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Taxes Subject to Withholding

  • Covers percentage taxes on gross receipts from specified businesses:
    • Restaurants, refreshment parlors, bars, cafes, clubs, caterers: 4% on food/refreshments, 8% on alcoholic beverages.
    • Eating places within cockpits, cabarets, night/day clubs, Jai-Alai, race tracks: 12% (cockpit, cabaret, clubs), 25% (Jai-Alai, race tracks).
    • Hotels, motels, lodging facilities: 12% on room occupancy.
    • Garages, car rentals, transportation contractors, common carriers: 3% on gross receipts.
    • Franchise holders:
      • Electric utilities, city gas, water: 2% (with exceptions for cooperatives).
      • Telephone, telegraph, radio, broadcasting: 3%.
      • Other franchises: 5%.
    • Insurance businesses: 5% on total premiums collected (excluding reinsurance).
    • Sellers with annual gross sales under P200,000 not registered for VAT: 2% on gross sales/receipts.
  • Withholding is not required for sellers exempted from VAT who elected to register and be taxed accordingly.

Exemptions from Withholding

  • Payments to government agencies or instrumentalities performing governmental functions.
  • Payments to private individuals or entities exempt from applicable taxes with a valid certificate of exemption from the Commissioner of Internal Revenue or authorized representatives.

Basis for Tax Computation

  • Caterers: Separate invoicing for food/refreshments and alcoholic beverages; withhold 4% or 8% respectively.
  • If sales of food and liquor not invoiced separately, entire payment subject to 8%.
  • Eating places linked to specific venues taxed at 12% or 25% on gross payments.
  • Hotels and lodging: based on gross money payments for room occupancy.
  • Common carriers and transportation contractors: based on gross payments.
  • Franchise taxes: based on gross payments to franchise holders.
  • Insurance premiums: based on gross premiums paid.
  • Percentage tax on VAT-exempt persons: based on gross quarterly sales or receipts.

Filing of Returns and Remittance Procedures

  • Government offices/agencies prohibited from making money payments without previously deducting and withholding taxes.
  • Taxes withheld must be reported in Monthly Return of Internal Revenue Taxes Withheld on Government Money Payment (BIR Form 7.50A).
  • Payment to be made to the appropriate Revenue District Officer, Collection Agent, or authorized Treasurer.
  • Returns filed and payments made within 10 days after month-end.
  • Payment Acceptance Orders (PAO) used where bank payments authorized.
  • Confirmation Receipt or PAO number must be indicated in the return.

Issuance of Certificate of Withholding

  • Withholding government entity to issue Certificate of Internal Revenue Taxes Withheld on Money Payments (BIR Form 7.50B) in triplicate.
  • Two copies given to payee upon payment or within 15 days after the calendar quarter.
  • Third copy retained by withholding entity as file copy.

Creditability of Tax Withheld

  • Tax withheld and evidenced by the certificate is creditable against sales or percentage tax liabilities of the payee.
  • Payee must include withheld amount in gross sales or receipts in tax returns for the quarter or year.

Penal Provisions for Non-compliance

  • Applies to government officers/employees responsible for withholding and remittance.
  • Penalties upon conviction include fines from P5,000 to P50,000, imprisonment from 6 months to 2 years, or both, plus dismissal from service.
  • Offenses include failure to deduct and withhold, failure to remit withheld taxes timely, and failure to file required returns or certificates.

Repealing and Effectivity

  • All previous inconsistent rules and regulations are revoked.
  • These regulations took immediate effect upon adoption on January 21, 1988.

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