Title II — TAX ON INCOME
(3) For casual labor not in the course of the employer’s trade or business,
or
(4) For services by a citizen or resident of the Philippines for a foreign
government or an international organization.
If the remuneration paid by an employer to an employee for services
performed during one-half (½) or more of any payroll period of not
more than thirty-one (31) consecutive days constitutes wages, all the
remuneration paid by such employer to such employee for such period
shall be deemed to be wages; but if the remuneration paid by an employer
to an employee for services performed during more than one-half (½)
of any such payroll period does not constitute wages, then none of the
remuneration paid by such employer to such employee for such period
shall be deemed to be wages.
(B)
Payroll Period. — The term ‘payroll period’ means a period for which
payment of wages is ordinarily made to the employee by his employer, and
the term ‘miscellaneous payroll period’ means a payroll period other than, a
daily, weekly, biweekly, semi-monthly, monthly, quarterly, semi-annual, or
annual period.
(C)
Employee. — The term ‘employee’ refers to any individual who is the
recipient of wages and includes an officer, employee or elected official of
the Government of the Philippines or any political subdivision, agency or
instrumentality thereof. The term ‘employee’ also includes an officer of a
corporation.
(D)
Employer. — The term ‘employer’ means the person for whom an
individual performs or performed any service, of whatever nature, as the
employee of such person, except that:
(1) If the person for whom the individual performs or performed any
service does not have control of the payment of the wages for such
services, the term ‘employer’ (except for the purpose of Subsection A)
means the person having control of the payment of such wages; and
(2) In the case of a person paying wages on behalf of a nonresident alien
individual, foreign partnership or foreign corporation not engaged in
trade or business within the Philippines, the term ‘employer’ (except
for the purpose of Subsection A) means such person.
SEC. 79. Income Tax Collected at Source.37—
(A)
Requirement of Withholding. — Except in the case of a minimum wage
earner as defined in Section 22(HH) of this Code, every employer making
37
As amended by Section 21 of the TRAIN Law. Subsections (D) (Personal Exemptions) and (F)
(Husband and Wife) were removed.
National Internal Revenue Code of 1997 (as amended by the TRAIN Law, RAs 11256, 11346 and 11467)
95
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