Legal basis and regulatory framework
- BIR Revenue Memorandum Circular No. 7-2014 operates pursuant to Revenue Regulations No. 7-2012, specifically the definition and rules for MIE under Section 3 of RR No. 7-2012.
- The Circular also references the prescribed invoicing regime under RMO 12-2013 for the issuance of registered principal receipts/sales invoices.
Definition of a Marginal Income Earner (MIE)
- Section 3 of RR No. 7-2012 defines a Marginal Income Earner as an individual whose business does not realize gross sales or receipts exceeding PHP 100,000 in any 12-month period.
- The individual must be not deriving compensation as an employee under an employer-employee relationship, but instead must be self-employed.
- The individual’s activities must be principally for subsistence or livelihood.
- The definition includes, among others, agricultural growers/producers (farmers/fishermen) selling directly to ultimate consumers, small sari-sari stores, small carinderias or aturo-turos, and drivers/operators of a single unit tricycle.
- The definition includes others similarly situated, but excludes licensed professionals, consultants, artists, sales agents, brokers and others similarly situated, including those whose income has been subjected to withholding tax.
Scope: who must register and comply
- The incidence of being an MIE establishes eligibility for specific privileges and imposes minimum registration and tax compliance requirements.
- The Bureau requires MIEs to register using BIR Form 1901 and to meet the minimal documentary requirements stated in the Circular.
Registration and documentary requirements
- An MIE must register with the Bureau using BIR Form 1901.
- Registration must be supported by the following minimal documentary requirements:
- A Sworn Statement of Income for the year (Annex aAa); and
- An NSO Certified or Local Civil Registry Birth Certificate.
- The BIR District Office must evaluate the application for registration.
Certificate, books of accounts, and invoicing
- Upon evaluation, the BIR District Office shall issue the Certificate of Registration to the MIE.
- The BIR District Office shall also ensure compliance with:
- the registration of books of accounts, and
- the issuance of Authority To Print for Principal Receipts/Sales Invoices.
- An MIE must register books of accounts using simplified books appropriate to daily activity, such as a two-column journal or other simplified books for daily expenses and revenues.
- An MIE must issue registered principal receipts/sales invoices as prescribed under RMO 12-2013.
Tax compliance duties and exemptions
- An MIE must file and pay the Annual Income Tax Return using BIR Form 1701, similar to any other self-employed individuals.
- An MIE is exempt from the payment of Annual Registration Fee (ARF).
- An MIE is exempt from payment of business taxes, including VAT or any Percentage Tax.