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Who Shall File
This return shall
be filed in triplicate by the following:
1)Persons
whose gross annual sales and/or receipts do not exceed P550,000 and who
are not VAT-registered persons.
2) Domestics carriers and keepers of garages, except owners of bancas
and owners of animal-drawn two wheeled vehicle.
3)
Operators of international air and shipping carriers doing business
in the Phillipines.
4)
Franchise grantees of electric, gas or water utilities.
5)
Franchise grantees of radio and/or television broadcasting companies
whose gross annual receipts of the preceding year do not exceed Ten
Million Pesos (P10,000,000.00) and did not opt to register as VAT taxpayers.
6)
Franchise grantees sending overseas dispatch, messages or conversations
from the Philippines, except on services involving the following:
a) Government of the Philippines -
for messages transmitted by the Government of the Republic of the
Philippines or any of its political subdivisions and instrumentalities;
b) Diplomatic services - for messages
transmitted by any embassy and consular offices of a foreign
government;
c) International organizations - for
messages transmitted by a public international organization or any
of its agencies based in thePhilippines enjoying privileges and immunities
pursuant to an international agreement; and
d) News Services - for messages from
any newspaper, press association, radio or television newspaper,
broadcasting agency, or newsticker services to any other newspaper,
press association, radio or television newspaper, broadcasting agency,
or to bonafide correspondents, which messages deal exclusively with
the collection of news items for, or the dissemination of news items
through, public press, radio or television broadcasting or a newsticker
service furnishing a general news service similar to that of the public
press.
7) Banks, non-bank financial intermediaries and finance companies.
8)
Life insurance companies.
9)
Agents of foreign insurance companies.
10)
Proprietors, lesses or operators of cockpits, cabarets, night or day
clubs, boxing exhibitions, professional basketball games, jai-alai and
racetracks.
Provided that cooperatives shall
be exempt from the three percent(3%) gross receipts tax.
When
and Where to File
The return shall be filed on or before
the 25th day of the month following the close of the quarter, except
in the case of amusement taxes and tax on overseas dispatch, message
or conversation transmitted from the Philippines where the return shall
be filed within twenty (20) days after the end of each quarter. Any
person retiring from a business subject to percentage taxes shall notify
the nearest Revenue District Office, file his return and pay the tax
due thereon within twenty (20) days after closing his business.
The return shall be filed with any Authorized Agent Bank (AAB) within
the territorial jurisdiction of the Revenue District office where the
taxpayer is required to register/conducting business. In places where
there are no AABs, the return shall be filed with the Revenue Collection
Officer or duly Authorized City or Municipal Treasurer within the Revenue
District Office where the taxpayer is required to register/ conducting
business.
A taxpayer may, at his option, file
a separate return for the head office and for each branch or place of
business or a consolidated return for the head office and all the branches
except in the case of large taxpayers where only one consolidated return
is required.
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When
and Where to Pay
Upon filing this return, the total amount payable shall be paid to the
Authorized Agent Bank (AAB) where the return is filed. In place where
there are no AABs, payment shall be made directly to the Revenue Collection
Officer or duly Authorized City or Municipal Treasurer who shall issue
a Revenue Official Receipt (BIR Form NO. 2524) therefor.
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 serve
as the receipt of payment. The machine validation shall reflect the
date of payment, amount paid and transaction code, and the stamped mark
shall show the name of the ban, branch code, teller's code and teller's
initial. The AAB shall also issue an official receipt or bank debit
advice or credit document, which ever is applicable, as additional proof
of payment.
Basic
of Tax
The tax is based on gross receipts except
on insurance companies where the basis of tax is the total premium collected.
"Gross receipts" means
all amounts received by the prime or principal contractor, undiminished
by any amount paid to any subcontrator under a subcontract arrangement.
For
the purpose of the amusement tax, the term " gross receipts" embraces
all the receipts of the proprietor, lessee or operator of the amusement
place. Said gross receipts also include income from television, radio
and motion picture rights, if any.
Penalties
There
shall be imposed and collected as part of the tax:
1. A surcharge of
twenty 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 amount 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. Comprise penalty.
Attachments
Required
1. Certificate of Creditable Tax Withheld
at Source, if applicable;
2. Duly approved Tax Debit Memo, if applicable;
3. Copy of Certificate of Registration issued by Cooperative Development
Authority for cooperatives and from the National Electrification Administration
for electric cooperatives;
4. For amended return, proof of the payment and the return previously
filed.
Note:
All background information must be properly filled up.
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Box
No. 1, 2 and 3 of this form refer to the transaction perod and
not the date of filing this return.
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The
last 3 digits of the 12-digit TIN refers to the branch code.
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TIN = Taxpayer
Identification Number
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