OFW/OCW BIR TAX TREATMENT OF INCOME AND REMITTANCE

SOURCE: www.poea.gov.ph

 

REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF FINANCE
BUREAU OF INTERNAL REVENUE
February 24, 2011
REVENUE REGULATIONS NO. 1-2011
SUBJECT: TAX TREATMENT OF INCOME EARNINGS AND MONEY REMITTANCES OF AN
OVERSEAS CONTRACT WORKER (OCW) OR OVERSEAS FILIPINO WORKER
(OFW)
TO: All Revenue Officials, Employees and Others Concerned
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Section 1. Objective
These Revenue Regulations are issued to clarify who are considered as OCW or OFW
for taxation purposes and to define the tax treatment of their income earned within and
without the Philippines of such persons considered as an OCW or OFW.
Section 2. Definition of an OCW
OCW refer to Filipino citizens employed in foreign countries, commonly referred to
as OFWs, who are physically present in a foreign country as a consequence of their
employment thereat. Their salaries and wages are paid by an employer abroad and is not
borne by any entity or person in the Philippines. To be considered as an OCW or OFW, they
must be duly registered as such with the Philippine Overseas Employment Administration
(POEA) with a valid Overseas Employment Certificate (OEC).
Seafarers or seamen are Filipino citizens who receive compensation for services
rendered abroad as a member of the complement of a vessel engaged exclusively in
international trade. To be considered as an OCW or OFW they must be duly registered as
such with the Philippine Overseas Employment Administration (POEA) with a valid Overseas
Employment Certificate (OEC) with a valid Seafarers Identification Record Book (SIRB) or
Seaman's Book issued by the Maritime Industry Authority (MARINA).
Section 3. Tax Treatment
A) Income Taxes:
Section 23 (C) of the National Internal Revenue Code of 1997, as amended states
that an individual citizen of the Philippines who is working and deriving income from abroad
as an overseas contract worker is taxable only on income from sources within the
Philippines: Provided, That a seaman who is a citizen of the Philippines and who receives
compensation for services rendered abroad as a member of the complement of a vessel
engaged exclusively in international trade shall be treated as an overseas contract worker.
Thus, an OCW or OFW's income arising out of his overseas employment is exempt from
income tax.
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However, if an OCW or OFW has income earnings from business activities or
properties within the Philippines, such income earnings are subject to Philippine income tax
as follows:
a. For Regular Income [Section 24 (A)]:
i. Tax Rate of 5 -32% of taxable income
b. For Passive Income [Section 24(B)]:
i. 20% Final Tax on Interest Income from any currency bank deposit and
yield or any monetary benefit from deposit substitutes and from trust
funds and similar arrangements;
ii. 20% Final Tax on any royalties;
iii. 10% Final Tax on any royalty related on books, as well as literary works
and musical compositions;
iv. 20% Final Tax on prizes (except prizes amounting to P10,000 or less which
shall be subject to regular income tax rate of 5 -32%) and other winnings
(except Philippine Charity Sweepstakes and Lotto Winnings);
v. Exemption from 7.5% Final Tax on Interest Income from a depository
bank under the expanded foreign currency deposit system upon
presentation of proof of non-residency such as OEC or Seaman's Book.
However, If the account is jointly in the name of the overseas contract
worker or a Filipino seaman, and an individual (spouse or dependent)
who is living in the Philippines, fifty percent (50%) of the interest income
from such bank deposit will be treated as exempt while the other fifty
percent (50%) shall be subject to a final withholding tax of seven and
one-half percent (7.5%);
vi. 10% Final Tax on cash or property dividends
vii. 5% / 10% Final Tax on net capital gains realized on sale, barter, exchange
or other disposition of shares of stock in a domestic corporation (except
shares sold or disposed of through the stock exchange);
viii. 6% Final Tax on capital gains from the sale, exchange or other disposition
of real property located in the Philippines classified as capital assets
based on gross selling price or current fair market value whichever is
higher;
ix. 5% / 12% / 20% Final Tax on interest income from long term deposits or
investment in the form of savings, common or individual trust funds,
deposit substitutes, investment management accounts and other
investments evidenced by certificates in such form prescribed by the
Bangko Sentral ng Pilipinas which was pre-terminated by the holder
before the fifth (5th) year.
B) Business Taxes:
An OCW or OFW may be subjected to 12% Value Added Tax (VAT) if in the course of
his trade or business, he sells, barters exchanges, leases goods or properties, renders
services in the Philippines or imports goods into the Philippines pursuant to Sections 106 to
108 of the National Internal Revenue Code of 1997, as amended. However, if gross annual
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sales and/or receipts do not exceed the amount of one million five hundred thousand pesos
(P1,500,000) and he opted not to register as a VAT taxpayer, he shall be liable to pay instead
3% percentage tax of his gross quarterly sales or receipts.
C) Other Taxes and Fees:
Section 35 of Republic Act No. 8042 otherwise known as the "Migrant Workers and
Overseas Filipinos Act of 1995," as amended by Sec 22 of Republic Act No. 10022, provides
that all migrant workers shall be exempt from the payment of travel tax and airport-fee
upon proper showing of proof entitlement (i.e. Overseas Employment Certificate [OEC])
issued by the POEA.
The remittances of all OCWs or OFWs, upon showing of the OEC or valid Overseas
Workers Welfare Administration (OWWA) Membership Certificate by the OCWs or OFW
beneficiary or recipient, shall be exempt from the payment of documentary stamp tax (DST)
as imposed under Section 181 of the National Internal Revenue Code of 1997, as amended.
For this purpose, in addition to the original copy, a duplicate copy or a certified true copy of
the valid proof of entitlement referred to above shall be secured by the OCW or OFW from
the POEA or OWWA, which shall be held and used by his/her beneficiary in the availment of
the DST exemption.
In case of OCWs or OFWs whose remittances are sent through the banking system,
credited to beneficiaries or recipient's account in the Philippines and withdrawn through an
automatic teller machine (ATM), it shall be the responsibility of the OCW or OFW to show
the valid proof of entitlement when making arrangement that for his/her remittance
transfers.
A proof of entitlement that is no longer valid shall not entitle an OCW or OFW to any
DST tax exemption.
Section 4. Effectivity Clause
This Revenue Regulations shall take effect immediately.
(Original Signed)
CESAR V. PURISIMA
Secretary of Finance
Recommending Approval:
(Original Signed)
KIM S. JACINTO - HENARES
Commissioner of Internal Revenue
REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF FINANCE
BUREAU OF INTERNAL REVENUE
Quezon City
August 17, 2012
REVENUE REGULATIONS NO. 11-2012
SUBJECT: Amending Certain Provisions of Revenue Regulations No. 1-2011 dated
February 24, 2011.
TO : All Internal Revenue Officials, Employees and Others Concerned.
________________________________________________________________________
Pursuant to the provisions of Sections 244 and 245 of the National Internal
Revenue Code of 1997, as amended, these Regulations are hereby promulgated to amend
Section 3 of Revenue Regulations (RR) No. 1-2011.
SECTION 1. Section 3 of RR No. 1-2011 is hereby amended to read as follows:
“Section 3. Tax Treatment
xxx
C) Other Taxes and Fees:
xxx
The remittances of all OCWs or OFWs, upon showing of the OEC,
valid Overseas Workers Welfare Administration (OWWA) Membership
Certificate, or electronic receipt (e-receipt) issued by POEA, by the
OCWs or OFW beneficiary or recipient, shall be exempt from the payment
of documentary stamp tax (DST) as imposed under Section 181 of the
National Internal Revenue Code of 1997, as amended. For this purpose, in
addition to the original copy, a duplicate copy or a certified true copy of
the valid proof of entitlement referred to above shall be secured by the
OCW or OFW from the POEA or OWWA, which shall be held and used
by his/her beneficiary in the availment of the DST exemption.
In case of OCWs or OFWs whose remittances are sent through the
banking system, credited to beneficiaries or recipient’s account in the
Philippines and withdrawn through an automatic teller machine (ATM), or
sent through non-bank money transfer agents, it shall be the
responsibility of the OCW or OFW to show the valid proof of entitlement
when making arrangement for his/her remittance transfers.
xxx
D) Monitoring
Local banks and non-bank money transfer agents are hereby required
to document remittances made by OCWs or OFWs following the format
below, for monitoring purposes:
OFW Remittances for the First Quarter of 2012
(Exempt from DST imposed under Sec. 181 of the NIRC, as amended, per R.A. No. 10022)
Name of
OCW/OFW
Sender
Name of
Recipient
Amount
(in Peso or
Peso
Equivalent)
Proof of
Entitlement to DST
exemption (i.e.,
OEC, e-receipt, or
OWWA
Membership
Certificate)
Date of Transaction
Remittance
Date
Encashment
Date
1. Juan Dela Cruz Jane Dela Cruz 20,000 **** Feb 1, 2012 Feb 1, 2012
**** [Indicate Control Number provided by the Philippine Overseas Employment Administration
(POEA)]
The above information is required to be furnished to the Revenue
District Office or Audit Division under the Large Taxpayers Service where
the banks and non-bank money transfer agents are registered on a quarterly
basis, to be submitted on or before the twentieth (20th) day following the close
of the quarter.
SECTION 2. REPEALING CLAUSE – All revenue issuances and parts thereof
which are inconsistent with these Regulations are considered revoked, repealed or
modified accordingly.
SECTION 3. EFFECTIVITY – These Regulations shall take effect after fifteen
(15) days from date of publication in a newspaper of general circulation.
(Original Signed)
CESAR V. PURISIMA
Secretary of Finance
Recommending Approval:
(Original Signed)
KIM S. JACINTO-HENARES
Commissioner of Internal Revenue