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EXPANDED WITHHOLDING TAX Presented by: SUSAN D. TUSOY,CPA, MPS Asst
EXPANDED WITHHOLDING TAX Presented by: SUSAN D. TUSOY,CPA, MPS Asst. Chief, Assessment Division
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Persons Required to Deduct & withhold
Juridical persons, whether or not engaged in trade or business; Individuals in connection with his trade or business, however, individual buyers of real properties are also constituted as withholding agents; All government offices.
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Persons Required to Deduct & withhold
Agents, employees or any person purchasing goods or services/paying for and in behalf of the aforesaid withholding agents shall likewise withhold in their behalf the official receipts/invoices must be issued in the name of the person whom the former represents The withholding tax certificate must be issued immediately
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Persons Required to Deduct & withhold RR 30-2003
All income payments which are required to be subjected to WT shall be subject to the corresponding rate to be withheld by the person having control over the payment and who claims the expenses. Utilities even if the meter or billing statement is not in the name of the payor With valid proof like contract between registered user and payor
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DIFFERENCE: FINAL AND CREDITABLE WITHHOLDING TAX
the amount of income tax withheld by the withholding agent is constituted as a full & final payment taxes withheld are intended to equal the tax due of the payee on the said income liability rests with the payor as withholding agent the income recipient is still required to file an income tax return payee is not required to file an ITR for the particular income
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INCOME PAYMENTS SUBJECT TO EWT
DESCRIPTION Professional fees, talent fees, etc., for services rendered by individuals 15% if gross income exceeds P720T 10% if otherwise On the gross professional, promotional and talent fees or any other form of remuneration for the services rendered. Those engaged in the practice of profession – all profession requiring gov’t licensure examination and/or regulated by PRC, Supreme Court, etc. Including Real Estate Service Practitioners (Real Estate Consultants, Real Estate Appraisers and Real Estate Brokers –RR ) Professional entertainers Professional athletes
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INCOME PAYMENTS SUBJECT TO EWT
DESCRIPTION Directors and producers of movies, stage, etc. Insurance agents and adjusters Management and technical consultants Bookkeeping agents and agencies Other recipients of talent fees Fees of directors who are not employees of the company including per diems, allowances and any other form of income payments not subject to w/holding tax on compensation.
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INCOME PAYMENTS SUBJECT TO EWT
DESCRIPTION DISCLOSURE REQUIREMENT Every individual shall periodically disclose his gross income for the current year to the BIR by submitting a Notarized Sworn Declaration to the Collection Division of the Regional Office having jurisdiction of the income earner in (3) copies.
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INCOME PAYMENTS SUBJECT TO EWT
DESCRIPTION DISCLOSURE REQUIREMENT (CONT…) Can also be filed by the income payor on behalf of the professionals/talents/directors whose services were being rendered exclusively to the aforesaid payor; Should be filed on June 30 of each year or w/in 15 days after the end of the month the professional/talent/directors income reaches P720T, w/c ever comes first.
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INCOME PAYMENTS SUBJECT TO EWT
DESCRIPTION B. Professional Fees, talent fees, etc., for services of taxable juridical persons 15% if gross income exceeds P720T 10% if otherwise On the gross professional, promotional and talent fees or any other form of remuneration for the services rendered.
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INCOME PAYMENTS SUBJECT TO EWT
DESCRIPTION C. Rentals 1. On real properties – 5% 2. On personal properties - on gross rental or lease in excess of P10,000 annually (The P10,000 threshold shall not apply when the accumulated gross rental or lease exceeds or reasonably expected to exceed P10,000 within the year.) “Reasonably expects” is determined when it clearly shows in the documents like lease contracts/agreement the amount to be received within a given period. 3. Poles, satellites and transmission facilities – 5% 4. Billboards – 5%
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INCOME PAYMENTS SUBJECT TO EWT
DESCRIPTION D. Cinematographic film rental and other payments Income Payments to certain contractors 5% on gross payment 2% on gross payments of the ff: 1. General engineering contractors 2. General building contractors 3. Specialty contractors 4. other contractors a. Filling, demolition, salvage work contractors and operators of mine drilling apparatus; b. Operators of dockyards;
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INCOME PAYMENTS SUBJECT TO EWT
DESCRIPTION Other Contractors (con’t.) c) persons engaged in the installation of water system, and gas or electric light, heat or power; d) Operators of stevedoring, warehousing or forwarding establishments; e) Transportation contractors, where the gross payments to the same payee amounts to at least P2,000/mo. regardless of the number of shipments during the month f) Printers, bookbinders, lithographers and publishers (with certain exceptions) g) Messengerial, janitorial, private detective and/or collection agencies and other business agencies
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INCOME PAYMENTS SUBJECT TO EWT
DESCRIPTION Other Contractors (con’t.) h) advertising agencies, exclusive of gross payments to media; Independent producers of TV, radio and stage performances or shows; j) Independent producers of “jingles”; k) Labor recruiting agencies and/or “labor-only” contractors l) Persons engaged in the installation of elevators, central airconditioning units, computer machines and other equipment and machineries and the maintenance services thereon;
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INCOME PAYMENTS SUBJECT TO EWT
DESCRIPTION Other Contractors (con’t.) m) Persons engaged in the sale of computer services, computer programmers, software/program developer/designer, internet service providers, web page designing, computer data processing, conversion or base services and other computer related services; n) Persons engaged in landscaping services; o) Persons engaged in collection and disposal of garbage; p) TV and radio station operators on sale of TV and radio airtime; and q) TV and radio blocktimers on sale of TV and radio commercial spots.
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INCOME PAYMENTS SUBJECT TO EWT
DESCRIPTION Income distribution to the beneficiaries G. Gross payments to certain brokers and agents (Refer to RR ) 15% on the income distributed to the beneficiaries of estates and trusts 10% on gross commissions of customs, insurance, stock, immigration and commercial brokers, fees of agents of professional entertainers and RESPs who failed or did not take up the licensure examination
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INCOME PAYMENTS SUBJECT TO EWT
DESCRIPTION Income payments to partners of general professional partnerships On income payments made to partners such as drawings, advances, sharings, allowances and stipends 15% if gross income exceeds P720T 10% if otherwise
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INCOME PAYMENTS SUBJECT TO EWT
DESCRIPTION Professional fees paid to medical practitioners (includes doctors of medicine, doctors of veterinary science and dentists etc.) - pls. refer to RR 15% if gross income exceeds P720T 10% if otherwise On PF paid by hospitals or clinics, HMOs and similar establishments or paid by patients who were admitted and confined to such hospitals. Hospital and clinics shall not allow medical practitioners to receive payment of PF directly from patients who were admitted/confined to such hospital and instead must include the PF in the total medical bill. 2. PF paid by HMOs to medical practitioners
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INCOME PAYMENTS SUBJECT TO EWT
DESCRIPTION It shall be the duty of the hosp./clinic/HMO to remit taxes withheld from professional fees The W/tax shall not apply if there is proof that no PF has in fact been charged in a form of sworn declaration The hosp shall inform the BIR about any medical practitioner who fails or refuses to execute the sworn declaration within ten days from occurrence.
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INCOME PAYMENTS SUBJECT TO EWT
DESCRIPTION Hospitals and clinics shall submit the names and address of medical practitioners every 15th day after end of each quarter using the prescribed format: Medical practitioners whose PF was paid by the patients directly to the hosp/clinic Medical practitioners who did not charge any PF
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INCOME PAYMENTS SUBJECT TO EWT
DESCRIPTION The hospitals and clinics shall be responsible for the accurate computation, timely remittance and issuance of withholding tax certificates every 20th day following close of the taxable quarter or upon request of the payee All hospitals and clinics shall submit to the BIR a sworn statement as to the complete/updated list of medical practitioners accredited to them.
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INCOME PAYMENTS SUBJECT TO EWT
DESCRIPTION J. Gross selling price or total amount of consideration or its equivalent paid to seller/owner for the sale, exchange, or transfer of real property classified ad ordinary asset Seller/transferor is exempt from Creditable Withholding Tax (CWT) in accordance with Sec of the regulation Seller/transferor is habitually engaged in the real estate business: Selling price is P500k of less % SP <P500K but => P2M % SP <P2M % Seller/transferor is not habitually engaged in the real estate business %
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INCOME PAYMENTS SUBJECT TO EWT
DESCRIPTION Additional income payments to gov’t. personnel from importers, shipping and airline companies Certain income payments made by credit card companies On gross additional payments to gov’t. personnel for overtime services as authorized by law % 1% on ½ of the gross amounts paid
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INCOME PAYMENTS SUBJECT TO EWT
DESCRIPTION Income payments made by the top 20K private corp. to their local/ resident supplier of goods/services other than those covered by other wtax rates Supplier of goods – 1% Supplier of services – 2% Withholding tax on Agricultural Purchases in their original state shall apply only on excess of the cumulative amount of P300,000 within the same taxable year (RR ).
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On Agricultural Products
For purchases involving agricultural products in their original state, the tax required to be withheld shall only apply to purchases in excess of the cumulative amount of P300, within the same taxable year.
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On Agricultural Products
Agricultural Products in their original state shall only include: corn copra poultry and livestocks rice sugar cane coffee marine food products coconut vegetables cassava palay fruits
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INCOME PAYMENTS SUBJECT TO EWT
DESCRIPTION Income payments made by the gov’t. to its local/resident supplier of goods/services other than those covered by other wtax rates Supplier of goods – 1% Supplier of services – 2% Income payments, except any single purchase which is P10,000 and below, which are made by a gov’t. office on their purchases of goods and purchase of services from local resident suppliers. GOCCs shall withhold taxes under Sec. N rather than Sec. M
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INCOME PAYMENTS SUBJECT TO EWT
DESCRIPTION Commissions of independent and/or exclusive sales representatives, and marketing agents and companies Tolling fees paid to refineries 10% on gross commissions, rebates, discounts, and other similar considerations 5% on gross processing/tolling fees
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INCOME PAYMENTS SUBJECT TO EWT
DESCRIPTION Payments made by pre-need companies to funeral parlor Payments to embalmers Income payments to suppliers of agricultural products 1% on gross payments 1% on gross payment 1% (suspended by RR )
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INCOME PAYMENTS SUBJECT TO EWT
DESCRIPTION Income payments on purchases to minerals, mineral products and quarry resources as defined and discussed in Sec. 151 of the Tax Code MERALCO payments Interest income on the refund paid either through direct payment or application against customers’ billing by other electric distribution utilities. 5% on income payments (RR ) 10% / 20%
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INCOME PAYMENTS SUBJECT TO EWT
DESCRIPTION W. Income payments made by the top 5K individual taxpayers to their local/resident supplier of goods/services other than those covered by other w/tax rates (RR ) Individuals engaged in trade or business including non resident aliens engaged in trade or business in the Philippines. Withholding tax on Agricultural Purchases in their original state shall apply only on excess of the cumulative amount of P300,000 within the same taxable year. Supplier of goods – 1% Supplier of services – 2%
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INCOME PAYMENTS SUBJECT TO EWT
DESCRIPTION X. Income payments made by political parties and candidates of local and national elections (RR ) On campaign expenses and income payments made by individuals or juridical persons for their purchases of goods and services intended to be given as campaign contribution to political parties and candidates – 5%
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INCOME PAYMENTS SUBJECT TO EWT
DESCRIPTION Y. Interest income derived from any debt instruments not within the coverage of “deposit substitute” (RR ) 20%
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Time of Withholding (RR 12-2001)
The obligation to deduct and withhold arises at the time an income payment is paid or payable or an income payment is accrued or recorded as an expense or asset in the payor’s book, whichever comes first. The term payable refers to the date the obligation becomes due, demandable or legally enforceable.
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Exemption from Withholding on Income Tax
Shall not apply to income payments made to the ff: National gov’t. and its instrumentalities, including provincial, city or municipal governments and barangays except GOCCs (RR ) Persons enjoying exemption from payment of Income Tax 1. HLURB/HDUCC registered BOI/PEPZ/SBMA/Omnibus Investment Code
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Exemption from Withholding on Income Tax
3. Corporation which are exempt from Income Tax * GSIS * SSS * PHIC * Local Water District (RMC ) * PCSO 4. Gen. Professional Partnerships 5. Joint ventures or consortium (RR )
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Requirements for Deductibility (RR 12-2013)
Any income payment allowable as deduction shall only be allowed to be deducted if: The income tax required to be withheld has been paid to the BIR No deduction shall be allowed notwithstanding payments of WTAX at the time of investigation
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Annual Information Return
Manual Submission - 3 copies of 1604E Including the alphalist of income payees. Softcopy/ Submission thru
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THE END
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