(A) Requirements. -
(C) When to File. -
(E) Return of
Parent to Include Income of Children.
- The income of unmarried minors derived from properly received from a
living parent shall be included in the return of the parent, except (1)
when the donor's tax has been paid on such property, or (2) when the transfer
of such property is exempt from donor's tax.
(F) Persons Under
Disability.
- If the taxpayer is unable to make his own return, the return may be made
by his duly authorized agent or representative or by the guardian or other
person charged with the care of his person or property, the principal and
his representative or guardian assuming the responsibility of making the
return and incurring penalties provided for erroneous, false or fraudulent
returns.
(G) Signature
Presumed Correct.
- The fact that an individual's name is signed to a filed return shall
be prima facie evidence for all purposes that the return was actually
signed by him.
SEC.
52. Corporation Returns. -
(A) Requirements. - Every corporation subject to the tax herein imposed, except foreign corporations not engaged in trade or business in the Philippines, shall render, in duplicate, a true and accurate quarterly income tax return and final or adjustment return in accordance with the provisions of Chapter XII of this Title. The return shall be filed by the president, vice-president or other principal officer, and shall be sworn to by such officer and by the treasurer or assistant treasurer.
(B) Taxable Year of Corporation. - A corporation may employ either calendar year or fiscal year as a basis for filing its annual income tax return: Provided, That the corporation shall not change the accounting period employed without prior approval from the Commissioner in accordance with the provisions of Section 47 of this Code.
(C) Return of Corporation Contemplating Dissolution or Reorganization. - Every corporation shall, within thirty (30) days after the adoption by the corporation of a resolution or plan for its dissolution, or for the liquidation of the whole or any part of its capital stock, including a corporation which has been notified of possible involuntary dissolution by the Securities and Exchange Commission, or for its reorganization, render a correct return to the Commissioner, verified under oath, setting forth the terms of such resolution or plan and such other information as the Secretary of Finance, upon recommendation of the commissioner, shall, by rules and regulations, prescribe.
The dissolving or reorganizing corporation shall, prior to the issuance by the Securities and Exchange Commission of the Certificate of Dissolution or Reorganization, as may be defined by rules and regulations prescribed by the Secretary of Finance, upon recommendation of the Commissioner, secure a certificate of tax clearance from the Bureau of Internal Revenue which certificate shall be submitted to the Securities and Exchange Commission.
(D) Return on Capital Gains Realized from Sale of Shares of Stock not Traded in the Local Stock Exchange. - Every corporation deriving capital gains from the sale or exchange of shares of stock not traded thru a local stock exchange as prescribed under Sections 24 (c), 25 (A)(3), 27 (E)(2), 28(A)(8)(c) and 28 (B)(5)(c), shall file a return within thirty (30) days after each transactions and a final consolidated return of all transactions during the taxable year on or before the fifteenth (15th) day of the fourth (4th) month following the close of the taxable year.
SEC. 53. Extension of Time to File Returns. - The Commissioner may, in meritorious cases, grant a reasonable extension of time for filing returns of income (or final and adjustment returns in case of corporations), subject to the provisions of Section 56 of this Code.
SEC.
54. Returns of Receivers, Trustees in Bankruptcy or Assignees.
- In cases wherein receivers, trustees in bankruptcy or assignees are
operating the property or business of a corporation, subject to the tax
imposed by this Title, such receivers, trustees or assignees shall make
returns of net income as and for such corporation, in the same manner and
form as such organization is hereinbefore required to make returns, and
any tax due on the income as returned by receivers, trustees or assignees
shall be assessed and collected in the same manner as if assessed directly
against the organizations of whose businesses or properties they have custody
or control.
SEC.
55. Returns of General Professional Partnerships.
- Every general professional partnership shall file, in duplicate, a return
of its income, except income exempt under Section 32 (B) of this Title,
setting forth the items of gross income and of deductions allowed by this
Title, and the names, Taxpayer Identification Numbers (TIN), addresses
and shares of each of the partners.
SEC.
56. Payment and Assessment of Income Tax for Individuals and Corporation.
-
(A) Payment of Tax. -
No registration of any
document transferring real property shall be effected by the Register of
Deeds unless the Commissioner or his duly authorized representative has
certified that such transfer has been reported, and the tax herein imposed,
if any, has been paid.
(B) Assessment
and Payment of Deficiency Tax.
- After the return is filed, the Commissioner shall examine it and
assess the correct amount of the tax. The tax or deficiency income tax
so discovered shall be paid upon notice and demand from the Commissioner.
As used in this Chapter, in respect of a tax imposed by this Title, the term "deficiency" means:
(2) If no amount is shown as the tax by the taxpayer upon this return, or if no return is made by the taxpayer, then the amount by which the tax exceeds the amounts previously assessed (or collected without assessment) as a deficiency; but such amounts previously assessed or collected without assessment shall first be decreased by the amounts previously abated, credited returned or otherwise repaid in respect of such tax.
(A) Withholding of Final Tax on Certain Incomes. - Subject to rules and regulations the Secretary of Finance may promulgate, upon the recommendation of the Commissioner, requiring the filing of income tax return by certain income payees, the tax imposed or prescribed by Sections 24(B)(1), 24(B)(2), 24(C), 24(D)(1); 25(A)(2), 25(A)(3), 25(B), 25(C), 25(D), 25(E), 27(D)(!), 27(D)(2), 27(D)(3), 27(D)(5), 28 (A)(4), 28(A)(5), 28(A)(7)(a), 28(A)(7)(b), 28(A)(7)(c), 28(B)(1), 28(B)(2), 28(B)(3), 28(B)(4), 28(B)(5)(a), 28(B)(5)(b), 28(B)(5)(c); 33; and 282 of this Code on specified items of income shall be withheld by payor-corporation and/or person and paid in the same manner and subject to the same conditions as provided in Section 58 of this Code.
(B) Withholding of Creditable Tax at Source. - The Secretary of Finance may, upon the recommendation of the Commissioner, require the withholding of a tax on the items of income payable to natural or juridical persons, residing in the Philippines, by payor-corporation/persons as provided for by law, at the rate of not less than one percent (1%) but not more than thirty-two percent (32%) thereof, which shall be credited against the income tax liability of the taxpayer for the taxable year.
(C) Tax-free Covenant
Bonds.
In any case where bonds, mortgages, deeds of trust or other similar obligations
of domestic or resident foreign corporations, contain a contract or provisions
by which the obligor agrees to pay any portion of the tax imposed in this
Title upon the obligee or to reimburse the obligee for any portion of the
tax or to pay the interest without deduction for any tax which the obligor
may be required or permitted to pay thereon or to retain therefrom under
any law of the Philippines, or any state or country, the obligor shall
deduct bonds, mortgages, deeds of trust or other obligations, whether the
interest or other payments are payable annually or at shorter or longer
periods, and whether the bonds, securities or obligations had been or will
be issued or marketed, and the interest or other payment thereon paid,
within or without the Philippines, if the interest or other payment is
payable to a nonresident alien or to a citizen or resident of the Philippines.
SEC.
58. Returns and Payment of Taxes Withheld at Source. -
(A) Quarterly Returns and Payments of Taxes Withheld. - Taxes deducted and withheld under Section 57 by withholding agents shall be covered by a return and paid to, except in cases where the Commissioner otherwise permits, an authorized Treasurer of the city or municipality where the withholding agent has his legal residence or principal place of business, or where the withholding agent is a corporation, where the principal office is located.
The taxes deducted and withheld by the withholding agent shall be held as a special fund in trust for the government until paid to the collecting officers.
The return for final withholding tax shall be filed and the payment made within twenty-five (25) days from the close of each calendar quarter, while the return for creditable withholding taxes shall be filed and the payment made not later than the last day of the month following the close of the quarter during which withholding was made: Provided, That the Commissioner, with the approval of the Secretary of Finance, may require these withholding agents to pay or deposit the taxes deducted or withheld at more frequent intervals when necessary to protect the interest of the government.
(B) Statement of Income Payments Made and Taxes Withheld. - Every withholding agent required to deduct and withhold taxes under Section 57 shall furnish each recipient, in respect to his or its receipts during the calendar quarter or year, a written statement showing the income or other payments made by the withholding agent during such quarter or year, and the amount of the tax deducted and withheld therefrom, simultaneously upon payment at the request of the payee, but not late than the twentieth (20th) day following the close of the quarter in the case of corporate payee, or not later than March 1 of the following year in the case of individual payee for creditable withholding taxes. For final withholding taxes, the statement should be given to the payee on or before January 31 of the succeeding year.
(C) Annual Information Return. - Every withholding agent required to deduct and withhold taxes under Section 57 shall submit to the Commissioner an annual information return containing the list of payees and income payments, amount of taxes withheld from each payee and such other pertinent information as may be required by the Commissioner. In the case of final withholding taxes, the return shall be filed on or before January 31 of the succeeding year, and for creditable withholding taxes, not later than March 1 of the year following the year for which the annual report is being submitted. This return, if made and filed in accordance with the rules and regulations approved by the Secretary of Finance, upon recommendation of the Commissioner, shall be sufficient compliance with the requirements of Section 68 of this Title in respect to the income payments.
The Commissioner may, by rules and regulations, grant to any withholding agent a reasonable extension of time to furnish and submit the return required in this Subsection.
(D) Income of Recipient. - Income upon which any creditable tax is required to be withheld at source under Section 57 shall be included in the return of its recipient but the excess of the amount of tax so withheld over the tax due on his return shall be refunded to him subject to the provisions of Section 204; if the income tax collected at source is less than the tax due on his return, the difference shall be paid in accordance with the provisions of Section 56.
All taxes withheld pursuant to the provisions of this Code and its implementing rules and regulations are hereby considered trust funds and shall be maintained in a separate account and not commingled with any other funds of the withholding agent.
(E) Registration
with Register of Deeds.
- No registration of any document transferring real property shall be effected
by the Register of Deeds unless the Commissioner or his duly authorized
representative has certified that such transfer has been reported, and
the capital gains or creditable withholding tax, if any, has been paid:
Provided, however, That the information as may be required by rules
and regulations to be prescribed by the Secretary of Finance, upon recommendation
of the Commissioner, shall be annotated by the Register of Deeds in the
Transfer Certificate of Title or Condominium Certificate of Title: Provided,
further, That in cases of transfer of property to a corporation, pursuant
to a merger, consolidation or reorganization, and where the law allows
deferred recognition of income in accordance with Section 40, the information
as may be required by rules and regulations to be prescribed by the Secretary
of Finance, upon recommendation of the Commissioner, shall be annotated
by the Register of Deeds at the back of the Transfer Certificate of Title
or Condominium Certificate of Title of the real property involved: Provided,
finally, That any violation of this provision by the Register of Deeds
shall be subject to the penalties imposed under Section 269 of this Code.
SEC.
59. Tax on Profits Collectible from Owner or Other Persons.
- The tax imposed under this Title upon gains, profits, and income
not falling under the foregoing and not returned and paid by virtue of
the foregoing or as otherwise provided by law shall be assessed by personal
return under rules and regulations to be prescribed by the Secretary of
Finance, upon recommendation of the Commissioner. The intent and purpose
of the Title is that all gains, profits and income of a taxable class,
as defined in this Title, shall be charged and assessed with the corresponding
tax prescribed by this Title, and said tax shall be paid by the owners
of such gains, profits and income, or the proper person having the receipt,
custody, control or disposal of the same. For purposes of this Title, ownership
of such gains, profits and income or liability to pay the tax shall be
determined as of the year for which a return is required to be rendered.
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