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/ I No 3971 
S No 2293 
Begun and held in Metro Manila, on Monday, the twenty-third day 
of July, two thousand seven. 
[REPUBLIC ACT NO. 95041 
AN ACTAMENDING SECTIONS 22,24,34,35,51, AND 79 OF 
REPUBLIC ACT NO. 8424, AS AMENDED, OTHERWISE 
KNOWN AS THE NATIONAL INTERNAL REVENUE 
CODE OF 1997 
Be it enacled by the Senate and House of Represenlariiws of the 
Philippines in Congress assembled. 
SECTION 1. Section 22 of Republic Act No. 8424, as 
amended, otherwise known as the National Internal Revenue 
Code of 1997, is hereby further amended by adding the following 
definition after Subsection (FF) to read as follows: 
"SEC. 22. Definitions. - When used in this 
Title:
. 
"(A) x x x 
'IX x x 
"(FF) x x x 
"(GG) The term 'statutory minimum wage' 
shall refer to the rate fixed by the RegionalTripartite 
Wage and Productivity Board, as defined by the 
Bureau of Labor and Employment Statistics (BLES) 
of the Department of Labor and Employment 
(DOLE). 
"(HH) The term 'minimum wage earner'shall 
refer to a worker in the private sector paid the 
statutory minimum wage, or to an employee in the 
public sector with compensation income of not more 
than the statutory minimum wage in the non-agricultural 
sector where helshe is assigned." 
SEC. 2. Section 24(A) of Republic Act No. 8424, as 
amended, otherwise known as the National Internal Revenue 
Code of 1997, is hereby further amended to read as follows: 
"SEC. 24. Income Tax Rates. - 
"(A) Rates of Income Tax on Individual 
Citizen and Individual Resident Alien of the 
Philippines. - 
"(1) x x x: 
"x x x: and 
"(c) On the taxable income defined in Section 
31 of this Code, other than income subject to tax 
under Subsections (B), (C) and (D) of this Section, 
derived for each taxable year from. all sources 
within the Philippines by an individual alien who 
is a resident of the Philippines.
3 
"(2) Rates of Tax on Taxable Income of 
Individuals. - The tax shall be computed in 
accordance with and at the rates established in 
the following scheduie: 
"Not over P10.000. . . . . . . . . . . . . . . . .5% 
"Over Pl0,OOO but not over P30,OOU .... P500+10% of the 
PXCBSS "Yer P1o.ooo 
"Over P30,OOO but not over P70,OOO ..... P2,500+15% of the 
BYC~ S Sov er P30,OOO 
"Over P70,OOO but not over P140,OW ... .P8,500+20% of the 
excess over P70,OOO 
"Over P140,OUO but not over P250,OOO ... P22.50012536 of the 
P XC~ S SOW Pia,ooo 
"Over 250,000 but not over P500,OOO .....P 50,000130% of the 
excess over Pzmoon 
"Over P500.000 ................................... P125,000*32% of fhc 
~ X C ~ SOWS PS~O,OOO. 
"For married individuals, the husband and 
wife, subject to the provision of Section 51(D) 
hereof, shall compute separately their individual 
income tax based on their respective total taxable 
income: Prouided, That if any income cannot be 
definitely attributed to or identified as income 
exclusively earned or realized by either of the 
spouses, the same shall be divided equally between 
the spouses for the purpose of determining their 
respective taxable income. 
"Provided, That minimum wage earners as 
defined in Section 22(HH) of this Code shall be 
exempt from the payment of income tax on their 
taxable income: Prouided, further, That the holiday 
pay, overtime pay, night shift differential pay and 
hazard pay received by such minimum wage 
earners shall likewise be exempt from income tax. 
"x x x."
4 
Sb;c. 3. Section 34(L) of Republic Act No. 8424. as 
amended, otherwise known as the h'ational Internal Revenue 
Code of 1997, is hereby amended to read as follows: 
"SEC. 34. Deductions from Gross Income. - 
Except for taxpayers earning compensation income 
arising from personal services rendered under an 
employer-employee relationship where no 
deductions shall be allowed under this Section other 
than under Subsection (M) hereof, in computing 
taxable income subject to income tax under Sections 
24(A); 25(A); 26; 27(A), (B) and (C); and 28(A)(1), there 
shall be allowed the following deductions from gross 
income: 
"(A) Expenses. - 
I'X x x. 
"(L) Optional Standard Deduction. - In lieu 
of the deductions allowed under the preceding 
Subsections, an individual subject to tax under 
Section 24, other than a nbnresident alien, may elect 
a standard deduction,in an amount not exceeding 
forty percent (40%) of his gross sales or gross 
receipts, as the case may be. In the case of a 
corporation subject to tax under Sections 27(A) and 
28(A)(1), it may elect a standard deduction in an 
amount not exceeding forty percent (40%) of ita gross 
income as defined in Section 32 of this Code. Unless 
the taxpayer signifies in his return his intention to 
elect the optional standard deduction, he shall be 
considered as having availed himself of the deductions 
allowed in the preceding Subsections. Such election 
when made in the return shall be irrevocable for 
the taxable year for which the return is made: 
Provided, That an individual who is entitled to and 
claimed for the optional standard deduction shall not 
be required to submit with his tax return such 
financial statements otherwise required under this 
Code: Provided, further, That except when the
5 
Commissioner otherwise permits, the said individual 
shall keep such records pertaining to his gross sales 
or gross receipts, or the said corporation shall keep 
such records pertaining to his gross income as defined 
in Section 32 of this Code during the taxable year, 
as may be required by the rules and regulations 
promulgated by the Secretary of Finance, upon 
recommendation of the Commissioner. 
"(M) x x x. - 
I'X x x." 
SEC. 4. Section 35(A) and (B) of Republic Act No. 8424, as 
amended, otherwise known as the National Internal Revenue 
Code of 1997, is hereby amended to read as follows: 
5°C. 35. Allowance of Personal Exemption 
for Individual Taxpayer. - 
"(A) In General. - For purposes of determining 
the tax provided in Section 24(A) of this Title, there 
shall be allowed a basic personal exemption 
amounting to Fifty thousand pesos (P50,OOO) for each 
individual taxpayer. 
"In the case of married individuals where only 
one of the spouses is deriving gross income, only 
such spouse shall be allowed the personal exemption. 
"(B) Additional Exemption for Dependents. - 
There shall be allowed an additional exemption of 
Twenty-five thousand pesos (P25,OOO) for each 
dependent not exceeding four (4). 
"The additional exemption for dependents shall 
be claimed by only one of the spouses in the case of 
married individuals. 
"In the case of legally separated spouses, 
additional exemptions may be claimed only by the 
spouse who has custody of the child vr children:
6 
Prouided, That the total amount of additional 
exemptions that may be claimed by both shall not 
exceed the maximum additional exemptions herein 
allowed. 
"For purposes of this Subsection, a 'dependent' 
means a legitimate, illegitimate or legally adopted 
child chiefly dependent upon apd living with the 
taxpayer if such dependent is not more than twenty-one 
(21) years of age, unmarried and not gainfully 
employed or if such dependent, regardless of age, is 
incapable of self-support because of mental or physical 
defect. 
'tx x x.!' 
SEC. 5. Section 51(A)(2) of Republic Act No. 8424, as 
amended, otherwise known as the National Internal Revenue 
Code of 1997, is hereby further amended to read as follows: 
"SEC. 51. Individual Return. - 
"(A) Requirements. - 
"(1) Except as provided in paragraph (2) of this 
Subsection, the following individuals are required 
, , to file an income tax return: 
"(a) x x x; 
NIX x x. 
"(2) The following individuals shall not be 
required to file an income tax return: 
"(a) x x x; 
"(b) An individual with respect to pure 
compensation income, as defined in Section 32(A)(1), 
derived from sources within the Philippines, the 
income tax on which has been correctly withheld
7 
under the provisions of Section 79 of this Code: 
Prouided, That an individual deriving compensation 
concurrently from two or more employers at any 
time during the taxable year shall file an income'tax 
return; 
"(c) x x x; and 
"(d) A minimum wage earner as defined in 
Section 22(HH) of this Code or an individual who is 
exempt from income tax pursuant to the provisions 
of this Code and other laws, general or special. 
'Px x x." 
SEC. 6. Section 79(A) of Republic Act No. 8424, as amended, 
otherwise known as the National Internal Revenue Code of 1997, 
is hereby further amended to read as follows: 
"SEC. 79. Income Tax Collected at Source. - 
"(A) Requirement of Withholding. -Except in 
the case of a minimum wage earner as defined in 
Section 22(HH) ofthis Code, every employer making 
payment of wages shall deduct and withhold upon 
such wages a tax determined in accordance with the 
rules and regulations to be prescribed by the 
Secretary of Finance, upon recommendation of the 
Commissioner. 
"x x x." 
SEC. 7. Separability Clause. - If any provisionof this Act 
is declared invalid or unconstitutional, other provisions hereof 
which are not affected thereby shall continue to be in full force 
and effect. 
SEC. 8. Repealing Clause. - Any law, presidential decree 
or issuance, executive order, letter of instruction, administrative 
order, rule or regulation contrary to or inconsistent with any 
provision of this Act is hereby amended or modified accordingly.
8 
SEC. 9. Eff~ctiuityC lause. - This Act shall take effect 
fifteen (15) days following its publication in the Official Gazetle 
or in at least two (2) newspapers of general circulation. 
Approved, 
ANNY VILLAR 
President of the Senate 
il 
This Act which is a consolidation of House Bill No. 3971 
and Senate Bill No. 2293 was finally passed by the House 
of Representatives and t h e Senate on May 28, 2008 and 
May 27,2008, respectively. 
Secvetury General 
House of Representatives 
Approved: JUN 1 7 2008

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Republic Act No. 9504 - Minimum Wagers' Tax Exemption Law

  • 1. / I No 3971 S No 2293 Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand seven. [REPUBLIC ACT NO. 95041 AN ACTAMENDING SECTIONS 22,24,34,35,51, AND 79 OF REPUBLIC ACT NO. 8424, AS AMENDED, OTHERWISE KNOWN AS THE NATIONAL INTERNAL REVENUE CODE OF 1997 Be it enacled by the Senate and House of Represenlariiws of the Philippines in Congress assembled. SECTION 1. Section 22 of Republic Act No. 8424, as amended, otherwise known as the National Internal Revenue Code of 1997, is hereby further amended by adding the following definition after Subsection (FF) to read as follows: "SEC. 22. Definitions. - When used in this Title:
  • 2. . "(A) x x x 'IX x x "(FF) x x x "(GG) The term 'statutory minimum wage' shall refer to the rate fixed by the RegionalTripartite Wage and Productivity Board, as defined by the Bureau of Labor and Employment Statistics (BLES) of the Department of Labor and Employment (DOLE). "(HH) The term 'minimum wage earner'shall refer to a worker in the private sector paid the statutory minimum wage, or to an employee in the public sector with compensation income of not more than the statutory minimum wage in the non-agricultural sector where helshe is assigned." SEC. 2. Section 24(A) of Republic Act No. 8424, as amended, otherwise known as the National Internal Revenue Code of 1997, is hereby further amended to read as follows: "SEC. 24. Income Tax Rates. - "(A) Rates of Income Tax on Individual Citizen and Individual Resident Alien of the Philippines. - "(1) x x x: "x x x: and "(c) On the taxable income defined in Section 31 of this Code, other than income subject to tax under Subsections (B), (C) and (D) of this Section, derived for each taxable year from. all sources within the Philippines by an individual alien who is a resident of the Philippines.
  • 3. 3 "(2) Rates of Tax on Taxable Income of Individuals. - The tax shall be computed in accordance with and at the rates established in the following scheduie: "Not over P10.000. . . . . . . . . . . . . . . . .5% "Over Pl0,OOO but not over P30,OOU .... P500+10% of the PXCBSS "Yer P1o.ooo "Over P30,OOO but not over P70,OOO ..... P2,500+15% of the BYC~ S Sov er P30,OOO "Over P70,OOO but not over P140,OW ... .P8,500+20% of the excess over P70,OOO "Over P140,OUO but not over P250,OOO ... P22.50012536 of the P XC~ S SOW Pia,ooo "Over 250,000 but not over P500,OOO .....P 50,000130% of the excess over Pzmoon "Over P500.000 ................................... P125,000*32% of fhc ~ X C ~ SOWS PS~O,OOO. "For married individuals, the husband and wife, subject to the provision of Section 51(D) hereof, shall compute separately their individual income tax based on their respective total taxable income: Prouided, That if any income cannot be definitely attributed to or identified as income exclusively earned or realized by either of the spouses, the same shall be divided equally between the spouses for the purpose of determining their respective taxable income. "Provided, That minimum wage earners as defined in Section 22(HH) of this Code shall be exempt from the payment of income tax on their taxable income: Prouided, further, That the holiday pay, overtime pay, night shift differential pay and hazard pay received by such minimum wage earners shall likewise be exempt from income tax. "x x x."
  • 4. 4 Sb;c. 3. Section 34(L) of Republic Act No. 8424. as amended, otherwise known as the h'ational Internal Revenue Code of 1997, is hereby amended to read as follows: "SEC. 34. Deductions from Gross Income. - Except for taxpayers earning compensation income arising from personal services rendered under an employer-employee relationship where no deductions shall be allowed under this Section other than under Subsection (M) hereof, in computing taxable income subject to income tax under Sections 24(A); 25(A); 26; 27(A), (B) and (C); and 28(A)(1), there shall be allowed the following deductions from gross income: "(A) Expenses. - I'X x x. "(L) Optional Standard Deduction. - In lieu of the deductions allowed under the preceding Subsections, an individual subject to tax under Section 24, other than a nbnresident alien, may elect a standard deduction,in an amount not exceeding forty percent (40%) of his gross sales or gross receipts, as the case may be. In the case of a corporation subject to tax under Sections 27(A) and 28(A)(1), it may elect a standard deduction in an amount not exceeding forty percent (40%) of ita gross income as defined in Section 32 of this Code. Unless the taxpayer signifies in his return his intention to elect the optional standard deduction, he shall be considered as having availed himself of the deductions allowed in the preceding Subsections. Such election when made in the return shall be irrevocable for the taxable year for which the return is made: Provided, That an individual who is entitled to and claimed for the optional standard deduction shall not be required to submit with his tax return such financial statements otherwise required under this Code: Provided, further, That except when the
  • 5. 5 Commissioner otherwise permits, the said individual shall keep such records pertaining to his gross sales or gross receipts, or the said corporation shall keep such records pertaining to his gross income as defined in Section 32 of this Code during the taxable year, as may be required by the rules and regulations promulgated by the Secretary of Finance, upon recommendation of the Commissioner. "(M) x x x. - I'X x x." SEC. 4. Section 35(A) and (B) of Republic Act No. 8424, as amended, otherwise known as the National Internal Revenue Code of 1997, is hereby amended to read as follows: 5°C. 35. Allowance of Personal Exemption for Individual Taxpayer. - "(A) In General. - For purposes of determining the tax provided in Section 24(A) of this Title, there shall be allowed a basic personal exemption amounting to Fifty thousand pesos (P50,OOO) for each individual taxpayer. "In the case of married individuals where only one of the spouses is deriving gross income, only such spouse shall be allowed the personal exemption. "(B) Additional Exemption for Dependents. - There shall be allowed an additional exemption of Twenty-five thousand pesos (P25,OOO) for each dependent not exceeding four (4). "The additional exemption for dependents shall be claimed by only one of the spouses in the case of married individuals. "In the case of legally separated spouses, additional exemptions may be claimed only by the spouse who has custody of the child vr children:
  • 6. 6 Prouided, That the total amount of additional exemptions that may be claimed by both shall not exceed the maximum additional exemptions herein allowed. "For purposes of this Subsection, a 'dependent' means a legitimate, illegitimate or legally adopted child chiefly dependent upon apd living with the taxpayer if such dependent is not more than twenty-one (21) years of age, unmarried and not gainfully employed or if such dependent, regardless of age, is incapable of self-support because of mental or physical defect. 'tx x x.!' SEC. 5. Section 51(A)(2) of Republic Act No. 8424, as amended, otherwise known as the National Internal Revenue Code of 1997, is hereby further amended to read as follows: "SEC. 51. Individual Return. - "(A) Requirements. - "(1) Except as provided in paragraph (2) of this Subsection, the following individuals are required , , to file an income tax return: "(a) x x x; NIX x x. "(2) The following individuals shall not be required to file an income tax return: "(a) x x x; "(b) An individual with respect to pure compensation income, as defined in Section 32(A)(1), derived from sources within the Philippines, the income tax on which has been correctly withheld
  • 7. 7 under the provisions of Section 79 of this Code: Prouided, That an individual deriving compensation concurrently from two or more employers at any time during the taxable year shall file an income'tax return; "(c) x x x; and "(d) A minimum wage earner as defined in Section 22(HH) of this Code or an individual who is exempt from income tax pursuant to the provisions of this Code and other laws, general or special. 'Px x x." SEC. 6. Section 79(A) of Republic Act No. 8424, as amended, otherwise known as the National Internal Revenue Code of 1997, is hereby further amended to read as follows: "SEC. 79. Income Tax Collected at Source. - "(A) Requirement of Withholding. -Except in the case of a minimum wage earner as defined in Section 22(HH) ofthis Code, every employer making payment of wages shall deduct and withhold upon such wages a tax determined in accordance with the rules and regulations to be prescribed by the Secretary of Finance, upon recommendation of the Commissioner. "x x x." SEC. 7. Separability Clause. - If any provisionof this Act is declared invalid or unconstitutional, other provisions hereof which are not affected thereby shall continue to be in full force and effect. SEC. 8. Repealing Clause. - Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent with any provision of this Act is hereby amended or modified accordingly.
  • 8. 8 SEC. 9. Eff~ctiuityC lause. - This Act shall take effect fifteen (15) days following its publication in the Official Gazetle or in at least two (2) newspapers of general circulation. Approved, ANNY VILLAR President of the Senate il This Act which is a consolidation of House Bill No. 3971 and Senate Bill No. 2293 was finally passed by the House of Representatives and t h e Senate on May 28, 2008 and May 27,2008, respectively. Secvetury General House of Representatives Approved: JUN 1 7 2008