BIR Form No. 2000 Documentary Stamp Tax Declaration/Return
Guidelines and Instructions

 

Who Shall File

This return shall be filed in triplicate by the following:

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

2.            by a metering machine user who imprints the documentary stamp tax due on the taxable document; and

3.            by a revenue collection agent for remittance of sold    loose documentary stamps.

When one party to the taxable document enjoys exemption from the tax herein imposed, the other party thereto who is not exempt shall be the one directly liable for the tax.

 

When and Where to File and Remit

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

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

When and Where to Pay

Upon filing the return, the total amount payable shall be paid to the AAB where the return is filed. In places where there are no AABs, the tax shall be paid with the Revenue Collection Officer or duly Authorized City or Municipal Treasurer who will issue a Revenue Official Receipt (BIR Form No. 2524) therefore.

Where the return is filed with an AAB, the lower portion of the return must be properly machine-validated and stamped by the Authorized Agent Bank to server as the receipt of payment. The machine validation shall reflect the date of payment, amount paid and transaction code, and the stamp mark shall show the name of the bank, branch code, teller’s name and teller’s initial. The AAB shall also issue an official receipt or bank debit advice or credit document, whichever is applicable, as additional proof of payment.

Effect of Failure to Stamp Taxable Document

An instrument, document or paper which is required by law to be stamped and which has been signed, issued, accepted or transferred without being duly stamped, shall not be recorded, nor shall it or any cop thereof or any record of transfer of the same be admitted or used in evidence in any court until the requisite stamp or stamps shall have been affixed thereto and cancelled.

No notary public or other officer authorized to administer oaths shall add his jurat or acknowledgement to any document subject to documentary stamp tax unless the proper documentary stamps are affixed thereto and cancelled.

Penalties

There shall be imposed and collected as part of the tax:

1. A surcharge of twenty five percent (25%) for each of the following violations:

a. Failure to file any return and pay the amount of tax or installment due on or before the due date;

 

 

 

 

b. Unless otherwise authorized by the Commissioner, filing a return with a person or office other than those with whom it is required to be filed;

c. Failure to pay the full or part of the amount of tax shown on the return, or the full amont of tax due for which no return is required to be filed on or before the due date;

d. Failure to pay the deficiency tax within the time prescribed for its payment in the notice of assessment.

2. A surcharge of fifty percent (50%) of the tax or 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, for each of the following violations:

 

a. Willful neglect to file the return within the period prescribed by the Code or by rules and regulations; or

b. In case a false or fraudulent return is willfully made.

3. Interest at the rate of twenty percent (20%) per annum, or such higher rate as may be prescribed by rules and regulations, on any unpaid amount of tax, from the date prescribed for the payment until the amount is fully paid.

4. Compromise penalty.

Attachments

1.            In case of constructive affixture of documentary stamps, photocopy of the document to which the documentary stamp shall be affixed;

2.            For metering machine user, a schedule of the details of usage or consumption of documentary stamps;

3.            Duly approved Tax Debit Memo, if applicable;

4.            Proof of exemptionunder special laws, if applicable.

Note: All background information must be properly filled up.

§             All returns filed by an accredited tax representative on behalf of a taxpayer shall bear the following information as required in Revenue Regulation No. 15-99:

A.      For CPAs and others (individual practitioners and members of GPPs);

Taxpayer Identification Number (TIN); and

Certificate of Accreditation Number, Date of Issuance, and Date of Expiry

B.      For members of the Philippine Bar (individual practitioners, members of GPPs:

Taxpayer Identification Number (TIN); and

Attorney’s Roll Number or Accreditation Number, if any

§             In case of constructive affixture of documentary stamps, one Form 2000 should be filed fore every taxable document/transaction. Constructive affixture means filing a tax return and paying the tax in accordance with the law

§             The ATC on the face of the return shall be taken from the ATC Table at the back.

§             The amount purchased documentary stamps for loading in a metering machine cannot exceed the total consumption of documentary stamp since the last purchased date.

§             TIN = Taxpayer Identification Number

§             RCO = Revenue Collection Officer (Collection Agent)