Title II — TAX ON INCOME
a domestic corporation from a depository bank under the expanded
foreign currency deposit system shall be subject to a final income tax
at the rate of fifteen percent (15%)16 of such interest income.
(2) Capital Gains from the Sale of Shares of Stock Not Traded in the Stock
Exchange. — A final tax at the rate of fifteen percent (15%)17 shall
be imposed on net capital gains realized during the taxable year
from the sale, exchange or other disposition of shares of stock in a
domestic corporation except shares sold or disposed of through the
stock exchange.
(3) Tax on Income Derived under the Expanded Foreign Currency Deposit
System. — Income derived by a depository bank under the expanded
foreign currency deposit system from foreign currency transactions
with nonresidents, offshore banking units in the Philippines, local
commercial banks including branches of foreign banks that may
be authorized by the Bangko Sentral ng Pilipinas (BSP) to transact
business with foreign currency deposit system units and other
depository banks under the expanded foreign currency deposit
system shall be exempt from all taxes, except net income from such
transactions as may be specified by the Secretary of Finance, upon
recommendation by the Monetary Board to be subject to the regular
income tax payable by banks; Provided, however, That interest income
from foreign currency loans granted by such depository banks under
said expanded system to residents other than offshore banking units
in the Philippines or other depository banks under the expanded
system shall be subject to a final tax at the rate of ten percent (10%).
Any income of nonresidents, whether individuals or corporations,
from transactions with depository banks under the expanded system
shall be exempt from income tax.
(4) Intercorporate Dividends. — Dividends received by a domestic
corporation from another domestic corporation shall not be subject
to tax.
(5) Capital Gains Realized from the Sale, Exchange or Disposition of Lands
and/or Buildings. — A final tax of six percent (6%) is hereby imposed
on the gain presumed to have been realized on the sale, exchange
or disposition of lands and/or buildings which are not actually used
in the business of a corporation and are treated as capital assets,
based on the gross selling price or fair market value as determined
16
As amended by Section 7 of the TRAIN Law. Previous rate was 7.5%.
17
As amended by Section 7 of the TRAIN Law. Previous rates were 5% and 10%.
National Internal Revenue Code of 1997 (as amended by the TRAIN Law, RAs 11256, 11346 and 11467)
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