February 10, 1998

REVENUE MEMORANDUM ORDER NO. 08-98

SUBJECT : Corporate Stock Documentary Stamp Tax (DST) Program

TO : All Internal Revenue Officers and Others Concerned

I. RATIONALE
Relative to the imposition of Documentary Stamp Tax on issuances of shares of
stocks:
1. It has been observed that most corporations limit payment of
documentary stamp taxes to certi cates issued on paid-up capital
stocks; cda

2. The Supreme Court ruled that the documentary stamp tax on original
issues of certi cates of stock attaches upon acceptance of the
stockholder's subscription in the capital stock of a corporation
regardless of the physical issuance and delivery to the stockholder of
the certi cate of stock evidencing his stockholding as enunciated by
the Supreme Court in the case of the Commissioner of Internal
Revenue vs. Construction Resources of Asia, Inc.;
3. Revenue Memorandum Circular No. 47-97 clari ed that what is being
taxed is the privilege of issuing shares of stock, and, therefore, the
taxes accrue at the time the shares are issued. Further, issuance
means the point at which the stockholder acquires and may exercise
attributes of ownership over the stocks; and
4. Republic Act No. 8424 otherwise known as the "Tax Reform Act of 1997"
further clari es that the DST on original issues of shares of stock
shall attach, upon acceptance by the corporation of the stockholder's
subscription, regardless of the actual delivery of the certi cates of
stock pursuant to Section 175 of the Tax Code, as amended. cdt

II. OBJECTIVES
This Order seeks to:
1. Maximize collection of DST from all registered corporations relative to
their issuances of shares of stocks, taking into consideration the
above-mentioned clarifications;
2. Conduct a survey of active registered corporations vis-a-vis those
registered with this Bureau and the Securities and Exchange
Commission (SEC); and
3. Establish a database for monitoring original issues of corporate stock, as
well as subsequent transfers of shares of stocks and the
corresponding DST payments.
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 III. POLICIES AND GUIDELINES
1. All existing corporations shall le the Corporate Stock DST Declaration
(see Annex A), and the DST Return (BIR Form No. 2000), if applicable
when DST is still due on the subscribed share issued by the
corporation, on or before the tenth day of the month following
publication of this Order.
2. All new corporations shall le the Corporate Stock DST Declaration (see
Annex B), together with the DST Return (BIR Form No. 2000), on or
before the tenth day of the month following the date of registration
with the Securities and Exchange Commission.
3. All existing corporations with authorization for increased capital stock
shall le their Corporate Stock DST Declaration (see Annex C),
together with the DST Return (BIR Form No. 2000), if applicable when
DST is due on subscriptions made after the authorization, on or
before the tenth day of the month following the date of authorization.
4. DST shall be paid upon ling of the DST Return (BIR Form No. 2000) with
any authorized Accredited Agent Bank (AAB) in the RDO where the
corporation is registered or registrable. In RDOs where there are no
AABs, payment shall be made with the collection agent or duly
authorized Treasurer of the city or municipality where the principal
place of business is located. cdtai

5. For facility of audit or veri cation, the Stock and Transfer Book of the
corporation must contain information on DST payments.
IV. PROCEDURES
1. For the Taxpayer:
1.1 The corporation shall accomplish the DST Return (BIR Form No.
2000), together with the prescribed Annexes, in triplicate.
1.2 The corporation shall le the Return and pay the corresponding
DST with the AAB or the Collection Agent/City/Municipal
Treasurer at designated dates prescribed above.
All existing corporations that have already fully paid their DST
on issuances of subscribed shares of stock must le their
Corporate Stock DST Declaration (Annex A), together with
photocopies of the duly-received DST Return (BIR Form No.
2000) and other evidences of payment, with the Revenue
District Office where the corporation is registered.
1.3 The Corporate Secretary shall update accordingly the Stock and
Transfer Book of the corporation, by recording all DST
payments made for all shares subscribed or paid for.
2. For the Revenue Districts:
The Revenue District O cers shall make available su cient
copies of BIR Form No. 2000 and the Annexes herein prescribed to
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 the AABs and the requesting taxpayers.
The procedures on the receipt, transmittal and processing of
tax returns led thru the AABs as well as the processing and
submission of Batch Control Sheets (BCS) shall be as prescribed
under RMO No. 29-91, RMO No. 16-92 and RMO No. 61-94. In case of
Computerized Revenue Districts, the procedures provided in the
Operations Manual relative to the Registration System (REG), the
Collection and Bank Reconciliation System (CBRS) and the Returns
Processing System (RPS) shall govern. In addition, the following
procedures shall be observed:
2.1 For Non-Computerized Districts:
2.1.1 The Revenue District O ce shall segregate the returns
led under the Corporate DST Program under this Order
from the regular returns, upon retrieval of the returns
from AABs.
2.1.2 Number the returns led under this Order consecutively
as follows:
Ex.: RDO No. 20, Balanga, Bataan

DST-020-000001-97

DST-020-000002-97

DST-020-000003-97

2.1.3 Prepare a DST collection report under this Order making

sure that the taxes collected are included in the Form
12.09 report of the RDO.
2.1.4 Transmit the returns and the DST collection report to the
Revenue Region covering the Revenue District.
2.2 For Computerized Revenue Districts:
2.2.1 The Revenue Data Center shall receive from the AAB-HO
two (2) copies of the returns together with the
attachments for the CBR System and the Returns
Processing System (RPS).
2.2.2 Collection and Bank Reconciliation System (CBRS) copy:
a. The Document Processing Division of the RDC shall
segregate the DST returns from the regular returns
during the pre-processing stage; verify data
encoded by AABs and forward the returns to the
Administrative Division of the RDC.
b. The Administrative Division of the RDC shall transmit
the DST returns to the RDO concerned for the
preparation of DST Collection Reports. The RDOs
in the Computerized District O ces shall then
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 transmit the returns to their respective Regional
Offices.
2.2.3 Returns Processing System (RPS) copy:
a. The Document Processing Division shall segregate the
DST returns from the regular returns, encode them,
and forward the same to Quality Assurance
Division (QAD).
b. The QAD shall then prepare the account adjustment
form for penalty remission.
3. For the Revenue Regional Offices:
3.1. Gather the returns led under the corporate DST program and
evaluate these returns;
3.2 Prepare and submit a consolidated corporate DST Collection
Report and a listing of the corporations and their issuances of
shares of stocks to the Assistant Commissioner for
Assessment Service;
4. For the Assessment Service:
4.1 The National Assessment Support Task Force (NASTF), under the
Assistant Commissioner (Assessment Service), shall monitor
the implementation of the corporate DST in the Regional
Offices; and
4.2 Consolidate the DST reports of the Regional Offices
4.3 Submit a Monthly Collection Report, together with the
corresponding analysis, to the Collection Service, copy
furnished the Management Committee (MANCOM).
V. PENALTY CLAUSE
1. There shall be imposed, in addition to the DST required to be paid, a
surcharge equivalent to twenty- ve percent (25%) of the amount due,
in the following cases:
1.1 Failure to le the return and pay the tax due thereon on or before
the time prescribed by Items 1, 2 and 3 of the Policies and
Guidelines of this Order.
1.2 Failure to pay the full amount of tax shown on any return required
to be filed under this Order.
2. In case of willful neglect to le the return within the period prescribed by
this Order, or in case a false or fraudulent return is willfully made, the
penalty to be imposed shall be fty percent (50%) of the total amount
due.
3. In addition to the penalties herein imposed, penal liabilities, as provided
by law, shall be imposed upon the responsible corporate o cers for
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 each failure by the corporation to le the return, pay the tax, and
supply correct and accurate information as mandated by this Order.
4. All other civil and penal liabilities provided by law as are applicable to this
Order are hereby adopted.
VI. REPEALING CLAUSE
All other issuances and/or portions thereof inconsistent herewith are hereby
repealed and amended accordingly. cdasia

VII. EFFECTIVITY
This Order shall take effect immediately.

LIWAYWAY VINZONS-CHATO
Commissioner of Internal Revenue

ANNEX A
BIR Form No. 2000-A
Corporate Stock Documentary Stamp Tax (DST) Declaration for Existing Corporation

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 ANNEX B

BIR Form No. 2000-B

Corporate Stock Documentary Stamp Tax (DST) Declaration for New Corporation
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ANNEX C
BIR Form No. 2000-C
Corporation Stock Documentary Stamp Tax (DST) Declaration for Existing
Corporation on Additional Stock Authorization and New Subscription

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