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.