Doctors are Subject to Withholding Tax

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Dialogue with Medical

Practitioners

BIR, Bonifacio St.,Davao City

December 7, 2011

2:00 – 4:00 pm

Presented by:

SUSAN A. DAJAO-TUSOY, CPA, MPS

Asst. Chief, Assessment Division

Revenue Region 19-Davao City

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Check your compliance

1. On registration w/ the BIR.

2. On issuance of authorized ORs/INVOICES

3. On keeping and maintaining of Books of Accounts.

4. On withholding & remittance of w/holding taxes, if applicable.

5. On filing of required tax returns and payment of taxes due thereon.

6. On submission of required information & returns to the BIR.

REGISTRATION

REQUIREMENTS

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When to register

On or before the commencement of business

Before payment of any tax due

Upon filing of a return, statement or declaration as required by the NIRC.

Employee: within 10 days from date of employment

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BIR Registration Procedures

PRIMARY

REGISTRATION

SECONDARY

REGISTRATION

STAGE 1 STAGE 2

Application &

Issuance of TIN

Registration of

Business/Practice of

Profession/Employment

Registration of books,

Issuance of ATP, CAS and Loose-leaf

Your Unique Identifier: TIN

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Only one TIN for life

Multiple TIN is punishable by law.

Professionals may electronically secure

TIN through e-REG system

REGISTRATION OF BRANCH

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Medical practitioners are also required to register and pay the corresponding

Registration Fee for each separate or distinct establishment.

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Practitioner’s Usual Tax Types

Registration Fee (RF)

Income Tax

Business Tax

VAT – 12% if gross annual fees exceed 1.5M or if opted to register as VAT Taxpayer

Percentage tax – 3% on the gross, if gross annual income is below 1.5M

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Practitioner’s Usual Tax Types

Withholding Taxes

- withholding tax on compensation income paid

- expanded withholding tax on income payments made

INVOICING

REQUIREMENTS

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Invoicing Requirements

Issue sequentially Official Receipt (OR) for fees received

Sales Invoice for sale of goods (medicines).

Each OR issued shall indicate the name and address of the client, date of transaction, nature of service rendered and the amount.

Invoicing Requirements

The OR shall be accomplished at least in duplicate

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The duplicate retained & preserved in place of business for 3 years from close of taxable year.

Sample of Commercial Invoice – A Non-VAT Official Receipt

SAMPLE ONLY

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Proper Invoicing and Receipting of Output Tax

Revenue Regulations 18-2011

• Reiterates Sec. 237 of the Tax Code that VAT-registered taxpayers should separately bill the VAT.

• The amount shall be shown as a separate item in the invoice or receipt

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Proper Invoicing and Receipting of Output Tax

Ex: If the amount charged is P560.00, it shall be presented in the following manner:

Professional Fee (P560.00/112%)

Add12% VAT (12% of P500.00)

Total Amount charged

P 500.00

60.00

P 560.00

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Proper Invoicing and Receipting of Output Tax

SAMPLE ONLY

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Proper Invoicing and Receipting of Output Tax

SAMPLE ONLY

Service Fee

12% VAT

Total

Particulars

P1,124.10

134.90

P1,259.00

VAT should be billed separately

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Proper Invoicing and Receipting of Output Tax

 Penalty

• for each act or omission, be punished by a fine of not less than

P1,000.00 but not more than P50,000.00 and

• suffer imprisonment of not less than two (2) years but not more than four (4) years.

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The importance of Asking for Receipts

To support input tax claims

Will facilitate audit trail

To ascertain that sales transactions are properly recorded

Corresponding taxes are paid

To support business purchases/expenses

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BOOKKEEPING

REQUIREMENTS

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BOOKKEEPING REQUIREMENTS

Cash or accrual

Preserved within the prescriptive period of

3yrs

Gross receipts exceeding P150,000 in any given quarter must be audited by a CPA

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BOOKKEEPING REQUIREMENTS

Transactions for the day must be entered in books on or before 12nn the following day.

Balances transferred to Ledger day following end of month

It’s not required to register new set of books every year; only before the pages of current book is almost used up.

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PATIENTS’ LOG BOOK (A subsidiary book)

Daily list of clients w/ the corresponding fees including those free of charge, per branch

Name and address

Date

Official receipt no.

Amount charge

Must be registered with the BIR

Tax Compliance Verification Drive

(Tax mapping)

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Original Certificate of Registration, Registration Fee and the

Ask for Receipt Notice must be conspicuously displayed in the physician’s place of business and/or clinic

C. UPDATE REGISTRATION DATA

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Accomplish Form 1905 and submit to your home RDO for:

Change of registered address

Change of registered activity

Change of tax types (cancellation or addition)

Additional personal exemption

Compliance

Requirements

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Doctors as Withholding Agent

( as payor )

Required to Withhold Taxes

Expanded Withholding Tax

• Rentals – 5%

• Contractors – 2%

Professional fees -10% - 15% etc. (see BIR Form 1601E)

Salary of employees, if paying more than the

Minimum Wage (Region XI – Non-agri. sector is

286.00 minimum wage per day) –

RMC 11-2011

Doctors as Withholding Agent ( as payor )

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Example: Dr. A is renting a clinic space at P30,000/mo.*

Expanded Withholding Tax is P 30,000 x 5% = P1,500.00

Due date: Every 10 th day of the following month except for the month of Dec., which shall be due on

Jan. 15

*net of VAT

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Doctors as Withholding Agent ( as payor )

Consequence if not remitted on time:

Computation:

Basic Tax (P30,000 x 5%) P 1,500.00

Add: 25% surcharge P 375.00

20% interest per annum* 24.65

comp. pen for late payment 700.00

1,099.65

Total Payable P 2,599.65

*assuming payment was delayed for 30 days (P1,500 x 20% x 30/365 days)

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Doctors are Subject to Withholding Tax ( as payee ) on their Professional Fees

Expanded Withholding Tax (EWT)

 creditable against Income Tax

15% if exceeding P720T, 10% for less than

 Disclosure Requirement (RR 12-01)

• Using the Notarized Sworn Declaration (Annex A of RR 12-01)

• Submit to the Collection Division

• Due on June 30 each year or within 15 days when the income reaches P720,000 whichever comes first

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Doctors are Subject to Withholding Tax ( as payee ) on their Professional Fees

It shall be the duty and responsibility of the hospital, clinic, PHIC, HMO to remit taxes withheld from the ff:

1.

2.

3.

PF paid by PHIC/HMOs to medical practitioners

PF paid by patients to medical practitioners thru hospitals or clinics

PF paid by patients directly to medical practitioners

• The applicable 10% of 15% EWT, shall in turn be given by the medical practitioners directly to the acctg. office of the hospitals or clinics

• The hospital shall issue BIR Form 2307

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Doctors are Subject to Withholding Tax ( as payee ) on their Professional Fees

Except:

• When there is proof that no PF has in fact been charged and paid by his patient

The patient/representative to execute Sworn

Declaration (Annex A of RR 12-98)

• Shall form part of the records of the hospital/clinic

• Must be readily available for tax audit purposes

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Doctors are Subject to Withholding Tax ( as payee ) on their Professional Fees

On Government Money Payments

(Ex: Payments of PHIC to medical doctors)

5% of Gross Income if VAT Registered Taxpayer

(creditable against VAT liability)

3% of Gross Receipts for Non-VAT Taxpayer

(creditable against Percentage Tax liability)

RMC 38-2011 / RMC 49-2011

 On the obligation of PHIC to withhold taxes from medical practitioners

 10% or 15% Expanded Withholding Tax

 5% Withholding Tax on VAT or 3% for Non-VAT practitioner

Illustration 1 – for payment of fees not covered by the

CASE RATE PROGRAM

• Assume that PHIC paid P4,000 to a VAT registered doctor representing professional fees

• Income Tax Withholding (EWT)

• P4000* /112% = P3,571.43 x 15%** = P 535.71

• VAT Withholding

• P4000* /112% = P3,571.43 x 5% = P 178.57

assumptions

*Inclusive of VAT

** No sworn declaration of income was submitted

Illustration 2 – for payment of fees not covered by the

CASE RATE PROGRAM

• Assume that PHIC paid P4,000 to a NON-VAT registered doctor representing professional fees

• Income Tax Withholding (EWT)

• P4000 x 15%* = P 600.00`

• PercentageTax Withholding

• P4000 x 3% = P120.00

assumption

* No sworn declaration of income was submitted

Illustration 2: covered by the CASE RATE PROGRAM

• The entire case rate shall be paid to the concerned facility provider

• The hospital will pay the professional fee

Shall withhold 10% or 15% EWT

No 5% VAT withholding for non-government hospital

Government hospital is required to withhold 5% for VAT

HOW TO COMPUTE Income Tax

Formula:

Aggregate professional income

Less: Allowable deductions or 40% OSD (of Gross Fees)

Personal & Add’l Exemptions

Taxable income

Tax due (see tax table on Form 1701)

Less Creditable withholding tax (Form 2307) *

Tax Payable (Overpayment) xxx

(xxx)

(xxx) xxx xxx xxx xxx

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*should be supported with valid BIR Form 2307

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HOW TO COMPUTE Income Tax

Exemptions are comprised of Personal

Exemption of P50,000 & Additional Exemption of P25,000 for each qualified dependent child not exceeding 4.

Valid claimant for additional exemption is the husband but wife can claim if the husband executes waiver.

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HOW TO COMPUTE Percentage Tax

Formula:

Gross Professional Fees Received

Multiply by tax rate

PercentageTax Due

P xxxx

3 %

P xxxx

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HOW TO COMPUTE VAT-regular transaction

Formula:

Output Tax (Gross receipts x 12%)

Less: Input Tax

(VAT taxable purchases x 12%)

VAT Payable

P xxx xxx

P xxx

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HOW TO COMPUTE VAT-gov’t transaction

Formula:

Output Tax (12% of Gross receipts )

Less Standard Input Tax

(7% of gross receipts)

VAT Payable

Less 5% withholding tax

VAT Payable

P xxx xxx

P xxx xxx

P xxx

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The importance of Withholding Tax Certificates

(Form 2306/2307)

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To support tax credit claims per return

No certificate, no tax credit allowed

Serve as proof of transaction

Note: Be conscientious in gathering the withholding tax certificates on time

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Stop filer Cases

Can be detected in our system

Such stop-filer case shall remain open until the corresponding return is duly filed and paid including penalties.

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VIOLATIONS CHECKLIST

On Registration Requirements

Failure to Register

Failure to Pay Annual Registration Fee

Failure to Display Annual Registration Fee

No Original Certificate of Registration Displayed

Failure to display the poster “Ask for Receipt”

If located in the

Cities

1 st Class

Municipality

2nd Class

Municipality

3rd Class

Municipality

P20,000

10,000

5,000

2,000

Penalties provided are inclusive of all other violations

P1,000

P1,000

P1,000

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VIOLATIONS CHECKLIST

On Invoicing Requirements

Failure to issue receipts/invoices

Refusal to issue receipts/invoices

1 st Offense 2 nd Offense

P10,000 P20,000

25,000 50,000

Duplicate Copy of the receipts/invoices is blank but the accomplished original is detached

Use of unregistered receipts/invoices

Incomplete information in the receipts/invoices

If the information missing is the correct amount of the transaction

Possession or use of multiple or double receipts or invoices

20,000

20,000

5,000

20,000

50,000

50,000

10,000

50,000

Not qualified for compromise

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VIOLATIONS CHECKLIST

On Bookkeeping

Requirements

Failure to register Books of

Accounts/Cash Register

Machine's Sales books

Failure to keep Books of

Accounts at the place of business

Failure to make entries in the registered Books of Accounts

If the gross annual sales, earnings or receipts

Exceeds

But Does Not

Exceed Compromise

P

10,000

20,000

30,000

50,000

75,000

100,000

250,000

500,000

1,000,000

5,000,000

10,000,000

20,000,000

50,000,000

P 10,000 P 200

20,000

30,000

50,000

75,000

100,000

250,000

500,000

1,000,000

400

600

1,000

1,600

2,000

3,000

5,000

7,500

5,000,000

10,000,000

20,000,000

50,000,000

x x x

10,000

15,000

20,000

30,000

50,000

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Thank you!

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egallery.c

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