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Bureau of
Internal Revenue |
(National Internal Revenue Code)
Chapter
VIII |
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SEC. 51. Individual Return. -
(A) Requirements. -
(b) Every Filipino citizen residing outside the Philippines, on his income from sources within the Philippines;
(c) Every alien residing in the Philippines, on income derived from sources within the Philippines; and
(d) Every nonresident
alien engaged in trade or business or in the exercise of profession
in the Philippines.
(b) An individual with respect to pure compensation income, as defined in Section 32 (A)(1), derived from sources within the Philippines, the income tax on which has been correctly withheld under the provisions of Section 79 of this Code: Provided, That an individual deriving compensation concurrently from two or more employers at any time during the taxable year shall file an income tax return: Provided, further, That an individual whose compensation income derived from sources within the Philippines exceeds Sixty thousand pesos (P60,000) shall also file an income tax return;
(c) An individual whose sole income has been subjected to final withholding tax pursuant to Section 57(A) of this Code; and
(d) An individual who is exempt from income tax pursuant to the provisions of this Code and other laws, general or special.
(4) The income tax return shall be filed in duplicate by the following persons:
(d) A nonresident alien engaged in trade or business in the Philippines - on his income derived from sources within the Philippines.
(C) When to File. -
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(1) The return of any individual
specified above shall be filed on or before the fifteenth (15th) day of
April of each year covering income for the preceding taxable year.
(2) Individuals subject to tax on capital gains;
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(a) From the sale or exchange
of shares of stock not traded thru a local stock exchange as prescribed
under Section 24(c) shall file a return within thirty (30) days after
each transaction and a final consolidated return on or before April
15 of each year covering all stock transactions of the preceding taxable
year; and
(b) From the sale or disposition
of real property under Section 24(D) shall file a return within thirty
(30) days following each sale or other disposition.
(E) Return of Parent to Include Income of Children. - The income of unmarried minors derived from properly received from a living parent shall be included in the return of the parent, except (1) when the donor's tax has been paid on such property, or (2) when the transfer of such property is exempt from donor's tax.
(F) Persons Under Disability.
- If the taxpayer is unable to make his own return, the return may be
made by his duly authorized agent or representative or by the guardian
or other person charged with the care of his person or property, the principal
and his representative or guardian assuming the responsibility of making
the return and incurring penalties provided for erroneous, false or fraudulent
returns.
(G) Signature Presumed
Correct. - The fact that an individual's name is signed to a filed
return shall be prima facie evidence for all purposes that the return
was actually signed by him.
SEC. 52. Corporation Returns. -
(A) Requirements. - Every corporation subject to the tax herein imposed, except foreign corporations not engaged in trade or business in the Philippines, shall render, in duplicate, a true and accurate quarterly income tax return and final or adjustment return in accordance with the provisions of Chapter XII of this Title. The return shall be filed by the president, vice-president or other principal officer, and shall be sworn to by such officer and by the treasurer or assistant treasurer.
(B) Taxable Year of Corporation. - A corporation may employ either calendar year or fiscal year as a basis for filing its annual income tax return: Provided, That the corporation shall not change the accounting period employed without prior approval from the Commissioner in accordance with the provisions of Section 47 of this Code.
(C) Return of Corporation Contemplating Dissolution or Reorganization. - Every corporation shall, within thirty (30) days after the adoption by the corporation of a resolution or plan for its dissolution, or for the liquidation of the whole or any part of its capital stock, including a corporation which has been notified of possible involuntary dissolution by the Securities and Exchange Commission, or for its reorganization, render a correct return to the Commissioner, verified under oath, setting forth the terms of such resolution or plan and such other information as the Secretary of Finance, upon recommendation of the commissioner, shall, by rules and regulations, prescribe.
The dissolving or reorganizing corporation shall, prior to the issuance by the Securities and Exchange Commission of the Certificate of Dissolution or Reorganization, as may be defined by rules and regulations prescribed by the Secretary of Finance, upon recommendation of the Commissioner, secure a certificate of tax clearance from the Bureau of Internal Revenue which certificate shall be submitted to the Securities and Exchange Commission.
(D) Return on Capital Gains Realized from Sale of Shares of Stock not Traded in the Local Stock Exchange. - Every corporation deriving capital gains from the sale or exchange of shares of stock not traded thru a local stock exchange as prescribed under Sections 24 (c), 25 (A)(3), 27 (E)(2), 28(A)(8)(c) and 28 (B)(5)(c), shall file a return within thirty (30) days after each transactions and a final consolidated return of all transactions during the taxable year on or before the fifteenth (15th) day of the fourth (4th) month following the close of the taxable year.
SEC. 53. Extension of Time
to File Returns. - The Commissioner may, in meritorious cases, grant
a reasonable extension of time for filing returns of income (or final
and adjustment returns in case of corporations), subject to the provisions
of Section 56 of this Code.
SEC. 54. Returns of Receivers,
Trustees in Bankruptcy or Assignees. - In cases wherein receivers,
trustees in bankruptcy or assignees are operating the property or business
of a corporation, subject to the tax imposed by this Title, such receivers,
trustees or assignees shall make returns of net income as and for such
corporation, in the same manner and form as such organization is hereinbefore
required to make returns, and any tax due on the income as returned by
receivers, trustees or assignees shall be assessed and collected in the
same manner as if assessed directly against the organizations of whose
businesses or properties they have custody or control.
SEC. 55. Returns of General
Professional Partnerships. - Every general professional partnership
shall file, in duplicate, a return of its income, except income exempt
under Section 32 (B) of this Title, setting forth the items of gross income
and of deductions allowed by this Title, and the names, Taxpayer Identification
Numbers (TIN), addresses and shares of each of the partners.
SEC. 56. Payment and Assessment of Income Tax for Individuals and Corporation. -
(A) Payment of Tax. -
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(1) In General. - The
total amount of tax imposed by this Title shall be paid by the person
subject thereto at the time the return is filed. In the case of tramp
vessels, the shipping agents and/or the husbanding agents, and in their
absence, the captains thereof are required to file the return herein provided
and pay the tax due thereon before their departure. Upon failure of the
said agents or captains to file the return and pay the tax, the Bureau
of Customs is hereby authorized to hold the vessel and prevent its departure
until proof of payment of the tax is presented or a sufficient bond is
filed to answer for the tax due.
(2) Installment of Payment. - When the tax due is in excess of Two thousand pesos (P2,000), the taxpayer other than a corporation may elect to pay the tax in two (2) equal installments in which case, the first installment shall be paid at the time the return is filed and the second installment, on or before July 15 following the close of the calendar year. If any installment is not paid on or before the date fixed for its payment, the whole amount of the tax unpaid becomes due and payable, together with the delinquency penalties.
(3) Payment of Capital Gains Tax. - The total amount of tax imposed and prescribed under Section 24 (c), 24(D), 27(E)(2), 28(A)(8)(c) and 28(B)(5)(c) shall be paid on the date the return prescribed therefor is filed by the person liable thereto: Provided, That if the seller submits proof of his intention to avail himself of the benefit of exemption of capital gains under existing special laws, no such payments shall be required : Provided, further, That in case of failure to qualify for exemption under such special laws and implementing rules and regulations, the tax due on the gains realized from the original transaction shall immediately become due and payable, subject to the penalties prescribed under applicable provisions of this Code: Provided, finally, That if the seller, having paid the tax, submits such proof of intent within six (6) months from the registration of the document transferring the real property, he shall be entitled to a refund of such tax upon verification of his compliance with the requirements for such exemption.
No registration of any document
transferring real property shall be effected by the Register of Deeds
unless the Commissioner or his duly authorized representative has certified
that such transfer has been reported, and the tax herein imposed, if any,
has been paid.
(B) Assessment and Payment of Deficiency Tax. - After the return is filed, the Commissioner shall examine it and assess the correct amount of the tax. The tax or deficiency income tax so discovered shall be paid upon notice and demand from the Commissioner.
As used in this Chapter, in respect of a tax imposed by this Title, the term 'deficiency' means:
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(1) The amount by which the
tax imposed by this Title exceeds the amount shown as the tax by the taxpayer
upon his return; but the amount so shown on the return shall be increased
by the amounts previously assessed (or collected without assessment) as
a deficiency, and decreased by the amount previously abated, credited,
returned or otherwise repaid in respect of such tax; or
(2) If no amount is shown
as the tax by the taxpayer upon this return, or if no return is made
by the taxpayer, then the amount by which the tax exceeds the amounts
previously assessed (or collected without assessment) as a deficiency;
but such amounts previously assessed or collected without assessment
shall first be decreased by the amounts previously abated, credited
returned or otherwise repaid in respect of such tax.
(A) Withholding of Final Tax on Certain Incomes. - Subject to rules and regulations the Secretary of Finance may promulgate, upon the recommendation of the Commissioner, requiring the filing of income tax return by certain income payees, the tax imposed or prescribed by Sections 24(B)(1), 24(B)(2), 24(C), 24(D)(1); 25(A)(2), 25(A)(3), 25(B), 25(C), 25(D), 25(E), 27(D)(!), 27(D)(2), 27(D)(3), 27(D)(5), 28 (A)(4), 28(A)(5), 28(A)(7)(a), 28(A)(7)(b), 28(A)(7)(c), 28(B)(1), 28(B)(2), 28(B)(3), 28(B)(4), 28(B)(5)(a), 28(B)(5)(b), 28(B)(5)(c); 33; and 282 of this Code on specified items of income shall be withheld by payor-corporation and/or person and paid in the same manner and subject to the same conditions as provided in Section 58 of this Code.
(B) Withholding of Creditable Tax at Source. - The Secretary of Finance may, upon the recommendation of the Commissioner, require the withholding of a tax on the items of income payable to natural or juridical persons, residing in the Philippines, by payor-corporation/persons as provided for by law, at the rate of not less than one percent (1%) but not more than thirty-two percent (32%) thereof, which shall be credited against the income tax liability of the taxpayer for the taxable year.
(C) Tax-free Covenant Bonds.
In any case where bonds, mortgages, deeds of trust or other similar obligations
of domestic or resident foreign corporations, contain a contract or provisions
by which the obligor agrees to pay any portion of the tax imposed in this
Title upon the obligee or to reimburse the obligee for any portion of
the tax or to pay the interest without deduction for any tax which the
obligor may be required or permitted to pay thereon or to retain therefrom
under any law of the Philippines, or any state or country, the obligor
shall deduct bonds, mortgages, deeds of trust or other obligations, whether
the interest or other payments are payable annually or at shorter or longer
periods, and whether the bonds, securities or obligations had been or
will be issued or marketed, and the interest or other payment thereon
paid, within or without the Philippines, if the interest or other payment
is payable to a nonresident alien or to a citizen or resident of the Philippines.
SEC. 58. Returns and Payment of Taxes Withheld at Source. -
(A) Quarterly Returns and Payments of Taxes Withheld. - Taxes deducted and withheld under Section 57 by withholding agents shall be covered by a return and paid to, except in cases where the Commissioner otherwise permits, an authorized Treasurer of the city or municipality where the withholding agent has his legal residence or principal place of business, or where the withholding agent is a corporation, where the principal office is located.
The taxes deducted and withheld by the withholding agent shall be held as a special fund in trust for the government until paid to the collecting officers.
The return for final withholding tax shall be filed and the payment made within twenty-five (25) days from the close of each calendar quarter, while the return for creditable withholding taxes shall be filed and the payment made not later than the last day of the month following the close of the quarter during which withholding was made: Provided, That the Commissioner, with the approval of the Secretary of Finance, may require these withholding agents to pay or deposit the taxes deducted or withheld at more frequent intervals when necessary to protect the interest of the government.
(B) Statement of Income Payments Made and Taxes Withheld. - Every withholding agent required to deduct and withhold taxes under Section 57 shall furnish each recipient, in respect to his or its receipts during the calendar quarter or year, a written statement showing the income or other payments made by the withholding agent during such quarter or year, and the amount of the tax deducted and withheld therefrom, simultaneously upon payment at the request of the payee, but not late than the twentieth (20th) day following the close of the quarter in the case of corporate payee, or not later than March 1 of the following year in the case of individual payee for creditable withholding taxes. For final withholding taxes, the statement should be given to the payee on or before January 31 of the succeeding year.
(C) Annual Information Return. - Every withholding agent required to deduct and withhold taxes under Section 57 shall submit to the Commissioner an annual information return containing the list of payees and income payments, amount of taxes withheld from each payee and such other pertinent information as may be required by the Commissioner. In the case of final withholding taxes, the return shall be filed on or before January 31 of the succeeding year, and for creditable withholding taxes, not later than March 1 of the year following the year for which the annual report is being submitted. This return, if made and filed in accordance with the rules and regulations approved by the Secretary of Finance, upon recommendation of the Commissioner, shall be sufficient compliance with the requirements of Section 68 of this Title in respect to the income payments.
The Commissioner may, by rules and regulations, grant to any withholding agent a reasonable extension of time to furnish and submit the return required in this Subsection.
(D) Income of Recipient. - Income upon which any creditable tax is required to be withheld at source under Section 57 shall be included in the return of its recipient but the excess of the amount of tax so withheld over the tax due on his return shall be refunded to him subject to the provisions of Section 204; 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 Section 56.
All taxes withheld pursuant to the provisions of this Code and its implementing rules and regulations are hereby considered trust funds and shall be maintained in a separate account and not commingled with any other funds of the withholding agent.
(E) Registration with Register
of Deeds. - No registration of any document transferring real property
shall be effected by the Register of Deeds unless the Commissioner or
his duly authorized representative has certified that such transfer has
been reported, and the capital gains or creditable withholding tax, if
any, has been paid: Provided, however, That the information as may be
required by rules and regulations to be prescribed by the Secretary of
Finance, upon recommendation of the Commissioner, shall be annotated by
the Register of Deeds in the Transfer Certificate of Title or Condominium
Certificate of Title: Provided, further, That in cases of transfer of
property to a corporation, pursuant to a merger, consolidation or reorganization,
and where the law allows deferred recognition of income in accordance
with Section 40, the information as may be required by rules and regulations
to be prescribed by the Secretary of Finance, upon recommendation of the
Commissioner, shall be annotated by the Register of Deeds at the back
of the Transfer Certificate of Title or Condominium Certificate of Title
of the real property involved: Provided, finally, That any violation of
this provision by the Register of Deeds shall be subject to the penalties
imposed under Section 269 of this Code.
SEC. 59. Tax on Profits Collectible from Owner or Other Persons. - The tax imposed under this Title upon gains, profits, and income not falling under the foregoing and not returned and paid by virtue of the foregoing or as otherwise provided by law shall be assessed by personal return under rules and regulations to be prescribed by the Secretary of Finance, upon recommendation of the Commissioner. The intent and purpose of the Title is that all gains, profits and income of a taxable class, as defined in this Title, shall be charged and assessed with the corresponding tax prescribed by this Title, and said tax shall be paid by the owners of such gains, profits and income, or the proper person having the receipt, custody, control or disposal of the same. For purposes of this Title, ownership of such gains, profits and income or liability to pay the tax shall be determined as of the year for which a return is required to be rendered.
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Chapter
VIII |
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