Tax Treatment of Certain Persons Engaged in the Business of Land Transportation

Revenue Memorandum Circular No. 70-2015 has recently issued by the bureau to reiterate the Tax Treatment of Certain Persons Engaged in the Business of Land Transportation.

This Circular deals with the tax incidence of the business of land transportation, specifically transport network companies (TNCs), such as but not limited to the likes of UBER, GRAB TAXI, their Partners/suppliers and similar arrangements. A TNC is a pool of land transportation vehicles whose accessibility to the riding public is facilitated through the use of a common point of contract which maybe in the form of text, telephone and/or cellular calls, email, mobile applications or by other means.

The TNC may or may not have been granted a Certificate of Public Convenience (CPC). If it is a holder of a valid and current CPC, it is known as a common carrier and its gross receipts are subject to the Three Percent (3%) common carriers tax under Section 117 of the National Internal Revenue Code of 1997 as amended (NIRC). Otherwise, it is classified as a land transportation service contractor and is subject to the Twelve Percent (12%) Value Added Tax (VAT) under the NIRC.

Please refer http://www.bir.gov.ph/images/bir_files/internal_communications_2/RMC%20No%2070-2015.pdf of the full text of RMC No. 70-2015.

Extension In Procuring, Reconfiguring Machines And Sytems Of The Use of Non-thermal Paper For All CRMs, POS Machines And Other Invoice/Receipt Generating Machine/Software

The CIR of the bureau has issued Revenue Regulations No. 12-2015 to amend Section 8 of RR No. 10-2015 as follows:

 

SECTION 2. AMENDMENT. Section 8 of RR No. 10-2015, is hereby amended to be read as follows:

 

"XXX          XXX         XXX

 

SECTION 8. TRANSITORY PROVISIONS. - In order to provide ample time in procuring, reconfiguring machines and systems, to comply with Section 5, adjustments shall be undertaken on or before October 31, 2015. Any extension due to enhancements of systems required to be undertaken abroad shall seek the approval from the concerned Regional Director or ACIR, Large Taxpayer Service which shall not longer than six (6) months from the effectivity of these Regulations.

 

XXX         XXX         XXX"

 

The provisions of these Regulations was took effect immediately last September 29, 2015.

 

Please refer http://www.bir.gov.ph/images/bir_files/internal_communications_1/Full%20Text%20RR%202015/RR%20No.%2012-2015.pdf of the full text of Revenue Regulations No. 12-2015. 

Requisites For The Valid Claim Of Input Tax Credit By VAT-Registered Taxpayer Of The Receipts/Invoices Generated From CRM/POS Machines

Revenue Memorandum Circular (RMC) No. 64-2015 has recently issued by the CIR of the bureau to reiterate the information requirements that must be shown on receipts/invoices/other commercial invoices generated from CRM/POS/software pursuant to Revenue Regulations (RR) No. 10-2015 and RR No. 11-2004, in relation to RR No. 16-2005 regarding the Value-Added Tax (VAT) receipts/invoices.

 

Pursuant to Section 113(B) of the Tax Code, as amended and Sec. 4.113-1 (B) of RR No. 16-2005, the following information of purchases, customer or client must be indicated on the VAT receipts/invoices, in the case of sales amounting to One thousand pesos (P1,000.00) or more and the sale is made to a VAT-registered person:

 

1. Name of purchaser, customer or client;

2. Address;

3. Taxpayer Identification Number (TIN); and

4. Business style, if any.

 

If the CRM/POS is not capable of showing the said requirements, a manually pre-printed receipts/invoices with approved Authority to Print (ATP) must be issued to the purchaser, customer or client based on the existing provisions of the Bureau.

 

Any purchase of goods/services with receipts/invoices generated from CRM/POS/software are mandated to show the said requisites for the valid claim of input tax credit by VAT-registered taxpayer, as provided by Section 4-110-8 of RR No. 16-2005 and in reference to Section 113 and 237 of the Tax Code.

 

Please refer http://www.bir.gov.ph/images/bir_files/internal_communications_2/RMC%2064-2015.pdf of the full text of the RMC No. 64-2015.

Amendment on Section Of RR No. 10-2015, Also Known As The Use of Non-thermal Paper For All CRMs, POS Machines And Other Invoice/Receipt Generating Machine/Software

Revenue Regulations (RR) No. 12-2015 has recently issued by the CIR of the BIR for the amendment of Section 8  of RR No. 10-2015 with details as follows:

 

SECTION 2. AMENDMENT. Section 8 of RR No. 10-2015, is hereby amended to be read as follows:

 

"XXX     XXX     XXX

 

SECTION 8. TRANSITORY PROVISIONS. - In order to provide ample time in procuring, reconfiguring machines and systems, to comply with Section 5, adjustments shall be undertaken on or before October 31, 2015. Any extension due to enhancements of systems required to be undertaken abroad shall seek the approval from the concerned Regional Director or ACIR, Large Taxpayer Service which shall not be longer than six (6) months from the effectivity of these Regulations.

 

XXX     XXX     XXX"

 

SECTION 3. EFFECTIVITY. The provisions of these Regulations shall take effect immediately.

 

Please refer: http://www.bir.gov.ph/images/bir_files/internal_communications_1/Full%20Text%20RR%202015/RR%20No.%2012-2015.pdf of the full text of RR No. 12-2015.

Identification Document or Proof Of Being A Senior Citizen Which May Be Used For The Availment Of Benefits And Privileges

The CIR of the BIR just recently issued Revenue Regulations No. 11-2015, amending Sections 2 and 7(6) of Revenue Regulations (RR) No. 07-2010, as Amended by RR No. 08-2010 as follows:

 

"Section 2. Definitions. - For purposes of these Regulations, the following terms and phrases shall be defined as follows:

 

XXX          XXX          XXX

 

n. Identification Document - any document or proof of being a senior citizen which may be used for the availment of benefits and privileges under these Rules. It shall be any of the following:

 

i. Senior Citizens' Identification Card issued by the Office of Senior Citizens Affairs (OSCA) in the city or municipality where the elderly resides:

 

ii. The Philippine passport of the elderly person or senior citizen concerned; and

 

iii. Government-issued identification card (ID) which reflects on its face the name, picture, date of birth and nationality of the senior citizen which includes any of the following:

 

1) Digitized Social Security System ID

2) Government Service Insurance System ID

3) Professional Regulation Commission ID

4) Integrated Bar of the Philippines ID

5) Unified Multi-Purpose ID (UMID)

6) Driver's License"

 

Please refer http://www.bir.gov.ph/images/bir_files/internal_communications_1/Full%20Text%20RR%202015/RR%20No.%2011-2015.pdf for the Tax Treatment of the Discount Granted to Senior Citizens and full text of RR No. 11-2015.

 

 

 

Extending The Deadline For Submission Of Inventory List And Other Supporting Requirements

The CIR of the Bureau has recently issued Revenue Memorandum Circular (RMC) No. 61-2015 to extend the deadline, initially set on or before September 30, 2015 per Revenue Memorandum Circular (RMC) No. 57-2015 to on or before October 31, 2015, for the submission of the Inventory Lists and other supporting requirements covering ending inventory as of December 31, 2014, and thereafter every 30th day following the close of the taxable year, depending on the accounting period being adopted by the taxpayer.

Please refer http://www.bir.gov.ph/images/bir_files/internal_communications_2/RMCs/RMC_61-2015_Extension_InventoryList.pdf of the full text of RMC No. 61-2015.

Clarification Of The Provisions On The Submission Of Monthly eSales

Revenue Memorandum Circular (RMC) No. 56-2015 has issued by the bureau to clarify the provisions on the Submission of Monthly eSales Report via the Electronic Sales (eSales) Reporting System Prescribed under Revenue Reulations (RR) No. 5-2005 and Revenue Memorandum Order (RMO) No. 12-2012.

eSales is a real time reporting online of actual sales transactions recorded by Cash Register Machine (CRM)/Point-of-Sales (POS) machine, or other sales machines and/or software.

In the course of implementation of RR No. 5-2005 and RMO No. 12-2012, it was ascertained that several adjustments/amendments were made on the amount of monthly eSales as reported resulting in the reconstitution of sales as recorded in CRM/POS machines.

In view thereof, any amendment in the amount of monthly sales reported, shall require a written justification addressed to the concerned LTS Investigating Office/Revenue District Office (RDO) with the corresponding adjusting entries properly recorded in the Books of Accounts.

Taxpayers who failed to comply with the foregoing requirements shall be included in the priority audit program of the concerned investigating offices.

Please refer http://www.bir.gov.ph/images/bir_files/internal_communications_2/RMC%20No%2056-2015.pdf of the full text of RMC No. 56-2015.

Documents that are Subject to Documentary Stamp Tax of Fifteen Pesos (P15.00)

Revenue Memorandum Circular No. 36-2012 was issued by the Bureau for the clarification on whether documents mentioned in Section 199 of the Tax Code of 1997, as amended by Republic Act (RA) No. 9243, are subject to the documentary stamp tax of P15.00 as prescribed in Section 188 of the said Code.

Documentary stamp tax is a tax upon documents, instruments, loan agreements and papers, and upon acceptances, assignments, sales, and transfers of the obligation, right or property incident thereto.

Only instruments, documents and papers of transactions expressly enumerated in Section 199 of the Tax Code, as amended, are exempt from the documentary stamp tax. Consequently, certificates and other necessary documents issued by the Construction Industry Authority of the Philippines, as hereunder enumerated, are not among those mentioned in Section 199 of the Tax Code of 1997, as amended, viz:

1. Certificate of Registration of Overseas Contractors;

2. Certificate of Renewal of Registration of Overseas Contractors;

3. Contractor's License (Original);

4. Certificate of whether a certain contractor is licensed;

5. Certified true copies of license certificates;

6. Certified true copies of documents such as Affidavit of Undertaking of Sustaining Technical Employee (STE) and Curriculum Vitae of STE;

7. Certificate of Accreditation of Arbitrators; and

8. Case documents to be used to support petition to appeal in Court of Appeals.

These documents are clearly subject to documentary stamp tax of Fifteen pesos (P15.00) as prescribed under Section 188 of the Tax Code of 1997, as amended, to wit:

"Section 188. Stamp Tax on Certificates-On each certificate of damage or otherwise and on every certificate or document issued by any customs officer, marines surveyors, or other person acting as such, and on each certificate issued by a notary public, and on each certificate of any description required by law or by rules or regulations of a public office, or which is issued for the purpose of giving information, or establishing proof of a fact, and not otherwise specified herein, there shall be collected a documentary stamp tax of Fifteen Pesos (P15.00)." (Underscoring ours)

Please refer http://www.bir.gov.ph/images/bir_files/old_files/pdf/64650RMC%20No%2036-2012.pdf of the full text of RMC No. 36-2012

Requirements for Deductibility of Certain Income Payments

The CIR has issued Revenue Regulations No. 12-2013 amending Section 2.58.5 of Revenue Regulations No. 2-98, as amended, relative to the Requirements for Deductibility of Certain Income Payments:

SECTION 2. Amendment. - Section 2.58.5 of RR 2.98, as amended, is hereby further amended to read as follows:

"Sec. 2.58.5. Requirements for Deductibility. - Any income payment which is otherwise deductible under the Code shall be allowed as a deduction from the payor's gross income only if it is shown that the income tax required to be withheld has been paid to the Bureau in accordance with Secs. 57 and 58 of the Code.

No deduction will also be allowed notwithstanding payments of withholding tax at the time of the audit investigation or reinvestigation/reconsideration in cases where no withholding of tax was made in accordance with Secs. 57 and 58 of the Code."

Please refer http://www.bir.gov.ph/images/bir_files/old_files/pdf/73009RR%2012-2013.pdf of the full text of RR No. 12-2013.

Tax Implications Of General Professional Partnership (GPP)

Revenue Memorandum Circular (RMC) No. 3-2012 was issued by CIR of the bureau to clarify the Tax Implications of General Professional Partnership.

Under Sec 26 of the National Internal Revenue Code (NIRC) of 1997, as amended, a general professional partnership as such shall not be subject to income tax. However, persons engaging in business as partners in a general professional partnership shall be liable for income tax only in their separate and individual capacities, thus:

"SEC. 26. Tax Liability of Members of General Professional Partnerships. - A general professional partnership as such shall not be subject to the income tax imposed under this Chapter. Persons engaging in business as partners in a general professional partnership shall be liable for income tax only in their separate and individual capacities.

For purposes of computing the distributive share of the partners, the net income of the partnership shall be computed in the same manner as a corporation.

Each partner shall report as gross income his distributive share, actually or constructively received, in the net income of the partnership."

In relation thereto, Section 2.57.5 of Revenue Regulations No. 2-98, as amended, provides that:

"SECTION 2.57.5. Exemption from Withholding. - The withholding of creditable withholding tax prescribed in these Regulations shall not apply to income payments made to the following:

(A) . . . 

(B) Persons enjoying exemption from payment of income taxes pursuant to the provisions of any law, general or special, such as but not limited to the following:

(1) . . .

(4) General Professional Partnerships

XXX          XXX          XXX"

Tax implications_General Professional Partnership

Page 2 of 2

Clearly, a general professional partnership shall not be subject to income tax since it is the individual partners who shall be subject to income tax in their separate and individual capacities. A general professional partnership is defined in Section 22 (B) of the 1997 Tax Code, as amended, as follows:

"SEC. 22. Definitions. - When used in this Title:

(A) . . . 

(B) The term 'corporation' shall include partnerships, no matter how created or organized, joint-stock companies, joint accounts (cuentas en participation), associations, or insurance companies, but does not include general professional partnerships and a joint venture or consortium formed for the purpose of undertaking construction projects or engaging in petroleum, coal, geothermal and other energy operations pursuant to an operating or consortium agreement under a service contract with the Government. 'General professional partnerships' are partnerships formed by persons for the sole purpose of exercising their common profession, no part of the income of which is derived from engaging in any trade or business.

XXX          XXX          XXX"

Relative thereto, income payments made to a General Professional Partnership in consideration for its professional services are not subject to income tax and consequently to withholding tax prescribed in Revenue Regulations No. 2-98, as amended.

It is the individual partners who shall be subject to income tax, and consequently, to withholding tax, in their separate and individual capacities pursuant to Section 26 of the 1997 Tax Code, as amended. Furthermore, each partner shall report as gross income his distributive share, actually or constructively received, in the net income of the partnership.

However, it is worth mentioning that income payments made periodically or at the end of the axable year by a general professional partnership to the partners, such as drawings, advances, sharings, allowances, stipend and the like, are subject to the Fifteen percent (15%), if the payments to the partner for the current year exceeds P720,000.00; and Ten percent (10%) creditable withholding tax, if otherwise, pursuant to Section 2.57.2 (H) of Revenue Regulations No. 2-98, as amended by Revenue Regulations No. 30-03.

Please refer http://www.bir.gov.ph/images/bir_files/old_files/pdf/61821RMC%20No%203-2012.pdf of the full text of RMC No. 3-2012.