Title
Amendments to National Internal Revenue Code
Law
Republic Act No. 9504
Decision Date
Jun 17, 2008
This act amends the National Internal Revenue Code to exempt minimum wage earners from income tax, redefine taxable income brackets, and establish personal exemptions and deductions for individual taxpayers.

Law Summary

Income Tax Rates on Individual Taxpayers

  • Specifies income tax rates for individual citizens and resident aliens based on taxable income brackets.
  • Tax rates range from 5% for income not exceeding P10,000, scaling up to 32% for income over P500,000.
  • Married individuals compute income tax separately; income not attributable to either spouse is equally divided.
  • Statutory minimum wage earners are exempt from income tax on their taxable income.
  • Holiday pay, overtime pay, night shift differential pay, and hazard pay for minimum wage earners are tax-exempt.

Optional Standard Deduction in Computing Taxable Income

  • Taxpayers earning compensation under employer-employee relationships have limited deductions.
  • Individuals (except nonresident aliens) may elect a standard deduction up to 40% of gross sales or receipts.
  • Corporations may similarly elect a 40% deduction on gross income.
  • Election must be declared in tax return and is irrevocable for that taxable year.
  • Electing individuals are exempt from submitting financial statements but must maintain records as prescribed.

Personal and Additional Exemptions

  • Basic personal exemption of P50,000 per individual taxpayer is allowed.
  • For married taxpayers with only one earning income, only that spouse claims the exemption.
  • Additional exemption of P25,000 allowed per dependent, maximum of four dependents.
  • Only one spouse may claim additional exemptions for dependents.
  • For legally separated spouses, the one with child custody may claim the exemption, subject to maximum limits.
  • Dependents defined as legitimate, illegitimate, or legally adopted children under 21 years, unmarried, not gainfully employed, or any dependent incapable of self-support due to mental or physical defects.

Income Tax Return Filing Requirements

  • Specifies individuals required and exempted from filing income tax returns.
  • Exemptions include individuals earning only pure compensation income with correct withholding, except those with multiple employers.
  • Minimum wage earners and those exempt by other laws need not file income tax returns.

Withholding Tax on Wages

  • Employers must withhold income tax on wages paid, except for minimum wage earners.
  • Withholding rules to be prescribed by the Secretary of Finance, upon Commissioner’s recommendations.

Separability Clause

  • Invalidity of any provision does not affect other provisions still effective.

Repealing Clause

  • Any laws, decrees, orders, or regulations inconsistent with this Act are repealed or modified accordingly.

Effectivity Clause

  • The Act takes effect 15 days after publication in the Official Gazette or two newspapers of general circulation.

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