Title
Local Tax Code for LGUs
Law
Presidential Decree No. 231
Decision Date
Jun 28, 1973
The Local Tax Code in the Philippines governs the imposition and collection of local taxes, including the annual residence tax on individuals and corporations, exemptions, collection procedures, and civil remedies for delinquent taxes.

Law Summary

Fundamental Principles of Local Taxation

  • Uniform taxation within each local political subdivision
  • Taxes based on taxpayers' ability to pay
  • Taxes levied only for public purposes
  • Taxes must not be unjust, excessive, oppressive, or confiscatory
  • Taxes must comply with law, public policy, and national economic policy
  • Collection of local taxes must not be let to any person
  • Revenues must benefit the local government imposing the tax
  • Local governments must develop progressive taxation systems

Key Definitions

  • Agricultural products include both original and processed forms
  • Amusement covers entertainment venues and participative amusement places
  • Brewer excludes small domestic producers with limited production
  • Business refers to commercial activities providing livelihood
  • Definitions of capital, corporation, dealer, fee, gross receipts, hotel, license, local government, motor vehicle, occupation, peddler, profession, residence, retail, tax, and others are defined with legal and authoritative sources

Local Authority in Taxation

  • Tax imposition and collection shall be exercised by the appropriate local board: provincial board for provinces, city council for cities, municipal council for municipalities, barrio council for barrios

Common Limitations on Local Taxing Powers

  • Prohibited from imposing documentary stamp tax, taxes on forest products, estate or inheritance taxes, income taxes, motor vehicle registration taxes, customs duties (except limited wharfage), taxes on banks and insurance, export taxes, unreasonable charges on goods passing through, taxes on agricultural products sold by farmers, percentage sales tax except as provided

Taxing Powers of Provinces

  • May impose taxes including:
    • Transfer tax on sale or transfer of real property ownership (max 0.25%)
    • Tax on printing and publication businesses (max 0.5% of gross receipts)
    • Franchise tax on businesses enjoying franchises (max 0.5% gross receipts)
    • Sand and gravel extraction fee (max 0.75 pesos per cubic meter)
    • Occupation taxes on various professions and callings
    • Amusement tax on admission with graduated rates (20%-30%)
    • Fees for sealing and licensing of weights and measures
    • Taxes on peddlers according to mode of transportation
    • Rental fee for use of municipal waters as log ponds
  • Cannot levy business tax, fishery fees, taxes on articles with national specific tax, or fees reserved for municipalities

Taxing Powers of Municipalities

  • May levy taxes including:
    • Business taxes based on gross sales with graduated rates
    • Taxes on cafes, restaurants, service businesses, brewers, tobacco dealers, amusement devices and places, pawnshops, boarding houses, lodging houses, hotels and motels, and other specified businesses
  • May collect fees such as cart registration, building permits, marriage, civil status registration, police clearance, and others
  • May levy fishery rentals and fees for exclusive rights and licenses in municipal waters
  • Limitations: Cannot impose taxes that provinces or cities are authorized to impose, or those enumerated in Section 5

Taxing Powers of Cities

  • May levy any taxes, fees, or impositions authorized to provinces or municipalities
  • Can impose these at up to 50% higher rates than provinces or municipalities, except certain occupation, amusement, and weights and measures taxes which must be uniform
  • May impose percentage taxes on sales of non-essential (max 2%) and essential commodities (max 1%), but not both percentage and graduated fixed taxes on same subject
  • May impose taxes on articles subject to national specific tax but not exceeding 25% of national rates
  • Subject to the same limitations as provinces

Taxing Powers of Barrios

  • Limited to the taxes, fees, charges, and contributions authorized
  • May levy license taxes on stores, signs, gamecocks, and cockfights within prescribed limits (not exceeding 25% for barrios in municipalities and 10% in cities)
  • May collect charges for use of barrio-owned properties or service facilities
  • May solicit contributions from residents, grants, municipal/provincial/national funds, and private entities

Common Revenue-Raising Powers of Local Governments

  • Market fees collected for use of public markets with regulations on subdivisions, rentals, and entrance fees
  • Slaughterhouse fees for permits and use of municipal corrals with specified maximum rates
  • Public utility charges capped at 10% net profit on capital invested
  • Tuition fees collectible only with Secretary of Education approval, excluding elementary instruction
  • Toll fees for roads, bridges, canals, and ferries with exemptions for specified persons and vehicles
  • Fundraising benefits without permit for local welfare
  • Permit and service fees for regulation and services by local government

Provisions on Residence Tax

  • Imposed on individuals and corporations residing or doing business in the Philippines
  • Annual tax plus additional tax based on real property value, gross receipts, salaries, or earnings with detailed schedules
  • Exemptions for diplomats, US Armed Forces members, and transient visitors
  • Collected by Bureau of Internal Revenue through local treasurers
  • Proceeds shared among national government, provinces, cities, and municipalities
  • Penalties and fines for unlawful use or falsification of residence certificates

Administration of Local Tax Ordinances

  • Ordinances passed by local boards or councils numbered sequentially
  • Requires approval and possible veto by local chief executives with override by two-thirds vote
  • Tax ordinances take effect fifteen days after approval unless stated otherwise
  • Ordinances must be published and submitted to Secretary of Finance or appropriate treasurers for review
  • Suspension and revocation mechanisms for unjust, excessive, oppressive, discriminatory, or illegal taxes
  • Appeals process against suspension or enforcement

Collection of Taxes

  • Taxes generally fixed annually and payable quarterly
  • Payment due within first twenty days of January or quarter but extension can be granted for calamities
  • Surcharges of up to 25% and 14% interest per annum on unpaid taxes
  • Taxes collected by local treasurers or authorized deputies
  • Treasurers may examine books and records of taxpayers quarterly for enforcement

Civil Remedies for Tax Collection

  • Local tax liens enforceable against property subject to tax and business assets
  • Remedies include distraint of personal property and legal actions
  • Distraint procedure covers seizure, accounting, notification, sale at public auction, release upon payment, and disposition of proceeds
  • Appraisal committees established for unsold property to consider tax delinquency cancellation

Final Provisions

  • Transitory provisions requiring adjustment or rescission of existing taxes exceeding Code limits within one year
  • Secretary of Finance given authority to review tax rates biennially and promulgate implementing rules
  • Separability and repealing clauses to ensure Code's supremacy and conformity

Definitions Sources

  • Definitions derived from judicial decisions, existing statutes, official regulations, and legal reference materials

Implementing Circular

  • Department of Finance issued guidelines for local officials for compliance and implementation of this Code

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