Title
Amendments to National Internal Revenue Code 1957
Law
Republic Act No. 2025
Decision Date
Jun 22, 1957
The Amendments to the National Internal Revenue Code in the Philippines introduce changes to the payment of fixed and percentage taxes, including deadlines for payment, calculation methods, and penalties for non-compliance.

Law Summary

Computation of Tax for Business Commencement or Abandonment Within a Year

  • Tax is calculated from the starting semester of the business.
  • Tax is not charged beyond the end of the semester when the business is abandoned.
  • No refund is allowed if the full yearly tax was paid despite abandonment.

Payment and Filing of Percentage Taxes

  • Businesses with percentage taxes must file monthly returns and pay taxes within 20 days after each month.
  • Retiring business operators must notify authorities, file returns, and settle taxes within 20 days after closure.
  • Late payment incurs a 25% penalty of the tax due.
  • Willful neglect or fraudulent returns attract a 50% surcharge on the tax or deficiency.

Percentage Tax on Sales of Non-Enumerated Articles

  • A one-time 7% tax is imposed on the gross selling price or value of sales, barter, exchanges not specifically taxed elsewhere.
  • Manufacturers bear the tax liability.
  • Deduction allowed for cost of taxed materials used in manufacturing.
  • Special computation rules apply to sawmill operators, taxing 33.33% of the gross cost of logs purchased.
  • Detailed records and vouchers of purchases and sales must be maintained by sawmill operators.

Deduction for Tax-Free Products in Manufacturing

  • The value of tax-free products used in manufacturing is deducted from the value of finished products for tax computations.

Percentage Tax on Specific Manufactures

  • Operators of rope factories, sugar centrals, rice mills, coconut oil mills, corn mills, and desiccated coconut factories pay 2% tax on the gross value of the products.
  • Tax is based on the actual selling price or market value at factory or mill warehouse.
  • Products exported without re-entry to the Philippines are exempt from tax.
  • Small-scale rice and corn mills (16 horsepower or less) are exempt.
  • In contract manufacturing, tax on the planter's share is withheld and remitted by the operator.
  • Sugar refiners may deduct previously taxed raw sugar costs from the gross value.
  • Deduction also applies for materials previously subject to tax used in manufacturing.

Percentage Tax on Contractors and Service Providers

  • A 3% tax on gross receipts applies to various contractors and operators across construction, installation, transport support, and service establishment sectors.
  • Restaurant and refreshment parlor operators pay 3%; bars and cafes serving wine or liquor pay 7%; establishments connected to cabarets or nightclubs pay 10%.
  • Separate invoices must be issued for food/refreshments and alcoholic beverage sales.

Percentage Tax on Transportation and Garage Operators

  • Keepers of garages, transport contractors, and common carriers (land, air, water) pay 2% tax on monthly gross receipts.
  • Exemptions include owners of bancas and animal-drawn two-wheeled vehicles.

Definitions Related to Real Estate Brokers, Salesmen, and Dealers

  • Real estate broker: Persons acting for compensation in sales, purchases, loans, leases, or management of real estate.
  • Real estate salesman: Individuals employed by brokers to perform broker functions.
  • Activities performed on own property or pursuant to court order/power of attorney are excluded.
  • Real estate dealer: Persons engaged in the business of buying, selling, leasing, or renting property as principal with rental income over 4,000 pesos annually.
  • Owners of sugar lands under the special tax law are exempt from dealer classification.

Percentage Tax on Various Brokers and Cinematographic Film Operators

  • Stock, real estate, commercial, customs, and immigration brokers pay 6% tax on gross compensation.
  • Cinematographic film owners, lessors, and distributors pay 2% on gross receipts.
  • Records maintained by these parties may be used for tax assessment.
  • Returns must be declared within prescribed monthly reporting periods.

Penalties for Unlawful Pursuit of Business Regarding Specific Tax Articles

  • Persons manufacturing, rectifying, or repacking taxable articles without paid privilege tax face fines (2,000-10,000 pesos), imprisonment (6 months to 6 years), and forfeiture of products and property.
  • Repeat offenders face higher fines (5,000-15,000 pesos) and longer imprisonment (2-12 years).
  • Persons engaged in businesses with fixed privilege taxes without payment face fines up to 1,000 pesos, imprisonment up to 6 months, or both.

Exemption of Capital Gains from Income Tax Under Conditions

  • Capital gains are exempt from income tax if invested within one year into new productive agricultural or industrial enterprises that save or produce foreign currency.

Effectivity of the Act

  • The Act takes effect upon approval.
  • Sections 6, 7, and 12 have specific approval conditions and commencement.

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