Other Percentage Tax Summary of Other Percentage Tax Rates: Coverage Taxable Base Tax Rate
Other Percentage Tax Summary of Other Percentage Tax Rates: Coverage Taxable Base Tax Rate
Pendon
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TAXATION: Percentage Tax R.C.Pendon
Characteristics of OPT
1. It is imposed on business transactions
2. It follows the consumption/destination principles
3. Indirect Tax
4. Privilege tax
5. Ad valorem tax
Marginal Income Earner (MIE)
MIE are subject to income taxes but exempt from payment of business taxes. An
individual is considered an MIE if he:
1. Not deriving compensation from employment
2. Not a licensed professional, consultant, artist, sales agent, broker, and others
similarly situated, including all others whose income have been subjected to
withholding taxes
3. Whose activities are principally for subsistence or livelihood that do not realize
gross sales or receipts exceeding P100,000 in any 12-month period.
MIEs may include the following:
a. Sari-sari stores
b. Agricultural growers/producers, and farmers/fishermen selling directly to
ultimate consumers
c. Carinderias
d. Drivers/operators of a single unit tricycle
SEC. 116- TAX ON PERSONS EXEMPT FROM VAT (3% OF GROSS RECEIPTS)
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TAXATION: Percentage Tax R.C.Pendon
Covered Persons:
Non-VAT registered persons who do not exceed the P3,000,000 VAT threshold.
VAT exempt transactions are also exempt from OPT. Hence, if a seller of
vegetables is not liable for VAT and OPT no matter if they are above/below the
VAT threshold.
Under the CREATE Law, the percentage was temporarily reduced to 1% from
July 01, 2020 to June 30, 2023.
Sale to Government
Sale to the Philippine Government by a non-VAT business is subject to the
following withholding taxes by the government:
1. 3% withholding percentage tax
2. Creditable withholding income taxes of:
a. 1% on purchase of goods
b. 2% on purchase of services
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TAXATION: Percentage Tax R.C.Pendon
3. Taxis:
a. Manila & other cities- P3,600
b. Provincial- P2,400
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TAXATION: Percentage Tax R.C.Pendon
Based on the quarterly gross receipts from the transport of cargo from the
Philippines to another country.
How much is the total business tax due for each year?
Solution:
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TAXATION: Percentage Tax R.C.Pendon
Note 1: On year 2, the 3% franchise tax shall be applied even if gross receipts
exceeded P10M because the rule is NOT the current year, but the PRECEDING
year. Hence only if the previous year exceeded P10M then the current year will be
subject to VAT just like what happened in Year 3.
Illustration:
Sakit Ulo Ko Corp. is a grantee of several franchises. Their gross receipts during the
year included the following:
From water franchise P 7,000,000
From electric franchise 9,000,000
From internet franchise 8,500,000
From gas franchise 12,000,000
From other franchises 7,500,000
Total P 44,000,00
How much is the franchise tax for the year?
Solution:
From water franchise P 7,000,000
From gas franchise 12,000,000
Total 19,000,000
Franchise Tax Rate 2%
Franchise Tax Due P 380,000
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TAXATION: Percentage Tax R.C.Pendon
Covered Persons:
o Every overseas dispatch, message or conversation originating from the
Philippines.
o Tax rate of 10% on the amount paid for the services
Exemption:
1. Government
2. Diplomatic Services
3. International Organizations
4. News Services
d) Net trading gains within the taxable year of foreign currency, debt 7%
securities, derivatives, and other similar financial instruments
In the case of financial leasing, the taxable gross receipts shall consist of the interest
income only.
In case pretermination of long-term loans and financial leasing, the maturity period
shall be reckoned to end as of the date of pretermination for purposes of classifying
the transaction and the application of the correct tax rate.
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TAXATION: Percentage Tax R.C.Pendon
What is quasi-banking?
According to the Manual of Regulation of Banks issued by the BSP, the essential
elements of quasi-banking are:
a. Borrowing funds for the borrower’s own account;
b. Twenty (20) or more lenders at any one (1) time;
c. Methods of borrowing are issuance, endorsement, or acceptance of debt
instruments of any kind, other than deposits, such as acceptances,
promissory notes, participations, certificates of assignments or similar
instruments with recourse, trust certificates, repurchase agreements, and
such other instruments as the Monetary Board may determine; and
d. The purpose of which is:
i. relending, or
ii. purchasing receivables or other obligations.
Illustration 1:
ABC Bank has the following income/loss for the following months during the year
2021:
March April
Interest Income with Maturity of less than five
P150,000 P130,000
years
Rental receipts 40,000 55,000
Trading Gains 22,000 35,000
Trading Losses (32,000) (15,000)
How much is the GRT for each month?
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TAXATION: Percentage Tax R.C.Pendon
Solution:
March
Interest Income P150,000
GRT Rate 5% 7,500
Rentals P40,000
GRT Rate 7% 2,800
TOTAL P 10,300
April
Interest Income P130,000
GRT Rate 5% 6,500
Rentals P55,000
GRT Rate 7% 3,850
Illustration 2:
Mr. A executed on November 10, 2013 a long-term loan from Bank B in the amount
of P5,000.000 payable within ten (10) years with the first installment due on or
before November 10, 2014 and the succeeding yearly installment on the same date of
the subsequent years. Assume that on November 10, 2018, the loan was pre-
terminated and that the interest paid, and other fees received from year 2014 up to
year 2018, amounting to P100,000 annually, were received and declared by Bank B
correctly and the applicable gross receipts taxes were paid as follows:
Remaining Maturity Amount of Gross receipt
Year Applicable tax rate
(years) interest, etc. tax
2014 9 P100,000 1% P1,000
2015 8 100,000 1% 1,000
2016 7 100,000 1% 1,000
2017 6 100,000 1% 1,000
2018 5 100,000 5% 5,000
Total Gross Receipts Tax P9,000
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TAXATION: Percentage Tax R.C.Pendon
In 2018, upon pretermination, the loan agreement shall be reclassified and the
correct gross receipt tax, including prior years, shall be recomputed on the basis of
the new category as shown hereunder:
Remaining Maturity Amount of Gross receipt
Year Applicable tax rate
(years) interest, etc. tax
2014 4 P100,000 5% P5,000
2015 3 100,000 5% 5,000
2016 2 100,000 5% 5,000
2017 1 100,000 5% 5,000
2018 0 100,000 5% 5,000
Total Adjusted Gross Receipts Tax P25,000
Less: GRT Previously paid (2014 to
(4,000)
2017)
Gross Receipts Tax Due as
P21,000
Recomputed
Illustration:
XYZ Pawnshop realized the following gross receipts during the month:
Interest Income:
Short-term loans P 200,000
Long-term loans 180,000
Loan penalties for late payment (25% pertains to long-term 50,000
loans)
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TAXATION: Percentage Tax R.C.Pendon
Solution:
Subject to 5% Subject to 1%
Interest Income P 200,000 P 180,000
Loan Penalties 50,000 -
Service Fees on Loans 42,000 18,000
Rental Income 80,000 -
Total 372,000 198,000
GRT Rate 5% 1%
GRT Due P 18,600 P 1,980
Every person, company or corporation doing life insurance business of any sort in the
Philippines, except purely cooperative companies or associations, is subject to the 2%
Premium Tax (PT) based on the total premiums collected.
Premiums on Health and Accident Insurance, whether received by a life or non-life
insurance company, are considered as premium on life insurance, and likewise
subject to the 2% PT, not VAT.
The "gross receipts" of non-life insurance companies is subject to the imposition of
VAT which includes the total premiums collected.
Reinsurance premiums are not subject to VAT, this being already subjected to VAT
upon receipt of the insurance premiums.
Re-issuance fees, reinstatement fees, renewal fees as well as penalties paid to the life
insurance company which are incidental to or in connection with the insurance
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TAXATION: Percentage Tax R.C.Pendon
policy contracts issued are considered akin to premiums, thus, such types of income
are covered by the two percent (2%) premium tax for the gross amount received on
such fees and/or penalties. Insurance and reinsurance commissions, whether life or
non-life, are subject to VAT
Management fees, rental income, or any other income earned by the life insurance
company from services which can be pursued independently of the insurance
business activity, are subject to VAT.
Investment Income
1. Investment Income from the Investment of Premiums Earned - Income
realized from investment activities utilizing the premiums earned by the life
insurance company from its policyholders is considered merely a part of
incidental to and is necessary to its main business of contracting insurance
services.
Thus, it is considered exempt from the further imposition of business tax since
the premiums, which have been the source of the funds invested had already
been subjected to the imposition of the 2% premium tax.
Life Non-life
1. Applicable / General Rate on
2% PT 12% VAT
Traditional Products
2. Business Tax on Premiums on Health
2% PT 2% PT
and Accident Insurance
3. Reinsurance Premiums exempt exempt
4. Reinsurance Commissions 12% VAT 12%VAT
5. Management Fees, Rental Income,
12% VAT 12% VAT
Other Charges, etc.
6. Other Income earned in connection to
2% PT 12% VAT
the insurance business
7. Investment Income from:
A. Invested Insurance Premium Exempt GRT
B. Other Sources GRT GRT
Illustration:
Tayan Insurance corporation, VAT-registered, is engaged in selling various insurance
products. During the quarter, they have the following data:
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TAXATION: Percentage Tax R.C.Pendon
Life Non-life
Premiums Received P 260,000 P 310,000
Reinsurance Premiums 70,000 120,000
Reinsurance Fees 21,000 24,000
Late payment penalty 10,000 13,000
Renewal fees 40,000 50,000
Insurance Commissions 50,000 45,000
Tayan also received P100,000 gross receipts from advertising income. How much is
the total business taxes to be paid?
Answer: P 77,660
Solution:
2% PT 12% VAT
Premiums Received P 260,000 P 310,000
Reinsurance Premiums (exempt) - -
Reinsurance Fees 21,000 24,000
Late payment penalty 10,000 13,000
Renewal fees 40,000 50,000
Insurance Commissions (P50k + P45k) - 95,000
Advertising Income - 100,000
Total 331,000 592,000
Tax Rate 2% 12%
Tax Due P 6,620 P 71,040
Illustration:
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TAXATION: Percentage Tax R.C.Pendon
Ginko is buying insurances for his factory in Laguna. He availed the following:
Insurance Particulars Premiums Paid
Fire Insurance From a domestic insurance P 30,000
company
Flood Insurance Paid to an insurance agent of an 25,000
RFC
Earthquake Insurance Paid to an insurance agent of an 37,000
NRFC insurance company.
Other property Insurance Paid directly from an insurance 41,000
company abroad
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TAXATION: Percentage Tax R.C.Pendon
CIR vs. Hard Rock Café (CTA EB No. 1960, Oct 01, 2019)
The case provided for the definition of the following amusement places:
Night/Day Club - a place or establishment selling to the public food or
drinks, where the customers are allowed to dance (SC Case Junior Women’s
Club, 1956).
RR No. 14-67 reveals that the common characteristic of cabarets, night clubs and
day clubs is that they are considered places of amusement where pleasure seekers
are allowed to dance with their own partners or professional hostesses.
Otherwise stated, dancing (not dining) is the main business of cabarets, night
clubs and day clubs. Their customers frequent or patronize said establishments, not
primarily for dining purposes, but for dancing either with their own partners or with
professional hostesses employed, engaged, or furnished by the establishments
specifically for said purpose.
Illustration:
A cockpit complex, operated by Kyle Vergara, reported the following gross sales and
receipts during the quarter:
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TAXATION: Percentage Tax R.C.Pendon
The tax shall be paid within 20 days from the date it is withheld.
Illustration:
Kabayo Ko is an operator of a racetrack. It had the following dividends and prizes for
winning tickets during the event:
Total winnings on straight bets (cost of winning tickets is P 90,000
P15,000)
Total winnings in combination bets (cost of winning tickets is 120,000
P23,000)
Prize to winning horses 80,000
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TAXATION: Percentage Tax R.C.Pendon
Solution:
10% OPT 4% OPT
Net winnings on straight bets (P90k – P15k) P 75,000 -
Net winnings on straight bets (P120k – - P 97,000
P23k)
Prize to winning horses 80,000 -
Total 155,000 97,000
OPT rate of cockpit 10% 4%
Total OPT Due P 15,500 P 3,880
Illustration 1:
A stockbroker effected the following sales of stock through the PSE:
Particulars Seller Price
Common shares Client P 300,000
Preferred shares Client 175,000
Stock options Client 210,000
Common shares Security Dealer 250,000
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TAXATION: Percentage Tax R.C.Pendon
Illustration 2:
Ms. Jenner is a client of CAL Financial, a stockbroker. As part of her investment plan,
she bought 500 shares of JFC trading at P60.35 each. CAL charges a commission fee
of 0.3% based on the total trading price. How much is the total business taxes on the
transaction?
Answer: P 191.91
Solution:
Stock Transaction Tax (P60.35 x 500 shares x P 181.05
0.6%)
VAT (P60.35 x 500 shares x 0.3% commission x 10.86
12%)
Total Business Taxes P 191.91
Tax Returns
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