REVENUE REGULATIONS NO. 5-2017 issued on April 20, 2017 prescribes the rules and regulations implementing Republic Act (RA) No. 10754 [An Act Expanding the Benefits and Privileges of Persons with Disability (PWD)] relative to the tax privileges of persons with disability and tax incentives for establishments granting sales discount, and the guidelines for the availment thereof, amending Revenue Regulations (RR) No. 1-2009. Qualified PWD shall be entitled to claim at least Twenty Percent (20%) discount from the following establishments relative to the sale of goods and services, for their exclusive use and enjoyment or availment of the PWD: a. Hotels and similar lodging establishments; restaurants and recreation centers; b. Theaters, cinema houses, concert halls, circuses, carnivals and other similar places of culture, leisure and amusement; c. All drugstores regarding purchase of generic and branded medicine; d. Medical and dental services including diagnostic and laboratory fees (e.g., xrays, computerized tomography scans and blood tests) and professional fees of attending doctors in all government facilities or all private hospitals and medical facilities subject to the guidelines to be issued by the DOH, in coordination with the Philippine Health Insurance Corporation (PhilHealth); e. Domestic air and sea transportation based on the actual fare. For promotional fares, the PWD can avail the establishment’s offered discount or the 20% discount provided herein, whichever is higher and more favorable; f. Land transportation privileges based on the actual fare, such as public utility buses or jeepneys (PUBs/PUJs), taxis, Asian Utility Vehicles (AUVs), shuttle services and public railways such as Light Rail Transit (LRT), Metro Rail Transit (MRT), Philippine National Railways (PNR), and such other similar infrastructure that will be constructed, established and operated by public or private entity; and g. Funeral and burial services for the death of the PWD. Provided, that the beneficiary or any person who shall shoulder the funeral and burial expenses of the deceased PWD shall claim the discount under this rule for the deceased PWD upon presentation of the death certificate and PWD Identification Card (ID) or, in its absence, the original or certified true copy of the proof of registration from the issuing local government unit. Such expenses shall cover the purchase of casket or urn, embalming, hospital morgue, transport of the body to intended burial site in the place of origin, but shall exclude obituary publication and the cost of the memorial lot. All other goods and services sold by the foregoing establishments not included in the above enumeration expressly provided by law shall not be considered for the 20% discount privilege notwithstanding that the same are for the exclusive use and enjoyment or availment of the PWD. All establishments, which granted sales discounts on their sale of goods and/or services to PWD may claim the said discount as deduction from the gross income for the same taxable year that the discount is granted. Provided that, the name of PWD and the PWD ID No. are reflected in the required record of sales for PWD. The total amount of the claimed tax deduction net of Value-Added Tax (VAT), if applicable, shall be included in their gross sales receipt for tax purposes, and shall be subject to proper documentation and to the provisions of National Internal Revenue Code, as amended. Thus, if there are no names of PWD and PWD Identification Card (PWD ID) Nos. in the records of sales, the sales discount claimed as deduction by business establishments shall be disallowed. For percentage taxpayer, the amount of sales discounts shall be excluded for purposes of computing the Three Percent (3%) Percentage Tax but shall be included as part of the gross sales/receipts for income tax purposes. The sales discount granted shall then be accounted as deduction from the gross income of the establishment for the same taxable year that the discount was granted. Only that portion of the gross sales exclusively used, consumed or enjoyed by the PWD shall be eligible for the deductible sales discount. The seller must record its sales inclusive of the discount granted, not as a reduction of sales to arrive at net sales, but as a deduction from its gross income (sales less cost of sales). The sales discount shall be treated as a necessary and ordinary expense duly deductible from the gross income of the seller (falling under the category of itemized deductions) for the same taxable year that it is granted, and shall not be accounted as deductible expense for taxpayers availing the Optional Standard Deduction. The gross selling price and the sales discount must be separately indicated in the official receipt or sales invoice issued by the establishment for the sale of goods or services to the PWD. Only the actual amount of the sales discount granted or a sales discount not exceeding 20% of the gross selling price or gross receipts can be deducted from the gross income, net of VAT, if applicable, and shall be subject to proper documentation under pertinent provisions of the Tax Code of 1997, as amended. The business establishment giving sales discount to qualified PWD s h o u ld keep separate and accurate records of sales, which shall include the name of the person with disability, PWD ID No., gross sales/receipts, sales discount granted, date of transactions and invoice number for every sales transaction to PWD. The privileges granted to PWD shall not be claimed if the said PWD claims a higher discount, as may be granted by the commercial establishment, and/or under other existing laws or in combination with other discount program/s. Thus, a PWD who is at the same time a senior citizen can only claim one 20% discount on a particular sales transaction. Sales of any goods and services under Sections 3 of these Regulations to PWD shall be exempt from the VAT. To ensure the full entitlement of the person with disability to the discount prescribed in the Act, the sellers are precluded from billing any VAT to the PWD. The sale to a person with disability must follow the invoicing requirements prescribed under RR No. 16-2005, as amended by RR Nos. 2-2007 and 4-2007 and Revenue Memorandum Order No. 12-2013. If the seller uses a Point of Sale Machine, Cash Register Machine, e-Invoicing or other receipting software/application in lieu of the manual sales invoice, the machine/system receipts/invoices must properly segregate the exempt sales from the taxable sales and must follow the invoicing requirements prescribed under RR No. 10-2015. The input tax attributable to VAT exempt sale is considered as cost or an expense account by business establishments and shall not be allowed as an input tax credit. If there is no name of PWD and PWD ID No. indicated in the records of sales, the input tax attributable to VAT exempt sale claimed as an expense by business establishments shall be disallowed. The exemption herein granted will not cover other indirect taxes that may be passed on by the seller to a PWD buyer, such as Percentage Tax, Excise Tax, etc. In such a case, the discount must be on the total cost of the goods or services charged by the seller, exclusive of the VAT. Effective taxable year 2016, a Benefactor of a qualified PWD may claim the additional exemption of Twenty-Five Thousand Pesos (P 25,000) for each PWD, if such PWD, regardless of age, satisfies all of the following: a. Filipino citizen; b. within the fourth (4th) civil degree of consanguinity or affinity to the taxpayer/benefactor; c. not gainfully employed; and d. chiefly dependent upon and living with the taxpayer/benefactor. The total number of dependents (qualified dependent children and/or qualified dependent PWD), for which additional exemptions may be claimed by the taxpayer/benefactor, shall not exceed four (4). The additional exemptions for qualified dependent PWD shall be claimed only by one taxpayer or by one of the spouses in the case of married individuals. In the case of legally separated spouses, additional exemptions may be claimed only by the spouse who has custody of the child or children or PWD. Provided, that the number of additional exemptions that may be claimed by both shall not exceed the maximum additional exemptions of four (4). The Taxpayer/Benefactor of the persons with disability shall submit the following documentary requirements to the Revenue District Office (RDO) where he/she is registered for the first year of claiming the exemption and after three (3) years or upon renewal of the PWD ID, whichever comes first: a. Duly accomplished BIR Form No. 2305; b. Photocopy of PWD Identification Card issued by the Persons with Disability Affairs Office (PDAO) or the City/Municipal Social Welfare and Development Office (C/MSWDO) of the place where the person with disability resides or the National Council on Disability Affairs (NCDA); c. Sworn Declaration/Identification of Qualified Dependent PWD, Support and Relationship; d. Birth Certificate of PWD; e. Medical Certificate attesting to disability issued by in accordance with the Implementing Rules and Regulations of R.A. 10754; and f. Barangay Certification certifying that the PWD is living with the benefactor. The submitted records of the PWD to the RDO must be used as reference for every taxable year, in order to validate the claimed additional exemption for the same PWD. Such record must be renewed by Taxpayer/Benefactor after three (3) years or upon renewal of the PWD ID, whichever comes first. In case of Employee-Benefactor, the aforementioned documentary requirements must be submitted to the employer for record and Withholding Tax purposes. The privileges under the Act and in the Regulations available to PWD who are Filipino citizens may only be granted upon presentation of any of the following proof of his/her entitlement thereto: a. An ID issued by the PDAO or C/MSWDO of the place where the PWD resides; or b. The passport of the PWD concerned with apparent disability; or c. An ID issued by the NCDA. Any violation of the Regulations shall be subject to the corresponding penalties under pertinent provisions of the Tax Code of 1997, as amended, and other applicable regulations issued by the BIR. Further, any person who violates any provision of RA No.10754 shall suffer the following penalties: a. For the first violation of any provision of the Act and these Regulations, a fine of not less than Fifty Thousand Pesos (P 50,000) but not exceeding One Hundred Thousand Pesos (P 100,000) or imprisonment of not less than six months but not more than two years, or both at the discretion of the court; b. For any subsequent violation thereto, a fine of not less than P 100,000 but not exceeding P 200,000 or imprisonment for not less than two years but not more than six years, or both at the discretion of the court. c. Any person who abuses the privileges granted under the Law shall be punished with imprisonment of not less than six months or a fine of not less than P 5,000, but not more than P 50,000, or both, at the discretion of the court. If the violator is a corporation, organization or any similar entity, the officials thereof directly involved shall be liable. If the violator is an alien or a foreigner, he/she shall be deported immediately after service of sentence without further deportation proceedings. Upon filing of an appropriate complaint, and after due notice and hearing, the proper authorities may also cause the cancellation or revocation of the business permit, permit to operate, franchise and other similar privileges granted to any business entity that fails to abide by the provisions of the Act and these Regulations.