TRAIN Law PDF
TRAIN Law PDF
TRAIN Law PDF
and Inclusion
On 19 December 2017, the President signed into law package 1 of
the Tax Reform for Acceleration and Inclusion (“TRAIN”) bill or
Republic Act (“R.A.”) No. 10963. The law contains amendments to
several provisions of the National Internal Revenue Code of 1997
(“Tax Code”) on individual income taxation, passive income for both
individuals and corporations, estate tax, donor’s tax, value-added
tax (“VAT”), excise tax, and documentary stamp tax (“DST”), among
others.
R.A. No. 10963 shall take effect on 1 January 2018, following its
complete publication in the official gazette or in at least one
newspaper of general circulation. The law was published in the
official gazette on 27 December 2017
Among the provisions of the TRAIN, the President has vetoed certain items
• Adjustments in Documentary
Stamp Tax (DST)
• On compliance requirements
Sec. 6 (A) The Commissioner or his The Commissioner or his duly authorized
duly authorized representative may representative shall have the said
authorize the examination of any authority notwithstanding any law
taxpayer and the assessment of the requiring the prior authorization of any
correct amount of tax after a return government agency or instrumentality
has been filed.
Adjustments in Personal Income Taxation
• Individual
• Corporate
TRAIN Law
Additional Provisions:
The ITR shall consist of a maximum of four pages in Sec. 51-A An individual receiving
paper or electronic form containing only the purely compensation income from
following information:
one employer wherein the tax of
• Personal profile and information; which has been correctly withheld
shall not be required to file an
• Total gross sales, receipts or income from annual ITR.
compensation of services rendered, conduct of trade
or business or the exercise of a profession, except The certificate of withholding, filed
income subject to final tax as provided under the Tax by the employer and stamped
Code; “received” by the BIR, shall be
tantamount to the substituted filing
• Allowable deductions under the Tax Code;
of income tax return of the
• Taxable income as defined in the Tax Code; and employees
• Allowed deductions
NIRC
Sec. 90 (A) (1) All transfers subject to All transfers subject to estate tax, or
estate tax or those, though exempt regardless of the gross value of the
from tax, have gross values estate where the said estate consists of
exceeding PHP200,000, or regardless registered or registrable property shall
of the gross value of the estate file an estate tax return.
where the said estate consists of
registered or registrable property Estate tax returns showing a gross value
shall file an estate tax return. exceeding PHP5M must be certified by a
CPA.
(A) (3) Estate tax returns showing a
gross value exceeding PHP2,000,000 The estate tax return must be filed
must be certified by a Certified within one year from the decedent’s
Public Accountant (“CPA”). death
Sec. 97 A bank shall not allow Banks, which has knowledge of the
withdrawal from a decedent’s bank death of the person, shall allow
account without the Commissioner withdrawals from a decedent’s deposit
certifying that taxes imposed account subject to a 6% final
thereon have already been paid. withholding tax.
NIRC
• VAT Exemptions
Expansion of VAT Base
• Withholding of VAT
Expansion of the VAT Base
• On Zero-rated sale of goods
NIRC
• Item 6 will qualify as export sales provided that the goods, supplies, equipment and
fuel shall be used for international shipping and air transport operations.
• Items 2, 3, and 5 shall be subject to 12% VAT upon the successful establishment and
implementation of an enhanced VAT refund system that grants refunds of creditable
input tax within 90 days from filing of the VAT refund application with the BIR and all
pending VAT refund claims as of 31 December 2017 shall be fully paid in cash by 31
December 2019.
• Foreign currency denominated sales are removed from zero-rated sale of goods.
Expansion of VAT Base
• Scope of sale or exchange of services
NIRC
Sec. 108 (B) Zero-rated sales of services include:
TRAIN Law
• Item 1 will qualify as zero-rated sale of services if these services are
exclusively for international shipping and air transport operations.
2. Sale of real property utilized for low- cost housing, sale of residential lot valued
at PHP1.5m (as adjusted by Revenue Regulations (“RR”) No. 16-2011, PHP1,919,500) and
sale of house and lot and other residential dwellings valued at PHP2.5m (as adjusted by RR
No. 16-2011, PHP3,199,200);
TRAIN Law
• Beginning 1 January 2021, the VAT exemption shall only apply to sale of real
properties not primarily held for sale to customers or held for lease in the ordinary
course of trade or business, sale of real property utilized for socialized housing
and sale of house and lot and other residential dwellings with threshold reduced
to PHP2M.
• Exemption of the importation of fuel, goods and supplies shall only apply if such
are used for international shipping or air transport operations
Expansion of the VAT Base
• VAT Exemptions
TRAIN Law
• Added the exemption of sale or lease of goods and services to senior citizens
and persons with disabilities.
• Added the exemption for association dues, membership fees, and other
assessments and charges collected by homeowners associations and condominium
corporations.
• Beginning 1 January 2019, sale of drugs and medicines prescribed for diabetes,
high cholesterol and hypertension would be included as VAT exempt transactions.
Expansion of VAT Base
• Creditable Input Tax
Sec. 110 (A) (2)(b) The input tax on The amortization of the input VAT shall
goods purchased or imported for use only be allowed until 31 December 2021
in trade or business for which after which taxpayers with unutilized
deduction for depreciation is allowed input VAT on capital goods purchased or
shall be spread evenly over the imported shall be allowed to apply the
month of acquisition and the 59 same as scheduled until fully utilized
succeeding months if the aggregate
acquisition cost for such goods,
excluding the VAT component
thereof, exceeds PHP1m.
Expansion of VAT Base
• Period within which VAT refund of input taxes shall be made
TRAIN Law
NIRC
The Commissioner shall grant a refund for
Sec. 112 (C) The Commissioner shall creditable input taxes within 90 days from the
grant a refund or issue the tax credit date of submission of the official receipts or
invoices and other documents in support of
certificate for creditable input taxes
the application filed.
within 120 days from the date of
submission of complete documents.
Should the Commissioner find that the grant
of refund is not proper, the Commissioner
In case of full or partial denial of the must state in writing the legal and factual
claim for tax refund or tax credit, or the basis for the denial.
failure on the part of the Commissioner
to act on the application within the In case of full or partial denial of claim for tax
period prescribed above, the taxpayer refund, the taxpayer may within 30 days from
affected may, within 30 days from the receipt of the decision denying the claim
receipt of the decision denying claim or appeal the decision with the CTA.
after the expiration of the 120 day
period, appeal the decision or the Penalty for failure on the part of any official,
unacted claim with the Court of Tax agent, or employee of the BIR to act on the
Appeals (CTA). application within the 90-day period shall be
imposed.
Expansion of VAT Base
• VAT returns and payment
Sec. 114 (A) Every person liable to Effective 1 January 2023, the filing and
pay the VAT shall file a quarterly payment of VAT shall be done within 25
return of his gross amount of his days following the close of each taxable
gross sales/receipts within 25 days quarter.
following the close of each taxable
quarter.
Sec. 114 (C) The Government or any Effective 1 January 2021, the VAT
of its political subdivisions, withholding system shall shift from final
instrumentalities or agencies shall, to a creditable system.
before making payment of purchase
of goods and services, deduct and Payments for purchase of goods and
withhold a final VAT at the rate of services arising from Official
5% of the gross payment thereof. Development Assistance funded projects
shall not be subject to the final
Payment for lease or use of withholding VAT.
properties or property rights to
nonresident owners shall be subject
to 12% withholding tax at the time of
payment.
Tax on Persons Exempt from VAT
• Percentage tax
Sec. 116 Any person whose sales or [ITEM VETOED] Effective 1 January 2019,
receipts are exempt from VAT and self- employed and professionals with
who is not a VAT-registered person total annual gross sales and/or gross
shall pay a tax equivalent to 3% of his receipts not exceeding PHP500,000 shall
gross quarterly sales or receipt be exempt from 3% gross receipts tax.
Tax on Persons Exempt from VAT
• Disposition of Shares of Stock Listed and Traded through Local Stock Exchange or through
IPO
Sec. 127 (A) There shall be levied, The tax rate imposed is increased to
assessed, and collected on every 6/10 of 1%.
sale, barter, exchange or disposition
of shares of stock listed and traded
through local stock exchange other
than the sale by a dealer in
securities, a tax rate of ½ of 1% of
the gross selling price or gross value
in money of the shares of stock
Tax on Persons Exempt from VAT
• Returns and Payment of Percentage Taxes
• On non-essential services
• On sweetened beverages
• On mineral products
Excise Taxes
• Imposition of Excise Tax
Sec. 129 Excise taxes apply to goods Excise taxes also apply to services
manufactured or produced in the performed in the Philippines.
Philippines for domestic sales or
consumption or for any other
disposition and to things imported.
Excise Taxes
• On cigars and cigarettes
NIRC Sec. 145 (B) and (C) Excise tax on cigarettes packed
by hand shall be based on the following schedule:
Excise Taxes
• On cigars and cigarettes
TRAIN Law
Excise Taxes
• On manufactured oils and fuels
TRAIN Law
TRAIN Law
The following items are exempt from excise tax:
• Naphtha and pyrolysis gasoline used as raw material in the production of
petrochemical products or in the refining of petroleum products, or as
replacement fuel for natural-gas-fired-combined cycle power plant;
TRAIN Law
[ITEM VETOED] By-products including fuel oil, diesel fuel, kerosene, pyrolysis
gasoline, liquefied petroleum gases, and similar oils having more or less the same
generating power, which are produced in the processing of naphtha into
petrochemical products shall be subject to the applicable excise tax specified in the
Section, except when such by-products are transferred to any of the local oil
refineries through sale, barter, or exchange, for the purpose of further processing or
blending into finished products which are subject to excise taxes
Excise Taxes
• Mandatory fuel markings
Hybrid vehicles shall be subject to 50% of the applicable excise tax rates
on automobiles.
Purely electric vehicles and pick-ups shall be exempt from excise tax on
automobiles
Excise Taxes
• On non-essential services
TRAIN Law
Sec. 150-A Imposes a 5% tax on gross receipts, net of excise tax and VAT
derived from performance of invasive cosmetic surgeries, procedures, and
body enhancements for aesthetic purposes.
TRAIN Law Sec. 150-B Imposes a tax per liter of volume capacity on
sweetened beverages based on the following schedule:
The following products are not considered excisable products under this provision:
1. All milk products
2. 100% natural fruit juices
3. 100% natural vegetable juices
4. Meal replacement and medically indicated beverages
5. Ground coffee, instant soluble coffee, and pre- packaged powdered
coffee products
Excise Taxes
• On mineral products
NIRC
Sec. 151
• Excise tax of P10/metric ton on coal and coke
TRAIN Law
Additional Provisions:
• DOF shall maintain a registry of all petroleum manufacturers and/or
importers and the articles being manufactured and/or imported by
them.
• DOF shall mandate the creation of a real-time inventory if petroleum
articles being manufactured, imported or found in storage depots of
such petroleum manufacturers and/or importers
• Importers of finished petroleum products shall also provide themselves
with accredited metering devices.
Provisions related to petroleum and other excisable products
•Authority of Internal Revenue Officer in Searching and Testing Taxable Articles
NIRC Sec. 171 Authority of Internal Revenue Officer in Searching Taxable Articles
TRAIN Law Authority of Internal Revenue Officer in Searching and Testing Taxable Articles
Additional Provisions:
•The Commissioner or his authorized representatives may conduct periodic
random field tests and confirmatory tests on fuel required to be marked and
found in warehouses, storage tanks, gas stations and other retail outlets, and in
such other properties of persons engaged in the sale, delivery, trading,
transportation, distribution or importation of fuel intended for the domestic
market.
TRAIN Law
• Employee assigned or working at the place where the random field test is
conducted shall be deemed an authorized representative of the owner.
• Confirmatory fuel test certificates issued by fuel testing facilities shall be valid
for any legal purpose from the date of issue, and shall constitute admissible
and conclusive evidence before any court.
Provisions related to petroleum and other excisable products
•Mandatory earmarking of all petroleum products
• Stamp taxes
Adjustments in DST
Stamp taxes
NIRC
Adjustments in DST
Stamp taxes
TRAIN Law
Adjustments in DST
Stamp taxes
NIRC
Adjustments in DST
Stamp taxes
TRAIN Law
Adjustments in DST
Stamp taxes
NIRC
Adjustments in DST
Stamp taxes
TRAIN Law
Adjustments in DST
Stamp Taxes
NIRC
Adjustments in DST
Stamp Taxes
TRAIN Law
On Compliance Requirements
• Registration Requirements
Sec. 237 (A) All persons subject to an All persons subject to an internal
internal revenue tax shall for each revenue tax shall at the point of each
sale and transfer of merchandise or sale and transfer of merchandise or for
for services rendered valued at services rendered valued at PHP100 or
PHP25 or more, issue duly registered more, issue duly registered receipts or
receipts or sale or commercial sale or commercial invoices.
invoices prepared in duplicates
On Compliance Requirements
• Issuance of receipts or sales or commercial invoices
TRAIN Law
Additional provisions:
• Within five years from the effectivity of the Act and upon
establishment of a system capable of storing and processing the
required data, taxpayers engaged in the export of goods and
services, e-commerce, and under the jurisdiction of the Large
Taxpayers Service are required to issue electronic receipts or sales
or commercial invoices in lieu of manual receipts or sales or
commercial invoices.
TRAIN Law
Sec. 237-A. Within 5 years from the effectivity of the Act and upon establishment of
a system capable of storing and processing the required data, taxpayers engaged in
the export of goods and services, and under the jurisdiction of the large taxpayers
service are required to electronically report their sales data to the BIR through the
use of electronic point of sales systems. Machines, fiscal devices and fiscal memory
devices shall be at the expense of the taxpayer.
The data processing of sales and purchase data shall comply with the provisions of
R.A. No. 10173 or the Data Privacy Act, the unlawful divulgence of taxpayer
information under the Tax Code and other laws relating to the confidentiality of
information.
• Interest
• Penalty Provisions
Other Tax Provisions
• Interest
Sec. 254. Fine of not less than Increased the fine to not less than
PHP30,000 but not more than PHP500,000 but not more than PHP10M
PHP100,000 and imprisonment of and imprisonment of not less than six
not less than two years but not more years but not more than ten years.
than four years for attempt to evade
or defeat any tax.
Other Tax Provisions
• Penalty Provisions
Sec. 264 Fine of not less than Increased the fine to not less than
PHP1,000 but not more than PHP500,000 but not more than PHP10M
PHP50,000 and imprisonment of not and imprisonment of not less than six
less than two years but not more years but not more than ten years.
than four years for the following:
• Printing of receipts or sales or Includes printing of fraudulent receipts
commercial invoices without to the list of offenses.
authority from the BIR; or
• Printing of double or multiple
sets of invoices or receipts; or
• Printing of unnumbered
receipts or sales or commercial
invoices, not bearing the name,
business style, TIN, and business
address of the person or entity
Other Tax Provisions
• Penalty Provisions
TRAIN Law
Any person who commits any of the following acts shall, upon conviction, be
punished by a fine of not less than PHP1M but not more than PHP5M and
suffer imprisonment of not less than four years but not more than eight years:
TRAIN Law
Any person who willfully inserts, places, adds or attaches directly or indirectly, through
any overt or covert act, whatever quantity of any unmarked fuel, counterfeit additive or
chemical in the person, house, effects, inventory, or in the immediate vicinity of an
innocent individual for the purpose of implicating, incriminating or imputing the
commission of any violation of this Act shall, upon conviction, be punished by a fine of
not less than PHP5M but not more than PHP10M, and suffer imprisonment of not less
than four years but not more than eight years.
Any person who is authorized, licensed or accredited to conduct fuel tests, who issues
false or fraudulent fuel test results knowingly, willfully or through gross negligence, shall
suffer the additional penalty of imprisonment ranging from one year and one day to
two years and six months.
TRAIN Law
For the incremental revenues from the TRAIN, for 5 years from effectivity,
incremental revenues shall be appropriated as follows: