National Internal Revenue Code
National Internal Revenue Code
Answer First
Primary Text
NATIONAL INTERNAL REVENUE CODE TAXATION, TARIFF and CUSTOMS LAWS
(b) If the registered gross tonnage exceeds one
thousand (1,000) tons and does not exceed ten
thousand (10,000) tons, and the duration of the
charter or contract does not exceed six (6) months,
Two thousand pesos (P2,000); and for each month or
fraction of a month in excess of six (6) months, an
additional tax of Two hundred pesos (P200) shall be
paid.
(c) If the registered gross tonnage exceeds ten
thousand (10,000) tons and the duration of the
charter or contract does not exceed six (6) months,
Three thousand pesos (P3,000); and for each month
or fraction of a month in excess of six (6) months, an
additional tax of Three hundred pesos (P300) shall
be paid.
(as amended by RA No 10963)
SEC. 198. Stamp Tax on Assignments and Renewals of
Certain Instruments. - Upon each and every 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 by altering or otherwise, there shall be
levied, collected and paid a documentary stamp tax, at
the same rate as that imposed on the original instrument.
SEC. 199. Documents and Papers Not Subject to Stamp
Tax. - The provisions of Section 173 to the contrary
notwithstanding, the following instruments, documents
and papers shall be exempt from the documentary
stamp tax:
(a)
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.
(b)
Certificates
of
oaths
administered
to
any
government official in his official capacity or of
acknowledgment by any government official in the
performance
of
his
official
duties,
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 courts 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
governments
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; and certificates of
the assessed value of lands, not exceeding Two
hundred pesos (P200) in value assessed, furnished
by the provincial, city or municipal Treasurer to
applicants for registration of title to land.
(c) 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).
(d)
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 for 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.
(e) Sale, barter or exchange of shares of stock listed
and traded through the local stock exchange.
(f) 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.
(g) Fixed income and other securities traded in the
secondary market or through an exchange.
(h) Derivatives: Provided, That for purposes of this
exemption,
repurchase
agreements
and
reverse
repurchase agreements shall be treated similarly as
derivatives.
(i) Interbank or interdepartmental advances within
the same legal entity.
(j) 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 provided.
(k) Bank deposit accounts without a fixed term or
maturity.
(l) All contracts, deeds, documents, documents and
transactions related to the conduct of business of
the Bangko Sentral ng Pilipinas.
(m) Transfer of property pursuant to Section 40 (C)
(2) of the National Internal Revenue Code of 1997, as
amended.
(n) Interbank call loans with maturity of not more
than seven (7) days to cover deficiency in reverses
against deposit liabilities including those between
or among banks and quasi-banks.
SEC. 200. Payment of Documentary Stamp Tax. -
(A) In General. - The provisions of Presidential Decree No.
1045
notwithstanding,
any
person
liable
to
pay
documentary stamp tax upon any document subject to
tax under Title VII of this Code shall file a tax return and
pay the tax in accordance with the rules and regulations
to be prescribed by the Secretary of Finance, upon
recommendation of the Commissioner.
(B) Time for Filing and Payment of the Tax. - Except as
provided by rules and regulations promulgated by the
Secretary
of
Finance,
upon
recommendation of the
Commissioner, the tax return prescribed in this Section
shall be filed within ten (10) days after the close of the
month when the taxable document was made, signed,
issued, accepted, or transferred, and the tax thereon shall
be paid at the same time the aforesaid return is filed.
(C)
Where
to
File.
-
Except
in
cases
where
the
Commissioner otherwise permits, the aforesaid tax return
shall be filed with and the tax due shall be paid through
the
authorized
agent
bank
within
the
territorial
jurisdiction of the Revenue District Office which has
jurisdiction
over
the
residence or principal place of
business of the taxpayer. In places where there is no
authorized agent bank, the return shall be filed with the
Revenue
District
Officer,
collection
agent,
or
duly
authorized Treasurer of the city or municipality in which
© Compiled by RGL
69 of 201
Use With Care
Definitions and exceptions often appear before or after this text.
Court decisions may interpret, limit, or apply this provision.
Confirm amendment, repeal, effectivity, and official publication.
Plain Language