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PRESIDENTIAL DECREE NO. 1117
PRESIDENTIAL DECREE NO. 1117 -
AMENDING Section 45 OF THE NATIONAL INTERNAL REVENUE CODE
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WHEREAS,
under Section 45 (a)(3) of the Tax Code, many individuals without
income are nevertheless required to file income tax returns;chanroblesvirtualawlibrary
WHEREAS, the number of income tax returns filed in 1975 by these
individuals totalled 1,185,340; chanroblesvirtualawlibrary
WHEREAS, the printing and processing of these returns entail so much
administrative expenditures;chanroblesvirtualawlibrary
WHEREAS, the amount of money, time and effort spent in processing and
storing these returns are not commensurate with the benefits derived or
which may be derived therefrom;chanroblesvirtualawlibrary
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:cralaw:red
Section 1. Section 45(a) of the Tax Code is hereby
amended to read as follows:cralaw:red
"Sec. 45. Individual Returns. — (a) Requirements. —
(1) The following individuals are required to file an income tax
return, if they have a gross income of at least P1,800 for the taxable
year:cralaw:red
"(A) Every Filipino Citizen, whether residing in the
Philippines or abroad and,
"(B) Every alien residing in the Philippines,
regardless of whether the gross income was derived from sources within
or outside the Philippines.
"(2) Regardless of amount, every non-resident alien
engaged in trade or business in the Philippines shall file an income
tax return.
"The income tax return shall be filed in duplicate, and shall set forth
specifically the gross amount of income from all sources, except that
of non-resident aliens engaged in trade or business in the Philippines
which shall contain only such incomes derived from sources within the
Philippines.
"(b) Where to file. — The return shall be filed with
the Commissioner, Regional Director, Revenue District Officer,
Collection Agent, duly authorized treasurer of the municipality, or
authorized agent banks in which such person has his legal residence or
place of business in the Philippines, or if there is no legal residence
or place of business in the Philippines, then with the Commissioner in
Manila.
"(c) When to file. — The return of the following
individuals shall be filed on or before the fifteenth of March of each
year, covering income of the preceding taxable year;chanroblesvirtualawlibrary
"(A) Residents of the Philippines, whether citizens
or aliens, whose income have been derived solely from salaries, wages,
interests, dividends, allowances, commissions, bonuses, fees, pensions
or any combination thereof.
"(B) The return of all other individuals not
mentioned above, including non-resident citizens shall be filed on or
before the fifteenth day of April of each year covering income of the
preceding year.
"(d) Husband and wife. — In the case of married
persons whether citizens, resident or non-resident aliens, only one
consolidated return for the taxable year shall be filed by either
spouse to cover the income of both spouses but where it is
impracticable for the spouses to file one consolidated return, each
spouse may file his separate return of income; but the returns so filed
shall be consolidated for the purpose of the tax prescribed under this
Title.
"(e) Return of parent to include income of children.
— The income of unmarried minors derived from property received from a
living parent shall be included in the return of the parent, except (1)
when the gift tax has been paid on such property, or (2) when the
transfer of such property is exempt from the gift tax. chanroblesvirtualawlibrary
"(f) Persons under disability. — If the taxpayer is
unable to make his own return, the return may be made by his duly
authorized agent or representative or by the guardian or other person
charged with the care of his person or property, the principal and his
representative or guardian assuming the responsibility of making the
return and incurring penalties provided for erroneous, false, or
fraudulent returns.
"(g) Signature presumed correct. — The fact that an
individual's name is signed to a filed return shall be prima facie
evidence for all purposes that the return was actually signed by him."
Section 2. The Secretary of Finance shall promulgate
the necessary rules and regulations for the effective implementation of
this Decree. chanroblesvirtualawlibrary
Section 3. This Decree shall take effect beginning
with the calendar year ended December 31, 1976.
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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