Documentary Stamp Tax on CIA Philippines’ Documents

By: Garry S. Pagaspas

The Bureau of Internal Revenue (BIR) has issued Revenue Memorandum Circular No. 36-2012 (RMC 36-2012)dated August 3, 2012 entitled “Clarification on whether documents mentioned in Section 199 o the Tax Code 0f 1997, as amended by Republic Act No. 9243, are subject to documentary stamp tax (DST) of P15.00 as prescribed in Section 188 of the said Code”.

RMC 36-2012 reiterates that only instruments, documents and papers of transactions expressly enumerated in Section 199 of the Tax Code, as amended, and since the certificates and other necessary documents issued by the Construction Industry Authority of the Philippines was not mentioned, the following are subject to the documentary stamp tax of P15.00:

1. Certificate of Registration of Overseas Contractors;
2. Certificates of Renewal of Registration of Overseas Contractors;
3. Contractor’s License (Original);
4. Certificate of whether a certain contractor is licensed;
5. Certified true copies of license certificates;
6. Certified true copies of documents such as Affidavit of Undertaking of Sustaining technical Employee (STE) and Curriculum Vitae of STE;
7. Certificate of Accreditation of Arbitrators; and,
8. Case documents to be used to support petition to appeal in Court of Appeals.

The RMC 36-2012 amplifies Revenue Regulations No. 13-2004 , as amended, particularly Section 199 of the Tax Code of 1997, as amended by Republic Act No. 9243.

Comments

The DST referred to under this RMC 36-2012 is the stamp that is being attached to the document above mentioned. It is not the DST that is being filed using BIR Form No. 2000. In effect, the BIR is saying that the above documents are subject to DST because they are not among the documents mentioned in Section 199 of the tax Code, as amended. As such, when you deal with the above documents, see to it that the DST of P15.00 has been stamped to the document.

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Overview of Documentary Stamp Tax in the Philippines

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(Garry S. Pagaspas is a Resource Speaker with Tax and Accounting Center, Inc. He is a Certified Public Accountant and a degree holder in Bachelor of Laws engaged in active tax practice for almost two (2) decades and a professor of taxation for more than five (5) years. He had assisted various taxpayers in ensuring tax compliance and tax management resulting to tax savings rendering tax studies, opinions, consultancies and other related services. For comments, you may please send mail at garry.pagaspas(@)taxacctgcenter.ph).

Disclaimer: This article is for general conceptual guidance only and is not a substitute for an expert opinion. Please consult your preferred tax and/or legal consultant for the specific details applicable to your circumstances. For comments, you may also please send mail at info(@)taxacctgcenter.ph, or you may post a question at Tax and Accounting Center Forum and participate therein.

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