on income from foreign currency transactions with nonresidents, and other FCDUs and OBUs, local commercial banks, and branches of foreign banks duly authorized by the Bangko Sentral ng Pilipinas (the Philippines’ Central Bank). Interest income of FCDUs and OBUs from foreign currency loans granted to residents other than FCDUs and OBUs are subject to a final tax of 10%. International carriers are subject to 2.5% final tax on Gross Philippine Billings, but they would be exempted if their home countries would provide a similar tax exemption to Philippine carriers. Regional or area headquarters of multinational companies are exempt from income tax while regional operating headquarters of multinational companies are subject to 10% tax on net taxable income. Tax incentives like income tax holiday or preferential tax rates (5% on gross income) are available for enterprises in the Ecozones, the Subic Bay Freeport and Special Economic Zone, and the Clark Special and Economic Zone. Branch Profit Remittance Tax (BPRT)Remittances by branches of foreign corporations in the Philippines (except those activities registered with the Philippine Economic Zone Authority and other companies within the special economic zones, such as the Subic Bay Metropolitan Authority and Clark Development Authority), to their head offices are subject to 15% BPRT. The 15% tax may be further reduced to 10% depending on the double taxation treaty with certain countries. The tax is based on the total profits applied or earmarked for remittance without any deduction for the tax component thereof. Other Taxes Imposed on CorporationsCorporations are also liable for minimum corporate income tax, fringe benefits tax and improperly accumulated earnings tax.Minimum corporate income tax (MCIT).A 2% MCIT on annual gross income is imposed on corporations with zero or negative taxable income or whose regular corporate income tax (RCIT) liability is less than the MCIT beginning on the fourth taxable year following the year they started business operations. Any excess of the MCIT over the RCIT shall be carried forward and credited against the RCIT for the three immediately succeeding taxable years.However, the Secretary of Finance may suspend the imposition of the MCIT upon submission of proof by the applicant-corporation, verified by the Commissioner of Internal Revenue’s authorized representative, that the corporation sustained substantial losses on account of a prolonged labor dispute, force majeure, or legitimate business losses. Fringe benefits tax.Fringe benefits granted to supervisory and managerial employees are subject to a 32% tax on the grossed up value of the fringe benefit. Fringe benefits given by OBUs, regional or area headquarters, regional operating headquarters of multinational companies, and petroleum contractors and subcontractors to qualified non-Filipino employees and, in certain cases, to Filipino employees are taxed at 15% of the grossed up monetary value of the fringe benefit.Improperly accumulated earnings tax.A 10% tax is imposed on the improperly accumulated earnings of domestic corporations, except in the case of publicly held corporations, banks, and other non-bank financial intermediaries and insurance companies. When a corporation allows its earnings or profits to accumulate beyond its reasonable needs, it shall be assumed that the purpose is to avoid tax on stockholders, unless proven to the contrary.Tax on Non-resident CorporationsGenerally, non-resident foreign corporations are taxed at 30% of the gross amount of Philippine source income such as dividends, rents, royalties, compensation, and remuneration for technical services. This tax is withheld at source. There are preferential income tax rates for some types of non-resident corporations, as well as those entities that fall within the scope of specific tax treaty rates entered into by the Philippines. IndividualsClassificationFor income tax purposes, individuals are classified as:Resident citizens. Resident citizens are taxed on their compensation, business, and other income derived from sources within and outside of the Philippines. Non-resident citizens. Nonresident citizens, including those working and deriving income from abroad such as overseas contract workers and seamen who derive compensation for services rendered abroad as members of a complement of vessels engaged exclusively in international trade, are taxed only on income derived from sources within the Philippines. Resident Aliens. Resident aliens are taxed only on income derived from sources within the Philippines.Non-resident aliens engaged in trade or business in the Philippines. Non-resident aliens engaged in trade or business in the Philippines are taxed in the same manner as citizens and resident aliens but only on Philippine-source income.Non-resident aliens not engaged in trade or business in the Philippines. Non-resident aliens not engaged in trade or business in the Philippines are taxed on gross amount of Philippine-source income.Income Tax Rates for individualsCitizens, non-resident citizens, resident aliens, and nonresident aliens engaged in trade or business in the Philippines are generally subject to graduated tax rates on income from 5% to 32%. Nonresident aliens not engaged in trade or business in the Philippines are generally subject to a flat income tax rate of 25% on gross income.Generally, an individual is taxed on two main categories of income: income from employment and income from business or exercise How to operate in the Philippines 31of a profession. Royalties, interest, dividends and other passive income of individuals are subject to different tax rates.
Exemptions
Citizens and resident aliens are
entitled to a personal exemption
of PhP50,000 and an additional
exemption of PhP25,000 for each
qualified dependent child, not
exceeding four dependents. The
additional tax exemption for each
dependent shall be claimed only by
the husband unless he waives the
right in favor of his wife. Married
individuals shall compute their
individual income tax separately.
Married individuals who do not
earn purely compensation income
are required to file a tax return
to include the income of both
spouses, unless it is impractical for
both spouses to file one tax return.
Non-resident aliens engaged in
trade or business in the Philippines
are entitled to personal exemptions
(but not to additional exemptions)
only by way of reciprocity.
32 How to operate in the Philippines
Tax Treaties
Specific types of income are
exempt from income tax or
subject to preferential tax rates
under treaties binding on the
Philippine government, subject to
prior application for availment of
exemption or preferential tax treaty
rates filed with the BIR. The tax
treaties of the Philippines with the
following countries are in force:
Withholding Tax
System of Withholding Tax
Creditable Withholding Tax (CWT).
Certain income payments made by
a resident to another resident are
subject to specified withholding tax
rates. The Tax withheld is creditable
against the income tax liability of
the recipient.
Withholding Tax on Wages.This is
the tax withheld from individuals
receiving purely compensation
income. Employers are required
to withhold the tax due on salaries
and wages paid to their employees.
Subject to certain conditions,
employees may no longer be
required to file income tax returns
at the end of the taxable year.
Final Withholding Tax (FWT).
Under the FWT system, the amount
of income tax withheld by the
withholding agent is constituted
as a full and final payment of the
income tax due from the payee on
the said income.
Australia
Austria
Bahrain
Bangladesh
Belgium
Brazil
Canada
China
Czech Republic
Denmark
Finland
France
Germany
Hungary
India
Indonesia
Israel
Italy
Japan
Korea
Malaysia
Netherlands
New Zealand
Norway
Pakistan
Poland
Romania
Russia
Singapore
Spain
Sweden
Switzerland
Thailand
United Arab
Emirates
United Kingdom
and Northern
Ireland
United States
Vietnam
Value-Added Tax (VAT)
In general, sale of goods, sale of
services and lease of properties,
as well as importation of goods
are subject to VAT. Pursuant
to RA No. 9337 and upon the
recommendation of the Secretary
of Finance, the President raised
the VAT rate to 12% effective 1
February 2006. The Tax Reform
Act of 1997 also provides for
transactions that are subject to 0%
VAT as well as transactions that
are exempt from VAT.
Excise Tax
Excise taxes are imposed on
certain goods (such as cigarettes,
liquor, petroleum products, mineral
products, and motor vehicles)
manufactured or produced in
the Philippines for domestic sale
or consumption or for any other
disposition. Excise taxes are also
imposed on certain imported
goods, in addition to the VAT and
customs duties.
RA No. 9224 rationalized the
excise tax on automobiles based on
the manufacturer’s or importer’s
selling price, net of excise and
VAT. RA 10351 revised the rates
and bases of excise tax on alcohol
and tobacco products and the BIR
issued RR No. 17-2012, Revenue
Memorandum Circular (RMC) No.
3-2013 and RMC No. 10-2013 to
implement the provisions of RA No.
10351.
Percentage Tax
Persons or entities not subject to
VAT, including domestic common
carriers of passengers, international
carriers on their transport of
cargo from the Philippines to
another country, and those in the
amusement business, are subject to
percentage tax on gross receipts or
gross income.
Stock Transaction Tax (STT)
The STT is imposed on the
sale, barter, exchange, or other
disposition of shares through the
facilities of the Philippine Stock
Exchange (PSE) other than the sale
by a dealer in securities at the rate
of ½ of 1% of gross selling price or
gross
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