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The Bureau of Internal Revenue (BIR) recently issued Revenue Memorandum Circular (RMC) No. 74-2023, amending Section 5 of Revenue Regulation No. 5-2021 regarding the Sworn Statement (Annex A) and Sworn Declaration (Annex B) to be submitted in order to avail the Income Tax Exemption of foreign-sourced dividends.  The annexes now provides for standard templates in case the domestic corporation receives multiple foreign-sourced dividends qualified for the income tax exemption. 

Sworn Statement

To qualify for the income tax exemption, domestic corporations must attach Annex A to their Annual Income Tax Return for the taxable year in which the dividends were received. Annex A should include the following details: the name and designation of the corporate officer, the name of the domestic corporation, taxpayer identification number, business address, taxable year covered, the name of foreign subsidiaries, amount of dividends, date of receipt, the reinvestment choice, and the date of the sworn statement.

Sworn Declaration

In addition to the Sworn Statement, domestic corporations are required to attach Annex B to their Annual Income Tax Return. Annex B should include the following details: the name and designation of the corporate officer, the name of the domestic corporation, taxpayer identification number, business address, names of foreign subsidiaries, amount received, amount utilized, date of disbursement, purpose of disbursement, and the date of the sworn declaration.

Compliance

Attaching Annexes A and B along with the Annual Income Tax Return is sufficient to avail the income tax exemption. However, if there has been partial or non-utilization of foreign-sourced dividends, the concerned domestic corporation must amend its Annual Income Tax Return for the specific period and pay the corresponding income tax due, including any applicable surcharge, interest, and penalties.

Please be guided accordingly.

 

Source:

P&A Grant Thornton

Certified Public Accountants

P&A Grant Thornton is the Philippine member firm of Grant Thornton International Ltd

 

As published in SunStar Cebu, dated 22 July 2023