REVENUE REGULATIONS NOS. 12-98 AND 3-99

 

WITHHOLDING TAX ON MEDICAL PRACTITIONERS

 

These regulations were promulgated to streamline and make more efficient the collection of the creditable withholding tax on income payment to medical practitioners.

A creditable withholding tax of 10% shall be imposed on payments to medical practitioners. This withholding tax shall apply to (1) amounts collected for and paid to medical practitioners by hospitals and clinics, and (2) those paid directly to the medical practitioners by patients who are admitted and confined in hospitals or clinics.

A withholding tax of 5% shall be applied to payments made to a duly registered professional partnership which have been created by medical practitioners for the practice of the medical profession.

No withholding tax shall apply, whenever no professional fees have been charged by the medical practitioner and paid by his patient.

Responsibility of Hospital

It shall be the duty and responsibility of the hospital or clinic to withhold the 10% withholding tax on professional fees paid directly to hospitals or clinics by patients. The hospital or clinic shall be responsible for the accurate computation of professional fees paid directly to it.

With respect to professional fees paid by patients directly to medical practitioners, the 10% creditable withholding tax will be withheld by such practitioner, who must, in turn, remit such taxes directly to the Accounting Office of the hospital or clinics. The hospital or clinic must then remit the (1) withholding taxes it has directly withheld and (2) those forwarded by the practitioners on or before the 10th day of the following month for taxes withheld from January to November. For those withheld for the month of December, the deadline is January 25 of the following year.

The hospital or clinic must file with the BIR the following returns/documents:

    1. Monthly Remittance Return of Income Taxes Withheld (BIR Form 1601), which include withholding taxes from medical practitioners.
    2. List containing the names and addresses of practitioners who shall be grouped based on the following classification:

    1. The list must be submitted to the Collection Division of the BIR regional office where such clinic or hospital is located every 15th day after the end of each calendar quarter.

The Certificate of Creditable Tax Withheld at Source (BIR Form No. 2307) must be issued by the hospital or clinic to each medical practitioner who was subjected to withholding, every 20th day following the close of the taxable year. The names of medical practitioners shall be included in the Alphabetical List of Income Recipients attached to the Annual Information return (BIR Form No. 1601).



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