Amending Section 268 of The National Internal Revenue Code of 1977
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Amending Section 268 of The National Internal Revenue Code of 1977
Presidential Decree No. 1456
June 11, 1978
Case Overview and Summary
Summary of Presidential Decree No. 1456Amending Section 268 of the National Internal Revenue Code of 1977
Objective: To increase the government's financial resources for economic development by imposing amusement taxes on certain establishments.
Amusement Tax Rates (Section 1):
- 12% on gross receipts of cockpits.
- 12% on gross receipts of cabarets, night or day clubs.
- 10% on gross receipts of boxing exhibitions.
- 10% on gross receipts of professional basketball games, in lieu of all other percentage taxes. (Section 1, Paragraph 4)
- 20% on gross receipts of Jai-Alai and race tracks.
- 10% on gross receipts of bowling alleys.
Definition of "Gross Receipts" (Section 1):
- Embraces all receipts of the proprietor, lessee, or operator of the amusement place.
- Includes income from television, radio, and motion picture rights, if any.
- Any person, entity, or association conducting a taxable activity is liable for the tax on their portion of the receipts.
Tax Payment and Returns (Section 1):
- Tax is payable quarterly, within 20 days after the end of each quarter.
- A true and complete return of the gross receipts for the preceding quarter must be filed.
- Failure to pay on time results in a 25% increase in the tax amount.
Penalties for Non-Compliance (Section 1):
- Willful neglect to file the return or filing a false or fraudulent return results in a 50% surcharge on the tax or deficiency tax.
Repeals and Modifications (Section 2):
- Repeals or modifies laws, orders, decrees, rules, and regulations inconsistent with this Decree, such as Section 13 of Presidential Decree No. 231 for boxing exhibitions.
Effective Date (Section 3):
- This Decree takes effect immediately.
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cockpits
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boxing exhibitions
professional basketball games
Jai-Alai
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bowling alleys
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Amending Section 268 of The National Internal Revenue Code of 1977
Presidential Decree No. 1456
•June 11, 1978
MALACAÑANGM a n i l a
PRESIDENTIAL DECREE No. 1456
AMENDING SECTION 268 OF THE NATIONAL INTERNAL REVENUE CODE OF 1977
WHEREAS, there is an urgent need to increase the financial resources of the government to meet its requirements for expanding economic development;
WHEREAS, there are amusement places which have not adequately contributed to the common burden;
WHEREAS, it is imperative that these amusement places contribute their just share to the government;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree:
Section 1. Section 268 of the National Internal Revenue Code of 1977, as amended, is hereby further amended to read as follows:
"Sec. 268. Amusement Taxes. There shall be collected from the proprietor, lessee or operator of cockfights, cabarets, night or day clubs, boxing exhibitions, professional basketball games, Jai-Alai, race tracks and bowling alleys, a tax equivalent to:
1. Twelve per centum in the case of cockpits,
2. Twelve per centum in the case of cabarets, night...
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