Lecture-Documentary Stamp Tax
Lecture-Documentary Stamp Tax
Lecture-Documentary Stamp Tax
Documentary Stamp Tax is a tax on documents, instruments, loan agreements and papers evidencing the
acceptance, assignment, sale or transfer of an obligation, right or property incident thereto.
Tax Forms
BIR Form 2000-OT Documentary Stamp Tax Declaration Return (One- Time Transactions)
Documentary Requirements
Mandatory
Tax Rates
Tax Code Document Taxable Unit Tax Due Per % of Unit Taxable Base
Section Unit
174 Original Issue of Shares of Stock P200.00 or 2.00 1% Par value of shares of
with par value fraction thereof stocks
2.00 Actual consideration for
Original Issue of Shares of Stock P200.00 or 1% the issuance of shares of
without par value fraction thereof stocks
2.00
Stock Dividend Actual value represented
1% by each share
P200.00 or
fraction thereof
175 Sales, Agreements to Sell, P200.00 or 1.50 0.75% Par value of such stock
Memoranda of Sales, fraction thereof
Deliveries or Transfer of 50%
Shares or Certificates of
Stock
DST paid upon the
original issuance of said
Stock without par value stock.
176 Bonds, Debentures, Certificate P200.00 or .75 .375% Par value of such bonds,
of Stock or Indebtedness fraction debentures, Certificate of
issued in foreign Countries thereof Stock or Indebtedness
177 Certificate of Profits or P200.00 or 1.00 .5% Face value of such
Interest in Property or fraction thereof certificates /
Accumulation memorandum
178 Bank Checks, Drafts, On each 3.00
Certificate of Deposit not Document
bearing interest and other
Instruments
179 All Debt Instruments P200.00 or 1.50 .75% Issue price of any such
fraction thereof debt instruments or a
fraction of 365 days for
instrument with term of
less than 1 year
180 All Bills of Exchange or Drafts P200.00 or .60 .3% Face value of any such
fraction thereof bill of exchange or draft
181 Acceptance of Bills of P200.00 or .60 .3% Face value of such bill of
Exchange or order for the fraction thereof exchange or order or the
payment of money purporting Philippine equivalent of
to be drawn in a foreign
such value, if expressed in
country but payable in the
Philippines foreign currency
182 Foreign Bills of Exchange and P200.00 or .60 .3% Face value of such bill of
Letters of Credit fraction thereof exchange or letter of
credit or the Philippine
equivalent of such value,
if expressed in foreign
currency
183 Life Insurance Policies If the amount exempt Amount of Insurance
of insurance
does not
exceed
P100,000.00 20.00 Amount of Insurance
If the amount
of insurance
exceeds 50.00 Amount of Insurance
P100,000.00
but does not
exceed
P300,000.00
100.00 Amount of Insurance
If the amount
of insurance
exceeds
P300,000.00 150.00 Amount of Insurance
but does not
exceed
P500,000.00
200.00 Amount of Insurance
If the amount
of insurance
exceeds
P500,000.00
but does not
exceed
P750,000.00
If the amount
of insurance
exceeds
P750,000.00
but does not
exceed
P1,000,000.00
If the amount
of insurance
exceeds
P1,000,000.00
184 Policies Of Insurance upon P4.00 premium .50 12.5% Premium charged
Property or fraction
thereof
185 Fidelity Bonds and other P4.00 premium .50 12.5% Premium charged
Insurance Policies or fraction
thereof
186 Policies of Annuities or other P200.00 or 1.00 .5% Premium or installment
instruments fraction thereof payment or contract price
collected
.40 .20%
Pre-Need Plans P200.00 or Premium or contribution
fraction thereof collected
187 Indemnity Bonds P4.00 or fraction .30 7.5% Premium charged
thereof
188 Certificates of Damage or Each Certificate 30.00
otherwise and Certificate or
document issued by any
customs officers, marine
surveyor, notary public and
certificate required by law or
by rules and regulations of a
public office
189 Warehouse Receipts (except if Each Receipt 30.00
value does not exceed
P200.00)
190 Jai-alai, Horse Race Tickets, P1.00 and .20 20% Cost of the ticket
lotto or Other Authorized below cost of
Number Games ticket
Cost of the ticket
Additional
P0.20 on every
P1.00 or
fraction thereof
if cost of
ticket exceeds
P1.00
191 Bills of Lading or If the value of 2.00 Value of such goods
Receipts(except charter party) such goods
exceeds
P100.00 and
does not 20.00 Value of such goods
exceed
P1,000.00
Exempt
If the value
exceeds
P1,000.00
Freight tickets
covering goods,
merchandise or
effects carried
as accompanied
baggage of
passengers on
land and water
carriers
primarily
engaged in the
transportation
of passengers
192 Proxies (except proxies issued Each proxy 30.00
affecting the affairs of
associations or corporations,
organized for religious,
charitable or literary
purposes)
193 Powers of Attorney (except Each Document 10.00
acts connected with the
collection of claims due from
or accruing to the Government
of the Republic of the
Philippines, or the government
of any province, city or
Municipality)
194 Leases and other Hiring First 2,000 or 6.00 .3%
agreements or memorandum fractional part
or contract for hire, use or thereof
rent of any lands or
tenements or portions thereof 2.00 .2%
For every
P1,000 or
fractional part
thereof in
excess of the
first P2,000 for
each year of
the term of the
said contract or
agreement
195 Mortgage or Pledge of lands, First 5,000 40.00 .8% Amount Secured
estate, or property and Deeds
of Trust
On each P5,000 20.00 .4% Amount Secured
or fractional
part thereof in
excess of 5,000
196 Deed of Sale, Conveyances, First 1,000 15.00 1.5% Consideration or Fair
Donations of Real Property Market Value, whichever
(except grants, patents or is higher (if government
original certificate of is a party, basis shall be
adjudication issued by the the consideration)
government)
For each 15.00 1.5%
additional Consideration or Fair
P1,000 or Market Value, whichever
fractional part is higher (if government
thereof in is a party, basis shall be
excess of the consideration)
P1,000
197 Charter parties and Similar Charter parties
Instruments and similar
instruments if
gross tonnage
of the ship, 1st 6 months Registered gross tonnage
vessel or P1,000.00
steamer is: In excess + P
100.00
1,000 tons and
below
Registered gross tonnage
1st 6 months
P2,000.00
In excess +
P200.00
1,001 to
10,000 tons
Registered gross tonnage
1st 6 months
P3,000
In excess +
300
Over 10,000
tons
198 Stamp Tax on Assignments and At the same
Renewals or Continuance of rate as that
Certain Instruments imposed on
the original
instrument.
Procedures
1. In the case of constructive affixture of documentary stamps, by the person making, signing, issuing,
accepting, or transferring documents, instruments, loan agreements and papers, acceptances, assignments,
sales and conveyances of the obligation, right or property incident thereto wherever the document is
made, signed, issued, accepted or transferred when the obligation or right arises from Philippine sources
or the property is situated in the Philippines at the same time such act is done or transaction had;
2. In the case of Electronic Documentary Stamp Tax (eDST) System user, by the taxpayers belonging to
the industries mandated to use the web-based eDST System in the payment/remittance of DST liabilities
and the affixture of the prescribed documentary stamp on taxable documents and taxpayers who, at their
option, choose to pay the DST liabilities thru the eDST System pursuant to Revenue Regulations (RR)
No. 7-2009; and
Whenever one party to the taxable document enjoys exemption from the tax herein imposed, the other
party thereto who is not exempt shall be the one directly liable for the tax.
The return shall be filed within five (5) days after the close of the month when the taxable document was
made, signed, issued, accepted or transferred or upon remittance by revenue collection agents of
collection from the sale of loose documentary stamps.
The return shall be filed with the Authorized Agent Bank (AAB) within the territorial jurisdiction of the
Revenue District Office where the residence or place of business of the taxpayer is located or where the
collection agent is assigned. In places where there are no AABs, the return shall be filed directly with the
Revenue Collection Officer (RCO) within the Revenue District Office which has jurisdiction over the
residence or place of business of the taxpayer or where the collection agent is assigned.
Upon filing of this return, the total amount payable shall be paid to the AAB where the return is filed
within five (5) days after the close of the month when the taxable document was made. In places where
there are no AABs, the tax shall be paid with the Revenue Collection Officer who shall issue an
Electronic Revenue Official Receipt (eROR) therefor.
When the return is filed with an AAB, taxpayer must accomplish and submit BIR-prescribed deposit slip,
which the bank teller shall machine validate as evidence that payment was received by the AAB. The
AAB receiving the tax return shall stamp mark the word “Received” on the return and also machine
validate the return as proof of filing the return and payment of the tax by the 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 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.
Prior to the enrollment in the eDST System, taxpayers availing thereof, whether on the mandatory or
optional basis, shall be duly enrolled under the BIR Electronic Filing and Payment System (eFPS). In
paying the DST liabilities, BIR Form No. 2000 shall be filed and the amount due thereon shall be paid
thru the eFPS for taxpayers and PhilPass Facility of the Bangko Sentral ng Pilipinas for banks (AABs and
non-AABs).
For eFPS Taxpayer
The deadline for electronically filing and paying the taxes due thereon shall be in accordance with the
provisions of existing applicable revenue issuances.
The return shall be filed in triplicate by the person making, signing, issuing, accepting or transferring the
document or facility evidencing transaction pertaining to the following:
2. Conveyances, donations, deeds, instruments, or writings, other than grants, patents or original
certificates of adjudication issued by the Government, whereby any land, tenement, or other realty sold
shall be granted, assigned, transferred, donated or otherwise conveyed to the purchaser, or purchasers, or
to any other person or persons designated by such purchaser or purchasers or donee, there shall be
collected a documentary stamp tax, at the rates herein below prescribed, based on the consideration
contracted to be paid for such realty or on its fair market value determined in accordance with Section
6(E) of this Code, whichever is higher: Provided, That when one of the contracting parties is the
Government, the tax herein imposed shall be based on the actual consideration.
Whenever one party to the taxable document enjoys exemption from the tax herein imposed, the
other party thereto who is not exempt shall be the one directly liable for the tax.
The return shall be filed and the tax paid within five (5) days after the close of the month when the
taxable document was made, signed, issued, accepted or transferred.
The return shall be filed with and the tax paid to the Authorized Agent Bank (AAB) within the territorial
jurisdiction of Revenue District Office (RDO) where the seller/transferor/donor is required to be
registered or where the property is located in case of sale of real property.
When the return is filed with an AAB, taxpayer must accomplish and submit BIR-prescribed deposit slip,
which the bank teller shall machine validate as evidence that payment was received by the AAB. The
AAB receiving the tax return shall stamp mark the word “Received” on the return and also machine
validate the return as proof of filing the return and payment of the tax by the 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 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.
Payments may also be made thru the epayment channels of AABs or online facility, credit/debit/prepaid
cards, and mobile payments.
Payments amounting to twenty thousand pesos (P 20,000.00) and below 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 to the Revenue Collection Officer of the RDO concerned.
Revenue Regulations (RR) Nos. 9-2000, 6-2001, 13-2004, 7-2009, 6-2014, 4-2018
Revenue Memorandum Circular (RMC) Nos. 1-2010, 24-2010, 51-2010, 24-2011, 46-2014, 3-2018
OPM-AS-APMD 2017-06-06
OPM-AS-APMD 2017-06-01
Codal Reference
Secs. 51 to 70 of Republic Act No. 10963 of the Tax Reform for Acceleration and Inclusion (TRAIN)
Law
Sec. 173 to Sec. 201 of the National Internal Revenue Code (NIRC)
1) What are the documents/ papers not subject to Documentary Stamp Tax?
Under Section 9 of Revenue Regulations No. 13-2004, the following documents and papers are not
subject to DST:
Gifts made to or for the use of the National Government or any entity created by any of its
agencies which is not conducted for profit, or to any political subdivision of the said Government;
and
Gifts in favor of an educational and/or charitable, religious, cultural or social welfare corporation,
institution, accredited nongovernment organization, trust or philanthropic organization or
research institution or organization: Provided, however, that not more than thirty percent (30%)
of said gifts shall be used by such donee for administration purposes. For the purpose of this
exemption, a 'non-profit educational and/or charitable corporation, institution, accredited
nongovernment organization, trust or philanthropic organization and/or research institution or
organization' is a school, college or university and/or charitable corporation, accredited
nongovernment organization, trust or philanthropic organization and/or research institution or
organization, incorporated as a non-stock entity, paying no dividends, governed by trustees who
receive no compensation, and devoting all its income, whether students' fees or gifts, donation,
subsidies or other forms of philanthropy, to the accomplishment and promotion of the purposes
enumerated in its Articles of Incorporation.
Gifts made to or for the use of the National Government or any entity created by any of its
agencies which is not conducted for profit, or to any political subdivision of the said Government;
and
Gifts in favor of an educational and/or charitable, religious, cultural or social welfare corporation,
institution, accredited nongovernment organization, trust or philanthropic organization or
research institution or organization: Provided, however, that not more than thirty percent (30%)
of said gifts shall be used by such donee for administration purposes.
In the Authorized Agent Bank (AAB) within the territorial jurisdiction of the RDO which has jurisdiction
over the residence or principal place of business of the taxpayer or where the property is located in case of
sale of real property or where the Collection Agent is assigned. In places where there is no Authorized
Agent Bank, the return will be filed with the Revenue Collection Officer or duly authorized City or
Municipal Treasurer where the taxpayer's residence or principal place of business is located or where the
property is located in case of sale of real property or where the Collection Agent is assigned.
No notary public or other officer authorized to administer oaths shall add his jurat or acknowledgment to
any document subject to documentary stamp tax unless the proper documentary stamps are affixed thereto
and cancelled.
The eDST is a web-based application created for taxpayers and the BIR that is capable of affixing a
secured documentary stamp on the taxable documents as defined under the appropriate provisions under
Title VII of the National Internal Revenue Code of 1997, as amended, thru the use of a computer unit, any
laser printer with at least 1200 dpi resolution, and Internet Explorer 7.0 It is also capable of providing a 3-
layer watermark on stamps for added security. (Sec. 5 (1), RR No. 7-2009)
The DST rates as imposed under the Code, as amended by R.A. 9243 and further amended by R.A. 10963
shall be applicable on all documents not otherwise expressly exempted by the said law, notwithstanding
the fact that they are in electronic form. As provided for by R.A. 8792, otherwise known as the Electronic
Commerce Act, electronic documents are the functional equivalent of a written document under existing
laws, and the issuance thereof is therefore tantamount to the issuance of a written document, and therefore
subject to DST. (Sec. 10, RR No. 13-2004 as amended by RR No. 4-2018)
“Debt Instrument” shall mean instruments representing borrowing and lending transaction including but
not limited to:
debentures
certificates of indebtedness
due bills
bonds
loan agreements, including those signed abroad wherein the object of the contract is located or
used in the Philippines
instruments and securities issued by the government or any of its instrumentalities
deposit substitute debt instruments
certificates or other evidences of deposits that are drawing instrument significantly higher than
the regular savings deposit taking into consideration the size of the deposit and the risks involved
certificates or other evidences of deposits that are drawing interest and having a specific maturity
date
promissory notes, whether negotiable or non-negotiable, except bank notes issued for circulation
(Sec. 5, RR No. 13-2004)
8) Is any document, transaction or arrangement entered into under Financial Lease subject to
Documentary Stamp Tax?
Financial lease is akin to a debt rather than a lease. A nature of an obligation than a lease of personal
property. The mere act of extending credit is already a means of facilitating an obligation or advancing in
behalf of the lessee certain property in lieu of cash in exchange for a definitive amortization to be paid to
the lessor with profit margin included. Section 179 of the NIRC, as amended, covers all debt instruments.
Therefore, being a nature of an obligation, any document, transaction or arrangement entered into under
financial lease is subject to DST under such Section of the NIRC, as amended. (RMC No. 46-2014)