Category: BIR Updates

Over the past two decades, the Philippines has made significant strides in liberalizing its regulations and policies to attract Foreign Direct Investment (FDI). Recognizing FDI as a vital driver of employment, export growth, and technology transfer, the Philippine government has rolled out various investment incentives to appeal to international investors. This guide offers a detailed overview of the corporate income tax system in the Philippines, covering tax rates, the basis for taxation, and the incentives available.

Tax Rates

Philippine corporations are taxed on their worldwide income, whereas non-resident corporations are only taxed on income generated within the country. Branch offices of foreign corporations are subject to the same taxation rules as domestic subsidiaries.

Summary of Tax Rates:

• Corporate Income Tax: 20% – 25%
• Branch Office Tax: 25% (plus an additional 15% tax on remitted after-tax profits)
• Capital Gains Tax: Generally aligned with the corporate income tax rate

Taxable Income

Corporate income tax applies to a corporation’s profits, primarily business and trade income. Corporations can deduct standard business expenses when computing taxable income. Alternatively, they can opt for an Optional Standard Deduction (OSD) of up to 40% of gross income, which is irrevocable once chosen for the taxable year.

Taxation of Capital Gains

Capital gains are typically taxed as ordinary income, but profits from selling shares in domestic corporations not traded on stock exchanges incur a 15% capital gains tax. Gains from stock exchange-listed shares are taxed at 0.6% of the gross selling price, while sales of non-business real estate face a 6% final withholding tax based on the higher fair market value or sales price.

Dividend Taxation

Dividends received by foreign and domestic corporations from domestic corporations are exempt from taxation, provided they meet certain conditions, including being reinvested in business operations within a specified timeframe.

Losses and Rulings

Losses can be carried forward for three years unless there is a significant change in ownership. The carryback of losses is not permitted. Taxpayers can request tax rulings from authorities to clarify the tax implications of specific transactions.

Year of Assessment and Filing Requirements

Corporations must adhere to a 12-month fiscal year, though it does not have to align with the calendar year. Corporate income tax returns must be filed by the 15th day of the fourth month following the end of the taxable year.

Penalties for Late Filing

Late payments incur a 25% surcharge on the amount due and 12% annual interest on the unpaid tax until settled. Additionally, a compromise penalty may apply, excluding surcharges and interest.

Investment Incentives

The Philippine government offers various incentives to encourage investment, primarily through the Board of Investments (BOI) and the Philippine Economic Zone Authority (PEZA).

BOI Incentives

Eligible businesses may receive:

• Income Tax Holidays (ITH): Six years for pioneer enterprises and four years for non-pioneer firms, with extended periods for businesses in less developed areas.
• Additional deductions for labor expenses and infrastructure investments.

PEZA Incentives

PEZA facilitates businesses in Special Economic Zones with incentives, including exemption from local and national taxes, except a 5% final tax on gross income and duty-free importation of capital equipment and raw materials.

Deductible Business Expenses

Valid business expenses can be deducted from gross income, thus reducing taxable income. These include, but are not limited to, bad debts, depletion and depreciation, ordinary business expenses, and research and development costs.

Double Tax Treaties

The Philippines has tax treaties with several countries, providing relief on income generated by foreign and residents from sources within their territories. Navigating the corporate income tax landscape in the Philippines can be complex, but understanding the regulations and available incentives is crucial for compliance and maximizing benefits. Companies are encouraged to seek guidance from tax experts to ensure accurate and timely filings. With the proper support, businesses can effectively navigate the corporate income tax system and leverage the opportunities in the Philippine market.

Tax is an essential way for a country to raise revenue, and in the Philippines, one of the main methods used to collect taxes is the withholding tax system. A key part of this system is Section 2.57.2 of Revenue Regulation No. 11-2018, which explains which types of income are subject to withholding tax and the rates that apply to them. Both taxpayers and tax experts must understand this rule to handle taxes properly and avoid any issues.

What is Creditable Withholding Tax?

This tax is a system where the payer of income (employer, corporation, or other entities) withholds a percentage of the income due to the payee (such as an employee or a contractor). The amount withheld is then remitted to the Bureau of Internal Revenue (BIR).

The term “creditable” refers to the amount of tax withheld that can be credited against the taxpayer’s total tax liability for the year. Essentially, the tax withheld is a prepayment of the taxpayer’s income tax, which is later deducted from their final tax due when they file their income tax return.

A Guide to the Fundamental Aspects of Section 2.57.2

Section 2.57.2 deals explicitly with the types of income payments subject to creditable withholding tax (CWT), the rates at which these taxes are withheld, and the procedure for remitting the tax to the BIR.

Here are the essential points covered in this section:

1. Income Payments Covered by Section 2.57.2
   Section 2.57.2 applies to certain types of income, including:
   • Income payments to professionals, contractors, and service providers include fees for services rendered by self-employed individuals, freelancers, and independent contractors. It can apply to individuals in various professions like consultants, doctors, lawyers, and accountants.
   • Payments to businesses for particular services or contracts: If a corporation or business receives income in exchange for providing services, this too may be subject to withholding tax.
   • Income payments to certain types of employees: While employees typically have taxes withheld based on a separate payroll tax system, there are instances where income payments outside of regular salaries (such as bonuses, fees, or allowances) may also fall under the scope of creditable withholding taxes.
   • Other miscellaneous payments: This includes income like interest, dividends, and royalties, where withholding tax is applicable, though this falls more under different sections of the Tax Code.
2. Prescribed Rates of Creditable Withholding Tax
   One of the most important aspects of Section 2.57.2 is the specification of tax rates. These rates vary depending on the income’s nature and the payment’s recipient. The rates are typically progressive and are set by the BIR based on the type of income being paid.
   For example:
   • Professional fees and contractor services:
     The standard creditable withholding tax rate on payments for professional fees (e.g., lawyers, consultants) is usually 10% for individuals and 15% for corporations or partnerships, depending on the contract value and other factors.
   • Payments to suppliers and vendors:
     When payments are made to purchase goods or services from suppliers, withholding tax may also apply. This is typically at a rate of 1% to 3% of the gross payment, depending on the nature of the transaction.
   • Rental income
     Rent payments to individuals or businesses are often subject to a creditable withholding tax rate of 5%. However, exceptions depend on the amount and type of property being rented.
3. Who Should Withhold the Tax?
   Under Section 2.57.2, the payor (the entity or individual making the payment) withholds the tax. This includes businesses, corporations, and even individual taxpayers who make payments for services or income subject to withholding tax.
   It’s critical that the payor correctly calculates the tax due, withholds it from the payment, and remits it to the BIR on time. Failure to do so can result in penalties and interest charges.
4. Can You Claim the Tax?
   Yes! The amount of tax withheld can be credited against the total tax you owe when you file your tax return at the end of the year. For example, if a freelancer receives P100,000 for a service and the payer deducts a 10% withholding tax (P10,000), you can claim P10,000 as a credit when filing your taxes. It counts as part of your tax payment.
5. Compliance and Filing Requirements
   The payor must comply with monthly and quarterly filing requirements for remitting the withheld tax. This includes filing the necessary tax returns, such as:
   • BIR Form 1601-E: For Monthly Remittance of Creditable Income Taxes Withheld (Expanded).
   • BIR Form 1601-F: For Monthly Remittance of Final Income Taxes Withheld.

Additionally, the payor must issue a Certificate of Creditable Tax Withheld (BIR Form 2307) to the payee. This certificate serves as proof of the withholding tax that has been remitted to the BIR and is used by the payee to claim the credit on their tax return.

Avoiding Common Mistakes

Despite its simplicity, the creditable withholding tax system can be tricky to navigate. Some of the common issues taxpayers face include:

• Incorrect withholding rates: If the wrong tax rate is applied, the taxpayer or the payor may face penalties or have to pay additional taxes later.
• Failure to issue BIR Form 2307: If a business or payor fails to issue the required certificate, the payee may struggle to claim the credit for the tax already withheld.
• Non-compliance with filing deadlines: Failure to remit the withholding tax on time can result in interest charges and penalties, accumulating quickly if not addressed promptly.

Section 2.57.2 of the Tax Code is pivotal in ensuring that taxes are withheld at source, making it easier for the government to collect tax revenue. It’s crucial for businesses and individuals making income payments to understand which fees are subject to creditable withholding tax, the applicable rates, and the filing requirements.

By adhering to the provisions of Section 2.57.2, taxpayers avoid penalties, ensure that they comply with the law, and minimize any potential issues with the BIR.The person or company making the payment is the one who withholds the tax. So, if you’re a business that hires a contractor or pays for services, it’s your job to deduct the correct tax and send it to the BIR.