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| REPUBLIC ACT NO. 1612 - AN
ACT TO AMEND CERTAIN SECTION OF TITLE V OF COMMONWEALTH ACT NUMBERED
FOUR HUNDRED SIXTY-SIX, OTHERWISE KNOWN AS THE NATIONAL INTERNAL
REVENUE CODE, AS AMENDED, AND FOR OTHER PURPOSES |
| Section 1.
Section one hundred seventy-eight of Commonwealth Act Numbered Four
hundred sixty-six, as amended, is hereby further amended to read as
follows: "Section 178.
Payment of privilege taxes. — A privilege tax must be paid before any
business or occupation hereinafter specified can be lawfully begun or
pursued. The tax on business is payable for every separate or distinct
establishment or place where business subject to the tax is conducted;
and one line of business or occupation does not become exempt by being
conducted with some other business or occupation for which such tax has
been paid.
"The tax on a business must be paid by the person, firm, or company conducting the same; the occupation tax, by each individual engaged in a calling subject thereto." Section 2. Section one hundred eighty of Commonwealth Act Numbered Four hundred sixty-six, as amended, is hereby further amended to read as follows: "Section 180.
Time for payment of fixed taxes. — All fixed taxes shall be due and
payable on or before the twentieth of January of each year. But any
reason first beginning a business or occupation must pay the tax before
engaging therein."
Section 3. Section one hundred eighty-one of Commonwealth Act Numbered Four hundred sixty-six, as amended, is hereby repealed. Section 4. Section one hundred eighty-two of Commonwealth Act Numbered Four hundred sixty-six, as amended, is hereby further amended to read as follows: "Section 182.
Fixed taxes — (A) On business — (1) Persons subject to percentage tax.
— Unless otherwise provided, every person engaging in a business on
which the percentage tax is imposed shall pay in full a fixed annual
tax of twenty pesos for each calendar year or fraction thereof in which
such person shall engage in said business.
"(2) Persons
not subject to percentage tax. — Every person who is not required to
pay the percentage tax prescribed in sections one hundred eighty-four,
one hundred eighty-five and one hundred eighty-six shall pay in full
for each calendar year or fraction thereof in which such person shall
engage in business a fixed annual tax based upon his gross annual sales
during the preceding calendar years, as follows:
"Ten pesos, if the amount of the gross annual sales exceeds two thousand pesos but does not exceed ten thousand pesos; "Twenty pesos, if the amount of the gross annual sales exceeds ten thousand pesos but does not exceed thirty thousand pesos; "Thirty pesos, if the amount of the gross annual sales exceeds thirty thousand pesos but does not exceed fifty thousand pesos; "Fifty pesos, if the amount of the gross annual sales exceeds fifty thousand pesos but does not exceed seventy-five thousand pesos; "Seventy-five pesos, if the
amount of the gross annual sales exceeds seventy-five thousand pesos
but does not exceed one hundred thousand pesos;
"One hundred pesos, if the amount of the gross annual sales exceeds one hundred thousand pesos but does not exceed one hundred fifty thousand pesos; "One hundred fifty pesos, if the amount of the gross annual sales exceeds one hundred fifty thousand pesos but does not exceed three hundred thousand pesos; "Three hundred pesos, if the amount of the gross annual sales exceeds three hundred thousand pesos but does not exceed five hundred thousand pesos; and "Five hundred pesos, if the
amount of the gross annual sales exceeds five hundred thousand pesos:
Provided, That if a merchant is engaged in two or more businesses, one
or more of which is subject to, and the others exempt from, the
percentage tax, he shall pay the graduated fixed annual tax provided
above, based on the individual sales of his business not subject to the
percentage tax under this Title: Provided, however, That the initial
graduated fixed annual tax to be paid by the person first engaging in
business subject to said tax shall be ten pesos.
"This tax shall be payable before the person subject to the same begins to engage in the business, and thereafter within the regulation period in the month of January during which the other fixed privilege taxes may be paid without penalty. "(3) Other
fixed taxes. — The following fixed taxes shall be collected as follows,
the amount stated being for the whole year, when not otherwise
specified:
"(a) Brewers, one thousand pesos. "(b) Distillers of spirits, one hundred pesos, if the annual production does not exceed fifty thousand gauge liters; two hundred pesos, if the annual production exceeds fifty thousand gauge liters; but does not exceed one hundred thousand gauge liters; four hundred pesos, if the annual production exceeds one hundred thousand gauge liters but does not exceed two hundred and fifty thousand gauge liters; and six hundred pesos if the annual production exceeds two hundred and fifty thousand gauge liters. "(c) Rectifiers of distilled spirit, compounders, and repackers of wines or distilled spirits, four hundred and fifty pesos. "(d) Wholesale
peddlers of distilled, manufactured, or fermented liquor, one hundred
pesos.
"(e) Wholesale peddlers of manufactured tobacco, fifty pesos. "(f) Retail peddlers of distilled, manufactured, or fermented liquor, one hundred and fifty pesos. "(g) Retail peddlers of manufactured tobacco, sixteen pesos. "(h) Wholesale liquor dealers — 1. In the City of Manila, six hundred pesos; 2. In chartered cities other than Manila, four hundred pesos; 3. In any other
place, one hundred and fifty pesos.
"(i) Wholesale dealers infermented liquors, except basi, tuba and tapuy, one hundred and fifty pesos. "(j) Retail liquor dealers, one hundred pesos. "(k) Retail vino dealers, twenty pesos. "(l) Retail dealers in fermented liquors, fifty pesos. "(m) Wholesale leaf tobacco dealers, one hundred pesos. "(n) Retail leaf tobacco dealers, thirty pesos. "(o) Manufacturers of tobacco and manufacturers of cigars and cigarettes — 1. In the City
of Manila, four hundred pesos;
2. In any other place, one hundred pesos. "(p) Wholesale tobacco dealers, sixty pesos; retail tobacco dealers, sixteen pesos. "(q) Manufacturers or importers of playing cards, two hundred pesos. "(r) Manufacturers, producers, or importers of soft drinks or mineral waters, one hundred pesos. "(s)
Stockbrokers, dealers in securities, real estate brokers, real estate
dealers, commercial brokers, customs brokers and immigration brokers,
one hundred and fifty pesos: Provided, however, That in the case of
real estate dealers, the annual fixed tax to be collected shall be as
follows:
"One hundred and fifty pesos, if the annual income from buying, selling, exchanging, leasing, or renting property (whether on their own account as principals or as owners of rental property or properties) is three thousand pesos or more but not exceeding ten thousand pesos; "Three hundred pesos, if such annual income exceeds ten thousand pesos but does not exceed thirty thousand pesos; and "Five hundred pesos, if such
annual income exceeds thirty thousand pesos.
"(t) Owners of race tracks for each day on which races are run on any track, five hundred pesos. "(u) Lending investors — 1. In chartered cities and first-class municipalities, three hundred pesos; 2. In second and third-class municipalities, one hundred and fifty pesos; 3. In fourth and fifth-class municipalities and municipal districts, seventy-five pesos: Provided, That lending investors who do business as such in more than one province shall pay a tax of three hundred pesos. "(v)
Cinematographic film owners, lessors or distributors, two hundred
pesos.
"(B) On occupation. — Taxes on occupation shall be collected as follows, the amount stated being the sum due for the whole year: "(1) Lawyers, medical practitioners, architects, interior decorators, certified public accountants, civil, electrical, chemical, mechanical or mining engineers, insurance agents and subagents, veterinarians, dental surgeons, opticians, commercial aviators, professional appraisers or connoisseurs of tobacco and other domestic or foreign products, licensed ship masters and marine chief engineers, seventy-five pesos. "The term "mechanical engineers",
as used herein, means professional mechanical engineers as defined in
Commonwealth Act Numbered Two hundred and ninety-four.
"(2) Land surveyors, chief mates, marine second engineers, pharmacists, registered nurses, chiropodists, tattooers, masseurs, pelotaris, jockeys, professional actors or actresses, stage performers and hostesses, fifty pesos. "Every professional legally authorized to practice his profession, who has paid the corresponding annual privilege tax on profession for which he has been duly qualified under the law, in all parts of the Philippines without being subject to any other tax, charge, license or fee for the practice of such profession: Provided, however, That they have paid to the office concerned the registration fees required by their respective professions. "(C)
Exceptions. — The following shall be exempt from the tax imposed in
this section:
"(1) Persons whose gross annual sales do not exceed two thousand pesos. "(2) All persons engaged in public market places exclusively in the sale at retail of domestic meat, fruits, vegetables, game, poultry, fish, and other similar domestic food products. "(3) Peddlers and sellers at fixed stands and other similar selling places engaged exclusively in the sale at retail of domestic meat, fruits, vegetables, game, poultry, fish, and similar domestic food products, whose total stock in trade on any one day does not reach a retail value of one hundred pesos. "(4) Producers
of commodities of all classes working in their own homes, consisting of
parents and children living as one family, when the value of each day's
production by each person capable of working is not in excess of five
pesos.
"(5) Owners of animal drawn two-wheeled vehicles. "(6) Owners of bancas. "(7) Persons employed in any branch of the service of the Government of the Philippines whose entire professional services are devoted exclusively thereto or are applied under its discretion, or persons devoting their entire professional services to any religious, educational, or charitable institution, or hospital, sanitarium, or to any similar establishment, not conducted for private gain, in respect to the tax imposed by paragraph (B) of this section." Section 5. Section one hundred eighty-three of Commonwealth Act Numbered Four hundred sixty-six, as amended, is hereby further amended to read as follows: "Section 183.
Payment of percentage taxes. — (a) In general. — It shall be the duty
of every person conducting a business on which a percentage tax is
imposed under this Title, to make a true and complete return of the
amount of his, her or its gross monthly sales, receipts, or earnings,
or gross value of output actually removed from the factory or mill
warehouse and within ten days after the end of each month, pay the tax
due thereon: Provided, That any person retiring from a business subject
to the percentage tax shall notify the nearest internal revenue officer
thereof, file his return or declaration, and pay the tax due thereon
within ten days after closing his business.
"If the percentage tax on any
business is not paid within the time prescribed above, the amount of
the tax shall be increased by twenty-five per centum, the increment to
be a part of the tax.
"In case of willful neglect to file the return within the period prescribed herein, or in case a false or fraudulent return is wilfully made, there shall be added to the tax or to the deficiency tax, in case any payment has been made on the basis of such return before the discovery of the falsity or fraud, a surcharge of fifty per centum of its amount. The amount so added to any tax shall be collected at the same time and in the same manner and as part of the tax unless the tax has been paid before the discovery of the falsity or fraud, in which case the amount so added shall be collected in the same manner as the tax. "(b) Sales tax
on imported articles. — When the articles are imported, the percentage
taxes established in sections one hundred eighty-four, one hundred
eighty-five, and one hundred eighty-six of this Code shall be paid in
advance by the importer, in accordance with regulations promulgated by
the Secretary of Finance and prior to the release of such articles from
customs' custody, based on the import invoice value thereof, certified
to as correct by the Philippine Consul at the port of origin if there
is any, including freight, postage, insurance, commission, customs
duty, and all similar charges, plus one hundred per centum of such
total value in the case of articles enumerated in section one hundred
and eighty-four; fifty per centum of such total value in case of
articles enumerated in section one hundred and eighty-five; and twenty
five per centum in the case of articles enumerated in section one
hundred and eighty-six. The tax imposed in this section shall not apply
to articles to be used by the importer himself in the manufacture or
preparation of articles subject to specific tax or those for
consignment abroad and are to form part thereof.
"In the case of tax-free articles brought or imported into the Philippines by persons, entities or agencies exempt from tax which are subsequently sold, transferred, or exchanged in the Philippines to non-exempt private persons or entities, the purchasers shall be considered the importers thereof. The tax due on such articles shall constitute a lien on the article itself superior to all other charges of liens, irrespective of the possessor thereof." Section 6. Section one hundred eighty-four of Commonwealth Act Numbered Four hundred sixty-six, as amended, is hereby further amended to read as follows: "Section 184.
Percentage tax on sales of jewelry, automobiles, toilet preparations,
and others. — There shall be levied, assessed, and collected once only
on every original sale, barter, exchange, or similar transaction for
nominal or valuable considerations intended to transfer ownership of,
or title to, the articles herein below enumerated a tax equivalent to
fifty per centum of the gross value in money of the articles so sold,
bartered, exchanged, or transferred, such tax to be paid by the
manufacturer or producer: Provided, That where the articles enumerated
hereinbelow are manufactured out of materials subject to tax under this
section, the total cost of such materials, as duly established, shall
be deductible from the gross selling price or gross value in money of
such manufactured articles:
"(a) Automobile
chassis and bodies, the selling price of which does not exceed seven
thousand pesos: Provided, That where the selling price of an automobile
exceeds seven thousand pesos but does not exceed ten thousand pesos the
same shall be taxed at the rate of seventy-five per centum of such
selling price: And provided, further, That where the selling price of
an automobile exceeds ten thousand pesos the same shall be taxed at the
rate of one hundred per centum of such ceiling price. A sale of
automobile shall, for the purpose of this section, be considered to be
a sale of the chassis and of the body together with parts and
accessories with which the same are usually equipped. Provided,
however, That parts and accessories of automobiles imported as
replacements or as completely knocked down part for the assembly of
automobiles shall be subject to tax under section one hundred and
eighty-six: And provided, further, That the total cost of such
materials or parts on which tax has already been paid under section one
hundred and eighty-six, as duly established, shall be deductible from
the gross selling price or gross value in money of the assembled or
manufactured articles. The term "automobile" as used herein shall not
include motor vehicles classified as trucks.
"(b) All
articles commonly or commercially known as jewelry, whether real or
imitation; pearls, precious and semi-precious stones, and imitations
thereof; articles made of, or ornamented, mounted or fitted with,
precious metals or imitations thereof or ivory (not including surgical
instruments, silver-plated wares, frames or mountings for spectacles or
eyeglasses and dental gold or gold alloys and other precious metals
used in filling, mounting or fitting of the teeth); opera glasses, and
lorgnettes. The term "precious metals" shall include platinum, gold,
silver, and other metals of similar or greater value. The term
"imitations thereof" shall include platings and alloys of such metals.
"(c) Perfumes, essences, extracts, toilet waters, cosmetics, petroleum jellies, hair oils, pomades, hair dressings, hair restoratives, hair dyes, aromatic cachous, toilet powders, and any similar substance, article, or preparations, by whatsoever name known or distinguished; and any of the above which are used or applied or intended to be used or applied for toilet purposes; except tooth and mouth washes, dentrifices, tooth paste; and talcum or medicated toilet powders. "(d) Dice and
mahjong sets;
"(e) Beauty parlor equipment and accessories; and "(f) Polo mallets and balls; golf bags, clubs and balls; and chess and checker boards and pieces. "Any part or accessory of the above-mentioned articles shall be taxed at the same rate as the finished articles." Section 7. Section one hundred eighty-five of Commonwealth Act Numbered Four hundred eighty-six, as amended, is hereby further amended to read as follows: "Section 185.
Percentage tax on sales of sporting goods, refrigerators, and others. —
There shall be levied, assessed, and collected once only on every
original sale, barter, exchange, or similar transaction intended to
transfer ownership of, or title to, the articles herein below
enumerated, a tax equivalent to thirty per centum of the gross selling
price or gross value in money of the articles so sold, bartered,
exchanged or transferred, such tax to be paid by the manufacturer or
producer: Provided, That where the articles enumerated herein below are
manufactured out of materials subject to tax under this section, the
total cost of such materials, as duly established, shall be deductible
from the gross selling price or gross value in money of such
manufactured articles:
"(a) Luggage,
trunks, valises, traveling bags, suitcases, satchels, overnight bags,
hat boxes for use by travelers, beach bags, bathing suit bags, brief
cases made of leather or imitation leather, and salesmen's sample and
display cases; purses, handbags, pocketbooks, wallets, billfolds, and
cards, pass, and key cases; toilet cases and other cases, bags, and
kits (without regard to size, shape, construction, or material from
which made) for use in carrying toilet articles or articles of wearing
apparel;
"(b) Watches and clocks and cases and movements therefor; "(c) Fishing roads and reels; "(d) Articles of which celluloid is the competent material of chief value; "(e)
Refrigerators of all types;
"(f) Beverage coolers, ice cream cabinets, water coolers, food and beverage storage cabinets, ice making machines, and mild cooler cabinets, each such article having or being primarily designed for use with, a mechanical refrigerating unit operated by electricity, gas, kerosene, or other means; "(g) Pianos; phonographs; combination radio and phonograph sets; television sets; combination radio and television sets; phonograph records (except those used for educational purposes); juke boxes, gramophones and similar articles for reproducing music; "(h) Firearms
and cartridges or other forms of ammunition: Provided, however, That no
tax shall be collected on .22-caliber firearms and cartridges as well
as other forms of ammunition sold and delivered directly to the Armed
Forces of the Philippines or to any government instrumentality or
agency as well as to any organization and persons engaged in
maintaining peace and order for their actual use or issue;
"(i) Electric fans andr circulators (except those specially adopted for industrial use); electric, gas or oil water heaters; electric flat irons, electric, gas or oil appliances of the type used for cooking, warming, or keeping warm food or beverage for consumption on the premises; electric mixers, whippers, and juicers; and household type electric vacuum cleaners; "(j) Unexposed
photographic films (including motion picture films but not including
X-ray films), photographic plates and sensitized paper; photographic
apparatus and equipment, and any apparatus or equipment designed
especially for use in the taking of photographs or motion picture or in
the developing, printing, or enlarging of photographs or motion picture
films; and photostatic and/or contact copying machines and any similar
machines;
"(k) Neon-tube signs, electric signs, and electric advertising devices; "(l) Washing machines of all types; "(m) Air-conditioning units; "(n) Mechanical lighters; "(o)
Upholstered furniture (except rattan); tables, desks, chairs,
showcases, bookcases, lockers, and cabinets (other than filing
cabinets) of which wood, rattan, or bamboo is not the competent
material of chief value, but not including iron or steel chairs and
tables costing not more than six pesos each and medical or dental
equipment or apparatus;
"(p) Textiles, wholly or in chief value of silk, wool, linen or nylon or other synthetic chemical fabrics; wool and silk hats; and furs and manufactures thereof; "(q) Fountain pens the gross selling price of which exceeds fifteen pesos: Provided, That if their selling price does not exceed fifteen pesos, they shall be taxed at the rate prescribed in section one hundred and eighty-six hereof; "(r) Toys and
playthings of all sorts (without regard to material from which made),
except those locally manufactured;
"Any part or accessory of the abovementioned articles shall be taxed at the same rate as the finished articles." Section 8. Section one hundred eighty-six of Commonwealth Act Numbered Four hundred sixty-six, as amended, is hereby further amended to read as follows: "Section 186.
Percentage tax on sales of other articles. — There shall be levied,
assessed and collected once only on every original sale, barter,
exchange and similar transaction either for nominal or valuable
considerations, intended to transfer ownership of, or title to, the
articles not enumerated in sections one hundred and eighty-four and one
hundred and eighty-five a tax equivalent to seven per centum of the
gross selling price or gross value in money of the articles so sold,
bartered, exchanged, or transferred, such tax to be paid by the
manufacturer or producer: Provided, That where the articles subject to
tax under this section are manufactured out of materials likewise
subject to tax under this section and section one hundred and
eighty-nine, the total cost of such materials, as duly established,
shall be deductible from the gross selling price or gross value in
money of such manufactured articles: And provided, further, That with
respect to fish and its by-products when sold, bartered, or exchanged
by the fisherman or fishing operator whether in their original state or
not, a tax equivalent to five per centum only of the selling price or
gross value in money shall be levied, assessed, and collected.
"In the case of operators or
proprietors of sawmills, who buy logs for the purpose of sawing and/or
cutting them into lumber of standard sizes, the tax prescribed in this
section shall be computed on thirty-three and one-third per centum of
the gross cost of logs purchased during any given quarter intended for
manufacture. Operators or proprietors of sawmills entitled to the
privilege of paying the tax on thirty-three and one-third per centum of
the gross cost of the logs purchased, including freight, insurance, and
similar charges incurred up to the delivery to mill site, by them shall
keep a complete record of their transactions, especially their purchase
of logs together with the corresponding vouchers, such as official and
auxiliary invoices, or the commercial invoices of the products from
whom they purchased the logs, in cases where the logs purchased
constitute merely a portion of the logs covered by an official invoice,
in which commercial invoices the assessment numbers of the official
invoices covering the logs and the names and addresses of the vendors
shall be indicated. They shall also keep a complete record of lumber
purchased by them for resale."
Section 9. Section one hundred eighty-eight of Commonwealth Act Numbered Four hundred sixty-six, as amended, is hereby further amended to read as follows: "Section 188.
Transactions and persons not subject to percentage tax. — In computing
the tax imposed in sections one hundred eighty-four, one hundred
eighty-five, and one hundred eighty-six, transactions in the following
commodities shall be excluded:
"(a) Articles subject to tax under Title IV of this Code. "(b)
Agricultural products and the ordinary salt in their original form when
sold, bartered, or exchanged by the producer or owner of the land where
produced. The term "agricultural products" as used herein shall not
include cultured fish and other products raised or produced in
fishponds, and those which have undergone the process of manufacturing
as defined in section one hundred ninety-four (x) of this Code.
"(c) Minerals and mineral products when sold, bartered, or exchanged by the lessee, concessionaire, or owner of the mineral land from which removed. "(d) Articles subject to tax under section one hundred eighty-nine of this Code. "(e) Articles
shipped or exported abroad by the manufacturer or producer,
irrespective of any shipping arrangement that may be agreed upon which
may influence or determine the transfer of ownership of the articles so
exported.
"The following shall be exempt from the percentage taxes imposed in sections one hundred eighty-four, one hundred eighty-five, and one hundred eighty-six; "(a) Persons whose gross quarterly sales or receipts do not exceed five hundred pesos. "(b) All persons engaged in public market places exclusively in the sale at retail of domestic meat, fruits, vegetables, game, poultry, fish and other similar domestic food products. "(c) Peddlers
and sellers at fixed stands and other similar selling places engaged
exclusively in the sale at retail of domestic meat, fruits, vegetables,
game, poultry, fish, and similar domestic food products, whose total
stock in trade in any one day does not reach a retail value of one
hundred pesos."
"(d) Producers of commodities of all classes working in their own homes, consisting of parents and children living as one family, when the value of each day's production by each person capable of working is not in excess of five pesos. "(e) Persons importing articles under the contract for the exclusive use of the Armed Forces of the Philippines." Section 10. Section one hundred eighty-nine of Commonwealth Act Numbered Four hundred sixty-six, as amended, is hereby further amended to read as follows: "Section 189.
Percentage tax upon proprietors or operators of rope factories, sugar
centrals, rice mills, coconut oil mills, corn mills, and desiccated
coconut factories. — Proprietors or operators of rope factories, sugar
centrals, rice mills, coconut oil mills, corn mills and desiccated
coconut factories shall pay a tax equivalent to two per centum of the
gross value in money of all the rope, sugar, rice, coconut oil, ground
or milled corn, and desiccated coconut manufactured or milled by them,
including the by-products of the raw materials from which said articles
are produced or manufactured, such tax to be based on the actual
selling price or market value of these articles at the time they leave
the factory or mill warehouse: Provided, however, That this tax shall
not apply to coconut oil, copra by-products and desiccated coconuts
shall be removed for exportation and are actually exported without
returning to the Philippines, whether so exported in their original
state, or as an ingredient or part of any manufactured article or
product.
"A proprietor or operator of a
refined sugar or coconut oil factory shall be subject to the tax
imposed by this section but shall be permitted to deduct from the
actual selling price or market value of the refined sugar or coconut
oil the total cost, as duly established, of the raw sugar or crude oil,
as the case may be, upon which the tax under this section has been
previously paid.
"Where articles are manufactured out of materials subject to tax under this section, the total cost thereof, as duly established, shall be deductible from the gross selling price or gross value in money of the manufactured articles." Section 11. Section one hundred ninety of Commonwealth Act Numbered Four hundred sixty-six as amended, is hereby further amended to read as follows: "Section 190.
Compensating tax. — All persons residing or doing business in the
Philippines, who purchase or receive from without the Philippines any
commodities, goods, wares, or merchandise, excepting those subject to
specific taxes under Title IV of this Code, shall pay on the total
value thereof at the time they are received by such persons, including
freight, postage, insurance, commission and all similar charges, a
compensating tax equivalent to the percentage taxes imposed under this
Title on original transactions effected by merchants, importers, or
manufacturers, such tax to be paid before the withdrawal or removal of
said commodities, goods, wares, or merchandise from the customhouse or
the post office: Provided, however, That merchants, importers, and
manufacturers, who are subject to tax under sections one hundred
eighty-four, one hundred eighty-five, one hundred eighty-six, or one
hundred eighty-nine of this Title, shall not be required to pay the tax
herein imposed where such commodities, goods, wares, or merchandise
purchased or received by them from without the Philippines are to be
sold, resold, bartered, or exchanged or are to be used in the
manufacture or preparation of articles for sale, barter, or exchange
and are to form part thereof: And provided, further, That the tax
imposed in this section shall not apply to articles to be used by the
importer himself in the manufacture or preparation of articles subject
to specific tax or those for consignment abroad and are to form part
thereof. If any article withdrawn from the customhouse or the post
office without the payment of the compensating tax is subsequently used
by the importer for other purposes, corresponding entry should be made
in the books of accounts, if any are kept, or a written notice thereof
sent to the Collector of Internal Revenue and payment of the
corresponding compensating tax made within ten days from the date of
such entry or notice. If the tax is not paid within such period, the
amount of the tax shall be increased by twenty-five per centum, the
increment to form part of the tax.
"The tax herein imposed shall not
be assessed or collected on any single shipment consigned to any single
person when the total value thereof does not exceed one hundred pesos.
Goods brought in by residents returning from abroad, the value of which
does not exceed five hundred pesos, are exempt from this tax.
"In the case of tax-free articles
brought or imported into the Philippines by persons, entities or
agencies exempt from tax which are subsequently sold, transferred or
exchanged in the Philippines to non-exempt private persons or entities,
the purchasers or recipients shall be considered the importers thereof.
The tax due on such articles shall constitute a lien on the article
itself superior to all other charges or liens, irrespective of the
possessor thereof."
Section 12. Section one hundred ninety-one of Commonwealth Act Numbered Four hundred sixty-six, as amended, is hereby further amended to read as follows: "Section 191.
Percentage tax on road, building, irrigation, artesian well,
waterworks, and other construction work contractors; proprietors or
operators of dockyards, and others. — Road, building, irrigation,
artesian well, waterworks, and other construction work contractors;
filling contractors; demolition and salvage work contractors; arrastre
contractors; persons engaged in the installation of gas or electric
light, heat, or power; persons selling water, light, heat, or power,
except those paying a franchise tax; proprietors or operators of
dockyards, mine drilling apparatus, smelting plants, engraving plants,
plating establishments, plastic lamination establishments, vulcanizing
and recapping establishments; establishments for washing and/or
greasing of motor vehicles, battery charging, planning or surfacing and
recutting of lumber; sawmills under contract to saw and/or cut logs
belonging to others; dry-cleaning or dyeing establishments, steam
laundries, laundries using washing machines; photographic studios,
telephone or telegraph lines or exchanges, broadcasting or wireless
stations; funeral parlors; shops for the construction or repair of
bicycles or vehicles of any kind, mechanical devices, instruments,
apparatus, or furniture of any kind, shoe repairing by machine or any
mechanical contrivance, and tailor shops, beauty parlors, dressmakers,
milliners, hatters, keepers of hotels, lodging houses, stevedores,
warehousemen; plumbers; smiths; house or sign painters; lithographers,
publishers, except those engaged in the publication or printing and
publication of any newspaper, magazine, review or bulletin which
appears at regular intervals, with fixed prices for subscription and
sale, and which is not devoted principally to the publication of
advertisements; printers and bookbinders, business agents and other
independent contractors, shall pay a tax equivalent to three per centum
of their gross receipts.
"Keepers of restaurants,
refreshment parlors and other eating places, and caterers, shall pay a
tax of three per centum of their gross receipts. Keepers of bars and
cafes where wines or liquors are served shall pay a tax of seven per
centum of their gross receipts: Provided, however, That two sets of
sales or commercial invoices or receipts serially numbered in duplicate
shall be separately prepared and issued, one for each sale of food or
refreshment served and another for each sale of wine or liquor served,
the originals of which shall be issued to the purchaser or customer.
Where such establishments are maintained within the premises or
compound of a race track or jai-alai or are accessible to patrons of
such race tracks or jai-alai by means of a connecting door or passage,
the keepers of such establishments shall pay a tax of twenty per centum
of their gross receipts. Where the establishment is maintained within
the premises of a cabaret or night club, or is accessible to patrons
thereof by means of a connecting door or passage, the keeper of the
establishment shall pay a tax of ten per centum of the gross
receipts."
Section 13. Sections one hundred ninety-three, one hundred ninety-six, and two hundred one of Commonwealth Act Numbered Four hundred sixty-six, as amended, are hereby repealed. Section 14. The first paragraph and subsection (s) of section one hundred ninety-four of Commonwealth Act Numbered Four hundred sixty-six, as amended, are hereby further amended to read as follows: "Section 194.
Words and phrases defined. — In applying the provisions of this title,
words and phrases shall be taken in the sense and extension indicated
below:
"(s) "Real
estate broker" includes any person, other than a real estate salesman
as hereinafter defined, who for another, and for a compensation or in
the expectation or promise of receiving compensation, (1) sells or
offers for sale, buys or offers to buy, lists, or solicits for
prospective purchasers, or negotiates the purchase, sale or exchange of
real estate or interests therein; (2) or negotiates loans on real
estate; (3) or leases or offers to lease or negotiates the sale,
purchase or exchange of a lease, or rents or places for rent or
collects rent from real estate or improvements thereon; (4) or shall be
employed by or on behalf of the owner or owners of lots or other
parcels of real estate at a stated salary, on commission, or otherwise,
to sell such real estate or any parts thereof in lots or parcels. "Real
estate salesman" means any natural person regularly employed by a real
estate broker to perform in behalf of such broker any or all of the
functions of a real estate broker. One act of a character embraced
within the above definition shall constitute the person performing or
attempting to perform same a real estate broker. But the foregoing
definitions do not include a person who shall directly perform any of
the acts aforesaid with reference to his own property, where such acts
are performed in the regular course of or as an incident to the
management of such property; nor shall they apply to persons acting
pursuant to a duly executed power of attorney from the owner
authorizing final consummation by performance of a contract conveying
real estate by sale, mortgage or lease; nor shall they apply to any
receiver, trustee or assignee in bankruptcy or insolvency, or to any
person acting pursuant to the order of any court; nor to a trustee
selling under a deed of trust. "Real estate dealer" includes any person
engaged in the business of buying, selling, exchanging, leasing, or
renting property as principal and holding himself out as a full or
part-time dealer in real estate or as an owner of rental property or
properties rented or offered to rent for an aggregate amount of three
thousand pesos or more a year: Provided, however, That any person
receiving an annual income of four thousand pesos or more from buying,
selling, exchanging, leasing, or renting property on his own account as
principal or as an owner of real property or properties shall be
considered as engaged in business as real estate dealer: And provided,
further, That an owner of sugar lands subject to tax under Commonwealth
Act Numbered Five hundred and sixty-seven shall not be considered as a
real estate dealer under this definition."
Section 15. Section one hundred ninety-eight of Commonwealth Act Numbered Four hundred sixty-six, as amended, is hereby further amended to read as follows: "Section 198.
Continuation of business of deceased person. — When any individual
paying a business tax dies and the same business is continued by the
person or persons interested in his estate, no additional payment shall
be required for the residue of the term for which the tax was paid:
Provided, however, That the person or persons interested in the estate
should within thirty days from the death of the decedent submit to the
Bureau of Internal Revenue or the regional or provincial revenue office
inventories of goods or stocks had at the time of such death.
"The requirement under this section shall also be applicable in the case of transfer of ownership or change of name of the business establishment." Section 16. Section two hundred of Commonwealth Act Numbered Four hundred sixty-six, as amended, is hereby further amended to read as follows: "Section 200.
Revocation of privilege. — When a person doing business under the
provisions of this Title was as a wholesale or retail liquor dealer,
retail vino dealer, wholesale or retail fermented liquors dealer, or as
a peddler of tobacco or liquor, is abusing his privilege to the injury
of the public morals or peace, or when a place where any such business
is established has been or is conducted in a disorderly or unlawful
manner, or is a nuisance, or is permitted to be used as a resort for
disorderly characters, criminals, or women of ill repute, the Collector
of Internal Revenue may, after due investigation, and with the approval
of the Department Head, revoke such privilege, subject to appeal to the
President of the Philippines whose action on the appeal shall be final.
Such revocation shall operate to forfeit all sums which may have been
paid in respect of said privilege and to prohibit the sale, by the
person whose privilege is so revoked, of liquor or tobacco for a term
which may be fixed in said order."
Section 17. Section two hundred three of Commonwealth Act Numbered Four hundred sixty-six, as amended, is hereby further amended to read as follows: "Section 203.
Registration of name or style with provincial revenue agent or
provincial treasurer. — Every person engaged in any business or
occupation on which a privilege tax is imposed by law shall, on or
before the commencement of his business or occupation, register with
the provincial revenue agent or with the provincial treasurer, in case
no provincial revenue agent is assigned to the province, within ten
days after securing his privilege tax receipt, his name or style, place
of residence, business or occupation, and the place where such business
or occupation is carried on. In case of a firm, the names and residence
of the various persons constituting the same shall also be
registered."
Section 18. Section two hundred four of Commonwealth Act Numbered Four hundred sixty-six, as amended, is hereby further amended to read as follows: "Section 204.
Persons subject to tax, to issue sales invoices or receipts. — All
persons subject to an internal revenue tax, shall, for each sale or
transfer of merchandise or for services rendered valued at two pesos or
more, prepare and issue sales or commercial invoices or receipts
serially numbered in duplicate, showing, among other things, their
names, or styles, if any, and business addresses: Provided, That in
case of sales, receipts or transfers in the amount of fifty pesos or
more, the invoices or receipts shall further show the name, or style,
if any, and business address of the purchaser, customer or client. The
original of each sales invoice or receipts shall be issued to the
purchaser, customer, or client who, if engaged in any taxable business,
shall keep and preserve the same in his place of business for a period
of five years from the date of the invoice or receipt, the duplicate to
be kept and preserved by the persons subject to tax, also in his place
of business for a like period: Provided, That persons subject to tax,
whose gross sales, earnings or receipts during the last preceding year
exceed twenty thousand pesos shall, for each sale or transaction, issue
an invoice or receipt, irrespective of the value of the article sold or
service rendered.
"The Collector of Internal
Revenue may, in meritorious cases, exempt any person subject to an
internal revenue tax, from compliance with the provisions of this
section."
Section 19. Section two hundred eight of Commonwealth Act Numbered Four hundred sixty-six, as amended, is hereby further amended to read as follows: "Section 208.
Unlawful pursuit of business or occupation. — Any person who distills,
rectifies, repacks, compounds, or manufactures any article subject to a
specific tax, without having paid the privilege tax therefor as
required by law, or whods or abets in the conduct of illicit
distilling, rectifying, repacking, compounding, or illicit manufacture
of any article subject to a specific tax shall, in addition to being
liable for the payment of such tax, be punished by a fine in a sum not
less than two thousand pesos nor more than ten thousand pesos and by
imprisonment for a term of not less than six months nor more than six
years; and all articles distilled, rectified, repacked, compounded or
manufactured, and all personal property found at the distillery,
repacking, rectifying, compounding, or manufacturing establishment or
in any building, room, yard, or inclosure connected therewith and used
with or constituting a part of the premises on which the distilling,
repacking, rectifying, compounding, or manufacturing of said article is
carried on, and all the right, title, and interest of such person in
the lot or tract of land in which such distillery, repacking,
rectifying, compounding, or manufacturing establishment is situated,
and all the right, title and interest therein of every person who
knowingly or with negligence has suffered or permitted the business of
a distiller, repacker, rectifier, compounder or manufacturer of any
article subject to a specific tax to be there carried on or has
connived at the same, shall be forfeited.
"In case of reincidence, the
offender under the first paragraph hereof shall be punished by a fine
of not less than two thousand pesos nor more than fifteen thousand
pesos or by imprisonment of not less than two years nor more than
twelve years or both.
"Any person who carries on any other business, or pursues any calling for which a fixed privilege tax is imposed without paying such tax as required by law or whods or abets in the conduct of such business, shall, in addition to being liable to the payment of such tax, be punished by a fine in a sum of not exceeding one thousand pesos or by imprisonment for a term not exceeding six months or both." Section 20. Section two hundred nine of Commonwealth Act Numbered Four hundred sixty-six, as amended, is hereby further amended to read as follows: "Section 209.
Failure to make return of receipts, sales receipts, or gross value of
output removed, or pay the tax due thereon. — Any person who, being
required under this Title to make a return of the amount of his
receipts, sales, business, or gross value of output actually removed,
or pay the tax due thereon, shall fail or neglect to make such return
or pay such tax within the time required, shall be punished by a fine
not exceeding five thousand pesos and by imprisonment for a term not
exceeding one year.
"Any such person who shall make a false or fraudulent return shall, besides being liable to the surcharge prescribed in section one hundred eighty-three of this Title, be punished by a fine of not less than two thousand pesos nor more than ten thousand pesos and by imprisonment of not less than six months but not more than six years." Section 21. This Act shall take effect upon its approval. Approved: August 24, 1956, except Section 10. |


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