Title
Exempts DST on Stock Exchange Shares Sale
Law
Republic Act No. 9648
Decision Date
Jun 30, 2009
Republic Act No. 9648 exempts the sale, barter, or exchange of shares of stock listed and traded through the stock exchange from the documentary stamp tax, amending the National Internal Revenue Code and providing guidelines for implementation.

Amendment to documentary stamp tax

  • Section 1 amends Section 199 of the National Internal Revenue Code of 1997 (NIRC of 1997), as amended by Republic Act No. 9243.
  • Section 1 requires that, notwithstanding Section 173, the specified instruments are exempt from documentary stamp tax.
  • Section 1 adds/affirms an exemption for: “Sale, barter or exchange of shares of stock listed and traded through the local stock exchange.”
  • Section 1 limits the exemption to transactions involving shares of stock that are listed and traded through the local stock exchange.

Coverage of exempt transactions

  • Section 1 exempts from documentary stamp tax any sale of qualifying shares of stock.
  • Section 1 exempts from documentary stamp tax any barter of qualifying shares of stock.
  • Section 1 exempts from documentary stamp tax any exchange of qualifying shares of stock.
  • Section 1 applies the exemption when the shares are listed and traded through the local stock exchange.

Implementing rules and regulations

  • Section 2 directs the Secretary of Finance to promulgate and publish the necessary rules and regulations for the effective enforcement of Republic Act No. 9648.
  • Section 2 makes enforcement of the Act dependent on issuance of implementing regulations.

Separability and validity

  • Section 3 provides that if any provision of Republic Act No. 9648 is held unconstitutional or invalid, all other provisions not affected by the invalidity remain valid.

Repealing clause

  • Section 4 repeals, amends, or modifies any laws, decrees, executive orders, rules and regulations, or parts thereof that are inconsistent with Republic Act No. 9648.

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