Law Summary
Definition of Overseas Contract Worker (OCW)
- Filipino citizens employed abroad, physically present outside the Philippines due to employment.
- Salaries and wages must be paid by an employer abroad and not charged to any Philippine entity.
- Must be registered with the Philippine Overseas Employment Administration (POEA) and hold a valid Overseas Employment Certificate (OEC).
- Seafarers must also be registered with POEA and possess both a valid OEC and Seafarers Identification Record Book (SIRB) or Seaman's Book issued by Maritime Industry Authority (MARINA).
Tax Treatment of Income
A) Income Taxes
- OCWs/OFWs are taxable only on income sourced within the Philippines.
- Income earned abroad from overseas employment is exempt from Philippine income tax.
- Seafarers engaged in international trade are similarly treated as OCWs for tax purposes.
- Income from business or property within the Philippines is subject to income tax:
- Regular income tax rates from 5% to 32%.
- Passive income subject to various final tax rates:
- 20% on bank interest, royalties (except on books/literary/musical works at 10%), prizes over P10,000, and other winnings excluding PCSO/Lotto.
- 7.5% exemption on certain foreign currency bank deposit interest upon proof of non-residency (OEC or Seaman's Book).
- In joint bank accounts, 50% interest income is exempt, 50% subject to 7.5% final tax.
- 10% on cash or property dividends.
- Capital gains tax: 5%-20% depending on asset type and method of disposition.
- Taxes on pre-terminated investments vary from 5%, 12% to 20% based on instrument and duration.
B) Business Taxes
- OCWs/OFWs engaged in business or trade in the Philippines may be subject to 12% Value Added Tax (VAT).
- Gross sales/receipts must exceed P1,500,000 annually to require VAT registration.
- If sales/receipts do not exceed P1,500,000 and VAT registration is not chosen, a 3% percentage tax applies.
C) Other Taxes and Fees
- Exemption from travel tax and airport fees for migrant workers upon presentation of valid OEC.
- Remittances sent by OCWs/OFWs, upon showing OEC and OWWA Membership Certificate, are exempt from documentary stamp tax (DST).
- Valid proof of entitlement copies must be secured and used by both remitter and beneficiary for DST exemption.
- For remittances through banks credited to Philippine accounts and withdrawn by ATM, the OCW must present proof of entitlement.
- Expired proof of entitlement disqualifies OCWs/OFWs from DST exemption.
Effectivity Clause
- These regulations take effect immediately upon issuance on February 24, 2011.
Important Legal Concepts
- Tax exemption applies strictly to income sourced from overseas employment.
- Clear differentiation of income types (regular vs passive income) with distinct tax treatments.
- Formal registration and certification (POEA registration and OEC) required to avail tax benefits.
- Special consideration for seafarers as a distinct subclass of OCWs.
- Business activity inside the Philippines by OCWs/OFWs subjects them to regular domestic business tax rules.
- Specific procedural requirements and documentary proof needed to benefit from tax exemptions on remittances and travel-related fees.