TRAIN Law: Key Tax System Changes
TRAIN Law: Key Tax System Changes
Introduction
The Tax Reform for Acceleration and Inclusion Law (TRAIN
Law), officially designated as Republic Act No. 10963, is the
initial package of the Comprehensive Tax Reform Program
(CTRP) signed into law by President Rodrigo Duterte on
December 19, 2017. The TRAIN Act is the first of four packages
of tax reforms to the National Internal Revenue Code of 1997,
or the Tax Code, as amended. This package introduced
changes in personal income tax (PIT), estate tax, donor's tax,
value added tax (VAT), documentary stamp tax (DST) and the
excise tax of tobacco products, petroleum products, mineral
products, automobiles, sweetened beverages, and cosmetic
procedures.
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"Changes introduced by TRAIN LAW to our tax system."
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400,000 800,000 30,000 + 25% of excess over 400,000
percent of taxpayers, thereby giving them the much needed 800,000 2,000,000 130,000 + 30% of excess over 800,000
relief after 20 years of non-adjustment of the tax rates and 2,000,000 8,000,000 490,000 + 32% of excess over 2,000,000
brackets. This is the biggest Christmas and New Year gift the 8,000,00 2,410,000 + 35% of excess over 8,000,000
government is giving to the people.
"Changes introduced by TRAIN LAW to our tax system."
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GROSS SALES/RECEIPTS TAX RATE
Not exceeding P3 million Option 1: Regular PIT Rates or
Option 2: 8% of gross sales/receipts
in excess of P250,000*
Above P3 million Regular Personal Income Tax Rates
Compensation Income Regular Personal Income Tax Rates
"Changes introduced by TRAIN LAW to our tax system."
Other Reforms
Reduces the number of Tax Brackets from 7 to 6;
Exempts the first P250,000 annual taxable income of taxpayers;
Sets the highest amount of taxable income at more than P8 million and subjects it to a higher marginal
rate of 35%;
Repeals the provision on basic personal and additional exemptions and premiums paid on health
and/or hospitalization insurance which are deemed integrated into the P250,000 exempts threshold;
Retains the income tax exemption of minimum wage earners;
Retains the exemption from tax de minimis benefits as well as the non-taxability of mandatory
contributions such as those made to the GSIS, SSS, PhilHealth, Pag-IBIG Fund and unions dues;
Increase the amount of tax-exempt benefits ceiling (13 th month pay and other benefits) from P82,000
to P90,000;
Imposes a 20% final tax on PCSO and lotto winnigs exceeding P10,000;
Removes the preferential tax rate of 15% for employees of regional or area headquarters, regional
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operating headquarters, offshore banking units and petroleum service contractions and
subcontractors;
Increase fringe benefits tax (FBT) rate from 32% to 35%; and
Inserts a provision that the Optional Standard Deduction by a general professional partnership (GPP)
may only be availed once, either by the GGP or the partners comprising such partnership.
"Changes introduced by TRAIN LAW to our tax system."
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TAX BASE TAX RATE
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Increases the amount of gross value of estate provided in estate tax returns that requires to be supported with a statement duly
certified by a Certified Public Accountant (CPA) from P2,000,000 to P5,000,000.
"Changes introduced by TRAIN LAW to our tax system."
Deadline of Filing - Extends the period within which the estate tax return should be filed, from 6 months to 1 year from the decedent's death.
Withdrawal Limit - Removes the P200,000 limit that may be withdrawn from the bank account of the decedent without certification from the BIR
and allows for the withdrawal of any amount but subject to a final withholding tax of 6%.
Payment on Installment Basis - Provides for the payment by installment basis in the case available cash is insufficient to pay the estate tax due.
Payment shall be allowed within 2 years from the statutory date for it’s payment without civil penalty and interest.
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Filing of Notice of Death - Repeals the provision requiring the filling of notice of death of the decedent by his/her executor, administrator or any of
the legal heirs within 2 months after the decedent’s death.
"Changes introduced by TRAIN LAW to our tax system."
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Total Gifts not exceeding Exempt
250,000
In excess of 250,000 6%
"Changes introduced by TRAIN LAW to our tax system."
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Increase of VAT exemption for lease of a residential unit from P12,800 to P15,000
Association dues, membership fees, and other assessments and charges collected by
homeowners associations and condominium corporations are now expressly VAT exempt
"Changes introduced by TRAIN LAW to our tax system."
Tax Rate
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"Changes introduced by TRAIN LAW to our tax system."
The documentary stamp tax (DST) imposes a rate that is dependent on the value of the transaction. Several types of
business transactions are required to have documentary stamps. For example, the original issuance of shares is subject to a
DST of P2 for every P200 of the share's value. Under the TRAIN law, several DST rates have either doubled or increased.
Previously, Deeds of Donation of Real Property were not subject to DST, but this was imposed a tax rate under the TRAIN
law.
Section in
Tax Code
Document/Instrument/Transaction Tax Base Old Tax Rates New Tax Rates
174 Original Issue of Shares of Stock Par Value P1.00 on each P200 0.50% P2.00 on each P200 1.00%
Sales, Agreements to sell, Memoranda of
175 Sales, Deliveries or Transfer of
Shares/Certificates of Stock
With Par Value Par Value P0.75 on each P200 0.38% P1.50 on each P200 0.75%
DST of original
Without Par Value issue 25% 50%
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Listed Shares of Stocks at PSE - Exempt Exempt
Bonds, Debentures, Certificates of Stock or
176 indebtedness Issued in Foreign Countries Par Value Tax as required by law Tax as required by law
Section in
Tax Code
Document/Instrument/Transaction Tax Base Old Tax Rates New Tax Rates
179 Original Issue of all Debt Instruments Issue Price P1.00 on each P200 0.50% P1.50 on each P200 0.75%
180 All Bills of Exchange or Drafts Face Value P0.30 on each P200 0.15% P0.60 on each P200 0.30%
184 Policies of Insurance upon Property Premium P0.50 on each P4.00 12.50% P0.50 on each P4.00 12.50%
185 Fidelity Bonds and Other Insurance Policies Premium P0.50 on each P4.00 12.50% P0.50 on each P4.00 12.50%
Premium/
Installment P0.50 on each P200
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186 Policies of Annuities or Other Instruments 0.25% P1.00 on each P200 0.50%
payment/
Contract Price
186 Pre-need Plans Premium P0.20 on each P200 0.10% P0.40 on each P200 0.20%
187 Indemnity Bonds Premium P0.30 on each P4.00 7.50% P0.30 on each P4.00 7.50%
"Changes introduced by TRAIN LAW to our tax system."
Section in
Tax Code
Document/Instrument/Transaction Tax Base Old Tax Rates New Tax Rates
188 Certificates Per certificate P15.00 P30.000
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196 Value
Real Property next P1,000 next P1,000
197 Charter Parties and Similar Instruments Gross tonnage P500 – P1,500 P1,000 – P3,000
198 Assignment and Renewals of Certain Same as Original Same rates as original Same rates as original
Instruments
"Changes introduced by TRAIN LAW to our tax system."
The newly signed law imposing higher taxes on cigarettes and a new tax on
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e-cigarettes and other alternative devices for smoking will enable the
government to properly implement the Universal Health Care (UHC)
program, in keeping with President Duterte’s commitment to improve the
lives of Filipinos by expanding the delivery of healthcare services, especially
to low-income families, Finance Secretary Carlos Dominguez III said.
"Changes introduced by TRAIN LAW to our tax system."
Not all vehicles are taxed such as the Utility Vehicles like trucks, jeepneys, and
special purpose vehicles. Hybrid and Electric Vehicles can be taxed lower or be
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exempted from the excise tax.
P600,000 4% 3%
Over 1 Million to 4
20% 15%
Million
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4,000,000 and above 50% 30%
"Changes introduced by TRAIN LAW to our tax system."
In January 2020, the price of the fuel rose as the third and final wave of excise tax increases. The TRAIN
Law required another increase in fuel excise duties, pegged at ₱1 per liter for gasoline and kerosene, ₱1.50
per liter for diesel, and ₱1 per kilogram of liquefied petroleum gas (LPG).
The government collected ₱78 billion in fuel excise taxes in 2018, broken down into ₱39 billion from the
Bureau of Internal Revenue and ₱38.6 billion from the Bureau of Customs
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The TRAIN law sought to slap higher taxes on fuel products to raise more funds for big-ticket
infrastructure and other government projects.
"Changes introduced by TRAIN LAW to our tax system."
Gasoline (per
litre) P7.84 P2 P0.24 P10.08
BEGINNING JANUARY 1, 2020
Kerosene (per P0.12
litre) P3.36 P1 P4.48
2019 EXCISE TAX 2020 EXCISE TAX TOTAL
Diesel (per
litre) P2.80 P2 P0.24 P5.04
Gasoline (per P10
P9 P1
litre) + 12% VAT
LPG (per P1.12 P1 P0.12 P2.24
kilogram) Kerosene (per P5
litre) P4 P1 + 12% VAT
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Diesel (per litre) P6
P4.50 P1.50
+ 12% VAT
LPG (per P3
kilogram) P2 P1 + 12% VAT
"Changes introduced by TRAIN LAW to our tax system."
With the presence of this tax, the consumption of sweetened beverages decreased by 6.5
percent, with powdered concentrates critically declined at 25 percent, based on the 2018 data
from Euro monitor on the sales of beverage companies in the Philippines.
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This Tax was imposed on Sweetened Beverages to prioritize the reformulation and production
of healthier food and beverage. It was a part of the project activity of the ASEAN on achieving
its goal of promoting a healthy lifestyle in the region. Among ASEAN’s health priorities is the
prevention and control of non-communicable diseases.
"Changes introduced by TRAIN LAW to our tax system."
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"Changes introduced by TRAIN LAW to our tax system."
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"Changes introduced by TRAIN LAW to our tax system."
Coal and Coke P 10.00 Coal and Coke P 50.00 P100.00 P150.00
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Copper and other metallic materials 2% 4%
Indigenous petroleum 3% 6%
"Changes introduced by TRAIN LAW to our tax system."
Under RR 2-2019, “there shall be levied, assessed, and collected, an excise tax equivalent to 5
percent based on gross receipts derived from the performance of services, net of excise tax
and value-added tax (VAT) on invasive cosmetic procedures, surgeries and body enhancements
directed solely towards improving, altering, or enhancing the patient’s appearance and do not
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meaningfully promote the proper functions of the body or prevent or treat illness or disease.”
The persons and establishments performing cosmetic procedures must file a return of monthly
gross receipts alongside a monthly summary of cosmetic procedures performed, BIR said.
"Changes introduced by TRAIN LAW to our tax system."
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THANK YOU!