Liquidating dividend and tax effect
SEC requirements for such implementation would require technical knowledge and we suggest that you secure assistance of professionals.Tax on dividends in the Philippines would likewise vary depending upon the tax status of the stockholder and the type of dividend in the Philippines declared by the Board of Directors. Ayala Avenue, 1200 Makati City, Metro Manila Phone : (02) 894-2608(02) 348-2193 Mobile : ( 63)922-856-2358 Email : info(@)Bureau of Internal Revenue (BIR) Securities and Exchange Commission(SEC) Philippine Economic Zone Authority(PEZA) Bases Conv. Authority (BCDA) Cagayan Economic Zone Authority (CEZA) Subic Bay Metropolitan Authority (SBMA) Board of Investments (BOI) Bureau of Customs (Bo C) Department of Finance (DOF) Department of Trade and Industry(DTI) Food and Drugs Administration Phils.In stock dividend declaration in the Philippines, the stockholder will receive the shares of stock of such corporation declaring the dividends.
If the corporation distributes the assets to the shareholders in kind pursuant to a plan of liquidation, it is treated as having sold the assets to the shareholder for fair market value. If the corporation instead sells the assets and distributes the remaining cash to the shareholder, it is taxed on the sale. Likewise, the shareholder is treated as though the shareholders sold their stock to the corporation for the value of the assets or cash received. The shareholder’s basis in property received pursuant to a plan of liquidation is the fair market value of the property at the time of the distribution.  I.
The Internal Revenue Code uses four tests to make this distinction: To prevent gamesmanship among related parties, Congress has added another layer of rules that must be analyzed to determine if a distribution is a redemption.
These attribution rules provide that shares owned by a shareholder’s parents, children, and grandchildren (but not siblings) are considered to be owned by the shareholder. Similarly, shares held by corporations, trusts, and partnerships are deemed to be owned by their shareholders beneficiaries, and partners, and vice versa. As a result, shares held by these family members and entities are considered to be owned by the shareholder for purposes of determining whether the distribution qualifies as a redemption.
For regulatory purposes, the SEC requires submission of such dividend declaration for further processing and would require certain documentary requirements as follows: Under this property dividend declaration in the Philippines, the stockholder will receive assets of the corporation, other than cash.
It could investment securities of such corporation in the form of shares of stock of other corporations.