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CREATE LAW - Short Intro

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CREATE LAW

The CREATE Law, so far, is the largest fiscal stimulus granted by the Philippine
government to corporations. It was passed into law, to respond to the COVID 19
pandemic and it intends to alleviate the burden that the latter has caused to
corporations operating in the country, particularly, Micro, Small, and Medium
enterprises or MSMEs.

a. Corporate income tax (CIT) rate is now 25 percent of a corporation’s net


income. This provision is retroactive from July 1, 2020. Further, a reduction of
1% every year starting 2023 until 2027 was approved to bring the CIT down to
20%.

For corporations with a net taxable income not exceeding P5 million and with
total assets not exceeding P100 million, the CIT rate is 20%. It must be noted,
however, that in computing the total assets, the value of the land where the
office, plant, and equipment are situated during the taxable year is to be excluded.

Foreign corporations, will be subjected to an income tax equivalent to 25 percent


of the taxable income derived in the preceding taxable year from all their sources
within the Philippines;

b. Reduction of CIT for proprietary, non-profit educational institutions and


hospitals to 1% from July 1, 2020 until June 30, 2023;
c. The Minimum Corporate Income Tax (MCIT) of 2 percent of the gross income
as of the end of the taxable year imposed on the entitled taxable corporation
beginning on the fourth taxable year immediately following the year in which such
corporation commenced its business operations has been decreased to 1% from
July 1, 2020 until June 30, 2023 for both domestic and resident foreign
corporations;
d. Reduction of percentage tax for non-VAT taxpayers from 3% tax rate to 1%
tax rate, effective from July 1, 2020 to June 30, 2023;
e. Tax exemption of foreign-sourced dividends of domestic corporations subject
to certain conditions;
f. Repeal of 10% special income tax rate on regional operating headquarters
(ROHQ) starting January 1, 2022; and
g. Repeal of improperly accumulated earnings tax (IAET);

The following are the changes made in CREATE Law from TRAIN Law:
Changes enacted in the TRAIN LAW CREATE LAW
CREATE Law

a. Corporate tax cuts

a.1. Domestic MSME 30% CIT 20% CIT


corporations with a taxable
income of P5M and below,
and with total assets of not
more than P100M

a.2. Domestic corporations 30% CIT 25% CIT


which earn a taxable
income above P5M

a.3. Foreign corporations 30% CIT 25% CIT


subject to the regular rate

a.4. Percentage tax (PT) 3% PT 1%PT


for non-VAT taxpayers
(applicable from July 1,
2020 to June 30, 2023)

a.5. Minimum corporate 2% MCIT 1% MCIT


income tax (applicable
from July 1, 2020 to June
30, 2023)

a.6. Non-profit and 10% CIT 1% CIT


proprietary educational
institutions and hospitals
(applicable from July 1,
2020 to June 30, 2023)

b. Foreign-sourced 30% Exempt, subject to;


dividends received by
a. reinvestment of
domestic corporations earnings in the
are now tax-exempt Philippines;
b. a 20% or more
ownership; and
c. a 2 years or more
holding period.

c. Repeal of improperly 10% Repealed


accumulated earnings
tax (IAET)

d. Repeal of 10% special 10% Regular CIT effective


income tax for regional January 1, 2022
operating headquarters

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