Taxation under the Local Gov't Code by Sir Rex

Real Excellence Online CPA Review [REO]32 minutes read

Cerrex B. Bangawan, CPA, MBA, discusses the complexities of local taxation in the Philippines, highlighting how local government units have distinct taxation powers and can levy taxes at higher rates to meet public service demands. He emphasizes the importance of compliance with local tax regulations for both physical and online businesses, while noting future educational resources aimed at enhancing understanding of local and preferential taxation.

Insights

  • Cerrex B. Bangawan highlighted that local taxation in the Philippines is distinct from national taxation, as local governments must pass specific legislative acts to impose taxes, while national taxation can be enacted without public consent. This emphasizes the autonomy and legislative requirements faced by local government units (LGUs) in managing their own tax systems.
  • Local government units can impose a variety of taxes, such as real property tax and additional levies like idle land tax, with rates and regulations varying significantly across different municipalities. This variability reflects the diverse economic conditions and service demands within each LGU, necessitating accurate classification and record-keeping for businesses to ensure compliance with local tax laws.

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Recent questions

  • What is local taxation?

    Local taxation refers to the system by which local government units (LGUs) in a country impose taxes on residents and businesses within their jurisdiction. This system is distinct from national taxation, as local governments have specific powers and limitations defined by law. In the Philippines, for example, local taxation encompasses various taxes such as real property tax, professional tax, and business taxes, which are levied based on property value, income, and other criteria. Local governments require legislative acts to impose these taxes, and they can set rates that reflect the unique needs and demands of their communities, often leading to higher rates in urban areas where public services are in greater demand.

  • How do local governments impose taxes?

    Local governments impose taxes through a structured process that involves legislative approval and adherence to specific legal frameworks. In the Philippines, each local government unit (LGU) has the authority to enact tax ordinances that define the types of taxes to be collected, the rates applicable, and the procedures for collection. Unlike national taxation, which can be implemented without public approval, local taxation requires a more participatory approach, often involving public consultations and discussions. This ensures that the tax policies reflect the needs and priorities of the local community while also complying with national laws that reserve certain taxing powers for the national government.

  • What are the types of local taxes?

    Local taxes can vary widely depending on the jurisdiction and the specific needs of the community. Common types of local taxes include real property tax, which is typically assessed at a percentage of the property's value, and business taxes, which may be based on gross receipts or net income. Additionally, local governments may levy special taxes such as idle land tax, which targets unutilized properties, and professional taxes, which apply to individuals practicing certain professions. Each local government unit has the discretion to determine the rates and types of taxes imposed, allowing for a tailored approach that addresses local economic conditions and public service requirements.

  • What are the deadlines for local tax payments?

    Deadlines for local tax payments can vary by jurisdiction and the type of tax being assessed. In the Philippines, for instance, real property tax payments are typically due by January 31 of each year, with incentives such as a 20% discount offered for early payments. Local governments may also provide options for installment payments, allowing taxpayers to spread their obligations throughout the year, often with specific deadlines for each installment. It is crucial for taxpayers to be aware of these deadlines to avoid penalties and ensure compliance with local tax regulations, as failure to meet payment deadlines can result in additional fees or legal consequences.

  • How do local tax rates differ by municipality?

    Local tax rates can differ significantly from one municipality to another, reflecting the unique economic conditions, public service needs, and policy priorities of each local government unit (LGU). In the Philippines, for example, municipalities have the authority to set their own tax rates for various categories, including business taxes and property taxes. This means that businesses operating in different municipalities may face varying tax obligations based on their location. Additionally, local governments may adjust their tax rates in response to changes in local economic conditions or to fund specific projects, leading to a dynamic tax environment that requires businesses and residents to stay informed about their local tax policies.

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Summary

00:00

Local Taxation Insights in the Philippines

  • The discussion focuses on taxation under the Local Government Code, led by speaker Cerrex B. Bangawan, CPA, MBA, emphasizing local taxation's unique aspects compared to national taxation.
  • The Philippines is divided into self-governing local government units (LGUs), including provinces, municipalities, and barangays, each with distinct taxation powers.
  • Cities can impose both provincial and municipal taxes, with a tax rate of up to 50% above the standard rate due to their higher demand for public services.
  • Local taxation differs from national taxation; local governments require legislative acts for tax imposition, while national taxation can be imposed without public approval.
  • Local government taxation includes various taxes, such as real property tax, with rates typically set at 2% of the assessed value of properties.
  • Real property tax payments are due by January 31, with a 20% discount for early payments; installment options are available until December 31.
  • Local governments can levy additional taxes, such as idle land tax and special education fund tax, based on property use and market value.
  • Taxable persons under local government include both natural and juridical persons, with varying tax rates across different LGUs.
  • Local taxation is subject to specific legal limitations, such as the national government's reserved taxing powers, which restrict local governments from imposing certain taxes.
  • The speaker encourages attendees to utilize online education resources and highlights the importance of adapting to technological advancements in CPA review processes.

01:17:19

Local Taxation and Business Compliance Overview

  • The executive branch oversees local taxation, with municipalities allowed to impose taxes up to 50% more than the national rate, affecting various business activities.
  • Professional tax for individuals is set at 300, with government employees exempt from practicing their profession due to occupational taxes.
  • Municipal taxes include investment and professional taxes, with specific rates based on gross income, property value, and business type, requiring accurate record-keeping.
  • Corporations face a tax of 2 pesos for every 5,000 pesos of gross receipts, while individual businesses are taxed based on their net income from business activities.
  • Taxpayers must file within 30 days of qualifying for business activities, with specific deadlines for each quarter of the calendar year.
  • Local business tax rates vary by municipality, requiring businesses to classify their activities accurately to apply the correct tax scheme.
  • Businesses with gross receipts up to 400,000 pesos are taxed at 2%, while specific rates apply to manufacturers, wholesalers, retailers, and service providers.
  • The proposed tax reform aims to reduce corporate tax from 30% to 25%, with a focus on eliminating unnecessary incentives over time.
  • Online businesses are subject to the same tax regulations as physical businesses, regardless of income levels, emphasizing the need for compliance.
  • Future publications on taxation, including textbooks on local and preferential taxation, are planned for release, enhancing educational resources for students and professionals.

02:30:28

Webinar and Quiz Show Registration Deadlines

  • Participants must sign up and fill out the evaluation form by February 3, 2021, to receive a certificate of participation for the webinar on taxation under the local government code.
  • The recorded webinar will not be uploaded on the NFJP page but will be available on the Real Excellence YouTube page; for updates, follow their Facebook page and join the Real Accountancy group.
  • The 13th National Accounting Quiz Showdown, in partnership with PIKBA, has a registration deadline of February 5, 2021; interested individuals should contact NFJP for more information.
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