Escolar Documentos
Profissional Documentos
Cultura Documentos
f) Other non-bank financial intermediaries 1) Who are required to file Documentary Stamp Tax
(including pawnshops) Declaration Return?
b) By using the web-based Electronic Documentary Statements and other compulsory information
Stamp Tax (eDST) System in the payment/remittance of required of persons or corporations by the rules
its/his/her DST liabilities and the affixture of the and regulations of the national, provincial, city or
prescribed documentary stamp on taxable documents; municipal government exclusively for statistical
and purposes and which are wholly for the use of the
Bureau or office in which they are filed, and not
c) By Revenue Collection Agent, for remittance of sold at the instance or for the use or benefit of the
loose documentary stamps. person filing them
Note: Wherever one party to the taxable document Certified copies and other certificates placed
enjoys exemption from the tax imposed, the other party upon documents, instruments and papers for
who is not exempt will be the one directly liable to file the national, provincial, city or municipal
Documentary Stamp Tax Declaration and pay the governments made at the instance and for the
applicable stamp tax. sole use of some other branch of the national,
provincial, city or municipal governments
2) Where is the Documentary Stamp Tax Declaration
Return filed? Certificates of the assessed value of lands, not
exceeding P200 in value assessed, furnished by
In the Authorized Agent Bank (AAB) within the territorial the provincial, city or municipal Treasurer to
jurisdiction of the RDO which has jurisdiction over the applicants for registration of title to land
residence or principal place of business of the taxpayer
or where the property is located in case of sale of real Borrowing and lending of securities executed
property or where the Collection Agent is assigned. In
under the Securities Borrowing and Lending
places where there is no Authorized Agent Bank, the
Program of a registered exchange, or in
return will be filed with the Revenue Collection Officer or
accordance with regulations prescribed by the
duly authorized City or Municipal Treasurer where the
appropriate regulatory authority: Provided,
taxpayer's residence or principal place of business is
however, That any borrowing or lending of
located or where the property is located in case of sale
securities agreement as contemplated hereof
of real property or where the Collection Agent is
shall be duly covered by a master securities
assigned.
borrowing and lending agreement acceptable to
the appropriate regulatory authority, and which
3) What are the documents/papers not subject to agreement is duly registered and approved by
Documentary Stamp Tax? (sec. 9, RR No. 13-2004) the Bureau of Internal Revenue (BIR)
Derivatives: Provided, That for purposes of this The DST rates as imposed under the Code, as amended
exemption, repurchase agreements and reverse by R.A. 9243 shall be applicable on all documents not
repurchase agreements shall be treated otherwise expressly exempted by the said law,
similarly as derivatives notwithstanding the fact that they are in electronic form.
As provided for by R.A. 8792, otherwise known as the
Electronic Commerce Act, electronic documents are the
Interbranch or interdepartmental advances
functional equivalent of a written document under
within the same legal entity existing laws, and the issuance thereof is therefore
tantamount to the issuance of a written document, and
All forebearances arising from sales or service therefore subject to DST.
contracts including credit card and trade
receivables: Provided, That the exemption be 7) What are the inclusions of a debt instrument? (sec. 5,
limited to those executed by the seller or service RR No. 13-2004)
provider itself.
Debt Instrument shall mean instruments representing
Bank deposit accounts without a fixed term or borrowing and lending transaction including but not
maturity limited to:
4) What are the implications of failure to stamp taxable instruments and securities issued by the
documents? government or any of its
instrumentalities,
The untaxed document will not be recorded, nor
will it or any copy thereof or any record of deposit substitute debt instruments,
transfer of the same be admitted or used in
evidence in court until the requisite stamp or certificates or other evidences of
stamps have been affixed thereto and cancelled deposits that are drawing
instrument significantly higher than the
No notary public or other officer authorized to regular savings deposit taking into
administer oaths will add his jurat or consideration the size of the deposit and
acknowledgment to any document subject to the risks involved,
Documentary Stamp Tax unless the proper
documentary stamps are affixed thereto and certificates or other evidences of
cancelled. deposits that are drawing interest and
having a specific maturity date,
5) What is Electronic Documentary Stamp Tax (eDST)
System? (sec. 5 (1), RR No. 7-2009) promissory notes, whether negotiable or
non-negotiable, except bank
The eDST is a web-based application created for notes issued for circulation.
taxpayers and the BIR that is capable of affixing a
secured documentary stamp on the taxable documents 8) Is any document, transaction or arrangement entered
as defined under the appropriate provisions under Title into under Financial Lease subject to Documentary
VII of the National Internal Revenue Code of 1997, as Stamp Tax? (RMC No. 46-2014)
amended, thru the use of a computer unit, any laser
printer with at least 1200 dpi resolution, and Internet
Explorer 7.0 It is also capable of providing a 3-layer Financial lease is akin to a debt rather than a lease. A
watermark on stamps for added security. nature of an obligation than a lease of personal property.
The mere act of extending credit is already a means of
facilitating an obligation or advancing in behalf of the 3. Petroleum Products (Section 148)
lessee certain property in lieu of cash in exchange for a
definitive amortization to be paid to the lessor with profit 4. Miscellaneous Articles (Section 149-150)
margin included. Section 179 of the NIRC, as amended,
covers all debt instruments. Therefore, being a nature of a. Automobiles (Section 149)
an obligation, any document, transaction or arrangement b. Non-essential Goods (Section 150)
entered into under financial lease is subject to DST
under such Section of the NIRC, as amended.
5. Mineral Products (Sections 151)
EXCISE TAXES
PERSONS LIABLE TO EXCISE TAX:
BASIC CONCEPT:
In General:
Excise Tax is a tax on the production, sale or
a. On Domestic or Local Articles
consumption of a commodity in a country.
Manufacturer
APPLICABILITY:
Producer
On goods manufactured or produced in the
Philippines for domestic sale or consumption or
for any other disposition; and Owner or person having possession of articles
removed from the place of production without
On goods imported. the payment of the tax
b. On Imported Articles
TYPES OF EXCISE TAX:
Exportation
Ad Valorem Tax = No. of Units/other measurements x
Selling Price of any specific value per unit x Ad Valorem
- Owner, lessee, concessionaire or operator of
Tax Rate
the mining claim
MAJOR CLASSIFICATION OF EXCISABLE
TIME OF PAYMENT:
ARTICLES AND RELATED CODAL SECTION:
In General
1. Alcohol Products (Sections 141-143)
On domestic products
a. Distilled Spirits (Section 141)
b. Wines (Section 142)
c. Fermented Liquors (Section 143) Before removal from the place of production
a. Tobacco Products (Section 144) Before release from the customs' custody
b. Cigars & Cigarettes (Section 145)
c. Inspection Fee (Section 146)