QuestionsQuestions (BIR REVENUE REGULATIONS NO. 9-2000)
The DST is imposed on the person making, signing, issuing, accepting, or transferring the document or facility evidencing the taxable transaction. Any party thereto may be liable for the full amount, subject to their right to agree among themselves who will bear the cost.
If one party is exempt under Title VII, the other party that is not exempt becomes directly liable for the full DST due.
Unless otherwise provided, any liable party shall pay and remit the full amount of DST in accordance with Section 200 of the NIRC of 1997.
The tax-exempt person is constituted as agent of the Commissioner for the collection of DST; the agent must remit the tax collected in the same manner as provided under Section 200 of the NIRC.
If the exempt agent fails to collect/remit as required, he shall be treated personally liable for the DST, in addition to penalties prescribed under Title X of the NIRC for failure to pay the tax on time.
In general, the full DST may be remitted by any of the party or parties to the taxable transaction. However, specific exceptions exist under RR No. 9-2000 (e.g., bonds and similar instruments, original issue of shares, and certain authorized number games).
The person who issued the instruments remits the DST (e.g., the corporation that borrowed funds via issuance/sale of interest-bearing bonds).
The proprietor or operator remits the DST. If the proprietor/operator is exempt, he must collect the DST from the other non-exempt party and remit it.
Since PCSO is exempt, the non-exempt buyers are not the exempt party; instead, PCSO must collect the DST from the buyers who are not exempt and then remit the tax collected to the BIR.
PAGCOR or its licensees/grantees remit DST on their respective sale of betting cards to the betting public.
Examples include: (1) banks/quasi-banks/non-bank financial intermediaries/finance companies/insurance/surety/fidelity/annuity companies; (2) the Philippine Stock Exchange (PSE) for shares/securities traded locally; (3) pre-need companies for sale of pre-need plans. If such entity is exempt, it remits DST as a collecting agent under RR No. 9-2000 Section 3(b)(2).
For shares of stock and other securities traded in the local stock exchange.
Includes: (1) banks/quasi-banks/non-bank financial intermediaries/finance companies/insurance/surety/fidelity/annuity companies; (2) the Philippine Stock Exchange for local traded shares/securities; (3) shipping and airline companies; (4) pre-need companies on sale of pre-need plans; and (5) other industries required by the Commissioner.
A device capable of imprinting the stamp tax value and other data on the taxable document, with remote loading/resetting and/or built-in modem for online loading/purchasing of stamp values with BIR, enabling BIR to monitor actual usage/stamp consumption.
It takes effect fifteen (15) days after publication in a newspaper of general circulation.