22,083.00 (Line B.3, Col. 6) = P1,875.00
Tax on excess (P417 x 25%) = P104.25
––––––––
Tax on P22,500.00 = P1,979.25
=======
4. For Jan. P1,858.33 x 1 = P1,858.33
For Feb. P1,916.75 x 2 = P3,833.50
For Mar. P1,979.25 x 3 = P5,937.75
5. For Jan. P1,858.33 – 0 = P1,858.33
For Feb. P3,833.50 – 1,858.33 = P1,975.17
For Mar. P5,937.75 – 3,833.50 = P2,104.25
EXAMPLE VI: A newly hired employee with previous employer within the
calendar year 2009.
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P13,000.00 or P13,000.00 x 6 months = P78,000 for 6 months. Per BIR Form No.
2316 (Certificate of Compensation Payment/Tax Withheld) issued by the previous
employer, which was presented by Employee C to her present employer, the total tax
withheld is P7,849.98. In computing for the tax withheld on the compensation of
Employee C starting the month of July 6, 2000, Z Company shall use the cumulative
average method.
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Tax On P10,000.00 = P708.33
Tax On Excess (P3,500.00 x 20%) 700.00
––––––––
Tax On P13,500.00 = P1,408.33
========
For Sept. P13,666.67
Tax On P10,000.00 = P708.33
Tax On Excess (P3,666.67 x 20%) 733.33
––––––––
Tax On P13,666.67 = P1,441.66
========
For October P13,800.00
Tax On P10,000.00 = P708.33
Tax On Excess (P3,800.00 x 20%) = 760.00
––––––––
Tax On P13,800.00 = P1,468.33
========
For November P13,909.09
Tax On P10,000.00 = P708.33
Tax On Excess (P3,909.09 x 20%) = 781.82
––––––––
Tax On P13,818.18 = P1,490.15
========
STEP 4 —
For July 6 P1,365.47 x 7 = P9,558.29
For August 1,408.33 x 8 = P11,266.64
For September 1,441.66 x 9 = P12,974.94
For October 1,468.33 x 10 = P14,683.30
For November 1,490.15 x 11 = P16,391.65
Step 5 —
For July 6 P9,558.29 - P7,849.98 = P1,708.31
For August 11,266.64 - P9,558.29 = P1,708.35
For September 12,974.94 - P11,266.64 = P1,708.30
For October 14,683.30 - P12,974.94 = P1,708.36
For November 16,391.65 - P14,683.30 = P1,708.35
Computation:
Using the Revised Withholding Tax Table in Annex "D", the taxes to
be withheld for each month following the step-by-step procedures
enumerated above:
3. For January:
Tax on P33,333 P2,500.00
Tax on excess (P35,000 - 33,333) x 25% 416.75
––––––––––
Tax on P35,000 P2,916.75
=========
For February:
Tax on P20,833 P0.00
Tax on excess (P32,500 - 20,833) x 20% 2,333.40
––––––––––
Tax on P32,500 P2,333.40
––––––––––
For March:
Tax on P33,333 P2,500.00
Tax on excess (P35,000 - 33,333) x 25% 416.75
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––––––––––
Tax on P35,000 P2,916.75
=========
Computation:
Using the Revised Withholding Tax Table in Annex "D", the taxes to
be withheld for each month following the step-by-step procedures
previously enumerated:
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For February 60,000.00 ÷ 2 = 30,000.00
For March 95,000.00 ÷ 3 = 31,666.67
3. For January:
Tax on P20,833 P0.00
Tax on excess (P30,000 - 20,833) x 20% 1,833.40
––––––––––
Tax on P30,000 P1,833.40
=========
For February:
Tax on P20,833 P0.00
Tax on excess (P30,000 - 20,833) x 20% 1,833.40
––––––––––
Tax on P30,000 P1,833.40
=========
For March:
Tax on P20,833 P0.00
Tax on excess (P31,666.67 - 20,833) x 20% 2,166.73
––––––––––
Tax on P31,666.67 P2,166.73
=========
Ms. Leni was hired by JPL Corporation on July 6, 2018. Her total
taxable income per month is P35,000. She was previously employed
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by ENA Company from January to June 30, 2018 with a monthly
taxable income of P30,000 or P180,000 for six (6) months. Per BIR
Form No. 2316 (Certificate of Compensation Payment/Tax Withheld)
issued by the previous employer, which was presented by Ms. Leni to
her present employer, the total tax withheld is P11,000.40. In
computing for the tax withheld on the compensation of Ms. Leni
starting the month of July 6, 2018, JPL Corporation shall use the
cumulative average method.
Computation:
Using the Revised Withholding Tax Table in Annex "D", the taxes to
be withheld for each month following the step-by-step procedures
previously enumerated:
3. For July 6:
Tax on P20,833 P0.00
Tax on Excess (P30,714.29 - 20,833) x 20% 1,976.25
––––––––––
Tax on P30,714.29 P1,976.25
=========
For August:
Tax on P20,833 P0.00
Tax on excess (P31,250 - 20,833) x 20% 2,083.40
––––––––––
Tax on P31,250 P2,083.40
=========
For September:
Tax on P20,833 P0.00
Tax on excess (P31,666.67 - 20,833) x 20% 2,166.73
––––––––––
Tax on P31,666.67 P2,166.73
=========
For October:
Tax on P20,833 P0.00
Tax on excess (P32,000 - 20,833) x 20% 2,233.40
––––––––––
Tax on P32,000 P2,233.40
=========
For November:
Tax on P20,833 P0.00
Tax on excess (P32,272.73 - 20,833) x 20% 2,287.95
––––––––––
Tax on P32,272.73 P2,287.95
=========
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4. For July 6 P1,976.25 x 7 = P13,833.75
For August 2,083.40 x 8 = 16,667.20
For September 2,166.73 x 9 = 19,500.57
For October 2,233.40 x 10 = 22,334.00
For November 2,287.95 x 11 = 25,167.45
Step 2. If the employee has previous employment/s within the year, add
the amount of taxable regular and supplementary compensation paid to the employee
by the present employer doing the annualized computation to the taxable
compensation income received from previous employer/s during the calendar year:
(a) For compensation income earned for taxable years 2018 to 2022:
(b) For compensation income earned for taxable year 2023 and onwards:
Step 4. *(5) Determine the deficiency or excess, if any, of the tax computed in
Step 3 over the cumulative withholding tax already deducted and withheld since the
beginning of the current calendar year. The deficiency withholding tax (when the
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amount of tax computed in Step 3 is greater than the amount of cumulative tax
already deducted and withheld or when no tax has been withheld from the beginning
of the calendar year) shall be withheld from the last payment of compensation for the
calendar year. If the deficiency withholding tax is more than the amount of the last
compensation to be paid to an employee, the employer shall be liable to pay the
amount of tax which cannot be withheld from the employee's last compensation for
the year. The obligation of the employee to the employer arising from the advances
made by the employer of the amount of the required tax is a matter of settlement
between the employee and employer.
The excess withholding tax (when the amount of cumulative tax already
deducted and withheld is greater than the tax computed in Step 3) shall be credited or
refunded to the employee not later than January 25 of the following year. However, in
case of termination of employment before December, the refund shall be given to the
employee at the payment of the last compensation during the year. In return, the
employer is entitled to deduct the amount refunded to the employee/s from the
remittable amount of taxes withheld from compensation income for the current month
in which the refund was made, and in the succeeding months thereafter until the
amount refunded by the employer is fully repaid.
The annualized computation done for each employee shall be reflected by the
employer at the alphabetical list attached to BIR Form No. 1604-CF.
Computation:
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Total Income Tax Due:
On P400,000.00 P30,000.00
Tax on Excess (P720,000.00 - P400,000.00) x 25% 80,000.00
–––––––––––
Total tax due P110,000.00
Less: Tax Withheld from January to May 134,164.50
–––––––––––
Amount to be refunded by the employer to Mr. Bembem (P24,164.50)
==========
Computation:
Tax Due:
On P800,000.00 P130,000.00
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On Excess (P1,515,000.00 - P800,000.00) x 30% 214,500.00
––––––––––––
Total tax due P344,500.00
Less: Tax withheld (P134,164.50 + P178,997.40) 313,161.90
––––––––––––
Amount to be deducted by EBQ Company from P31,338.10
Mr. Joey for December 2018
===========
Computation:
Tax Due:
On P400,000.00 P30,000.00
On excess (P610,000.00 - P400,000.00) x 52,500.00
25%
–––––––––––
Total Tax due 82,500.00
Less: Tax withheld (January-November) 73,334.25
–––––––––––
Amount to be withheld in December 2018 P9,165.75
==========
Computation:
Tax Due:
On P250,000.00 P0.00
On excess (P275,000.00 - P250,000.00) x 20% 5,000.00
–––––––––––
Total Tax due P5,000.00
Less: Tax withheld by previous employer 4,167.00
(January-May)
Tax withheld by present employer 4,167.00 8,334.00
(July-November)
––––––––– –––––––––––
Amount to be refunded to Mr. Gerry (P3,334.00)
==========
* The annualized computation done for each employee shall be reflected by the
employer at the alphabetical list of employees required to be attached to BIR
Form No. 1604C. The list shall be submitted in electronic form.
(2) Segregate the taxable from the non-taxable compensation (excluding the
fringe benefits) paid to the employee. The taxable income refers to all
remuneration paid to an employee not otherwise exempted by law from income tax
and consequently from withholding tax. The non-taxable income are those which are
specifically exempted from income tax by the Code or other special laws as listed in
Sec. 2.78.1 (B) hereof (e.g., benefits not exceeding P90,000, non-taxable retirement
benefits and separation pay);
(3) Segregate the taxable fringe benefit and subject the same to
withholding pursuant to Subsection D of this section of the Regulations;
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(D) Computation of Withholding Tax on Fringe Benefit. —
(1) Final withholding tax on Fringe Benefits paid to employees other than
rank and file. — There shall be imposed a final tax of thirty-five percent (35%) on
the grossed-up monetary value of fringe benefits granted or furnished by the
employer to his employees (except rank and file employees) unless the fringe benefit
is required by the nature of or necessary to the trade, business or profession of the
employer, and when the fringe benefit is for the convenience and advantage of the
employer.
The fringe benefit tax shall be paid by the employer in the same manner as
provided in Sec. 2.58 of these Regulations. It shall not form part of the gross income
of the employee.
(a) Fringe benefits paid to rank and file employees. — Fringe benefits
furnished or granted to rank and file employees shall form part of
the employees gross compensation income subject to the
withholding tax table on compensation under Section 2.79 (B) of
these Regulations.
(b) Fringe benefits which are authorized and exempted from income
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tax and consequently from withholding tax under the Code, as
amended, or under any special law.
The term "de minimis benefits" which is exempt from the fringe benefit tax
shall, in general, be limited to facilities or privileges (such as entertainment,
Christmas party and other cases similar thereto; medical and dental services; or the
so-called courtesy discount on purchases), furnished or offered by an employer to his
employees, provided such facilities or privileges are of relatively small value and are
offered or furnished by the employer merely as a means of promoting the health,
goodwill, contentment, or efficiency of his employees.
(H) Non-deductibility of Tax and Credit for Tax Withheld. — The tax
deducted and withheld at source on compensation income shall neither be allowed as
a deduction from the employer's gross income nor from the recipient's gross
compensation income. The entire amount of the compensation from which the tax is
withheld shall be included in gross income to be reported in the return required to be
made by the recipient of the income without deduction for such tax. The creditable
tax withheld at source, however, is allowable as a credit against the tax imposed by
the NIRC to the recipient of the income. Any excess of the tax withheld at source,
over the tax ascertained to be due on the income tax return shall be refunded or
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automatically credited, at the taxpayer's option, to the recipient of the income. Such
refund or credit shall be without prejudice to whatever adjustments may be proper
after field investigation or upon information relative to the taxpayer's income tax
liability under the main provisions of the Code, as amended. If the tax has actually
been withheld at source, a credit or a refund shall be made to the recipient of the
income even though such withheld tax has not been paid to the government by the
employer. For the purpose of the credit, the recipient of the income is the person
subject to tax, on whose compensation the tax was withheld. cdtai
Any excess of the tax which was withheld on compensation over the tax due
from the taxpayer shall be returned not later than July 15 of the following year.
Refunds made after such time shall earn interest at the rate of six percent (6%) per
annum, starting after the lapse of the three month period up to the date when the
refund is made.
(A) Employee. —
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(2) Required forms and attachments. —
The taxpayer shall file an application for registration (BIR Form 1902).
To establish identity and status, taxpayer is required to attach the following
documents, if applicable:
(B) Employer. — The employer with whom the Application for Registration
(BIR Form No. 1902) is filed, must indicate the date of receipt thereon and
accomplish Part IV of the said Application pertaining to Employer's Information
such as TIN, Employer's Registered Name, and other relevant information.
(C) Procedures for the filing of the Application for Registration (BIR Form
No. 1902) and/or Application for Registration Information Update (BIR Form No.
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1905). —
(2) The employer shall transmit all copies of the completely filled-out
Application for Registration Information Update (BIR Form No. 1905) to the
concerned office of the LTS/RR/RDO where the employer is registered, on or
before the last day of the month of receipt from the employee. The RDO or his
duly authorized representative, where the employer is registered, shall receive and
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stamp the three copies. The triplicate copy duly stamped received by the BIR shall be
given to the employee.
SECTION 2.79.2. Failure to file Application for Registration (BIR Form No.
1902) — Where an employee, in violation of these regulations either fails or
refuses to file an Application for Registration (BIR Form No. 1902) together with the
required attachments, the employer shall withhold the taxes prescribed under the
revised withholding tax table (Annex "D" or "E", whichever is applicable)
SECTION 2.79.4. Husband and Wife. —Where both husband and wife
are each recipients of compensation either from the same or different employers,
taxes shall be withheld separately in accordance with the applicable revised
withholding tax table (Annex "D" or "E").
(A) Employer. —
(1) In general, the employer shall be responsible for the withholding and
remittance of the correct amount of tax required by deducting and withholding from
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the compensation income of his employees. If the employer fails to withhold and
remit the correct amount of tax, such tax shall be collected from the employer
together with the penalties or additions to the tax otherwise applicable.
(2) The employer who is required to collect, account for and remit any tax
imposed by the NIRC, as amended, who willfully fails to collect such tax, or account
for and remit such tax or willfully assist in any manner to evade any payment thereof,
shall in addition to other penalties, provided for in the Code, as amended, be liable,
upon conviction, to a penalty equal to the amount of the tax not collected nor
accounted for or remitted. Cdpr
(a) Failure to file any return and pay the tax due thereon as required
under the provisions of the Code or these regulations on the date
prescribed; or
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(b) Unless otherwise authorized by the Commissioner, filing a return
with an internal revenue officer other than those with whom the
return is required to be files; or
(c) Failure to pay the deficiency tax within the time prescribed for its
payment in the notice of assessment; or
(d) Failure to pay the full or part of the amount of tax shown on any
return required to be filed under the provisions of the Code or
these regulations, or the full amount of tax due for which no return
is required to be filed, or before the date prescribed for its
payment; or
(e) In case of willful neglect to file the return within the period
prescribed by the Code or regulations, or in case a false or
fraudulent return is willfully made, the penalty to be imposed shall
be fifty percent (50%) of the deficiency tax, in case any payment
has been made on the basis of such return before the discovery of
the falsity or fraud.
(3) Deficiency Interest — Any deficiency in the tax due, as the term is
defined in this Code, shall be subject to the interest prescribed in Subsection (A)
hereof, which interest shall be assessed and collected from the date prescribed for its
payment until the full payment thereof, or upon issuance of a notice and demand
by the Commissioner of Internal Revenue, whichever comes earlier. Cdpr
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If the withholding agent is the government or any of its agencies, political
subdivisions, or instrumentalities or a government-owned or controlled corporation,
the employee thereof responsible for the withholding and remittance of tax shall be
personally liable for the surcharge and interest imposed herein.
(D) Failure to File Certain Information Returns (Sec. 250 of the Code). — In
the case of each failure to file an information return, statement or list, or keep any
record, or supply any information required by this Code or by the Commissioner on
the date prescribed therefor, unless it is shown that such failure is due to reasonable
cause and not to willful neglect, there shall, upon notice and demand by the
Commissioner, be paid by the person failing to file, keep or supply the same, one
thousand pesos (P1,000) for each such failure: Provided, however, That the aggregate
amount to be imposed for all such failures during a calendar year shall not exceed
twenty-five thousand pesos (P25,000).
(1) Failure to file return, supply correct and accurate information, pay tax,
withhold and remit tax and refund excess tax withheld on compensation (Sec. 255 of
the Code). — Any person required under the Code, as amended, or by regulations to
pay any tax, make a return, keep any record/s, or supply correct and accurate
information, who willfully fails to pay such tax, make such return, keep any record/s,
or supply correct and accurate information, or withhold or remit taxes withheld, or
refund excess taxes withheld on compensation, at the time or times required by law,
shall in addition to the other penalties provided by law, upon conviction thereof, be
fined not less than ten thousand pesos (P10,000) and imprisonment of not less than
one (1) year but not more than the (10) years.
(2) Declarations under penalties of perjury (Sec. 267 of the Code). — Any
declaration, return and other statements required under the Code, as amended, shall,
in lieu of an oath, contain a written statement that they are made under the penalties
of perjury. Any person who willfully files a declaration, return or statement
containing information which is not true and correct as to every material matter shall,
upon conviction, be subject to the penalties prescribed for perjury under the Revised
Penal Code.
(a) Those who fail or cause the failure to deduct and withhold any
internal revenue tax under any of the withholding tax laws and
implementing regulations;
(b) Those who fail or cause the failure to remit taxes deducted and
withheld within the time prescribed by law, and implementing
regulations; and
(c) Those who fail or cause the failure to file a return or statement
within the time prescribed, or render or furnish a false or
fraudulent return or statement required under the withholding tax
laws and regulations.
If the person required to withhold and pay the tax is a corporation, the return
shall be made in the name of the corporation and shall be signed and verified by the
president, vice-president, or authorized officers.
With respect to any tax required to be withheld by a fiduciary, the returns shall
be made in the name of the individual, estate, or trust for which such fiduciary acts,
and shall be signed and verified by such fiduciary. In the case of two or more joint
fiduciaries the return shall be signed and verified by one of such fiduciaries.
SECTION 2.82. Return and Payment in Case Where the Government is the
Employer. — If the Government of the Philippines, its political subdivision or
any agency or instrumentality, as well as government-owned or controlled
corporation is the employer, the returns of the tax may be made by the officer or
employee having control of payment of compensation or other officer or employee
appropriately designated for the purpose.
The employer shall prepare BIR Form No. 2316 in triplicate, which shall
be distributed as follows:
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(3) Triplicate — Employer's copy which shall be retained for a
period of ten (10) years.
d. Employer's TIN;
For employees not qualified for substituted filing of Income Tax Return,
two (original and duplicate) copies of the subject certificate shall be given to the
employee to serve as proof of compensation received and tax credit, and the
other copy shall be retained by the employer. This shall form part of the
employee's Income Tax Return to be filed on or before April 15 of the following
year.
The imposition of any of the penalties under the Tax Code, as amended,
and the compromise of the criminal penalty on such violations shall not in any
manner relieve the violating taxpayer from the obligation to submit the required
documents.
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SECTION 2.83.2. Annual Information Return of Income Taxes Withheld on
Compensation and Final Withholding Taxes (BIR Form No. 1604-CF). —
Every employer or other persons required to deduct and withhold the tax is required
to file with the Large Taxpayers Assistance Division (LTAD)/Large Taxpayers
District Office (LTDO)/RDO where the payor/employer is registered as
Withholding Agent on or before January 31 of the following year an Annual
Information Return of Income Taxes Withheld on Compensation and Final
Withholding Taxes (BIR Form No. 1604-CF), to be submitted with the alphabetical
list of employees/payees.
(3) (a) Taxable 13th month pay/other benefits for the rank and file
employees
(10) Tax withheld by all present employers for the calendar year; and
In cases where any withholding agent does not have its own internet
facility or unavailability of commercial establishments with internet connection
within the location of the withholding agent, the alphalist prescribed herein may
be electronically mailed (e-mail) thru the e-lounge facility of the nearest revenue
district office or revenue region of the BIR.
The following individuals, however, are not qualified for substituted filing and
therefore, still required to file Income Tax Return in accordance with existing
regulations:
In case of married individuals who are still required to file returns under
existing provisions of the law, i.e., in those instances not covered by the substituted
filing of returns, only one return for the taxable year shall be filed by either spouse to
cover the income of the spouses, which return shall be signed by the husband and
wife unless it is physically impossible to do so, in which case signature of one of the
spouses would suffice.
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Employees not qualified for substituted filing but are required to file the
Income Tax Return shall file the same not later than April 15 of the year immediately
following the taxable year. Provided, that employees with previous/successive
employer/s within the taxable year shall furnish their new employer with BIR Form
No. 2316 issued by the previous employer/s.
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expectation cease to exist, the statement must be furnished within thirty (30) days
from the date of termination of employment. The extension mentioned under this
Section refers to extension of time for furnishing the Certificate of Income Tax
Withheld on Compensation (Form No. 2316) upon termination of employment.
In general, value-added tax due on the sale of goods and services are not
subject to withholding since the tax is not determinable at the time of sale. However,
gross payments to non-residents by both government and private entities for
services rendered in the Philippines shall be subject to final withholding tax at
the rate of 10% to be filed and paid using BIR Form No. 1600 — Monthly
Remittance Return of Value-Added Tax and Other Percentage Taxes Withheld.
(A) Rates and basis of value-added tax to be withheld. — The gross payments
made by the government to sellers of goods and services shall be subject to
withholding tax at the rates herein prescribed:
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For lease or use of property or property rights
owned by non-residents in the Phils. (final)
10%
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BTR. Said certification is required to be attached to the VAT return in lieu of
BIR Form No. 2307 as proof of the creditable value-added tax withheld claimed
as deduction thereof.
(a) Fails or causes the failure to deduct and withhold any internal
revenue tax covered by these regulations;
(b) Fails or causes the failure to remit the taxes deducted and withheld
within the time prescribed therein;
(c) Fails or causes the failure to file the return or issue certificate
required.
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(1) Persons exempt from value-added tax (VAT). — On gross
payments to persons who are exempt under Sec. 109 (z) of
the Code from payment of value-added tax and who is not a VAT
registered person except payment to cooperatives — Three percent
(3%) Cdpr
(4) Franchises —
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Medium-term maturity (over 2 year but not exceeding 4
years)
3%
Long-term maturity
(b) On dividends 0%
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(a) Premiums refunded within six (6) months after payment on
account of rejection of risk or returned for other reasons to
the insured;
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where insurance has been so effected — Five percent (5%)
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Over 33 1/3% 1%
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revenue tax and to remit the same in accordance with these regulations shall, upon
conviction for each act or omission herein-below specified, be fined in a sum of not
less than five thousand pesos (P5,000.00) but not more than fifty thousand pesos
(P50,000.00) or imprisoned for a term of not less than six months and one day but not
more than two years, or both.
(a) Fails or causes the failure to deduct and withhold any internal
revenue tax covered by these regulations;
(b) Fails or causes the failure to remit the taxes deducted and withheld
within the time prescribed therein;
(c) Fails or causes the failure to file the return or issue certificate
required.
On the other hand, if the payee has more than one payor, the percentage
tax withheld and remitted by the payor under BIR Form No. 1600 shall be
treated as creditable tax by the payee when he files the monthly percentage tax
return under BIR Form No. 2551M. The claimed tax credit shall be evidenced by
BIR Form No. 2307 (Certificate of Creditable Tax Withheld at Source-March
2003 version) duly executed and signed by both the payor and the payee attesting
to the correctness of the figures reflected therein. Since the percentage tax has
already been withheld at source based on gross amount and remitted by the
payors under BIR Form No. 1600, the Percentage Tax Return (BIR Form No.
2551M) to be filed by the payee which will not be reflecting any amount payable,
shall just serve as a return consolidating all the transactions with all the payors
which have already been subjected to withholding tax and which return (BIR
Form No. 2551M) shall be filed directly with the appropriate BIR office without
the need of passing through an Accredited Agent Bank (AAB) or Revenue
Collection Officer (RCO). Nonetheless, in case the total amount of tax withheld
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by the payors who are engaged in business is incorrect or the payee has
transactions with payors who are not engaged in business and therefore not
obliged to withhold, the percentage tax return (BIR Form No. 2551M) of the
payee which will be reflecting an amount payable shall be filed with the AAB or
the RCO, in the absence of an AAB, of the Revenue District Office that has
jurisdiction over the taxpayer-payee.
Provided, further that, if at any time of the year, the accumulated gross
sales or gross receipts exceed P550,000, the income recipient-payee shall change
its/his registration with the BIR from Non-VAT to VAT within one month from
the close of the month when the threshold amount was reached. Such payee shall
become VAT-registered taxpayer starting the first day of the month following
the month of his VAT registration. Accordingly, notification to the payors of
income shall be made with respect to such change in "taxpayer classification" of
the payee. Change in the tax type and rate of withholding shall correspondingly
be made by the income payor.
(E) Regular Percentage Tax Return. — Payees with several payors are
still required to file the regular percentage tax return reflecting therein the
consolidated total of all the taxable transactions for the taxable period and
applying as tax credit the taxes withheld by several payors evidenced by the duly
issued BIR Form No. 2307 which must be attached to the Percentage Tax Return
(BIR Form No. 2551M). If all the transactions reflected/consolidated in the
Percentage Tax Return (BIR Form No. 2551M) are with several payors who are
engaged in business and therefore have been subjected to the 3% withholding
tax, the Percentage Tax Return will no longer reflect any tax payable but will
just be a simple consolidation of all the taxable transactions for a given taxable
period which may be filed directly with the appropriate BIR office and thus need
not pass through any AAB or collecting RCO. Nonetheless, in case the total
amount of tax withheld by the payors who are engaged in business is incorrect or
the payee has transactions with payors who are not engaged in business and
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therefore not obliged to withhold the tax, the percentage tax return (BIR Form
No. 2551M) of the payee which will be reflecting an amount payable shall be
filed with the AAB or the RCO, in the absence of an AAB, of the Revenue
District Office that has jurisdiction over the taxpayer-payee.
(G) The Option to Remit the Tax under the Withholding Tax System and
the Option to Avail of the Substituted Filing of the Percentage Tax Return. — The
option to remit the Percentage Tax under the withholding system once chosen
remains as the manner of remitting the tax unless said option is cancelled by the
payee (Annex F). Meanwhile, the option to file under the Substituted Filing of
the Percentage Tax Return allowed to a payee with just one payor in a given
taxable year shall continue to apply to subsequent taxable years until such time
that the taxpayer-payee files the "Notice of Cancellation of Availment of the
Substituted Filing of Return" (Annex D) not later than the 10th day of the month
following the close of taxpayer's taxable year which shall automatically revert
said taxpayer to the status of taxpayers filing the returns under the regular filing
procedures. If within the taxable year, an additional client or customer comes in,
the taxpayer-payee shall immediately file the 'Notice of Cancellation of
Availment of the Substituted Filing of Returns'.
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(A) Persons Required to Withhold the Value-Added Tax. — In general, any
person, natural or juridical, with respect to his/its purchase of goods or
payments for purchase of services not arising from or incident to an
employer-employee relationship but made in the course of trade or business
(including exercise of profession or calling), from VAT registered persons
subject to value-added tax under Sections 106 and 108 of the Code, shall be
subject to VAT withholding at source at the rate of ten percent (10%), based on
the payee's gross sales/receipts, pursuant to Sections 106 and 108 in relation to
Section 245(g), (i) and (j) of the Code, provided that the payee has executed the
"Waiver of the Privilege to Claim Input Tax Credits" (Annex C) and opted to
remit the VAT through the withholding and remittance of the same by the
withholding agent-payor by likewise executing the "Notice of Availment of the
Option to Pay the Tax through the Withholding Process" (Annex E), which
waiver and notice are copy-furnished the payor-withholding agent and the RDOs
of both the payors and the payee.
The VAT withheld shall be remitted by the withholding agent using BIR
Form 1600 (Monthly Remittance Return of Value-added Tax and Other
Percentage Taxes Withheld) to the appropriate collection agents [Accredited
Agent Bank (AAB) or Revenue Collection Officer (RCO), whichever is
applicable] of the Bureau of Internal Revenue (BIR). Such return serves as the
withholding tax return of the payor-withholding agent and at the same time,
likewise, serves as the substituted VAT return of the payee if the said income
recipient-payee has only one payor from whom he generates his income and
provided, further, that a "Notice of Availment of the Substituted Filing of VAT
Return" (Annex "B") is filed with the RDO where the income-recipient is
registered or required to register (Home RDO). Such Notice of Availment shall
state that the income recipient is a VAT-registered taxpayer with gross sales (for
sale of goods) or gross receipts (for sale of service) for the whole year coming
from just one payor and that he is opting to file under the substituted filing of
VAT return having waived the privilege to claim VAT input credits. Copy of the
said Notice must be furnished the lone payor of the income and the RDOs of
both the payors and the payee. Upon receipt of the said Notice, the payor is
mandatorily required to withhold the 10% VAT on the income payment to the
payee and shall remit the same to the appropriate collection agents (AAB or
RCO, whichever is applicable) of the BIR. Moreover, BIR Form No. 2306
(Certificate of Final Tax Withheld at Source-March 2003 version) duly signed by
both the payor and the payee attesting to the accuracy of the figures stated
therein shall be attached to BIR Form No. 1600 filed with the BIR and shall
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constitute as the authority given by the payee to the payor to file and consider
the payor's duly filed BIR Form 1600 as the substituted VAT return of the
payee. The duly filed and stamped "Received" BIR Form 2306 shall serve the
same purpose as the VAT return (BIR Form 2550Q) of the payee. Moreover,
taxpayer availing of the Substituted Filing of VAT Return shall update his
registration data with his Home RDO.
On the other hand, even if the payee has more than one payor but has
executed the "Waiver of the Privilege to Claim VAT Input Tax Credits" (Annex
C), and the "Notice of Availment of the Option to Pay the Tax through the
Withholding Process" (Annex E), copy-furnished the payors, the RDOs of both
the payors and the payee, said payors are mandatorily required to withhold the
10% VAT which value-added tax shall be withheld and remitted by the payor
using BIR Form No. 1600. Under this instance, the VAT withheld shall be
treated as creditable tax by the payee when he files the quarterly value-added
tax return under BIR Form No. 2550Q. The claimed tax credit shall be
evidenced by BIR Form No. 2307 (Certificate of Creditable Tax Withheld at
Source-March 2003 version) duly executed and signed by both the payor and the
payee attesting to the correctness of the figures reflected therein. Since the
value-added tax has already been withheld at source based on gross amount in
pursuance of the waiver of the right to claim input VAT (Annex C) executed by
the payee and remitted by the payors under BIR Form No. 1600, the
Value-added Tax Return (BIR Form No. 2550Q) to be filed by the payee which
will not be reflecting any amount payable shall just serve as a return
consolidating all the transactions with all the payors which have already been
subjected to withholding tax and which return shall be filed directly with the
appropriate BIR office without the need of passing through an Accredited Agent
Bank (AAB) or Revenue Collection Officer (RCO). Considering that under an
instance where all the payors who are engaged in business have already withheld
and remitted the 10% VAT as withholding agents of the payee the latter will no
longer be remitting any single amount of tax, the requirement of filing the
monthly VAT Declaration (BIR Form No. 2550M) by the payee shall be
dispensed with. Nonetheless, in case the total amount of tax withheld by the
payors who are engaged in business is incorrect or the payee has transactions
with payors who are not engaged in business and therefore not obliged to
withhold the tax, the monthly VAT Declaration (BIR Form No. 2550M) and the
quarterly VAT Return (BIR Form No. 2550Q) of the payee which will be
reflecting an amount payable shall still be filed with the AAB or the RCO, in the
absence of an AAB, of the Revenue District Office that has jurisdiction over the
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taxpayer-payee.
(E) Regular Value-added Tax Return. — Payees with several payors are
still required to file the regular value-added tax return reflecting therein the
consolidated total of all the taxable transactions for the taxable period and
applying as tax credit the taxes withheld by several payors evidenced by the duly
issued BIR Form No. 2307 which must be attached to the Value-added Tax
Return (BIR Form No. 2550Q). If all the transactions are with several payors
who are engaged in business and therefore have been subjected to the 10%
withholding tax, the Value-added Tax Return will no longer reflect any tax
payable but will just be a simple consolidation of all the taxable transactions for
a given taxable period which may be filed directly with the appropriate BIR
office and thus need not pass through any AAB or collecting RCO.
In case of a payee whose all transactions are with payors who are engaged
in business and who have subjected the transactions to the withholding of the
10% VAT, the payee is no longer required to file the monthly VAT Declaration
(BIR Form No. 2550M).
Nonetheless, in case the total amount of tax withheld by the payors who
are engaged in business is incorrect or the payee has transactions with payors
who are not engaged in business and therefore not obliged to withhold the tax,
the Monthly Value-added Tax Declaration (BIR Form No. 2550M) and the
Quarterly Value-added Tax Return (BIR Form No. 2550Q) of the payee which
will be reflecting an amount payable shall be filed with the AAB or the RCO, in
the absence of an AAB, of the Revenue District Office that has jurisdiction over
the taxpayer-payee.
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(F) Substituted Official Receipt. — For sellers of services whose gross
receipts have been subjected to 10% final VAT, they shall be exempted from the
obligation of issuing duly registered VAT official receipts covering their receipt
of payments for services sold. In lieu thereof, the issued "Certificate of Final Tax
Withheld at Source" (BIR Form No. 2306), for payee with one payor, or the
"Certificate of Creditable Tax Withheld at Source" (BIR Form No. 2307), for
payee with several payors, shall be constituted and treated as the substituted
official receipt, pursuant to the provisions of Section 237 of the Code, the
pertinent portion of which provides:
(G) The Option to Remit the Tax under the Withholding Tax System and
the Option to Avail of the Substituted Filing of the VAT Return. — The option to
remit the VAT under the withholding system once chosen remains as the manner
of remitting the tax unless said option is cancelled by the payee (Annex F).
Meanwhile, the option to file under the Substituted Filing of the VAT Return
allowed to payee with just one payor in a given taxable year shall continue to
apply to subsequent taxable years until such time that the taxpayer-payee files
the "Notice of Cancellation of Availment of the Substituted Filing of Return"
(Annex D) not later than the 10th day of the month following the close of
taxpayer's taxable year which shall automatically revert said taxpayer to the
status of taxpayers filing the returns under the regular filing procedures. If
within the taxable year, an additional client or customer comes in, the
taxpayer-payee shall immediately file the 'Notice of Cancellation of Availment of
the Substituted filing of Returns'.
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(SGD.) MILWIDA M. GUEVARA
Acting Secretary of Finance
Recommending Approval:
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Endnotes
1 (Popup - Popup)
* Formerly under letter (G)
2 (Popup - Popup)
* Formerly under letter (O)
3 (Popup - Popup)
* Formerly under letter (D)
4 (Popup - Popup)
* Formerly under letter (F)
5 (Popup - Popup)
* Formerly Step 6.
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