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PRESIDENTIAL DECREE NO. 1118
PRESIDENTIAL DECREE NO. 1118 -
AMENDING PARAGRAPHS (e), (f), AND (g) OF Section 38 OF PRESIDENTIAL
DECREE NO. 231, OTHERWISE KNOWN AS THE LOCAL TAX CODE
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WHEREAS,
for purposes of the residence tax, two residence certificates are
issued — one for the basic residence tax and another for the additional
residence tax;chanroblesvirtualawlibrary
WHEREAS, the consolidation of these two taxes in one residence
certificate will save printing costs for the government and promote
convenience to the taxpayer who will thus keep only one document to
evidence payment of the two taxes.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby order and decree the following: chanroblesvirtualawlibrary
Section 1. Paragraphs (e), (f) and (g) of Section 38
of the Local Tax Code is hereby amended to read as follows:cralaw:red
"Sec. 38. The imposition, rates and sharing of the
proceeds of the residence tax.
(a) .
(b) .
(c) .
(d) .
(e) Time for payment — Penalties for delinquency.
— Liability for the residence taxes accrue on the first day of
January of each year as regard persons then residents of the
Philippines and liable to the taxes. The residence taxes imposed under
this Section shall be paid not later than the last day of February.
Those who come to reside in the Philippines on or before the last day
of June, and those who reach the age of 18 years or otherwise lose the
benefit of the exemption on or before that day, shall pay the residence
taxes within sixty days from the time they arrive in the Philippines or
reach the age of 18 years or from the time they lose the benefit of
exemption. Persons who come to reside in the Philippines or arrive at
the age of 18 years on or after the first day of July of any year or
who cease to belong to an exempt class on or after the same day, shall
not be subject to the taxes for that year.
Corporations which may be established or organized on or before the
30th of June shall pay the residence tax within 20 days from the date
of incorporation. Those which may be established or organized on or
after the first day of July of any year, shall not be subject to the
tax for such year. chanroblesvirtualawlibrary
If the taxes are not paid within the time prescribed above, there shall
be added to the unpaid amount an interest of fourteen per cent from the
due date until it is paid.
(f) Residence Certificates. — A residence certificate
shall be issued to every person or corporation upon payment of the
basic and additional residence tax to which it is liable. A residence
certificate shall also be issued to any person, not subject to the
residence tax, upon payment of one peso.
(g) Presentation of residence certificate upon
certain occasions. — When a person liable to the taxes prescribed in
this Section acknowledges any documents before a notary public takes
the oath of office upon election or appointment to any position in the
government service; receives any license, certificate or permit from
any public authority; pays any tax or fee; receives any money from any
public fund; transacts other official business; or receives any salary
or wage from any person or corporation, it shall be the duty of such
person or officer of such corporation with whom such transaction is had
or business done or from whom any salary or wage is received to require
the exhibition of the residence certificate showing the payment of the
residence taxes by such person.
The presentation of the residence certificate shall not be required in
connection with the registration of a voter.
When, through its authorized officers, any corporation liable to the
taxes prescribed in this Section receives any license, certificate or
permit from any public authority, pays any tax or fee, receives any
money from any public fund, or transacts other officials business, it
shall be the duty of the public officials with whom such transaction is
had or business done to require the exhibition of the residence
certificate showing the payment of the residence taxes by such
corporation. chanroblesvirtualawlibrary
The certificate mentioned in the two preceding paragraphs shall be the
one issued for the current year, except from January until the last day
of February of each year and except also in the cases of the payment of
the residence tax at any time during the year in which cases the
exhibition of the certificate for the previous year shall suffice.
Section 2. The Secretary of Finance shall promulgate
the necessary rules and regulations for the effective implementation of
this decree.
Section 3. This Decree shall take effect upon its
approval.
Done in the City of Manila,
this 15th day of April, in the year of Our Lord, nineteen hundred and
seventy-seven.
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Since 19.07.98
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