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Taxation Law
THE NATIONAL INTERNAL REVENUE CODE

 

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(s) Sales by electric cooperatives duly registered with the Cooperative Development Authority or National Electrification Administration, relative to the generation and distribution of electricity as well as their importation of machineries and equipment, including spare parts, which shall be directly used in the generation and distribution of electricity;

(t) Gross receipts from lending activities by credit or multi-purpose cooperatives duly registered with the Cooperative Development Authority whose lending operation is limited to their members;

(u) Sales by non-agricultural, non-electrical and non-credit cooperatives duly registered with the Cooperative Development Authority: Provided, That the share capital contribution of each member does not exceed Fifteen Thousand Pesos (P15,000) and regardless of the aggregate capital and net surplus ratably distributed among the members;

(v) Export sales by persons who are not VAT-registered;

(w) Sale of real properties not primarily held for sale to customers or held for lease in the ordinary course of trade or business or real property utilized for low-cost and socialized housing as defined by Republic Act No. 7279, otherwise known as the Urban Development and Housing Act of 1992, and other related laws, house and lot and other residential dwellings valued at One million pesos (P1,000,000.00) and below: Provided, That not latter than January 31st of the calendar year subsequent to the effectivity of this Act and each each calendar thereafter, the amount of One million pesos (P1,000,000) shall be adjusted to its present value using the Costumer Price Index, as published by the National Statistics Office (NSO);

(x) Lease of a residential unit with a monthly rental not exceeding Eight thousand pesos (P8,000): Provided, That not latter than January 31st of the calendar year subsequent to the effectivity of Republic Act No. 8241 and each calendar year thereafter, the amount of Eight thousand pesos (P8,000) shall be adjusted to its present value using the Consumer Price Index as published by the National Statistics Office (NSO);

(y) Sale, importation, printing or publication of books and any newspaper, magazine, review of bulletin which appears at regular intervals with fixed prices for subscription and sale and which is not devoted principally to the publication of paid advertisements;

(z) Sale or lease of goods or properties or the performance of services other than the transactions mentioned in the preceding; paragraphs, the gross annual sales and/or receipts do not exceed the amount of Five hundred fifty thousand pesos (P550,000): Provided, That not later than January 31st of the calendar year subsequent to the effectivity of Republic Act No. 8241 and each calendar year thereafter, the amount of Five hundred fifty thousand pesos (P550,000) shall be adjusted to its present value using the Consumer Price Index, as published by the National Statistics Office (NSO);

(aa) Services of banks, non-bank financial intermediaries performing quasi-banking functions, and other non-bank financial intermediaries;

(bb) services rendered by doctors of medicine duly registered with the professional regulatory commission (PRC); and

(cc) services rendered by lawyers duly registered with the Integrated Bar of the Philippines (IBP).

The foregoing exemptions to the contrary notwithstanding, any person whose sale of goods or properties or services which are otherwise not subject to VAT, but who issue a VAT invoice or receipt therefor shall, in additional to his liability to other applicable percentage tax, if any, be liable to the tax imposed in Section 106 or 108 without the benefit of input tax credit, and such tax shall also be recognized as input tax credit to the purchaser under Section 110, all of this Code."

Section 3. Section 121 of the National Internal Revenue Code of 1997, as amended, is hereby restored with amendments to read as follows:

"Sec. 121. Tax on Banks and Non-Bank Financial Intermediaries Performing Quasi-Banking Functions. - There shall be collected a tax on gross receipts derived from sources within the Philippines by all banks and non-bank financial intermediaries in accordance with the following schedule:

"(a) On interest, commissions and discounts from lending activities as well as income from financial leasing, on the basis of remaining maturities of instruments from which such receipts are derived:
maturity period is five (5) years or less...........5%

maturity period is more than five (5) years...........1%

"(b) on dividends and equity shares in net income of subsidiaries...........0%

"(c) on royalties, rentals of property, real or personal, profits from exchange and all other items treated as gross income under section 32 of this code...........5%

"(d) on net trading gains within the taxable year on foreign currency, debt securities, derivatives and other similar financial instruments...........5%

"Provided, however, that in case the maturity period referred to in paragraph (a) is shortened thru pretermination, then the maturity period shall be reckoned to end as of the date of pretermination for purposes of classifying the transaction and the correct rate shall be applied accordingly.

"Provided, finally, that the generally accepted accounting principles as may be prescribed by the Bangko Sentral ng Pilipinas for the bank or non-bank financial intermediary performing quasi-banking functions shall likewise be the basis for the calculation of gross receipts.

"Nothing in this code shall preclude the commissioner from imposing the same tax herein provided on persons performing similar banking activities."

Section 4. Section 122 of the National Internal Revenue Code of 1997, as amended, is hereby restored with amendments to read as follows:

"Sec. 122. Tax on Other Non-Bank Financial Intermediaries. – There shall be collected a tax of five percent (5%) on the gross receipts derived by other non-bank financial intermediaries doing business in the Philippines, from interest, commissions, discounts and all other items treated as gross income under this code: Provided, that interests, commissions and discounts from lending activities, as well as income from financial leasing, shall be taxed on the basis of remaining maturities of the instruments from which such receipts are derived, in accordance with the following schedule:

maturity period is five (5) years or less...........5%

maturity period is more than five (5) years...........1%

"Provided, however, that in case the maturity period is shortened thru pretermination, then the maturity period shall be reckoned to end as of the date of pretermination for purposes of classifying the transaction and the correct rate shall be applied accordingly.

More Pages

Republic Act No. 9294
Tax on Nonresident Foreign Corporation
Republic Act No. 9243
Republic Act No. 9238
Exempt Transactions
Sales by Electric cooperatives
Republic Act No. 9224
Republic Act No. 8761
Republic Act No. 7717
Republic Act No. 7716
Consignment of Goods
Determination of the Tax
To the Purchaser upon Consummation of Sale
Cancellation of Registration
Tax Administration Development Fund
Republic Act No. 7660
Stamp Tax on Fidelity
Stamp Tax on Mortgages
Republic Act No. 7654
Republic Act No. 7649
Republic Act No. 7646
Republic Act No. 7642
Illegal Collection of foreign Payments
Republic Act No. 7549
For Unpaid Mortgages
Republic Act No. 7498
Republic Act No. 7497 Sec. 5
Republic Act No. 7496
Republic Act No. 7369
Republic Act No. 7167
Republic Act No. 7161 Section 6
Republic Act No. 6956
Republic Act No. 6767

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