Group 1 Tax Notes
Group 1 Tax Notes
Group 1 Tax Notes
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2. Any person who, although exempt from the imposition of the taxes imposed under the Code, as
amended, is nevertheless required to withhold taxes on account of income payments made to taxable
individuals or entities;
3. Pursuant to Section 236(I) of the NIRC, as amended, any person required to make, render or file a return,
statement or other document whereby he is required to indicate his TIN in such return, statement or
document filed with the BIR for his proper identification for tax purposes and which he shall indicate in
certain documents;
4. Pursuant to EO 98, series of 1998, 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 their TIN in all
forms, permits, licenses, clearances, official papers and documents which they secure from these
government agencies, instrumentalities, including GOCCs and LGUs.
a. EXCEPT: Diplomatic missions and international organizations, as identified by the DFA, together
with their accredited foreign personnel, which, pursuant to Executive Order No. 31, are
exempted from the requirements of the TIN.
i. In the case of diplomatic missions and international organizations, as identified by the
DFA, together with their accredited foreign personnel, which, pursuant to Executive
Order No. 31, are exempted from the requirements of the TIN when they apply for any
government permit, license, clearance, official paper or document, it shall be sufficient
that their request for above-named documentation is accompanied by the
corresponding endorsement of the DFA, which shall include the official identity card
issued by the Office of Protocol of the Department, for the purpose of establishing the
bona fide status of such entities and individuals.
Securing of TIN through Other Facilities/Agencies
➔ Generally, application and issuance of TIN is made through the concerned BIR district office.
➔ However, the TIN may also be obtained either through the following:
◆ the e-REG facility in the BIR website;
◆ the SEC; or
◆ through other facilities/agencies as may be made available in the future.
Issuance of TIN Card
The TIN Card shall contain the following information:
1. Serial Number;
2. Registered Name of the applicant;
3. TIN;
4. Address;
5. Birth date or date of incorporation;
6. Date of issue;
7. Signature of the CIR;
8. Signature of the TIN owner or duly authorized representative (in case of juridical person);
9. A box shall be provided for picture (if individual).
Issuance of TIN Card for the first time shall be free of charge. It must be processed and released to the
applicant within the same day upon the submission to the BIR district office of the complete documentary
requirements after the cut-off period of 1 p.m.
The address to be indicated on the TIN card shall be as follows:
❏ For Employees/ ONETT/Applicant under EO 98, series of 1998 – the residential address of the applicant;
❏ For Individuals engaged in business/practice of profession -
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a. Head Office (TIN with branch code 0000) – residential address of the individual as found in the
Integrated Tax System (ITS)
b. Branch – business address of registered branch as found in the ITS
❏ For Non-Individuals
a. Head Office (TIN with branch code 0000) – business address as found in the ITS
b. Branch – business address of registered branch as found in the ITS
Registration of Business Taxpayers
➔ The submission of a Mayor’s Permit prior to registration is mandatory.
➔ If it is still in process with the concerned LGU, a duly stamped “Received” application for Mayor’s Permit
will temporarily suffice to qualify for registration, provided, that a duly approved permit shall be
submitted within thirty (30) calendar days from date of registration.
➔ Failure to submit the same shall subject the taxpayer to TCVD/Ocular Inspection to be conducted by
the BIR district office for purposes of verifying the existence of the taxpayer’s business.
➔ If upon validation it can be determined that the business is non-existent and fails to file regularly the tax
returns/declarations for his / her / its registered tax types, the BIR district office shall observe the
procedures on tagging of the taxpayer’s status as “Inactive”.
Inactive
➢ refers to the status of the business of any of the following:
○ A non-individual taxpayer that has notified the BIR district office of the temporary cessation of its
business operations;
○ A taxpayer that has stopped filing all its tax returns for the last two (2) years, which requires
issuance of a notice of investigation;
○ A newly registered taxpayer who fails to file the required tax returns/declarations due for the
applicable initial quarter;
○ A taxpayer that may be identified as such by the CIR in a separate revenue issuance.
Documentary Requirements for business taxpayers and those required to issue receipts:
1. Application for Authority to Print (ATP) Receipts / Invoices;
2. Registration of Manual Books of Accounts; or
3. Application for Permit to use Computerized Accounting System (CAS) or components thereof, if
applicable;
4. Application for Permit to use Loose Leaf Accounting Records, if applicable;
5. Application for Permit to Use CRM/POS Machines, and the like, if applicable;
6. Permit to Operate for taxpayers engaged in activities/transactions involving products subject to excise
taxes.
As a general rule, it shall be mandatory for the BIR district office to process and issue simultaneously the
COR, ATP and register the books of accounts of business taxpayers immediately after registration and upon
complete submission of the requirements within the period prescribed under the existing process provided by
the BIR Citizen’s Charter. The BIR district office must ensure that taxpayers will be issued their registration
certificates/permits (COR, ATP, Books of Accounts) upon commencement of their business.
Registration of Business, Employment, and Other Undertakings
Individuals engaged in business or practice of profession and juridical entities, unless otherwise exempted, shall:
1. Pay ARF, if applicable;
2. Secure a Certificate of Registration (COR);
3. Proceed to Secondary Registration;
4. Get “Ask for Receipt” notice, if applicable; and
5. Attend the taxpayer’s initial briefing to be conducted by the BIR district office for new registrants in order
to apprise them of their rights and duties/responsibilities. In lieu of the briefing, the BIR district office may
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distribute information materials on registration to its new applicants in CD format to be developed by
the Taxpayer Assistance Service (TAS).
Prescribed Periods to Complete Primary Registration
Self-employed individuals, On or before the commencement of business.
estates and trusts, corporations
and their branches, if any Section 3(5). “C ommencement of Business” – in the case of pursuit of
business or practice of profession, it shall be reckoned from the day when
the first sale transaction occurred or within thirty (30) calendar days from
the issuance of Mayor’s Permit/Professional Tax Receipt (PTR) by LGU, or
Certificate of Registration issued by the Securities and Exchange
Commission (SEC), whichever comes earlier.
A person shall be considered to have violated this provision when he/it
proceeded to this stage after the lapse of thirty (30) calendar days from
the issuance of Mayor’s Permit/PTR by the concerned LGU, or COR issued
by the SEC or the date of its first sales transaction prior to its registration.
Partnerships, Associations, Before or upon filing of any applicable tax return, statement or declaration
Cooperatives, Government as required by the Code, as amended.
Agencies and Instrumentalities
(GAIs)
Applications under EO 98, Subject to the provisions of Section 4(B)(iv) hereof, individuals required to
series of 1998 secure TIN for their transactions with government agencies shall apply for
their TIN from any BIR district office (thru the eREG system) at any time
before they complete their transaction with such government agency. TINs
issued under EO 98, series of 1998 shall be permanent and may be updated
for future transactions of such person with the BIR (e.g., subsequent
employment, establishing a business, etc.).
In any case, the CIR may, for administrative and meritorious reasons, deny
or revoke any application for registration.
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Certificate of Registration
1. Persons Entitled to the Issuance of COR. – The COR shall only be issued to individuals engaged in
business or practice of profession and to juridical persons (whether taxable or exempt) by the BIR district
office concerned upon compliance with the requirements for registration subject to the provisions of
Section 4(4) hereof.
2. Persons Not Covered by the Issuance of COR. – Employees, ONETT taxpayers, and/or persons who have
secured a TIN under EO 98, series of 1998 with the BIR shall not be issued a COR.
Issuance of COR to HO, Branch, and Facility
➔ Each HO, and / or branch shall be issued with a COR within the period/time prescribed under the
existing “BIR Citizens Charter”.
➔ Applications for registration shall be processed only upon submission of complete documentary
requirements.
➔ In the case of a “facility”, the same shall be issued a Certificate of Registration of Facility (BIR Form
2303-F). The policies on the issuance of the Form 2303-F shall be prescribed in a separate RMO.
◆ Section 3(8). “Facility” – may include but not limited to place of production, showroom,
warehouse, storage place, garage, bus terminal, or real property for lease with no sales activity.
A facility shall be registered as a branch whenever sales transactions/activities are conducted
thereat. Registration of the “Facility” with no sales activity is not subject to payment of Annual
Registration Fee (ARF).
Persons entitled to the issuance of COR shall post or exhibit his/its original COR and duly validated ARF
Return at his/its principal place of business and at each branch and/or facility in a way that is clearly and easily
visible to the public.
Annual Registration Fee
➔ An ARF in the amount of Five Hundred Pesos (P500.00) for every HO and/or branch shall be paid upon
registration and every year thereafter on or before January 31
➔ However, the following shall be exempt from the imposition of ARF:
1. Cooperatives duly registered with the CDA;
2. Individual residents earning purely compensation income;
3. OCWs/OFWs;
4. Marginal Income Earners;
5. GAIs, in the discharge of their governmental functions;
6. LGUs, in the discharge of their governmental functions;
7. Tax exempt corporations 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;
10. Persons registered under EO 98, series of 1998; and
11. Facility/ies where no sales transactions occur.
➔ The exemption from the payment of ARF by GAIs, LGUs, non-stock/non-profit organizations and other
tax-exempt entities is predicated on the fact that their undertakings/endeavors are not directed nor
intended to generate income/profit.
➔ The ARF shall be paid in cases where parts of the activities or undertakings conducted in a facility of the
business involve sales transactions regardless of the frequency of the occurrence thereof.
➔ When any individual who has paid the ARF dies, and the same business is continued by the person or
persons interested in his estate, those continuing the business should register as a separate entity
reflecting in said registration that it is pursuing the business enterprise as heirs of the estate of the
decedent.
➔ The ARF shall be paid in full amount.
➔ The ARF shall be paid to:
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◆ An Authorized Agent Bank (AAB) located within the BIR district office;
◆ To the Revenue Collection Officer (RCO) or duly authorized Treasurer of the City or Municipality
where each place of business or branch is registered; or
◆ Thru the BIR-accredited payment facilities such as Electronic Filing and Payment System (EFPS)
and G-Cash.
➔ Payment of ARF shall be made thru EFPS for taxpayers mandated to use EFPS such as Large Taxpayer,
Top 20,000 Corporation, Top 5000 Individuals, etc. for their respective HO and Branches.
VAT Registration
➢ Any person who, in the course of trade or business, sells, barters, exchanges goods or properties, or
engages in the sale of services subject to VAT imposed in Sections. 106 and 108 of the Code, as
amended, shall register the VAT tax type with the BIR district office having jurisdiction over the HO.
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Revenue Memorandum Circular 64-2012
Business Taxes on Services Performed by Persons Engaged in the Practice of a Profession or Calling
Professional
➢ Classified as self-employed
➢ Refers to an individual or a group practicing his or their profession or calling, with or without license,
under a regulatory board or body.
➢ Example:
○ Grace selling chicharon under the business name “Grace’s Crispy Chicharon”
○ The law firm of Ardines, Bellaflor, Caminero, Canete, Galinato (ABCCG)
Apart from applicable income taxes and withholding taxes, he or they are subject to Value-Added Tax (VAT) or
Percentage Tax.
PERCENTAGE TAX VALUE-ADDED TAX
Gross receipts/professional fees for the past 12 Gross receipts/professional fees for the past 12
months is equal to or below Php 1,919,500 months is more than Php 1,919,500
The professional is liable to percentage tax at three The professional is liable to VAT at twelve percent
percent (3%) (12%).
If the professional registers as a VAT-person, he shall A professional whose gross receipts/professional fees
be liable to VAT upon registration as VAT taxpayer is more than the threshold of Php 1,919,500 shall be
and not to percentage tax, irrespective of the liable to VAT, regardless of whether or not he registers
amount of gross receipts/professional fees. as a VAT person. In other words, he is mandatorily
covered by the VAT system.
If he fails to register, he shall be liable to pay twelve
(12%) output tax under Section 108 (Value-Added
Tax on Sale of Services and Use or Lease of
Properties) of the National Internal Revenue Code of
1997, as amended, as if he were a VAT-registered
person, BUT without the benefit of input tax credits for
the period in which he was not properly registered.
A person who is not required to register for VAT may He is liable to register as a VAT-taxpayer if there are
elect to be VAT-registered, but he shall not be reasonable grounds to believe that his gross
allowed to cancel such registration for the next three receipts/professional fees for the next 12 months will
(3) months counted from the quarter when the exceed Php 1,919,500.
election was made.
NOTE:
● For purposes of the threshold amount of Php 1,919,500, the husband and wife shall be considered
separate taxpayers. However, the aggregation rule for each taxpayer shall appy.
● Supposing a professional, aside from the practice of his profession, also derives revenue from other lines
of business which are otherwise subject to VAT, the same shall be combined for purposes of determining
whether the threshold has been exceeded.
The following are not required to register VAT as a tax type:
1. Persons subject to other percentage taxes under Title V of the Code, as amended;
2. Those whose transactions are VAT-exempt as enumerated under Section 109 of the Code, as amended;
3. Marginal income earners.
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Revenue Memorandum Circular 7-2014
Clarifying the Issues on the Registration and Compliance Requirements of Marginal Income Earners
(MIE) Pursuant to RR 7-2012
Marginal Income Earner
➢ An individual whose business do not realize gross sales or gross receipts exceeding Pho 100,000 in any
12-month period (Section 3, RR 7-2012)
➢ An individual not deriving compensation as an employee under an employer-employee relationship but
who is self-employed and deriving gross sales or receipts not exceeding Pho 100,000 in any 12-month
period
➢ Must perform activities principally for subsistence or livelihood.
➢ Includes, but are not limited to, the following:
○ Agricultural growers/producers (farmers/fishermen) selling directly to ultimate consumers
○ Small sari-sari stores or “Turo-turos”
○ Drivers/operators of a single unit tricycle
➢ Does not include the following:
○ Licenced professionals
○ Consultants
○ Artists
○ Sales agents
○ Brokers
○ Others similarly situated, including all others whose income have been subject to withholding tax
REGISTRATION AND COMPLIANCE REQUIREMENTS:
1. Registration with the Bureau using BIR Form 1901 with the following minimal documentary requirements:
a. Sworn Statement of Income for the year; and
b. NSO Certificate or Local Civil Registry Birth Certificate
2. Exemption from the payment of Annual Registration Fee (ARF);
3. Registration of Books of Accounts (e.g. two-column journal or other simplified books for daily expenses
and revenues);
4. Issuance of registered principal receipts/sales invoices as prescribed under RMO 12-2013;
5. Filing and payment of Annual Income Tax Return using BIR Form 1701 similar to any other self-employed
individuals; and
6. Exemption from payment of business taxes (i.e. VAT or any Percentage Tax).
The BIR District Office, upon evaluation of application for registration, shall issue the Certificate of
Registration and shall likewise ensure compliance with the registration of books of accounts, and issuance of
Authority to Print for their Principal Receipts/Sales Invoices.
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REQUIREMENTS FOR THE REGISTRATION OF EACH TYPE OF INTERNAL REVENUE TAX
Optional 1. Any person who is VAT-exempt under Section 109 (1) (V) of the Code, as amended,
Registration of the gross annual sales and/or receipts do not exceed the amount of P1,919,500.00
Value-Added not otherwise required to register for VAT may elect to be VAT-registered by
Tax for VAT- registering with the BIR district office that has jurisdiction over the HO of that person.
Exempt Persons 2. Any person who is VAT-registered but enters into transactions which are exempt
from VAT (mixed transactions) may opt that the VAT apply to his transactions which
would have been exempt under Section 109 (1) of the Code, as amended.
3. Franchise grantees of radio and/or television broadcasting whose annual gross
receipts of the preceding year do not exceed Ten Million Pesos (P10,000,000.00)
derived from the business covered by the law granting the franchise may opt for
VAT registration. This option, once exercised, shall be irrevocable.
NOTE:
Any person who elects to register under (1) and (2) above shall not be allowed to cancel
his VAT registration for the next three (3) years.
The above-stated taxpayers may apply for VAT registration not later than ten (10) days
before the beginning of the taxable quarter and shall pay the ARF prescribed under
Section 8 hereof, unless they have already paid at the beginning of the year.
Registration for The registration for the tax type of DST shall be made upon initial registration with the BIR by
Documentary taxpayers who are expected to be liable to pay DST on a periodic basis.
Stamp Tax (DST)
Insurance companies and banks are examples of industries whereby the payment of DST is
periodically expected in the ordinary course of their businesses, hence, in addition to
income tax, VAT and/or percentage tax, withholding tax (creditable and final), the tax
type of DST should likewise be registered.
Registration for The registration for the tax type of excise tax shall only be applicable to those taxpayers
Excise Tax liable to pay the excise tax on domestically produced / extracted articles under Title VI of
the Code, as amended.
Registration for The registration for the pertinent withholding tax types shall be made by all withholding
Withholding Tax agents, such as NGAs and its instrumentalities, GOCCs, LGUs including certain tax-exempt
entities. They shall likewise register the applicable tax types on their proprietary function.
With respect to business entities with branch/es, the rules on the registration of tax types as
provided hereunder shall be observed:
● Registration shall be with the HO only - Income Tax, VAT
● Registration with both Head Office and branches
○ ARF to be paid by the HO and by all branches as defined in Section 3 (7)
and (8) hereof.
Registration with the HO and/or branches
Except for identified Large Taxpayers under the LTS required to file consolidated tax returns
for VAT and Income Tax, a taxpayer has the option to register the following tax types either
only at the HO for consolidated filing and payment or at each of its branches where it
employs decentralized filing and payment:
1. Percentage tax
2. Withholding tax on compensation
3. Creditable withholding tax at source on certain income payments
4. Final withholding tax on certain income payments
5. Documentary stamp tax
6. Excise tax
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