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.