Mandaue Annex B BLGF MC No. 001-2020
Mandaue Annex B BLGF MC No. 001-2020
ln the interest of the service and to provide guidance on the assessment of local
taxes and fees in the local governments during the registration and renewal of business
permits and licenses, among others, the following reminders are hereby reiterated:
1
BLGF Opinion dated 22 Feb 2012 to Mr- Patrick Duffy, Sagittarius Mines, lnc.
2
Sections 136, 137 and '151 of Republic Act (RA) No. 7160 or the Local Government Code (LGC) of 1991
3 First Planle$ Pawnshop lnc. vs. City of Pasay, Court of Tax Appeals En Banc Decision No. 501, 10 Dec 2010
4 J[,lC No. 0'1, Series of 2016 dated 30 Aug 2016
5 Sec. 171 of the LGC
6 BLGF Opinion dated 22 Aug 2011, 1{ lndorsement, City Treasurer, Caloocan City
7
Sec. 131(n) of the LGC
3 BLGF Opinion dated 23 Sep 2009 to Alsons Consolidated Resources, lnc.
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iv. Receipts from the printing and/or publishing of books or other reading
materials prescribed by Department of Education as school text and
reference, for those engaged in the business of printing and publication.e
3. The Presumptive lncome Level Assessment Approach (PIL A) may be used
in computing the local business fax ONLY rT f he taxpayer is unable to provide
proof of ffs gross sa/es or receipts.la The PILAA may be used in estimating
the gross sa/es or receipts provided that the PIUA is in the local tax
ordinance and has undergone public hearings and publications.ll Ihls ls to
ensure that the taxpayers are properly informed of the factors used in
determining the presumptive income and for the taxpayers to agree such level
of presumptive income applicable to their industry. Absent such ordinance
authorizing the use of the PILAA and embodying the presumptive income
levels to be used by the Local Treasurer, the collection of additional local
busrness taxes based on such PILAA is illegal and the petitioner may properly
claim the refund of the excess buslness taxes collected.l2
4. The automatic application of an additional fixed percentage, e.g. 10% to 15%
increase, on the previous year's gross receipts as basis for LBT to meet LGU
target or achreve higher collection efficiency without legal basis shall not be
practiced.
,*
3. AII cooperatives duly registered with the Cooperative Development
Authority,16 regardless of the amount of accumulated reserves and undivided
net savings, shall be exempt from payment of local taxes and taxes on
transactions with banks and insurance companies.lT
4. PEZA-Registered Enterprisesl8
i. A PEZA-registered enterprise, which is granted an incentive under the
lncome Tax Holiday (lTH), is not exempt from payment of real property tax
(RPT) on land and/or buildings. However, an eligible enterprise is entitled to
the three-year exemption from payment of the RPT on machinery and
equipment for every machinery and equipment it acquires for its operation,
at any point of its operation, and not only on those acquired during the start
of its operation.le
ii. lf a PEZA-registered enterprise is granted an incentive under the Gross
lncome Tax (GlT) regime, no taxes, local and national, except for RPT on
land owned by developers, shall be imposed on business establishments
operating within the ECOZONE. ln lieu thereof, five percent (5%) of the
gross income2o earned shall be paid and remitted as follows:
a. Three percent (3%) to the National Government; and
b. Two percent (2%) which shall be directly remitted by the business
establishments to the treasurer's office of the municipality or city where
the enterprise is located.
5. Special Economic Zones, as may be provided for by the specific law.
6. Non-stock, non-profit educational institutions. To avail of the exemption, the
taxpayer must factually prove that it used actually, directly, and exclusively for
educational purposes the revenues or income sought to be exempted.2l
F Penalties for Delayed Payment of Business Permit Fee. Penalties for delayed
payment of business permit fee shall only be imposed after the lapse of the
prescribed period that is either after the 20th day of January or the extended
period as so determined in the revenue ordinance duly enacted by the
S an gg u n i an concerned.23
16
Sec. 133 (n), /bd
17
Art. 61(3) of RA No. 9520
13
RA No. 7916, as amended by RA No. 8748
r0 PEZA Memorandum Circular No. 2004-24
'?o
Section 24, RA No. 7916
,1 G.R. No. 196596. dated 06 Nov 2019; BLGF Opinion, dated 05 Jun 2017
,, Sec. 193 of RA No. 10607 (lnsurance Code ofthe Philippines, as amended)
23
Sec. 167 of the LGC
Updated Reminders in the Assessment of the LBT, Registration and Renewal of Business Permits
and Licenses, and the lmpositjon of Local Taxes, Fees and Charges
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G. lmposition and Collection of Local Taxes, Fees and Gharges on
Professionals. 2a All concerned shall be guided by Local Finance Circular (LFC)
No. 01-2019, dated 12 June 2019, issued by the Secretary of Finance, which
provides for the guidelines on the payment of taxes, fees and charges for those
practrcing their profession and/or maintaining private clinics or offices in the
LGUs.
24
Sec. 131 ofthe LGC and LFC No. 01-2019
2s Article Vl, Title l, Book ll of the LGC
'z6
Section 1(a) of Administrative Order (AO) No. 260, series of 1992, Ofilce of the President
,7 Sec. '160 of the LGC| Sec. 2 of Memorandum Circular No. 153 s. 1992, Office of the President
,3 Sec. 161(b), ibld
2e
Sec. 168 and Sec 169, /bid
30
BLGF L4C No. 016-2018, dated 10 Aug 2018, reiterating BSP Circular Letter No. CL-2017-079
Updated Reminders in the Assessment of the LBT, Registration and Renewal of Business Permits
and Licenses, and the lmposition of Local Taxes, Fees and Charges
Page 4 of 5
r
ii. Transactions filed and negotiated in the branch but being beyond the
approving authority of the branch manager, are forwarded to the head
Office for final approval
iii. Transaction where the stated address in the loan application of the
borrower is the city or municipality where the Bank has a branch, in which
case the head office upon approval of the loan shall credit the transaction
to the Bank Branch.31
2. The gross receipts from transactions made by the head office, except gross
receipts recorded in the branches, shall be taxable by the city or municipality
where the said head Office is located.
3. ln case there is a transfer or relocation of the head office or of any branch to
another city or municipality, the bank shall give due notice of such transfer or
relocation to the local chief executives of the cities or municipalities
concerned within fifteen (15) days after such transfer or relocation is effected.
4. At the time of the annual payment of the tax due, the head office or branch of
a bank shall submit to the LGU concerned a notarized Joint Statement of
Annual lncome [Schedule of Annual lncome] for the preceding calendar year,
in accordance with the prescribed form of LFC No. 2-07 which shall be
signed by a designated Officer of the Head Office and by the Branch
Manager.32
ln case the existing local ordinances or revenue measures of the LGUs are
inconsistent with the foregoing, the local treasurers are enjoined to make the necessary and
immediate representations with their respectrve Local Chief Executives and Sanggunians
concerned for the amendment thereof, to ensure compliance with existing laws, inasmuch as
the Supreme Court has repeatedly ruled that "ordinances passed by virtue of the implied
power found in the general welfare clause must be reasonable, consonant with the general
powers and purposes of the corporation, and not inconsistent with the laws or policy of the
Sfale".33
Further, LGUs are reminded to observe the provisions of the Ease of Doing Business
and Efficient Government Service Delivery (EODB-EGSD) Act of 2018 and its lmplementing
Rules and Regulations (lRR).
D,,rz?fa)
NINO RAYMOND B. ALVINA
t
Executive Director
20258
31
LFC No. 2-07, amending Section 5 of LFC No. 1-93
v lbtd
33
G.R. Nos. L-42571-72, dated 25 Jul 1983; G.R. No. 138810, dated 29 Sep 2004; G.R. No. 195003, dated 07 Jun 2017
Updated Reminders in the Assessment of the LBT, Registration and Renewal of Busindss Permits
and Licenses, and the lmposition of Local Taxes, Fees and Charges
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