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PERCENTAGE TAX.

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Presentation on theme: "PERCENTAGE TAX."— Presentation transcript:

1 PERCENTAGE TAX

2 PERCENTAGE TAXES NIRC/Ref. Taxable Taxable Base Tax rate Sec. 116
VAT-exempt persons under Sec. 109 (V) and did not opt to register as VAT taxpayers Cooperatives are exempt Annual Gross Sales/ Receipts Not Exceeding P1,919,500.00 3%

3 Percentage taxes Sec. 117 Domestic carriers Car driven by lessee
NIRC/Ref. Taxable Taxable base Tax rate Sec. 117 Domestic carriers Car driven by lessee Transportation contractors/ who transport passengers by land Keepers of garage Except: Bancas Animal-drawn two wheeled vehicles Gross receipts 3%

4 Updated Minimum Gross Monthly Receipts
DOMESTIC CARRIERS Sec. 117/RR Year 2006 Updated Minimum Gross Monthly Receipts Jeepney for hire – Manila and other cities Provincial P21,900.00 10,967.00 Public Utility Bus – Not exceeding 30 passengers Exceeding 30 passengers but not exceeding 50 passengers Exceeding 50 passengers P32,867.88 54,733.00 65,700.00

5 Updated Minimum Gross Monthly Receipts
DOMESTIC CARRIERS Sec. 117/RR Year 2006 Updated Minimum Gross Monthly Receipts Taxis- 1. Manila and other Cities 2. Provincial P32,867.00 21,900.00 Car for hire (with chauffeur) P27,367.00 Car for hire (without chauffeur) P16,434.00

6 Transport of Passenger
Common Carrier -Land Transport of Passenger Subject to Common Carrier’s tax Transport of Cargoes Subject to VAT

7 What is a common carrier?
"any person, corporation, firm or association engaged in the business of carrying or transporting passengers or goods or both, by land, water, or air, for compensation, offering their services to the public." Exemption from CCT, owners of bancas and owners of animal drawn two wheeled vehicles (calesa)

8 Percentage taxes Sec. 118 International air/ shipping carriers
NIRC/Ref. Taxable Taxable base Tax rate Sec. 118 International air/ shipping carriers Gross receipts 3%

9 Domestic Carriers - Air & Sea
FLIGHTS VAT (12%) INTERNATIONAL FLIGHTS ORIGINATING FROM PHILS. ZERO RATED (0%)

10 International Carriers- Air & Sea
INTERNATIONAL FLIGHTS ORIGINATING FROM PHILS. 3% International carriers tax(no qualification whether on-line or off-line carrier) Outbound from Philippines= Consumed within the country % considered as export of services RMC Foreign Country to Phil= exempted Incidentally, in computation of income tax classification whether on-line or off-line is considered.

11 Percentage taxes NIRC/Ref Taxable Tax rate Sec. 119
Taxable base Tax rate Sec. 119 Tax on franchises Radio/TV (with the option to register as VAT) Not exceeding P10M Annual Receipts 3% Gas and water utilities Gross Receipts 2% Sec. 120 Tax on Overseas Dispatch, Message or Conversation Phil. Origin Amount Paid 10%

12 Overseas Communication Tax
Composition of total billings = ( IDD charge + 10% OCT) Exemptions: Government Diplomatic Services International Organizations News Services

13 Percentage taxes Sec. 121 R.A. 9238 RR 9-2004 R.A. No. 9337
Section/Ref. Taxable Taxable base Tax rate Sec. 121 R.A. 9238 RR R.A. No. 9337 Banks and non-bank financial intermediaries performing quasi banking functions Interest, commissions and discounts from lending activities as well as income from financial leasing, on the basis of remaining maturities of instruments 5 yrs. or less More than 5yrs. Dividends and equity shares in the net income of subsidiaries 5% 1% 0%

14 PERCENTAGE TAXES R.A. No. 9337 R.A. No.9337 c. Royalties, rental of
Section/Ref. Taxable Taxable base Tax rate R.A. No. 9337 R.A. No.9337 c. Royalties, rental of property, real or personal, profit from exchange and all other items gross income d. On net trading gains within the taxable year on foreign currency, debt securities, derivatives and other similar instruments 7%

15 % taxes Taxable Tax rate Sec. 122 R.A. 9238 RR 9-2004 RR16-2005
Section /Ref. Taxable Taxable base Tax rate Sec. 122 R.A. 9238 RR RR Other non-bank financial intermediaries(non-bank financial intermediary not performing quasi banking functions) including pawnshops and moneychangers doing business in the Phils. Pawnshops are classified as Other Non-bank Financial Intermediaries under RR Interest, commissions, discounts and all other items of gross income Interest, commissions and discounts from lending activities as well as income from financial leasing, on the basis of remaining maturities of the instruments from which such receipts are derived: 5%

16 percentage taxes Taxable Tax rate Maturity of 5yrs. or less
Section /Ref. Taxable Taxable base Tax rate Maturity of 5yrs. or less More than 5 yrs. 5% 1%

17 Financial Institutions
Banks Non-bank Financial Intermediaries Performing quasi-banking function Not performing quasi-banking function (INCLUDES FINANCING COMPANIES) 5% 1% 7% Banks (Universal, Commercial, Thrift < savings & mortgage banks, stocks savings and loan associations, private development bank>, coop banks, islamic banks and any other classification as determined by the monetary board of the BSP At first, Pawnshops were VATABLE Pawnshops are considered as non-bank financial intermediaries pursuant to RR (June 21, 2004) ., by virtue thereof, the CIR thus classified the services rendered by pawnshops as those being performed by non-bank financial intermediaries, hence subject to GRT. As reiterated by RR dated October 14, 2004. One of the interesting features of the RR is the definition of "stock classified as capital assets." Under this RR, "stock classified as capital assets" has been defined to refer to all stocks and securities held by taxpayers other than dealers in securities. Accordingly, stock and securities owned by banks shall be considered as stock classified as capital assets, because banks are not considered dealers in securities. Principle of steyriy d∂saysis (to abide by or adhere to decided cases) RMC in the case Commissioner of Internal Revenue vs. Michel J. Lhuillier Pawnshop, Inc. (G.R. No ), declared Revenue Memorandum Order No and Revenue Memorandum Circular No , describing the pawnshop business as akin to the lending investor’s business and therefore subject to the 5% lending investor’s tax, null and void As a result thereof, the Supreme Court then decided that pawnshops are not subject to 5% lending investor’s tax under then Section 116 of the National Internal Revenue Code (NIRC) of 1977, as amended by The law is clear that VAT is a tax on transactions imposed at every stage of the distribution process on sale, barter, or exchange of goods or property, and on the performance of services. The Tax Code defines “sale of services” as the performance of all kinds of services for others for a fee, remuneration or consideration. A pawnshop, on the other hand, refers to a person or entity engaged in the business of lending money on personal property delivered as security for loans, as defined in the Pawnshop Regulations Act. As long as the entity provides a service for a fee, remuneration or consideration, the service rendered is subject to VAT. The personal properties delivered by clients as security for the loans are in the form of remuneration or consideration because without such personal properties, the pawnshop will not extend any loan to the borrower. The phrase “all kinds of services” is broad enough to cover lending money in consideration of personal property delivered as security, a service provided by pawnshops to their borrowers. (Cebu Mabuhay Pawnshop, Inc. v. Commissioner of Internal Revenue, CTA EB No. 20/CTA Case No 6266, February 22, 2005) Executive Order No. 273. 5%, 1%, 7% 5%, 1%

18 Percentage taxes Sec. 123 Tax on Life Insurance Premiums Total Premium
Section /Ref. Taxable Taxable base Tax rate Sec. 123 Tax on Life Insurance Premiums Total Premium 2% (RMC ) Sec. 124 Tax on agents of Foreign Insurance Companies not authorized in the Phils. 10% Tax on agents of Foreign Insurance Companies authorized in the Phils. 5% Sec. 125 Amusement Taxes on Cockpits Gross Receipts 18%

19 percentage taxes Taxable Tax rate Sec. 125 RMC 18-2010
Section /Ref. Taxable Taxable base Tax rate Sec. 125 RMC Cabarets, Nights or Day Clubs Karaoke bars, karaoke televisions, karaoke boxes & videoke bars Gross Receipts Gross Receipts 18% Boxing Exhibitions 10% Professional basketball games Gross receipts 15% Jai-Alai and racetracks 30%

20 % TAXES Sec. 126 Tax on Winnings Every Person Who wins
Section /Ref. Taxable Taxable base Tax rate Sec. 126 Tax on Winnings Every Person Who wins Winnings or dividends based on the actual amount paid for every winning ticket after deducting the cost of ticket Winnings from double forecast/quinella/ trifecta/other winnings 10% 4% Owners of winning horses Prize

21 PERCENTAGE TAXES Section /Ref. Taxable Taxable base Tax rate Sec. 127 Tax on Barter or Exchange of Shares of Stock listed and traded through the local stock exchange Gross selling price (GSP) ½ of 1% Through Initial and secondary public offering-proportion of shares of stocks dispose to total outstanding shares up to 25% Over 25% but not over 33 1/3% Over 33 1/3% GSP 4% 2% 1%

22 Tax Forms and Deadlines - manual
Form 2551M Deadline- 20th day after end of the month Form 2551Q Deadline – 20th day after end of each quarter for for Sec. 125 – Amusement Taxes

23 Tax Forms and Deadlines - EFPS
Form 2551M Group A - 25 days ff. the end of the month Group B - 24 days -do- Group C - 23 days -do- Group D - 22 days -do- Group E - 21 days -do- Form 2551Q Deadline – 20th day after end of each quarter for for Sec. 125 – Amusement Taxes

24 The end


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