Transition Procedures for All Taxpayers Affected by the Revised Tax Rates on Documentary Stamp Tax Pursuant to the Provisions of Republic Act (RA) No. 10963, Otherwise Known as the Tax Reform for Acceleration and Inclusion (TRAIN)
Revenue Memorandum Circular No. 003-18 outlines transition procedures for taxpayers affected by revised documentary stamp tax rates under Republic Act No. 10963 (TRAIN). The circular specifies the new tax rates for various BIR Form Nos. 2000 and 2000-OT, indicating significant increases, primarily by 100%, except for certain transactions. Taxpayers using electronic filing systems must adjust their tax computations manually until system updates are implemented. Manual filers are instructed to use updated forms and pay the correct tax amounts, with responsibilities for accurate reporting emphasized to avoid penalties for any deficiencies discovered later.
January 4, 2018
REVENUE MEMORANDUM CIRCULAR NO. 003-18
| SUBJECT | : | Transition Procedures for All Taxpayers Affected by the Revised Tax Rates on Documentary Stamp Tax Pursuant to the Provisions of Republic Act (RA) No. 10963, Otherwise Known as the Tax Reform for Acceleration and Inclusion (TRAIN) |
| TO | : | All Internal Revenue Officials, Employees and Others Concerned |
This Circular is issued to provide transition procedures for all taxpayers who are affected in filing the documentary stamp tax returns (BIR Form Nos. 2000 and 2000-OT) due to the revised tax rates pursuant to the provisions of RA No. 10963.
The abovementioned BIR forms are being enhanced and the Alphanumeric Tax Codes (ATCs) affected by the increase in tax rates are as follows:
|
BIR Form No. |
Form Name |
ATC Affected |
Changes in Tax Rate |
|
1. 2000 |
Documentary Stamp Tax Declaration/Return |
DS 101, 102, 104 to 109, 112, 114 to 121, 125, 126, 130 to 132 |
Increase in the tax rate is 100% except for DS 106, which is 50% only |
|
2. 2000-OT |
Documentary Stamp Tax Declaration/Return — One Time Transactions |
DS 102 and 125 |
Increase in the tax rate is 100% |
The changes in tax rates mentioned above are not yet reflected and implemented in the following:
1. Electronic Filing and Payment System (eFPS);
2. Electronic Bureau of Internal Revenue Forms (eBIRForms); and
3. Manual Forms
thus, the following work around procedures in filing the BIR Form/Return mentioned above shall be adopted by the following taxpayers:
1. eFPS Filers of BIR Form No. 2000 shall —
a) Use the existing BIR form in the eFPS;
b) Fill in the required information (e.g., date of transactions, parties to the transactions, etc.);
c) Click and choose the applicable ATC, nature of transaction, tax rate and tax due will automatically appear;
d) Change the amount of tax due computed by the system with the correct amount using the new tax rate as follows:
|
ATC |
Description |
New Tax Rate |
|
a. DS 101 |
Original issue of Shares of Stocks |
P2.00/200 |
|
b. DS 102 |
Sales, Agreements to Sell, Memoranda of Sales, Deliveries or Transfer of Shares or Certificates of Stock with par value |
P1.50/200 |
|
c. DS 125 |
In case of stock without par value |
50% of DST paid on original issue |
|
d. DS 104 |
Certificates of Profits or Interest in Property or Accumulations |
P1.00/200 |
|
e. DS 105 |
Bank Checks, Drafts, Certificates of Deposit not Bearing Interest and Other Instruments |
P3.00 |
|
f. DS 106 |
Original Issue of All Debt Instruments |
P1.50/200 of issue price or a fraction of 365 days for instrument with term of less than 1 year |
|
g. DS 107 |
Acceptance of Bills of Exchange or Order drawn in a Foreign Country but payable in the Philippines |
P0.60/200 |
|
h. DS 108 |
Foreign Bills of Exchange and Letters of Credit |
P0.60/200 |
|
i. DS 109 |
Life Insurance Policies amount: |
|
|
Does not exceed P100,000 |
Exempt |
|
|
Exceeds P100,000 but does not exceed P300,000 |
P20.00 |
|
|
Exceeds P300,000 but does not exceed P500,000 |
P50.00 |
|
|
Exceeds P500,000 but does not exceed P750,000 |
P100.00 |
|
|
Exceeds P750,000 but does not exceed P1,000,000 |
P150.00 |
|
|
Exceeds P1,000,000 |
P200.00 |
|
|
j. DS 112 |
Policies of Annuities |
P1.00/200 of the premium or installment payment on contract price collected |
|
Pre-Need Plans |
P0.40/200 of the premium or contribution collected |
|
|
k. DS 114 |
Certificates (Sec. 188 of the Tax Code) |
P30.00 |
|
l. DS 115 |
Warehouse Receipts |
P30.00 with value above 200 |
|
m. DS 116 |
Jai-alai, Horse Race Tickets, Lotto or Other Authorized Number Games |
P0.20/P1.00 |
|
n. DS 117 |
Bills of Lading or Receipts |
P100.00 to P1,000 P2.00 Above P1,000 P20.00 |
|
o. DS 118 |
Proxies for voting at any election |
P30.00 |
|
p. DS 119 |
Powers of Attorney |
P10.00 |
|
q. DS 120 |
Leases and Other Hiring Agreements |
1st P2,000 P6.00In excess (P2.00/P1,000) |
|
r. DS 121 |
Mortgages, Pledges and Deeds of Trust |
1st P5,000 P40.00In excess (P20.00/P5,000) |
|
s. DS 126 |
Bills of Exchange or Drafts |
P0.60 on each P200 |
|
|
Charter Parties and Similar Instruments if gross tonnage of the ship, vessel or steamer is: |
|
|
t. DS 130 |
1,000 tons and below |
1st 6 months P1,000In excess + P100 |
|
u. DS 131 |
1,001 to 10,000 tons |
1st 6 months P2,000In excess + P200 |
|
v. DS 132 |
Over 10,000 tons |
1st 6 months P3,000In excess + P300 |
e) File the return then proceed to payment and pay the corrected tax due thereon.
2. eBIRForms Users/Filers of BIR Form Nos. 2000 and/or 2000-OT shall —
1. File online using the existing BIR form in the eBIRForms Package then pay the corresponding taxes due thereon via:
a) Online payment thru GCash, Landbank Electronic Payment Service (LBEPS) or BIR-DBP PayTax Online (BDPTO); or
b) Manual payment via over-the-counter (OTC) of Authorized Agent Banks (AABs) under the jurisdiction of the Revenue District Office (RDO) where the taxpayer is registered.
2. The above transactions will result to deficiency tax, and to cover the deficiency tax, eBIRForms users/filers shall likewise file online and pay online, thru GCash, LBEPS or BDPTO, or pay manually via OTC of AABs under the jurisdiction of the RDO where the taxpayer is registered, the deficiency tax using BIR Form No. 0605 and fill in the corresponding information in the Tax Type and ATC fields stated below in lieu of the correct BIR form that should have been used:
|
Supposed BIR Form to be Used |
Tax Type |
ATC |
|
1. 2000 |
DS Documentary Stamp Tax |
All eBIRForms filers shall use ATC MC 031 — Deficiency Tax |
|
2. 2000-OT |
DO Documentary Stamp Tax — One Time |
3. Manual Filers of BIR Form Nos. 2000 and/or 2000-OT shall —
1. Fill-in the applicable BIR form [pre-printed or downloaded form in BIR website (www.bir.gov.ph) under the BIR Forms section of the website] using the new tax rates then compute the tax due thereon.
2. File and pay manually via OTC of AABs under the jurisdiction of the RDO where the taxpayer is registered.
All concerned taxpayers shall be responsible in ensuring that the correct tax due is being declared and paid for accordingly. Any deficiency taxes that will be discovered in the validation/audit process shall be subjected to all applicable penalties incident thereto in accordance with existing rules and regulations.
All concerned are hereby enjoined to be guided accordingly and give this Circular as wide a publicity as possible.
(SGD.) CAESAR R. DULAY
Commissioner of Internal Revenue