Documentary Stamp Tax - Bureau of Internal Revenue

8/16/2019 Documentary Stamp Tax - Bureau of Internal Revenue

1/12

Documentary Stamp Tax - Bureau of Internal Revenue

UsernamePassword

Log in

Index for Documentary Stamp Tax:

Description

Documentary Stamp Tax is a tax on documents, instruments, loan agreements and papers evidencing

the acceptance, assignment, sale or transfer of an obligation, right or property incident thereto.

Tax Forms

BIR Form 2000 (Documentary Stamp Tax Declaration Return);

BIR Form 2000-OT Documentary Stamp Tax Declaration Return (ONE- TIME TRANSACTIONS)

Documentary Requirements

1) Photocopy of document(s) to which the documentary stamp shall be affixed, in case of constructive

affixture of Documentary Stamp Tax

2) Proof of exemption under special law, if applicable

3) Duly approved Tax Debit Memo, if applicable

4) Proof of payment of documentary stamp tax paid upon the original issue of the stock, if applicable.

Tax Rates

Tax

Code

Document Taxable Unit Tax Due Per

Unit

% of

Unit

Taxable Base

http://www.bir.gov.ph/index.php/bir-forms/documentary-stamp-tax-return.html#dstr2000othttp://www.bir.gov.ph/index.php/bir-forms/documentary-stamp-tax-return.html#dstr2000


2/12

Section

174 Original Issue of

Shares of Stock with

par value

Original Issue of

Shares of Stock

without par value

Stock Dividend

P200.00 or fraction

thereof

P200.00 or fraction

thereof

P200.00 or fraction

thereof

1.00

1.00

1.00

.5%

.5%

.5%

Par value of

shares of

stocks

Actual

consideration for

the issuance of

shares of stocks

Actual value

represented by

each share

175 Sales, Agreements to

Sell, Memoranda of

Sales, Deliveries or

Transfer of Shares or

Certificates of Stock

Stock without par

value

P200.00 or fraction

thereof

.75 3.75%

25%

Par value of

such stock

DST paid upon

the original

issuance of said

stock.

176 Bonds, Debentures,

Certificate of Stock or

Indebtedness issued

in foreign Countries

P200.00 or fraction

thereof

.75 3.75% Par value of

such bonds,

debentures,

Certificate of Stock or

Indebtedness

177 Certificate of Profits or

Interest in Property or

Accumulation

P200.00 or fraction

thereof

.50 .25% Face value of

such certificate /

memorandum

178 Bank Checks, Drafts,

Certificate of De osit

On each Document 1.50


3/12

not bearing interest

and other Instruments

179 All Debt Instruments P200.00 or fraction

thereof

1.00 .5% Issue price of

any such

instruments

180 All Bills of Exchange or

Drafts

P200.00 or fraction

thereof


any such bill of

exchange or

draft

181 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

P200.00 or fraction

thereof


such bill of

exchange or

order or the

Philippine

equivalent of

such value, if

expressed in

foreign currency

182 Foreign Bills of

Exchange and Lettersof Credit

P200.00 or fraction

thereof


such bill of exchange or

letter of credit or

the Philippine

equivalent of

such value, if

expressed in

foreign

currency

183 Life Insurance

Policies

If the amount of

insurance does not

exceed P100,000.00

If the amount of

insurance exceeds

P100,000.00 but

exempt

10.00

Amount of

Insurance

Amount of

Insurance


4/12

P300,000.00

If the amount of

insurance exceeds

P300,000.00 but

does not exceed

P500,000.00

If the amount of

insurance exceeds

P500,000.00 but

does not exceed

P750,000.00

If the amount of

insurance exceeds

P750,000.00 but

does not exceed

P1,000,000.00

If the amount of

insurance exceeds

P1,000,000.00

25.00

50.00

75.00

100.00

Amount of

Insurance

Amount of

Insurance

Amount of

Insurance

Amount of

Insurance

184 Policies Of Insurance

upon Property

P4.00 premium or

fraction thereof

.50 12.5% Premium

charged

185 Fidelity Bonds and

other Insurance

Policies

P4.00 premium or

fraction thereof

.50 12.5% Premium

charged

186 Policies of Annuities

or other instruments

Pre-Need Plans

P200.00 or fraction

thereof

P200.00 or fraction

thereof

.50

.20

.25%

.10%

Premium or

installment

payment or

contract price

collected

Premium or

contribution

collected


5/12

187 Indemnity Bonds P4.00 or fraction

thereof

.30 7.5% Premium

charged

188 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

Each Certificate 15.00

189 Warehouse Receipts

(except if value does

not exceed P200.00)

Each Receipt 15.00

190 Jai-alai, Horse Race

Tickets, lotto or Other

Authorized Number

Games

P1.00 cost of ticket

Additional P0.10 on

every P1.00 or

fraction thereof if

cost of ticket

exceeds P1.00

.10 10% Cost of the ticket

Cost of the ticket

191 Bills of Lading or

Receipts(except

charter party)

If the value of such

goods exceeds

P100.00 and does

not exceedP1,000.00

If the value exceeds

P1,000.00

Freight tickets

covering goods,

merchandise or

1.00

10.00

Exempt

Value of such

goods

Value of such

goods


6/12

effects carried as

accompanied

baggage of

passengers on land

and water carriers

primarily engaged in

the transportation of

passengers

192 Proxies(except proxies

issued affecting the

affairs of associations

or corporations,

organized for religious,

charitable or literarypurposes)

Each proxy 15.00

193 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)

Each Document 5.00

194 Lease and other Hiring

agreements or

memorandum or

contract for hire, use

or rent of any land or

tenements or portions

thereof

First 2,000 or

fractional part

thereof

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

3.00

1.00

.15%

.1%


7/12

agreement

195 Mortgages Pledges of

lands, estate, or

property and Deeds of

Trust

First 5,000

On each P5,000 or

fractional part

thereof in excess of

5,000

20.00

10.00

.4%

.2%

Amount Secured

Amount Secured

196 Deed of Sale,

instrument or writing

and Conveyances of

Real Property

(except grants,

patents or original

certificate of the

government)

First 1,000

For each additional

P1,000 or fractional

part thereof in

excess of P1,000

15.00

15.00

1.5%

1.5%

Consideration or

Fair Market

Value,

whichever is

higher (if

government is a

party, basis shall

be the

consideration)

Consideration or

Fair Market

Value,

whichever is

higher (if

government is a

party, basis shall

be the

consideration)

197 Charter parties and

Similar Instruments

1,000 tons and

below

P500.00 for

the first 6

months Plus

P50 each

month or

fraction

thereof in

excess of 6

months

Registered

gross tonnage


8/12

1,001 to 10,000 tons

Over 10,000 tons

P1,000 for

the first 6

months Plus

P100 each

month or

fraction

thereof in

excess of 6

months

P1,500 for

the first 6

months Plus

P150 each

month or

fraction

thereof in

excess of 6

months

Registered

gross tonnage

Registered

gross tonnage

198 Stamp Tax on

Assignments and

Renewals or

Continuance of

Certain Instruments

At the same

rate as that

imposed on

the original

instrument.

Procedures

File BIR Form No. 2000 or BIR Form No. 2000-OT in triplicate (two copies for the BIR and one copy for

the taxpayer) with the Authorized Agent Bank (AAB) in the Revenue District where the seller or transferor

is registered, for shares of stocks or where the property is located, for real property. In places where

there are no AAB, the return will be filed directly with the Revenue Collection Officer or Authorized City or

Municipal Treasurer.

One-Time Transaction (ONETT) taxpayers shall mandatorily use the eBIRForms in filing all of their tax

returns. They may opt to submit their tax returns manually using the eBIRForms Offline Package in the

RDO where the seller or transferor is registered, for shares of stocks or where the property is located,

for real property or electronically through the use of the Online eBIRForms System. (Sec. 3(2) RR No. 6-

2014)

Submit all documentary requirements and proof of payment to the Revenue District Office having

jurisdiction over the place of residence of the seller.

Deadlines


9/12

The Documentary Stamp Tax return (BIR Form 2000) shall be filed in triplicate (two copies for the BIR

and one copy for the taxpayer) within five (5) days after the close of the month when the taxable

document was made signed, issued, accepted or transferred; upon remittance by Collection Agents of

collection from sale of loose stamps. The Documentary Stamp Tax shall be paid upon filing of the return.

Related Revenue Issuances

Revenue Memorandum Order (RMO) Nos. 8-1998, 15-2001, 13-2008, 14-2008

Revenue Memorandum Circular (RMC) Nos. 1-2010, 24-2010, 51-2010, 24-2011, 46-2014

Codal Reference

Sec. 173 to Sec. 201 of the National Internal Revenue Code

Frequently Asked Questions1) Who are required to file Documentary Stamp Tax Declaration Return?

a) In case of constructive affixture of documentary stamps, by the persons making, signing, issuing,

accepting or transferring documents, instruments, loan agreements and papers, acceptances,

assignments, sales and conveyances of the obligation, right or property incident thereto wherever the

document is made, signed, issued, accepted or transferred when the obligation or right arises from

Philippine sources or the property is situated in the Philippines at the same time such act is done or

transaction had;

b) By using the web-based Electronic Documentary Stamp Tax (eDST) System in the

payment/remittance of its/his/her DST liabilities and the affixture of the prescribed documentary stamp

on taxable documents; and

c) By Revenue Collection Agent, for remittance of sold loose documentary stamps.

Note: Wherever one party to the taxable document enjoys exemption from the tax imposed, the other

party who is not exempt will be the one directly liable to file Documentary Stamp Tax Declaration and

pay the applicable stamp tax.

2) Where is the Documentary Stamp Tax Declaration Return filed?

In the Authorized Agent Bank (AAB) within the territorial jurisdiction of the RDO which has jurisdiction

over the residence or principal place of business of the taxpayer or where the property is located in case

of sale of real property or where the Collection Agent is assigned. In places where there is no Authorized

Agent Bank, the return will be filed with the Revenue Collection Officer or duly authorized City or

Municipal Treasurer where the taxpayer's residence or principal place of business is located or where

the property is located in case of sale of real property or where the Collection Agent is assigned.

3) What are the documents/papers not subject to Documentary Stamp Tax? (sec. 9, RR No. 13-2004)

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

http://www.bir.gov.ph/images/bir_files/assessment_performance_and_monitoring_1/Revenue%20Memorandum%20Circular%20No.%2046-2014.pdfhttp://www.bir.gov.ph/images/bir_files/assessment_performance_and_monitoring_1/Revenue%20Memorandum%20Circular%20No.%2024-2011.pdfhttp://www.bir.gov.ph/images/bir_files/assessment_performance_and_monitoring_1/Revenue%20Memorandum%20Circular%20No.%2051-2010.pdfhttp://www.bir.gov.ph/images/bir_files/assessment_performance_and_monitoring_1/Revenue%20Memorandum%20Circular%20No.%2024-2010.pdfhttp://www.bir.gov.ph/images/bir_files/assessment_performance_and_monitoring_1/Revenue%20Memorandum%20Circular%20No.%201-2010.pdfhttp://www.bir.gov.ph/images/bir_files/assessment_performance_and_monitoring_1/Revenue%20Memorandum%20Order%20No.%2014-2008.pdfhttp://www.bir.gov.ph/images/bir_files/assessment_performance_and_monitoring_1/Revenue%20Memorandum%20Order%20No.%2013-2008.pdfhttp://www.bir.gov.ph/images/bir_files/assessment_performance_and_monitoring_1/Revenue%20Memorandum%20Order%20No.%2015-2001.dochttp://www.bir.gov.ph/images/bir_files/assessment_performance_and_monitoring_1/Revenue%20Memorandum%20Order%20No.%208-1998.doc


10/12

organized and conducted solely by the members thereof for the exclusive benefit of each member

and not for profit

Certificates of oaths administered by any government official in his official capacity or

acknowledgement by any government official in performance of his official duty

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 criminalPapers and documents filed in court 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 government 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

Certificates of the assessed value of lands, not exceeding P200 in value assessed, furnished by the

provincial, city or municipal Treasurer to applicants for registration of title to land

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)

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 of 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

Sale, barter or exchange of shares of stock listed and traded through the local stock exchange (R.A9648)

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 from that of the original instrument.

Fixed income and other securities traded in the secondary market or through an exchange.

Derivatives: Provided, That for purposes of this exemption, repurchase agreements and reverse

repurchase agreements shall be treated similarly as derivatives


11/12

Interbranch or interdepartmental advances within the same legal entity

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 provider itself.

Bank deposit accounts without a fixed term or maturity

All contracts, deeds, documents and transactions related to the conduct of business of the Bangko

Sentral ng Pilipinas

Transfer of property pursuant to Section 40(C)(2) of the National Internal Revenue Code of 1997, asamended

Interbank call loans with maturity of not more than seven (7) days to cover deficiency in reserves

against deposit liabilities, including those between or among banks and quasi-banks

4) What are the implications of failure to stamp taxable documents?

The untaxed document will not be recorded, nor will it or any copy thereof or any record of transfer of

the same be admitted or used in evidence in court until the requisite stamp or stamps have been

affixed thereto and cancelled

No notary public or other officer authorized to administer oaths will add his jurat or acknowledgment

to any document subject to Documentary Stamp Tax unless the proper documentary stamps are

affixed thereto and cancelled.

5) What is Electronic Documentary Stamp Tax (eDST) System? (sec. 5 (1), RR No. 7-2009)

The eDST is a web-based application created for taxpayers and the BIR that is capable of affixing a

secured documentary stamp on the taxable documents as defined under the appropriate provisions

under Title VII of the National Internal Revenue Code of 1997, as amended, thru the use of a computer

unit, any laser printer with at least 1200 dpi resolution, and Internet Explorer 7.0 It is also capable of

providing a 3-layer watermark on stamps for added security.

6) Is DST Law applicable on Electronic Documents? (sec. 10, RR No. 13-2004)

The DST rates as imposed under the Code, as amended by R.A. 9243 shall be applicable on all

documents not otherwise expressly exempted by the said law, notwithstanding the fact that they are in

electronic form. As provided for by R.A. 8792, otherwise known as the Electronic Commerce Act,

electronic documents are the functional equivalent of a written document under existing laws, and the

issuance thereof is therefore tantamount to the issuance of a written document, and therefore subject to

DST.

7) What are the inclusions of a debt instrument? (sec. 5, RR No. 13-2004)

“Debt Instrument” shall mean instruments representing borrowing and lending transaction including but

not limited to:

debentures,

certificates of indebtedness,

due bills,


12/12

bonds,

loan agreements, including those signed abroad wherein the object of the contract is located or

used in the Philippines,

instruments and securities issued by the government or any of its instrumentalities,

deposit substitute debt instruments,

certificates or other evidences of deposits that are drawing instrument significantly higher than the

regular savings deposit taking into consideration the size of the deposit and the risks involved,certificates or other evidences of deposits that are drawing interest and having a specific maturity

date,

promissory notes, whether negotiable or non-negotiable, except bank notes issued for circulation.

8) Is any document, transaction or arrangement entered into under Financial Lease subject to

Documentary Stamp Tax? (RMC No. 46-2014)

Financial lease is akin to a debt rather than a lease. A nature of an obligation than a lease of personal

property. The mere act of extending credit is already a means of facilitating an obligation or advancing in

behalf of the lessee certain property in lieu of cash in exchange for a definitive amortization to be paid to

the lessor with profit margin included. Section 179 of the NIRC, as amended, covers all debt

instruments. Therefore, being a nature of an obligation, any document, transaction or arrangement

entered into under financial lease is subject to DST under such Section of the NIRC, as amended.

Documentary Stamp Tax - Bureau of Internal Revenue

Documents

Transcript of Documentary Stamp Tax - Bureau of Internal Revenue