Tax Amnesty Act

tax amnesty philippines

 

Simply put, the Tax Amnesty Act is a ONE-TIME opportunity to settle tax obligations–estate tax and general tax–at a reasonable rate.

Estate tax

If a decedent died on or before December 31, 2017, and has an unpaid or accrued estate tax(es) as of the aforementioned date, his/her estate is covered.

  • Final and executory delinquent estate tax liabilities
  • Those covered by Tax Amnesty on Delinquencies
  • Properties with pending cases:
    • under the jurisdiction of the Presidential Commission of Good Government
    • due to unexplained or unlawfully acquired wealth under R.A. No. 3019 and R.A. No. 7080
    • due to violations of R.A. No. 9160 (Anti-Money Laundering Act)
    • due to tax evasion
    • due to other criminal offenses under Chapter II of Title X of the National Internal Revenue Code of 1997, as amended
    • due to felonies of frauds, illegal exactions and transactions, and malversation of public funds and property

Six percent (6%) of the total net taxable estate at the time of death provided that the estate amnesty tax is at least five thousand pesos (PhP5,000).

Also, there will be penalties at every stage of transfer of property as long as the rules of succession of the Civil Code of the Philippines is followed.

  • All properties that are real and personal whether tangible or intangible of residents and citizens of the Philippines, wherever the property is located
  • All real and personal properties located in the Philippines of non-resident aliens

In general, the valuation will be based on the fair market value at the time of death of the decedent. 

However, for real properties, the fair market value will be based either on the zonal value determined by the Commissioner of Internal Revenue or the schedule of values from the provincial and city assessors, whichever is higher.

For stock shares, the following is the basis of fair market value:

  • The price of listed and traded stocks at the time of death. If no data is available on the said death, it will be based on the average of the highest and lowest quotation on the date nearest the date of death.
  • The book value for common shares and par value for preferred shares as listed in the audited financial statement issued nearest to the date of death.

For proprietary shares, the value will be based on the bid price either on the date of death or the date nearest to it. If no information is available, it will be based on the price published in a major newspaper.

For cash in bank, whatever the currency, the value will be based on the peso value of the balance on the date of death.

  • Executor
  • Administrator
  • Legal heirs
  • Transferees
  • Beneficiaries

Within two years from the effectivity of the Regulations.

  • The RDO which has the jurisdiction over where the decedent last resided if the decedent is a Philippine resident.
  • The RDO which has the jurisdiction over where the executor or administrator resides or is registered if the decedent is not a resident of the Philippines.
  • RDO No. 39-South Quezon City if the non-resident decedent has no executor or administrator in the Philippines.
  • The venue determined by the Commissioner of Internal Revenue for some cases.

Before paying, present the accomplished ETAR, Acceptance Payment Form (APF), and documents listed in the ETAR to the concerned RDO. The RDO will then endorse the APF. Present the endorsed APF at an Authorized Agent Bank or Revenue Collection Officers for payment.

Submit the proof of payment with APF, ETAR, and required documents in triplicate copies to the RDO.

It will be treated as non-availment of the amnesty. Any payment made will be deducted from the total tax due plus the penalties.

If there are properties not included in the previous return, legal representatives (i.e. heirs, administrators, or executors) can file ETAR or amended ETAR, if applicable, and pay the estate amnesty tax as outlined above.

Properties included in the Estate Tax Amnesty availment which are likewise subject of taxable donation/sale shall be assessed of the corresponding donor’s/capital gains/or other applicable taxes at the time of donation/sale including penalties, if applicable.

You can get a copy of the certificate 15 calendar days from the date all the documents are filed.

Tax Amnesty on Delinquencies

All national revenue taxes collected by the Bureau of Internal Revenue and value-added tax and excise tax by the Bureau of Customs for 2017 or earlier.

National revenue taxes are:

  • Income tax
  • Withholding tax
  • Capital gains tax
  • Donor’s tax
  • Excise tax
  • Percentage tax
  • Documentary stamp tax
  • Other national taxes
  • Final and executory delinquent tax liabilities with an existing (but denied) application for compromise based on 1) doubtful validity of the assessment and 2) financial incapacity of the taxpayer
  • Taxes with pending cases:
    • due to tax evasion
    • due to other criminal offenses under Chapter II of Title X of the National Internal Revenue Code of 1997, as amended
  • Withholding tax agents who withheld taxes but failed to remit them.
  • For final and executory delinquencies and assessments, 40% of the basic tax assessed.
  • For tax cases subject of final and executory judgment by the courts, 50% of the basic tax assessed.
  • For pending criminal cases filed with the Department of Justice or courts for tax evasion and other criminal offenses, with duly issued assessments, 60% of the basic tax assessed.
  • For Withholding tax agents who withheld taxes but failed to remit them, 100% of the basic tax assessed.

The Tax Amnesty on Delinquencies may be availed within one (1) year after the Implementing Rules and Regulations takes effect.

File at the RDO that has jurisdiction over the taxpayer.

Bring the sworn Tax Amnesty on Delinquencies Return along with the Certification of Delinquency. Pay the amnesty tax on the same day of filing.

Disclaimer: Although this article is based on the Philippines’ official gazette, this is not an official RR from the Bureau. Should there be any discrepancies in the information, please consult the nearest BIR office.

Oojeema is the FIRST accounting software made specifically for Philippine businesses.