Legal Basis and Legislative Anchor
- Section 1 authorizes issuance pursuant to Section 4 and Section 244 of Republic Act No. 8424.
- Section 1 also anchors the regulations on Section 84 of Republic Act No. 10963.
- Section 1 specifically targets implementation of the stock transfer tax rate increase found in Section 39 of Republic Act No. 10963.
Covered Tax Transaction and Rate Increase
- Section 2 establishes the new rate of percentage tax on stock transfers.
- Section 2(A) provides for the tax on every sale, barter, exchange, or other disposition of shares of stock listed and traded through the local stock exchange, other than the sale by a dealer in securities.
- Section 2(A) imposes the tax at the rate of six-tenths of one percent (6/10 of 1%) of the gross selling price or gross value in money of the shares.
- The tax under Section 2(A) is paid by the seller or transferor.
- Section 2(A) states that the percentage tax on such sales, barter, exchange, or dispositions is increased from one-half of one percent (1/2 of 1%) to six-tenths of one percent (6/10 of 1%).
Procedural Guidance During Form Update
- Section 5 provides transitory filing and payment rules while BIR Form No. 2552 is being updated.
- Section 5(A) (ATC: A. FPS Fil ers) requires filing and payment of 1/2 of 1% online using existing BIR Form No. 2552.
- Section 5(A) requires payment of the deficiency tax of 1/10 of 1% using BIR Form No. 0605.
- Section 5(A) requires the seller/transferor to use the ATC Percentage Tax - Stocks (PT 200) for the online 1/2 of 1% filing under existing procedures.
- Section 5(B) (BIR Form ers) requires filing 1/2 of 1% online using the existing BIR form in the eBIR Forms Package and paying via:
- Online via GCASH, LBEPS, or BDPTO; or
- Manually via OTC of AABs under the jurisdiction of the RDO where the taxpayer is registered.
- Section 5(B) requires filing the deficiency tax of 1/10 of 1% using BIR Form No. 0605 and paying via the same options (GCASH, LBEPS, BDPTO or OTC of AABs under the taxpayer’s RDO jurisdiction).
- Section 5(C) (Manual Fil ers) requires:
- Filling in the applicable BIR Form No. 2552 (whether pre-printed or downloaded from the BIR website) using the new tax rate of 6/10 of 1%; and
- Filing and paying manually via OTC of AABs under the jurisdiction of the taxpayer’s RDO.
Repealing and Separability Rules
- Section 3 repeals, amends, or modifies all existing rules and regulations (or parts) inconsistent with these regulations.
- Section 4 provides a separability clause stating that if any clause, sentence, provision, or section of the regulations is held invalid or unconstitutional, the remaining parts shall not be affected.