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Local Tax

Article X Section 5. Each local government unit shall have the power to create its own sources of revenues and to levy taxes, fees and
charges subject to such guidelines and limitations as the Congress may provide, consistent with the basic policy of local autonomy.
Such taxes, fees, and charges shall accrue exclusively to the local governments.

Provinces Municipalities Cities Barangays


Scope 1. Tax on Transfer of 1. Tax on Business, A city, may levy the 1. Taxes - On
Real Property including: taxes, fees, and stores or
Ownership a. manufacturers, charges which the retailers with
2. Tax on Business of assemblers, province or fixed business
Printing and repackers, municipality may establishments
Publication processors, brewers, impose: Provided, with gross sales
3. Franchise Tax distillers, rectifiers, however, That the or receipts of
4. Tax on Sand, Gravel and compounders of taxes, fees and charges the preceding
and Other Quarry liquors, distilled levied and collected by calendar year of
Resources spirits, and wines or highly urbanized and Fifty thousand
5. Professional Tax manufacturers of any independent pesos
6. Amusement Tax article of commerce component cities shall (P=50,000.00)
7. Annual Fixed Tax For b. On wholesalers, accrue to them and or less, in the
Every Delivery Truck distributors, or distributed in case of cities
or Van of dealers in any article accordance with the and Thirty
Manufacturers or of commerce of provisions of this Code. thousand pesos
Producers, whatever kind or The rates of taxes that (P=30,000.00)
Wholesalers of, nature the city may levy may or less, in the
Dealers, or Retailers c. distributors, dealers exceed the maximum case of
in, Certain Products or retailers of rates allowed for the municipalities,
essential province or at a rate not
commodities municipality by not exceeding one
enumerated more than fifty percent percent (1%) on
hereunder at a rate (50%) except the rates such gross sales
not exceeding one- of professional and or receipts
half (1/2) of the rates amusement taxes. 2. Service Fees or
prescribed under Charges -
barangays may
subsections (a), (b) collect
and (d) of this Section reasonable fees
(1) Rice and corn; or charges for
services
(2) Wheat or cassava rendered in
flour, meat, dairy connection with
products, locally the regulation
manufactured, or the use of
processed or barangay-
preserved food, owned
sugar, salt and other properties or
agricultural, marine, service facilities
and fresh water such as palay,
products, whether in copra, or
their original state or tobacco dryers.
not; 3. Barangay
Clearance - No
(3) Cooking oil and city or
cooking gas; municipality
may issue any
(4) Laundry soap, license or
detergents, and permit for any
medicine; business or
activity unless a
(5) Agricultural clearance is first
implements, obtained from
equipment and post- the barangay
harvest facilities, where such
fertilizers, pesticides, business or
insecticides, activity is
herbicides and other located or
farm inputs; conducted. For
such clearance,
the
(6) Poultry feeds and sangguniang
other animal feeds; barangay may
impose a
(7) School supplies; reasonable fee.
and The application
for clearance
(8) Cement shall be acted
upon within
d. On retailers seven (7)
e. On contractors and working days
other independent from the filing
contractors thereof. In the
f. On banks and other event that the
financial institutions, clearance is not
at a rate not issued within
exceeding fifty the said period,
percent (50%) of one the city or
percent (1%) on the municipality
gross receipts of the may issue the
preceding calendar said license or
year derived from permit
interest, commissions 4. Other fees and
and discounts from charges
lending activities, (1) On
income from financial commercial
leasing, dividends, breeding of
rentals on property fighting cocks,
and profit from cockfights and
exchange or sale of cockpits;
property, insurance
premium. (2) On places of
g. On peddlers engaged recreation
in the sale of any which charge
merchandise or
article of commerce, admission fees;
at a rate not and
exceeding Fifty pesos
(P50.00) per peddler (3) On
annually. billboards,
signboards,
h. On any business, not neon signs, and
otherwise specified in outdoor
the preceding advertisements.
paragraphs, which
the sanggunian
concerned may deem
proper to tax:
Provided, That on any
business subject to
the excise, value-
added or percentage
tax under the
National Internal
Revenue Code, as
amended, the rate of
tax shall not exceed
two percent (2%) of
gross sales or receipts
of the preceding
calendar year. The
sanggunian
concerned may
prescribe a schedule
of graduated tax rates
but in no case to
exceed the rates
prescribed herein
2. FOR METRO MANILA
MUNICIPALITIES:
municipalities within the
Metropolitan Manila Area
may levy taxes at rates
which shall not exceed by
fifty percent (50%) the
maximum rates
prescribed
3. The municipality may
impose and collect such
reasonable fees and
charges on business and
occupation and, except as
reserved to the province
in Section 139 of this
Code, on the practice of
any profession or calling,
commensurate with the
cost of regulation,
inspection and licensing
before any person may
engage in such business
or occupation, or practice
such profession or calling
4. he municipality may levy
fees for the sealing and
licensing of weights and
measures at such
reasonable rates as shall
be prescribed by the
sangguniang bayan
5. Fishery Rentals, Fees and
Charges
Common revenue1. Service Fees and Charges
raising powers 2. Public Utility Charges
3. Toll Fees or Charges
May levy community No Yes Yes No
tax
Collection of Taxes 1. tax period of all local taxes, fees and charges shall be the calendar year
2. all local taxes, fees, and charges shall accrue on the first (1st) day of January of each year
3. all local taxes, fees, and charges shall be paid within the first twenty (20) days of January or of each subsequent
quarter, as the case may be
4. sanggunian may impose a surcharge not exceeding twenty-five percent (25%) of the amount of taxes, fees or
charges not paid on time and an interest at the rate not exceeding two percent (2%) per month of the unpaid
taxes, fees or charges including surcharges, until such amount is fully paid but in no case shall the total interest
on the unpaid amount or portion thereof exceed thirty-six (36) months
5. Where the amount of any other revenue due a local government unit, except voluntary contributions or
donations, is not paid on the date fixed in the ordinance, or in the contract, expressed or implied, or upon the
occurrence of the event which has given rise to its collection, there shall be collected as part of that amount
an interest thereon at the rate not exceeding two percent (2%) per month from the date it is due until it is
paid, but in no case shall the total interest on the unpaid amount or a portion thereof exceed thirty-six (36)
months
6. All local taxes, fees, and charges shall be collected by the provincial, city, municipal, or barangay treasurer, or
their duly authorized deputies or local treasurer as the case may be
7. The provincial, city, municipal or barangay treasurer may, by himself or through any of his deputies duly
authorized in writing, examine the books, acc
8. Accounts, and other pertinent records of any person, partnership, corporation, or association subject to local
taxes, fees and charges in order to ascertain, assess, and collect the correct amount of the tax, fee, or charge
Remedies 1. Local Government's Lien
2. Civil Remedies
3. Distraint of Personal Property
4. Penalty for Failure to Issue and Execute Warrant
5. Advertisement and Sale subject to redemption
6. Collection of Delinquent Taxes, Fees, Charges or other Revenues through Judicial Action
Miscellaneous 1. Local government units may exercise the power to levy taxes, fees or charges on any base or subject not
provisions otherwise specifically enumerated
2. The procedure for approval of local tax ordinances and revenue measures shall be in accordance with the
provisions of this Code
3. certified true copies of all provincial, city, and municipal tax ordinances or revenue measures shall be
published
4. Copies of all provincial, city, and municipal and barangay tax ordinances and revenue measures shall be
furnished the respective local treasurers for public dissemination
5. Local government units shall have the authority to adjust the tax rates as prescribed herein not oftener than
once every five (5) years
6. Local government units may, through ordinances duly approved, grant tax exemptions, incentives or reliefs
under such terms and conditions as they may deem necessary
Taxpayer’s remedies 1. No action for the collection of such taxes, fees, or charges, whether administrative or judicial, shall be
instituted after the expiration of the 5 year period, and 10 years if there is fraud or intent to evade payment
2. When the local treasurer or his duly authorized representative finds that correct taxes, fees, or charges have
not been paid, he shall issue a notice of assessment stating the nature of the tax, fee or charge, the amount
of deficiency, the surcharges, interests and penalties, and the taxpayer may file a protest
3. No case or proceeding shall be maintained in any court for the recovery of any tax, fee, or charge erroneously
or illegally collected until a written claim for refund or credit has been filed with the local treasurer

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