Request your advise on BIR Registration as NRFC (Non-Resident Foreign Corporation.

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Dear Sir/Mam,

We have pleasure in introducing ourselves as a software development Company (www.saneforce.com)   established in Chennai , India and are catering to the needs of our Clients Globally .  On an written Agreement , we permit our clients to use our Software  as a Services (SaaS)-( on  a Right To Use Basis.) 

Recently,  we have received few
enquiries from Philippines Companies evincing  interest in using our software Services .

Please Advise,  whether we need to get any registration as per the  statutory Laws  of the Government of Philippines  to transact business and  also for collecting our Invoiced Payments 
Please advise,
Regards,
R.Srinivasan.
SANMEDIA


Replies (1)

Hi R. Srinivasan,

Thanks for reaching out with your query about doing business with clients in the Philippines.

Here’s a general advisory regarding BIR (Bureau of Internal Revenue) registration and compliance as a Non-Resident Foreign Corporation (NRFC) in the Philippines:


1. Do you need BIR registration in the Philippines?

  • If your software company, based in India, is providing Software as a Service (SaaS) to Philippine companies but does not have a physical presence or permanent establishment in the Philippines, generally you may not need to register as a taxpayer or with BIR as a Non-Resident Foreign Corporation.

  • However, your Philippine clients who receive your SaaS services may have withholding tax obligations on payments made to you under Philippine tax laws.


2. Withholding Tax and Compliance

  • The Philippines imposes withholding tax on certain payments to non-resident foreign corporations, including payments for software services.

  • Usually, the Philippine client deducts withholding tax on the payment and remits it to the BIR. The rate varies, often around 15%, but depends on applicable tax treaties.

  • To reduce or eliminate withholding tax, your company may consider getting a Tax Identification Number (TIN)in the Philippines and applying for a Certificate of Residence from India to avail treaty benefits.


3. When BIR registration might be required

  • If your company establishes a permanent establishment (like an office, server, or agent) in the Philippines, you will be required to register with the BIR as a taxpayer.

  • Also, if your business activities go beyond SaaS and involve local sales, physical presence, or other taxable transactions, registration may be mandatory.


4. Collecting payments

  • There is generally no restriction on receiving payments from foreign clients.

  • However, the invoicing and payment should be structured keeping in mind foreign exchange regulations and tax compliance in both countries.


Recommendations:

  • Consult a local tax advisor or legal expert in the Philippines to confirm registration requirements based on your specific business model and contracts.

  • Ensure your contracts clearly specify the place of supply and tax responsibilities.

  • Consider obtaining a Certificate of Residence from India’s tax authorities to reduce withholding tax rates under the India-Philippines tax treaty.


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