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
Corporations
Corporations 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 Corporations
Generally, 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.
Individuals
Classification
For 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 individuals
Citizens, 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 31
of 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 v
从外国货币收入与非居民,交易FCDUs 和其他地方装置商业银行和其他金融分支机构外国银行的正式授权由中央银行吴菲律宾(菲律宾的中央银行)。利息收入的 FCDUs 和外币贷款的 OBUs除了给予居民FCDUs 和 OBUs 是服从最后 10%的税款。国际载体是受到 2.5%的最后税总的菲律宾营业额,但他们将会获得豁免的。如果本国会提供类似的税收豁免对菲律宾的载体。区域或跨国公司的地区总部公司被免除同时区域经营所得税跨国公司的总部公司另加收 10%税在课税入息净额。像个人所得税的税收优惠假期或优惠税率(按总收入的 5%) 都可用企业在经济区,苏比克湾自由港和特别经济区和克拉克特别经济区。分支机构利润汇款税(小)通过分支机构的外国汇款在菲律宾公司(除了那些活动注册菲律宾经济带管理局和其他公司在经济特区、 内如苏比克湾大都会权威和克拉克发展管理局),对它们的总部另加收 15%血压。15%税收可能进一步降至 10%取决于双重征税与某些国家的条约。的税收基于利润总额应用或指定用于汇款没有任何扣除税有关部分。其他税强加给公司公司也是有责任的最低的企业所得税,附加福利税和不当累积的收益税。最低的企业所得税(MCIT)。2 %mcit 年度总收入强加的公司零或负应纳税所得额或其定期的企业所得税(资源型) 责任小于 MCIT开始上第四次纳税次年,他们开始业务运营。任何过剩在资源型 MCIT 应弘扬和反对贷记三资源型立即以后应纳税年度。然而,财政秘书可暂停征收MCIT 根据提交的证据由申请人公司验证由警务处处长内部收入的授权代表,,公司持续大幅由于长时间的损失劳动争议、 不可抗力,或合法的商业损失。附加福利税。授予的附带福利监督和管理员工均受过 32%税的票房了价值附加福利。附带福利给出了由 OBUs,区域或地区总部、 区域经营跨国公司的总部公司和石油承包商和分包商合格的非菲律宾员工和,在某些情况下,菲律宾员工被收税在 15%的票房高的货币价值附加福利。不当累积的盈利税。对实行 10%的税不当累积的盈利国内的企业,除了在公众持有的公司,为例银行和其他非银行金融中介机构和保险公司。当一家公司允许其收益或利润其合理的基础上积累需要,它须假定目的是为了避免税收上股东,除非证明相反。对非居民企业税收一般来说,非居民外国公司的税率 30%菲律宾总额例如股息收入来源租金、 特许权使用费、 补偿,和技术服务的报酬。这种税是源泉扣缴。有是所得税优惠对于某些类型的非居民公司,以及那些范围内的实体具体税率条约签订由菲律宾。个人分类为所得税目的个人被列为:居住的公民。居民公民征税他们补偿、 商业和其他收入来源内和外面的菲律宾。非居民的公民。户籍的公民,包括那些工作和派生收入从国外如海外合同工人、 海员谁获得服务的补偿作为成员的国外呈现一种补充的船只完全在国际贸易中,只有在取得的所得征税从菲律宾境内的来源。外籍居民。外籍居民只有在取得的所得征税从菲律宾境内的来源。非居民外国人从事在贸易或业务菲律宾。非居民外国人从事贸易或业务菲律宾被收税在同一作为公民和居民的方式但只能在菲律宾源上的外星人收入。非居民外国人不从事在贸易或业务菲律宾。非居民外国人不从事贸易或业务菲律宾被征税格罗斯菲律宾来源收入的金额。个人所得税税率公民,非居民公民外籍居民和非居民外国人从事贸易或业务在菲律宾一般都须按累进的税率收入的 5%至 32%。非居民外国人不从事贸易或在菲律宾的业务一般主题平收入税率 25%的总收入。一般来说,个人被征税上的收入的两个主要类别:从就业收入和业务或行使的收入如何操作在菲律宾 31一种职业。版税,利益,股息和其他被动个人收入是服从不同的所得税税率。豁免公民和外国侨民是题为对个人的豁免PhP50,000 和额外的豁免的 PhP25,000 为每个不合格的受抚养子女超过四个从属单元格。的为每个额外免税应仅由声称依赖丈夫除非他放弃对支持他的妻子。结婚个人应计算其个人所得税分开。已婚的人士不这样做纯粹的补偿收入须提交报税表要包括两者的收入配偶,除非是不切实际的夫妻双方一个税报税。非居民外国人从事贸易或业务在菲律宾有权享受个人免税额(但不是包括附加豁免)只有根据互惠原则。32 如何操作在菲律宾税务条约特定类型的收入免征所得税或须按优惠税率根据对具有约束力的条约菲律宾政府服从事先申请的效用豁免或优惠税收条约利率与 BIR 提起。税收与菲律宾条约下列国家处于力:预缴税金系统的预缴税金可信的预缴税金 (CWT)。某些收入款项居民对另一位居民都除指定预缴税金订房服务。预扣税是值得称赞反对的所得税的纳税义务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. AustraliaAustriaBahrainBangladeshBelgiumBrazilCanadaChinaCzech RepublicDenmarkFinlandFranceGermanyHungaryIndiaIndonesiaIsraelItalyJapanKoreaMalaysiaNetherlandsNew ZealandNorwayPakistanPolandRomaniaRussiaSingaporeSpainSwedenSwitzerlandThailandUnited Arab EmiratesUnited Kingdom and Northern IrelandUnited StatesVietnamValue-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 TaxExcise 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 v
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