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Guidelines BIR Form No. 2000-OT

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Guidelines and Instructions for BIR Form No.

2000-OT [January 2018 (ENCS)]


Documentary Stamp Tax Declaration / Return
(One-Time Transactions)
Who Shall File 2) The fair market value as shown in the Schedule of Values of the Provincial
and City Assessors; or
This return shall be filed in triplicate by the person making, signing, 3) The selling price of the property or fair market value of the property received
issuing, accepting or transferring the document or facility evidencing in an exchange transaction.
transaction pertaining to the following:
Provided, that when the sale is thru mortgage foreclosure sale or when one of the
1. Sales, or agreements to sell, or memoranda of sale, or deliveries, or contracting parties is the Government, the tax herein imposed shall be based on the actual
transfer of shares or certificates of stock in any association, company, or consideration.
corporation, or transfer of such securities by assignment in blank, or by
delivery, or by any paper or agreement, or memorandum or other In case of sale of real property paid under installment payment or deferred
evidences of transfer or sale whether entitling the holder in any manner to payment basis, the payment of documentary stamp tax (DST) shall accrue upon the
the benefit of such stock, or to secure the future payment of money, or for execution of the Deed of Absolute Sale but the basis for the imposition thereof shall be
the future transfer of any stock, there shall be collected a documentary the gross selling price or fair market value of the property, whichever is higher, at the
stamp tax of One peso and fifty centavos (P1.50) on each Two hundred time of the execution of the Contract to Sell.
pesos (P200) or fractional part thereof, of the par value of such due-bill,
certificate of obligation or stock; Provided, That only one tax shall be Effect of Failure to Stamp Taxable Document
collected on each sale or transfer of stock from one person to another,
regardless of whether or not a certificate of stock is issued, indorsed, or An instrument, document or paper which is required by law to be stamped
delivered in pursuance of such sale or transfer: and Provided, further, That and which has been signed, issued, accepted or transferred without being duly
in the case of stock without par value the amount of documentary stamp stamped, shall not be recorded, nor shall it or any copy thereof or any record of transfer
tax herein prescribed shall be equivalent to fifty percent (50%) of the of the same be admitted or used in evidence in any court until the requisite stamp or
documentary stamp tax paid upon the original issue of said stock. stamps shall have been affixed thereto and cancelled.

2. Conveyances, donations, deeds, instruments, or writings, other than No notary public or other officer authorized to administer oaths shall add his jurat
grants, patents or original certificates of adjudication issued by the or acknowledgment to any document subject to documentary stamp tax unless the proper
Government, whereby any land, tenement, or other realty sold shall be documentary stamps are affixed thereto and cancelled.
granted, assigned, transferred, donated or otherwise conveyed to the
purchaser, or purchasers, or to any other person or persons designated by Penalties
such purchaser or purchasers or donee, there shall be collected a
documentary stamp tax, at the rates herein below prescribed, based on the There shall be imposed and collected as part of the tax:
consideration contracted to be paid for such realty or on its fair market 1. A surcharge of twenty-five percent (25%) for the following violations:
value determined in accordance with Section 6(E) of the Tax Code, as a. Failure to file any return and pay the amount of tax due on or before the
amended, whichever is higher: Provided, That when one of the contracting due date;
parties is the Government, the tax herein imposed shall be based on the b. Filing a return with a person or office other than those with whom it is
actual consideration. required to be filed, unless otherwise authorized by the Commissioner;
c. Failure to pay the full or part of the amount of tax shown on the return, or
Whenever one party to the taxable document enjoys exemption from the the full amount of tax due for which no return is required to be filed on or
tax herein imposed, the other party thereto who is not exempt shall be the one before the due date;
directly liable for the tax. d. Failure to pay the deficiency tax within the time prescribed for its
remittance in the notice of assessment.
When and Where to File and Pay
2. A surcharge of fifty percent (50%) of the tax or of the deficiency tax, in case
The return shall be filed and the tax paid within five (5) days after the any payment has been made on the basis of such return before the discovery of
close of the month when the taxable document was made, signed, issued, the falsity or fraud, for each of the following violations:
accepted or transferred. a. Willful neglect to file the return within the period prescribed by the Code
or by rules and regulations; or
The return shall be filed with and the tax paid to the Authorized Agent b. A false or fraudulent return is willfully made.
Bank (AAB) within the territorial jurisdiction of Revenue District Office (RDO)
where the seller/transferor/donor is required to be registered or where the 3. Interest at the rate of double the legal interest rate for loans or forbearance of
property is located in case of sale of real property. In places where there are no any money in the absence of an express stipulation as set by the Bangko Sentral
AABs, the return shall be filed and tax paid with the Revenue Collection Officer ng Pilipinas from the date prescribed for remittance until the amount is fully
(RCO) of the RDO where the seller/transferor/donor is required to be registered remitted: Provided, That in no case shall the deficiency and the delinquency
or where the property is located in case of sale of real property, who will issue an interest prescribed under Section 249 Subsections (B) and (C) of the National
Electronic Revenue Official Receipt (eROR) therefor. Internal Revenue Code, as amended, be imposed simultaneously.

Payments amounting to twenty thousand pesos (P 20,000.00) and below 4. Compromise penalty as provided under applicable rules and regulations.
shall be paid in cash while payments above twenty thousand pesos (P 20,000.00)
shall be made through Manager’s Check or Cashier’s Check. For purposes of securing the electronic Certificate Authorizing Registration, the
following requirements shall be submitted by the taxpayer to the concerned Revenue
Payments may also be made thru the epayment channels of AABs thru District Office:
either their online facility, credit/debit/prepaid cards, and mobile payments.
Mandatory
When the return is filed with an AAB, taxpayer must accomplish and
submit BIR-prescribed deposit slip, which the bank teller shall machine validate 1. Document to which the documentary stamp shall be affixed;
as evidence that payment was received by the AAB. The AAB receiving the tax 2. Proof of exemption under special laws, if applicable.
return shall stamp mark the word “Received” on the return and also machine 3. Proof of payment of documentary stamp tax paid upon the original issue of
validate the return as proof of filing the return and payment of the tax by the the stock, if applicable.
taxpayer, respectively. The machine validation shall reflect the date of payment,
amount paid and transactions code, the name of the bank, branch code, teller’s Note: All background information must be properly filled out.
code and teller’s initial. Bank debit memo number and date should be indicated
in the return for taxpayers paying under the bank debit system.  All returns filed by an accredited tax agent on behalf of a taxpayer shall bear
the following information:
Taxable Base A. For Individual (CPAs, members of GPPs, and others)
a.1 Taxpayer Identification Number (TIN); and
A. For Transfer of Shares of Stocks: a.2 BIR Accreditation Number, Date of Issue, and Date of Expiry.
For Shares of Stocks With Par Value, the documentary stamp tax shall be B. For members of the Philippine Bar (Lawyers)
based on the par value of shares being sold or transferred; and b.1 TIN;
For Shares of Stocks Without Par Value, the documentary stamp tax b.2 Attorney’s Roll Number;
shall be equivalent to 50% (fifty percent) of the documentary stamp b.3 Mandatory Continuing Legal Education Compliance Number; and
tax paid upon the original issue of said stock. b.4 BIR Accreditation Number, Date of Issue, and Date of Expiry.

B. For Transfer of Real Property (Capital and Ordinary assets):  BIR Form 2000-OT (in triplicate copies) should be filed for every taxable
The Documentary Stamp Tax shall be based on whichever is higher of the document/transaction. Constructive affixture means filing a tax return and
following: paying the tax in accordance with the law.
1) The fair market value as determined by the Commissioner
(zonal value); ENCS

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