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Chapter 11

Documentary Stamp Tax (DST) is an excise tax on various documents and instruments related to financial transactions, with liability typically falling on the party involved in the document's creation or transfer. DST must be filed and paid within five days after the month of the transaction, and failure to pay does not invalidate the document but restricts its use in legal contexts. The document outlines specific tax rates for different types of instruments and lists exemptions from the tax.

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0% found this document useful (0 votes)
24 views11 pages

Chapter 11

Documentary Stamp Tax (DST) is an excise tax on various documents and instruments related to financial transactions, with liability typically falling on the party involved in the document's creation or transfer. DST must be filed and paid within five days after the month of the transaction, and failure to pay does not invalidate the document but restricts its use in legal contexts. The document outlines specific tax rates for different types of instruments and lists exemptions from the tax.

Uploaded by

jhmalubay
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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Documentary

Stamp Tax
 DST is an excise tax levied on documents, instruments, loan
agreements and papers evidencing the acceptance, assignment, sale or
transfer of an obligation rights, or property incident thereto. The
amount of tax is either fix or based on par or face value of the document
or instrument.

Liability to pay DST


 DST is paid by the person making, signing, issuing, accepting, or
transferring the documents. However, whenever one party to the
taxable document enjoys exemption from the tax, the other party
thereto who is not exempt shall be the one directly liable for the tax.

Filing and Payment


 within 5 days after the close of the month when the taxable document
was signed, issued, accepted or transferred.
Effect of Failure to pay DST
 Failure to stamp a taxable document shall not invalidate the same.
However, it shall not be recorded (i.e. in the Registry of Deeds) or
admitted or used as evidence in any court until the requisite stamp is
affixed thereto and cancelled.
 No notary or other officer authorized to administer oaths shall add his
jurat or acknowledgment to the document unless the proper
documentary stamp is affixed thereto and cancelled.
Document / Instrument Tax Due /Rate
1. Original issue of shares of stock (Sec. 174) P2.00 per P200 or fraction thereof, or 1% of:
a. With par value The par value
b. Without par value The actual consideration
Stock/Share dividend The actual value represented by each share
2. Sales, agreements to sell, memoranda of
sales,
deliveries or transfer of shares or certificates
of stock
a. With par value P1.50 per P200 or fraction thereof, or 0.75% of the
par value
b. Without par value 50% of the DST paid on the original issue of the
stock
3. Bonds, debentures, certificates of stocks or P0.75 per P200 or fraction thereof, or 0.375% of par
indebtedness issued in foreign countries value
4. Certificates of profits or interest in P1.00 per P200 or fraction thereof, or 0.5% of face
property or value
Accumulations
5. Bank checks, drafts, certificates of deposit P3.00 per check, draft or certificate
not
bearing interest and other instruments
Document / Instrument Tax Due /Rate
8. Acceptance of bills of exchange and others P0.60 per P200 or fraction thereof or 0.30% of the
face value
9. Foreign bills of exchange and letters of P0.60 per P200 or fraction thereof or 0.30% of the
credit face value
10. Life Insurance Policies
a. If the amount of insurance does not Exempt
exceed
P100,000.00
b. If the amount of insurance exceeds P20.00
P100,000.00 but does not exceed
P300,000.00
c. If the amount of insurance exceeds P50.00
P300,000.00 but does not exceed
P500,000.00
d. If the amount of insurance exceeds P100.00
P500,000.00 but does not exceed
P750,000.00
e. If the amount of insurance exceeds P150.00
P750,000.00 but does not exceed
P1,000,000.00
f. If the amount of insurance exceeds P200.00
Document / Instrument Tax Due /Rate
13. Policies of annuities and pre-need plans
Annuities P1.00 per P200 or fraction thereof or 0.5% of the
premium or installment payment or contract price
collected
Pre-need plans P0.40 per P200 or faction thereof or 0.20% of the
premium or contribution collected
14. Indemnity bonds P0.30 on each P4.00 or fraction thereof or 7.5% of
the premium charged
15. Certificates P30.00 each certificate
16. Warehouse receipts P30.00 each receipt
17. Jai-alai and horse race tickets, lotto or P0.20/ticket worth P1.00 and additional P0.20 for
other authorized numbers games each P1.00 in excess of P1.00 cost of ticket
18. Bills of Lading or receipts
a. Value exceeding P100 but not over P2.00
P1,000
b. Value exceeding P1,000 P20.00
c. Freight tickets covering goods, Exempt
merchandise or effects carried as
accompanied baggage of passengers on
land and water carriers primarily engaged
Document / Instrument Tax Due /Rate
19. Proxies P30.00 each proxy
20. Powers of attorney P10.00 each document
21. Leases and other hiring agreements P6.00 for the first P2,000, or fraction thereof and
additional P2.00 for every P1,000 or fraction thereof,
in excess of the first P2,000 per year
22. Mortgages, pledges, and deeds of trust
a. P5,000 or less P40.00 or 0.8% of amount secured
b. On each P5,000 or fraction thereof in P20.00 or 0.4% of amount secured
excess of
P5,000
23. Deeds of sale and conveyances of real
property
a. Consideration is P1,000 or less P15.00 or 1.5% of consideration or FMV, whichever
is higher (if government is a party, basis shall be the
consideration)
b. On each P1,000 or fraction thereof in P15.00 or 1.5% of consideration or FMV, whichever
excess of is higher (if government is a party, basis shall be the
P1,000 consideration)
24. Charter parties and similar instruments
a. Registered gross tonnage of vessel does P1,000 and additional P100/month in excess
Document / Instrument Tax Due /Rate
b. Registered gross tonnage of vessel P2,000 and additional P200/month in excess
exceeds of 6 months
1,000 tons but not over 10,000 and
duration of the
charter does not exceed 6 months
c. Registered gross tonnage of vessel P3,000 and additional P300/month in excess
exceeds of6 months
P10,000 tons and duration of charter does
not
exceed 6 months
25. Stamp Tax on Assignments and renewals At the same rate as that of the original instruments
of
certain instruments
Documents and Papers Not Subject to Stamp Tax

1. Policies of insurance or annuities made or granted by a fraternal or beneficiary society,


order, association or cooperative company, operated on the lodge system or local
cooperation plan and organized and conducted solely by the members thereof for the
exclusive benefit of each member and not for profit.
2. Certificates of oaths administered to any government official in his official capacity or of
acknowledgment by any government official in the performance of his official duties,
written appearance in any court by any government official, in his official capacity;
certificates of the administration of oaths to any person as to the authenticity of any
paper required to be filed in court by any person or party thereto, whether the
proceedings be civil or criminal; papers and documents filed in courts by or for the
national, provincial, city or municipal governments; affidavits of poor persons for the
purpose of proving poverty; statements and other compulsory information required of
persons or corporations by the rules and regulations of the national, provincial, city or
municipal governments exclusively for statistical purposes and which are wholly for the
use of the bureau or office in which they are filed, and not at the instance or for the use
or benefit of the person filing them; certified copies and other certificates placed upon
documents, instruments and papers for the national, provincial, city, or municipal
governments, made at the instance and for the sole use of some other branch of the
national, provincial, city or municipal governments; and certificates of the assessed
value of lands, not exceeding Two hundred pesos (P200) in value assessed, furnished by
Documents and Papers Not Subject to Stamp Tax

3. Borrowing and lending of securities executed under the Securities Borrowing and
Lending Program of a registered exchange, or in accordance with regulations prescribed
by the appropriate regulatory authority: Provided, however, That any borrowing or
lending of securities agreement as contemplated hereof shall be duly covered by a
master securities borrowing and lending agreement acceptable to the appropriate
regulatory authority and which agreement is duly registered and approved by the
Bureau of Internal Revenue. (BIR).
4. Loan agreements or promissory notes, the aggregate of which does not exceed Two
hundred fifty thousand pesos ( P250,000) or any such amount as may be determined by
the Secretary of Finance, executed by an individual for his purchase on installment for
his personal use or that for his family and not for business or resale, barter or hire of a
house, lot, motor vehicle, appliance or furniture: Provided, however, That the amount to
be set by the Secretary of Finance shall be in accordance with a relevant price index but
not to exceed ten percent (10%) of the current amount and shall remain in force at least
for three (3) years.
5. Sale, barter or exchange of shares of stock listed and traded through the local stock
exchange.
6. Assignment or transfer of any mortgage, lease or policy of insurance, or the renewal or
continuance of any agreement, contract, charter, or any evidence of obligation or
indebtedness, if there is no change in the maturity date or remaining period of coverage
Documents and Papers Not Subject to Stamp Tax

9. Interbank or interdepartmental advances within the same legal entity.


10. All forebearances arising from sales or service contracts including credit card and trade
receivables: Provided, That the exemption be limited to those executed by the seller or
service provided.
11. Bank deposit accounts without a fixed term or maturity.
12. All contracts, deeds, documents, documents and transactions related to the conduct of
business of the Bangko Sentral ng Pilipinas.
13. Transfer of property pursuant to Section 40 (C) (2) of the National Internal Revenue
Code of 1997, as amended.
14. Interbank call loans with maturity of not more than seven (7) days to cover deficiency in
reverses against deposit liabilities including those between or among banks and quasi-
banks.
15. Remittances of all overseas Filipino workers (OFWs), upon showing of the same proof of
entitlement by the OFW's beneficiary or recipient.

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