RR 2 - 98 As Amended

April 17, 1998
REVENUE REGULATIONS NO. 02-98

SUBJECT :
Implementing Republic Act No. 8424,

"An Act
Amending the National Internal Revenue Code, as
Amended" Relative to the Withholding on Income Subject
to the Expanded Withholding Tax and Final Withholding
Tax, Withholding of Income Tax on Compensation,
Withholding of Creditable Value-Added Tax and Other
Percentage Taxes
TO
All Internal Revenue Officers and Others Concerned
Pursuant to Sec. 244

of the National Internal Revenue Code, as
amended, in relation to Sections 57 to 59
, Sections 78 to 83
, Section
114(C)
and Sections 116 to 127
of Republic Act 8424, these regulations
are hereby promulgated which shall govern the collection at source on income paid
on or after January 1, 1998 and prescribing the Revised Withholding Tax Tables
on compensation.
SECTION 2.57.
Withholding of Tax at Source.
(A) Final Withholding Tax. Under the final withholding tax system the
amount of income tax withheld by the withholding agent is constituted as a full
and final payment of the income tax due from the payee on the said income. The
liability for payment of the tax rests primarily on the payor as a withholding agent.
Thus, in case of his failure to withhold the tax or in case of under withholding, the
deficiency tax shall be collected from the payor/withholding agent. The payee is
not required to file an income tax return for the particular income.
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The finality of the withholding tax is limited only to the payee's income tax
liability on the particular income. It does not extend to the payee's other tax
liability on said income, such as when the said income is further subject to a
percentage tax. For example, if a bank receives income subject to final withholding
tax, the same shall be subject to a percentage tax.
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(B) Creditable Withholding Tax. Under the creditable withholding tax

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CD Technologies Asia, Inc. and Accesslaw, Inc.
Philippine Taxation Encyclopedia 2015
system, taxes withheld on certain income payments are intended to equal or at

least approximate the tax due of the payee on said income. The income recipient is
still required to file an income tax return, as prescribed in Sec. 51 and Sec. 52 of
the NIRC,
as amended, to report the income and/or pay the difference
between the tax withheld and the tax due on the income. Taxes withheld on
income payments covered by the expanded withholding tax (referred to in Sec.
2.57.2 of these regulations) and compensation income (referred to in Sec. 2.78 also
of these regulations) are creditable in nature.
SECTION 2.57.1. Income Payments Subject to Final Withholding Tax.
The following forms of income shall be subject to final withholding tax at the
rates herein specified;
(A) Income payments to a citizen or to a resident alien individual;
(1)
Interest from any peso bank deposit, and yield or any other
monetary benefit from deposit substitutes and from trust funds
and similar arrangements; royalties (except on books as well as
other literary works and musical compositions), prizes (except
prizes amounting to ten thousand pesos (P10,000.00) or less
which shall be subject to tax under Sec. 24 (A)
of the
Code) and other winnings (except Philippine Charity
Sweepstakes winnings and lotto winnings) derived from sources
within the Philippines Twenty percent (20%).
(2)
Royalties on books, as well as other literary works and musical

compositions Ten percent (10%).
(3)
Interest income received by a resident individual taxpayer from

a depository bank under the Foreign Currency Deposit System
Seven and one-half percent (7.5%).
(4)
Interest income from long-term deposit or investment in the

form of savings, common or individual trust funds, deposit
substitutes, investment management accounts and other
investments evidenced by certificates in such form prescribed
by the Bangko Sentral ng Pilipinas which was pre-terminated
by the holder before the fifth (5th) year at the rates herein
prescribed to be deducted and withheld from the proceeds
thereof based on the length of time that the instrument was held
by the taxpayer
Holding Period
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Rate
Four (4) years to less than five (5) years

Three (3) years to less than four (4) years
Less than three (3) years
(5)
5%
12%
20%
Cash and/or property dividends actually or constructively

received from a domestic corporation, joint stock company,
insurance or mutual fund companies or on the share of an
individual partner in the distributable net income after tax of a
partnership (except general professional partnership) or on the
share of an individual in the net income after tax of an
association, a joint account or a joint venture or consortium of
which he is a member or a co-venturer.
6% - beginning January 1, 1998
8% - beginning January 1, 1999 and
10% - beginning January 1, 2000 and thereafter
The tax on cash and property dividends shall only be

imposed on dividends which are declared from profits of
corporations made after December 31, 1997.
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(6)
On capital gains presumed to have been realized from

the sale, exchange or other disposition of real property located
in the Philippines, classified as capital assets, including pacto
de retro sales and other forms of conditional sales based on the
gross selling price or fair market value as determined in
accordance with Sec. 6(E)
of the Code (i.e., the authority
of the Commissioner to prescribe real property values),
whichever is higher Six percent (6%).
In case of sale on installment of real property
classified as capital asset, the procedures stated under Sec.
2.57.2(J) hereof on the sale of real property classified as
ordinary asset shall apply with the exception that the
withholding tax on the former shall be final whereas that on
the latter shall be creditable.
In case of dispositions of real property classified as
capital asset by individuals to the government or any of its
political subdivisions or agencies or to government-owned or
controlled corporations, the tax to be imposed shall be
determined either under Section 24(A) of the Code for the
normal rate of income tax for individual citizens or residents
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or under Section 24(D)(1)

of the Code for the final tax
on the presumed capital gains from sale of property at six
percent (6%), at the option of the taxpayer-seller.
In case of sale/transfer of principal residence, the
Buyer/Transferee shall withhold from the seller and shall
deduct from the agreed selling price/consideration the 6%
capital gains tax which shall be deposited in cash or
manager's check in interest-bearing account with an
Authorized Agent Bank (AAB) under an Escrow Agreement
between the concerned Revenue District Officer, the Seller
and the Transferee, and the AAB to the effect that the
amount so deposited, including its interest yield, shall only
be released to such Transferor upon certification by the said
RDO that the proceeds of the sale/disposition thereof has, in
fact, been utilized in the acquisition or construction of the
Seller/Transferor's new principal residence within eighteen
(18) calendar months from date of the said sale or
disposition. The date of sale or disposition of a property
refers to the date of notarization of the document evidencing
the transfer of said property. In general, the term "Escrow"
means a scroll, writing or deed, delivered by the grantor,
promisor or obligor into the hands of a third person, to be
held by the latter until the happening of a contingency or
performance of a condition, and then by him delivered to the
grantee, promisee or obligee.
After depositing the amount representing the six
percent (6%) capital gains tax as mentioned above, the
Buyer/Transferee and the Seller, shall jointly file, within
thirty (30) days from the date of the sale or disposition of the
principal residence, with the Revenue District Office having
jurisdiction over the property, in duplicate, the Final Capital
Gains Tax Return (BIR Form No. 1706, or any form number
assigned by the BIR), covering the property bought with no
computed tax due stating that the supposed-tax due/amount
so withheld by the buyer is maintained in an escrow account,
which amount will be used to satisfy future tax liability, if
any, on the subject transaction. For purposes of the capital
gains tax otherwise due on the sale, exchange or disposition
of the said Principal Residence, the execution of the Escrow
Agreement referred to in the immediately preceding
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paragraph shall be considered sufficient. The tax return so

filed in pursuance hereof shall bear the addresses of both the
seller and the buyer.
If within thirty (30) days after the lapse of the
aforesaid 18-month period, the Seller/Transferor fails to
submit documentary evidence showing that he has utilized
the proceeds of sale or disposition of his old principal
residence to acquire/construct his new principal residence,
he shall be treated as deficient in the payment of his capital
gains tax on the sale or disposition of his aforesaid Principal
Residence, and shall be accordingly assessed for deficiency
capital gains tax, inclusive of penalties and the 20% interest
per annum computed from the 31st day after the date of
sale/disposition of the said principal residence, pursuant to
the provisions of Section 228 of the Code, as implemented by
Revenue Regulations No. 12-99, in relation to Section 249 of
the said Code.
In the issuance of assessments, the Seller shall receive
all the required notices following existing procedures. Upon
the time that the said deficiency tax assessment has become
final and executory, the deposit in escrow, inclusive of its
interest earnings, shall be forfeited and applied against the
deficiency capital gains tax liability. If the same is
insufficient to cover the entire amount assessed, the
Seller/Transferor shall remain liable for the remaining
balance of the assessment. On the other hand, the excess of
the deposit in escrow, if any, shall forthwith be returned to
the Seller, by the Bank upon written authorization from the
Commissioner or his duly authorized representative.
(7)
Gross income derived from contracts by subcontractors from

service contractors engaged in 'petroleum operations' as
defined under P.D. 87 (also known as the 'Oil Exploration
and Development Act') in the Philippines Eight percent
(8%) of its gross income derived from such contracts in lieu
of any and all taxes, national and local, as imposed under
P.D. 1354.
(B) Income Payment to Non-resident Aliens Engaged in Trade or Business

in the Philippines.
The following forms of income derived from sources
within the Philippines shall be subject to final withholding tax in the hands of a
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non-resident alien individual engaged in trade or business within the Philippines,

based on the gross amount thereof and at the rates prescribed therefor:
(1)
(2)
On Certain Passive Income A tax of twenty (20%) percent is

hereby imposed on certain passive income received from all
sources within the Philippines.
(a)
Cash and/or property dividend from a domestic

corporation or from a joint stock company, or from an
insurance or mutual fund company or from a regional
operating headquarter of a multinational company;
(b)
Share in the distributable net income after tax of a

partnership (except general professional partnership) of
which he is a partner, or share in the net income after tax
of an association, a joint account, or a joint venture of
which he is a member or a co-venturer;
(c)
Interests from any currency bank deposit and yield or

any other monetary benefit from deposit substitutes and
from trust funds and similar arrangements;
(d)
Royalties (except royalties on books, as well as other

literary works and musical compositions which shall be
subject to 10% final withholding tax);
(e)
Prizes (except prizes amounting to ten thousand pesos

(P10,000.00) or less subject to tax under Sec. 25 (A) (1)
of the Code for the normal rates of income tax for
individuals) and other winnings (except Philippine
Charity Sweepstakes winnings and lotto winnings);
Interest income derived from long-term deposit or investment in

the form of savings, common or individual trust funds, deposit
substitutes, investment management accounts and other
investments evidenced by certificates in such form prescribed
by the Bangko Sentral ng Pilipinas which was pre-terminated
by the holder before the fifth (5th) year at the rates herein
prescribed to be deducted and withheld from the proceeds
thereof based on the length of time that the instrument was held
by the taxpayer
Holding Period
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Rate
Four (4) years to less than five (5) years

Three (3) years to less than four (4) years
Less than three (3) years
(3)
5%
12%
20%
On capital gains presumed to have been realized from the

sale exchange or other disposition of real property located in
the Philippines, classified as capital assets, including pacto de
retro sales and other forms of conditional sales based on the
gross selling price or fair market value as determined in
accordance with Sec. 6(E) of the Code (i.e. the authority of the
Commissioner to prescribe zonal values), whichever is higher
Six percent (6%).
determined either under Sec. 24(A) of the Code for the normal
rate of income tax for individual citizens or residents or under
Sec. 24(D)(1) of the Code for the final tax on the presumed
capital gains from sale of property at six percent (6%) at the
option of the taxpayer-seller.
(4)
Gross income from all sources within the Philippines derived

by non-resident cinematographic film owners, lessors or
distributors Twenty Five percent (25%).
For purposes of these regulations, the term
'cinematographic film' includes motion picture films, films,
tapes, discs and other such similar or related products.
(5)
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P.D. 1354.
(C) Income Derived from All Sources Within the Philippines by a
Non-resident Alien Individual Not Engaged in Trade or Business Within the
Philippines.
The following forms of income derived from all sources
within the Philippines shall be subject to a final withholding tax in the hands of a
non-resident alien individual not engaged in trade or business within the
Philippines based on the following amounts and at the rates prescribed therefor:
(1)
On the gross amount of income derived from all sources within

the Philippines by a non-resident alien individual who is not
engaged in trade or business in the Philippines as interest, cash
and/or property dividends, rents, salaries, wages, premiums,
annuities, compensation, remuneration, emoluments, or other
fixed or determinable annual or periodic or casual gains, profits
and income and capital gains Twenty five percent (25%).
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(2)
On capital gains presumed to have been realized from the sale,

exchange or other disposition of real property located in the
Philippines, classified as capital assets, including pacto de retro
sales and other forms of conditional sales based on the gross
selling price or fair market value as determined in accordance
with Sec. 6(E) of the Code (i.e. the authority of the
Commissioner to prescribe the real property values), whichever
is higher Six percent (6%).
determined either under Section 24(A) of the Code for the
normal rate of income tax for individual citizens or residents or
under Section 24(D)(1) of the Code for the final tax on the
presumed capital gains from sale of property at six percent
(6%) at the option of the taxpayer-seller.
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(D) Income Derived by Alien Individuals Employed by Regional or Area

Headquarters and Regional Operating Headquarters of Multinational Companies.
A final withholding tax equivalent to fifteen percent (15%) shall be
withheld by the withholding agent from the gross income received by every alien
individual occupying managerial and technical positions in regional or area
headquarters and regional operating headquarters established in the Philippines by
multinational companies as salaries, wages, annuities, compensation,
remuneration, and other emoluments, such as honoraria and allowances, except
income which is subject to the fringe benefits tax,
from such regional or area
headquarters and regional operating headquarters.
The same tax treatment is applicable to Filipinos employed and occupying
the same positions as those aliens employed by regional or area headquarters
and regional operating headquarters of multinational companies, regardless of
whether or not there is an alien executive occupying the same position. Provided,
that such Filipinos shall have the option to be taxed at either 15% of gross income
or at the regular tax rate on their taxable income in accordance with the Tax Code
of 1997 if the employer (Regional Operating Headquarters/Regional or Area
Headquarters) is governed by Book III of E.O. 226 as amended by R.A. 8756.
In case the Filipino opted to be taxed at the regular tax rate under Section 24
of the Tax Code of 1997, the provisions of Section 2.79 (A) to (D) of Revenue
Regulations No. 2-98 shall apply.
The term "multinational company" means a foreign firm or entity engaged
in international trade with its affiliates or subsidiaries or branch offices in the Asia
Pacific Region and other foreign markets.
(E) Income Derived by Alien Individuals Employed by Offshore Banking
Units.
A final withholding tax equivalent to fifteen percent (15%) shall
be withheld by the withholding agent from the gross income of alien individuals
occupying managerial and technical positions in offshore banking units established
in the Philippines, as salaries, wages, annuities, compensation, remuneration, and
other emoluments, such as honoraria and allowances received from such offshore
banking units.
the same positions as those aliens employed by offshore banking units, regardless
of whether or not there is an alien executive occupying the same position.
(F) Income of Aliens Employed by Foreign Petroleum Service Contractors
and Subcontractors.
A final withholding tax equivalent to fifteen percent
(15%) shall be withheld from the gross income of an alien individual who is a
permanent resident of a foreign country but who is employed and assigned in the
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Philippines by a foreign service contractor or by a foreign service subcontractor

who is engaged in petroleum operations in the Philippines. His gross income
includes salaries, wages, annuities, compensation, remuneration and other
emoluments, such as honoraria and allowances, received from such contractor or
subcontractor.
the same positions as those aliens employed by foreign petroleum service
contractors and subcontractors, regardless of whether or not there is an alien
executive occupying the same position.
(G) Income Payment to a Domestic Corporation.
The following
items of income shall be subject to a final withholding tax in the hands of a
domestic corporation, based on the gross amount thereof and at the rate of tax
prescribed therefor:
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(1)
Interest from any currency bank deposit and yield or any other
monetary benefit from deposit substitutes and from trust fund
and similar arrangements derived from sources within the
Philippines Twenty Percent (20%).
(2)
Royalties derived from sources within the Philippines

Twenty percent (20%).
(3)
Interest income derived from a depository bank under the

Expanded Foreign Currency Deposit System, otherwise known
as a Foreign Currency Deposit Unit (FCDU)
Seven
and one-half percent (7.5%).
(4)
Income derived by a depository bank under the Expanded

Foreign Currency Deposit System from foreign transactions
with local commercial banks including branches of foreign
banks that may be authorized by the Bangko Sentral ng
Pilipinas (BSP) to transact business with Foreign Currency
Deposit System Units and other depository banks under the
expanded foreign currency deposit system including interest
income from foreign currency loans granted by such depository
bank under the said expanded foreign currency deposit system
to residents Ten percent (10%).
(5)
On capital gains presumed to have been realized from the

sale, exchange or other disposition of land and building
located in the Philippines classified as capital assets, based on
the gross selling price or fair market value as determined in
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accordance with Sec. 6(E) of the Code, whichever is higher

Six percent (6%).
(6)

P.D. 1354.
(H) Income Payment to a Resident Foreign Corporation.

The
following forms of income shall be subject to a final withholding tax in the hands
of a foreign corporation, based on the gross amount thereof and at the rate of tax
(1)
Offshore Banking Units

On income derived by
offshore banking units authorized by the Bangko Sentral ng
Pilipinas (BSP) from foreign currency transactions with local
commercial banks and branches of foreign banks that may be
authorized by the BSP to transact business with offshore
banking units and other OBUs including interest income
derived from foreign currency loans granted to resident Ten
percent (10%).
(2)
Tax on Branch Profit Remittances

On any profit
remitted by the Philippine branch of a foreign corporation to its
head office abroad based on the total profits applied or
earmarked for remittance without any deduction for the tax
component thereof except those registered with the Philippine
Economic Zones Authority (PEZA) and other companies within
the special economic zones such as Subic Bay Metropolitan
Authority (SBMA) and Clark Development Authority (CDA)
Fifteen percent (15%).
Interests,
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dividends,
rents,
royalties
(including
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remunerations for technical services), salaries, wages,

premiums, annuities, emoluments or other fixed or determinable
annual periodic or casual gains, profits, income and capital
gains received by a foreign corporation during each taxable year
from all sources within the Philippines shall not be considered
as branch profits unless the same are effectively connected with
the conduct of its trade or business in the Philippines.
(3)
Interest on any currency bank deposit and yield or any other

monetary benefit from deposit substitutes and from trust funds
and similar arrangements and royalties derived from sources
within the Philippines Twenty percent (20%).
(4)
Interest income derived from a Depository Bank under the

Expanded Foreign Currency Deposit system Seven and
one-half percent (7.5%).
(5)
Income derived by a depository bank under the expanded

foreign currency deposit system from foreign currency
transactions with local commercial banks including branches of
foreign banks that may be authorized by the Bangko Sentral ng
Pilipinas to transact business with foreign currency deposit
system units and other depository banks under the expanded
foreign currency deposit system including interest income from
foreign currency loans granted by such depository banks under
the said expanded foreign currency deposit system to resident
Ten percent (10%).
(6)

P.D. 1354.
(I) Income Derived From all Sources Within the Philippines by

Non-Resident Foreign Corporation. The following shall be subject to final
withholding tax based on the gross amount of income and at the rate of tax
(1)
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In general On gross income derived from all sources within

the Philippines such as interests, dividends, rents, royalties,
salaries, premiums (except reinsurance premiums), annuities,
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emoluments, or other fixed or determinable annual, periodic or

casual gains, profits and income and capital gains (except
capital gains realized from sale, exchange, disposition of shares
of stock in any domestic corporation which is subject to capital
gains tax under Sec. 28(B)(5)(c) at the following rates:
34% - beginning January 1, 1998
33% - beginning January 1, 1999 and
32% - beginning January 1, 2000 and thereafter
(2)
Gross income from all sources within the Philippines derived by

non-resident cinematographic film owners, lessors or
distributors Twenty five percent (25%).
(3)
On the gross rentals, lease and charter fees, derived by

non-resident owner or lessor of vessels from leases or charters
to Filipino citizens or corporations as approved by the Maritime
Industry Authority Four and one-half percent (4.5%).
(4)
On the gross rentals, charter and other fees derived by

non-resident lessor of aircraft, machineries and other equipment
Seven and a half percent (7.5%).
(5)
Interest on foreign loans contracted on or after August 1, 1986

Twenty percent (20%).
(6)
Dividends received from a domestic corporation Fifteen

percent (15%) of the cash and/or property dividends received
from a domestic corporation subject to the condition that the
country in which the nonresident foreign corporation is
domiciled (a) shall allow a credit against the tax due from the
said nonresident foreign corporation which are equivalent to
taxes deemed to have been paid in the Philippines equal to
twenty percent (20%) for 1997, nineteen percent (19%) for
1998, eighteen percent (18%) for 1999 and seventeen percent
(17%) thereafter, which represents the difference between the
regular income tax of thirty-five percent (35%) in 1997, thirty
four percent (34%) in 1998, thirty three percent (33%) in 1999,
and thirty two percent (32%) thereafter on corporations and the
fifteen percent (15%) tax on dividends as herein provided; or,
(b) does not impose any income tax on dividends received from
a domestic corporation.
(J)
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Fringe Benefits Granted to the Employee (Except Rank and File
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Employee).
There shall be imposed a final tax of 34% beginning January
1, 1998; 33% beginning January 1, 1999 and 32% beginning January 1, 2000 and
thereafter, on the grossed-up monetary value of fringe benefits, granted or
furnished by the employer to his employees (except rank and file as defined in the
Code). Fringe benefits however, which are required by the nature of or necessary
to the trade, business or profession of the employer, or where such fringe benefit is
for the convenience and advantage of the employer shall not be subject to the
fringe benefits tax.
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The term fringe benefit means any good, service or other benefit furnished
or granted in cash or in kind by an employer to an individual employee (except
rank and file employees) such as but not limited to, the following:
(1)
Housing;
(2)
Expense account;
(3)
Vehicle of any kind;
(4)
Household personnel, such as maid, driver and others;
(5)
Interest on loan at less than market rate to the extent of the

difference between the market rate and actual rate granted;
(6)
Membership fees, dues and other expenses borne by the

employer for the employee in social and athletic clubs or other
similar organizations;
(7)
Expenses for foreign travel;
(8)
Holiday and vacation expenses;
(9)
Educational assistance to the employee or his dependents; and
(10)
Life or health insurance and other non-life insurance premiums

or similar amounts in excess of what the law allows.
Fringe benefits granted to the following employees and taxable under Sec.
25 (B), (C), (D) and (E) shall also be subject to the fringe benefit tax to wit:
Sec. 25(B) Non-resident alien individual not engaged in trade or
business in the Philippines.
Sec. 25(C) Alien individual employed by regional or area
headquarters and regional operating headquarters of a multinational
company, including any of its Filipino employees employed and occupying
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the same position as those of its aforesaid alien employees;

Sec. 25(D) Alien individual employed by an offshore banking unit of
a foreign bank established in the Philippines, including any of its Filipino
employees employed and occupying the same position as those of its
aforesaid alien employees;
Sec. 25(E) Alien individual employed by a foreign service
contractor and subcontractor engaged in petroleum operations in the
Philippines, including any of its Filipino employees employed and occupying
the same position as those of its aforesaid alien employees.
The computation and the scheme for withholding the tax on fringe benefits
shall be governed by such revenue orders that the Commissioner shall issue as
guidelines and clarifications for its proper and consistent implementation.
(K) Informer's Reward to Persons Instrumental in the Discovery of
Violations of the National Internal Revenue Code and the Discovery and Seizure
of Smuggled Goods. The following rewards shall be subject to a final
withholding tax at the rate of ten percent (10%):
(1)
Those given to persons, except an internal revenue official or

employee, or other public official or employee or his relative
within the sixth degree of consanguinity, who voluntarily gives
definite and sworn information not yet in the possession of the
BIR, leading to the discovery of frauds upon the Internal
Revenue Laws or violations of any of the provisions thereof,
thereby resulting in the recovery of revenues, surcharges and
fees and/or the conviction of the guilty party and/or imposition
of any fine or penalty.
(2)
Those given to an informer where the offender has offered to

compromise the violation of law committed by him and his
offer has been accepted by the Commissioner and collected
from the offender.
The amount of reward shall be equivalent to ten percent
(10%) of the revenues, surcharges or fees recovered and/or fine
or penalty imposed and collected or one million pesos
(P1,000,000.00) per case whichever is lower.
The reward shall be paid under the rules and regulations
issued by the Secretary of Finance, upon the recommendation
of the Commissioner. However, such person shall not be
entitled to a reward, should no revenue, surcharges or fees be
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actually recovered or collected nor shall apply to a case already

pending or previously investigated or examined by the
Commissioner or any of his deputies or agents or examiners, or
the Secretary of Finance or any of his deputies or agents.
(3)
Those given to persons instrumental in the discovery and

seizure of such smuggled goods.
The amount of reward shall be equivalent to ten percent
of the market value of the smuggled and confiscated goods or
one million pesos (P1,000,000.00) per case whichever is lower.
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SECTION 2.57.2. Income Payments Subject to Creditable Withholding Tax

and Rates Prescribed Thereon.
Except as herein otherwise provided, there
shall be withheld a creditable income tax at the rates herein specified for each
class of payee from the following items of income payments to persons residing in
the Philippines:
(A) Professional fees, talent fees, etc., for services rendered by individuals
On the gross professional, promotional and talent fees or any other form
of remuneration for the services of the following individuals Fifteen percent
(15%), if the gross income for the current year exceeds P720,000; and Ten
percent (10%), if otherwise;
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(1)
Those individually engaged in the practice of professions or

callings; lawyers; certified public accountants; doctors of
medicine; architects; civil, electrical, chemical, mechanical,
structural, industrial, mining, sanitary, metallurgical and
geodetic engineers; marine surveyors; doctors of veterinary
science; dentists; professional appraisers; connoisseurs of
tobacco; actuaries; interior decorators, designers, real estate
service practitioners (RESPs), (i.e., real estate consultants,
real estate appraisers and real estate brokers) requiring
government licensure examination given by the Real Estate
Service pursuant to Republic Act No. 9646 and all other
professions requiring government licensure examination
regulated by the Professional Regulations Commission,
Supreme Court, etc.
(2)
Professional entertainers, such as, but not limited to, actors and
actresses, singers, lyricist, composers and emcees;
(3)
Professional athletes, including basketball players, pelotaris and
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jockeys;
(4)
All directors and producers involved in movies, stage, radio,

television and musical productions;
(5)
Insurance agents and insurance adjusters;
(6)
Management and technical consultants;
(7)
Bookkeeping agents and agencies;
(8)
Other recipients of talent fees;
(9)
Fees of directors who are not employees of the company paying

such fees, whose duties are confined to attendance at and
participation in the meetings of the board of directors.
The amounts subject to withholding tax under this paragraph shall include
not only fees, but also per diems, allowances and any other form of income
payments not subject to withholding tax on compensation.
In the case of professional entertainers, professional athletes, directors
involved in movies, stage, radio, television and musical productions and other
recipients of talent fees, the amounts subject to withholding tax shall also include
amounts paid to them in consideration for the use of their names or pictures in
print, broadcast, or other media or for public appearances, for purposes of
advertisements or sales proportion.
Furthermore, in order to determine the applicable tax rate (10% or 15%) to
be applied/withheld by the withholding agent, every individual
professional/talent/corporate directors herein enumerated, shall periodically
disclose his gross income for the current year to the Bureau of Internal Revenue
(BIR) by submitting a notarized sworn declaration attached as Annex "A" hereof
in three (3) copies (two (2) copies for the BIR and one (1) copy for the
taxpayer), copy furnished all the current payors of the declaration duly stamped
received by the BIR (Collection Division of the Regional Office having
jurisdiction over the place where the income earner is registered/Large
Taxpayers Collection Division for large taxpayers in Metro Manila/LTDO for
large taxpayers outside Metro-Manila). Sworn declaration may likewise be
filed by the income payor on behalf of the professionals/talents/directors whose
services were being rendered exclusively to the aforesaid payor. The disclosure
should be filed on June 30 of each year or within fifteen (15) days after the end of
the month the professional/talent/director's income reaches P720,000, whichever
comes earlier. In case his total gross income is less than P720,000 as of June 30,
Copyright 2016
17
he/she shall submit a second disclosure within fifteen (15) days after the end of
the month that his/her gross income for the current year to date reaches P720,000.
The payee professional/talent/director shall furnish each payor a copy of the
BIR duly stamped received sworn declaration not later than five (5) days from
the date of receipt by the BIR. In case of failure to submit the June 30 annual
declaration/disclosure to the BIR, and to furnish the payor/s a copy thereof, the
payor shall withhold the tax at the rate of 15%.
The Collection Division/Large Taxpayers Collection Division/LTDO
shall transmit one (1) copy of the duly submitted notarized sworn declaration,
to the Withholding Tax Division within five (5) days from receipt thereof. The
remaining copy shall be the file copy of the concerned Regional Office/Large
Taxpayer Service/LTDO for monitoring purposes.
These requirements shall likewise apply to taxable juridical persons
(sworn declaration shall be executed by the president/managing partner of the
corporation/company), partners of general professional partnerships and
medical practitioners stated under sub-sections (B), (H) and (I) hereof.
Notwithstanding the foregoing, if an individual recipient receives
professional fees/talent fees/directors fees in addition to salaries from the same
payor, the said fees shall be considered as supplemental compensation and, thus be
subject to the withholding tax on compensation.
(B) Professional fees, talent fees, etc., for services of taxable juridical
persons.
On the gross professional, promotional and talent fees, or any
other form of remuneration enumerated in the preceding subparagraph for the
services of taxable juridical persons Fifteen percent (15%), if the gross
income for the current year exceeds P720,000; and Ten percent (10%), if
otherwise;
(C) Rentals
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(1)
Real properties. On gross rental for the continued use or

possession of real property used in business which the payor or
obligor has not taken or is not taking title, or in which he has no
equity Five percent (5%);
(2)
Personal properties. On gross rental or lease in excess of

Ten Thousand Pesos (P10,000.00) annually for the continued
use or possession of personal property used in business which
the payor or obligor has not taken or is not taking title, or in
which he has no equity, except those under financial lease
18
arrangements with leasing and finance companies authorized

to operate under Republic Act No. 8556 (Financing
Company Act of 1998). Five percent (5%)
(3)
Poles, satellites and transmission facilities. On gross rentals

or lease for the use of poles, satellites and/or transponder and
transmission facilities which include but not limited to the
following: switchboards, land lines/aerial cables, underground
cables and submarine cables Five percent (5%);
(4)
Billboards. On gross rentals or lease of spaces used in

posting advertisements in the form of billboards and/or
structures similar thereto, posted in public places such as, but
not limited to, buildings, vehicles, amusement places, malls,
street posts, etc. Five percent (5%)
(D) Cinematographic film rentals and other payments On gross

payments to resident individuals and corporate cinematographic film owners,
lessors or distributors Five percent (5%).
(E) Income payments to certain contractors
On gross payments to
the following contractors, whether individual or corporate Two percent (2%).
(1)
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General engineering contractors Those whose principal

contracting business in connection with fixed works requiring
specialized engineering knowledge and skill including the
following divisions or subjects:
(a)
Reclamation works;
(b)
Railroads;
(c)
Highways, streets and roads;
(d)
Tunnels;
(e)
Airports and airways;
(f)
Waste reduction plants;
(g)
Bridges, overpasses, underpasses and other similar

works;
(h)
Pipelines and other systems for the transmission of

petroleum and other liquid or gaseous substances;
19
(i)
Land leveling;
(j)
Excavating;
(k)
Trenching;
(l)
Paving; and
(m)
Surfacing work.
(2)
General Building contractors Those whose principal

contracting business is in connection with any structure built,
for the support, shelter and enclosure of persons, animals,
chattels, or movable property of any kind, requiring in its
construction the use of more than two unrelated building trades
or crafts, or to do or superintend the whole or any part thereto.
Such structure includes sewers and sewerage disposal plants
and systems, parks, playgrounds, and other recreational works,
refineries, chemical plants and similar industrial plants
requiring specialized engineering knowledge and skills,
powerhouse, power plants and other utility plants and
installation, mines and metallurgical plants, cement and
concrete works in connection with the above-mentioned fixed
works.
(3)
Specialty Contractors Those whose operations pertain to the

performance of construction work requiring special skill and
whose principal contracting business involves the use of
specialized building trades or crafts.
cdasia
(4)
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Other contractors
(a)
Filling, demolition and salvage work contractors and

operators of mine drilling apparatus;
(b)
Operators of dockyards;
(c)
Persons engaged in the installation of water system, and

gas or electric light, heat or power;
(d)
Operators of stevedoring, warehousing or forwarding

establishments;
(e)
Transportation contractors which include common

carriers for the carriage of goods and merchandise of
20
whatever kind by land, air or water, where the gross

payments by the payor to the same payee amounts to at
least two thousand pesos (P2,000) per month, regardless
of the number of shipments during the month;
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(f)
Printers, bookbinders, lithographers and publishers

except those principally engaged in the publication or
printing of any newspaper, magazine, review or bulletin
which appears at regular intervals, with fixed prices for
subscription and sale;
(g)
Messengerial, janitorial, private detective and/or security

agencies, credit and/or collection agencies and other
business agencies;
(h)
Advertising agencies, exclusive of gross payments to

media;
(i)
Independent producers of television, radio and stage

performances or shows;
(j)
Independent producers of "jingles";
(k)
Labor recruiting agencies and/or "labor-only"

contractors. For this purpose, any person who
undertakes to supply workers to an employer shall be
deemed to be engaged in "labor-only" contracting
where such person does not have substantial capital or
investment in the form of tools, equipment,
machineries, work premises and other materials and
the workers recruited and placed by such person are
performing activities which are directly related to the
principal business or operations of the employer
which the workers are habitually employed;
(l)
Persons engaged in the installation of elevators, central

air conditioning units, computer machines and other
equipment and machineries and the maintenance services
thereon;
(m)
Persons engaged in the sale of computer services,

computer
programmers,
software/program
developer/designer, internet service providers, web
page designing, computer data processing, conversion
21
or base services and other computer related activities;

(n)
Persons engaged in landscaping services;
(o)
Persons engaged in the collection and disposal of

garbage;
(p)
TV and radio station operators on sale of TV and radio

airtime; and
(q)
TV and radio blocktimers on sale of TV and radio

commercial spots.
(F) Income distribution to the beneficiaries. On income distributed to

the beneficiaries of estates and trust as determined under Sec. 60
of the
Code, except such income subject to final withholding tax and tax exempt income
Fifteen percent (15%);
(G) Income payments to certain brokers and agents.
On gross
commissions of customs, insurance, stock, immigration and commercial brokers,
fees of agents of professional entertainers and real estate service practitioners
(RESPs), (i.e., real estate consultants, real estate appraisers and real estate
brokers) who failed or did not take up the licensure examination given by and
not registered with the Real Estate Service under the Professional Regulations
Commission. Ten percent (10%).
(H) Income payments to partners of general professional partnerships.
Income payments made periodically or at the end of the taxable year by a
general professional partnership to the partners, such as drawings, advances,
sharings, allowances, stipends, etc. Fifteen percent (15%), if the income
payments to the partner for the current year exceeds P720,000; and Ten
percent (10%), if otherwise;
(I) Professional fees paid to medical practitioners.
Any amount
collected for and paid to medical practitioners (includes doctors of medicine,
doctors of veterinary science and dentists) by hospitals and clinics or paid directly
to the medical practitioners by health maintenance organizations (HMOs) and/or
similar establishments Fifteen percent (15%), if the income payments to the
medical practitioner for the current year exceeds P720,000; and Ten percent
(10%), if otherwise.
(a)
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It shall be the duty and responsibility of the hospitals, clinics,

HMOs and similar establishments to withhold and remit
22
taxes due on the professional fees of their respective

accredited medical practitioners, paid by patients who were
admitted and confined to such hospitals and clinics.
Hospitals, clinics, HMOs and similar establishments must
ensure that correct taxes due on the professional fees of their
medical practitioners have been withheld and timely
remitted to the Bureau of Internal Revenue (BIR). For this
purpose, hospitals and clinics shall not allow their medical
practitioners to receive payment of professional fees directly
from patients who were admitted and confined to such
hospital or clinic and, instead, must include the professional
fees in the total medical bill of the patient which shall be
payable directly to the hospital or clinic.
(b)
Exception The withholding tax herein prescribed shall not

apply whenever there is proof that no professional fee has in
fact been charged by the medical practitioner and paid by his
patient. Provided, however, that this fact is shown in a sworn
declaration jointly executed by the medical practitioner, and the
patient or his duly authorized representative, in case the patient
is a minor or otherwise incapacitated. This sworn declaration,
to be executed in the form presented in Annex "A" of these
Regulations, shall form part of the records of the hospital or
clinic and shall constitute as part of its records and shall be
made readily available to any duly authorized Revenue Officer
for tax audit purpose. Provided, further, that the said
administrator of the hospital or clinic shall inform the Revenue
District Office having jurisdiction over such hospital or clinic
about any medical practitioner who fails or refuses to execute
the sworn statement herein prescribed, within ten (10) days
from the occurrence of such event.
(c)
Hospitals and clinics shall submit the names and addresses of

medical practitioners in the following classifications, every 15th
day after the end of each calendar quarter, to the Collection
Division of the Revenue Region for non-large taxpayers and at
the Large Taxpayers Document Processing and Quality
Assurance Division (LTDP&QAD) in the National Office or
Large Taxpayers District Office (LTDO) in the Region for large
taxpayers, where such hospital or clinic is registered, using the
prescribed format.
(i)
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Medical practitioners whose professional fee was paid
23
by patients directly to the hospital or clinic.

(ii)
Medical practitioners who did

professional fee from their patients.
not
charge
any
(d)
For this purpose, the term 'medical practitioners' shall likewise

include medical technologists, allied health workers (e.g.,
occupational therapists, physical therapists, speech therapists,
nurses, etc.) and other medical practitioners who are not under
an employer-employee relationship with the hospital, clinic or
HMO and other similar establishments.
(e)
Hospitals and clinics shall be responsible for the accurate

computation of taxes to be withheld on professional fees paid
by patients thru the hospitals and clinics, in the same way that
HMOs shall be responsible for the computation of taxes to be
withheld from the professional fees paid by them to the medical
practitioners, and timely remittance of the 10% or 15%
expanded withholding tax, whichever is applicable.
The list of all income recipients-payees in this
Subsection shall be included in the Alphalist of Payees Subject
to Expanded Withholding Tax attached to BIR Form No.
1604-E (Annual Information Return of Creditable Income
Taxes Withheld (Expanded)/Income Payments Exempt from
Withholding Tax).
Likewise, the hospitals, clinics or HMOs shall issue a
Certificate of Creditable Tax Withheld at Source (BIR Form
No. 2307) to medical practitioners who are subjected to
withholding, every 20th day following the close of the taxable
quarter or upon request of the payee.
All hospitals and clinics shall submit to the BIR
(Collection Division of the Regional Office having
jurisdiction over the place where the income earner is
registered/Large Taxpayers Collection Division for large
taxpayers in Metro Manila/LTDO for large taxpayers
outside Metro Manila), in three (3) copies [two (2) copies for
the BIR and one (1) copy for the taxpayer], a sworn
statement executed by the president/managing partner of the
corporation/company as to the complete and updated list of
medical practitioners accredited with them.
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24
(J) Gross selling price or total amount of consideration or its equivalent

paid to the seller/owner for the sale, exchange or transfer of real property
classified as ordinary asset.
A creditable withholding tax based on the
gross selling price/total amount of consideration or the fair market value
determined in accordance with Section 6(E) of the Code, whichever is higher, paid
to the seller/owner for the sale, transfer or exchange of real property, other than
capital asset, shall be imposed upon the withholding agent,/buyer, in accordance
with the following schedule:
A. Where the seller/transferor is exempt from
creditable withholding tax in accordance with

Sec. 2.57.5 of these regulations
Exempt
B. Upon the following values of real property, where the seller/transferor is

habitually engaged in the real estate business:
With a selling price of Five Hundred Thousand Pesos
(P500,000.00) or less
1.5%
With a selling price of more than Five Hundred

Thousand Pesos (P500,000.00) but not more than
Two Million Pesos (P2,000,000.00)
3.0%
With a selling price of more than Two Million Pesos

(P2,000,000.00)
5.0%
C. Where the seller/transferor is not habitually engaged

in the real estate business
6.0%
Registration with the HLURB or HUDCC shall be sufficient for a
seller/transferor to be considered as habitually engaged in the real estate business.
If the seller/transferor is not registered with HLURB or HUDCC, he/it may prove
that he/it is engaged in the real estate business by offering other satisfactory
evidence (for example, he/it consummated during the preceding year at least six
taxable real estate transactions, regardless of amount). Notwithstanding the
foregoing, for purposes of these Regulations, banks shall not be considered as
habitually engaged in the real estate business.
Gross selling price shall mean the consideration stated in the sales
document or the fair market value determined in accordance with Section 6 (E) of
the Code, whichever is higher. In an exchange, the fair market value of the
property received in exchange shall be considered as the consideration.
If the buyer is an individual not engaged in trade or business, the following
Copyright 2016
25
rules shall apply:

(i)
If the sale is a sale of property on the installment plan (i.e.,

payments in the year of sale do not exceed twenty five percent
(25%) of the selling price), no withholding is required to be
made on the periodic installment payments. In such a case, the
applicable rate of tax based on the gross selling price or fair
market value of the property at the time of the execution of
the contract to sell, whichever is higher, shall be withheld on
the last installment or installments immediately prior to such
last installment, if the last installment is not sufficient to
cover the tax due, to be paid to the seller until the tax is fully
paid.
(ii)
If, on the other hand, the sale is on a "cash basis" or is a

"deferred-payment sale not on the installment plan" (that is,
payments in the year of sale exceed 25% of the selling price),
the buyer shall withhold the tax based on the gross selling price
or fair market value of the property, whichever is higher, on the
first installment.
However, if the buyer is engaged in trade or business,
whether a corporation or otherwise, these rules shall apply:
(i)
If the sale is a sale of property on the installment plan [i.e.,

payments in the year of sale do not exceed twenty five percent
(25%) of the selling price], the tax shall be deducted and
withheld by the buyer from every installment which tax shall
be based on the ratio of actual collection of the consideration
against the agreed consideration appearing in the Contract
to Sell applied to the gross selling price or fair market value
of the property at the time of the execution of the Contract to
Sell, whichever is higher.
The term 'consideration' refers to the selling price
exclusive of interest. Interest earned as an incident of
installment payment, if any, shall be subject to the ordinary
income tax rate.
(ii)
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If, on the other hand, the sale is on a "cash basis" or is a

"deferred-payment sale not on the installment plan" (that is,
payments in the year of sale exceed 25% of the selling price),
the buyer shall withhold the tax based on the gross selling price
26
or fair market value of the property, whichever is higher, on the

first installment.
In any case, no Certificate Authorizing Registration (CAR)/Tax Clearance
Certificate (TCL), shall be issued to the buyer unless the withholding tax due on
the sale, transfer, or exchange of real property has been fully paid.
For sale of property on installment basis or deferred payment basis
where the Contract to Sell is always executed before the execution of the Deed
of Sale, the said Contract to Sell must be attached to the Deed of Absolute Sale
executed upon completion of the payments and the duly notarized original
duplicate copy of both documents must be presented to the RDO having
jurisdiction of the place where the property is located for validation of the
correctness of issuance of CAR/TCL.
It is to be noted, however, that in case of sale of real property paid
under installment payment or deferred payment basis, the payment of the
documentary stamp tax (DST) shall accrue upon the execution of the Deed of
Absolute Sale but the basis for the imposition thereof shall be the gross selling
price or fair market value of the property, whichever is higher, at the time of
the execution of the Contract to Sell.
If upon completion of the payment of the purchase price of real property
classified as ordinary asset, but before the execution of the Deed of Sale, the
buyer decides to assign his right over the property to another person for a
consideration, the assignment shall be considered a separate sale of real
property and, therefore, subject to the creditable/expanded withholding tax
(EWT) or final withholding of capital gains tax, as the case may be, which
shall be withheld by the assignee of such property based on the consideration
per Deed of Assignment or the fair market value of such property at the time
of assignment, whichever is higher, and to the DST imposed under Sec. 196 of
the same Code using the same basis.
It is to be clarified, however, that sale of interest in real property (real
property purchased on installment covered by Contract to Sell which was sold
by the original buyer before it was fully paid) shall be taxable on the part of
the original buyer (now seller) based on the realized gain thereon which is
measured by the difference between the agreed consideration and the amount
actually paid by the said original buyer.
(K) Additional income payments to government personnel from importers,
shipping and airline companies, or their agents.
On gross additional
payments by importers, shipping and airline companies, or their agents to
Copyright 2016
27
government personnel for overtime services as authorized by law Fifteen

percent (15%);
For this purpose, the importers, shipping and airline companies or their
agents, shall be the withholding agents of the Government;
(L) Certain income payments made by credit card companies
On
one-half (1/2) of the gross amounts paid by any credit card company in the
Philippines to any business entity, whether natural or juridical person, representing
the sales of goods/services made by the aforesaid business entity to cardholders
One percent (1%)
(M) Income payments made by the top twenty thousand (20,000) private
corporations to their local/resident supplier of goods and local/resident supplier
of services other than those covered by other rates of withholding tax.
Income payments made by any of the top 20,000 private corporations, as

determined by the Commissioner, to their local/resident supplier of goods and
local/resident supplier of services, including non-resident aliens engaged in trade
or business in the Philippines. Provided, however, that for purchases involving
agricultural products in their original state, the tax required to be withheld under,
this sub-section shall only apply to purchases in excess of the cumulative amount
of Three Hundred Thousand Pesos (P300,000) within the same taxable year. For
this purpose, an agricultural product in their original state as used in these
Regulations, shall only include corn, coconut, copra, palay, rice, cassava,
coffee, fruit, vegetable, marine food product, poultry and livestock.
Supplier of goods One percent (1%)
Supplier of services Two percent (2%)
Top 20,000 private corporations shall include a corporate taxpayer who has
been determined and notified by the Bureau of Internal Revenue (BIR) as having
satisfied any of the following criteria:
Copyright 2016
(a)
Classified and duly notified by the Commissioner as a large

taxpayer under Revenue Regulations No. 1-98, as amended, or
belonging to the top five thousand (5,000) private corporations
under RR 12-94, or to the top ten thousand (10,000) private
corporations under RR 17-2003, unless previously de-classified
as such or had already ceased business operations (automatic
inclusion);
(b)
VAT payment or payable, whichever is higher, of at least

P100,000 for the preceding year;
28
(c)
Annual income tax due of at least P200,000 for the preceding

year;
(d)
Total percentage tax paid of at least P100,000 for the

preceding year;
(e)
Gross sales of P10,000,000 and above for the preceding year;
(f)
Gross purchases of P5,000,000 and above for the preceding

year;
(g)
Total excise tax payment of at least P100,000 for the

preceding year.
Illustrative example for agricultural products:

Question: How do we compute the 1% expanded withholding tax (EWT)
on purchases of palay, an agricultural product, made by ABC Corporation,
included in the BIR's list of Top 20,000 Private Corporations, from Mr. Ben
Soriano, a small supplier/planter based on the following information:
Number of
Transactions
Year
One
Two
One
One
2009
2010
2011
2012
Purchase Amount
P90,000.00
320,000.00
400,000.00
90,000.00
Answer:
Copyright 2016
1.
In 2009, the transaction is exempt from the 1% EWT since

the amount is less than P300,000.00.
2.
In 2010, only the amount in excess of P300,000.00 or

P20,000.00 shall be subject to the 1% EWT. Thus, the 1%
EWT shall be P200.00 (P20,000.00 x 1%).
3.
In 2011, the amount of P100,000.00 shall be subject to the

1% EWT since the amount is in excess of the P300,000.00
threshold. Therefore, the amount of P1,000.00 shall be
withheld (P100,000.00 x 1%).
4.
In 2012, the transaction is exempt from the 1% EWT since

the amount involved is only P90,000.00 which is below the
29
P300,000.00 threshold.
The term "goods" pertains to tangible personal property. It does not include
intangible personal property, as well as real property.
The term "local/resident suppliers of goods" pertains to a supplier from
whom any of the top twenty thousand (20,000) private corporations, as determined
by the Commissioner, regularly makes its purchases of goods. As a general rule,
this term does not include a casual purchase of goods, that is, purchase made from
a non-regular supplier and oftentimes involving a single purchase. However, a
single purchase which involves Ten thousand pesos (P10,000.00) or more shall be
subject to a withholding tax. The term "regular suppliers" refers to suppliers who
are engaged in business or exercise of profession/calling with whom the
taxpayer-buyer has transacted at least six (6) transactions, regardless of amount per
transaction, either in the previous year or current year. The same rules apply to
local/resident supplier of services other than those covered by separate rates of
withholding tax.
A corporation shall not be considered a withholding agent for purposes of
this Section, unless such corporation has been determined and duly notified in
writing by the Commissioner that it has been selected as one of the top twenty
thousand (20,000) private corporations.
Any corporation which has been duly classified and notified as large
taxpayer by the Commissioner pursuant to RR 1-98, as amended, shall be
automatically considered one of the top twenty thousand (20,000) private
corporations, provided, however, that its authority as a withholding agent shall be
effective only upon receipt of written notice from the Commissioner that it has
been classified as a large taxpayer, as well as one of the top twenty thousand
(20,000) private corporations, for purposes of these regulations.
Any corporation shall remain a withholding agent for purposes of these
regulations, unless the Commissioner notifies it in writing that it shall cease to be
one. The following, however, are some of the reasons that a taxpayer shall
automatically cease to be a withholding agent, and therefore no prior written
notice, for purposes of these regulations, is required, to wit:
Copyright 2016
(a)
closure/cessation of business/dissolution (for taxpayer with

notice of dissolution given to the BIR);
(b)
merger/consolidation (for dissolved or absorbed corporation);
(c)
any other form of business combination wherein by operation of

law a corporate taxpayer loses its juridical personality.
30
The withholding agent shall submit on a semestral basis a list of its regular
suppliers of goods and/or services to the Large Taxpayers Assistance
Division/Large Taxpayers District Office in the case of large taxpayers duly
notified as such pursuant to RR 1-98, as amended, or Revenue District Office
(RDO) having jurisdiction over the withholding agent's principal place of business
on or before July 31 and January 31 of each year.
A government-owned or -controlled corporation previously classified as one
of the top five thousand (5,000) corporations under RR 12-94, as amended, shall
cease to be a withholding agent or included in the top twenty thousand (20,000)
private corporations for purposes of these regulations but rather shall be treated as
one under the succeeding sub-section (N) since it is already withholding 1% or 2%
of the amount paid for the purchase of goods/services from local/resident
suppliers.
The Commissioner of Internal Revenue may recommend to the Secretary of
Finance the amendment/modification to any or all of the criteria in the
determination and selection of taxpayers forming part of the top twenty thousand
(20,000) private corporations after considering such factors as inflation, volume of
business, and similar factors. Provided, however, that the Commissioner is
empowered to conduct periodic review as to the number of taxpayers who ceased
to qualify under the category of top twenty thousand (20,000) private corporations
for purposes of delisting them or excluding them from the list and to identify
taxpayers to be added to the list of top twenty (20,000) private corporations.
All taxpayers previously included in the list of top 5,000 private
corporations under RR 12-94, as amended, and those who qualified as top ten
thousand (10,000) private corporations under RR 17-2003 shall continue to
withhold one percent (1%) for supplier of goods and 2% for supplier of services
upon the effectivity of these Regulations, unless any of the following situations
occur: (a) the Commissioner communicates in writing that they have ceased to
qualify as taxpayers includible in the list of top twenty thousand (20,000) private
corporations, or (b) those officially identified to have ceased business operations,
or undergone any of the business combinations wherein by operation of law the
juridical personality of said taxpayers ceased.
(N) Income payments made by the government to its local/resident
supplier of goods and local/resident supplier of services other than those covered
by other rates of withholding tax.
Income payments, except any casual or
single purchase of P10,000.00 and below, which are made by a government office,
national or local, including barangays, or their attached agencies or bodies, and
government-owned or controlled corporations, on their purchases of goods and
purchases of services from local/resident suppliers.
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31

A government-owned or controlled corporation shall withhold the tax in its
capacity as a government-owned or controlled corporation rather than as a
corporation stated in Subsection (M) hereof.
(O) Commissions of independent and/or exclusive sales representatives,
and marketing agents of companies.
On gross commissions, rebates,
discounts and other similar considerations paid/granted to independent and/or
exclusive sales representatives and marketing agents and sub-agents of companies,
including multi-level marketing companies, on their sale of goods or services by
way of direct selling or similar arrangements where there is no transfer of title
over the goods from the seller to the agent/sales representative. Ten percent
(10%)
'Multi-level marketing' is a system of direct selling in which consumer
products are sold by individuals where consumer products and services are
supplied by an established multi-level marketing company who encourages the
distributor to build and manage his own sales force by recruiting, motivating, and
training others to sell the product or service. A percentage on the sales of the
distributor's sales force would be his compensation in addition to his personal
sales.
'Multi-level marketing companies' means any entity that is engaged in the
sale of its products or services through individual that directly sell such products or
services to the consumers.
(P) Tolling fees paid to refineries. On the gross processing/tolling
fees paid to refineries for the conversion of molasses to its by-products and raw
sugar to refined sugar Five percent (5%)
(Q) Payments made by pre-need companies to funeral parlors.
On gross payments made by pre-need companies to funeral parlors for funeral

services rendered. One percent (1%)
(R) Payments made to embalmers.
On gross payments made to
embalmers for embalming services rendered to funeral companies. One
percent (1%)
For purposes of these regulations, all income payments paid to
sub-agents or their equivalent, whether paid directly or indirectly by the agent
or the owner of the goods, shall be subject to withholding tax in the same
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32
manner as that of the agent.

(S) Income payments made to suppliers of agricultural products.
Income payments made to agricultural suppliers such as, but not limited to,
payments made by hotels, restaurants, resorts, caterers, food processors,
canneries, supermarkets, livestock, poultry, fish and marine product dealers,
hardwares, factories, furniture shops and all other establishments, in excess of
the cumulative amount of Three Hundred Thousand Pesos (P300,000.00)
within the same taxable year. One percent (1%)
The term "agricultural suppliers" refers to suppliers/sellers of agricultural,
forest and marine food and non-food products, livestock and poultry of a kind
generally used as, or yielding or producing foods for human consumption, and
breeding stock and genetic materials therefor. "Livestock" shall include cow, bull
and calf, pig, sheep, goat and other animals similar thereto. "Poultry" shall
include fowl, duck, goose, turkey and other animals similar thereto. "Marine
product" shall include fish and crustacean, such as but not limited to, eel,
trout, lobster, shrimp, prawn, oyster, mussel and clam, shell and other aquatic
products.
Meat, fruit, fish, vegetable and other agricultural and marine food
products, even if they have undergone the simple processes of preparation or
preservation for the market, such as freezing, drying, salting, smoking or stripping,
including those using advanced technological means of packaging, such as shrink
wrapping in plastics, vacuum packing, tetra-pak and other similar packaging
method, shall still be covered by this subsection.
An agricultural food product shall include, but shall not be limited to
the following: corn, coconut, copra, palay, cassava, coffee, etc. Polished and/or
husked rice, corn grits and ordinary salt shall be considered as agricultural food
products.
(T) Income payments on purchases of minerals, mineral products and
quarry resources as defined and discussed in Section 151 of the Code.
Income payments on purchases of minerals, mineral products and quarry

resources, such as but not limited to silver, gold, marble, granite, sand, boulders
and other materials/products Five percent (5%)
(U) MERALCO Payments on the following:
(1)
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MERALCO Refund arising from Supreme Court Case G.R. No.

14814 of April 9, 2003 to customers under Phase IV as
approved by ERC On gross amount of refund given by
MERALCO to Customers with active contracts as classified by
33
MERALCO Twenty Five Percent (25%); To Customers with

terminated contracts Thirty Two Percent (32%); and
(2)
Interest income on the refund of meter deposits determined,

computed and paid in accordance with the "Rules to Govern
Refund of Meter Deposits to Residential and
Non-Residential Customers", as approved by the Energy
Regulatory Commission under Resolution No. 8, Series of
2008, dated June 4, 2008 implementing Article 8 of the
Magna Carta for Residential Electricity Consumers and
ERC Resolution No. 2005-10 RM (otherwise known as
DSOAR) dated January 18, 2006, exempting all electricity
consumers from the payment of meter deposit.
On gross amount of interest whether paid directly to the customers or

applied against customer's billing:
(i)
Residential and General Service customers whose monthly

electricity consumption exceeds 200 kwh as classified by
MERALCO Ten percent (10%);
(ii)
Non-Residential customers Twenty percent (20%);
(V)
Interest income on the refund paid either through direct
payment or application against customers' billings by other electric
Distribution Utilities (DUs) in accordance with the rules embodied in ERC
Resolution No. 8, Series of 2008, dated June 4, 2008, governing the refund of
meter deposits which was approved and adopted by ERC in compliance with
the mandate of Article 8 of the Magna Carta for Residential Electricity
Consumers and Article 3.4.2 of DSOAR, exempting all electricity consumers,
whether residential or non-residential, from the payment of meter deposit.
On gross amount of interest whether paid directly to the customers or
applied against customer's billing:
(i)
Residential and General Service customers whose monthly

electricity consumption exceeds 200 kwh as classified by the
concerned DU Ten percent (10%)
(ii)
Non-Residential Twenty percent (20%).
(W) Income payments made by the top five thousand (5,000) individual
taxpayers to their local/resident suppliers of goods and local/resident suppliers of
services other than those covered by other rates of withholding tax.
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34
Income payments made by the Top 5,000 individual taxpayers engaged in trade or
business in the Philippines, as determined by the Commissioner of Internal
Revenue, to their local/resident suppliers of goods and local/resident suppliers of
services other than those covered by other rates of withholding tax, including
non-resident aliens engaged in trade or business in the Philippines. Provided,
however, that for purchases involving agricultural products in their original state,
the tax required to be withheld under this sub-section shall only apply to purchases
in excess of the cumulative amount of Three Hundred Thousand Pesos (P300,000)
within the same year. For this purpose, agricultural products in their original
state as used in these Regulations, shall include only corn, coconut, copra,
palay, rice, cassava, coffee, fruit, vegetable, marine food product, poultry and
livestock.
Question: How do we compute the 1% expanded withholding tax (EWT) on
purchases of corn, an agricultural product, made by Mr. Miguel Andres, included
in the BIR's list of Top 5,000 Individual Taxpayers, from a small supplier/planter
and not a regular supplier (less than 6 transactions) based on the following
information:
Number of
Transactions
Year
Purchase Amount
Two
One
One
2009
2010
2011
P330,000.00
420,000.00
95,000.00
Answer:
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1.
In 2009, the amount in excess of P300,000.00 is subject to the

1% EWT; hence, withholding tax due of P300 shall be withheld
and remitted (P30,000 x 1%).
2.
In 2010, the amount in excess of P300,000.00 is subject to the

1% EWT, hence, withholding tax due of P1,200.00 shall be
withheld and remitted (P120,000.00 x 1%).
3.
In 2011, the transaction is not subject to the 1% EWT since the

amount is below the threshold of P300,000.00.
35

Question: How do we compute the 1% expanded withholding tax (EWT)
on purchases of corn, an agricultural product, made by Mr. Antonio Panganiban,
included in the BIR's list of Top 5,000 Individual Taxpayers, from a small
supplier/planter, a regular supplier of Mr. Panganiban, based on the following
information:
Number of
Transactions
Year
Purchase Amount
Seven
Ten
Two
2009
2010
2011
P100,000.00
310,000.00
130,000.00
Answer:
1.
In 2009, the total purchases is not subject to 1% EWT since the

amount is below the P300,000.00 threshold.
2.
In 2010, the EWT due is P100.00 since only the excess of

P10,000 shall be subject to the 1% EWT.
3.
In 2011, again the total purchases is not subject to 1% EWT

since the amount is below the threshold of P300,000.00.
Top 5,000 Individual Taxpayers shall refer to individual taxpayers engaged

in trade or business or exercise of profession who have been determined and
notified by the Bureau of Internal Revenue (BIR) as having satisfied any of the
following criteria:
Copyright 2016
a.
VAT payment or payable, whichever is higher, of at least

P100,000 for the preceding year;
b.
Annual income tax due of at least P200,000 for the preceding

year;
c.
Total percentage tax paid of at least P100,000 for the preceding

year;
d.
Gross sales of P10,000,000 and above for the preceding year;
e.
Gross purchases of P5,000,000 and above for the preceding

year;
f.
Total excise tax payment of at least P100,000 for the preceding
36
year.
For individuals classified as resident citizen with multiple lines of business,
the tax payments, gross sales and gross purchases shall be determined by taking
into consideration all lines of business inasmuch as he/she is required by Section
51(A)(4)(a) of the Tax Code to declare in his/her return his/her income from all
sources. In the case of other individuals (resident alien, non-resident alien and
non-resident citizen) engaged in trade or business in the Philippines, only those
derived in the Philippines shall be included in the computation of his/her gross
sales and purchases for purposes of determining if he/she shall qualify as top 5,000
individual taxpayer.
The term "goods" pertains to tangible personal property used in the ordinary
course of business and/or practice of profession. It does not include intangible
personal property as well as real property.
The term "local/resident supplier of goods" pertains to a supplier from
whom any of the top 5,000 individual taxpayers, as determined by the
Commissioner, regularly makes purchase of goods. As a general rule, this does not
include a casual purchase of goods, that is, purchase made from non-regular
suppliers and oftentimes involving single purchase. However, a single purchase of
goods other than agricultural products as defined in these Regulations which
involves ten thousand pesos (P10,000.00) or more shall be subject to withholding
tax. The term "regular suppliers" refer to suppliers who are engaged in business or
exercise of profession/calling with whom the taxpayer-buyer has transacted at least
six (6) transactions, regardless of the amount per transaction, either in the previous
year or current year. The same rule applies to local/resident suppliers of services
other than those covered by other rates of withholding tax.
An individual shall not be considered as withholding agent for purposes of
these Regulations unless such individual has been determined and duly notified in
writing by the Commissioner that he/she has been selected as one of the Top 5,000
Individual Taxpayers and shall remain as such unless the Commissioner notifies
such individual in writing that he/she shall cease to be one. A taxpayer shall cease
to be a withholding agent for purposes of these Regulations when the individual
submits to the BIR a notice of closure or cessation of all lines of business or fails
to meet all the criteria enumerated herein and a notice of deletion is issued to
him/her in writing by the Commissioner of Internal Revenue.
Top 5,000 Individual Taxpayers shall submit a list of regular suppliers of
goods and/or services to the Revenue District Officer having jurisdiction over their
principal place of business on or before July 31 and January 31 for the first and
second semester of each year, respectively, in diskette/CD format or through
e-submission. The technical specifications of the said list is prescribed in a
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37
separate revenue issuance. The initial list, however, shall be submitted within
fifteen (15) days from receipt of the notice as one of the Top 5,000 Individual
Taxpayers.
The Commissioner may recommend to the Secretary of Finance the
amendment to or modification of any or all of the criteria in the determination and
selection of taxpayers forming part of the top 5,000 individual taxpayers
considering such factors as inflation, volume of business and similar factors.
Provided, however, that the Commissioner is empowered to conduct a periodic
review as to the number of taxpayers who ceased to qualify under the category of
top five thousand individual taxpayers for purposes of delisting/excluding them
from the list and to identify taxpayers to be included in the list.
(X)
Income payments made by political parties and candidates of
local and national elections of all their purchase of goods and services as
campaign expenditures, and income payments made by individuals or juridical
persons for their purchases of goods and services intended to be given as campaign
contribution to political parties and candidates Five percent (5%).
(Y)
Interest income derived from any other debt instruments not
within the coverage of 'deposit substitutes' and Revenue Regulations No.
___-2012, unless otherwise provided by law or regulations Twenty Percent
(20%).
(Z)
Income payments to Real Estate Investment Trust (REIT).
Income payments made to corporate taxpayers duly registered with the Large
Taxpayers Regular Audit Division 3 (now Regular LT Audit Division 3) of the
Bureau of Internal Revenue, as REITs for purposes of availing the incentive
provisions of Republic Act No. 9856, otherwise known as "The Real Estate
Investment Trust Act of 2009", as implemented by RR No. 13-2011. One
percent (1%);
(AA)
Income payments on sugar. On gross payments on
purchases of sugar. One percent (1%).
1. Proprietors or operators of sugar mills/refineries on their mill share,
and buyers of Quedans or Molasses Storage Certificates from the sugar planters
on locally produced raw cane sugar, raw sugar and molasses shall withhold the
creditable income tax and remit the same to the BIR based on the following,
subject, however, to adjustment, when deemed necessary by the
Commissioner, depending on the prevailing market price of raw cane sugar,
raw sugar and molasses:
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38
1.1
For locally produced raw cane sugar and raw sugar the
composite price, in metric tons, governing the specified crop
year of raw cane sugar and raw sugar as reflected in one of
the reports (Annex "A") under the weekly Final Sugar
Production Bulletin duly issued by the Sugar Regulatory
Administration (SRA) on the date of sale, or actual selling
price, whichever is higher.
It shall be ensured that a copy of the weekly Final Sugar
Production Bulletin be officially transmitted by the SRA to
the Commissioner of Internal Revenue within twenty four
(24) hours from the date of issuance thereof.
1.2
For Molasses base price of FOUR THOUSAND PESOS

(P4,000.00) per metric ton or actual selling price, whichever
is higher.
2. Buyers of refined sugar, whether locally produced or imported,

shall withhold the creditable income tax based on the actual selling price
thereof.
For purposes of this subsection, the following terms shall have the
following meaning:
Copyright 2016
(i)
Buyers of Quedan or Molasses Storage Certificates refer to

traders or industry users duly accredited by the SRA who bid
and/or purchase the Quedans or Molasses Storage Certificates
from the sugar planters.
(ii)
Mill Share refers to payment to sugar mill/refinery by the

sugar planter for the milling of sugarcane. As such, it is
equivalent to a sale of locally produced raw sugar.
(iii)
Molasses Storage Certificate refers to the warehouse receipt

issued by a sugar mill/refinery to the owner, as stated therein,
attesting to the fact that the volume of molasses is stored at the
mill's facilities, with the commitment that it will be delivered to
the holder of said document upon demand.
(iv)
Sugar Mill/Refinery refers to a domestic company engaged

in the business of milling sugarcane into raw sugar, or in the
refining of raw sugar.
(v)
Sugar Planter refers to the original owner of sugarcane
39
brought to the mill for milling purposes.

(vi)
Sugar Regulatory Administration (SRA) refers to an agency

of the Philippine government under the Department of
Agriculture, responsible for promoting the growth and
development of the sugar industry, through greater participation
of the private sector, and for improving the working conditions
of the laborers, created by Executive Order No. 18, Series of
1986.
(vii)
Quedan refers to a warehouse receipt issued by a sugar

mill/refinery to the owner as stated therein, attesting to the fact
that the volume and class of sugar is kept at the said sugar
mill/refinery, and with the commitment that it will be delivered
to the holder of said document by the sugar mill's/refinery's
warehouseman upon demand. Quedan is issued in the name of
the proprietor or operator of the sugar mill/refinery, for its mill
share, and to the sugar planter, as owner of the sugarcane, as
certified by SRA representative at the sugar mill/refinery.
(viii) Trader refers to a domestic company or person given the

authority and license by the SRA to engage in the business of
trading sugar, molasses, or muscovado, as the case may be.
(ix)
Sugar refers to raw cane sugar, raw sugar and refined

sugar.
The Regional Director/Revenue District Officer, which has jurisdiction

over the physical location of the sugar mills/refineries, shall issue the Authority to
Release Locally Produced Raw Sugar/Raw Cane Sugar/Molasses (Annexes
"A" or "B", or "C" as applicable) or Authority to Release Locally Refined
Sugar (Annexes "D" or "E" as applicable) to the proprietors or operators, for
purposes of allowing the transfer/withdrawal of their mill share, or to the buyers of
Quedans or Molasses Storage Certificates on the locally produced sugar;
Provided, however, That, copies of proofs of payment of the creditable
withholding tax due thereon (i.e., duly validated Monthly Remittance Return of
Creditable Income Taxes Withheld (Expanded) [BIR Form No. 1601-E] and Bank
Payment/Deposit Slip/Revenue Official Receipt [BIR Form No. 2524]) shall have
been submitted and attached to the written request for said authorization.
Provided, finally, That, notwithstanding the presentation of proof of
exemption from the payment of income tax (e.g., BIR ruling, special law, etc.), the
concerned proprietor, or operator of the sugar mill/refinery, or any buyer of
Quedan or Molasses Storage Certificate is still required to withhold and remit the
Copyright 2016
40
creditable withholding tax.

SECTION 2.57.3. Persons Required to Deduct and Withhold.
The
following persons are hereby constituted as withholding agents for purposes of the
creditable tax required to be withheld on income payments enumerated in Section
2.57.2:
(A)
In general, any juridical person, whether or not engaged in trade

or business;
(B)
An individual, with respect to payments made in connection

with his trade or business;
However, insofar as taxable sales, exchanges or transfers
of real property are concerned, the buyers, whether or not
engaged in trade or business, are constituted as withholding
agents.
In any case, no Certificate Authorizing
Registration (CAR)/Tax Clearance Certificate (TCL) shall be
issued to the buyer unless the withholding tax due on the sale,
transfer or exchange of real property has been duly paid.
Since the tax herein involved and being withheld is income
tax, the burden of the tax is really upon the seller although the
mode of payment of the tax is through withholding by the
buyer. As such, the tax withheld is considered a part of the
consideration agreed between the seller and buyer resulting,
therefore, to a net take to the seller of only the difference
between the agreed consideration/selling price and the tax
withheld.
(C)
All government offices including government-owned or

controlled corporations, as well as provincial, city and
municipal governments and barangays.
(D)
All individuals, juridical persons and political parties, with

respect to their income payments made as campaign
expenditures and/or purchase of goods and services intended
as campaign contributions.
Agents, employees or any person purchasing goods or services/paying for

and in behalf of the aforesaid withholding agents shall likewise withhold in their
behalf, provided that the official receipts of payment/sales invoice shall be issued
in the name of the person whom the former represents and the corresponding
certificate of taxes withheld (BIR Form No. 2307) shall immediately be issued
Copyright 2016
41
upon withholding of the tax.

All income payments which are required to be subjected to withholding tax
shall be subject to the corresponding withholding tax rate to be withheld by the
person having control over the payment and who, at the same time, claims the
expenses, [e.g. payments to utility companies which are required to be subjected to
withholding tax shall likewise be subjected to withholding tax even if the meter or
billing statement (e.g. electric or water meter or the telephone bill) is not in the
name of the payor, as long as valid proof that payment of a particular expense is
being shouldered by the aforementioned payor (i. e. contract between the
registered user of the meter and the payor); payments made by persons who are
sharing portion of the bill which is in the name of another person as long as he is a
duly constituted withholding agent and shall only withhold on the portion of the
expense being shouldered by him].
Income payments made thru brokers or agents or other person authorized to
collect/receive payments for and on behalf of the payee, whether for consideration
or otherwise, shall likewise be subject to the corresponding withholding tax rates
to be withheld by the payor/person having control over the payment with the
corresponding issuance of certificate of taxes withheld in the name of the payee
whom the agent represents.
The obligation to withhold is imposed upon the buyer-payor of income
although the burden of tax is really upon the seller-income earner hence,
unjustifiable refusal of the latter to be subjected to withholding shall be a ground
for the mandatory audit of his income tax liabilities (including withholding tax)
upon verified complaint of the buyer-payor.
SECTION 2.57.4. Time of Withholding.
The obligation of the
payor to deduct and withhold the tax under Section 2.57 of these Regulations
arises at the time an income payment is paid or payable, or the income payment
is accrued or recorded as an expense or asset, whichever is applicable, in the
payor's books, whichever comes first. The term "payable" refers to the date the
obligation becomes due, demandable or legally enforceable.
Provided, however, that where income is not yet paid or payable but the
same has been recorded as an expense or asset, whichever is applicable, in the
payor's books, the obligation to withhold shall arise in the last month of the
return period in which the same is claimed as an expense or amortized for tax
purposes.
Example X Corporation, a domestic corporation which reports
income and expenses on a calendar year basis, issues 2-year bonds with face
value of P100,000,000 at a discount amounting to P6,000,000 on January 1,
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42
2002 to twenty five (25) investors. It records in its books the amortized portion
of the discount as expense in the amount of P250,000/month (P6,000,000
divided by 24 months).
Since the discount is not yet paid or payable but the aliquot portion of
which has already been recorded as expense for tax purposes, the withholding
of the 20% final tax shall be done on the last month of the quarter when the
same has been claimed as an expense in the quarterly income tax returns/final
adjustments returns filed by X Corporation.
Thus, in the above illustration, the amortized discount to be recorded by
X Corporation for the months of January, February and March 2002
amounting to P750,000 shall be subject to 20% final tax of P150,000 come
March 2002, which tax shall be remitted within 10 days after the quarter
ending March 2002 (that is, on or before April 10, 2002). The said withholding
tax shall be reported in its Monthly Remittance Return of Final Income Taxes
Withheld required to be filed in April 2002. On the other hand, for the
calendar quarter ending December 2002, the withholding of the final tax for
the amortized discount pertaining to the months of October, November and
December shall be done in December 2002 and the remittance thereof shall be
on or before January 15, 2003. The said withholding tax shall be reported in
its Monthly Remittance Return of Final Income Taxes Withheld required to be
filed in January 2003.
SECTION 2.57.5. Exemption from Withholding.
The withholding
of creditable withholding tax prescribed in these Regulations shall not apply to
income payments made to the following:
(A)
National government agencies and its instrumentalities

including provincial, city, municipal governments and
barangays except government-owned and controlled
corporations.
(B)
Persons enjoying exemption from payment of income taxes

pursuant to the provisions of any law, general or special, such
as but not limited to the following:
(1)
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Sales of real property by a corporation which is

registered with and certified by the Housing and Land
Use Regulatory Board (HLURB) or HUDCC as engaged
in socialized housing project where the selling price of
the house and lot or only the lot does not exceed one
hundred eighty thousand pesos (P180,000) in Metro
43
Manila and other highly urbanized areas and one

hundred fifty thousand pesos (P150,000) in other areas
or such adjusted amount of selling price for socialized
housing as may later be determined and adopted by the
HLURB, as provided under Republic Act No. 7279
and its implementing regulations;
(2)
Corporations duly registered with the Board of

Investments, Philippine Export Processing Zones and
Subic Bay Metropolitan Authority enjoying
exemption from income tax pursuant to E.O. 226, as
amended, R.A. 7916,
the Omnibus Investment
Code of 1987
and R.A. 7227, as amended,
respectively;
(3)
Corporations which are exempt from the income tax

under Sec. 30
of the NIRC, to wit: the Government
Service Insurance System (GSIS), the Social Security
System (SSS), the Philippine Health Insurance
Corporation (PHIC), the Philippine Charity Sweepstakes
Office (PCSO) and the Philippine Amusement and
Gaming Corporation (PAGCOR); However, the income
payments arising from any activity which is conducted
for profit or income derived from real or personal
property shall be subject to a withholding tax as
prescribed in these regulations;
(4)
General professional partnerships;
(5)
Joint ventures or consortium formed for the purpose

of undertaking construction projects or engaging in
petroleum, coal, geothermal & other energy
operations pursuant to an operating or consortium
agreement under a service contract with the
government.
SECTION 2.58.
Returns and Payment of Taxes Withheld at Source.
(A) Monthly return and payment of taxes withheld at source
(1) WHERE TO FILE Creditable withholding taxes (Expanded

Withholding Tax) deducted and withheld by the withholding agent shall be
remitted by accomplishing the Monthly Remittance Return of Creditable Income
Copyright 2016
44
Taxes Withheld (BIR Form No. 1601-E) and for final taxes Monthly Remittance
Return of Final Taxes Withheld (BIR Form No. 1601-F) in triplicate copies with
Monthly Alphalist of Payees (MAP), the tax base and the amount withheld paid
upon filing the return with the authorized agent banks under the jurisdiction of the
Revenue District Office (RDO)/Large Taxpayers District Office (LTDO) where
the withholding agent is required to register and file the return. In places where
there is no authorized agent bank, the return shall be filed directly with the
Revenue Collection Officer or the duly authorized Municipal/City treasurer of the
Revenue District Office where the withholding agent is required to register or file
the return, except in cases where the Commissioner otherwise permits.
Those not engaged in trade/business or practice of profession for a
limited time during the election period designated as withholding agent
pursuant to Section 2.57.3 (D) and required to withhold income payment under
2.57.2 (X) using only Alphanumeric Tax Code Withholding Tax Individual
(WI) 680 or Withholding Tax Corporation (WC) 680 in the remittance of taxes
withheld using Monthly Remittance Return on Creditable Withholding Taxes
at Source (BIR Form No. 1601-E) shall not be required to attach the Monthly
Alphalist of Payees (MAP).
(2) WHEN TO FILE
(a)
For both large

and non-large taxpayers, the withholding
tax return, whether creditable or final (including final
withholding taxes on interest from any currency bank deposit
and yield or any other monetary benefit from deposit substitutes
and from trust funds and similar arrangements) shall be filed
and payments should be made, within ten (10) days after the
end of each month, except for taxes withheld for the month of
December of each year, which shall be filed on or before
January 15 of the following year; and except for the final
capital gains tax on the sale or other onerous disposition of real
property considered as capital asset which must be
taken/withheld from the seller by the buyer and remitted within
thirty (30) days from the date of notarization of the transfer
document to the collecting agent of the RDO having jurisdiction
over the place where the property is located.
MERALCO and other Distribution Utilities (DUs)
required to withhold taxes pursuant to Sec. 2.57.2 (U) and (V)
above shall submit a Monthly Alphalist of Payees (MAP)
(Annex "A") for each calendar quarter, which shall be
electronically attached to the monthly remittance return of the
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45
calendar quarter (e.g., BIR Form 1601-E for the quarter ending
March with attached MAP for January, February, March). It
shall contain an alphalist of customers from whom taxes have
been withheld for the return period and in whose behalf, the
taxes were remitted under BIR Form No. 1601-E showing the
total amount of income and taxes withheld and remitted.
Nonetheless, in case of disposition of real property
classified as capital asset by an individual to the government,
the tax to be imposed shall be determined either under the
normal income tax rate imposed in Sec. 24(A) or under a final
capital gains tax of six percent (6%) imposed under Sec.
24(D)(1) of the Code, at the option of the taxpayer-seller. Thus,
if the seller chooses the first option, the buyer does not have to
withhold the six percent (6%) final capital gains tax but no
Certificate Authorizing Registration shall be issued for the
transaction until the seller or the buyer shows the seller's filed
income tax return reflecting the result of the subject real estate
transaction.
(b)
With respect, however, to taxpayers, whether large or

non-large, who availed of the electronic filing and payment
system (EFPS), the deadline for electronically filing the
applicable withholding tax returns and paying the taxes due
thereon via the EFPS shall be five (5) days later than the
deadlines set above, unless the EFPS regulations provide for
different deadline dates and except for the final capital gains tax
on the sale, barter or exchange of real property where the law
fixes a definite deadline for the payment thereof.
(c)
The return for final withholding taxes on interest from any

currency bank deposit and yield or any other monetary benefit
from deposit substitutes and from trust funds and similar
arrangements shall be filed and the payment made within
twenty five (25) days from the close of each calendar quarter.
(B) Withholding tax statement for taxes withheld

Every payor
required to deduct and withhold taxes under these regulations shall furnish, in
triplicate, each payee, whether individual or corporate, with a withholding tax
statement, using the prescribed form (BIR Form No. 2307) showing the income
payments made and the amount of taxes withheld therefrom, for every month of
the quarter, within twenty (20) days following the close of the taxable quarter
employed by the payee in filing his/its quarterly income tax return. The payor,
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46
nonetheless, should always retain a copy of duly issued BIR Form No. 2307.
Failure to furnish the same shall be a ground for the mandatory audit of
payor's income tax liabilities (including withholding tax) upon verified
complaint of the payee.
For final withholding taxes, the statement should be given to the payee on
or before January 31 of the succeeding year.
Upon request of the payee, however, the payor must furnish such certificate
simultaneously with the income payment.
(C) Annual information return for income tax withheld at source.
The payor is required to file with the BIR-Large Taxpayers Assistance Division,
Large Taxpayer District Office or Excise Taxpayers Assistance Division, or the
Revenue District Office where the payor/employer is registered as Withholding
Agent, on or before March 1 of the following year in which payments were made,
an Annual Information Return of Creditable Taxes Withheld (Expanded)/Income
Payments Exempt from Withholding Tax (BIR Form No. 1604E) except
withholding agents for a limited time during the election period under Sec.
2.57.3(D) who are not engaged in business or practice of profession and using
only Alphanumeric Tax Code Withholding Tax Individual (WI) 680 or
Withholding Tax Corporation (WC) 680 whose due date shall be within thirty
(30) days after the day of election, and on or before January 31 of the said year
an Annual Information Return on Income Taxes Withheld on Compensation and
Final Withholding Taxes (BIR Form No. 1604-CF), showing among other the
following information:
(1)
Name, address and taxpayer's, identification number (TIN); and
(2)
Nature of income payments, gross amount and amount of tax

withheld from each payee and such other information as may be
required by the Commissioner.
If the payor is the Government of the Philippines or any political

subdivision or agency thereof, or any government-owned or controlled
corporation, the return shall be made by the officer or employee having control of
the payments or by any designated officer or employee.
An individual whose sole income has been subjected to final withholding
tax provided under Section 57(A) shall not be required to file an income tax return
pursuant to Section 51(A)(2)(c) of the Tax Code. For purposes of documentation,
as may be required by other agencies in the government (including, but not limited
to, the Bureau of Immigration as well as for purposes of establishing financial
capacity for bank loans or credit card application in private and public entities and
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47
other purposes, BIR Form No. 2306 duly signed by the employer and the
employee shall suffice. The term "an individual whose compensation income has
been subjected to final withholding tax" shall include aliens or Filipino citizens
occupying the same positions as the alien employees, as the case may be, who are
employed by regional operating headquarters, regional or area headquarters,
offshore banking units, petroleum service contractors and sub-contractors,
pursuant to pertinent provisions of Sections 25(C), (D), (E) and 57(A) of the Tax
Code of 1997, Republic Act No. 8756, Presidential Decree No. 1354, and other
pertinent laws.
SECTION 2.58.1. Income of Recipient. Income upon which any
creditable tax is required to be withheld at source shall be included in the return of
its recipient. The excess of the withheld tax over the tax due on his return shall be
refunded to him subject to the authority of the Commissioner to refund taxes under
Sec. 204
of the NIRC. 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 Sec. 56
of the Code.
The taxes withheld by the withholding agents shall be maintained in
separate accounts and should not be commingled with any other funds of the
withholding agent. They shall be considered as a trust fund held for government
until they are remitted.
SECTION 2.58.2. Registration with the Register of Deeds.
Deeds
of conveyances of land or land and building/improvement thereon arising from
sales, barters, or exchanges subject to the creditable expanded withholding tax
shall not be recorded by the Register of Deeds unless the Commissioner or his
duly authorized representative has certified that such transfers and conveyances
have been reported and the expanded withholding tax, inclusive of the
documentary stamp tax, due thereon have been fully paid, pursuant to the
provisions of Sections 57 and 196
of the Code, respectively.
The Register of Deeds shall annotate on the Original Certificate of Title,
Transfer Certificate of Title or Condominium Certificate of Title of the said
property such information required under Section 58(E)
of the Tax Code. In
case of any violation of the said requirement, he shall be liable to the penalties
provided under Section 269
of the said Tax Code.
SECTION 2.58.3. Claim for Tax Credit or Refund.
(A) The amount of creditable tax withheld shall be allowed as a tax credit
against the income tax liability of the payee in the quarter of the taxable year in
which income was earned or received.
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48
(B) Claims for tax credit or refund of any creditable income tax which was
deducted and withheld on income payments shall be given due course only when it
is shown that the income payment has been declared as part of the gross income
and the fact of withholding is established by a copy of the withholding tax
statement duly issued by the payor to the payee showing the amount paid and the
amount of tax withheld therefrom.
Proof of remittance is the responsibility of the withholding agent.
(C) Excess Credits An individual or corporate taxpayer's excess
expanded withholding tax credits for the taxable quarter/year shall automatically
be allowed as a credit against his income tax due for the taxable quarters/years
immediately succeeding the taxable quarters/years in which the excess credit
arose, provided he submits with his income tax return, a copy of the first page of
his income tax return for the previous taxable period showing the amount of his
excess withholding tax credits, and on which return he has not opted for a cash
refund or tax credit certificate.
cdtai
(1) If in lieu of the automatic application of his excess credit, the taxpayer
wants a cash refund or a tax credit certificate for use in payment of his other
national internal revenue tax liabilities, he shall make a written request therefor,
within two years after the payment of the tax (Ref. Secs. 204(c) and 229 of the
Code
), provided however, that if the taxpayer has indicated in his income tax
return his option for either a cash refund or a tax credit certificate, such indication
shall be considered sufficient for the purpose. Upon filing of his request, the
taxpayer's income tax return showing the excess expanded withholding tax credits
shall be examined. The excess expanded withholding tax so determined, shall be
refunded/credited to the taxpayer.
(2) Sample computation of application of excess credits-ordinary
Taxable Period
1997
1998-QTR1
1998-QTR2
1998-QTR3
Tax Due
1,000
200
200
500
Less: Tax
Withheld
(1,500)
(500)
(300)
Net Tax
Payable/
Creditable
(500)
(300)
(100)
500
In the above illustration, there is an excess credit in 1997 that can be

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49
applied to the subsequent quarter. And if the option to apply the excess credit is
initiated in the first quarter of 1998, the taxpayer cannot avail of a refund/tax credit
certificate of the excess credit of P500 in 1997.
SECTION 2.58.4. Verification of Returns and Statement.
Any
return, statement or other documents required to be filed under these Regulations
shall contain a written declaration that it is made under penalties of perjury and
such declaration shall be under oath.
It shall be the duty of tax officials to accept the income tax return or other
documents submitted under oath.
SECTION 2.58.5. Requirement for Deductibility.
Any income
payment which is otherwise deductible under the Code shall be allowed as a
deduction from the payor's gross income only if it is shown that the income tax
required to be withheld has been paid to the Bureau in accordance with Secs. 57
and 58 of the Code.
A deduction will also be allowed in the following cases where no
withholding of tax was made:
LexLib
(A)
The payee reported the income and pays the tax due thereon
and the withholding agent pays the tax including the interest
incident to the failure to withhold the tax, and surcharges, if
applicable, at the time of the audit investigation or
reinvestigation/reconsideration.
(B)
The recipient/payee failed to report the income on the due date

thereof, but the withholding agent/taxpayer pays the tax,
including the interest incident to the failure to withhold the tax,
and surcharges, if applicable, at the time of the
audit/investigation or reinvestigation/reconsideration.
(C)
The withholding agent erroneously underwithheld the tax but

pays the difference between the correct amount and the amount
of tax withheld, including the interest, incident to such error,
and surcharges, if applicable, at the time of the
audit/investigation or reinvestigation/reconsideration.
Items of deduction representing return of capital such as those

pertaining to purchases of raw materials forming part of finished product or
purchases of goods for resale, shall be allowed as deductions upon the
withholding agent's payment of the basic withholding tax and penalties
incident to non-withholding or underwithholding.
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SECTION 2.58.6. Tax Paid by Recipient of Income. Every person who

is required to withhold the tax from the compensation of an employee is liable for
the payment of such tax to the BIR. Such liability stays even if the employee
subsequently pays the tax. The payment of the tax by the employee does not
relieve the employer from the liability for penalties and/or additions to the tax for
failure to deduct and withhold within the time prescribed by law or regulations.
The employer will not be relieved of his liability for payment of the tax required to
be withheld unless he can show that the tax has been paid by the employee. The
amount of any tax withheld/collected by the employer is a special fund in trust for
the government of the Philippines.
SECTION 2.78. Withholding Tax on Compensation. The withholding
of tax on compensation income is a method of collecting the income tax at source
upon receipt of the income. It applies to all employed individuals whether citizens
or aliens, deriving income from compensation for services rendered in the
Philippines. The employer is constituted as the withholding agent.
SECTION 2.78.1. Withholding of Income Tax on Compensation Income.
(A) Compensation Income Defined.
In general, the term
"compensation" means all remuneration for services performed by an employee for
his employer under an employer-employee relationship, unless specifically
excluded by the Code.
The name by which the remuneration for services is designated is
immaterial. Thus, salaries, wages, emoluments and honoraria, allowances,
commissions (e.g., transportation, representation, entertainment and the like); fees
including director's fees, if the director is, at the same time, an employee of the
employer/corporation; taxable bonuses and fringe benefits except those which are
subject to the fringe benefits tax under Sec. 33
of the Code; taxable pensions
and retirement pay; and other income of a similar nature constitute compensation
income.
The basis upon which the remuneration is paid is immaterial in determining
whether the remuneration constitutes compensation. Thus, it may be paid on the
basis of piece-work, or a percentage of profits; and may be paid hourly, daily,
weekly, monthly or annually.
cdrep
Remuneration for services constitutes compensation even if the relationship

of employer and employee does not exist any longer at the time when payment is
made between the person in whose employ the services had been performed and
the individual who performed them.
(1) Compensation paid in kind. Compensation may be paid in money
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51
or in some medium other than money, as for example, stocks, bonds or other forms
of property. If services are paid for in a medium other than money, the fair market
value of the thing taken in payment is the amount to be included as compensation
subject to withholding. If the services are rendered at a stipulated price, in the
absence of evidence to the contrary, such price will be presumed to be the fair
market value of the remuneration received. If a corporation transfers to its
employees its own stock as remuneration for services rendered by the employee,
the amount of such remuneration is the fair market value of the stock at the time
the services were rendered.
Where compensation is paid in property other than money, the employer
shall make necessary arrangements to ensure that the amount of the tax required to
be withheld is available for payment to the Commissioner.
(2) Living quarters or meals. If a person receives a salary as
remuneration for services rendered, and in addition thereto, living quarters or
meals are provided, the value to such person of the quarters and meals so furnished
shall be added to the remuneration paid for the purpose of determining the amount
of compensation subject to withholding. However, if living quarters or meals are
furnished to an employee for the convenience of the employer, the value thereof
need not be included as part of compensation income.
(3) Facilities and privileges of relatively small value.
Ordinarily,
facilities, and privileges (such as entertainment, medical services, or so-called
"courtesy" discounts on purchases), otherwise known as "de minimis benefits,"
furnished or offered by an employer to his employees, are not considered as
compensation subject to income tax and consequently to withholding tax, if such
facilities or privileges are of relatively small value and are offered or furnished by
the employer merely as means of promoting the health, goodwill, contentment, or
efficiency of his employees.
The following shall be considered as "de minimis" benefits not subject to
income tax as well as withholding tax on compensation income of both managerial
and rank and file employees:
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(a)
Monetized unused vacation leave credits of private employees

not exceeding ten (10) days during the year;
(b)
Monetized value of vacation and sick leave credits paid to

government officials and employees;
(c)
Medical cash allowance to dependents of employees, not

exceeding P750 per employee per semester or P125 per month;
52
(d)
Rice subsidy of P1,500 or one (1) sack of 50 kg. rice per month
amounting to not more than P1,500;
(e)
Uniform and Clothing allowance not exceeding P5,000 per

annum;
(f)
Actual medical assistance, e.g., medical allowance to cover

medical and healthcare needs, annual medical/executive
check-up, maternity assistance, and routine consultations, not
exceeding P10,000.00 per annum;
(g)
Laundry allowance not exceeding P300 per month;
(h)
Employees achievement awards, e.g., for length of service or

safety achievement, which must be in the form of a tangible
personal property other than cash or gift certificate, with an
annual monetary value not exceeding P10,000 received by the
employee under an established written plan which does not
discriminate in favor of highly paid employees;
(i)
Gifts given during Christmas and major anniversary

celebrations not exceeding P5,000 per employee per annum;
(j)
Daily meal allowance for overtime work and night/graveyard

shift not exceeding twenty-five percent (25%) of the basic
minimum wage on a per region basis;
(k)
Benefits received by an employee by virtue of a collective

bargaining agreement (CBA) and productivity incentive
schemes provided that the total annual monetary value
received from both CBA and productivity incentive schemes
combined do not exceed ten thousand pesos (Php10,000.00)
per employee per taxable year;
All other benefits given by employers which are not included in the above
enumeration shall not be considered as "de minimis" benefits, and hence, shall be
subject to income tax as well as withholding tax on compensation income.
Any amount given by the employer as benefits to its employees, whether
classified as "de minimis" benefits or fringe benefits, shall constitute as deductible
expense upon such employer.
Where compensation is paid in property other than money, the employer
shall make necessary arrangements to ensure that the amount of the tax required to
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53
be withheld is available for payment to the Bureau of Internal Revenue.

(4) Tips and gratuities. Tips or gratuities paid directly to an employee
by a customer of the employer which are not accounted for by the employee to the
employer are considered as taxable income but not subject to withholding.
(5) Pensions, retirement and separation pay.
Pensions, retirement
and separation pay constitute compensation subject to withholding, except those
provided under Subsection B of this section.
(6) Fixed or variable transportation, representation and other allowances
(a)
IN GENERAL, fixed or variable transportation, representation

and other allowances which are received by a public officer or
employee of a private entity, in addition to the regular
compensation fixed for his position or office, is compensation
subject to withholding.
Provided, however, that
Representation and Transportation Allowance (RATA) granted
to public officers and employees under the General
Appropriations Act and the Personnel Economic Relief
Allowance (PERA) which essentially constitute reimbursement
for expenses incurred in the performance of government
personnel's official duties shall not be subject to income tax and
consequently to withholding tax. Provided further, that pursuant
to E.O. 219
which took effect on January 1, 2000,
Additional Compensation Allowance (ACA) given to
government personnel shall not be subject to withholding tax
pending its formal integration into the basic pay. Consequently,
and effective for the taxable year 2000, ACA shall be classified
as part of the "other benefits" under Section 32(B)(7)(e) of the
Code which are excluded from gross compensation income
provided the total amount of such benefits does not exceed
P30,000.00.
(b)
Any amount paid specifically, either as advances or

reimbursements for travelling, representation and other
bonafide ordinary and necessary expenses incurred or
reasonably expected to be incurred by the employee in the
performance of his duties are not compensation subject to
withholding, if the following conditions are satisfied:
(i)
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It is for ordinary and necessary travelling and

representation or entertainment expenses paid or
54
incurred by the employee in the pursuit of the trade,

business or profession; and
(ii)
The employee is required to account/liquidate for the

expenses in accordance with the specific requirements of
substantiation for each category of expenses pursuant to
Sec. 34
of the Code. The excess of advances made
over actual expenses shall constitute taxable income if
such amount is not returned to the employer. Reasonable
amounts of reimbursements/advances for travelling and
entertainment expenses which are pre-computed on a
daily basis and are paid to an employee while he is on an
assignment or duty need not be subject to the
requirements of substantiation and to withholding.
(7) Vacation and sick leave allowances. Amounts of "vacation

allowances or sick leave credits" which are paid to an employee constitute
compensation. Thus, the salary of an employee on vacation or on sick leave, which
is paid notwithstanding his absence from work constitutes compensation.
However, the monetized value of unutilized vacation leave credits of ten (10) days
or less which are paid to private employees during the year and the monetized
value of leave credits paid to government officials and employees shall not be
subject to income tax and consequently to withholding tax.
(8) Deductions made by employer from compensation of employee.
Any amount which is required by law to be deducted by the employer from the
compensation of an employee including the withheld tax is considered as part of
the employee's compensation and is deemed to be paid to the employee as
compensation at the time the deduction is made.
(9) Remuneration for services as employee of a nonresident alien
individual or foreign entity. The term "compensation" includes remuneration
for services performed by an employee of a nonresident alien individual, foreign
partnership or foreign corporation, whether or not such alien individual or foreign
entity is engaged in trade or business within the Philippines. Any person paying
compensation on behalf of a non-resident alien individual, foreign partnership, or
foreign corporation which is not engaged in trade or business within the
Philippines is subject to all provisions of law and regulations applicable to an
employer.
(10) Compensation for services performed outside the Philippines.
Remuneration for services performed outside the Philippines by a resident citizen
for a domestic or a resident foreign corporation or partnership, or for a
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55
non-resident corporation or partnership, or for a non-resident individual not

engaged in trade or business in the Philippines shall be treated as compensation
which is subject to tax.
A non-resident citizen as defined in these regulations is taxable only on
income derived from sources within the Philippines. In general, the situs of the
income whether within or without the Philippines, is determined by the place
where the service is rendered.
(B) Exemptions from withholding tax on compensation.
The
following income payments are exempted from the requirement of withholding tax
on compensation:
(1) Remunerations received as an incident of employment, as follows:
(a)
(b)
Retirement benefits received under Republic Act under 7641

and those received by officials and employees of private
firms, whether individual or corporate, under a reasonable
private benefit plan maintained by the employer which meet the
following requirements:
(i)
The plan must be reasonable;
(ii)
The benefit plan must be approved by the Bureau;
(iii)
The retiring official or employee must have been in the

service of the same employer for at least ten (10) years
and is not less than fifty (50) years of age at the time of
retirement; and
(iv)
The retiring official or employee should not have

previously availed of the privilege under the retirement
benefit plan of the same or another employer.
Any amount received by an official or employee or by his heirs

from the employer due to death, sickness or other physical
disability or for any cause beyond the control of the said
official or employee, such as retrenchment, redundancy, or
cessation of business.
cdrep
The phrase "for any cause beyond the control of the said
official or employee" connotes involuntariness on the part of
the official or employee. The separation from the service of the
official or employee must not be asked for or initiated by him.
The separation was not of his own making. Whether or not the
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separation is beyond the control of the official or employee,

being essentially a question of fact, shall be determined on the
basis of prevailing facts and circumstances. It shall be duly
established by the employer by competent evidence which
should be attached to the monthly return for the period in which
the amount paid due to the involuntary separation was made.
Amounts received by reason of involuntary separation
remain exempt from income tax even if the official or the
employee, at the time of separation, had rendered less than ten
(10) years of service and/or is below fifty (50) years of age.
Any payment made by an employer to an employee on
account of dismissal, constitutes compensation regardless of
whether the employer is legally bound by contract, statute, or
otherwise, to make such payment.
(c)
Social security benefits, retirement gratuities, pensions and

other similar benefits received by residents or non-resident
citizens of the Philippines or aliens who come to reside
permanently in the Philippines from foreign government
agencies and other institutions private or public;
(d)
Payments of benefits due or to become due to any person

residing in the Philippines under the law of the United States
administered by the United States Veterans Administration;
(e)
Payments of benefits made under the Social Security System

Act of 1954 as amended
; and
(f)
Benefits received from the GSIS Act of 1937, as amended,

and the retirement gratuity received by government
officials and employees.
(2) Remuneration paid for agricultural labor
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(a)
Remuneration for services which constitute agricultural labor

and paid entirely in products of the farm where the labor is
performed is not subject to withholding. In general, however,
the term, "agricultural labor" does not include services
performed in connection with forestry, lumbering or
landscaping.
(b)
Remuneration paid entirely in products of the farm where the
57
labor is performed by an employee of any person in connection

with any of the following activities is excepted as remuneration
for agricultural labor:
(c)
(i)
The cultivation of soil;
(ii)
The raising, shearing, feeding, caring for, training, or

management of livestock, bees, poultry, or wildlife; or
(iii)
The raising or harvesting of any other agricultural or

horticultural commodity. The term "farm" as used in this
subsection includes, but is not limited to stock, dairy,
poultry, fruits and truck farms, plantations, ranches,
nurseries ranges, orchards, and such greenhouse and
other similar structures as are used primarily for the
raising of agricultural or horticultural commodities.
The remuneration paid entirely in products of the farm where

labor is performed for the following services in the employ of
the owner or tenant or other operator of one or more farms is
not considered as remuneration for agricultural labor, provided
the major part of such services is performed on a farm:
(i)
Services performed in connection with the operation,

management,
conservation,
improvement,
or
maintenance of any such farms or its tools or
equipments; or
(ii)
Services performed in salvaging timber, or clearing land

brush and other debris left by a hurricane or typhoon.
The services described in (i) above may include for

example, services performed by carpenters, painters,
mechanics, farm supervisors, irrigation engineers, bookkeepers,
and other skilled or semi-skilled workers, which contribute in
any way to the conduct of the farm or farms, as such, operated
by the person employing them, as distinguished from any other
enterprise in which such person may be engaged. Since the
services described in this paragraph must be performed in the
employ of the owner or tenant or other operator of the farm, the
exception does not extend to remuneration paid for services
performed by employees of a commercial painting concern, for
example, which contracts with a farmer to renovate his farm
properties.
cdasia
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58
(d)
(e)
Remuneration paid entirely in products of the farm where labor

is performed by an employee in the employ of any person in
connection with any of the following operations is not
considered as remuneration for agricultural labor without regard
to the place where such services are performed:
(i)
The making of copra, stripping of abaca, etc.;
(ii)
The hatching of poultry;
(iii)
The raising of fish;
(iv)
The operation or maintenance of ditches, canals,

reservoirs, or waterways used exclusively for supplying
or storing water for farming purposes; and
(v)
The production or harvesting of crude gum from a living

tree or the processing of such crude gum into gum spirits
or turpentine and gum resin, provided such processing is
carried on by the original producer of such crude gum.
Remuneration paid entirely in products of the farm where labor

is performed by an employee in the employ of a farmer or a
farmer's cooperative, organization or group in the handling,
planting, drying, packing, packaging, processing, freezing,
grading, storing or delivering to storage or to market or to
carrier for transportation to market, of any agricultural or
horticultural commodity, produced by such farmer or
farmer-members of such organization or group, is excepted as
remuneration for agricultural labor. Services performed by
employees of such farmer or farmer's organization or group in
handling, planting, drying, packaging, processing, freezing,
grading, storing, or delivering to storage or to market or to
carrier for transportation to market of commodities produced by
persons other than such farmer or members of such farmer's
organization or group are not performed "as an incident to
ordinary farming operation".
All payments made in cash or other forms other than
products of the farm where labor is performed, for services
constituting agricultural labor as explained above, are not
within the exception.
(3) Remuneration for domestic services. Remuneration paid for

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59
services of a household nature performed by an employee in or about the private

home of the person by whom he is employed is not subject to withholding.
However, the services of household personnel furnished to an employee (except
rank and file employees) by an employer shall be subject to the fringe benefits tax
pursuant to Sec. 33
of the Code, as amended.
A private home is the fixed place of abode of an individual or family. If the
home is utilized primarily for the purpose of supplying board or lodging to the
public as a business enterprise, it ceases to be a private home and remuneration
paid for services performed therein is not exempted.
In general, services of a household nature in or about a private home
include services rendered by cooks, maids, butlers, valets, laundresses, gardeners,
chauffeurs of automobiles for family use.
The remuneration paid for the services above enumerated which are
performed in or about rooming or lodging houses, boarding houses, clubs, hotels,
hospitals or commercial offices or establishments is considered as compensation;
Remuneration paid for services performed as a private secretary, even if
they are performed in the employer's home is considered as compensation;
(4) Remuneration for casual labor not in the course of an employer's
trade or business. The term "casual labor" includes labor which is occasional,
incidental or regular. The expression "not in the course of the employer's trade or
business" includes labor that does not promote or advance the trade or business of
the employer.
Thus, any remuneration paid for labor which is occasional, incidental or
irregular, and does not promote or advance the employer's trade or business, is not
considered as compensation.
cdasia
EXAMPLE: A's business is that of operating a sawmill. He employs B, a

carpenter, at an hourly wage to repair his home. B's work is irregular and he
spends, the greater part of two days in completing the work. Since B's labor is
casual and is not in the course of A's business, the remuneration paid for such
services is exempted.
Any remuneration paid for casual labor, that is, labor which is occasional,
incidental or irregular, but which is rendered in the course of the employer's trade
or business, is considered as compensation.
EXAMPLE: E is engaged in the business of operating a department store.
He employs additional clerks for a short period. While the services of the clerks
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60
may be casual, they are rendered in the course of the employer's trade or business
and therefore the remuneration paid for such services is considered as
compensation.
Any remuneration paid for casual labor performed for a corporation is
considered as compensation;
(5) Compensation for services by a citizen or resident of the Philippines
for a foreign government or an international organization. Remuneration paid
for services performed as an employee of a foreign government or an international
organization is exempted. The exemption includes not only remuneration paid for
services performed by ambassadors, ministers and other diplomatic officers and
employees but also remuneration paid for services performed as consular or other
officer or employee of a foreign government or as a non-diplomatic representative
of such government.
(6) Damages. Actual, moral, exemplary and nominal damages received
by an employee or his heirs pursuant to a final judgment or compromise agreement
arising out of or related to an employer-employee relationship.
(7) Life Insurance. The proceeds of life insurance policies paid to the
heirs or beneficiaries upon the death of the insured, whether in a single sum or
otherwise, provided however, that interest payments agreed under the policy for
the amounts which are held by the insured under such an agreement shall be
included in the gross income.
(8) Amount received by the insured as a return of premium. The
amount received by the insured, as a return of premium or premiums paid by him
under life insurance, endowment, or annuity contracts either during the term or at
the maturity of the term mentioned in the contract or upon surrender of the
contract.
(9) Compensation for injuries or sickness. Amounts received through
Accident or Health Insurance or under Workmen's Compensation Acts, as
compensation for personal injuries or sickness, plus the amount of any damages
received whether by suit or agreement on account of such injuries or sickness.
(10) Income exempt under treaty. Income of any kind to the extent
required by any treaty obligation binding upon the Government of the Philippines.
(11) Thirteenth (13th ) month pay and other benefits.
(a)
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Thirteenth (13th) month pay equivalent to the mandatory one

(1) month basic salary of officials and employees of the
61
government, (whether national or local), including

government-owned or controlled corporations, and or private
offices received after the twelfth (12th) month pay; and
(b)
Other benefits such as Christmas bonus, productivity incentives,

loyalty award, gift in cash or in kind and other benefits of
similar nature actually received by officials and employees of
both government and private offices,
including the
additional compensation allowance ("ACA") granted and paid
to all officials and employees of the national government
agencies (NGAs) including state universities and colleges
(SUCs), government-owned and/or controlled corporations
(GOCCs), government financial institutions (GFIs) and local
government units (LGUs).
The above stated exclusions (a) and (b) shall cover benefits paid or accrued
during the year provided that the total amount shall not exceed thirty thousand
pesos (P30,000.00) which may be increased through rules and regulations issued
by the Secretary of Finance, upon recommendation of the Commissioner, after
considering, among others, the effect on the same of the inflation rate at the end of
the taxable year.
(12) GSIS, SSS, Medicare and other contributions. GSIS, SSS, Medicare
and Pag-Ibig contributions, and union dues of individual employees.
(13)
Compensation income of MWEs who work in the private
sector and being paid the Statutory Minimum Wage (SMW), as fixed by
Regional Tripartite Wage and Productivity Board (RTWPB)/National Wages
and Productivity Commission (NWPC), applicable to the place where he/she is
assigned.
The aforesaid income shall likewise be exempted from income tax.
'Statutory Minimum Wage'' (SMW) shall refer to the rate fixed by the
Regional Tripartite Wage and Productivity Board (RTWPB), as defined by
the Bureau of Labor and Employment Statistics (BLES) of the Department of
Labor and Employment (DOLE). The RTWPB of each region shall determine
the wage rates in the different regions based on established criteria and shall
be the basis of exemption from income tax for this purpose.
Holiday pay, overtime pay, night shift differential pay and hazard pay
earned by the aforementioned MWE shall likewise be covered by the above
exemption. Provided, however, that an employee who receives/earns additional
compensation such as commissions, honoraria, fringe benefits, benefits in
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62
excess of the allowable statutory amount of P30,000.00, taxable allowances and

other taxable income other than the SMW, holiday pay, overtime pay, hazard
pay and night shift differential pay shall not enjoy the privilege of being a
MWE and, therefore, his/her entire earnings are not exempt from income tax,
and consequently, from withholding tax.
MWEs receiving other income, such as income from the conduct of
trade, business, or practice of profession, except income subject to final tax, in
addition to compensation income are not exempted from income tax on their
entire income earned during the taxable year. This rule, notwithstanding, the
SMW, Holiday pay, overtime pay, night shift differential pay and hazard pay
shall still be exempt from withholding tax.
For purposes of these regulations, hazard pay shall mean the amount
paid by the employer to MWEs who were actually assigned to danger or
strife-torn areas, disease-infested places, or in distressed or isolated stations
and camps, which expose them to great danger of contagion or peril to life.
Any hazard pay paid to MWEs which does not satisfy the above criteria is
deemed subject to income tax and consequently, to withholding tax.
In case of hazardous employment, the employer shall attach to the
monthly Remittance Return of Withholding Tax on Compensation (BIR Form
No. 1601C) for return periods March, June, September and December a copy
of the list submitted to the nearest DOLE Regional/Provincial Offices
Operations Division/Unit showing the names of MWEs who received the
hazard pay, period of employment, amount of hazard pay per month; and
justification for payment of hazard pay as certified by said DOLE/allied
agency that the hazard pay is justifiable.
The NWPC shall officially submit a Matrix of Wage Order by region
(Annex "A"), and any changes thereto, within ten (10) days after its effectivity
to the Assistant Commissioner, Collection Service, for circularization in the
BIR.
Any reduction or diminution of wages for purposes of exemption from
income tax shall constitute misrepresentation and therefore, shall result to the
automatic disallowance of expense, i.e. compensation and benefits account, on
the part of the employer. The offenders may be criminally prosecuted under
existing laws.
(14) Compensation income of employees in the public sector with
compensation income of not more than the SMW in the non-agricultural
sector, as fixed by RTWPB/NWPC, applicable to the place where he/she is
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63
assigned.
The aforesaid income shall likewise be exempted from income tax.
The basic salary of MWEs in the public sector shall be equated to the
SMW in the non-agricultural sector applicable to the place where he/she is
assigned. The determination of the SMW in the public sector shall likewise
adopt the same procedures and consideration as those of the private sector.
Holiday pay, overtime pay, night shift differential pay and hazard pay
earned by the aforementioned MWE in the public sector shall likewise be
covered by the above exemption. Provided, however, that a public sector
employee who receives additional compensation such as commissions,
honoraria, fringe benefits, benefits in excess of the allowable statutory amount
of P30,000.00, taxable allowances and other taxable income other than the
SMW, holiday pay, overtime pay, night shift differential pay and hazard pay
shall not enjoy the privilege of being a MWE and, therefore, his/her entire
earnings are not exempt from income tax and, consequently, from withholding
tax.
MWEs receiving other income, such as income from the conduct of
trade, business, or practice of profession, except income subject to final tax, in
addition to compensation income are not exempted from income tax on their
entire income earned during the taxable year. This rule, notwithstanding, the
SMW, Holiday pay, overtime pay, night shift differential pay and hazard pay
shall still be exempt from withholding tax.
For purposes of these regulations, hazard pay shall mean the amount
paid by the employer to MWEs who were actually assigned to danger or
strife-torn areas, disease-infested places, or in distressed or isolated stations
and camps, which expose them to great danger of contagion or peril to life.
Any hazard pay paid to MWEs which does not satisfy the above criteria is
deemed subject to income tax and consequently to withholding tax.
In case of hazardous employment, the employer shall attach to the
Monthly Remittance Return of Withholding Tax on Compensation (BIR Form
No. 1601C) for return periods March, June, September and December a copy
of Department of Budget and Management (DBM) circular/s, or equivalent, as
to who are allowed to receive hazard pay.
SECTION 2.78.2. Payroll Period.
The term "payroll period"
means the period of services for which a payment of compensation is ordinarily
made to an employee by his employer. It is immaterial that the compensation is not
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64
always paid at regular intervals.

EXAMPLE: If an employer ordinarily pays the weekly wages of his
employees at the end of the week, but if for some reason a particular employee
receives payment of his salaries for the past week in the middle of the current
week and receives the remainder at the end of the same week, the payroll period is
still the calendar week; or if, instead, the employee is sent on a three (3)-week trip
by his employer and receives at the end of the trip a single compensation payment
for three (3)-week services, the payroll period is still the calendar week, and the
compensation payment shall be treated as though it were three (3) separate weekly
compensation payments.
LLphil
For the purpose of determining the tax, an employee can have but one
payroll period with respect to the compensation paid by any one employer. Thus,
if an employee is paid a regular compensation for the weekly payroll and in
addition thereto is paid supplemental compensation (for example taxable bonuses)
determined with respect to a different period, the payroll period is the weekly
payroll period.
SECTION 2.78.3. Employee.
The term "employee" is an
individual performing services under an employer-employee relationship. The term
covers all employees, including officers and employees, whether elected or
appointed, of the Government of the Philippines, or any political subdivision
thereof or any agency or instrumentality.
In general, the relationship of the employer and employee exists when the
person for whom services were performed has the right to control and direct the
individual who performs the services, not only as to the result to be accomplished
by the work but also as to the details and means by which the result is
accomplished. An employee is subject to the will and control of the employer not
only as to what shall be done, but how it shall be done. In this connection, it is not
necessary that the employer actually directs or controls the manner in which the
services are performed. It is sufficient that he has the right to do so.
The right to dismiss an employee is also an important factor indicating that
the person possessing that right is an employer. Other factors or characteristics of
an employer, which may not be necessarily present in every case, are furnishing
the tools and furnishing of a place to work, to the individual who performs the
services. In general, an individual is not considered an employee if he is subject to
the control or direction of another merely on to the result to be accomplished by
the work, and not on to the means and methods for accomplishing the result.
In general, individuals who follow an independent trade, business, or
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65
profession, in which the offer their services to the public, are not employees.
The measurement, method or designation of compensation is also
immaterial if the relationship of employer and employee in fact exists.
No distinction is made between classes or grades of employees. Thus
superintendents, managers, and others belonging to similar levels are employees.
An officer of a corporation is an employee of the corporation. An individual,
performing services for a corporation, both as an officer and director, is an
employee subject to withholding on compensation, including director's fees.
SECTION 2.78.4. Employer.
The term employer means any
person for whom an individual performs or performed any service, of whatever
nature, under an employer-employee relationship. It is not necessary that the
services be continuing at the time the wages are paid in order that the status of
employer may exist. Thus for purposes of withholding, a person for whom an
individual has performed past services and from whom he is still receiving
compensation is an "employee".
(A) Person for whom the services are or were performed does not have
control. The term "employer" also refers to the person having control of the
payment of the compensation in cases where the services are or were performed
for a person who does not exercise such control. For example, where
compensation, such as certain types of pensions or retirement pay, are paid by a
trust and the person for whom the services were performed has no control over the
payment of such compensation, the trust is deemed to be the "employer".
(B) Person paying compensation on behalf of a nonresident. The term
"employer" also means any person paying compensation on behalf of a
non-resident alien individual, foreign partnership, or foreign corporation, who is
not engaged in trade or business within the Philippines.
It is the responsibility of the employer to withhold, pay, or refund the tax
and furnish the statements required under these Regulations. The term "employer"
as defined in (A) and (B) above is intended to determine who is the withholding
agent.
As a matter of business administration, certain mechanical details of the
withholding process may be handled by representatives of the employer. Thus, in
the case of a corporate employer with branch offices, the branch manager or other
representative may actually, as a matter of internal administration, withhold the tax
or prepare the statements required under the law. Nevertheless, the legal
responsibility for withholding, paying and returning the tax and furnishing such
statements rests with the corporate employer.
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66
An employer may be an individual, a corporation, a partnership, a trust, an

estate, a joint-stock company, an association, or a syndicate, group, pool, joint
venture, or other unincorporated organization, group or entity. A trust or estate,
rather than the fiduciary acting for or on behalf of the trust or estate, is generally
the employer.
The term "employer" embraces not only an individual and an organization
engaged in trade or business, but it also includes an organization exempt from
income tax, such as charitable and religious organizations, clubs, social
organizations and societes, as well as the Government of the Philippines, including
its agencies, instrumentalities, and political subdivisions.
(C) Compensation paid on behalf of two or more employers.
If a
payment of compensation is made to an employee by an employer through an
agent, fiduciary, or other person who has the control, receipt, custody, or disposal
of, or pays the compensation payable by another employer to such employee, the
amount of tax required to be withheld on each compensation payment made
through such agent, fiduciary, or person shall, whether the compensation is paid
separately on behalf of each employer or paid in lump-sum on behalf of all such
employers, be determined based on the aggregate amount of such compensation
payment or payments in the same manner as if such aggregate amount had been
paid by one employer. Hence, the tax shall be determined based on the aggregate
amount of the compensation paid.
prcd
In any such case, each employer shall be liable for the return and payment
of a pro-rata portion of the tax so determined in accordance with the ratio of the
amount contributed by each employer relative to the aggregate of such
compensation.
A fiduciary, agent, or other person acting for two or more employers may
be authorized to withhold the tax under these regulations with respect to the wages
of the employees of such employers. Such fiduciary, agent, or other person may
also be authorized to make and file returns of the tax withheld at source on such
compensation and to furnish the receipts required under these Regulations.
Application for the authorization to perform such act should be addressed to the
Commissioner or his duly authorized representative. If such authority is granted by
the Commissioner, all provisions of the law (including penalties) and regulations
prescribed in pursuance of the law applicable in respect of an employer for whom
such fiduciary, agent or other person acts shall remain subject to all provisions of
law (including penalties) and regulations prescribed in pursuance of the law
applicable in respect of employers.
SECTION 2.78.5 Computation of Wages.
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The basis of the computation of the minimum wage rates prescribed by

law shall be the normal working time of eight (8) hours a day.
The computation of wages shall be in accordance with the Collective
Bargaining Agreement (CBA), if any, or the provisions of the Labor Code as
implemented. Unless otherwise amended or repealed by subsequent pertinent
laws, rules and regulations, the holiday pay, overtime pay, night shift
differential and hazard pay shall be understood to be computed based on such
agreement or labor law provisions.
In the determination of the minimum wage on a monthly basis, the
withholding agent shall be guided by the prevailing minimum wage as reflected
in the latest Matrix of Wage Order and its own policy on whether employees
are (a) not considered paid on Saturdays and Sundays or rest days, (b) not
considered paid on Sundays or rest days, (c) considered paid on rest days,
special days and regular holidays, or (d) required to work everyday including
Sundays or rest days, special days and regular holidays. The resulting number
of days in the above enumerated categories are referred to as the factor or
number of working/paid days in a year. (Annex "B")
On the first classification, the monthly SMW is computed by
multiplying the applicable daily wage rate by the factor of 261 days and divide
the same by twelve; the semi-monthly at one-half (1/2) of the monthly rate and
the weekly SMW is arrived at by spreading the annual minimum basic wage
over fifty-two (52) weeks. Thus, on a P382.00 minimum daily wage in Metro
Manila, the monthly SMW is P8,308.00, the semi-monthly at P4,154.00 and
weekly P1,917.00.
On the second category, the monthly SMW is computed by multiplying
the applicable daily wage rate by the factor of 313 days and divide the product
by twelve. Hence, on a P382.00 minimum daily wage, the monthly SMW is
P9,964.00, the semi-monthly at P4,982.00 and weekly at P2,300.00.
On the third classification, the monthly SMW is computed by
multiplying the applicable daily wage rate by the factor of 365 days, divided by
twelve. Thus, on a 382 minimum daily wage, the monthly SMW is P11,619.00,
the semi-monthly at P5,810.00 and weekly at P2,681.00.
On the fourth classification, the monthly SMW is computed by
multiplying the applicable daily wage rate by the factor of 392.5 days, divided
by twelve. Hence, on a 382 minimum daily wage, the monthly SMW is
P12,495.00, the semi-monthly at P6,247.00 and weekly at P2,883.00.
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SECTION 2.79.
Income.
Income Tax Collected at Source on Compensation
(A) Requirement of Withholding.

Every employer must withhold
from compensation paid an amount computed in accordance with these
Regulations. Provided, that no withholding of tax shall be required on the
SMW, including holiday pay, overtime pay, night shift differential and hazard
pay of MWEs in the private/public sectors as defined in these Regulations.
Provided, further, that an employee who receives additional compensation
such as commissions, honoraria, fringe benefits, benefits in excess of the
allowable statutory amount of P30,000.00, taxable allowances and other
taxable income other than the SMW, holiday pay, overtime pay, hazard pay
and night shift differential pay shall not enjoy the privilege of being a MWE
and, therefore, his/her entire earnings are not exempt from income tax and,
consequently, shall be subject to withholding tax.
(B) Computation of Withholding Tax on Compensation Income in
General.
The procedures provided herein below shall govern the
computation of withholding tax on the taxable compensation income of the
employees. Provided, however, that taxable fringe benefits received by employees
other than the rank and file, as defined in the Labor Code of the Philippines, as
amended, shall be subject to a Fringe Benefits Tax,
instead of the rates
prescribed in the Revised Withholding Tax Tables pursuant to Sec. 24 (A) of the
Code, as amended.
(1) Use of Withholding Tax Tables.
In general, every employer
making payment of compensation shall deduct and withhold from such
compensation a tax determined in accordance with the prescribed Revised
Withholding Tax Tables (Annex "C") which shall be used starting January 1,
2009.
There are four (4) withholding tables prescribed in these regulations, as
follows:
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(a)
Monthly Tax Table to be used by employers using the

monthly payroll period;
(b)
Semi-Monthly Tax Table to be used by employers using the

semi-monthly payroll period;
(c)
Weekly Tax Table to be used by employers using the weekly

payroll period;
69
(d)
Daily Tax Table to be used by employers using the daily

payroll period.
If the compensation is paid other than daily, weekly, semi-monthly or

monthly, the tax to be withheld shall be computed as follows:
(a)
Annually use the annualized computation referred to in Sec.

2.79 (B)(5)(b) of these Regulations;
(b)
Quarterly and semi-annually divide the compensation by

three (3) or six (6), respectively, to determine the average
monthly compensation. Use the monthly withholding tax table
to compute the tax, and the tax so computed shall be multiplied
by three (3) or six (6) accordingly.
For the year 2008, however, being the initial year of implementation of
R.A. 9504, there shall be a transitory withholding tax table for the period from
July 6 to December 31, 2008 (Annex "D") determined by prorating the annual
personal and additional exemptions under R.A. 9504 over a period of six
months. Thus, for individuals, regardless of personal status, the prorated
personal exemption is P25,000, and for each qualified dependent child (QDC),
P12,500.
(2) Components of the Withholding Tax Table.
(a)
Each tax table is grouped into Tables A and B.

A Table for employees with no QDC
B Table for employees with QDC
(b)
The columns in the Tables reflect the following:

1st column reflects the exemption status of employee
represented by letter symbols. (refer to the explanation of the
legend of symbols in letter (d) below)
2nd column reflects the total amount of personal and
additional exemption, in pesos, to which an employee is
entitled.
(c)
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Column numbers 1 to 8 reflect the portion of the amount of

taxes to be withheld on the amount of compensation of the
employees. Every amount in all the columns within Tables A
and B represent the compensation level.
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(d)
Legend of symbols The symbols used in the new

withholding tax table represent the following:
Z Zero exemption
(a)
Employee with multiple employers simultaneously, with

respect to second, third, etc., employer; and
(b)
Employee who fails to file Application for Registration

(BIR Form No. 1902);
S Single, legally separated spouses/widow/widower;

ME Married employee who is not legally separated;
The numerals (1-4) affixed to the status symbols "ME" and "S" represent
the number of qualified legitimate, illegitimate, or legally adopted children.
Exemption means the amount of exemption in thousand pesos an
employee is entitled to claim as a deduction from gross compensation income in
accordance with the status and number of qualified dependent children.
(3) Steps to determine the amount of tax to be withheld:
Step 1.
Determine the total monetary and non-monetary compensation
paid to an employee for the payroll period, segregating gross benefits which
include thirteenth (13th) month pay, productivity incentives, Christmas bonus,
other benefits, received by the employee per payroll period, and employees'
contributions to SSS, GSIS, HDMF, PHIC, and union dues. Gross benefits which
are received by officials and employees of both public and private entities in the
amount of thirty thousand pesos (P30,000.00) or less shall be exempted from
income and withholding taxes. The 13th Month Pay is equivalent to the total basic
salary earned during the year divided by 12 months.
Step 2.
Segregate the taxable from the non-taxable compensation
income paid to the employee for the payroll period. The taxable income refers to
all remuneration paid to an employee not otherwise exempted by law from income
tax and consequently from withholding tax. The non-taxable income are those
which are specifically exempted from income tax by the Code or by other special
laws as listed in Sec. 2.78.1 (B) hereof (e.g. benefits not exceeding P30,000,
non-taxable retirement benefits and separation pay).
Step 3.
Segregate the taxable compensation income as determined in
Step 2 into regular taxable compensation income and supplementary compensation
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71
income. Regular compensation includes basic salary, fixed allowances for

representation, transportation and other allowances paid to an employee per
payroll period. Supplementary compensation includes payments to an employee in
addition to the regular compensation such as commission, overtime pay, taxable
retirement pay, taxable bonus and other taxable benefits, with or without regard to
a payroll period.
Representation & Transportation Allowance (RATA) granted to public
officers and employees under the General Appropriations Act and the
Personnel Economic Relief Allowance (PERA) which essentially constitute
reimbursement for expenses incurred in the performance of government
personnel's official duties shall not be subject to income tax and consequently
to withholding tax.
Step 4.
Use the appropriate tables mentioned under Section 2.79 (B) (1)
for the payroll period: monthly, semi-monthly, weekly or daily, as the case may
be.
Step 5.
Fix the compensation level as follows:
(i)
Determine the line (horizontal) corresponding to the status and

number of qualified dependent children using the appropriate
symbol for the taxpayer status.
(ii)
Determine the column to be used by taking into account only

the total amount of taxable regular compensation income. The
compensation level is the amount indicated in the line and
column to which the regular compensation income is equal to or
in excess, but not to exceed the amount in the next column of
the same line.
Step 6.
Compute the withholding tax due by adding the tax
predetermined in the compensation level indicated at the top of the column, to the
tax on the excess of the total regular and supplementary compensation over the
compensation level, which is computed by multiplying the excess by the rate also
indicated at the top of the same column/compensation level.
(4) Sample Computations on the use of the Withholding Tax Tables:
EXAMPLE I: Mr. A, single with no dependent, receives P12,000.00 (net of
SSS/GSIS, PHIC, HDMF employee share only) as monthly regular compensation
and P5,000,00 as supplementary compensation for January 2009 or a total of
P17,000.00.
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72
COMPUTATION: Using the monthly withholding tax table (Revised

Withholding Tax Tables beginning January 1, 2009), the withholding tax for
January 2009 is computed by referring to Table A line 2 S of column 5 (fix
compensation level taking into account only the regular compensation income of
P12,000.00 which shows a tax of P708.33 on P10,000.00 plus 20% of the excess
of P2,000.00 (P12,000.00 less P10,000.00) plus P5,000.00 supplementary
compensation.
Regular compensation
Less: compensation level
(line A-2 Column 5)
P12,000.00
10,000.00
P2,000.00
5,000.00
P7,000.00
P708.33
1,400.00
P2,108.33
========
Excess
Add: Supplementary compensation
Total
Tax on P10,000.00
Tax on excess (P7,000 x 20%)
Withholding tax for January 2009
MONTHLY
Exemption
10,416.67
Status
(000P
1
0.00
2
0.00
3
41.67
4
208.33
5
708.33
6
1,875.00
+0% over
+5% over
+10% over
+15% over
+20% over
+25% over
7
4,166.67
+30% over+32%
over
A. Table for employees without qualified dependent.
1. Z
2. S/ME
0.0
833
2,500
5,833
11,667
20,833
41,667
50.0
4,167
5,000
6,667
10,000
15,833
25,000
45,833
EXAMPLE II: Mr. B, married with three (3) qualified dependent children
receives P12,000.00 (net of SSS/GSIS, PHIC, HDMF employee share only) as
regular semi-monthly compensation. Mrs. B, his wife, is also employed. Mr. B did
not waive his right in favor of the wife to claim for the additional exemptions.
COMPUTATION: Using the semi-monthly withholding tax tables (Revised
Withholding Tax Tables beginning January 1, 2009), the withholding tax due is
computed by referring to Table B line 3 ME3 of column 6 which shows a tax of
P937.50 on P11,042 plus 25% of the excess (P12,000 11,042 = P958.00)
Total taxable compensation
Less: compensation level
(line B-3 Column 6)
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P12,000.00
11,042.00
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Excess
P958.00
P937.50
239.50
P1,177.00
=========
Tax on P11,042
Tax on excess (P958 x 25%)
Semi-monthly withholding tax
SEMI-MONTHLY
Exemption
Status
1
(000P
0.00
+0% over
0.00
+5% over
20.83
+10% over
104.17
+15% over
354.17
+20% over
937.50
+25% over
2,083.33 5,208.33
+30% over+32%
over
A. Table for employees without qualified dependent
1. Z
2. S/ME
0.0
417
1,250
2,917
5,833
10,417
20,833
50.0
2,083
2,500
3,333
5,000
7,917
12,500
22,917
B. Table for employees with qualified dependent child(ren)

1. ME 1/S1
75.0
3,125
3,542
4,375
6,042
8,958
13,542
23,958
2. ME 2/S2
100.0
4,167
4,583
5,417
7,083
10,000
14,583
25,000
3. ME 3/S3
125.0
5,208
5,625
6,458
8,125
11,042
15,625
26,042
4. ME 4/S4
150.0
6,250
6,667
7,500
9,167
12,083
16,667
27,083
EXAMPLE III: For the month of August 2008, Mrs. C, married with three
qualified dependent children, with a basic salary equivalent to the SMW, receives
P9,964.00 (P382/day x 313 days 12) as statutory monthly minimum wage plus
other compensation such as commission of P10,000, transportation allowance of
P2,000, hazard pay of P1,000, overtime pay of P5,000 and night shift differential
pay of P2,000.00. Compute the withholding tax of Mrs. C for the month of August
2008 using the Revised Transitional Withholding Tax Table for the period July 6
to December 31, 2008.
COMPUTATION:
Statutory Minimum Wage
Gross Benefits
Hazard pay
Overtime Pay
Night Shift Differential
P9,964.00
1,000.00
5,000.00
2,000.00
Sub-total
Taxable compensation
Commission *
Transportation allowance *
10,000.00
2,000.00
Total Taxable Compensation Income
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8,000.00
P17,964.00
========
12,000.00
P29,964.00
========
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Regular compensation
Less: Compensation level (line B-3 column 4)
P9,964.00
7,708.00
P2,256.00
20,000.00
P22,256.00
P208.33
3,338.40
P3,546.73
========
Excess
Add: Supplementary compensation (8,000 + 12,000)
Total
Tax on P9,964.00 (Line B3, col. 4)
Tax on excess (P22,256.00 x 15%)
Withholding tax for the month of August 2008
MONTHLY
Exemption
10,416.67
Status
(000P
1
0.00
2
0.00
3
41.67
4
208.33
5
708.33
6
1,875.00
+0% over
+5% over
+10% over
+15% over
+20% over
+25% over
7
4,166.67
+30% over+32%
over
A. Table for employees without qualified dependent
1. Z
2. S/ME
0.0
833
2,500
5,833
11,667
20,833
41,667
25.0
2,083
2,917
4,583
7,917
13,750
22,917
43,750
B. Table for employees with qualified dependent child(ren)

1. ME1/S1
37.5
3,125
3,958
5,625
8,958
14,792
23,958
44,792
2. ME2/S2
50.0
4,167
5,000
6,667
10,000
15,833
25,000
45,833
3. ME3/S3
62.5
5,208
6,042
7,708
11,042
16,875
26,042
46,875
4. ME4/S4
75.0
6,250
7,083
8,750
12,083
17,917
27,083
47,917
*
An employee who receives compensation other than the SMW, holiday, overtime,
night shift differential and hazard pay shall not enjoy the privilege of being a minimum wage
earner, and his entire earnings are no longer considered exempt.
(5) Use of Exceptional Computations

(a) Cumulative average method. If in respect of a particular employee,
the regular compensation is exempt from withholding tax because the amount
thereof is below the compensation level, but supplementary compensation is paid
during the calendar year; or the supplementary compensation is equal to or more
than the regular compensation to be paid; or the employee was newly hired and
had a previous employer/s within the calendar year, other than the present
employer doing this cumulative computation, the present employer shall determine
the tax to be deducted and withheld in accordance with the cumulative average
method provided hereunder:
Step 1.
Add the amount of taxable regular and supplementary
compensation to be paid to an employee for the payroll period subject of
Copyright 2016
75
computation to the sum of the taxable regular and supplementary compensation

since the beginning of the current calendar year including the compensation paid
by the previous employers within the same calendar year, if any;
Step 2.
Divide the aggregate amount of compensation computed in step
1 by the number of payroll period to which the amount relates;
Step 3.
Compute the tax to be deducted and withheld on the cumulative
average compensation determined in Step No. (2) in accordance with the
withholding tax table;
cdphil
Step 4.
Multiply the tax computed in Step No. (3) by the number of
payroll period to which it relates;
Step 5.
Determine the excess, if any, of the amount of tax computed in
Step No. (4) over the total amount of tax already deducted and withheld from the
beginning payroll period to the last payroll period, including that withheld by the
previous employer/s within the calendar year, if any. The excess, as computed,
shall be deducted and withheld from the compensation to be paid for the last
payroll period of the current calendar year.
The cumulative average method, once applicable to a particular employee at
any time during the calendar year, shall be the same method to be consistently
used for the remaining payroll period/s of the same calendar year.
EXAMPLE IV: The regular compensation is exempt from withholding tax
but supplementary compensation (commission) is paid during the calendar year.
Employee A, married, with three (3) qualified dependents (ME3), received
the following compensation beginning January, 2009.
Month
Regular
Compensation
Supplementary
Compensation
Total
Compensation
January
February
March
P8,500.00
P8,500.00
P8,400.00
P15,000.00
P15,000.00
P15,500.00
P23,500.00
P23,500.00
P23,900.00
COMPUTATION:
1. For Jan.
For Feb.
For Mar.
2. For Jan.
For Feb.
For Mar.
3. For January
Copyright 2016
P23,500.00 + 0
P23,500.00 + 23,500.00
P23,500.00 + 23,500.00 + 23,900.00
P23,500.00/1
P47,000.00/2
P70,900.00/3
=
=
=
=
=
=
P23,500.00
P47,000.00
P70,900.00
P23,500.00
P23,500.00
P23,633.33
76
Tax on P22,083.00 (Line B.3, Col. 6)

=
=
P1,875.00
P354.25
P2,229.25
========
For February
Tax on P22,083.00 (Line B.3, Col. 6)
=
=
Tax on P23,500.00
P1,875.00
354.25
P2,229.25
========
For March
Tax on P22,083.00 (Line B.3, Col. 6)
=
=
Tax on P23,633.33
Tax on P23,500.00
4. For Jan.
For Feb.
For Mar.
5. For Jan.
For Feb.
For Mar.
P2,229.25 x 1
P2,229.25 x 2
P2,262.58 x 3
P2,229.25 0
P4,458.50 2,229.25
P6,787.74 4,458.50
P1,875.00
387.58
P2,262.58
=======
P2,229.25
P4,458.50
P6,787.74
P2,229.25
P2,229.25
P2,329.24
=
=
=
=
=
=
EXAMPLE V: Supplementary compensation is equal to or more than the

regular compensation received:
Employee B, married with three (3) qualified dependents (M3) whose
spouse is also employed, received the following compensation beginning January,
2009.
Month
Regular
Compensation
Supplementary
Compensation
Total
Compensation
January
February
March
P11,000.00
P11,000.00
P11,000.00
P11,000.00
P11,500.00
P12,000.00
P22,000.00
P22,500.00
P23,000.00
COMPUTATION:
1. For Jan.
For Feb.
For Mar.
2. For Jan.
For Feb.
For Mar.
Copyright 2016
P22,000.00 + 0
P22,000.00 + 22,500.00
P22,000.00 + 22,500.00 + 23,000.00
P22,000.00/1
P44,500.00/2
P67,500.00/3
=
=
=
=
=
=
P22,000.00
P44,500.00
P67,500.00
P22,000.00
P22,250.00
P22,500.00
77
3. For January
Tax on P16,250.00 (Line B.3, Col. 5)
=
=
P708.33
P1,150.00
P1,858.33
========
For February
Tax on P22,083.00 (Line B.3, Col. 6)
=
=
Tax on P22,250.00
P1,875.00
P41.75
P1,916.75
========
For March
Tax on P22,083.00 (Line B.3, Col. 6)
=
=
Tax on P22,500.00
Tax on P22,000.00
4. For Jan.
For Feb.
For Mar.
5. For Jan.
For Feb.
For Mar.
P1,858.33 x 1
P1,916.75 x 2
P1,979.25 x 3
P1,858.33 0
P3,833.50 1,858.33
P5,937.75 3,833.50
=
=
=
=
=
=
P1,875.00
P104.25
P1,979.25
=======
P1,858.33
P3,833.50
P5,937.75
P1,858.33
P1,975.17
P2,104.25
EXAMPLE VI: A newly hired employee with previous employer within the
calendar year 2009.
Employee C, single, was hired by Z Company on July 6, 2009. Her total
taxable income per month is P15,000.00. She was previously employed by X
Company from January to June 30, 2009 with a monthly taxable income of
P13,000.00 or P13,000.00 x 6 months = P78,000 for 6 months. Per BIR Form No.
2316 (Certificate of Compensation Payment/Tax Withheld) issued by the previous
employer, which was presented by Employee C to her present employer, the total
tax withheld is P7,849.98. In computing for the tax withheld on the compensation
of Employee C starting the month of July 6, 2000, Z Company shall use the
cumulative average method.
Month
July 6
August
Copyright 2016
Present
Compensation
Income
Total
Previous
Income
Total
Taxable
Income
P15,000.00
15,000.00
P78,000.00
P93,000.00
15,000.00
78
September
October
November
December
15,000.00
15,000,00
15,000.00
15,000.00
P90,000.00
=========
P78,000.00
=========
15,000.00
15,000.00
15,000.00
15,000.00
P168,000.00
=========
COMPUTATION:
STEP 1
For July 6
P15,000.00 + P78,000.00
P93,000.00
For Aug.
P93,000.00 + P15,000.00
P108,000.00
For Sep.
P93,000.00 + P15,000.00 + P15,000.00
P123,000.00
For Oct.
P93,000.00 + P15,000.00 + P15,000.00 + P15,000.00
P138,000.00
For Nov.
P93,000.00 + P15,000.00 + P15,000.00 + P15,000.00 + P15,000.00
P153,000.00
For July 6 P93,000.00/7
P13,285.71
For Aug. P108,000.00/8
P13,500.00
For Sep. P123,000.00/9
P13,666.67
For Oct. P138,000.00/10
P13,800.00
For Nov. P153,000.00/11
P13,909.09
P708.33
STEP 2
STEP 3
For July 6 P13,285.71
Tax On P10,000.00
Tax On Excess (P3,285.71 x 20%)
657.14
Tax On P13,285.71
P1,365.47
========
For August P13,500.00

Tax On P10,000.00
P708.33
700.00
Tax On P13,500.00
P1,408.33
========
For Sept. P13,666.67

Tax On P10,000.00
P708.33
733.33
Tax On P13,666.67
P1,441.66
========
For October P13,800.00

Tax On P10,000.00
P708.33
760.00
Copyright 2016
79
Tax On P13,800.00
P1,468.33
========
For November P13,909.09

Tax On P10,000.00
P708.33
781.82
Tax On P13,818.18
P1,490.15
========
STEP 4
For July 6 P1,365.47 x 7
P9,558.29
For August 1,408.33 x 8
P11,266.64
For September 1,441.66 x 9
P12,974.94
For October 1,468.33 x 10
P14,683.30
For November 1,490.15 x 11
P16,391.65
For July 6 P9,558.29 - P7,849.98
P1,708.31
For August 11,266.64 - P9,558.29
P1,708.35
For September 12,974.94 - P11,266.64
P1,708.30
For October 14,683.30 - P12,974.94
P1,708.36
For November 16,391.65 - P14,683.30
P1,708.35
Step 5
(b) Annualized withholding tax method. (1) When the

employer-employee relationship is terminated before the end of the calendar year;
and (2) when computing for the year-end adjustment, the employer shall determine
the amount to be withheld from the compensation on the last month of
employment or in December of the current calendar year in accordance with the
following procedures:
Step 1.
Determine the taxable regular and supplementary compensation
paid to the employee for the entire calendar year. Refer to steps 1 to 3 of Sec. 2.79
(B) (3), as amended, using as basis the compensation received for the calendar
year.
Step 2.
If the employee has previous employment/s within the year, add
the amount of taxable regular and supplementary compensation paid to the
employee by the present employer doing the annualized computation to the taxable
compensation income received from previous employer/s during the calendar year:
(i)
Copyright 2016
When the employer-employee relationship is terminated before

December The taxable regular and supplementary
compensation income shall be the amount paid since the
beginning of the current calendar year to the termination of
employment.
80
(ii)
Year-end adjustment The taxable regular and supplementary

compensation income shall be the amount paid since the
beginning of the current calendar year to December.
(iii)
Taxable fringe benefits received by employees holding

managerial or supervisory positions shall be subject to a final
fringe benefit tax as prescribed in Section 2.79 (D)
of
RR 2-98, as amended. Hence, the same shall not form part of
the taxable supplementary compensation, of managers and
supervisors, subject to the withholding tax tables
Step 3.
Deduct from the aggregate amount of compensation computed
in Step No. (2) the amount of the total personal and additional exemptions of the
employee.
Step 4.
Deduct the amount of premium payments on Health and/or
Hospitalization Insurance of employees who have presented evidence that they
have paid during the taxable year premium payments (the deductible amount shall
not exceed P2,400 or P200 per month whichever is lower) and that their family's
total gross income does not exceed P250,000 for the calendar year. For purposes
of substantiating the claim of insurance expense and determining the aggregate
family income, the policy contract shall be presented to the employer together
with the original official receipt of the premium payment for the current year, BIR
Form No. 2316 for the current year or Certificate of Gross Income for the
Current Year (Annex "E") issued by the employer/s of the nuclear family.
Total family income includes primary income and other income from
sources received by all members of the nuclear family, i.e., father, mother,
unmarried children living together as one household, or a single parent with
children. A single person living alone is considered as a nuclear family.
The spouse claiming the additional exemptions for the QDC shall be the
same spouse to claim the deductions for premium payments.
Step 5.
Compute the amount of tax on the difference arrived at in Step
4, in accordance with the schedule provided in Sec. 24 (A) of the Code, as follows:
Copyright 2016
OVER
BUT NOT
OVER
AMOUNT/RATE
Not over
10,000
30,000
10,000
30,000
70,000
5%
500 + 10%
2,500 + 15%
OF
EXCESS
OVER
10,000
30,000
81
70,000
140,000
250,000
500,000
140,000
250,000
500,000
over
8,500 + 20%
22,500 + 25%
50,000 + 30%
125,000 + 32%
70,000
140,000
250,000
500,000
Step 6.
Determine the deficiency or excess, if any, of the tax computed
in Step 5 over the cumulative tax already deducted and withheld since the
beginning of the current calendar year. The deficiency tax (when the amount of tax
computed in Step 5 is greater than the amount of cumulative tax already deducted
and withheld or when no tax has been withheld from the beginning of the calendar
year) shall be deducted from the last payment of compensation for the calendar
year. If the deficiency tax is more than the amount of last compensation to be paid
to an employee, the employer shall be liable to pay the amount of tax which cannot
be collected from the employee. The obligation of the employee to the employer
arising from the payment by the latter of the amount of tax which cannot be
collected from the compensation of the employee is a matter of settlement between
the employee and employer.
The excess tax (when the amount of cumulative tax already deducted and
withheld is greater than the tax computed in Step 5) shall be credited or refunded
to the employee not later than January 25 of the following year. However, in case
of termination of employment before December, the refund shall be given to the
employee at the payment of the last compensation during the year. In return, the
employer is entitled to deduct the amount refunded from the remittable amount of
taxes withheld from compensation income in the current month in which the
refund was made, and in the succeeding months thereafter until the amount
refunded by the employer is fully repaid.
EXAMPLE VII: (Use of annualized computation when employer-employee
relationship was terminated before December)
a) Mr. D, single with a qualified dependent brother receives P18,000 as
monthly regular compensation starting January 1, 2008. On June 1, 2008, he filed
his resignation effective June 30, 2008 and was not reemployed for the rest of the
year. The tax withheld from January to May was P15,208.75.
COMPUTATION:
Total compensation received from
January 1 to May 31, 2008
Add: Compensation to be received on June
Gross compensation Jan-June
P90,000.00
18,000.00
108,000.00
Less: Personal Exemption (HF old exemption)

Copyright 2016
25,000.00
82

P83,000.00
P11,100.00 *
P15,208.75
(P4,108.75)
Net Taxable Compensation

Tax Due
Less: Tax Withheld from Jan to May
To be refunded to Mr. D
* Tax on P70,000.00
8,500.00
2,600.00
P11,100.00
==========
Tax on P83,000.00
b) Mr. Z, single with a qualified dependent brother receives P18,000 as

monthly regular compensation starting January 1, 2008. On June 1, 2008, he filed
his resignation effective June 30, 2008 and was subsequently reemployed on July
6, 2008. The BIR Form 2316 he gave to his new employer showed that the amount
he received from his previous employer was P108,000 and a tax withheld of
P11,100. His withholding tax from the new employer amounted to P15,000.
COMPUTATION:
Previous employer
Add: Compensation from new employer
Gross compensation
Less: Personal Exemption (HF)
Tax Due
Less: Tax Withheld (11,100 + 15,000)
To be deducted from Mr. Z
* Tax on P140,000.00
Tax on P185,500.00
P108,000.00
115,000.00
223,000.00
37,500.00
P185,500.00
P33,875.00*
26,100.00
P7,775.00
P22,500.00
11,375.00
P33,875.00
==========
c) Mr. Y, single with a qualified dependent brother, had his first job on
July 2008. He receives P18,000 as monthly regular compensation. The tax
Copyright 2016
83
withheld was P12,083.75.

COMPUTATION:
July to November 2008
Add: Compensation to be received in December
Gross compensation
Less: Personal Exemption (pro-rated)
Tax Due
Less: Tax Withheld
To be refunded to Mr. Y
*Tax on P70,000.00
Tax on P83,000.00
P90,000.00
18,000.00
108,000.00
37,500.00
P70,500.00
P8,600.00 *
12,083.75
(P3,483.75)
P8,500.00
100.00
P8,600.00
=========
EXAMPLE VIII: (Year-end adjustments computation) For taxable year

2009, WTD Corporation (Full exemption per R.A. 9504 shall be used for calendar
year 2009) has the following employees:
1. Mr. E, married with two qualified dependent children who received
the following compensation for the year:
Basic Monthly Salary
Overtime Pay for November
Thirteenth Month Pay
Other Benefits
Withholding tax (Jan.-Nov.)
P45,000.00
P5,000.00
P45,000.00
P12,000.00
P98,082.00
2. Mr. F, married, whose wife is also employed, with two qualified

dependent children, received for the year:
Other Benefits
Withholding tax (Jan.-Nov.)
3.
P16,500.00
P16,500.00
P16,500.00
P12,924.23
Mr. G, single, who was hired on July 6, 2009 received the following:
Copyright 2016
P20,000.00
84

Monthly Salary from Previous
Employer (Jan.-June)
Withholding tax Previous employer
Present employer
P20,000.00
P6,000.00
P2,899.68
17,500.50
He paid for the year an annual premium on health and hospitalization

insurance amounting to P2,400.00.
4. Mrs. H, married, whose husband is also working received the
following:
Thirteenth Month Pay (8/12 x 35,000.00)
Other Benefits
Withholding tax (Jan.-August)
She resigned effective August 31, 2009.
P35,000.00
P23,333.33
P20,000.00
57,333.36
COMPUTATION OF WITHHOLDING TAX FOR DECEMBER 2009:

1. Mr. E
Compensation
Received
For the Year
P540,000
5,000
45,000
12,000
P602,000
Basic Salary (45,000 x 12mos.)

Overtime (Nov.)
13th month pay
Other benefits
Totals
Total Gross Compensation
Less: Personal exemption
Additional exemption (2 x P25,000)
Non-Taxable
P30,000
P30,000
P50,000.00
50,000.00
Net Taxable compensation

Tax Due *
250,000
222,000 x 30%
Less: Tax withheld from previous months (Jan.-Nov.)

Tax to be collected in December 2009
Copyright 2016
Taxable
P540,000
5,000
15,000
12,000
P572,000
=========
P572,000.00
100,000.00
P472,000.00
P50,000.00
66,600.00
116,600.00
98,082.27
P18,517.73
85
=========
* Tax Due is computed by using the rates prescribed in Sec. 24 (A), NIRC.
2. Mr. F
Compensation
Basic Salary
13th month pay
Other benefits
Totals
Received
For the Year
P198,000
16,500
16,500
P231,000
=======
Non-Taxable
P16,500
13,500
P30,000*
=======
Taxable
P198,000
3,000 *
P201,000
=======
*
Excess of 13th month pay and other benefits over the
P30,000.00 ceiling under Sec. 32 (b) (7) (e).
Total Compensation
Less: Personal and additional exemptions (ME2)
P201,000.00
100,000.00
P101,000.00
Net taxable compensation income

Tax Due
P14,700.00
12,924.23
P1,775.77
=========
Amount to be withheld in December 2009
3. Mr. G, Single Computation of withholding tax for December

Compensation from previous employer (Jan. to June)
Compensation from present employer (July 6 to Dec.)
Total taxable compensation (Jan. to Dec.)
Less: Personal exemptions
Premium payments on health &
hospitalization insurance
P36,000.00
120,000.00
156,000.00
50,000.00
* 2,400.00
Net taxable compensation

Tax Due
Less: Taxes Withheld
** Previous employer
*** Present employer
Copyright 2016
P2,899.68
17,500.50
52,400.00
P103,600.00
P15,220.00
20,400.18
86
Amount to be refunded in December
(P5,180.18)
========
* Premium payment on health and/or hospitalization shall be

allowed considering that gross compensation amounted to P156,000 only
and did not exceed P250,000.00.
** Refer to Certificate of Compensation Payment/Tax Withheld
(BIR Form No. 2316) issued by previous employer.
*** Taxes withheld from July 6 to December 31, 2008 computed
by the present employer using the cumulative computation.
aHECST
4. Mrs. H, married (computation of tax upon resignation):

Thirteenth Month Pay 8/12 x 35,000
Other Benefits
She resigned effective August 31, 2009.
Compensation
Basic Salary
13th month pay
Other benefits
Totals
Received
For the Year
P280,000.00
23,333.33
20,000.00
P323,333.33
P35,000.00
P23,333.33
P20,000.00
Non-Taxable
P23,333.33
6,666.67
30,000.00
Total Compensation
Less: Personal and additional exemptions
Tax Due (Jan. to August 31, 2009)
Less: Tax withheld (Jan.-August 31, 2009)
Excess tax withheld, to be refunded in August
Taxable
P280,000.00
13,333.33
P293,333.33
==========
P293,333.00
50,000.00
P243,333.33
P48,333.33
57,333.36
(P9,000.03)
==========
EXAMPLE IX: (Year-end adjustments computation) For taxable year

2008, WTD Service Company employed Mr. J, married with two qualified
dependent children. He received the following compensation for the year:
(excluding SSS/HDMF/PHIC employee's share)
Overtime Pay per month
Hazard Pay per month
Copyright 2016
P45,000.00
P5,000.00
P2,000.00
87
Thirteenth Month Pay given Dec. 2008

Other Benefits given Dec. 2008
P45,000.00
P12,000.00
COMPUTATION:
Total Compensation
(681,000 - 30,000 non-taxable benefits)*
Less: Personal
Additional exemptions
P651,000.00
41,000.00
33,000.00

Tax Due *
500,000
77,000 x 32%

Tax to be collected in December 2008
74,000.00
577,000.00
125,000.00
24,640.00
149,640.00
136,609.93
P13,030.07
=========
*
Exempt from taxation per Sec. 32 (B) (7) (e) of the Tax
Code, as amended re: 13th month pay and other benefits not exceeding
P30,000.
The annualized computation done for each employee shall be reflected by

the employer at the alphabetical list attached to BIR Form No. 1604-CF.
(c) If the compensation is paid other than daily, weekly, semi-monthly or
monthly, compute the tax to be deducted and withheld as follows:
a)
Annually refers to computation on annualized income;
b)
Quarterly and semi-annually divide the compensation by

three (3) or six (6), respectively, to determine the average
monthly compensation. Use the monthly withholding tax table
to compute the tax, and the tax so computed shall be multiplied
by three (3) or six (6), accordingly;
LLjur
Copyright 2016
c)
Bi-weekly divide the compensation by two (2) to determine

the average weekly compensation. Use the weekly withholding
tax table to compute the tax, and the tax so computed shall be
multiplied by two (2);
d)
Miscellaneous if compensation is paid irregularly, or for a
88
period other than those mentioned above, divide the

compensation by the number of days from last payment to date
of payment (excluding Sundays and holidays). Use the daily tax
table, the tax so computed shall be multiplied by the number of
days.
(C) Computation of Withholding Tax on Salaries and Benefits Received by
Employees other than rank and file. The procedures provided herein below
shall govern the computation of withholding tax on the taxable compensation
income of employees other than the rank and file pursuant to Sec. 2.79 (B) of these
regulations.
(1) Determine the total monetary and non-monetary compensation,
segregating gross benefits which includes thirteenth (13th) month pay, productivity
incentives, Christmas bonus and fringe benefits received by the employee per
payroll period. When computing under the annualized computation, the total
monetary and non-monetary compensation shall be that received for the calendar
year. Gross benefits received by officials and employees of public and private
entities shall be exempted from income tax and from withholding tax; provided
that the amount of exemption shall not exceed thirty thousand pesos (P30,000);
llcd
(2) Segregate the taxable from the non-taxable compensation (excluding

the fringe benefits
) paid to the employee. The taxable income refers to all
remuneration paid to an employee not otherwise exempted by law from income tax
and consequently from withholding tax. The non-taxable income are those which
are specifically exempted from income tax by the Code or other special laws as
listed in Sec. 2.78.1 (B) of these Regulations (e.g., benefits not exceeding P30,000,
non-taxable retirement benefits and separation pay);
(3) Segregate the taxable fringe benefit
and subject the same to
withholding pursuant to Subsection D of these section of the Regulations;
(4) Compute withholding tax on the taxable regular and supplementary
compensation in accordance with the procedures prescribed in Sec. 2.79(B)(1)(b)
of these regulations, for purposes of withholding per payroll period; and Sec.
2.79(B)(2) for purposes of computing under the cumulative average method or for
the year-end adjustment.
(D) Computation of Withholding Tax on Fringe Benefit.
(1) Final withholding tax on Fringe Benefits paid to employees other than
rank and file. There shall be imposed a final tax of 34% beginning January 1,
1998, 33% beginning January 1, 1999 and 32% beginning January 1, 2000 and
thereafter, on the grossed-up monetary value of fringe benefits pursuant to Sec. 33
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89
of the Code and its implementing regulations, granted or furnished by the

employer to his employees (except rank and file employees) unless the fringe
benefit is required by the nature of or necessary to the trade, business or profession
of the employer, and when the fringe benefit is for the convenience and advantage
of the employer.
The fringe benefit tax shall be paid by the employer in the same manner as
provided in Sec. 2.58 of these Regulations. It shall not form part of the gross
income of the employee. The imposition of the fringe benefits tax should be the
subject of a separate set of rules and regulations
which shall be issued for
the purpose.
(2) Grossed-up monetary value of Fringe Benefit.
(a)
In general the grossed-up monetary value of the fringe benefit

shall be determined by dividing the monetary value of the fringe
benefit by sixty six percent (66%) in 1998; sixty seven percent
(67%) in 1999; and sixty eight percent (68%) in 2000 and
thereafter.
(b)
The grossed-up monetary value of fringe benefits furnished to

employees and which are taxable under subsections B, C, D,
and E of Section 25
of the Code shall be determined by
dividing the monetary value of the fringe benefit by the
difference between one hundred percent (100%) and the
applicable rates of income tax prescribed on the aforesaid
sub-sections of Section 25, to wit:
cdasia
Subsection (B) Twenty-five percent on income

derived from sources within the Philippines by a
non-resident alien individual not engaged in trade or
business in the Philippines.
Subsection (C) Fifteen percent (15%) on income of
an alien individual employed by regional or area
headquarters of a multinational company or regional
operating headquarters of a multinational company,
including any of its Filipino employees employed and
occupying the same position as those of its aforesaid
alien employees.
Subsection (D) Fifteen percent (15%) on income of
an alien individual employed by an offshore banking unit
of a foreign bank established in the Philippines,
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including any of its Filipino employees employed and

occupying the same position as those of its aforesaid
alien employees.
Subsection (E) Fifteen percent (15%) on the income
of an alien individual employed by a foreign service
subcontractor engaged in petroleum operations in the
Philippines, including any of its Filipino employees
employed and occupying the same position as those of
its aforesaid alien employees.
(3) Non-taxable Fringe Benefits.
are not subject to the fringe benefits tax.
The following fringe benefits
(a)
Fringe benefits paid to rank and file employees. Fringe

benefits furnished or granted to rank and file employees shall
form part of the employees gross compensation income subject
to the withholding tax table on compensation under Section
2.79 (B) of these Regulations.
(b)
Fringe benefits which are authorized and exempted from

income tax and consequently from withholding tax under the
Code, as amended, or under any special law.
(c)
Contributions of the employer for the benefit of the employee to

retirement, insurance and hospitalization benefit plans.
(d)
De minimis benefits. For purposes of determining whether the

fringe benefit shall be considered payments of de minimis
benefits, the employer shall submit a written representation to
the Commissioner for the issuance of a ruling taking into
account the peculiar nature and special need of the said
employer's trade, business or profession.
The term "de minimis benefits" which is exempt from the fringe benefit tax
shall, in general, be limited to facilities or privileges (such as entertainment,
Christmas party and other cases similar thereto; medical and dental services; or the
so-called courtesy discount on purchases), furnished or offered by an employer to
his employees, provided such facilities or privileges are of relatively small value
and are offered or furnished by the employer merely as a means of promoting the
health, goodwill, contentment, or efficiency of his employees.
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(E) Computation of Withholding Tax on Compensation Paid to Alien

Employees of Certain Employers. There shall be imposed a final withholding
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tax of fifteen percent (15%) on the salaries, annuities, compensation, remuneration

and other emoluments such as honoraria and allowances paid to its alien
employees occupying managerial and technical positions and Filipino employees
occupying similar positions by the following employers:
(1)
Area or regional headquarters of multinational corporations and

regional operating headquarters under Sec. 25 (C);
(2)
Offshore banking units under Sec. 25 (D) and FCDU;
(3)
Petroleum service contractors and sub-contractors under Sec. 25

(E) of the Code.
(F) Requirement for Deductibility.

The provisions of Sec. 2.58.5
of RR 2-98, as amended, shall apply. Provided, that compensation income where
no income taxes were withheld pursuant to Section 2.79 (A) of these
regulations, shall be allowed as deduction from an employer's gross income
when the required employees withholding statement (BIR Form No. 2316)
have been issued to subject employees in accordance with Sec. 2.83.1 of RR
2-98, as amended. Provided, further, that the Alphabetical List of the subject
employees, including MWEs, shall be submitted under BIR Form No. 1604-CF
in accordance with Sec. 2.83.2 of RR 2-98, as amended.
(G) Tax Paid by Recipient. The provisions of Sec. 2.58.6 of these
Regulations shall apply.
(H) Non-deductibility of Tax and Credit for Tax Withheld. The tax
deducted and withheld at source on compensation income shall neither be allowed
as a deduction from the employer's gross income nor from the recipient's gross
compensation income. The entire amount of the compensation from which the tax
is withheld shall be included in gross income to be reported in the return required
to be made by the recipient of the income without deduction for such tax. The
creditable tax withheld at source, however, is allowable as a credit against the tax
imposed by the NIRC to the recipient of the income. Any excess of the tax
withheld at source, over the tax ascertained to be due on the income tax return
shall be refunded or automatically credited, at the taxpayer's option, to the
recipient of the income. Such refund or credit shall be without prejudice to
whatever adjustments may be proper after field investigation or upon information
relative to the taxpayer's income tax liability under the main provisions of the
Code, as amended. If the tax has actually been withheld at source, a credit or a
refund shall be made to the recipient of the income even though such withheld tax
has not been paid to the government by the employer. For the purpose of the
credit, the recipient of the income is the person subject to tax, on whose
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compensation the tax was withheld.
cdtai
Any excess of the tax which was withheld on compensation over the tax
due from the taxpayer shall be returned not later than July 15 of the following
year. Refunds made after such time shall earn interest at the rate of six percent
(6%) per annum, starting after the lapse of the three month period up to the date
when the refund is made.
Refunds shall be made upon warrants drawn by the Commissioner or by his
authorized representative without the necessity of counter-signature by the
Chairman, Commission on Audit or the latter's duly authorized representative as an
exception to the requirement prescribed by Section 49,
Chapter 8, Subtitle
B, Title I of Book V of Executive Order No. 292,
otherwise known as the
Administrative Code of 1987.
(I) Right to Claim Withholding Exemptions.
An employee
receiving compensation shall be entitled to withholding exemptions as provided in
the Code, as amended. In order to receive the benefit of such exemptions, the
employee must file the Application for Registration (BIR Form No. 1902), upon
employment, or a Certificate of Update of Exemption and of Employer's and
Employee's Information (BIR Form No. 2305), in case of updates on changes in
his exemption. The withholding exemption to which an employee is entitled
depends upon his status and the number of dependents qualified for additional
exemptions. Each employee shall be allowed to claim the following amount of
exemptions, with respect to compensation paid on or after July 6, 2008.
(1) Personal and additional exemptions.
(a)
Basic personal exemptions. Individual taxpayers

regardless of status are entitled to P50,000 personal
exemption.
(b) Additional exemptions for taxpayers with dependents. An

individual whether single or married, shall be allowed an additional exemption
of Twenty Five Thousand Pesos (P25,000) for each qualified dependent child,
provided that the total number of dependents for which additional exemptions may
be claimed shall not exceed four (4) dependents. The additional exemptions for
QDC shall be claimed by only one of the spouses in the case of married
individuals.
A dependent means a legitimate, illegitimate or legally adopted child
chiefly dependent upon and living with the taxpayer if such dependent is not more
than twenty-one (21) years of age, unmarried and not gainfully employed or if
such dependent, regardless of age, is incapable of self-support because of mental
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93
or physical defect.
The husband shall be the proper claimant of the additional exemption for
qualified dependent children unless he explicitly waives his right in favor of his
wife in the Application for Registration (BIR Form No. 1902) or in the Certificate
of Update of Exemption and of Employer's and Employee's Information (BIR
Form No. 2305), whichever is applicable: Provided, however, that where the
spouse of the employee is unemployed or is a non-resident citizen deriving income
from foreign sources, the employed spouse within the Philippines shall be
automatically entitled to claim the additional exemptions for children.
Every employer should ascertain whether or not a child being claimed is
a qualified dependent under the provisions of these Regulations. If the
employee should have additional dependent(s), as defined above, during the
taxable year, he may claim the corresponding additional exemption, as the case
may be, in full for such year.
If the taxpayer dies during the taxable year, his estate may still claim
the personal and additional exemptions for himself and his dependent(s) as if
he died at the close of such year. If the spouse or any of the dependents dies or
if any of such dependents marries, becomes twenty-one (21) years old or
becomes gainfully employed during the taxable year, the taxpayer may still
claim the same exemptions as if the spouse or any of the dependents died, or as
if such dependents married, became twenty-one (21) years old or became
gainfully employed at the close of such year. Provided, that in 2008, the
pro-rated personal and additional exemptions shall apply as stated in the
regulations.
The personal and additional exemptions herein above stated shall apply
after the transitory period.
EXAMPLE X: Mr. M got married on July 20, 2008, when his girlfriend
was four (4) months pregnant. On December 26, 2008, the wife gave birth to
twins. Earnings from January 1 to July 5, 2008 is P150,000.00 and for the rest of
2008, he earned P200,000.00 more. The tax due for 2008 is computed as follows:
Compensation Income (January 1-July 5, 2008)
Compensation Income (July 6 to December 31, 2008)
Total Compensation for 2008
Less: Personal Exemption
Additional Exemption (16,500 x 2)
Taxable Compensation Income
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P41,000.00
33,000.00
P150,000.00
200,000.00
350,000.00
=========
74,000.00
P276,000.00
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P50,000.00
7,800.00
P57,800.00
==========
Tax Due: 250,000.00

266,000.00 x 30%
Total
SECTION 2.79.1. Application for Registration for Individuals Earning

Compensation Income (BIR Form No. 1902).
The application for
registration of employees shall be accomplished by both employer and employee
relating to the following information and other requirements:
(A) Employee.
(1) Name/Taxpayer's
Identification
Number
(TIN)/Address
employee/other information required as stated in BIR Form No. 1902;
of
(2) Status of employee whether SINGLE/legally separated/widow or

widower with no dependent child or married;
(3) Status of spouse of the employee. If the employee is legally
married, the Name/TIN, if any, of the spouse and whether said spouse is
employed, unemployed, employed abroad, or is engaged in trade or business
should be indicated on the application;
(4) Qualified dependents. Name and date of birth of qualified
dependent/s child(ren);
(5) Claimant of exemption for children. The husband is the proper
claimant of additional exemptions for qualified dependent children. However, the
wife shall claim full additional exemption for children in the following cases:
(a)
Husband is unemployed;
(b)
Husband is a non-resident citizen deriving income from foreign

sources;
(c)
The husband waives his right to claim the exemptions of

children (waiver should be for all children) in a sworn
statement to be attached to his Application for Registration
(BIR Form No. 1902) and that of his wife's, in accordance with
the procedures prescribed in this Section;
(6) Required forms and attachments. Upon filing the Application for
Registration (BIR Form No. 1902) or Certificate of Update of Exemption and of
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Employer's and Employee's Information (BIR Form No. 2305), whichever is

applicable, the taxpayer is required to attach any of the following documents to
establish the status of the taxpayer, if applicable, to the application:
(a)
Marriage Contract;
(b)
Birth Certificate of each qualified dependent child(ren),

certified by the Local Civil Registry Office/National
Statistics Office (NSO)/equivalent document issued by a
government office previously requiring certified copy
showing the name of parents/and the name of the QDC with
birth date (e.g. passport of QDC as certified by company's
Human Resource Officer);
(c)
Certificate of employment of the husband if he is working

abroad;
(d)
Sworn Declaration and Waiver of Right to Claim

Exemptions of Qualified Dependent Child(ren) by the
Husband (Annex "F") in case wife is claiming the additional
exemptions of the children;
(e)
Medical Certificate of qualified dependent child,

physically/mentally incapacitated;
(f)
Court decision of legal adoption of children;
(g)
Death Certificate; and
(h)
Other documentary evidence, where the above documents

are not available.
if
(7) Concurrent multiple employments. An employee who is employed

concurrently by two or more employers within the same period of time during the
taxable year shall file the Application for Registration (BIR Form No. 1902) with
his main employer (employer to whom the said employee renders his services
for most of his time during the taxable year) and shall furnish a copy of the duly
received Application with his secondary employers (2nd, 3rd, etc. employers). The
employed husband and wife shall each file a separate application with their
respective employers;
(8) Successive multiple employment An employee who transferred to
another employer during the taxable year, shall furnish his new Employer with a
Certificate of Update of Exemption and of Employer's and Employee's
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96
Information (BIR Form No. 2305) indicating therein his previous employments
during the taxable year (name of employer/s, address/es, TIN/s and the date/s of
his separation) and attach to the said certificate, a copy of the Certificate of
Compensation Payment/Tax Withheld (BIR Form No. 2316) for compensation
payment with or without withholding tax for the calendar year issued by
previous employer/s.
For an employee with successive employment beginning July 6, 2008 to
December 31, 2008, the employer/s for the second semester shall apply the
pro-rated exemption prevailing for the first semester ending July 5, 2008 based
on BIR Form No. 2316 issued by the previous employer which was submitted
by the employee and the pro-rated exemption prevailing for the second
semester ending December 31, 2008 in the computation of year-end
adjustment;
(9) Mixed Income An individual receiving a combination of
compensation and business/professional income shall first deduct the allowable
personal and additional exemptions from compensation income, only the excess
therefrom can be deducted from business or professional income. In the case of
husband and wife, the husband shall be the proper claimant of the additional
exemptions unless he waives it in favor of his wife.
(B) Employer. The employer with whom the Application for
Registration (BIR Form No. 1902) is filed, must indicate the date of receipt
thereon and accomplish Part V of the said Application pertaining to Employer's
Information such as TIN, Employer's Registered Name, and other relevant
information.
(C) Procedures for the filing of the Application for Registration (BIR
Form No. 1902)
(1) All employers shall require their employees to accomplish in triplicate
the Application for Registration BIR Form 1902 (Original copy - RDO;
Duplicate - employer; Triplicate - employee) described above as follows:
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(a)
New employee/s shall accomplish and file the Application for

Registration for Individuals Earning Compensation Income
(BIR Form No. 1902) within ten (10) days from the date of
employment;
(b)
In case of changes in the information data in the Application

for Registration (BIR Form No. 1902) previously submitted
by the employee, consisting of changes in status and personal
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and additional exemptions, employment/working status of

the spouse of the employee, multiple employment status and
amount of compensation income, a Certificate of Update of
Exemption and of Employer's and Employee's Information
(BIR Form No. 2305) reflecting the changes, together with
the required documents/evidence of changes must be
submitted to the employer within ten (10) days after such
change. The employer shall then make the necessary
adjustments on the withholding tax of the employee based on
the new information;
(2) The employer shall transmit all copies of the Application for
Registration (BIR Form No. 1902) or Certificate of Update of Exemption and
of Employer's and Employee's Information (BIR Form No. 2305), whichever is
applicable, (after accomplishing the portion of Employer's information of either
forms) to the RDO where the employer is registered within thirty (30) days
following its receipt from the employee. The RDO or his duly authorized
representative, where the employer is registered, shall receive and stamp the
three copies. The triplicate copy duly stamped received by the BIR shall be given
to the employee.
(3) The employer shall review the exemptions of the employees and shall,
in the computation of taxes required to be withheld on the compensation of
employees, apply the correct and applicable exemptions as provided in these
regulations.
(4) In case the husband waives his right to claim the additional exemptions
of children in favor of his wife, he shall accomplish a Sworn Declaration and
Waiver of Right to Claim Exemptions of Qualified Dependent Child(ren) by
the Husband (Annex "F") in accordance with the following procedures:
(a)
Fill up three (3) copies of the prescribed waiver form.
(b)
Submit the waiver form together with the BIR Form No.
1902 to his employer within ten (10) days from employment,
for acknowledgment in the space provided for that purpose.
The employer of the husband shall:

(i)
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After filling up the acknowledgment portion of the

waiver form, retain the duplicate copy of the form and
furnish the employee the original and triplicate copies
for submission to the employer of the wife and for file of
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the employee, respectively.

(ii)
Stop deductions of additional exemptions for qualified

dependent children from the husband's compensation
income starting the following month.
The employer of the wife shall, upon receipt of copy of the waiver form
duly acknowledged by the employer of the husband, start deducting additional
exemptions for children from the wife's income on the month when the employer
of the husband stopped deducting the exemptions of children from the husband's
income.
(c)
The employed husband and wife shall apply the waiver in the
computation of their respective taxable income in the income
tax return required to be filed by them following the procedure
for filing the waiver under Section 2.79.1 (C)(4) of these
regulations, that is, the husband shall not deduct exemptions of
children from his compensation income because he has waived
the same (exemptions of children) in favor of his wife who will
now deduct said exemptions from her income in computing her
tax due.
Waiver exercised during the calendar year shall be made only once in a
calendar year and shall take effect for the present calendar year and succeeding
year/s until revoked by the husband. Any waiver/revocation of such waiver shall
take effect only starting the succeeding calendar year. In no case should an
employer of the wife deduct exemptions of children from the wife's income unless
the waiver by the husband has been duly acknowledged by the employer of the
husband.
Registration of employees receiving purely compensation income shall
be at the RDO having jurisdiction over the employee's place of assignment
considering that the employee submits application for registration/exemption
updates to their employer. In cases of multiple employment, it shall be at the
RDO where the main employer is registered.
SECTION 2.79.2. Failure to file Application for Registration (BIR Form
No. 1902) or Certificate of Update of Exemption and of Employer's and
Employee's Information (BIR Form No. 2305).
Where an employee, in
violation of these regulations either fails or refuses to file an Application for
Registration (BIR Form No. 1902) together with the required attachments, the
employer shall withhold the taxes prescribed under the Schedule for Zero
Exemption of the Revised Withholding Tax Table. In case of failure to file the
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Certificate of Update of Exemption and of Employer's and Employee's

Information (BIR Form No. 2305) together with the attachments, the employer
shall withhold the taxes based on the reported personal exemptions existing prior
to the change of status and without reflecting any change. Any refund or
underwithholding that shall arise due to the violations shall be covered by the
penalties prescribed in Section 80 of the NIRC, as amended.
SECTION 2.79.3. Withholding on the Basis of Average Compensation.
The employer may withhold the tax under the NIRC, as amended, on the
basis of the employee's average estimated compensation, with the necessary
adjustments, for any month/quarter/year.
SECTION 2.79.4. Husband and Wife.
Where both husband and
wife are each recipients of compensation either from the same or different
employers, taxes to be withheld shall be determined on the following basis:
(A)
The husband shall be deemed the proper claimant of the

additional exemption in respect to any dependent children,
unless he explicitly waives his right in favor of his wife in the
application for registration or in the withholding exemption
certificate. The waiver may be done any time during the year.
(B)
In general, taxes shall be withheld from the wages of the wife in

accordance with the schedule for a married person without any
qualified dependent.
SECTION 2.79.5. Non-Resident Aliens. Compensation for services

rendered in the Philippines paid to non-resident aliens engaged in trade or business
shall be subject to withholding under these Regulations.
SECTION 2.79.6. Year-End Adjustment.
On or before the end of
the calendar year, and prior to the payment of the compensation for the last payroll
period, the employer shall determine the sum of the taxable regular and
supplementary compensation paid to each employee for the entire year, including
the last compensation to be paid and compute for the amount of income tax on the
annualized gross compensation income; Provided however, that the taxable fringe
benefits received by employees except those given to the rank and file shall be
subject to a final fringe benefits tax.
SECTION 2.80.
(A) Employer.
Liability for Tax.
(1) In general, the employer shall be responsible for the withholding and
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100
remittance of the correct amount of tax required by deducting and withholding

from the compensation income of his employees. If the employer fails to withhold
and remit the correct amount of tax, such tax shall be collected from the employer
together with the penalties or additions to the tax otherwise applicable.
(2) The employer who is required to collect, account for and remit any tax
imposed by the NIRC, as amended, who willfully fails to collect such tax, or
account for and remit such tax or willfully assist in any manner to evade any
payment thereof, shall in addition to other penalties, provided for in the Code, as
amended, be liable, upon conviction, to a penalty equal to the amount of the tax
not collected nor accounted for or remitted.
Cdpr
(3) Any employer/withholding agent who fails, or refuses to refund excess

withholding tax not later than January 25 of the succeeding year shall, in addition
to any penalties provided in Title X
of the Code, as amended, be liable to a
penalty equal to the total amount of refund which was not refunded to the
employee resulting from any excess of the amount withheld over the tax actually
due on their return.
(B) Employee.
Where an employee fails or refuses to file the
Application of Registration or Certificate of Update of Exemption and of
Employer's and Employee's Information (BIR Form No. 2305) together with
the attachments or willfully supplies false or inaccurate information thereunder
after due written notice by the employer, the tax otherwise to be withheld by the
employer shall be collected from him including penalties or additions to the tax
from the due date of remittance until the date of payment. On the other hand,
where the employee, after due written notice from the employer, willfully fails or
refuses to file the Application for Registration or the Certificate of Update of
Exemption and of Employer's and Employee's Information, whichever is
applicable, or willfully supplies false and inaccurate information, the excess taxes
withheld by the employer shall not be refunded to the employee but shall be
forfeited in favor of the government.
(C) Additions to Tax.
(1) There shall be imposed, in addition to the tax required to be paid, a
penalty equivalent to twenty five percent (25%) of the amount due, in the
following cases:
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(a)
Failure to file any return and pay the tax due thereon as
required under the provisions of the Code or these regulations
on the date prescribed; or
(b)
Unless otherwise authorized by the Commissioner, filing a
101
return with an internal revenue officer other than those with

whom the return is required to be files; or
(c)
Failure to pay the deficiency tax within the time prescribed for
its payment in the notice of assessment; or
(d)
Failure to pay the full or part of the amount of tax shown on

any return required to be filed under the provisions of the Code
or these regulations, or the full amount of tax due for which no
return is required to be filed, or before the date prescribed for
its payment; or
(e)
In case of willful neglect to file the return within the period

prescribed by the Code or regulations, or in case a false or
fraudulent return is willfully made, the penalty to be imposed
shall be fifty percent (50%) 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.
(f)
The penalties imposed hereunder shall apply in the case of a

deficiency tax assessment which has become final and
executory but which is not paid within the time prescribed for
payment. The interest shall be imposed on the total amount due,
inclusive of the deficiency increments.
(2) Interest There shall be assessed and collected on any unpaid

amount of tax, an interest at the rate of twenty percent (20%) per annum, or such
higher rate as may be prescribed for payment until the amount is fully paid.
(3) Deficiency Interest Any deficiency in the basic tax due, as the term
is defined in the Code, shall be subject to the interest prescribed in paragraph (a)
hereof, which interest shall be assessed and collected from the date prescribed for
its payment until the full payment thereof.
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If the withholding agent is the government or any of its agencies, political

subdivisions, or instrumentalities or a government-owned or controlled
corporation, the employee thereof responsible for the withholding and remittance
of tax shall be personally liable for the surcharge and interest imposed herein.
(D) Failure to File Certain Information Returns (Sec. 250 of the Code).
In the case of each failure to file an information return, statement or list, or keep
any record, or supply any information required by this Code or by the
Commissioner on the date prescribed therefor, unless it is shown that such failure
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is due to reasonable cause and not to willful neglect, there shall, upon notice and
demand by the Commissioner, be paid by the person failing to file, keep or supply
the same, one thousand pesos (P1,000) for each such failure: Provided, however,
That the aggregate amount to be imposed for all such failures during a calendar
year shall not exceed twenty-five thousand pesos (P25,000).
(E) Specific Penalties. Notwithstanding the penalties hereunder
provided, the following violations may be extrajudicially settled through
compromise pursuant to Sec. 204
of the Code.
(1) Failure to file return, supply correct and accurate information, pay
tax, withhold and remit tax and refund excess tax withheld on compensation (Sec.
255 of the Code). Any person required under the Code, as amended, or by
regulations to pay any tax, make a return, keep any record/s, or supply correct and
accurate information, who willfully fails to pay such tax, make such return, keep
any record/s, or supply correct and accurate information, or withhold or remit
taxes withheld, or refund excess taxes withheld on compensation, at the time or
times required by law, shall in addition to the other penalties provided by law,
upon conviction thereof, be fined not less than ten thousand pesos (P10,000) and
imprisonment of not less than one (1) year but not more than the (10) years.
(2) Declarations under penalties of perjury (Sec. 267 of the Code).
Any declaration, return and other statements required under the Code, as amended,
shall, in lieu of an oath, contain a written statement that they are made under the
penalties of perjury. Any person who willfully files a declaration, return or
statement containing information which is not true and correct as to every material
matter shall, upon conviction, be subject to the penalties prescribed for perjury
under the Revised Penal Code.
(3) Violation of withholding tax provision by a government officer (Sec.
272 of the Code).
Every officer or employee of the government of the
Republic of the Philippines or any of its agencies and instrumentalities, its political
subdivisions, as well as government-owned or controlled corporation including the
Central Bank who, under the provisions of the Code, as amended, or regulations
promulgated thereunder, is charged with the duty to deduct and withhold any
internal revenue tax and to remit the same in accordance with the provisions of the
Code as amended, and other laws shall be guilty of any offense herein below
specified and upon conviction of each act or omission, be fined in a sum not less
than five thousand pesos (P5,000) but not more than fifty thousand pesos
(P50,000) or imprisoned for a term of not less than six months and one day but not
more than two years, or both:
(a)
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Those who fail or cause the failure to deduct and withhold any
103
internal revenue tax under any of the withholding tax laws and
implementing regulations;
(b)
Those who fail or cause the failure to remit taxes deducted and
withheld within the time prescribed by law, and implementing
regulations; and
(c)
Those who fail or cause the failure to file a return or statement

within the time prescribed, or render or furnish a false or
fraudulent return or statement required under the withholding
tax laws and regulations.
(4) Violation of other provisions of the Code or regulations in general

(Sec. 275 of the Code). A person who violates any provision of the Code, as
amended, or any regulation, for which no specific penalty is provided by law shall,
upon conviction for its act or omission, be fined in a sum of not more than one
thousand pesos or imprisoned for a term of not more than six months, or both.
The specific schedule of penalties shall be provided in a separate regulation.
SECTION 2.81. Filing of Return and Payment of Income Tax Withheld
on Compensation (Form No. 1601).
Every person required to deduct and
withhold the tax on compensation, including large taxpayers as determined by
the Commissioner, shall make a return and pay such tax on or before the 10th day
of the month following the month in which withholding was made to any
authorized agent bank within the Revenue District Office (RDO) or in places
where there are no agent banks, to the Revenue District Officer of the City or
Municipality where the withholding agent/employer's legal residence or place of
business or office is located; provided, however, that taxes withheld from the last
compensation (December) for the calendar year shall be paid not later than January
15 of the succeeding year; Provided, however, that with respect to taxpayers,
whether large or non-large, who availed of the EFPS, the deadline for
electronically filing the aforesaid withholding tax return and paying the tax
due thereon via the EFPS shall be five (5) days later than the deadlines set
above.
If the person required to withhold and pay the tax is a corporation, the
return shall be made in the name of the corporation and shall be signed and
verified by the president, vice-president, or authorized officers.
With respect to any tax required to be withheld by a fiduciary, the returns
shall be made in the name of the individual, estate, or trust for which such
fiduciary acts, and shall be signed and verified by such fiduciary. In the case of
two or more joint fiduciaries the return shall be signed and verified by one of such
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104
fiduciaries.
SECTION 2.82. Return and Payment in Case Where the Government is
the Employer.
If the Government of the Philippines, its political
subdivision or any agency or instrumentality, as well as government-owned or
controlled corporation is the employer, the returns of the tax may be made by the
officer or employee having control of payment of compensation or other officer or
employee appropriately designated for the purpose.
SECTION 2.83.
Statement and Returns.
SECTION 2.83.1. Employees Withholding Statements (BIR Form No.

2316).
In general, every employer or other person who is required to
deduct and withhold the tax on compensation including fringe benefits given to
rank and file employees, shall furnish every employee from whose compensation
taxes have been withheld the Certificate of Compensation Payment/Tax Withheld
(BIR Form No. 2316) on or before January 31 of the succeeding calendar year, or
if employment is terminated before the close of such calendar year, on the day on
which the last payment of compensation is made. Failure to furnish the same shall
be a ground for the mandatory audit of payor's income tax liabilities (including
withholding tax) upon verified complaint of the payee.
Employers of MWEs are still required to issue BIR Form No. 2316
(June 2008 Encs version) to the MWEs on or before January 31 of the
following year.
The employer shall furnish each employee with the original and duplicate
copies of BIR Form No. 2316 showing the name and address of the employer;
employer's TIN; name and address of the employee; employee's TIN; amount of
exemptions claimed amount of premium payments on health and/or
hospitalization insurance not exceeding P2,400.00, if any; the sum of
compensation paid including the non-taxable benefits; the amount of statutory
minimum wage received by MWEs; Overtime pay, holiday pay, night shift
differential pay and hazard pay received by MWEs; the amount of tax due; the
amount of tax withheld during the calendar year and such other information as
may be required. The statement must be signed by both the employer or other
authorized officer and the employee, and shall contain a written declaration that it
is made under the penalties of perjury. If the employer is the Government of the
Philippines, its political subdivision, agency or instrumentality or
government-owned or controlled corporation, the statement shall be signed by the
duly designated officer or employee.
The Certificate of Compensation Payment/Tax Withheld (BIR Form No.
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105
2316) shall contain a certification to the effect that the employer's filing of BIR
Form No. 1604-CF shall be considered as a substituted filing of the employee's
income tax return to the extent that the amount of compensation and tax withheld
appearing in BIR Form No. 1604CF as filed with the BIR is consistent with the
corresponding amounts indicated in BIR Form No. 2316. It shall be signed by both
the employee and employer attesting to the fact that the information stated therein
has been verified and is true and correct to the best of their knowledge. However,
the withholding agents/employers are required to retain copies of the duly signed
BIR Form No. 2316 for a period of three (3) years as required under the NIRC.
Where the employee is a MWE defined under RA 9504 whose income is
exempt from income tax and, consequently, from withholding tax, BIR Form
No. 2316 shall show the sum of non-taxable SMW paid including the
non-taxable benefits such as holiday pay, overtime pay, night shift differential
pay and hazard pay earned during the calendar year and such other
information as may be required. Provided, that the applicable box for MWEs
under BIR Form No. 2316 (June 2008 Encs. version) are sufficiently filled-up.
This serves as proof of financial capacity for purposes of loans, and for other
purposes with various government agencies.
Separated/terminated employees within the period from January 1 to
July 5, 2008, where the total exemptions (e.g. married-P32,000) used in the
annualized computation were likewise shown in the issued BIR Form 2316,
shall be reported by the employer under the alphalist of terminated employees
with date of termination/separation.
For those with changes in exemptions, such as that of having an
additional dependent child, or for those with successive employment for
taxable year 2008, the applicable apportioned exemption for January 1 to July
5, 2008 shall be applied for the first semester and the applicable apportioned
exemption for July 6 to December 31, 2008 shall be applied for the second
semester.
The employee who is qualified for substituted filing of income tax return
under these regulations shall no longer be required to file income tax return (BIR
Form No. 1700) since BIR Form No. 1604-CF with alphalists of employees shall
be considered a substituted return filed by the employer. BIR Form No. 2316, duly
certified by both employee and employer, shall serve the same purpose as if a BIR
Form No. 1700 had been filed, such as proof of financial capacity for purposes of
loan, credit card, or other applications, or for the purpose of availing tax credit in
the employee's home country and for other purposes with various government
agencies. This may be used for purposes of securing travel tax exemption, when
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106
necessary.
However, information referring to the certification, appearing at the bottom
of BIR Form No. 2316, shall not be signed by both the employer and the employee
if the latter is not qualified for substituted filing. In which case, BIR Form No.
2316 furnished by the employer to the employee shall be attached to the
employee's Income Tax Return (BIR Form Nos. 1700 or 1701 in the case of mixed
income earners) to be filed on or before April 15 of the following year.
In case of successive employments during the taxable year, an extra copy
of BIR Form No. 2316 shall be furnished by the employee, duly certified by his
previous employer/s and by him, to his new employer.
SECTION 2.83.2. Annual Information Return of Income Taxes Withheld on
Compensation and Final Withholding Taxes (BIR Form No. 1604-CF).
Every employer or other persons required to deduct and withhold the tax is
required to file with the Large Taxpayers Assistance Division (LTAD)/Large
Taxpayers District Office (LTDO)/RDO where the payor/employer is
registered as Withholding Agent on or before January 31 of the following year
an Annual Information Return of Income Taxes Withheld on Compensation
and Final Withholding Taxes (BIR Form No. 1604-CF), to be submitted with
the alphabetical list of employees/payees.
(A) The Annual Information Return of Income Taxes Withheld on
Compensation must show among others, the following:
(1)
Withholding Agent's registered name, address and Taxpayer's

Identification Number (TIN);
(B) The alphabetical list of employees must show the following:

(1)
Name and TIN of employees;
(2)
Gross compensation paid by present and previous employers for

the calendar year;
(3)
(a) Taxable 13th month pay/other benefits for the rank and file
employees
(b) Taxable fringe benefits for managerial employees;
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(4)
Non-taxable 13th month pay/other benefits (Present employer)
(5)
Non-taxable statutory minimum wage;
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(6)
Non-taxable holiday pay, overtime pay, night shift

differential pay and hazard pay (minimum wage earners
only);
(7)
(a) For 2008, Amount of Exemptions (January 1 to July 5,

2008) and Amount of Exemptions (July 6 to December 31,
2008);
(b) For 2009 and thereafter, Amount of Exemptions;
(8)
Amount of premium payments on health and/or hospitalization

insurance not exceeding P2,400.00, if any;
(9)
Tax required to be withheld computed in accordance with Sec.

24 (A) of the Code;
(10)
Tax withheld by all present employers for the calendar year;

and
(11)
Adjustment, if any.
(C) The alphabetical list of employees shall be prepared indicating,

among others, separate listings of the following:
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(1)
Employees Separated/Terminated before December 31 of the

taxable year (indicate date of separation/termination);
(2)
Employees whose compensation income are exempt from

withholding tax BUT subject to income tax;
(3)
Employees whose total compensation income are exempt

from withholding tax and not subject to income tax (indicate
if MWE);
(4)
Employees as of December 31 of the taxable year with no

previous employment within the year;
(5)
Employees as of December 31 of the taxable year with

previous employment within the year;
(6)
Employees who received Fringe Benefits subjected to Fringe

Benefit Tax;
(7)
Alien employees subject to withholding tax.
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Employers with centralized accounting system, or those mandated to

consolidate remittances (e.g. large taxpayers), shall prepare alphalists on a
regional basis or per branch office, due to the identification of SMW per
region where the employee is assigned, which shall be submitted to the BIR
where the head office is located.
In cases where no information was provided by a previous employer, such
fact shall be stated in BIR Form No. 1604-CF and the present employer shall not
be liable to any penalties.
SECTION 2.83.3. Requirement for List of Payees.
All
withholding agents shall, regardless of the number of employees and payees,
whether the employees/payees are exempt or not, submit an alphabetical list of
employees and list of payees on income payments subject to creditable and
final withholding taxes which are required to be attached as integral part of
the Annual Information Returns (BIR Form No. 1604CF/1604E) and Monthly
Remittance Returns (BIR Form No. 1601C, etc.), under the following modes:
(1) As attachment in the Electronic Filing and Payment System
(eFPS);
(2) Through Electronic Submission using the BIR's website address at
[email protected]; and
(3) Through Electronic Mail (email) at dedicated BIR addresses using
the prescribed CSV data file format, the details of which shall be issued in a
separate revenue issuance.
In cases where any withholding agent does not have its own internet
facility or unavailability of commercial establishments with internet connection
within the location of the withholding agent, the alphalist prescribed herein
may be electronically mailed (e-mail) thru the e-lounge facility of the nearest
revenue district office or revenue region of the BIR.
The submission of the herein prescribed alphalist where the income
payments and taxes withheld are lumped into one single amount (e.g.,
"Various employees", "Various payees", "PCD nominees", "Others", etc.)
shall not be allowed. The submission thereof, including any alphalist that that
does not conform with the prescribed format thereby resulting to the
unsuccessful uploading into the BIR system shall be deemed not as received
and shall not qualify as a deductible expense for income tax purposes.
Accordingly, the manual submission of the alphabetical lists containing
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less than ten (10) employees/payees by withholding agents under Annual

Information Returns BIR Form No. 1604CF and BIR No. 1604E shall be
immediately discontinued beginning January 31, 2014 and March 1, 2014,
respectively, and every year thereafter.
SECTION 2.83.4. Substituted Filing of Income Tax Returns by Employees
Receiving Purely Compensation Income.
Individual taxpayers receiving
purely compensation income, regardless of amount, from only one employer in the
Philippines for the calendar year, the income tax of which has been withheld
correctly by the said employer (tax due equals tax withheld) shall not be required
to file BIR Form No. 1700. In lieu of BIR Form No. 1700, the Annual Information
Return of Income Taxes Withheld on Compensation and Final Withholding Taxes
(BIR Form No. 1604-CF) (hard copy) filed by their respective employers, duly
stamped "received" by the BIR, shall be tantamount to the substituted filing of
income tax returns by said employees.
The following individuals, however, are not qualified for substituted filing
and therefore, still required to file BIR Form No. 1700 in accordance with existing
regulations:
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(A)
Individuals deriving compensation from two or more employers

concurrently or successively at anytime during the taxable year.
(B)
Employees deriving compensation income, regardless of the

amount, whether from a single or several employers during the
calendar year, the income tax of which has not been withheld
correctly (i.e. tax due is not equal to the tax withheld) resulting
to collectible or refundable return.
(C)
Minimum wage earners including employees of the

government of the Philippines, or any political subdivisions,
agencies or instrumentalities, with Salary Grades 1 to 3
whose income were not subjected to withholding tax but
subject to income tax from January 1 to July 5, 2008.
(D)
Individuals deriving other non-business, non-profession-related

income in addition to compensation income not otherwise
subject to a final tax.
(E)
Individuals receiving purely compensation income from a single

employer, although the income tax of which has been correctly
withheld, but whose spouse falls under Section 2.83A(A), (B),
(C) and (D) of these Regulations.
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(F)
Non-resident aliens engaged in trade or business in the

Philippines deriving purely compensation income, or
compensation
income
and
other
non-business,
non-profession-related income.
In case of married individuals who are still required to file returns under
existing provisions of the law, i.e., in those instances not covered by the
substituted filing of returns, only one return for the taxable year shall be filed by
either spouse to cover the income of the spouses, which return shall be signed by
the husband and wife unless it is physically impossible to do so, in which case
signature of one of the spouses would suffice.
Employees not qualified for substituted filing but are required to file the
Income Tax Return shall file the same not later than April 15 of the year
immediately following the taxable year. Provided, that employees with
previous/successive employer/s within the taxable year shall furnish their new
employer with BIR Form No. 2316 issued by the previous employer/s.
SECTION 2.83.5. Registration as Withholding Agent.
Any person
who makes payment or expects to make payment of compensation in the amount
exceeding the statutory minimum wage, to any single employee shall register by
filing in duplicate, with the Revenue District Office (RDO) of the city or
municipality where his legal residence or place of business is located, an
Application for Registration as a withholding agent using the form prescribed by
the Bureau not later than ten (10) days after becoming an employer.
SECTION 2.83.6. Applicability of Constructive Receipt of Compensation.
The withholding tax on compensation shall apply to compensation
actually or constructively paid. Compensation is constructively paid within the
meaning of these Regulations when it is credited to the account of or set apart for
an employee so that it may be drawn upon by him at any time although not then
actually reduced to possession. To constitute payment in such a case, the
compensation must be credited or set apart for the employee without any
substantial limitation or restriction as to time or manner of payment or condition
upon which payment is to be made, and must be made available to him so that it
may be drawn upon at any time, and its payment brought with his control and
disposition. A book entry, if made, should indicate an absolute transfer from one
account to another. If the income is not credited, but it is set apart, such income
must be unqualifiedly subject to the demand of the taxpayer. Where a corporation
contingently credits its employees with a bonus stock, which is not available to
such employees until some future date, the mere crediting on the books of the
corporation does not constitute payment.
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SECTION 2.83.7. Extension of Time for Furnishing Statements to

Employee.
An extension of time, not exceeding thirty (30) days, within
which to furnish the Certificate of Income Tax Withheld on Compensation (Form
No. 2316) required by Sec. 2.83 of these Regulations upon termination of
employment is hereby granted to any employer with respect to any employee
whose employment is terminated during the calendar year. In the case of
intermittent or interrupted employment where there is a reasonable expectation on
the part of both employer and employee or further employment, there is no
requirement that an employee's withholding statement be immediately furnished
the employee; but when such expectation cease to exist, the statement must be
furnished within thirty (30) days from the date of termination of employment. The
extension mentioned under this Section refers to extension of time for furnishing
the Certificate of Income Tax Withheld on Compensation (Form No. 2316) upon
termination of employment.
SECTION 4.114. Withholding of Value-Added Tax.
In general, value-added tax due on the sale of goods and services are not
subject to withholding since the tax is not determinable at the time of sale.
However, gross payments to non-residents by both government and private
entities for services rendered in the Philippines shall be subject to final
withholding tax at the rate of 10% to be filed and paid using BIR Form No.
1600 Monthly Remittance Return of Value-Added Tax and Other
Percentage Taxes Withheld.
Moreover, sale of goods and services subject to VAT to the government
shall be subject to withholding pursuant to Sec. 114(C) of the National Internal
Revenue Code of 1997.
(A) Rates and basis of value-added tax to be withheld. The gross
payments made by the government to sellers of goods and services shall be subject
to withholding tax at the rates herein prescribed:
(1)
In general, payments by the government or any of its political

subdivisions, instrumentalities or agencies including
government-owned or controlled corporations (GOCCs) on
account of its purchase of goods from sellers and services
rendered by contractors/service providers who are subject to
the value-added tax
On gross selling price for the purchase of goods (creditable)
3%
On gross payment for services rendered (creditable)
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6%
(2)
Payments made to government public works contractors

(creditable)
8.5%
(3)
Payments for services rendered in the Phils. by non-residents
For lease or use of property or property rights

owned by non-residents in the Phils. (final)
10%
Services rendered to local insurance companies,
with respect to reinsurance premiums payable
to non-resident insurance or reinsurance
companies (final)
10%
Other services rendered in the Phil.
by non-residents (final)
10%
(B) Persons required to deduct and withhold.

All local
government units, represented by the Provincial Treasurer in the provinces, the
City Treasurer in the cities, the Municipal Treasurer in the municipalities, and
Barangay Treasurer in the barangays, Treasurers of GOCCs and the Chief
Accountants or any person holding similar position and performing similar
function in government offices and GOCCs, as withholding agents, shall deduct
and withhold the value-added tax before making any payment to the seller of
goods and services.
Where the government as herein defined has regional offices, branches or
units, the withholding and remittance of the VAT withheld may be done on a
decentralized basis. As such the treasurer or the chief accountant or any person
holding similar function in said regional office, branch or unit shall deduct and
withhold the VAT before making any payment to the seller of goods and services.
Decentralized
remittance,
however,
is
not
applicable
if the
taxpayer-withholding agent is classified as large taxpayer by the
Commissioner of Internal Revenue.
Private entities are likewise considered as withholding agents on gross
payments made to non-residents, applying the final withholding tax rate of ten
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113
(10%) percent.
(C) Returns and payment of taxes withheld.
The withholding
agents shall accomplish the Monthly Remittance Return of Value Added tax and
Other Percentage Taxes Withheld (BIR Form No. 1600) in triplicate copies with
Monthly Alphalist of Payees (MAP), the tax base and the amount withheld paid
upon filing the return with the authorized agent banks under the jurisdiction of the
Revenue District Office (RDO)/Large Taxpayers District Office (LTDO) where
the withholding agent is required to register and file the return. In places where
there is no authorized agent bank, the return shall be filed directly with the
Revenue Collection Officer or the duly authorized Municipal/City treasurer of the
Revenue District Office where the withholding agent is required to register or file
the return, except in cases where the Commissioner otherwise permits.
(D) Certificate of Value-Added Tax Withheld At Source.
Every
government agent, whether a large or non-large taxpayer, shall furnish each seller
of goods and services from whom value-added taxes (VAT) have been deducted
and withheld, the Certificate of Creditable Tax Withheld at Source (BIR Form No.
2307) to be accomplished in quadruplicate, the first three copies of which shall be
given to the seller/payee not later than the 10th day of the following month. The
rule stated herein shall also apply to private payors/persons in control of the
payment, whether large or non large taxpayers, for: a) the lease or use of properties
or property rights owned by non-residents; b) services rendered to local insurance
companies, whether large or non-large taxpayers, with respect to reinsurance
premiums payable to non-resident insurance or reinsurance companies; and c)
services rendered in the Philippines by non-residents; but the certificate or
statement to be issued in this case is the Certificate of Final Tax Withheld at
Source (BIR Form No. 2306) which should be issued upon request of the payee.
Provided, however, that for income (interest/discount/trading gain) earned by
financial institutions (FI) on Treasury Bills/Bonds, the Bureau of Treasury
(BTR) may be allowed to issue one consolidated Certificate of Value-Added
Tax Withheld at Source (BIR Form No. 2307) covering the total income
payment and the corresponding value-added tax withheld during the month.
The Certificate of Value-Added Tax Withheld at Source (BIR Form No. 2307)
shall have as its attachment a summary list reflecting the following: (1) Name
of the financial institution; (2) TIN (Taxpayer Identification Number; (3)
Period covered; (4) Amount of Income (interest/discount/trading gain earned
on Treasury Bills/Bonds); and (5) VAT Remitted to the account of the Bureau
of Internal Revenue. Such Certificate of Creditable Tax Withheld at Source
(BIR Form No. 2307) and Attachment shall bear the signature of the
Treasurer of the Philippines or his duly authorized representative and shall be
submitted directly to the Bureau of Internal Revenue (BIR), Attention: ISOS
DC Head. Provided, further, that the Revenue District Officer having
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jurisdiction over the principal place of business of the Bureau of Treasury

shall be responsible for the issuance of individual certificates/certification to
the financial institutions reflecting exactly on a per FI/payee basis, the
information/data in the Certificate of Creditable Tax Withheld at Source (BIR
Form No. 2307) and the Attachment issued by the BTR. Said certification is
required to be attached to the VAT return in lieu of BIR Form No. 2307 as
proof of the creditable value-added tax withheld claimed as deduction thereof.
(E) Liability of designated officers.
(1) Additions to the tax. The designated Treasurers, Chief Accountants
and other persons holding similar positions, who have the duty to withhold and
remit the value added tax in their respective offices shall be personally liable for
the additions to the tax prescribed in Sec. 247
of the Code.
(2) Punishable acts or omissions.
Every officer or employee of
the government of the Republic to the Philippines or any of its agencies and
instrumentalities, its political subdivisions, as well as government owned or
controlled corporations charged with the duty to deduct and withhold any internal
revenue tax and to remit the same in accordance with these regulations shall, upon
conviction for each act or omission herein-below specified, be fined in a sum of
not less than five thousand pesos (P5,000.00) but not more than fifty thousand
pesos (P50,000.00) or imprisoned for a term of not less than six months and one
day but not more than two years, or both.
(a)
Fails or causes the failure to deduct and withhold any internal

revenue tax covered by these regulations;
(b)
Fails or causes the failure to remit the taxes deducted and

withheld within the time prescribed therein;
(c)
Fails or causes the failure to file the return or issue certificate

required.
SECTION 5.116. Withholding of Percentage Tax.
Bureaus, offices and instrumentalities of the government, including

government-owned or controlled corporations as well as their subsidiaries,
provinces, cities and municipalities making any money payment to private
individuals, corporations, partnerships and/or associations are required to deduct
and withhold the percentage taxes due from the payees on account of such money
payments.
(A) Internal revenue taxes required to be withheld. Percentage taxes on
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115
gross money payments, to the following shall be subjected to withholding at the

rates herein prescribed:
(1)
Persons exempt from value-added tax (VAT). On gross

payments to persons who are exempt under Sec. 109 (z)
of the Code from payment of value-added tax and who is not a
VAT registered person except payment to cooperatives
Three percent (3%)
Cdpr
(2)
Domestic carriers and keepers of garages. On gross

payments to operators of cars for rent or hire driven by the
lessee, transportation contractors, including those who
transports passengers for hire, and other domestic carriers by
land, air or water, for transport of passengers, except owner of
bancas and owners of animal-drawn two wheeled vehicle, and
keepers of garages Three percent (3%)
(3)
International carriers
(4)
(5)
(a)
On gross payments to international air carriers doing

business in the Philippines Three percent (3%)
(b)
On gross payments to international shipping carriers

doing business in the Philippines Three percent (3%)
Franchises
(a)
On gross payments to all franchises on radio and/or

television broadcasting companies whose annual gross
receipts of the preceding year does not exceed
P10,000.00 Three percent (3%)
(b)
On gross payments to franchises on electric, gas and

water utilities Two percent (2%)
Banks and non-bank financial intermediaries

(a)
On interest, commissions and discounts paid or given to

banks and non-bank financial intermediaries arising out
of lending activities as well as financial leasing, on the
basis of the remaining maturities of the instrument
Short-term maturity (not exceeding 2 years)
5%
Medium-term maturity (over 2 year but not exceeding 4
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116
years)
3%
Long-term maturity
(i)
1%
(ii)
0%
(6)
over 4 years but not exceeding 7 years

over 7 years
(b)
On dividends
0%
(c)
On royalties, rentals of property, real or personal, profits

from exchange and all other gross income Five
percent (5%)
Finance companies
(a)
On interest, discounts and other items of gross income

paid to finance companies and other financial
intermediaries not performing quasi-banking functions
Five percent (5%)
(b)
On interests, commissions and discounts paid from their

loan transactions from finance companies as well as
financial leasing based on the remaining maturities of the
instruments:
Short-term maturity (not exceeding 2 years)
5%
Medium-term maturity (over 2 years but not exceeding 4
years)
3%
Long-term maturity
(i) over 4 years but not exceeding 7 years
(ii) over 7 years
(7)
1%
0%
Life insurance premiums On the total premiums paid to

persons doing life insurance business of any sort in the
Philippines Five percent (5%)
However the following shall not be included in the taxable
receipts and consequently not subject to withholding tax:
(a)
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Premiums refunded within six (6) months after payment
117
on account of rejection of risk or returned for other

reasons to the insured;
(b)
reinsurance premiums where the tax has previously been

paid;
(c)
premiums collected or received by any branch of a

domestic corporation, firm or association doing business
outside the Philippines on account of any life insurance
of a non-resident insured, if any tax on such premium is
imposed by a foreign country where the branch is
established;
(d)
premiums collected or received on account of any

reinsurance, if the insured, in case of personal insurance
resides outside the Philippines, if any tax on such
premiums is imposed by a foreign country where the
original insurance has been issued or perfected;
LLphil
(e)
(8)
(9)
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portion of the premiums collected or received by the

insurance companies on variable contracts in excess of
the amounts necessary to insure the lives of the variable
contract workers.
Agents of foreign insurance companies

(a)
On premiums paid to every fire, marine, or

miscellaneous insurance agent legally authorized under
the Insurance Code to procure policies of insurance on
risk located in the Philippines for companies not
authorized to transact business in the Philippines except
on reinsurance premium Ten percent (10%)
(b)
On premium payments obtained directly with foreign

companies where the owner of the property does not
make use of the services of any agent, company or
corporation residing or doing business in the Philippines,
in which case, it shall be the duty of said owners to
report to the Insurance Commissioner and to the BIR
Commissioner each case where insurance has been so
effected Five percent (5%)
Amusements On gross payments to the proprietor, lessee, or

operator of cockpits, cabarets, night or day clubs, boxing
118
exhibitions, professional basketball games,

racetracks at the rates herein prescribed:
jai-alai
and
(a)
cockpits Eighteen percent (18%)
(b)
Cabarets, night and day clubs Eighteen percent (18%)
(c)
Boxing exhibitions except those wherein World or

Oriental Championship in any division is at stake and at
least one of the contenders is a citizen of the Philippines
and promoted by a citizen/s of the Philippines or by a
corporation or association at least 60% of the capital of
which is owned by such citizens Ten percent (10%)
(d)
Professional basketball games

Presidential Decree No. 871
(15%)
(e)
Jai-alai and racetracks irrespective of whether or not any

amount is charged for admission Thirty percent
(30%)
as envisioned in
Fifteen percent
(10)
Sale, barter or exchange of shares of stock listed and traded

through the local stock exchange.
On the gross
selling price or gross value in money derived on every sale,
barter or other disposition of shares of stock listed and traded
through the local stock exchange other than the sale by a dealer
in securities One-half of one percent (1/2 of 1%)
(11)
Shares of stock sold or exchanged through initial public

offering.
On the gross selling price or gross value in
money derived on every sale, barter, exchange or other
disposition through initial public offering of shares of stock in
closely held corporations in accordance with the proportion of
such shares to the total outstanding shares of stock after the
listing in the local stock exchange at the rates herein prescribed:
Not over 25%
Over 25% but not exceeding 33 1/3%
Over 33 1/3%
4%
2%
1%
(B) Returns and payments of taxes withheld.

No money
payments shall be made by any government office or agency unless the taxes due
thereon shall have been deducted and withheld.
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119
Taxes deducted and withheld shall be covered by the Monthly Remittance

Return of VAT and Other Percentage Taxes Withheld (BIR Form No. 1600) in
triplicate copies with Monthly Alphalist of Payees (MAP), that likewise
presents the tax base and tax withheld to be filed and the tax to be paid to the
authorized agent bank under the jurisdiction of the Large Taxpayer Service
including the Large Taxpayer's District Office, in case of large taxpayer, or the
Authorized Agent Bank under the jurisdiction of the Revenue District Office were
the withholding agent is located, for non-large taxpayer. In places where there are
no authorized agent bank, the return shall be filed directly with the Revenue
Collection Officer or the duly authorized Treasurer of the City or Municipality
where the withholding agent is required to register except in cases where the
Commissioner otherwise permits. The required return shall be filed and payments
made within ten (10) days following the end of the month the withholding was
made or the withholding tax has accrued.
(C) Certificate of percentage tax withheld at source.
Every
withholding agent shall furnish each proprietor, operator, common carrier,
franchise holder, bank and non-bank financial intermediaries, finance company,
insurance company or agent from whom taxes under these regulations had been
deducted and withheld the Certificate of Creditable Tax Withheld at Source (BIR
Form 2307) to be accomplished in triplicate, two copies to be given to the payee
simultaneously with the money payments not later than the fifth (5th) day of the
following month. The third copy of the certificate shall be the file copy of the
withholding agent.
(D) Liability of designated officers
(1) Additions to the tax
The designated Treasurers, Chief
Accountants and other persons holding similar positions, who have the duty to
withhold and remit the value added tax in their respective offices shall be
personally liable for the additions to the tax prescribed in Sec. 247 of the Code.
(2) Punishable acts or omissions
Every officer or employee of
the government of the Republic of the Philippines or any of its agencies and
instrumentalities, its political subdivisions, as well as government owned or
controlled corporations charged with the duty to deduct and withhold any internal
revenue tax and to remit the same in accordance with these regulations shall, upon
conviction for each act or omission herein-below specified, be fined in a sum of
not less than five thousand pesos (P5,000.00) but not more than fifty thousand
pesos (P50,000.00) or imprisoned for a term of not less than six months and one
day but not more than two years, or both.
(a)
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Fails or causes the failure to deduct and withhold any internal
120
revenue tax covered by these regulations;

(b)
Fails or causes the failure to remit the taxes deducted and

withheld within the time prescribed therein;
(c)
Fails or causes the failure to file the return or issue certificate

required.
SECTION 5.128. Withholding of Percentage Tax on Purchases of Goods

and/or Payments for Services Acquired in the Course of Trade or Business and
Rendered by Persons Subject to the 3% Percentage Tax Pursuant to Section 116
of the Code.
(A) Persons Required to Withhold the Percentage Tax. In general,

any person, natural or juridical, with respect to his/its purchase of goods or
payments for purchase of services not arising from or incident to an
employer-employee relationship but made in the course of trade or business
(including exercise of profession or calling), from Non-VAT registered persons
subject to the 3% percentage tax under Section 116 of the Code [i.e., those
whose gross annual sales, for sale of goods, or gross annual receipts, for sale of
services, do not exceed five hundred fifty thousand pesos (P550,000.00), and
who do not opt to be registered as VAT taxpayers and, therefore, chose to be
registered as non-VAT persons pursuant to Section 236(I) of the Code], shall
be subject to a percentage tax withholding at source at the rate of three
percent (3%), based on the payee's gross sales/receipts, pursuant to Section
116, in relation to Sections 128 and 245(g), (i) and (j) of the Code if the
taxpayer-payee opts to remit his percentage tax through the withholding and
remittance of the same by the withholding agent-payor which option is
manifested by filing the "Notice of Availment of the Option to Pay the Tax
through the Withholding Process" (Annex E), copy-furnished the withholding
agent-payor and the Revenue District Offices of both the payor and payee.
The percentage tax withheld shall be remitted by the withholding agent
using BIR Form No. 1600 (Monthly Remittance Return of Value-added Tax
and Other Percentage Taxes Withheld) to the appropriate collection agents
[Accredited Agent Bank (AAB) or Revenue Collection Officer (RCO),
whichever is applicable] of the Bureau of Internal Revenue (BIR). Such return
serves as the withholding tax return of the payor-withholding agent and,
likewise, serves as the substituted percentage tax return of the payee if the said
income recipient-payee has only one payor from whom he generates his income
and provided, further, that a "Notice of Availment of the Substituted Filing of
Percentage Tax Return" (Annex "A") is filed with the Revenue District Office
(RDO) where the income-recipient is registered or required to register (Home
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121
RDO). Such Notice of Availment shall state that the income recipient is a
non-VAT taxpayer, having not opted to be covered by the VAT system, with
actual annual gross sales (for sale of goods) or gross receipts (for sale of
service), or expected annual gross sales/receipts (for new taxpayer) of not more
than P550,000 from just one payor and that he is opting to file under the
substituted filing of percentage tax return. A copy of the said Notice shall be
furnished the lone payor of the income. Moreover, BIR Form No. 2306
(Certificate of Final Tax Withheld at Source-March 2003 version), duly signed
by both the payor and the payee, shall be attached to the duly filed BIR Form
No. 1600 and shall constitute as the authority given by the payee to the payor
to file and consider the payor's duly filed BIR Form 1600 as the substituted
percentage tax return of the payee. The duly filed or stamped "Received" BIR
Form 2306 shall serve the same purpose as the percentage tax return (BIR
Form 2551M) of the payee. Accordingly, a taxpayer availing of the Substituted
Filing of Percentage Tax Return shall update his registration data with his
Home RDO.
On the other hand, if the payee has more than one payor, the percentage
tax withheld and remitted by the payor under BIR Form No. 1600 shall be
treated as creditable tax by the payee when he files the monthly percentage tax
return under BIR Form No. 2551M. The claimed tax credit shall be evidenced
by BIR Form No. 2307 (Certificate of Creditable Tax Withheld at
Source-March 2003 version) duly executed and signed by both the payor and
the payee attesting to the correctness of the figures reflected therein. Since the
percentage tax has already been withheld at source based on gross amount and
remitted by the payors under BIR Form No. 1600, the Percentage Tax Return
(BIR Form No. 2551M) to be filed by the payee which will not be reflecting
any amount payable, shall just serve as a return consolidating all the
transactions with all the payors which have already been subjected to
withholding tax and which return (BIR Form No. 2551M) shall be filed
directly with the appropriate BIR office without the need of passing through
an Accredited Agent Bank (AAB) or Revenue Collection Officer (RCO).
Nonetheless, in case the total amount of tax withheld by the payors who are
engaged in business is incorrect or the payee has transactions with payors who
are not engaged in business and therefore not obliged to withhold, the
percentage tax return (BIR Form No. 2551M) of the payee which will be
reflecting an amount payable shall be filed with the AAB or the RCO, in the
absence of an AAB, of the Revenue District Office that has jurisdiction over
the taxpayer-payee.
Provided, further that, if at any time of the year, the accumulated gross
sales or gross receipts exceed P550,000, the income recipient-payee shall
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122
change its/his registration with the BIR from Non-VAT to VAT within one
month from the close of the month when the threshold amount was reached.
Such payee shall become VAT-registered taxpayer starting the first day of the
month following the month of his VAT registration. Accordingly, notification
to the payors of income shall be made with respect to such change in "taxpayer
classification" of the payee. Change in the tax type and rate of withholding
shall correspondingly be made by the income payor.
(B) Returns and Payments of Taxes Withheld. Except in cases where
the Commissioner otherwise permits, taxes deducted and withheld pursuant to
this Section shall be remitted using the Monthly Remittance Return of VAT
and Other Percentage Taxes Withheld (BIR Form 1600) in triplicate which
return to be filed and the tax to be paid to the Authorized Agent Banks (AABs)
under the jurisdiction of the Large Taxpayer's Service including Large
Taxpayer's District Offices, in case of large taxpayer, or the AAB under the
jurisdiction of the Revenue District Office (RDO) where the withholding agent
is located, in case of non-large taxpayer. In places where there is no AAB, the
return shall be filed with and the tax paid directly to the Revenue Collection
Officer (RCO) or the duly authorized Treasurer of the City or Municipality
where the withholding agent is required to register. The required return shall
be filed and payments made within ten (10) days following the end of the
month the withholding was made or the withholding has accrued. If the
withholding agent is enrolled in Electronic Filing and Payment System (EFPS),
the filing of returns and payment of withholding taxes shall be in accordance
with the rules and regulations governing EFPS.
(C) Certificate of Percentage Taxes Withheld. The payor-withholding
tax agent shall issue to the payee a "Certificate of Final Tax Withheld at
Source" (BIR Form No. 2306) for the 3% final percentage tax withheld, to be
accomplished in quadruplicate, two copies of which shall be given to the Payee
within ten (10) days following the end of the month the withholding was made,
one copy of the Certificate shall be the file copy of the withholding agent and
the last copy shall be attached to the filed BIR Form No. 1600. The Certificate
(BIR Form No. 2306) to be issued by the withholding agent shall be signed by
both the withholding agent and the payee attesting to the correctness and
accuracy of the information contained therein and likewise stating that it
serves as the authority given by the payee to the payor to file and consider the
payor's duly filed BIR Form 1600 as the substituted percentage tax return of
the payee for a payee with only one payor. BIR Form No. 2307 (Certificate of
Creditable Tax Withheld at Source) is the certificate that should be issued to
the payee by the payor if the payee has several other payors as signified by
such payee. Such Certificate shall be issued in quadruplicate, two copies to be
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123
issued to the payee for attachment to the Percentage Tax Return (BIR Form
No. 2551M) to be filed by the payee consolidating all its/his taxable
transactions for the month, one copy to be attached by the payor to the filed
BIR Form No. 1600 and one copy serves as the file copy of the payor.
(D) Substituted Percentage Tax Return. In the case of sale of goods
or services by persons subject to 3% percentage tax under Section 116 of the
Code, whose gross sales or receipts have already been subjected to the
withholding of the 3% percentage tax by the lone payor, the payee shall no
longer be required to file the monthly percentage tax return (BIR Form No.
2551M) with respect to such receipts. The BIR Form No. 1600 duly filed by the
payor serves as the substituted return of the payee with lone payor provided
that the BIR Form No. 2306 duly executed and signed by both the payor and
the payee is attached to the filed BIR Form No. 1600.
(E) Regular Percentage Tax Return. Payees with several payors are
still required to file the regular percentage tax return reflecting therein the
consolidated total of all the taxable transactions for the taxable period and
applying as tax credit the taxes withheld by several payors evidenced by the
duly issued BIR Form No. 2307 which must be attached to the Percentage Tax
Return (BIR Form No. 2551M). If all the transactions reflected/consolidated in
the Percentage Tax Return (BIR Form No. 2551M) are with several payors
who are engaged in business and therefore have been subjected to the 3%
withholding tax, the Percentage Tax Return will no longer reflect any tax
payable but will just be a simple consolidation of all the taxable transactions
for a given taxable period which may be filed directly with the appropriate
BIR office and thus need not pass through any AAB or collecting RCO.
Nonetheless, in case the total amount of tax withheld by the payors who are
engaged in business is incorrect or the payee has transactions with payors who
are not engaged in business and therefore not obliged to withhold the tax, the
percentage tax return (BIR Form No. 2551M) of the payee which will be
reflecting an amount payable shall be filed with the AAB or the RCO, in the
absence of an AAB, of the Revenue District Office that has jurisdiction over
the taxpayer-payee.
(F) Substituted Official Receipt. For sellers of services whose gross
receipts have been subjected to the withholding of the 3% percentage tax, they
shall be exempted from the obligation of issuing duly registered non-VAT
receipts covering their receipt of payments for services sold. In lieu thereof,
the issued "Certificate of Final Tax Withheld at Source" (BIR Form No.
2306), for payee with just one payor, or "Certificate of Creditable Tax
Withheld at Source" (BIR Form No. 2307), for payee with several payors,
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124
shall be constituted and treated as the substituted official receipt, pursuant to

the provisions of Section 237 of the Code, the pertinent portion of which
provides:
"SEC. 237. Issuance of Receipts or Sales or Commercial Invoices. . . .
.
"The Commissioner may, in meritorious cases, exempt any person
subject to an internal revenue tax from compliance with the provisions
of this Section."
(G) The Option to Remit the Tax under the Withholding Tax System and
the Option to Avail of the Substituted Filing of the Percentage Tax Return.
The option to remit the Percentage Tax under the withholding system once
chosen remains as the manner of remitting the tax unless said option is
cancelled by the payee (Annex F). Meanwhile, the option to file under the
Substituted Filing of the Percentage Tax Return allowed to a payee with just
one payor in a given taxable year shall continue to apply to subsequent taxable
years until such time that the taxpayer-payee files the "Notice of Cancellation
of Availment of the Substituted Filing of Return" (Annex D) not later than the
10th day of the month following the close of taxpayer's taxable year which
shall automatically revert said taxpayer to the status of taxpayers filing the
returns under the regular filing procedures. If within the taxable year, an
additional client or customer comes in, the taxpayer-payee shall immediately
file the 'Notice of Cancellation of Availment of the Substituted Filing of
Returns'.
SECTION 9.245. Withholding of VAT on Purchase of Goods and/or on
Payments for Services Acquired in the Course of Trade or Business and
Rendered by Persons Subject to VAT Pursuant to Sections 106 and 108 of the
Code.
(A) Persons Required to Withhold the Value-Added Tax. In general,

any person, natural or juridical, with respect to his/its purchase of goods or
payments for purchase of services not arising from or incident to an
employer-employee relationship but made in the course of trade or business
(including exercise of profession or calling), from VAT registered persons
subject to value-added tax under Sections 106 and 108 of the Code, shall be
subject to VAT withholding at source at the rate of ten percent (10%), based
on the payee's gross sales/receipts, pursuant to Sections 106 and 108 in relation
to Section 245(g), (i) and (j) of the Code, provided that the payee has executed
the "Waiver of the Privilege to Claim Input Tax Credits" (Annex C) and opted
to remit the VAT through the withholding and remittance of the same by the
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125
withholding agent-payor by likewise executing the "Notice of Availment of the

Option to Pay the Tax through the Withholding Process" (Annex E), which
waiver and notice are copy-furnished the payor-withholding agent and the
RDOs of both the payors and the payee.
The VAT withheld shall be remitted by the withholding agent using BIR
Form 1600 (Monthly Remittance Return of Value-added Tax and Other
Percentage Taxes Withheld) to the appropriate collection agents [Accredited
Agent Bank (AAB) or Revenue Collection Officer (RCO), whichever is
applicable] of the Bureau of Internal Revenue (BIR). Such return serves as the
withholding tax return of the payor-withholding agent and at the same time,
likewise, serves as the substituted VAT return of the payee if the said income
recipient-payee has only one payor from whom he generates his income and
provided, further, that a "Notice of Availment of the Substituted Filing of
VAT Return" (Annex "B") is filed with the RDO where the income-recipient
is registered or required to register (Home RDO). Such Notice of Availment
shall state that the income recipient is a VAT-registered taxpayer with gross
sales (for sale of goods) or gross receipts (for sale of service) for the whole year
coming from just one payor and that he is opting to file under the substituted
filing of VAT return having waived the privilege to claim VAT input credits.
Copy of the said Notice must be furnished the lone payor of the income and the
RDOs of both the payors and the payee. Upon receipt of the said Notice, the
payor is mandatorily required to withhold the 10% VAT on the income
payment to the payee and shall remit the same to the appropriate collection
agents (AAB or RCO, whichever is applicable) of the BIR. Moreover, BIR
Form No. 2306 (Certificate of Final Tax Withheld at Source-March 2003
version) duly signed by both the payor and the payee attesting to the accuracy
of the figures stated therein shall be attached to BIR Form No. 1600 filed with
the BIR and shall constitute as the authority given by the payee to the payor to
file and consider the payor's duly filed BIR Form 1600 as the substituted VAT
return of the payee. The duly filed and stamped "Received" BIR Form 2306
shall serve the same purpose as the VAT return (BIR Form 2550Q) of the
payee. Moreover, taxpayer availing of the Substituted Filing of VAT Return
shall update his registration data with his Home RDO.
On the other hand, even if the payee has more than one payor but has
executed the "Waiver of the Privilege to Claim VAT Input Tax Credits"
(Annex C), and the "Notice of Availment of the Option to Pay the Tax through
the Withholding Process" (Annex E), copy-furnished the payors, the RDOs of
both the payors and the payee, said payors are mandatorily required to
withhold the 10% VAT which value-added tax shall be withheld and remitted
by the payor using BIR Form No. 1600. Under this instance, the VAT withheld
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126
shall be treated as creditable tax by the payee when he files the quarterly
value-added tax return under BIR Form No. 2550Q. The claimed tax credit
shall be evidenced by BIR Form No. 2307 (Certificate of Creditable Tax
Withheld at Source-March 2003 version) duly executed and signed by both the
payor and the payee attesting to the correctness of the figures reflected
therein. Since the value-added tax has already been withheld at source based
on gross amount in pursuance of the waiver of the right to claim input VAT
(Annex C) executed by the payee and remitted by the payors under BIR Form
No. 1600, the Value-added Tax Return (BIR Form No. 2550Q) to be filed by
the payee which will not be reflecting any amount payable shall just serve as a
return consolidating all the transactions with all the payors which have
already been subjected to withholding tax and which return shall be filed
directly with the appropriate BIR office without the need of passing through
an Accredited Agent Bank (AAB) or Revenue Collection Officer (RCO).
Considering that under an instance where all the payors who are engaged in
business have already withheld and remitted the 10% VAT as withholding
agents of the payee the latter will no longer be remitting any single amount of
tax, the requirement of filing the monthly VAT Declaration (BIR Form No.
2550M) by the payee shall be dispensed with. Nonetheless, in case the total
amount of tax withheld by the payors who are engaged in business is incorrect
or the payee has transactions with payors who are not engaged in business and
therefore not obliged to withhold the tax, the monthly VAT Declaration (BIR
Form No. 2550M) and the quarterly VAT Return (BIR Form No. 2550Q) of
the payee which will be reflecting an amount payable shall still be filed with
the AAB or the RCO, in the absence of an AAB, of the Revenue District Office
that has jurisdiction over the taxpayer-payee.
(B) Returns and Payments of Taxes Withheld. Except in cases where
the Commissioner otherwise permits, taxes deducted and withheld pursuant to
this Section shall be remitted using the Monthly Remittance Return of VAT
and Other Percentage Taxes Withheld (BIR Form 1600) in triplicate which
return to be filed and the tax to be paid to Authorized Agent Banks (AABs)
under the jurisdiction of the Large Taxpayer's Service including Large
Taxpayer's District Office, in case of large taxpayer, or the AAB under the
jurisdiction of the Revenue District Office (RDO) where the withholding agent
is located, in case of non-large taxpayer. In places where there is no AAB, the
return shall be filed with and the tax paid directly to the Revenue Collection
Officer (RCO) or the duly authorized Treasurer of the City or Municipality
where the withholding agent is required to register. The required return shall
be filed and payments made within ten (10) days following the end of the
month the withholding was made or the withholding has accrued. If the
withholding agent is enrolled in Electronic Filing and Payment System (EFPS),
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127
the filing of returns and payment of withholding taxes shall be in accordance

with the rules and regulations governing EFPS.
(C) Certificate of VAT Withheld. The payor-withholding agent shall
issue to the payee a "Certificate of Final Tax Withheld at Source" (BIR Form
No. 2306) for the 10% final VAT withheld, for payee with just one payor, or
the "Certificate of Creditable Tax Withheld at Source" (BIR Form No. 2307),
for payee with several payors, to be accomplished in quadruplicate, two copies
of which shall be given to the Payee within ten (10) days following the end of
the month the withholding was made, one copy shall be attached to BIR Form
No. 1600 duly filed by the payor and the fourth copy of the Certificate shall be
the file copy of the withholding agent. The Certificate (BIR Form No. 2306) to
be issued by the withholding agent shall be signed by both the withholding
agent and the payee attesting to the correctness and accuracy of the
information contained therein and likewise stating that it serves as the
authority given by the payee to the payor to file and consider the payor's duly
filed BIR Form 1600 as the substituted VAT return of the payee for payee with
only one payor. BIR Form No. 2307 (Certificate of Creditable Tax Withheld at
Source) is the certificate that should be issued to the payee by the payor if
payee has several other payors as signified by such payee. Such Certificate
shall be signed by both the withholding agent and the payee attesting to the
correctness and accuracy of the information contained therein and shall be
issued in quadruplicate, two copies to be given to the payee for attachment to
the Value-added Tax Return (BIR Form No. 2550Q) to be filed by the payee
consolidating all its/his taxable transactions for the quarter, one copy to be
attached to the filed BIR Form No. 1600 of the payor and one copy serves as
the payor's file copy.
(D) Substituted VAT Return. In the case of sale of goods or services
by persons subject to 10% VAT under Sections 106 and 108 of the Code,
whose gross sales or receipts have already been subjected to the 10% final
VAT by the lone payor, the payee shall no longer be required to file the
monthly VAT declarations (BIR Form No. 2550 M) and quarterly VAT
returns (BIR Form No. 2550 Q) with respect to such receipts. The BIR Form
No. 1600 duly filed by the payor serves as the substituted return of the payee
with lone payor provided that the BIR Form No. 2306 duly executed and
signed by both the payor and the payee is attached to the filed BIR Form No.
1600.
(E) Regular Value-added Tax Return. Payees with several payors
are still required to file the regular value-added tax return reflecting therein
the consolidated total of all the taxable transactions for the taxable period and
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128
applying as tax credit the taxes withheld by several payors evidenced by the
duly issued BIR Form No. 2307 which must be attached to the Value-added
Tax Return (BIR Form No. 2550Q). If all the transactions are with several
payors who are engaged in business and therefore have been subjected to the
10% withholding tax, the Value-added Tax Return will no longer reflect any
tax payable but will just be a simple consolidation of all the taxable
transactions for a given taxable period which may be filed directly with the
appropriate BIR office and thus need not pass through any AAB or collecting
RCO.
In case of a payee whose all transactions are with payors who are
engaged in business and who have subjected the transactions to the
withholding of the 10% VAT, the payee is no longer required to file the
monthly VAT Declaration (BIR Form No. 2550M).
Nonetheless, in case the total amount of tax withheld by the payors who
are engaged in business is incorrect or the payee has transactions with payors
who are not engaged in business and therefore not obliged to withhold the tax,
the Monthly Value-added Tax Declaration (BIR Form No. 2550M) and the
Quarterly Value-added Tax Return (BIR Form No. 2550Q) of the payee which
will be reflecting an amount payable shall be filed with the AAB or the RCO,
in the absence of an AAB, of the Revenue District Office that has jurisdiction
over the taxpayer-payee.
(F) Substituted Official Receipt. For sellers of services whose gross
receipts have been subjected to 10% final VAT, they shall be exempted from
the obligation of issuing duly registered VAT official receipts covering their
receipt of payments for services sold. In lieu thereof, the issued "Certificate of
Final Tax Withheld at Source" (BIR Form No. 2306), for payee with one
payor, or the "Certificate of Creditable Tax Withheld at Source" (BIR Form
No. 2307), for payee with several payors, shall be constituted and treated as
the substituted official receipt, pursuant to the provisions of Section 237 of the
Code, the pertinent portion of which provides:
"SEC. 237. Issuance of Receipts or Sales or Commercial
Invoices. . . . .
"The Commissioner may, in meritorious cases, exempt any
person subject to an internal revenue tax from compliance with the
provisions of this Section."
(G) The Option to Remit the Tax under the Withholding Tax System and
the Option to Avail of the Substituted Filing of the VAT Return. The option
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129
to remit the VAT under the withholding system once chosen remains as the
manner of remitting the tax unless said option is cancelled by the payee (Annex
F). Meanwhile, the option to file under the Substituted Filing of the VAT
Return allowed to payee with just one payor in a given taxable year shall
continue to apply to subsequent taxable years until such time that the
taxpayer-payee files the "Notice of Cancellation of Availment of the
Substituted Filing of Return" (Annex D) not later than the 10th day of the
month following the close of taxpayer's taxable year which shall automatically
revert said taxpayer to the status of taxpayers filing the returns under the
regular filing procedures. If within the taxable year, an additional client or
customer comes in, the taxpayer-payee shall immediately file the 'Notice of
Cancellation of Availment of the Substituted filing of Returns'.
REPEALING CLAUSE. All existing rules and regulations or parts
thereof which are inconsistent with the provisions of these regulations are hereby
revoked.
EFFECTIVITY. These regulations shall take effect on compensation
income paid beginning January 1, 1998. No penalties shall apply until May 15,
1998 for non-compliance with the new features of the Code as implemented in
these regulations.
cdasia
(SGD.) MILWIDA M. GUEVARA

Acting Secretary of Finance
Recommending Approval:
(SGD.) LIWAYWAY
VINZONS-CHATO
Commissioner of Internal Revenue
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April 17, 1998

REVENUE REGULATIONS NO. 02-98

Implementing Republic Act No. 8424,

All Internal Revenue Officers and Others Concerned

Pursuant to Sec. 244

Withholding of Tax at Source.

(B) Creditable Withholding Tax. Under the creditable withholding tax

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia 2015

system, taxes withheld on certain income payments are intended to equal or at

Royalties on books, as well as other literary works and musical

Interest income received by a resident individual taxpayer from

Interest income from long-term deposit or investment in the

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia 2015

Four (4) years to less than five (5) years

Cash and/or property dividends actually or constructively

The tax on cash and property dividends shall only be

On capital gains presumed to have been realized from

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia 2015

or under Section 24(D)(1)

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia 2015

paragraph shall be considered sufficient. The tax return so

Gross income derived from contracts by subcontractors from

(B) Income Payment to Non-resident Aliens Engaged in Trade or Business

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia 2015

non-resident alien individual engaged in trade or business within the Philippines,

On Certain Passive Income A tax of twenty (20%) percent is

Cash and/or property dividend from a domestic

Share in the distributable net income after tax of a

Interests from any currency bank deposit and yield or

Royalties (except royalties on books, as well as other

Prizes (except prizes amounting to ten thousand pesos

Interest income derived from long-term deposit or investment in

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia 2015

Four (4) years to less than five (5) years

On capital gains presumed to have been realized from the

Gross income from all sources within the Philippines derived

Gross income derived from contracts by subcontractors from

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia 2015

of any and all taxes, national and local, as imposed under

On the gross amount of income derived from all sources within

On capital gains presumed to have been realized from the sale,

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia 2015

(D) Income Derived by Alien Individuals Employed by Regional or Area

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia 2015

Philippines by a foreign service contractor or by a foreign service subcontractor

Royalties derived from sources within the Philippines

Interest income derived from a depository bank under the

Income derived by a depository bank under the Expanded

On capital gains presumed to have been realized from the