Title
Supreme Court
Amendment to NIRC Tax Exemptions and Rates
Law
Republic Act No. 2376
Decision Date
Jun 20, 1959
Republic Act No. 2376 amends the National Internal Revenue Code to provide tax exemptions and specify tax rates for various transactions and establishments in the Philippines.

Law Summary

Amendments to Section 188 - Excluded Transactions and Tax Exemptions

  • Exclusions in computing taxes under Sections 184, 185, and 186 include:
    • Articles subject to tax under Title IV of the Revenue Code.
    • Agricultural products and ordinary salt in their original or processed form sold/bartered/exchanged by the producer or landowner; fish and by-products sold/bartered/exchanged by fishermen or operators.
    • Minerals and mineral products sold/bartered/exchanged by lessees, concessionaires, or owners of mineral lands.
    • Articles subject to tax under Section 189.
    • Articles exported abroad by the manufacturer or producer regardless of shipping arrangements.
  • Exempt persons from the percentage taxes under Sections 184-186 include:
    • Persons with gross monthly sales or receipts not exceeding ₱200.
    • Filipino retail sellers in public market places selling all kinds of food products.
    • Peddlers and fixed-stand sellers with daily stock not exceeding ₱100, selling specified food products.
    • Producers working at home with daily output not exceeding ₱5 per capable worker.
    • Persons importing articles under contracts exclusively for use by the Armed Forces of the Philippines.

Amendments to Section 191 - Percentage Tax on Various Contractors and Businesses

  • Contractors and operators in construction, filling, demolition, salvage, arrastre, installation of utilities, and other specified services must pay 3% tax on gross receipts.
  • Businesses involved include:
    • Water, light, power sellers (except franchise taxpayers)
    • Dockyards, mine drilling, smelting, engraving, plating, plastic lamination, vulcanizing, vehicle greasing/washing
    • Sawmills under contract to cut others' logs
    • Drycleaning, dyeing, laundries, photographic studios
    • Telecom lines/exchanges, broadcasting/wireless stations
    • Funeral parlors, mechanical repair shops, shoe repairing, tailor shops
    • Beauty parlors, dressmakers, milliners, hatters
    • Hotels, lodging houses, stevedores, warehousemen
    • Plumbers, smiths, painters, lithographers, publishers (except recurring publication of newspapers, magazines)
    • Printers, bookbinders, business agents, independent contractors (except those related to export embroidery/apparel and their agents)
  • Keepers of restaurants and caterers pay a 3% tax on gross receipts.
  • Keepers of bars and cafes where wines or liquors are served pay a 7% tax; they must issue two sets of serially numbered sales invoices: one for food/refreshments and another for wines/liquors.
  • Establishments inside race tracks or jai-alai venues, or accessible to their patrons via connecting doors, pay a 20% tax on gross receipts.
  • Establishments inside cabarets or nightclubs, or accessible to patrons by connecting door/passage, pay a 10% tax on gross receipts.

Effectivity and Tax Condonation

  • The Act takes effect immediately upon approval.
  • All previously unpaid or uncollected taxes from persons selling food products in public markets who are exempt under this Act are condoned.

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