Title II — TAX ON INCOME
(2) Cash and/or Property Dividends. — A final tax at the rate of ten
percent (10%)12 shall be imposed upon the cash and/or property
dividends actually or constructively received by an individual from
a domestic corporation or from a joint stock company, insurance
or mutual fund companies and regional operating headquarters of
multinational companies, or on the share of an individual in the
distributable net income after tax of a partnership (except a general
professional partnership) of which he is a partner, or on the share
of an individual in the net income after tax of an association, a joint
account, or a joint venture or consortium taxable as a corporation of
which he is a member or co-venturer.
(C)
Capital Gains from Sale of Shares of Stock not Traded in the Stock
Exchange. — The provisions of Section 39(B) notwithstanding, a final
tax rate of fifteen percent (15%)13 is hereby imposed upon the net capital
gains realized during the taxable year from the sale, barter, exchange
or other disposition of shares of stock in a domestic corporation, except
shares sold, or disposed of through the stock exchange.
(D)
Capital Gains from Sale of Real Property. —
(1) In General. — The provisions of Section 39(B) notwithstanding,
a final tax of six percent (6%) based on the gross selling price
or current fair market value as determined in accordance with
Section 6(E) of this Code, whichever is higher, is hereby imposed
upon capital gains presumed to have been realized from the sale,
exchange, or other disposition of real property located in the
Philippines, classified as capital assets, including pacto de retro sales
and other forms of conditional sales, by individuals, including estates
and trusts: Provided, That the tax liability, if any, on gains from sales
or other dispositions of real property to the government or any of
its political subdivisions or agencies or to government-owned or
-controlled corporations shall be determined either under Section
24(A) or under this Subsection, at the option of the taxpayer;
(2) Exception. — The provisions of paragraph (1) of this Subsection to
the contrary notwithstanding, capital gains presumed to have been
realized from the sale or disposition of their principal residence by
natural persons, the proceeds of which is fully utilized in acquiring or
constructing a new principal residence within eighteen (18) calendar
months from the date of sale or disposition, shall be exempt from the
22
12
As amended by Section 5 of the TRAIN Law. Old rates were removed.
13
As amended by Section 5 of the TRAIN Law. Previous rates were 5% and 10%.
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