By Raynan F. Javil
Posted on February 14,
2017 [ bworldonline.com ]
THE HOUSE of
Representatives last night approved on third and final reading two measures
that separately seek to grant a one-time amnesty and impose a single rate for
estate tax.
File photo of the House
of Representatives
Approved were House Bill
(HB) No. 4814, or the proposed Estate Tax Amnesty Law, and HB 4815 which sets a
single rate compared to the current range.
Aside from contributing
to an overall increase in much-needed revenues, HB 4814 is designed to free up
properties -- otherwise encumbered by liability on the part of delinquents --
for productive use.
The proposed law seeks to
grant the following immunities and privileges to taxpayers who avail of the
planned amnesty: immunity from civil, criminal or administrative penalties;
estate tax amnesty returns for 2016 and prior years will not be admissible as
evidence in judicial, quasi-judicial, or administrative proceedings; and books
of accounts and other records of the taxpayers for the years covered by the
amnesty will not be examined.
The amnesty will cover
estate tax liabilities up to the year 2016.
Collection of appropriate
estate taxes has been elusive for the Bureau of Internal Revenue, with the past
administration estimating that annual take could actually go up to P10-50
billion from less than P1 billion currently.
Estate tax amnesty
measures in the Senate are still pending before the Senate ways and means
committee, chaired by Senator Juan Edgardo “Sonny” M. Angara.
On the other hand, HB
4815 seeks to impose a single tax rate of six percent.
The National Internal
Revenue Code of 1997 exempts from tax a net estate value of up to P200,000, and
levies 5%, 8%, 11%, 15% and 20% depending on which bracket the property belongs.
Those who will avail of
amnesty will just pay a six percent tax on the value of the property concerned,
sans penalties and sanctions otherwise provided by law.
A similar proposal to
impose a single six percent amnesty tax is part of the Finance department-backed
comprehensive tax reform package filed by House ways and means committee
chairman Rep Dakila Carlo E. Cua (Quirino) as HB 4774.
Mr. Cua said in a
telephone interview last night that the similar provision in the tax package
will stay for now as HB 4815 is not yet enacted since it will now have to go to
the Senate.
The Constitution provides
that all tax laws should emanate from the House.
“Hindi pa naman kailangan
tanggalin kasi hindi pa naman batas and it has to go through the Senate pa. Hindi
rin naman contradicting (There is no need to remove it from the tax package
because it is not yet a law and it has to go through the Senate. The provisions
are not contradicting),” said Mr. Cua.
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