Skip to main content

TRAIN LAW - Salient features

Some relevant and important facts about the TRAIN law:

Title of the law:

This Act shall be known as the “Tax Reform for Acceleration and Inclusion” [1]

Known as:

“TRAIN LAW”

Date the law was signed:

19 December 2017

Date of Effectivity:

January 1, 2018
 
“This Act shall take effect on January 1, 2018 following its complete publication in the Official Gazette or in at least one (1) newspaper of general circulation. [2]

What's new in this law?

It introduces Significant and MAJOR Amendments to the NIRC of 1997 [3], are now in place, particularly:
  1. Personal Income tax rates
  2. Passive incomes
  3. Estate tax
  4. Donor’s tax
  5. VAT by expanding the tax base
  6. Removal of VAT exemptions
  7. Adjustments on Excise tax of Fuel. Automobiles, coal,
  8. Documentary Stamps tax
  9. New tax impose on sweetened beverages
  10. New tax impose on cosmetic procedure (non-essential services)
Salient Features (distinguishing features):
  1. Has 87 Sections.
  2. It REPEALED Sections 35, [4] 62 [5] and 89 [6] of Tax code (NIRC of 1997) [7]
  3. It AMENDED Sections 5, 6, 24, 25, 27, 31, 32, 33, 34, 51, 52, 56, 57, 58, 74, 79, 84, 86, 90, 91, 97, 99, 100, 101, 106, 107, 108, 109, 110, 112, 114, 116, 127, 128, 129, 145, 148, 149, 151, 155, 171, 174, 175, 177, 178, 179, 180, 181, 182, 183, 186, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 232, 236, 237, 249, 254, 264, 269, and 288;
  4. It CREATED new sections, thus: Sections 51-A, 148-A, 150-A, 150-B, 237-A, 264-A, 264-B, and 265-A.
  5. Forty eight (48) exemptions from VAT under Special Law are now subject to VAT [8]
Footnotes:

[1] Sec. 1 of RA 10963
[2] Sec. 87 of RA 10963
[3] National internal Revenue Code of 1997, Republic Act 8428
[4] See Section 35 of NIRC (National internal Revenue Code of 1997, Republic Act 8428), Allowance of Personal Exemption for Individual Taxpayer.
[5] Section 62. Exemption Allowed to Estates and Trusts. - For the purpose of the tax provided for in this Title, there shall be allowed an exemption of Twenty thousand pesos (P20,000) from the income of the estate or trust.
[6] Section 89. Notice of Death to be Filed. - In all cases of transfers subject to tax, or where, though exempt from tax, the gross value of the estate exceeds Twenty thousand pesos (P20,000), the executor, administrator or any of the legal heirs, as the case may be, within two (2) months after the decedent's death, or within a like period after qualifying as such executor or administrator, shall give a written notice thereof to the Commissioner.
[7] See Section 86 of TRAIN law (RA 10963) Repealing Clause,
[8] See Section 86 of TRAIN law (RA 10963) Repealing Clause,

Popular posts from this blog

People vs. Jugueta, 788 SCRA 331, G.R. No. 202124 April 5, 2016

G.R. No. 202124. April 5, 2016. PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. IRENEO JUGUETA, accused-appellant. PONENTE:  PERALTA, J.:  Synopsis: In Criminal Case No. 7702-G, Irenneo Jugueta was charged with Multiple Attempted Murder along with Gilbert Estores and Roger San Miguel. However, Roger San Miguel moved for reinvestigation of the case and was eventually dismissed, leaving Irenneo as the only defendant. The prosecution's witness, Norberto, testified that Irenneo and the two other men entered his family's nipa hut and fired shots, causing the death of one daughter and injury to another. Irenneo offered a defense of denial and alibi, but this was found to be weak by the trial court, which ruled that Irenneo conspired with the two other men to shoot the family of Norberto. The trial court's judgment was affirmed by the Court of Appeals. The main issue raised in the appeal was the inconsistencies in Norberto's testimony, but these were deemed to be trivial an...

Ocampo vs Enriquez, GR No. 225973| 11/8/2016

Full Text:  https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/62526 Doctrines: It is well-settled that no question involving the constitutionality or validity of a law or governmental act may be heard and decided by the Court unless the following requisites for judicial inquiry are present: (a) there must be an actual case or controversy calling for the exercise of judicial power; (b) the person challenging the act must have the standing to question the validity of the subject act or issuance; (c) the question of constitutionality must be raised at the earliest opportunity; and (d) the issue of constitutionality must be the very lis mota of the case. In this case, the absence of the first two requisites, which are the most essential, renders the discussion of the last two superfluous. An “actual case or controversy” is one which involves a conflict of legal rights, an assertion of opposite legal claims, susceptible of judicial resolution as distinguished from a hypothetical...

Nagkakaisang Maralita ng Sitio Masigasig, Inc. v. Military Shrine Services, et. al. | G.R. No. 187587| 2013

G.R. No. 187587| June 5, 2013  697 SCRA 359 Nagkakaisang Maralita ng Sitio Masigasig, Inc. vs. Military Shrine Services-Philippine Veterans Affairs Office, Department of National Defense; NMSI , Petitioner, vs. MSS - PVAO, DND,  Respondent; ---and--- G.R. No. 187654| June 5, 2013 WBLOA, INC. , represented by its Board of Directors, Petitioner, vs.    MSS - PVAO, DND , Respondent. Ponente :  SERENO, CJ.:  Doctrines :  (1) Petitioners suggest that there should be no distinction between laws of general applicability and those which are not; that publication means complete publication; and that the publication must be made forthwith in the Official Gazette. (2) The requirement of publication is indispensable to give effect to the law, unless the law itself has otherwise provided.  (3) The Supreme Court cannot rely on a handwritten note that was not part of Proclamation No. 2476 as published. Without publication, the note never had any legal...