Issuance of TIN Card and the Transfer of Registration

With regards to the issuance of TIN Card and the transfer of Registration, the bureau has issued the Revenue Regulations No. 5-2010 amending Sections 3 (D) and 12 of Revenue Regulations No. 11-2008.

For the issuance of TIN Card, once application is approved and a TIN is assigned, the corresponding TIN Card shall be issued. the same must be processed and released to the applicant within the same day the complete documentary requirements as prescribed in Item C (2) above have been submitted to the concerned RDO.

While, for the Transfer of Registration, in case a registered person decides to transfer his registered address, or business address of his head office or branches, it shall be his duty to inform the RDO where he is registered by filing the prescribed BIR Form specifying therein the complete address where he intends to transfer.

Please refer ftp://ftp.bir.gov.ph/webadmin1/pdf/51752RR%205-2010%20ON%20TRANSFER%20OF%20REGISTRATION.pdf of the full text of RR No. 5-2010

Who are exempt from the Imposition of Annual Registration Fee from BIR?

Revenue Regulations No. 11-2008 Section 10, stated that every separate or distinct establishment or place of business shall be paid upon registration and every year thereafter on or before January 31 by every person subject to any internal revenue tax with Annual Registration Fee (RF) in the amount of Five Hundred Pesos (P500.00).

However, the following shall be exempt from the imposition of annual registration fee:

1. Cooperative duly registered with the CDA;

2. Individuals earning purely compensation income whether locally or abroad;

3. Overseas Workers;

4. GAIs, in the discharge of their governmental functions;

5. Marginal Income Earners;

6. LGUs, in the discharge of their governmental functions;

7. Tax exempt persons such as those enumerated under Section 30 of the Code, as amended, in pursuance of tax-exempt activities;

8. Non-stock/non-profit organizations not engaged in business;

9. Persons subject to tax under one-time transactions; and

10. Facility/ies where no sales transaction occur.

Marginal Income Earner refer to those individuals whose business do not realize gross sales or receipts exceeding P100,000 in any 12-month period.

Please refer ftp://ftp.bir.gov.ph/webadmin1/pdf/42151rr%20no.%2011-2008.pdf of the full text of the regulations.

Primary Registration of Employment, Business and Other Undertakings with the Bureau of Internal Revenue (BIR)

Under Revenue Regulations 11-2008, Section 2 (A), Primary Registration shall mean the process by which a person whether individual, including estate and trusts, or a corporation and other juridical entities upon application and full compliance with the registration requirements prescribed in these Regulations, is registered with and consequently included in the registration database of the Bureau of Internal Revenue (BIR).

Section 5 of the regulations stated that the every person subject to any internal revenue tax, which is expected to be paid periodically with the BIR as follows:

A. Employees: Withinh ten (10) days from the date of employment.

B. Self-employed individuals, professionals, estate and trusts and their branches, if any; branches of corporation: On or before the commencement of business.

C. Corporation (Taxable or Non-taxable): Before payment of any tax due.

In the case of corporation where documentary stamp tax (DST) is required to be paid on the original issuance of shares of stock to the shareholders or subscription of shares of stock, within five (5) days after the close of the month.

D. Partnerships, Associations, Cooperatives, Government Agencies and instrumentalities: Before or upon filing of any applicable tax return, statement or declaration as required by the Code, as amended.

Please refer ftp://ftp.bir.gov.ph/webadmin1/pdf/42151rr%20no.%2011-2008.pdf of the full text of the regulations.

Persons Who Are Required or Who May Secure Taxpayer Identification Number (TIN)

Based on Revenue Regulations No. 11-2008 Section 3 (B), provides or stated the Persons who are required or who may secure Tax Identification Number (TIN) as follows:

1. Every persons subject to any national internal revenue tax namely: income tax, estate tax and donor's taxes, value-added tax, percentage tax, excise tax, and documentary stamp tax, including its branches;

2. Any person who, although exempt from the imposition the taxes is required to withhold taxes on account of his/its income payments made to taxable individuals or entities;

3. Pursuant to Section 236(J) of the Code, as amended, any person required under the authority of said Code, as amended, to make, render or file a return, statement or other document whereby he/it is rquired to indicate his/its TIN in such return, statement or document filed with the BIR for his/its proper identification for tax purposes, and which he/it shall indicate in certain documents, such as, but not limited to the following:

a. Sugar quedans, refined sugar release order or similar instruments to reflect the TIN of the owner or seller of the sugar;

b. Domestic bills of lading to reflect the TINs of the ships and consignees of commercial value shipment;

c. Documents to be registered with the Registry of Deeds or Assessor's Office, to reflect the TINs of owners;

d. Registration certificates of transportation equipment by land, sea or air, to reflect the TINs of owners;

e. Documents to be filed or registered with the Securities and Exchange Commission (SEC);

f. Building construction permits to reflect the TINs of owners and contractors of buildings and civil works;

g. and others...

4. Any person required to secure TIN by reason of the provisions of Executive Order No. 98. - as prescribed by this law, persons, whether natural or juridical, dealing with all government agencies and instrumentalities, including Government-Owned and/or controlled Corporations (GOCCs), and all Local Government Units (LGUs), are thereby required to incorporate the Taxpayer Identification Number (TIN+) in all forms, permits, licenses, clearances, official paper and documents which they secure these government agencies, instrumentalities including GOCCS and LGUs.

Section 2 (D) of the regulations, Taxpayer Identification Number (TIN) shall pertain to the reference index number issued and assigned by the BIR to each and every person registered in its database. In all of the business and/or personal transactions of the registered person whether these be with government office or otherwise, this reference index number is required to be indicated.

The TIN comprises of a 9 to 13 digit numeric code where the first 9 digits is the TIN proper and the last 4 digits is the branch code (in case of business entities).

A TIN for the estate of a deceased person under judicial settlement and/or a trust under an irrevocable trust agreement shall be secured separate from the TIN of the deceased person and/or trustee.

Issuance of TIN card for the first time shall be free of charge. Minors who are earning and shall be supplied with TIN.

Please refer ftp://ftp.bir.gov.ph/webadmin1/pdf/42151rr%20no.%2011-2008.pdf of the full text of the said regulations.

Effectivity of Threshold Amounts for Sale of Residential Lot, Sale of House and Lot, Lease of Residential Unit and Sale or Lease of Goods or Properties or Performance of Services

The Revenue Regulations No. 3-2012 has issued by the Bureau dated February 20, 2012 to informed the public the effectivity of Threshold Amounts for Sale of Residential Lot, Sale of House and Lot, Lease of Residential Unit and Sale or Lease of Goods or Properties or Performance of Services covered by Section 109 (p), (Q) and (V) of the Tax Code of 1997, as amended provides the amounts stated therein shall be adjusted to their present values using the Consumer Price Index as published by the National Statistics Office (NSO). 

With the issuance of Revenue Regulations No. 16-2011 dated October 27, 2011, the threshold amounts has been adjusted as follows:

The new threshold amounts shall be made effective for instrument of sale (whether the instrument is nominated as a deed of absolute sale, deed of conditional sale or otherwise) is executed and notarized on or after January 1, 2012.

In addition with, pertinent portions of Section 4.106-3 of revenue Regulations no. 16-2005, as amended by Revenue Regulations No. 16-2011 should properly be worded as follows:

"Section 4.106-3 Sale of Real Properties. - sale of real properties held primarily for sale to customers or held for lease in the ordinary course of trade or business of the seller shall be subject to VAT.

Sale of residential lot with gross selling price exceeding P1,919,500.00, residential house and lot or other residential dwellings with gross selling price exceeding P3,199,200.00 where the instrument of sale (whether the instrument is nominated as a deed of absolute sale, deed of conditional sale or otherwise) is executed and notarized on or after January 1, 2012 and shall be subject to twelve percent (12%) output VAT.

However, for instruments of sale executed and notarized on or after November 1, 2005 but prior to January 1, 2013, the threshold amounts should appropriately be P1,500,000 and P2,500,000 respectively, and excess thereof shall be subject to ten percent (10%) output VAT, and starting February 1, 2006, to twelve percent (12%) output VAT.

Besides, Sections 4.109.-1 (B)(1), (p)(4) of Revenue Regulations No. 16-2005, as amended by Revenue Regulations No. 16-2011 should properly be worded as follows:

"(p) The following sales of real properties are exempt from VAT, namely:

(4) Sale of residential lot valued at One Million Nine Hundred Nineteen Thousand five Hundred Pesos (P1,919,500.00) and below, or house & lot and other residential dwellings valued at Three Million One Hundred Ninety-Nine Thousand Two Hundred Pesos (P3,199,200.00) and below where the instrument of sale/transfer/disposition was executed and  notarized on or after January 1, 2012;

However, for instrument executed and notarized on or after Nov. 1, 2005 but prior to January 1, 2012, the threshold amounts should appropriately be P1,500,000 and P2,500,000 respectively.

Provided, that every three (3) years thereafter, the amounts stated herein shall be adjusted to its present value using the Consumer Price Index, as published by the National Statistics Office (NSO); Provided, further, that such adjustment shall be published through revenue regulations to be issued not later than March 31 of each year.

Please refer ftp://ftp.bir.gov.ph/webadmin1/pdf/62308RR%203-2012.pdf of the full text of the Revenue Regulations No. 3-2012.

Clarification of the Tax Treatment of Payouts by Employee Pension Plans

The Commissioner of Internal Revenue just recently issued the Revenue Memorandum Circular No. 39-2014 for the purpose in clarifying the Tax Treatment of Payouts by Employee Pension Plans.

Based on the circular, there are pension, stock bonus and profit-sharing plans that are permitted by their charters to disburse benefits (i. e., dividends) to the beneficiary-employees. As a general rule, Section 60(a) of the National Internal Revenue Code (NIRC) of 1997, as amended, subjects the income of any kind of property held in trust to income tax. By way of exception, Section 60(B) exempts from income tax an employee's trust which forms part of a pension, stock bonus or profit-sharing plan of an employer for the benefit of some or all of his employees subject to the following conditions:

1. Contributions are made to the trust by such employer, or employees, or both for the purpose of distributing to such employees the earnings and principal of the fund accumulated by the trust in accordance with such plan; and

2. Under the trust instrument it is impossible, at any time prior to the satisfaction of all liabilities with respect to employees under the trust, for any part of the corpus or income to be (within the taxable year or thereafter) used for, or diverted to, purposes other than for the exclusive benefit of his employees.

3. As an exception to the above exception, Section 60(b) subjects to income tax, in the year in which so distributed, any amount actually distributed to any employee or distributee to the extent that it exceeds the amount contributed by such employee or distributee.

Prescinding from the foregoing, the entire amounts of benefits paid by a pension, stock bonus or profit-sharing plan of an employer for the benefit of employees are taxable on the part of the employees in the year so distributed. This tax treatment, however, does not apply to payouts representing a return of an employee's personal contributions to the fund and to retirement benefits exempt under Section 32(B)(6)(a) of the NIRC.

Please refer ftp://ftp.bir.gov.ph/webadmin1/pdf/86328RMC%20No%2039-2014.pdf for the illustrations and full text of RMC No. 39-2014.

Filing/Submission of Hard Copy of the Certificate of Compensation Payment/Tax Withheld (BIR Form 2316)

Last May 20, 2013. the BIR has issued the Revenue Regulations No. 11-2013 which took effect beginning with the calendar year 2013 requiring the employer for the filing/submission of hard copy of the Certificate of Compensation Payment/Tax Withheld (BIR Form 2316) covering employees who are qualified for substituted filing.

The regulations is hereby amending Section 2.83 of RR 2-98 to read as follows:

"Sec. 2.83 Statement and Returns. - 

Section 2.83.1. Employees Withholding Statements (BIR Form No. 2316). - In general, every employer or other person who is required to deduct and withhold the tax on compensation including fringe benefits given to rank and file employees, shall furnish every employee from whose compensation taxes have been withheld the Certificate of Compensation Payment/Tax Withheld (BIR Form No. 2316) on or before January 31 of the succeeding calendar year, or if employment is terminated before the close of such calendar year, on the day on which the last payment of compensation is made. Failure to furnish the same shall be a ground for the mandatory audit of payor's income tax liabilities (including withholding tax) upon verified complaint of the payee.

Employers of MWEs are still required to issued BIR Form nO. 2316 (June 2008 Encs version) to the MWEs on or before January 31 of the following year.

As a rule, the employer shall furnish each employee with the original and duplicate copies of the BIR Form No. 2316 showing the name and address of the employer; employer's TIN; name and address of the employee; employee's TIN; amount of exemptions claimed, amount of premium payments on health and/or hospitalization insurance not exceeding P2,400.00, if any; the sum of compensation paid including the non-taxable benefits; the amount of statutory minimum wage received by MWEs; Overtime pay, holiday pay, night shift differential pay and hazard pay received by MWEs; the amount of tax due; the amount of tax withheld during the calendar year and such other information as may be required. The statement must be signed by both the employer or other authorized office and the employee, and shall contain a written declaration that is made under the penalties of perjury. If the employer is the Government of the Philippines, its political subdivision, agency or instrumentality or government-owned or controlled corporation, the statement shall be signed by the duly designated officer or employee.

However, in cases covered by substituted filing, the employer shall furnish each employee with the original copy of BIR Form No. 2316 and file/submit to the BIR the duplicate copy not later than February 28 following the close of the calendar year. xxxx         xxxx          xxxx"

Besides, it also stated in the regulations that under Section 250 of the Tax Code reading, "In the case of each failure to file an information return, statement or list, or keep any record, or supply any information required by this Code or by the Commissioner on the date prescribed therefor, unless it is shown by this Code or by the Commissioner on the date prescribed therefor, unless it is shown that such failure is due to reasonable cause and not to willful neglect, there shall, upon notice and demand by the Commissioner, be paid by the (P1,000) for each such failure; Provided, however, That the aggregate amount to be imposed for all such failures during a calendar year shall not exceed twenty-five thousand pesos (P25,000).

Please refer ftp://ftp.bir.gov.ph/webadmin1/pdf/71821RR%2011-2013.pdf of the full text of the Revenue Regulations No. 11-2013.

Clarification on the Price Ceiling of Socialized Lot

The bureau just recently issued the Revenue Memorandum Circular No. 36-2014 to clarify the price ceiling of socialized lot only pursuant to Revenue Regulations (RR) No. 11-97, RR 17-01 and Housing and Urban Development Coordinating Council (HUDCC) Resolution No. 1, Series of 2013.

Under the circular, the definition of socialized housing was provided in Revenue Regulations (RR) No. 11-97 and reiterated in RR 17-01 to wit:

"Socialized Housing - refers to housing programs and projects covering houses and lots or homelots only that are undertaken by the government or the private sector for the underprivileged and homeless citizens, which shall include sites and services development, long-term financing, liberalized terms on interest payments, and as such other benefits in accordance with the provisions of Republic Act 7279.

"A socialized housing unit shall not exceed P150,000 (now P450,000.00 per issuance of HUDCC Memorandum Circular No. 1, Series of 2013 promulgated on October 16, 2013) for a house and lt package, subject to periodic adjustment or increase as the Housing and Land Use Regulatory Board (HLURB) may effect forty percent (40%) of the maximum limit prescribed for the house and lot package."

The P450,000.00 price ceiling applies to house and lot package, and that if only lot is sold, the price ceiling should only be P180,000/lot (40% of P450,000).

Please refer ftp://ftp.bir.gov.ph/webadmin1/pdf/86275RMC%20No%2036-2014.pdf of the full text of RMC No. 36-2014.

Mandatory Submission of Quarterly Summary List of Sales and Purchases (SLSP) by All VAT Registered Taxpayer

The bureau has issued Revenue Regulations No. 1-2012 which took effect last January 1, 2012 requiring the Mandatory Submission of Quarterly Summary List of Sales and Purchases (SLSP) by All VAT Registered Taxpayer Thereby Amending Section 4.114-3 of Revenue Regulations No. 16-2005, as amended as follows:

a. Persons Required to Submit Summary Lists of Sales and Purchases. - 

  (1) Persons Required to Submit Summary Lists of Sales. - All persons liable for VAT such as         manufacturers, wholesalers, service-providers, among others are required to submit Summary List of Sales.

  (2) Persons Require to Submit Lists of Purchases. - All persons liable for VAT such as manufacturers, service-providers, among others are required to file Summary List of Purchases.

e. Rules in the Presentation of the Required Information in the Summary Schedules. - XXX

  (7) The Quarterly Summary List of Sales and Purchases shall be submitted through Compact Disk-Recordable (CDR) medium following the format in Subsection (g) hereof."

Section 4.114.3 (f) is hereby repealed, and (g), (h), (i) renumbered as follows:

"f. Required Procedure and Format in the Submission of Quarterly List of Sales and Purchases - XXX

g. Issuance of Certificate of VAT Withheld at Source - XXX

h. Penalty Clause - 

Under these regulations, it is also stated that the provisions of RR 16-2005 and all other issuances inconsistent herewith are hereby repealed, modified or amended accordingly. Likewise, all reference to "magnetic form 3.5-inch floppy diskettes" in RR 16-2005 shall henceforth refer to "Compact Disk-Recordable (CDR)".

Please refer ftp://ftp.bir.gov.ph/webadmin1/pdf/62304RR%201-2012.pdf of the full text of Revenue Regulations No. 1-2012.

Extension of the Period to Submit the Required Affidavit and Official Appointment Books

The bureau just issued the Revenue Memorandum Circular No. 32-2014 extending the period within which to submit the required affidavit and official appointment books under section 3 of Revenue Regulations (RR) No. 4-2014.

The RR No. 4-2014 was took effect last April 6, 2014, entitled "Guidelines and Policies for the Monitoring of Service Fees of Professionals" that requires all exiting and registered self-employed professionals at the time of the effectivity of the RR to submit an affidavit (indicating the rates, manner of billings and the factors they consider in determining their service fees as well as to register their official appointment books within thirty (30) days from the date of RR's effectivity on April 6, 2014 or until May 6, 2014.

The bureau has extended from May 6, 2014 to May 31, 2014 to give ample time for all the parties concerned to prepare and comply with such a requirement, the period within which to submit said affidavit and to register the official appointment books under Section 3 of RR No. 4-2014.

Please refer ftp://ftp.bir.gov.ph/webadmin1/pdf/rmc_32-2014.pdf the full text of the RMC 32-2014.

http://philippinetaxtalk.blogspot.com/2014/03/guidelines-and-policies-for-monitoring.html