2021 tax law notes
This is based on Atty. Lumbera's lecture. It is strongly advised that only those who have heard her lecture should read these notes.
- Taxes in the Philippines may be national, local or tariff/customs duties.
- National taxes = mainly the Tax Code.
- Local taxes = mainly the Local Government Code.
- National taxes = income tax, value-added tax (VAT), donor's tax, percentage tax, excise tax, documentary stamp tax (DST), and estate tax.
- VAT and percentages taxes = business taxes.
- Estate and donor's taxes = transfer taxes.
- Excise tax = tax on manufacture and production; and importation.
- DST = execution or issuance of documents in view of transactions.
- Tax remedies = of the government and of the taxpayer.
- Ordinary local taxes = indicated in the Tax Code.
- Ordinary local taxes = passed by the Sanggunian.
- Real property tax = local tax = not included in the Tax Code but authorized to be levied.
- Local tax remedies = primarily governed by the Local Government Code.
- Tariff and customs duties = primarily government by the Customs Modernization and Tariff Act.
- Jurisprudence interprets tax laws.
- In case of doubt whether to impose, do not impose (per Atty. Lumbera).
- BIR regulations and issuances = revenue regulation, revenue memorandum circular, revenue memorandum order, etc.
- A natural person gets income from salary as employee = compensation earner;
- A natural person gets income from exercise of profession = self-employed professional.
- A natural persons gets income from trade or business = self-employed individual.
- Those earning from different sources of income = mixed-income earner.
- Corporations always source income from trade or business.
- A corporation is a corporate taxpayer.
- A natural person is an individual taxpayer.
- Mere conduct of activity may subject you to VAT or percentage tax (per Atty. Lumbera).
- Double taxation in the broad sense may occur due to the many different taxes.