Withholding tax on commission and brokerage fees: The pertinent issues

With effect from 1 July 2011, payers of commission or brokerage fees ‘for, or in connection with the procurement of any goods or services’ have been required to deduct a 10% withholding tax (WHT) on payments to service providers.

This tax was brought into force through the Income Tax Amendment Act No. 8 of 2011. We discuss below the pertinent issues to assist taxpayers with their compliance obligations. Typically, insurance brokers, debt collectors, estate agents and marketing agents are some of the persons who usually earn commission or brokerage fees. The WHT should be deducted from the VAT-exclusive commission or brokerage fees due to a service provider, where applicable. For example, where a person is to pay commission or brokerage fees of say P 224, 000 inclusive of VAT, the WHT would be determined on the VAT- exclusive amount of P 200, 000.

No WHT is deductible if the annual commission or brokerage fee is less than P 36, 000. As payments for commission and brokerage fees are usually done on a monthly basis, it seems, based on my observations, that there is a practice of deducting the WHT only on the amount in excess of P 3, 000. It should be noted that once the amount is P 3, 000 or more, the 10% WHT is deductible on the full amount.

Editor's Comment
Stakeholders must step up veggie supply

The Ministry of Agriculture, local producers, retailers, and industry associations must work together to overcome the obstacles hindering vegetable production and distribution.This collaborative approach is essential to improve the availability, quality, and affordability of vegetables in the market.Firstly, the Ministry of Agriculture should provide support and guidance to local farmers to enhance their productivity and efficiency. This could...

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