TRAIN Law PPT Updated (Arch 159)
TRAIN Law PPT Updated (Arch 159)
TRAIN Law PPT Updated (Arch 159)
SARTHOU
Republic Act No. 10963
TRAIN LAW
Tax Reform for Acceleration and Inclusion
PACKAGES
PACKAGES
The Tax Reform for Acceleration and Inclusion (TRAIN) seeks to correct a
number of deficiencies in the tax system to make it simpler, fairer, and
more efficient.
PACKAGES
The Tax Amnesty Act allows errant taxpayers affordably settle their
outstanding tax liabilities, allowing for a “fresh start,” while providing
the government with additional revenues for its priority infrastructure
and social programs. It also signals the start of a more aggressive tax
Package 1B:
Tax Amnesty enforcement campaign by tax authorities.
Estate tax amnesty
Tax amnesty on delinquencies
COMPREHENSIVE TAX REFORM PROGRAM
PACKAGES
Seeks to lower the corporate income tax (CIT) rate
gradually from 30% to 20%
Reorient fiscal incentives toward strategic growth
Package 2: industries
Corporate
Make incentives available to investors who make net positive
Income Tax and
contributions to society.
Incentives
Rationalization
COMPREHENSIVE TAX REFORM PROGRAM
PACKAGES
Ensure financial sustainability for health expenditure
programs under the Universal Health Care (UHC)
PACKAGES
Broaden the tax base used for property and property-related
taxes, increasing government revenues without increasing the
existing tax rates or devising new tax impositions
Improve the quality of valuation of local governments and make
Package 3:
the revisions frequent, efficient, transparent, reliable and
Real Property
Valuation attuned to market developments
Foster private investors’ confidence, and build the public’s trust
in the valuations of government
COMPREHENSIVE TAX REFORM PROGRAM
PACKAGES
Simplify taxation of passive income, financial services, and
transactions.
Rationalize the documentary stamp tax (DST) on financial
transactions to lessen friction cost and enhance taxpayer
Package 4:
compliance.
Passive Income
and Financial With Package 4 reform, the Philippines can be more competitive in
Taxes attracting capital and investments needed to finance large-scale
infrastructure, create more and better jobs, and boost economic growth.
COMPREHENSIVE TAX REFORM PROGRAM
PACKAGES
Provide adequate funding for the maintenance of national
and provincial roads
Also aims to address air pollution from motor vehicles
Package 1C:
Motor Vehicle
User’s Charge
History of
TRAIN Law
HOUSE OF
REPRESENTATIVES
SEPTEMBER 26 House Bill No. 4774 was endorsed by the Department of Finance to the
2016
Philippine House of Representatives
JANUARY
2017
17 Filed before the legislature on by Congressman Dakila Cua
Thirteen hearings were conducted within the span of four months, House Bill
No. 7890 was consolidated with 54 other tax-related bills to come up with a
House Bill No. 5636
8
MAY 29 The DOF requested President Duterte to declare the bill as "urgent"
2017
The bill passed the final reading with 246 voting for and 9 against the bill,
having only one abstention.
31
SENATE
MARCH A version of the bill was filed in the Senate by then-Senate President Koko
2017
Pimentel
MAY Six public hearings were conducted by the senate. The Senate had to wait for
2017 the House of Representatives version to get pass before it could start plenary
discussions.
The Senate voted 17-1 to approve the TRAIN bill, with Sen. Risa Hontiveros
being the lone dissenter.
NOVEMBER 28
2017
The Senate bill passed the third and final reading.
BICAMERAL CONFERENCE
COMMITTEE
11 Approved a bill which favored the Senate version and prepared a report
for ratification of both chambers of the Congress and signing of the President
DECEMBER
2017
13
The House of Representatives and the Senate ratified the version of the
bill prepared by the Bicameral Conference Committee
SIGNING INTO LAW
AND PARTIAL VETO
PARTIAL VETO
Reduced income tax rate of employees of Regional Headquarters
1 (RHQs), Regional Operating Headquarters (ROHQs), Offshore Banking
Units (OBUs), and Petroleum Service Contractors and Subcontractors
PARTIAL VETO
Exemption of various petroleum products from excise tax when
used as input, feedstock, or as raw material in the manufacturing of
4 petrochemical products, or in the refining of petroleum products, or as
replacement fuel for natural gas fired combined cycle power plants
a. HB 5636 c. HB 7890
b. HB 4774 d. HB 7159
Question
How many abstentions did the bill that
passed the final reading in the House of
Representatives receive?
10000 5% 250000 0%
10000 30000 500 + 10% of excess over 10000 250000 400000 20% of excess over 250000
30000 70000 2500 + 15% of excess over 30000 400000 800000 30000 + 25% of excess over 400000
70000 140000 8500 + 20% of excess over 70000 800000 2000000 130000 + 30% of excess over 800000
140000 250000 22500 + 25% of excess over 140000 2000000 8000000 490000 + 32% of excess over 2000000
250000 500000 50000 + 30% of excess over 250000 8000000 2410000 + 35% of excess over 8000000
250000 0%
10000 30000 500 + 10% of excess over 10000 Above 3 Million Regular PIT Rates
CHANGES
Reduces the number of tax brackets from 7 to 6
Sets the highest amount of taxable income at more than P8 million and
subjects it to a higher marginal rate of 35%
CHANGES
Retains the income tax exemption of minimum wage earners
Retains the exemption from tax of 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 union dues
Increases the amount of tax-exempt benefits ceiling (13th month pay and
other benefits) from P82,000 to P90,000
Imposes a 20% final tax on PCSO and lotto winnings exceeding PI0 000
PERSONAL INCOME TAX
CHANGES
Removes the preferential tax rate of 1 for employees of regional or area
headquarters, regional operating headquarters, offshore banking units and
petroleum service contractors and subcontractors
Increases the fringe benefits tax (FBT) rate from 52% to 35%
CHANGES
Removes the deductions from gross estate pertaining to actual funeral
expenses or 5% of the gross estate, whichever is lower; judicial expenses;
and medical expenses but increased the amount of standard deduction from
5 Million P1 million to P5 million
CHANGES
Removes the deductions for nonresident estates pertaining to expenses,
losses, indebtedness, and taxes but provides for a standard deduction
amounting to PhP500,00
500 K
Deletes the provision that requires executor, administrator or anyone of the
heirs to include in the estate tax return that part of the nonresident aliens
gross estate not situated in the Philippines to be able to claim deductions
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 million to P5 million
5 Million
ESTATE TAX
CHANGES
Filing of Notice of Death
Deadline of Filing
Extends period within which the estate tax return should be filed, from 6
months 1
year from the decedent's death
ESTATE TAX
CHANGES
Payment on Installment Basis
Withdrawal Limit
Removes the P20, 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 6%
DONOR TAX
RA 10963 simplifies the donor's tax schedule
from an eight-bracket schedule with rates Insert photo here
ranging from 2% to 15% to a single rate of
6% of total gifts in excess of P250,000. The
6% tax rate likewise applies if the donee is
a stranger.
DONOR’S TAX
OLD TAX SCHEDULE NEW TAX RATE
CHANGES
Inserts an additional provision under Section 100 of the NIRC of 1997, as
amended, which provides that a bona fide, at arm's length and donative-intent
free sale, exchange or other transfer of property made in the ordinary course
of business shall be considered as made for an adequate and full
consideration in money or money's worth and is therefore not subject to the
donor's tax
Deletes the provision exempting from the donor's tax dowries or gifts made
by parents to each of their legitimate, recognized natural, or adopted children
on account of marriage
VALUE
ADDED TAX
BROADENING THE VAT DATABASE
CHANGES
WITHDRAWAL OF ZERO-RATED TRANSACTIONS
CHANGES
RETENTION OF VAT EXEMPTIONS
CHANGES
INCLUSION TO VAT-EXEMPT TRANSACTIONS
CHANGES
INCLUSION TO VAT-EXEMPT TRANSACTIONS
CHANGES
ADJUSTMENT TO VAT-EXEMPT THRESHOLDS
Over 1100000 to 2100000 112000 + 40% of value in excess of Over 1000000 to 4000000 20%
1100000
Over 4000000 50%
Over 2100000 512000 + 60% of value in excess of
2100000
EXCISE TAX
AUTOMOBILES
NOTES:
Denatured alcohol used for motive power 0.05 8.00 9.00 10.00
PETROLEUM PRODUCTS
For the period 2018 to 2020, the scheduled increase in the excise tax on fuel
shall be suspended for 3 months prior to the increase of the month when the
average Dubai crude oil price based on Mean of Platts Singapore (MOPS)
reaches or exceeds US$ 80 per barrel.
EXCISE TAX ON
SWEETENED
BEVERAGES
6 php/ liter of volume capacity Insert photo here
Tax on sweetened beverages using purely caloric sweeteners and
purely non-caloric sweeteners, or a mix of caloric and
non-caloric sweeteners
SWEETENED BEVERAGES
BEVERAGES COVERED BEVERAGES EXCLUDED
Sweetened Juice Drinks All milk products, including Plain Milk, Infant Formula
Milk, Powdered Milk, etc.
Sweetened Tea
Meal Replacement and Medically Indicated
Flavored Water Beverages
OLD TAX
2013 2014 2015 2016 2017 2018
SCHEDULE
increased
Cigarettes packed by machine by 4%
every year
thereafter
NRP 11.50 and below 12.00 17.00 21.00 25.00
30.00
NRP more than 11.50 25.00 27.00 28.00 29.00
PER PACK
TOBACCO PRODUCTS
NEW TAX
JAN 1, JUL 1, JAN 1, JAN 1, JAN 1, 2018
2018 2018 2020 2022
32.50
35.00
35.00
37.50
37.50
40.00
40.00
To be increased
by 4% every year
thereafter
EXCISE TAX
MINERAL
PRODUCTS
COAL AND COKE
MINERAL PRODUCT PER METRIC TON Insert photo here
OLD TAX RATE Coal and Coke 10.00
Indigenous petroleum 3% 6%
DOCUMENTARY
STAMP TAX
RA 10963 increases the DST rates by 100% except the Insert photo here
DST on debt instruments (Section 179) which only
increases by 50% and the DST on policies of insurance
upon property (Sec. 184), fidelity bonds and other
insurance (Sec. 185), indemnity bonds (Sec. 187), and
deeds of sale, conveyances and donation of real property
(Sec. 196) which remained unchanged.
DOCUMENTARY STAMP TAX
SECTION IN DOCUMENT/
TAX CODE INSTRUMENT/ TAX BASE OLD TAX RATE NEW TAX RATE
TRANSACTION
174 Original Issue of Shares of Stock Par Value 1.00 on each 0.50% 2.00 on 1.00%
200 each 200
With Par Value Par Value 0.75 on each 0.38% 1.50 on 0.75%
200 each 200
176 Bonds, Debentures, Certificates of Par Value Tas as required by law Tas as required by law
Stock or Indebtedness Issued in
Foreign Countries
177 Certificates of Profits or Interest in Face Value 0.50 on each 0.25% 1.00 on 0.50%
Property of Accumulations 200 each 200
179 Original Issue of all Debt Instruments Issue Price 1.00 on each 0.50% 1.50 on 0.75%
200 each 200
180 All Bills of Exchange or Drafts Face Value 0.15% 0.60 on 0.30%
each 200
181 Upon Acceptance of Bills of Exchange Face Value 0.30 on each 0.15% 0.60 on 0.30%
and Others 200 each 200
182 Foreign Bills of Exchange and Letters of Face Value 0.30 on each 0.15% 0.60 on 0.30%
Credit 200 each 200
DOCUMENTARY STAMP TAX
SECTION IN DOCUMENT/
TAX CODE INSTRUMENT/ TAX BASE OLD TAX RATE NEW TAX RATE
TRANSACTION
184 Policies of Insurance upon Property Premium 0,50 on each 12.50% 0,50 on 12.50%
4.00 each 4.00
185 Fidelity Bonds and Other Insurance Premium 0,50 on each 12.50% 0,50 on 12.50%
Policies 4.00 each 4.00
186 Policies of Annuities or Other Premium/Installmen 0.50 on each 0.25% 1 on each 0.50%
Instruments t payment/ Contract 200 200
Price
190 Jai-Alai, Horse Racing Tickets, Lotto Per Ticket 0.10; additional 0.10 on each 1.00 0.20; additional 0.20 on each 1.00
or Other Authorized Number Games if ticket exceeds 1.00 if ticket exceeds 1.00
191 Bills of Lading or Receipts Value 1 if value >100 or 10 of value 2 if value > 100 or 20 if value >
>1000 1000
194 Leases and Other Hiring Agreements Value 3 for 1st 2000 6 for 1st 2000
1 for each next 1000 2 for each next 1000
195 Mortgages, Pledges and Deeds of Amount Secured 20 for 1st 5000; 10 for each next 40 for 1st 5000; 20 for each next
Trust 5000 5000
196 Deeds of Sale, Conveyances and Value 15 for 1st 1000; 15 for 1st 1000;
Donation of Real Property 15 for each next 1000 15 for each next 1000
198 Assignments and Renewals of Certain Same as Original Same rate as original Same rate as original
Instruments
OTHER TAXES
FOREIGN CURRENCY DEPOSIT UNIT (FCDU)
RA 10963 increases the 5%-10% tax rates to a 15% single tax rate on net
capital gains realized by an individual and a domestic corporation from the
sale, barter, exchange or other disposition of shares of stock in a domestic
corporation that are not traded in the local stock exchange. The law, however,
retains the 5%-10% capital gains tax of a resident foreign corporation and
nonresident foreign corporation.
OTHER TAXES
STOCK TRANSACTIONS TAX (STT)
RA 10963 increases STT from 0.5% to 0.6% of the gross selling price or
gross value in money of the shares of stock sold, bartered, exchanged, or
otherwise disposed through the local stock exchange.
OTHER TAXES
COSMETIC PROCEDURES
RA 10963 levies a new excise tax equivalent 5% gross net of excise tax and
VAT, derived from performance of services on invasive cosmetic procedures,
surgeries, and body enhancements directed solely towards improving altering,
enhancing the patient's appearance.
TAX
ADMINISTRATION REFORM
Fuel Marking
ADMINISTRATION REFORM
Registry of Petroleum Manufacturers and Importers
ADMINISTRATION REFORM
Tax Incentive Report
ADMINISTRATION REFORM
Income Tax Returns
Sets the maximum number of pages of the income tax returns of individuals
and corporations to a maximum of 4 pages, in paper or electronic form, and
the information that they should contain
TAX
ADMINISTRATION REFORM
VAT Refund Centers
Requires the establishment of VAT refund centers in the BIR and in the BOC
and the earmarking of 5% of the total VAT collection for the purpose of
funding claims for VAT refund.
TAX
ADMINISTRATION REFORM
Zonal Values
ADMINISTRATION REFORM
Sweetened Beverages
The Food and Drug Administration (FRA) shall require all manufacturers and
importers of sweetened beverages covered by the law to put the required
labeling with unique identification of excisable sweetened beverages.
TAX
ADMINISTRATION REFORM
Audit Threshold
Provides for electronic sales reporting system for taxpayers engaged in the
export of goods and services and Large Taxpayers at their own expense within
5 years from the effectivity of the Act.
TAX
ADMINISTRATION REFORM
Electronic Sale Reporting System
ADMINISTRATION REFORM
Electronic Receipts
"The TRAIN, which provides for personal income tax (PIT) exemptions for
the first P250,000 of taxable income, along with other significant PIT cuts
for other tax brackets, provides Filipino taxpayers with “much-needed
relief” after 20 years of no adjustment on the rates," he said.
3rd
4th
5th
6th
7th
8th
9th
10th (richest)
-2 0 2 4 6 8
Chart: Punongbayan, J., 2019 (Graphics edited by the Authors), Source: Tuano et al., 2018
The chart shows shows that the government will have to give a lot of money to make the poor at least as well-off
as they were before TRAIN. It also shows that the poor and middle class hurt the most from TRAIN, not the rich.
BASELINE
Fisherfolk
Individuals
Women
Households
Farmers
Transport
Worker -8 -6 -4 -2 0 2 4
Change in poverty incidence (TRAIN with transfers) Change in poverty incidence (TRAIN without transfers)
Chart: Punongbayan, J., 2019 (Graphics edited by the Authors), Source: Tuano et al., 2018
Changes in welfare are measured by the change in poverty incidence which is affected by the change in incomes
and the change in commodity prices. Given that there are the increases in prices across many commodities is
higher than the increase in factor returns, there is a slight decline in real income and therefore an increase in
poverty incidence.
However, the provision of the cash transfers offsets the increase in poverty incidence across sectors, especially
for transport workers; most transportation workers are near poverty so that the income support program results
in a significant improvement in their welfare. But at the same time, there is a slightly higher poverty incidence
for the other sectors.
“
It is like the government is just
giving us a new perspective to
look at our taxes. You have higher
pay, but electricity, transport,
grocery bills will also be higher”
-Royd Agapito,
Market Analyst,
(earning Php 30,000 monthly)
Source: Rappler
“ Dati P5 per stick lang 'yung Marlboro.
Ngayon binebenta ko na ng P7 isa. Dahil mas
mahal na 'yung pakete, binawasan ko na
lang 'yung pagbili ko ng supplies. Ang taas
nang itinaas. Paano naman kaming walang
suweldo at pagbebenta ang kabuhayan?”
-Meanne Reyes, 48-year-old Vendor
Source: Rappler
Actual Outcome
ON REVENUE LOSSES
MEANWHILE, in another study titled “Assessment of Republic
Act 10963: The 2017 Tax Reform for Acceleration and
Inclusion,” PIDS Senior Research Fellow Rosario G. Manasan
said TRAIN 1 would lead to higher revenue losses for the
government.
She said the average effective tax rate (ETR) on compensation income will decline from
However, for the self-employed and/or professionals (SEPs), the decline in average ETR declines at a slower pace
from
1.7% 0.8% 0.7%
(Old tax regime) (2018-2022) (2023 onward)
“The gap between the average ETR between compensation earners and SEPs is expected to narrow but the
average ETR of SEPs is projected to continue to be lower than that from 2022 onward” Manasan said.
Actual Outcome
Overall, this study estimates the reforms under RA 10963 to result in a reduction in total tax revenues
of the national government of
2018 2019
Php 6B
(0.03% OF GDP)
These estimates of the incremental revenues are very much lower than the official estimates which
place the revenue gains from the TRAIN law at
2018 2019
Second, fare discounts for minimum wage earners, the unemployed and
the poorest 50% of the population has not been implemented to date
because of the absence of implementing mechanisms.
Third, the increase in the price of basic goods as a result of RA 10963 was
confounded by three extraneous events – the depreciation of the peso, the
rise in the world price of oil and the shortage of NFA rice in the market.
Which sector experienced the largest
improvement in welfare after the
provision of cash transfers?
a. Fisherfolk c. Farmers
b. Transport Sector d. Individuals
By how many percent
did it improve?
a. From 2.07% to -8.15%
b. From 2.00% to -9.00%
c. From 2.06% to -8.16%
d. From 3.00% to -8.00%
References
Castillo, C. J., Clarete, R., Muyrong, M., Tuano, P., & Banaag, M. (2018). Assessment of TRAIN’s Coal and Petroleum Excise Taxes: Environmental Benefits and Impacts on
Sectoral Employment and Household Welfare. Discussion Paper, 48-60.
de Vera, B. O. (2017, December 22). Duterte vetoes 5 Train provisions. Retrieved from https://business.inquirer.net/242937/duterte-vetoes-5-train-provisions
Manasan, R. (2018). Assessment of Republic Act 10963: The 2017 Tax Reform for Acceleration and Inclusion. Discussion Paper, 22-30.
Divina Law (2018). A Consolidated And Comparative Analysis Of Republic Act 10963 (Tax Reform For Acceleration And Inclusion Law)
Punongbayan, J. (2019, April 25). ANALYSIS:How the TRAIN law worsened poverty, inequality. Retrieved from
https://www.rappler.com/thought-leaders/228952-how-tax-reform-law-worsened-poverty-inequality-philippines
Philippine Information Agency. (2017, December 19). TRAIN is Duterte admin’s 'best Christmas and New Year’s gift' to Filipino people - DOF. Retrieved from
https://pia.gov.ph/news/articles/1003280
National Tax Research Center. (2018, March). Tax Changes You Need to Know. Retrieved October 7, 2019, from
http://www.ntrc.gov.ph/images/Publications/train/tax-changes-you-need-to-know.pdf.
Dela Paz, C. (2018, January 09). EXPLAINER: How the tax reform law affects Filipino consumers. Retrieved from
https://www.rappler.com/newsbreak/iq/193170-train-tax-reform-law-effects-filipino-consumers-workers
Ordinario, C. (2019, April 25). Study: TRAIN law hurt lower-income folk more. Retrieved from
https://businessmirror.com.ph/2019/04/25/study-train-law-hurt-lower-income-folk-more/
Gimena, A. (2019, January 14). Revisiting the TRAIN Law. Retrieved from https://www.bworldonline.com/revisiting-the-train-law/
Photo Sources
https://images.summitmedia-digital.com/entrepph/images/2018/02/26/Train-Tax-New-Law-3.jpg
https://assets.rappler.com/612F469A6EA84F6BAE882D2B94A4B421/img/BF7AB5794ED0455D8F263A4CE370B81A/nicr-vs-train-january-4-2018_BF7AB5794ED0455D8F263
A4CE370B81A.jpg
https://media.philstar.com/images/articles/duterte-year-2-train_2018-06-30_12-25-28.jpg
https://sa.kapamilya.com/absnews/abscbnnews/media/2017/business/01/15/carlos-dominguez_medium_thumbnail.jpg
https://apicms.thestar.com.my/uploads/images/2019/08/23/229703.jpg
http://www.philretailers.com/wp-content/uploads/2017/12/sweetened-beverage.jpg
https://www.cebuanalhuillier.com/wp-content/uploads/2016/09/15-filipino-superstitions-about-money3.jpg
https://www.metrofilegroup.com/wp-content/uploads/2017/04/metrofile-Businesses-Fear-Damage-or-Theft-of-Paper-Documents.jpg
https://www.amaialand.com/wp-content/uploads/2018/04/Single-Home.jpg
https://farm5.static.flickr.com/4840/44582497870_4b13f1b1b1_b.jpg
https://xledger.com/uk/wp-content/uploads/sites/4/2019/06/vat.jpeg
https://newsinfo.inquirer.net/files/2019/09/6edsa.jpg
https://www.pallwater.com/content/dam/pall-water/mining-&-metals/header-images/industry-headers-pallwater-MiningandMinerals.jpg
https://media.pia.gov.ph/source/baniquet1.jpg?1514007992167
https://pidswebs.pids.gov.ph/CDN/EVENTS/dsc_3570.jpg
https://www.cio.com/article/3288218/how-cloud-services-are-changing-it-outsourcing-in-the-philippines.html
https://trending.sfo2.cdn.digitaloceanspaces.com/trending-ph/home/trending/public_html/2019/03/population-e1544874061929.jpg
https://www.dw.com/image/42966137_303.jpg