Title
Source: Supreme Court
Subsistence Livelihood Tax Exemption Rules
Law
Bir Memorandum Circular No. 4-98
Decision Date
Jan 21, 1998
BIR Memorandum Circular No. 4-98 exempts individual taxpayers engaged in subsistence livelihood activities, with gross sales not exceeding P 100,000 annually, from paying value-added tax, percentage tax, and registration fees to promote equitable relief and enhance economic activity.

Q&A (BIR MEMORANDUM CIRCULAR NO. 4-98)

The main policy is to provide equitable relief to a greater number of taxpayers to improve their disposable income and increase economic activity.

Any person who in the course of trade or business sells, barters, exchanges, leases goods or properties, renders services, or imports goods is subject to the payment of VAT.

It means the regular conduct or pursuit of a commercial or economic activity, including transactions incidental thereto, by any person regardless of whether the person is a non-stock, non-profit private organization.

It further qualifies that any business pursued by an individual where the aggregate gross sales or receipts do not exceed P100,000.00 during any 12-month period shall be considered principally for subsistence or livelihood and not in the course of business.

Aggregate gross sales or receipts not exceeding P100,000.00 during any 12-month period.

Yes, they are still required to register.

Yes, they are exempted from the payment of the registration fee prescribed under Sec. 236 (B) of the Tax Code.

They are exempt from payment of Value-Added Tax (VAT) under Title IV, Chapter I, NIRC of 1997 and Percentage Taxes under Title V, NIRC of 1997.

A 12-month period.


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