Title
New Documentary Stamp Purchase and Affixture Procedure
Law
Bir Revenue Regulations No. 5-97
Decision Date
Jan 31, 1997
BIR Revenue Regulations No. 5-97 establishes new procedures for the purchase and affixture of documentary stamps on taxable documents, detailing the conditions for using loose stamps, constructive stamping, and the requirements for tax declarations and penalties for violations.

Legal basis and authority

  • Section 1 authorizes issuance of the Regulations pursuant to Section 4 and Section 245 in relation to Section 200 of the National Internal Revenue Code, as amended.
  • Section 1 directs that the Regulations prescribe the new procedures on how documentary stamps are purchased and affixed on taxable documents/transactions.

Scope and covered stamping systems

  • Section 2 governs purchase and affixture of loose documentary stamps and use under the Actual Stamping System.
  • Section 3 governs purchase and affixture through constructive stamping on taxable documents/transactions or receipts.
  • Section 4 governs purchase of documentary stamps for use in a BIR registered metering machine for future applications not covered by Sections 2 and 3.
  • The Regulations apply to purchases and affixture on taxable documents/transactions and related documents/receipts.

Loose stamps: purchase and use limits

  • Under Section 2.1, any person may purchase loose documentary stamps not exceeding PHP 200.00 for future application on taxable documents/transactions from Revenue Collections Officers.
  • Under Section 2.2, loose documentary stamps are allowed to be used only when the documentary stamp tax due on the taxable document/transaction does not exceed PHP 10.
  • Under Section 2.3, cancellation of the documentary stamp affixed to the taxable document must be done by:
    • writing two lines across the stamp and the portion of the document where it is affixed, and
    • indicating the date of affixture by perforation to render the stamp unreusable.

Constructive stamping: payment proof and advance limit

  • Under Section 3.1, any person may purchase documentary stamps for constructive affixture on each taxable document/transaction when the documentary stamp tax due is PHP 10.00 or more.
  • Under Section 3.2, in lieu of actual documentary stamps, the duplicate copy or a certified xerox copy of the proof of payment may be affixed on each document.
  • Under Section 3.3, advance purchase of documentary stamps for future application is not allowed through the constructive stamping or receipt system.

Metering machine purchases and loading

  • Under Section 4, purchase of documentary stamps for future applications not covered by Sections 2 and 3 is allowed only to persons authorized to use a BIR registered metering machine under Revenue Regulations No. 7-92, dated September 7, 1992.
  • Under Section 5.3, any person authorized to use a DST metering machine must file a documentary stamp tax declaration under BIR Form No. 2000 each time documentary stamps are purchased for loading or reloading the machine.
  • Under Section 5.3, the declaration is filed with an Authorized Agent Bank, Revenue Collection Officer, or a duly authorized City or Municipal Treasurer in the Philippines.
  • Under Section 5.3, the amount of documentary stamps to be reloaded must be equal to the amount of documentary stamps consumed from the previous purchase.
  • Under Section 5.3, the declaration must indicate details of usage/consumption of documentary stamps.

Documentary stamp tax declaration requirements

  • Under Section 5.1, persons liable to pay documentary stamp tax on a taxable document/transaction must accomplish and file a documentary stamp tax declaration under BIR Form 2000 when the tax due amounts to more than PHP 200.
  • Under Section 5.1, the declaration form is filed with and the tax is paid to the Authorized Agent Bank (AAB).
  • Under Section 5.1, in places without Authorized Agent Banks, the declaration is filed with the Revenue Collection Officer or duly authorized City or Municipal Treasurer in the Philippines.
  • Under Section 5.2, any Revenue Collection Officer duly authorized to sell loose documentary stamps must accomplish and file the DST Declaration within five (5) days after the close of each week, showing among others:
    • the amount of documentary stamps sold for the preceding week intended to be replenished.
  • Under Section 5.2, the Revenue Collection Officer must file the DST declaration and pay the amount collected from sale of loose stamps to an Authorized Agent Bank, using the dummy TIN of the RDO.
  • Under Section 5.2, the Revenue Collection Officer must accomplish General Form 16A in accordance with Section 445 of the Government Accounting and Auditing Manual.

Penalties, repeals, and enforcement

  • Under Section 6, any violation of the Regulations is penalized under the pertinent provisions of the National Internal Revenue Code, as amended.
  • Under Section 7, provisions of any BIR revenue regulations, memorandum orders, memorandum circulars, or other BIR issuances inconsistent with these Regulations are repealed, amended, or modified accordingly.

Publication and adoption

  • The Regulations state that they are adopted on January 31, 1997.
  • The Regulations take effect fifteen (15) days after publication in the Official Gazette or a newspaper of general circulation, whichever comes first, under Section 8.

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