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Accounting Treatment For Documentary Stamp Tax

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ACCOUNTING

TREATMENT FOR
DOCUMENTARY
STAMP TAX

SUBMITTED BY: BARDE, RENA LOU T.


APORTO, ANGELENE D.
ACCOUNTING TREATMENT FOR DOCUMENTARY STAMP TAX

Description
Documentary Stamp Tax is a tax on documents, instruments, loan agreements and
papers evidencing the acceptance, assignment, sale or transfer of an obligation, right
or property incident thereto.

Tax Forms
BIR Form 2000 (Documentary Stamp Tax Declaration Return);
BIR Form 2000-OT Documentary Stamp Tax Declaration Return (One- Time
Transactions)

Documentary Requirements
Mandatory
1. Photocopy of the document to which the documentary stamp shall be affixed
2. Proof of exemption under special laws, if applicable;
3. Proof of payment of documentary stamp tax paid upon the original issue of the
stock, if applicable.
Tax Rates

Tax Document Taxable Tax Due Per % of Unit Taxable Base


Code Unit Unit
Secti
on

174 Original P200.00 or 2.00 1% Par value of shares of


Issue of fraction stocks
Shares of thereof
Stock with
par value
2.00 1%
Original Actual consideration
Issue of P200.00 or for the issuance of
Shares of fraction shares of stocks
Stock thereof
without 2.00 1%
par value
Stock Actual value
Dividend P200.00 or represented by each
fraction share
thereof

175 Sales, P200.00 or 1.50 0.75% Par value of such


Agreement fraction stock
s to Sell, thereof
Memorand
a of Sales,
Deliveries
or Transfe
r of Shares
or  
Certificate
s of Stock

Stock
DST paid upon the
without 50%
original issuance of
par value
said stock.

176 Bonds, P200.00 or .75 .375% Par value of such


Debenture fraction bonds, debentures,
s, thereof Certificate of Stock or
Certificate Indebtedness
of Stock or
Indebtedn
ess issued
in foreign
Countries

177 Certificate P200.00 or 1.00 .5% Face value of such


of Profits fraction certificates /
or Interest thereof memorandum
in
Property
or
Accumulat
ion

178 Bank On each 3.00


Checks, Document
Drafts,
Certificate
of Deposit
not
bearing
interest  
and other
Instrumen
ts

179 All Debt P200.00 or 1.50 .75% Issue price of any


Instrumen fraction such debt
ts thereof instruments or a
fraction of 365 days
for instrument with
term of less than 1
year

180 All Bills of P200.00 or .60 .3% Face value of any


Exchange fraction such bill of exchange
or Drafts thereof or draft

181 Acceptanc P200.00 or .60 .3% Face value of such


e of Bills fraction bill of exchange or
of thereof order or the
Exchange Philippine equivalent
or   order of such value, if
for the expressed in foreign
payment currency
of money
purporting
to be
drawn in a
foreign
country
but
payable in
the
Philippine
s

182 Foreign P200.00 or .60 .3% Face value of such


Bills of fraction bill of exchange or
Exchange thereof letter of credit or the
and Philippine equivalent
Letters of of such value, if
Credit expressed in foreign  
currency

183 Life If the exempt Amount of Insurance


Insurance amount of
Policies insurance
does not
exceed
P100,000.0
0 20.00 Amount of Insurance

If the
amount of
insurance
exceeds
50.00 Amount of Insurance
P100,000.0
0 but does
not exceed
P300,000.0
0
100.00 Amount of Insurance
If the
amount of
insurance
exceeds
P300,000.0
0 but does
not exceed 150.00 Amount of Insurance
P500,000.0
0

If the
amount of
200.00 Amount of Insurance
insurance
exceeds
P500,000.0
0 but does
not exceed
P750,000.0
0

If the
amount of
insurance
exceeds
P750,000.0
0 but does
not exceed
P1,000,000.
00

If the
amount of
insurance
exceeds
P1,000,000.
00

184 Policies Of P4.00 .50 12.5% Premium charged


Insurance premium or
upon fraction
Property thereof

185 Fidelity P4.00 .50 12.5% Premium charged


Bonds and premium or
other fraction
Insurance thereof
Policies

186 Policies of P200.00 or 1.00 .5% Premium or


Annuities fraction installment payment
or other thereof or contract price
instrumen collected
ts

.40 .20%
Premium or
P200.00 or
contribution  
fraction
collected
Pre-Need thereof
Plans

187 Indemnity P4.00 or .30 7.5% Premium charged


Bonds fraction
thereof

188 Certificate Each 30.00


s of Certificate
Damage or
otherwise
and
Certificate
or
document
issued by
any
customs
officers,
marine
surveyor,
notary
public and
certificate
required
by law or
by rules
and
regulation
s of a
public
office

189 Warehous Each 30.00


e Receipts Receipt
(except if
value does
not exceed
P200.00)

190 Jai-alai, P1.00 and .20 20% Cost of the ticket


Horse below cost
Race of ticket
Tickets,
lotto or
Other Cost of the ticket
Authorized
Number   Additional
Games P0.20 on
every P1.00
or fraction
thereof if
cost of  
ticket
exceeds
P1.00

191 Bills of If the value 2.00 Value of such goods


Lading or of such
Receipts(e goods
xcept exceeds
charter P100.00
party) and does
not exceed 20.00 Value of such goods
P1,000.00
If the value
exceeds
Exempt
P1,000.00

Freight
tickets
covering
goods,
merchandis
e or effects
carried as
accompanie
d baggage of
passengers
on land and
water
carriers
primarily
engaged in
the
transportati
on of
passengers

192 Proxies Each proxy 30.00


(except
proxies
issued
affecting
the affairs
of
associatio
ns or  
corporatio
ns,
organized
for
religious,
charitable
or literary
purposes)
193 Powers of Each 10.00
Attorney Document
(except
acts
connected
with the
collection
of claims
due from
or
accruing
to the
Governme
nt of the  
Republic
of the
Philippine
s, or the
governmen
t of any
province,
city or
Municipali
ty)

194 Leases First 2,000 6.00 .3%


and other or fractional
Hiring part thereof
agreement
s or
memorand
um or 2.00 .2%
contract
for hire, For every
use or rent P1,000 or
of any fractional
lands or part thereof
tenements in excess of
or portions the   first
thereof P2,000 for
each year of
the term of
the said
contract or  
agreement
195 Mortgage First 5,000 40.00 .8% Amount Secured
or Pledge
of lands,
estate, or
property
and Deeds On each 20.00 .4% Amount Secured
of Trust P5,000 or
fractional
part thereof
in excess of
5,000

196 Deed of First 1,000 15.00 1.5% Consideration or Fair


Sale, Market Value,
Conveyanc whichever is higher
es, (if   government is a
Donations party, basis shall be
of Real   the consideration)
Property
(except
grants,
patents or
For each 15.00 1.5% Consideration or Fair
original
additional Market Value,
certificate
P1,000 or whichever is higher
of
fractional (if   government is a
adjudicati
part thereof party, basis shall be
on issued
in excess   the consideration)
by the
of P1,000
governmen
t)

197 Charter Charter


parties parties and
and similar
Similar instruments
Instrumen if gross
ts tonnage of
the ship, 1st 6 Registered gross
vessel or months tonnage
steamer is: P1,000.00
In excess + P
100.00
1,000 tons
and below
1st 6 Registered gross
months tonnage
P2,000.00
In excess +
P200.00
1,001 to
10,000 tons

1st 6
months
P3,000 Registered gross
In excess + tonnage
300

Over 10,000
tons

198 Stamp Tax At the same


on rate as that
Assignmen imposed on
ts and the original
Renewals instrument.
or
Continuan
ce of
Certain  
Instrumen
ts

Procedures
 BIR FORM 2000 - (DOCUMENTARY STAMP TAX DECLARATION RETURN)
Who Shall File
The return shall be filed in triplicate by the following:
1. In the case of constructive affixture of documentary stamps, by the person making,
signing, issuing, accepting, or transferring documents, instruments, loan agreements
and papers, acceptances, assignments, sales and conveyances of the obligation, right
or property incident thereto wherever the document is made, signed, issued, accepted
or transferred when the obligation or right arises from Philippine sources or the
property is situated in the Philippines at the same time such act is done or transaction
had;
2. In the case of Electronic Documentary Stamp Tax (eDST) System user, by the
taxpayers belonging to the industries mandated to use the web-based eDST System in
the payment/remittance of DST liabilities and the affixture of the prescribed
documentary stamp on taxable documents and taxpayers who, at their option, choose
to pay the DST liabilities thru the eDST System pursuant to Revenue Regulations (RR)
No. 7-2009; and
3. By a revenue collection agent for remittance of sold loose documentary stamps.
Whenever one party to the taxable document enjoys exemption from the tax herein
imposed, the other party thereto who is not exempt shall be the one directly liable for
the tax.
When and Where to File
The return shall be filed within five (5) days after the close of the month when the
taxable document was made, signed, issued, accepted or transferred or upon
remittance by revenue collection agents of collection from the sale of loose
documentary stamps.
The return shall be filed with the Authorized Agent Bank (AAB) within the territorial
jurisdiction of the Revenue District Office where the residence or place of business of
the taxpayer is located or where the collection agent is assigned. In places where there
are no AABs, the return shall be filed directly with the Revenue Collection Officer
(RCO) within the Revenue District Office which has jurisdiction over the residence or
place of business of the taxpayer or where the collection agent is assigned.
When and Where to Pay
Upon filing of this return, the total amount payable shall be paid to the AAB where the
return is filed within five (5) days after the close of the month when the taxable
document was made. In places where there are no AABs, the tax shall be paid with the
Revenue Collection Officer who shall issue an Electronic Revenue Official Receipt
(eROR) therefor.
When the return is filed with an AAB, taxpayer must accomplish and submit BIR-
prescribed deposit slip, which the bank teller shall machine validate as evidence that
payment was received by the AAB. The AAB receiving the tax return shall stamp mark
the word “Received” on the return and also machine validate the return as proof of
filing the return and payment of the tax by the taxpayer, respectively. The machine
validation shall reflect the date of payment, amount paid and transactions code, the
name of the bank, branch code, teller’s code and teller’s initial. Bank debit memo
number and date should be indicated in the return for taxpayers paying under the
bank debit system.
For eDST System User
Prior to the enrollment in the eDST System, taxpayers availing thereof, whether on the
mandatory or optional basis, shall be duly enrolled under the BIR Electronic Filing
and Payment System (eFPS). In paying the DST liabilities, BIR Form No. 2000 shall be
filed and the amount due thereon shall be paid thru the eFPS for taxpayers and
PhilPass Facility of the Bangko Sentral ng Pilipinas for banks (AABs and non-AABs).
For eFPS Taxpayer
The deadline for electronically filing and paying the taxes due thereon shall be in
accordance with the provisions of existing applicable revenue issuances.
 BIR FORM 2000-OT DOCUMENTARY STAMP TAX DECLARATION RETURN
(ONE-TIME TRANSACTIONS)
Who Shall File
The return shall be filed in triplicate by the person making, signing, issuing, accepting
or transferring the document or facility evidencing transaction pertaining to the
following:
1. Sales, or agreements to sell, or memoranda of sale, or deliveries, or transfer of
shares or certificates of stock in any association, company, or corporation, or transfer
of such securities by assignment in blank, or by delivery, or by any paper or
agreement, or memorandum or other evidences of transfer or sale whether entitling
the holder in any manner to the benefit of such stock, or to secure the future payment
of money, or for the future transfer of any stock, there shall be collected a
documentary stamp tax of One peso and fifty centavos (P1.50) on each Two hundred
pesos (P200) or fractional part thereof, of the par value of such due-bill, certificate of
obligation or stock; Provided, That only one tax shall be collected on each sale or
transfer of stock from one person to another, regardless of whether or not a certificate
of stock is issued, indorsed, or delivered in pursuance of such sale or transfer: and
Provided, further, That in the case of stock without par value the amount of
documentary stamp tax herein prescribed shall be equivalent to fifty percent (50%) of
the documentary stamp tax paid upon the original issue of said stock.
2. Conveyances, donations, deeds, instruments, or writings, other than grants,
patents or original certificates of adjudication issued by the Government, whereby any
land, tenement, or other realty sold shall be granted, assigned, transferred, donated or
otherwise conveyed to the purchaser, or purchasers, or to any other person or persons
designated by such purchaser or purchasers or donee, there shall be collected a
documentary stamp tax, at the rates herein below prescribed, based on the
consideration contracted to be paid for such realty or on its fair market value
determined in accordance with Section 6(E) of this Code, whichever is higher:
Provided, That when one of the contracting parties is the Government, the tax herein
imposed shall be based on the actual consideration.
Whenever one party to the taxable document enjoys exemption from the tax
herein imposed, the other party thereto who is not exempt shall be the one
directly liable for the tax.
When and Where to File and Pay
The return shall be filed and the tax paid within five (5) days after the close of the
month when the taxable document was made, signed, issued, accepted or transferred.
The return shall be filed with and the tax paid to the Authorized Agent Bank (AAB)
within the territorial jurisdiction of Revenue District Office (RDO) where the
seller/transferor/donor is required to be registered or where the property is located in
case of sale of real property.
When the return is filed with an AAB, taxpayer must accomplish and submit BIR-
prescribed deposit slip, which the bank teller shall machine validate as evidence that
payment was received by the AAB. The AAB receiving the tax return shall stamp mark
the word “Received” on the return and also machine validate the return as proof of
filing the return and payment of the tax by the taxpayer, respectively.
The machine validation shall reflect the date of payment, amount paid and
transactions code, the name of the bank, branch code, teller’s code and teller’s initial.
Bank debit memo number and date should be indicated in the return for taxpayers
paying under the bank debit system.
Payments may also be made thru the epayment channels of AABs or online facility,
credit/debit/prepaid cards, and mobile payments.
Payments amounting to twenty thousand pesos (P 20,000.00) and below shall be paid
in cash while payments above twenty thousand pesos (P 20,000.00) shall be made
through Manager’s Check or Cashier’s Check to the Revenue Collection Officer of the
RDO concerned.
 

Related Revenue Issuances


Revenue Regulations (RR) Nos. 9-2000, 6-2001, 13-2004, 7-2009, 6-2014, 4-2018
Revenue Memorandum Order (RMO) Nos. 8-1998, 15-2001, 13-2008, 14-2008
Revenue Memorandum Circular (RMC) Nos. 1-2010, 24-2010, 51-2010, 24-2011, 46-
2014, 3-2018
OPM-AS-APMD 2017-06-06
OPM-AS-APMD 2017-06-01

Codal Reference
Secs. 51 to 70 of Republic Act No. 10963 of the Tax Reform for Acceleration and
Inclusion (TRAIN) Law
Sec. 173 to Sec. 201 of the National Internal Revenue Code (NIRC)

Frequently Asked Questions


1) What are the documents/ papers not subject to Documentary Stamp Tax?
Under Section 9 of Revenue Regulations No. 13-2004, the following documents and
papers are not subject to DST:
 Policies of insurance or annuities made or granted by a fraternal or beneficiary
society, order, association or cooperative company, operated on the lodge
system or local cooperation plan and organized and conducted solely by the
members thereof for the exclusive benefit of each member and not for profit
 Certificates of oaths administered by any government official in his official
capacity or acknowledgement by any government official in performance of his
official duty
 Written appearance in any court by any government official in his official
capacity
 Certificates of the administration of oaths to any person as to the authenticity
of any paper required to be filed in court by any person or party thereto,
whether the proceedings be civil or criminal
 Papers and documents filed in court by or for the national, provincial, city or
municipal governments
 Affidavits of poor persons for the purpose of proving poverty
 Statements and other compulsory information required of persons or
corporations by the rules and regulations of the national, provincial, city or
municipal government exclusively for statistical purposes and which are wholly
for the use of the Bureau or office in which they are filed, and not at the
instance or for the use or benefit of the person filing them
 Certified copies and other certificates placed upon documents, instruments and
papers for the national, provincial, city or municipal governments made at the
instance and for the sole use of some other branch of the national, provincial,
city or municipal governments
 Certificates of the assessed value of lands, not exceeding P200 in value
assessed, furnished by the provincial, city or municipal Treasurer to applicants
for registration of title to land
 Borrowing and lending of securities executed under the Securities Borrowing
and Lending Program of a registered exchange, or in accordance with
regulations prescribed by the appropriate regulatory authority: Provided,
however, That any borrowing or lending of securities agreement as
contemplated hereof shall be duly covered by a master securities borrowing and
lending agreement acceptable to the appropriate regulatory authority, and
which agreement is duly registered and approved by the Bureau of Internal
Revenue (BIR)
 Loan agreements or promissory notes, the aggregate of which does not exceed
Two hundred fifty thousand pesos (P250,000), or any such amount as may be
determined by the Secretary of Finance, executed by an individual for his
purchase on installment for his personal use or that of his family and not for
business or resale, barter or hire of a house, lot, motor vehicle, appliance or
furniture: Provided, however, That the amount to be set by the Secretary of
Finance shall be in accordance with a relevant price index but not to exceed ten
percent (10%) of the current amount and shall remain in force at least for three
(3) years
 Sale, barter or exchange of shares of stock listed and traded through the local
stock exchange (R.A 9648)
 Assignment or transfer of any mortgage, lease or policy of insurance, or the
renewal or continuance of any agreement, contract, charter, or any evidence of
obligation or indebtedness, if there is no change in the maturity date or
remaining period of coverage from that of the original instrument.
 Fixed income and other securities traded in the secondary market or through
an exchange.
 Derivatives: Provided, that for purposes of this exemption, repurchase
agreements and reverse repurchase agreements shall be treated similarly as
derivatives
 Inter-branch or interdepartmental advances within the same legal entity
 All forbearances arising from sales or service contracts including credit card
and trade receivables: Provided, That the exemption be limited to those
executed by the seller or service provider itself.
 Bank deposit accounts without a fixed term or maturity
 All contracts, deeds, documents and transactions related to the conduct of
business of the Bangko Sentral ng Pilipinas
 Transfer of property pursuant to Section 40(C)(2) of the National Internal
Revenue Code of 1997, as amended
 Inter-bank call loans with maturity of not more than seven (7) days to cover
deficiency in reserves against deposit liabilities, including those between or
among banks and quasi-banks
Further, Section 20 of RR No. 4-2018 exempts from DST the following donations or
gifts that are exempt from donor’s tax:
a. Gifts Made by a Resident:
 Gifts made to or for the use of the National Government or any entity created by
any of its agencies which is not conducted for profit, or to any political
subdivision of the said Government; and
 Gifts in favor of an educational and/or charitable, religious, cultural or social
welfare corporation, institution, accredited nongovernment organization, trust
or philanthropic organization or research institution or organization: Provided,
however, that not more than thirty percent (30%) of said gifts shall be used by
such donee for administration purposes. For the purpose of this exemption, a
'non-profit educational and/or charitable corporation, institution, accredited
nongovernment organization, trust or philanthropic organization and/or
research institution or organization' is a school, college or university and/or
charitable corporation, accredited nongovernment organization, trust or
philanthropic organization and/or research institution or organization,
incorporated as a non-stock entity, paying no dividends, governed by trustees
who receive no compensation, and devoting all its income, whether students'
fees or gifts, donation, subsidies or other forms of philanthropy, to the
accomplishment and promotion of the purposes enumerated in its Articles of
Incorporation.
b. Gifts Made by a Non-resident not a Citizen of the Philippines:
 Gifts made to or for the use of the National Government or any entity created by
any of its agencies which is not conducted for profit, or to any political
subdivision of the said Government; and

 Gifts in favor of an educational and/or charitable, religious, cultural or social


welfare corporation, institution, accredited nongovernment organization, trust
or philanthropic organization or research institution or organization: Provided,
however, that not more than thirty percent (30%) of said gifts shall be used by
such donee for administration purposes.
2) Where is the Documentary Stamp Tax Declaration Return filed?
In the Authorized Agent Bank (AAB) within the territorial jurisdiction of the RDO
which has jurisdiction over the residence or principal place of business of the taxpayer
or where the property is located in case of sale of real property or where the Collection
Agent is assigned. In places where there is no Authorized Agent Bank, the return will
be filed with the Revenue Collection Officer or duly authorized City or Municipal
Treasurer where the taxpayer's residence or principal place of business is located or
where the property is located in case of sale of real property or where the Collection
Agent is assigned.
3) What are the documents/papers not subject to Documentary Stamp Tax?  
 Policies of insurance or annuities made or granted by a fraternal or beneficiary
society, order, association or cooperative company, operated on the lodge
system or local cooperation plan and organized and conducted solely by the
members thereof for the exclusive benefit of each member and not for profit
 Certificates of oaths administered by any government official in his official
capacity or acknowledgement by any government official in performance of his
official duty
 Written appearance in any court by any government official in his official
capacity
 Certificates of the administration of oaths to any person as to the authenticity
of any paper required to be filed in court by any person or party thereto,
whether the proceedings be civil or criminal
 Papers and documents filed in court by or for the national, provincial, city or
municipal governments
 Affidavits of poor persons for the purpose of proving poverty
 Statements and other compulsory information required of persons or
corporations by the rules and regulations of the national, provincial, city or
municipal government exclusively for statistical purposes and which are wholly
for the use of the Bureau or office in which they are filed, and not at the
instance or for the use or benefit of the person filing them
 Certified copies and other certificates placed upon documents, instruments and
papers for the national, provincial, city or municipal governments made at the
instance and for the sole use of some other branch of the national, provincial,
city or municipal governments
 Certificates of the assessed value of lands, not exceeding P200 in value
assessed, furnished by the provincial, city or municipal Treasurer to applicants
for registration of title to land
 Borrowing and lending of securities executed under the Securities Borrowing
and Lending Program of a registered exchange, or in accordance with
regulations prescribed by the appropriate regulatory authority: Provided,
however, That any borrowing or lending of securities agreement as
contemplated hereof shall be duly covered by a master securities borrowing and
lending agreement acceptable to the appropriate regulatory authority, and
which agreement is duly registered and approved by the Bureau of Internal
Revenue (BIR)
 Loan agreements or promissory notes, the aggregate of which does not exceed
Two hundred fifty thousand pesos (P250,000), or any such amount as may be
determined by the Secretary of Finance, executed by an individual for his
purchase on installment for his personal use or that of his family and not for
business or resale, barter or hire of a house, lot, motor vehicle, appliance or
furniture: Provided, however, That the amount to be set by the Secretary of
Finance shall be in accordance with a relevant price index but not to exceed ten
percent (10%) of the current amount and shall remain in force at least for three
(3) years
 Sale, barter or exchange of shares of stock listed and traded through the local
stock exchange (R.A 9648)
 Assignment or transfer of any mortgage, lease or policy of insurance, or the
renewal or continuance of any agreement, contract, charter, or any evidence of
obligation or indebtedness, if there is no change in the maturity date or
remaining period of coverage from that of the original instrument.
 Fixed income and other securities traded in the secondary market or through
an exchange.
 Derivatives: Provided, That for purposes of this exemption, repurchase
agreements and reverse repurchase agreements shall be treated similarly as
derivatives
 Interbranch or interdepartmental advances within the same legal entity
 All forebearances arising from sales or service contracts including credit card
and trade receivables: Provided, That the exemption be limited to those
executed by the seller or service provider itself.
 Bank deposit accounts without a fixed term or maturity
 All contracts, deeds, documents and transactions related to the conduct of
business of the Bangko Sentral ng Pilipinas
 Transfer of property pursuant to Section 40(C)(2) of the National Internal
Revenue Code of 1997, as amended
 Interbank call loans with maturity of not more than seven (7) days to cover
deficiency in reserves against deposit liabilities, including those between or
among banks and quasi-banks   (sec. 9, RR No. 13-2004)
4) What are the implications of failure to stamp taxable documents?
An instrument, document, or paper which is required by law to be stamped and which
has been signed, issued, accepted or transferred without being duly stamped, shall
not be recorded, nor shall it or any copy thereof or any record of transfer of the same
be admitted or used in evidence in any court until the requisite stamp or stamps shall
have been affixed thereto and cancelled.
No notary public or other officer authorized to administer oaths shall add his jurat or
acknowledgment to any document subject to documentary stamp tax unless the
proper documentary stamps are affixed thereto and cancelled.
5) What is Electronic Documentary Stamp Tax (eDST) System?
The eDST is a web-based application created for taxpayers and the BIR that is capable
of affixing a secured documentary stamp on the taxable documents as defined under
the appropriate provisions under Title VII of the National Internal Revenue Code of
1997, as amended, thru the use of a computer unit, any laser printer with at least
1200 dpi resolution, and Internet Explorer 7.0 It is also capable of providing a 3-layer
watermark on stamps for added security. (Sec. 5 (1), RR No. 7-2009)
6) Is DST Law applicable on Electronic Documents?
The DST rates as imposed under the Code, as amended by R.A. 9243 and further
amended by R.A. 10963 shall be applicable on all documents not otherwise expressly
exempted by the said law, notwithstanding the fact that they are in electronic form. As
provided for by R.A. 8792, otherwise known as the Electronic Commerce Act,
electronic documents are the functional equivalent of a written document under
existing laws, and the issuance thereof is therefore tantamount to the issuance of a
written document, and therefore subject to DST. (Sec. 10, RR No. 13-2004 as amended
by RR No. 4-2018)
7) What are the inclusions of a debt instrument? 
“Debt Instrument” shall mean instruments representing borrowing and lending
transaction including but not limited to:
 debentures
 certificates of indebtedness
 due bills
 bonds
 loan agreements, including those signed abroad wherein the object of the
contract is located or used in the Philippines
 instruments and securities issued by the government or any of its
instrumentalities
 deposit substitute debt instruments
 certificates or other evidences of deposits that are drawing instrument
significantly higher than the regular savings deposit taking into consideration
the size of the deposit and the risks involved
 certificates or other evidences of deposits that are drawing interest and having a
specific maturity date
 promissory notes, whether negotiable or non-negotiable, except bank notes
issued for circulation (Sec. 5, RR No. 13-2004)
8) Is any document, transaction or arrangement entered into under Financial Lease
subject to Documentary Stamp Tax?
Financial lease is akin to a debt rather than a lease. A nature of an obligation than a
lease of personal property. The mere act of extending credit is already a means of
facilitating an obligation or advancing in behalf of the lessee certain property in lieu of
cash in exchange for a definitive amortization to be paid to the lessor with profit
margin included. Section 179 of the NIRC, as amended, covers all debt instruments.
Therefore, being a nature of an obligation, any document, transaction or arrangement
entered into under financial lease is subject to DST under such Section of the NIRC,
as amended. (RMC No. 46-2014)

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