Title
Supreme Court
Amendments to National Internal Revenue Code
Law
Republic Act No. 1856
Decision Date
Jun 22, 1957
Republic Act No. 1856, enacted in 1957, amends the National Internal Revenue Code in the Philippines, establishing fixed annual tax rates for businesses based on their gross annual sales and providing exemptions from the percentage tax for certain individuals and transactions.

Law Summary

Specific Fixed Taxes for Certain Business Activities

  • Brewers: PHP 1,000 annually.
  • Distillers: Graduated fixed tax based on annual production from PHP 100 to PHP 600.
  • Rectifiers and repackers: PHP 450.
  • Wholesale and retail peddlers of liquor and tobacco: ranging from PHP 16 to PHP 150.
  • Wholesale liquor dealers: up to PHP 600 depending on location.
  • Wholesale and retail tobacco dealers: PHP 30 to PHP 100.
  • Manufacturers or importers of playing cards: PHP 200.
  • Soft drink or mineral water manufacturers/importers: PHP 100.
  • Brokers of various types: PHP 150, with graduated rates for real estate dealers based on income.
  • Owners of race tracks: PHP 500 per race day.
  • Lending investors: graduated rates based on municipality classification.
  • Cinematographic film owners/lessors/distributors: PHP 200.
  • Business agents: PHP 75.

Occupation Taxes

  • Professionals such as lawyers, medical practitioners, engineers, insurance agents, and others pay PHP 75 annually.
  • Other professionals such as land surveyors, nurses, professional actors, etc., pay PHP 50 annually.
  • Payment of the annual privilege tax entitles professionals to practice nationwide without additional taxes or fees, subject to compliance with registration.

Tax Exemptions

  • Persons with gross monthly sales not exceeding PHP 200.
  • Sellers in public markets exclusively trading domestic meat, fruits, vegetables, poultry, fish, and similar food products.
  • Retail peddlers with stock value not exceeding PHP 100 in domestic food products.
  • Home producers working as one family with a daily production value per person not exceeding PHP 5.
  • Owners of animal-drawn two-wheeled vehicles and bancas.
  • Government employees exclusively serving the government and persons working full-time for non-profit religious, educational, charitable, or medical institutions exempt from occupation tax.

Transactions and Persons Not Subject to Percentage Tax

  • Exclusions in computing percentage tax include:
    • Articles already taxed under Title IV.
    • Agricultural products and ordinary salt sold by producers or landowners.
    • Fish and by-products sold by fishermen or fishing operators.
    • Minerals sold by lessees, concessionaires, or owners.
    • Articles taxed under section 189.
    • Exports by manufacturers or producers.
  • Exemptions from percentage tax:
    • Persons with gross monthly sales not exceeding PHP 200.
    • Market sellers exclusively trading specified domestic food products.
    • Peddlers with stock not exceeding PHP 100.
    • Home producers as described above.
    • Importers under contracts for exclusive use by the Armed Forces.

Issuance of Sales Invoices or Receipts

  • All persons subject to internal revenue tax must issue serially numbered sales invoices or receipts for sales or transfers valued at PHP 2 or more.
  • For sales or transfers of PHP 50 or more, invoices must include purchaser's name and business address.
  • Original to purchaser; duplicate kept by seller for five years.
  • Persons with gross sales exceeding PHP 20,000 annually must issue invoices regardless of transaction value.
  • The Collector of Internal Revenue may grant exemptions in meritorious cases.
  • Public market vendors selling exclusively domestic meat, fruits, vegetables, poultry, fish, and similar products are exempted from this invoicing requirement.

Effectivity

  • The provisions take effect upon approval on June 22, 1957.

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