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Questions and Answers
Documentary Stamp Tax applies to documents, loan agreements, and papers that evidence the transfer of property rights.
Documentary Stamp Tax applies to documents, loan agreements, and papers that evidence the transfer of property rights.
True (A)
BIR Form 2000-OT is used for all Documentary Stamp Tax declarations, including those involving multiple transactions.
BIR Form 2000-OT is used for all Documentary Stamp Tax declarations, including those involving multiple transactions.
False (B)
For original share issues with par value under Section 174, DST is computed based on the actual consideration received.
For original share issues with par value under Section 174, DST is computed based on the actual consideration received.
False (B)
The documentary stamp tax for stock without par value is .5% of the original stock issuance.
The documentary stamp tax for stock without par value is .5% of the original stock issuance.
For sales or transfers of shares under Section 175, DST is based on the DST paid upon the original issuance of said stock for stock without par value
For sales or transfers of shares under Section 175, DST is based on the DST paid upon the original issuance of said stock for stock without par value
For bonds issued in foreign countries, the documentary stamp tax is based on the market value.
For bonds issued in foreign countries, the documentary stamp tax is based on the market value.
The tax due per unit for a certificate of profits or interest in property or accumulation is P1.00 per P200.00 or fraction thereof.
The tax due per unit for a certificate of profits or interest in property or accumulation is P1.00 per P200.00 or fraction thereof.
All debt instruments with a term of less than one year are subject to a flat DST rate, regardless of the number of days.
All debt instruments with a term of less than one year are subject to a flat DST rate, regardless of the number of days.
The DST rate for all bills of exchange or drafts is uniformly 0.60 per P200.00 or fraction thereof.
The DST rate for all bills of exchange or drafts is uniformly 0.60 per P200.00 or fraction thereof.
For life insurance policies, if the insurance exceeds P1,000,000, The documentary stamp tax is 200.00.
For life insurance policies, if the insurance exceeds P1,000,000, The documentary stamp tax is 200.00.
The DST rate for policies of insurance upon property is 1% of premium charged.
The DST rate for policies of insurance upon property is 1% of premium charged.
The Documentary Stamp Tax, for policies of annuities is 0.5% of the premium, installment payment, or contract price, whichever is collected.
The Documentary Stamp Tax, for policies of annuities is 0.5% of the premium, installment payment, or contract price, whichever is collected.
The DST for indemnity bonds is based on P4.00 or fraction thereof.
The DST for indemnity bonds is based on P4.00 or fraction thereof.
For Bills of Lading or Receipts, if the value of goods exceeds P2,000.00 the documentary stamp tax is 20.00.
For Bills of Lading or Receipts, if the value of goods exceeds P2,000.00 the documentary stamp tax is 20.00.
Under Section 194, for leases or hiring agreements, the DST for every P1,000 in excess of the first P2,000 is 0.5% for each year of the term
Under Section 194, for leases or hiring agreements, the DST for every P1,000 in excess of the first P2,000 is 0.5% for each year of the term
DST is based on P5,000 or fractional part thereof in excess of 10,000 for Mortgage or Pledge.
DST is based on P5,000 or fractional part thereof in excess of 10,000 for Mortgage or Pledge.
The electronic Documentary Stamp Tax (eDST) System capable of providing a 5-layer watermark on stamps for added security.
The electronic Documentary Stamp Tax (eDST) System capable of providing a 5-layer watermark on stamps for added security.
Electronic documents are exempt from DST due to the nature of their format.
Electronic documents are exempt from DST due to the nature of their format.
The loan agreements signed abroad pertaining to objects located outside of the Philippines are exempt from documentary stamp tax.
The loan agreements signed abroad pertaining to objects located outside of the Philippines are exempt from documentary stamp tax.
Agreements under financial leasing are subject to DST under Section 179 of the NIRC, as amended.
Agreements under financial leasing are subject to DST under Section 179 of the NIRC, as amended.
Flashcards
Documentary Stamp Tax
Documentary Stamp Tax
Tax on documents, instruments, loan agreements, and papers evidencing the acceptance, assignment, sale, or transfer of an obligation, right, or property incident thereto.
BIR Form 2000
BIR Form 2000
BIR Form used for Documentary Stamp Tax Declaration Return.
DST rate on original shares (par value)
DST rate on original shares (par value)
Tax rate on the original issue of shares of stock with par value.
DST rate on original shares (no par value)
DST rate on original shares (no par value)
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Certificates Tax Rate
Certificates Tax Rate
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Who files DST return?
Who files DST return?
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DST on electronic documents?
DST on electronic documents?
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What is in a debt instrument?
What is in a debt instrument?
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Financial Lease Tax
Financial Lease Tax
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DST filing deadline
DST filing deadline
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Loan agreements signed abroad
Loan agreements signed abroad
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Study Notes
- Documentary Stamp Tax is levied on documents, instruments, loan agreements, and papers that evidence the acceptance, assignment, sale, or transfer of an obligation, right, or property.
Tax Forms
- BIR Form 2000 is for the Documentary Stamp Tax Declaration Return
- BIR Form 2000-OT is for the Documentary Stamp Tax Declaration Return for One-Time Transactions
Tax Rates (See Tax Code)
-
Original Issue of Shares of Stock with par value (Tax Code Section 174):
- Taxable unit is P200.00 or fraction thereof
- Tax due per unit is P2.00
- Taxable base is the par value of shares of stocks
- Percentage of unit is 1%
-
Original Issue of Shares of Stock without par value (Tax Code Section 174):
- Taxable unit is P200.00 or fraction thereof
- Tax due per unit is P2.00
- Taxable base is the actual consideration for the issuance of shares of stocks
- Percentage of unit is 1%
-
Stock Dividend (Tax Code Section 174):
- Taxable unit is P200.00 or fraction thereof
- Tax due per unit is P2.00
- Taxable base is the actual value represented by each share
- Percentage of unit is 1%
-
Sales, Agreements to Sell, Memoranda of Sales, Deliveries or Transfer of Shares or Certificates of Stock (Tax Code Section 175):
- Taxable unit is P200.00 or fraction thereof
- Tax due per unit is P1.50.
- Taxable base is the par value of such stock
- Percentage of unit is 0.75% and 50%
-
Stock without par value (Tax Code Section 175):
- The taxable base is the DST paid upon the original issuance of said stock
-
Bonds, Debentures, Certificate of Stock or Indebtedness issued in foreign Countries (Tax Code Section 176):
- Taxable unit is P200.00 or fraction thereof
- Tax due per unit is P0.75
- Taxable base is the par value of such bonds, debentures, Certificate of Stock, or indebtedness
- Percentage of unit is 0.375%
-
Certificate of Profits or Interest in Property or Accumulation (Tax Code Section 177):
- Taxable unit is P200.00 or fraction thereof
- Tax due per unit is P1.00
- Taxable base is the face value of such certificates/memorandum
- Percentage of unit is 0.5%
-
Bank Checks, Drafts, Certificate of Deposit not bearing interest and other Instruments (Tax Code Section 178):
- Taxable unit is per document
- Tax due per unit is P3.00
-
All Debt Instruments (Tax Code Section 179):
- Taxable unit is P200.00 or fraction thereof
- Tax due per unit is P1.50
- Taxable base is the issue price of any such debt instruments or a fraction of 365 days for instrument with a term of less than 1 year
- Percentage of unit is 0.75%
-
All Bills of Exchange or Drafts (Tax Code Section 180):
- Taxable unit is P200.00 or fraction thereof
- Tax due per unit is P0.60
- Taxable base is the face value of any such bill of exchange or draft
- Percentage of unit is 0.3%
-
Acceptance of Bills of Exchange or order for the payment of money purporting to be drawn in a foreign country but payable in the Philippines (Tax Code Section 181):
- Taxable unit is P200.00 or fraction thereof
- Tax due per unit is P0.60
- Taxable base is the face value of such bill of exchange or order, or the Philippine equivalent of such value if expressed in foreign currency
- Percentage of unit is 0.3%
-
Foreign Bills of Exchange and Letters of Credit (Tax Code Section 182):
- Taxable unit is P200.00 or fraction thereof
- Tax due per unit is P0.60
- Taxable base is the face value of such bill of exchange or letter of credit, or the Philippine equivalent of such value, if expressed in foreign currency
- Percentage of unit is 0.3%
-
Life Insurance Policies (Tax Code Section 183):
- If the amount of insurance does not exceed P100,000.00, it's exempt
- If the amount of insurance exceeds P100,000.00 but does not exceed P300,000.00, the tax due is P20.00.
- If the amount of insurance exceeds P300,000.00 but does not exceed P500,000.00, the tax due is P50.00.
- If the amount of insurance exceeds P500,000.00 but does not exceed P750,000.00, the tax due is P100.00.
- If the amount of insurance exceeds P750,000.00 but does not exceed P1,000,000.00, the tax due is P150.00.
- If the amount of insurance exceeds P1,000,000.00, the tax due is P200.00.
- The taxable base is the amount of insurance
-
Policies of Insurance upon Property (Tax Code Section 184):
- Taxable unit is P4.00 premium or fraction thereof
- Tax due per unit is P0.50
- Taxable base is the premium charged
- Percentage of unit is 12.5%
-
Fidelity Bonds and other Insurance Policies (Tax Code Section 185):
- Taxable unit is P4.00 premium or fraction thereof
- Tax due per unit is P0.50
- Taxable base is the premium charged
- Percentage of unit is 12.5%
-
Policies of Annuities or other instruments (Tax Code Section 186):
- Taxable unit is P200.00 or fraction thereof
- Tax due per unit is P1.00
- Taxable base is the premium or installment payment or contract price collected
- Percentage of unit is 0.5%
-
Pre-Need Plans (Tax Code Section 186):
- Taxable unit is P200.00 or fraction thereof
- Tax due per unit is P0.40
- Taxable base is the premium or contribution collected
- Percentage of unit is 0.20%
-
Indemnity Bonds (Tax Code Section 187):
- Taxable unit is P4.00 or fraction thereof
- Tax due per unit is P0.30
- Taxable base is the premium charged
- Percentage of unit is 7.5%
-
Certificates of Damage or otherwise and Certificate or document issued by any customs officers, marine surveyor, notary public, and certificate required by law or by rules and regulations of a public office (Tax Code Section 188):
- Taxable unit is each certificate
- Tax due per unit is P30.00
-
Warehouse Receipts (except if value does not exceed P200.00) (Tax Code Section 189):
- Taxable unit is each receipt
- Tax due per unit is P30.00
-
Jai-alai, Horse Race Tickets, Lotto or Other Authorized Number Games (Tax Code Section 190):
- Taxable unit is P1.00 and below cost of ticket
- Tax due per unit is P0.20
- Taxable base is cost of the ticket
- Percentage of unit is 20%
-
Additional tax for Jai-alai, Horse Race Tickets, Lotto or Other Authorized Number Games (Tax Code Section 190):
- Applies to every P1.00 or fraction thereof if the cost of the ticket exceeds P1.00
-
Bills of Lading or Receipts (except charter party) (Tax Code Section 191):
- If the value of such goods exceeds P100.00 and does not exceed P1,000.00, the tax due is P2.00
- If the value exceeds P1,000.00, the tax due is P20.00
- Freight tickets covering goods, merchandise, or effects carried as accompanied baggage of passengers on land and water carriers primarily engaged in the transportation of passengers are exempt
- Taxable base is the value of such goods
-
Proxies (except proxies issued affecting the affairs of associations or corporations, organized for religious, charitable or literary purposes) (Tax Code Section 192):
- Taxable unit is each proxy
- Tax due per unit is P30.00
-
Powers of Attorney (except acts connected with the collection of claims due from or accruing to the Government of the Republic of the Philippines, or the government of any province, city, or Municipality) (Tax Code Section 193):
- Taxable unit is each document
- Tax due per unit is P10.00
-
Leases and other Hiring agreements or memorandum or contract for hire, use or rent of any lands or tenements or portions thereof (Tax Code Section 194):
- Taxable unit is First 2,000 or fractional part thereof
- Tax due per unit is P6.00
- Percentage of unit is 0.3%
-
Leases and other Hiring agreements or memorandum or contract for hire, use or rent of any lands or tenements or portions thereof (Tax Code Section 194):
- Taxable unit is For every P1,000 or fractional part thereof in excess of the first P2,000 for each year of the term of the said contract or agreement
- Tax due per unit is P2.00
- Percentage of unit is 0.2%
-
Mortgage or Pledge of lands, estate, or property and Deeds of Trust (Tax Code Section 195):
- Taxable unit is First 5,000
- Tax due per unit is P40.00
- Taxable base is Amount Secured
- Percentage of unit is 0.8%
-
Mortgage or Pledge of lands, estate, or property and Deeds of Trust (Tax Code Section 195):
- Taxable unit is On each P5,000 or fractional part thereof in excess of 5,000
- Tax due per unit is P20.00
- *Taxable base is Amount Secured
- Percentage of unit is 0.4%
-
Deed of Sale, Conveyances, Donations of Real Property (except grants, patents or original certificate of adjudication issued by the government) (Tax Code Section 196):
- Taxable unit is First 1,000
- Tax due per unit is P15.00
- Taxable base is Consideration or Fair Market Value, whichever is higher (if government is a party, basis shall be the consideration)
- Percentage of unit is 1.5%
-
Deed of Sale, Conveyances, Donations of Real Property (except grants, patents or original certificate of adjudication issued by the government) (Tax Code Section 196):
- Taxable unit is For each additional P1,000 or fractional part thereof in excess of P1,000
- Tax due per unit is P15.00
- Taxable base is Consideration or Fair Market Value, whichever is higher (if government is a party, basis shall be the consideration)
- Percentage of unit is 1.5%
-
Charter parties and Similar Instruments (Tax Code Section 197):
- If gross tonnage of the ship, vessel, or steamer is 1,000 tons and below, the tax for the 1st 6 months is P1,000.00, plus an excess amount of P100.00
- If gross tonnage is 1,001 to 10,000 tons, the tax for the 1st 6 months is P2,000.00, plus an excess amount of P200.00
- If gross tonnage is over 10,000 tons, the tax for the 1st 6 months is P3,000, plus an excess amount of P300
- Taxable base is Registered gross tonnage
-
Stamp Tax on Assignments and Renewals or Continuance of Certain Instruments (Tax Code Section 198):
- The tax rate is the same rate as that imposed on the original instrument
Who Shall File
- In constructive affixture cases, the person making, signing, issuing, accepting, or transferring the documents is responsible for filing.
- For eDST System users, taxpayers mandated to use the web-based system for DST liabilities must file.
- A revenue collection agent files for remittance of sold loose documentary stamps.
- If one party is exempt, the non-exempt party is directly liable for the tax.
When and Where to File
- The return must be filed within five days after the month's close when the taxable document was made, signed, issued, accepted or transferred, or upon remittance by revenue collection agents of loose documentary stamps.
- File with the Authorized Agent Bank (AAB) in the Revenue District Office where the taxpayer's residence/business is located or where the collection agent is assigned.
- If no AAB is available, file directly with the Revenue Collection Officer (RCO) in the Revenue District Office with jurisdiction.
When and Where to Pay
- Pay the total amount to the AAB where the return is filed within five days after the month the taxable document was made.
- In areas without AABs, pay the Revenue Collection Officer.
- When filing with an AAB, taxpayers must submit a BIR-prescribed deposit slip for bank validation.
- The AAB stamps "Received" on the return, validating it with payment details.
- Bank debit memo number and date should be on the return for taxpayers paying via bank debit.
For eDST System User
- Taxpayers must enroll in the BIR Electronic Filing and Payment System (eFPS) before using the eDST System
- BIR Form No. 2000 must be filed and the amount due paid through the eFPS
For eFPS Taxpayer
- Electronically filing and paying taxes must adhere to existing revenue issuance provisions.
Who Shall File (Specific Transactions)
- The person making, signing, issuing, accepting or transferring the document or facility evidencing a transaction pertaining to the following must file:
- Sales, agreements to sell, or transfer of shares, including transfers by assignment, delivery, or other agreements.
- Conveyances, donations, deeds, or writings transferring realty, excluding government grants or patents.
When and Where to File and Pay
- Returns must filed and tax paid within five days after them month when the taxable document was made, signed, issued, accepted, or transferred.
- Returns and Payments are made to the Authorized Agent Bank (AAB) in the Revenue District Office (RDO) where the seller/ transferor/ donor is registered, or where the property is located for real estate sales.
- Payments exceeding twenty thousand pesos (P 20,000.00) must be made through Manager’s Check or Cashier’s Check to the Revenue Collection Officer.
Documents/Papers Not Subject to Documentary Stamp Tax
- Policies related to fraternal or beneficiary societies operated for the exclusive benefit of its members
- Oaths or acknowledgements by government officials in official capacity
- Court appearances by government officials in official capacity
- Statements and other compulsory information required by national, provincial, city, or municipal governments exclusively for statistical purposes
- Certificates of the assessed value of lands, not exceeding P200
- Borrowing and lending of securities executed under the Securities Borrowing and Lending Program of a registered exchange
- Loan agreements or promissory notes, the aggregate of which does not exceed Two hundred fifty thousand pesos (P250,000), executed by an individual for personal use and not for business of a house
The following are also not subject to DST:
- Assignment or transfer of mortgage, lease or insurance policy, or renewal of any agreement with no change in maturity date or coverage.
- Fixed income and other securities traded in the secondary market or through an exchange.
- Inter-branch or interdepartmental advances within the same legal entity
- Bank deposit accounts without a fixed term or maturity.
Donations or gifts exempt from donor’s tax are also exempt from DST:
- Gifts made to the National Government or its agencies, not conducted for profit or to any political subdivision of the government
- Gifts to educational, religious, cultural, or social welfare orgnanization, where no more than 30% will be used for administrative purposes.
- Gifts made by a non-resident not a citizen of the Philippines to the National Government or its agencies, not conducted for profit or to any political subdivision of the government
Implications of Failure to Stamp Taxable Documents
- An unstamped instrument cannot be recorded or used as evidence in court until the proper stamps are affixed and cancelled.
- Notary Public cannot add jurat or acknowledgment to any document without the proper stamps.
Electronic Documentary Stamp Tax (eDST) System
- The eDST is a web application for taxpayers to affix a secured documentary stamp on taxable documents.
DST Law on Electronic Documents
- DST rates apply to all documents not expressly exempted, regardless of being in electronic form.
Inclusions of a Debt Instrument
- Include debentures, certificates of indebtedness, due bills, bonds, loan agreements, instruments and securities issued by the government, certificates or other evidences of deposits that are drawing interest.
Financial Lease
- Any document, transaction, or arrangement entered into under financial lease is subject to DST.
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