No documentary stamp tax for SOCE – Comelec

Field personnel of the Commission on Elections (Comelec) Campaign Finance Office have been warned against collecting documentary stamp tax from candidates and parties filing their statements of contributions and expenditures (SOCE).

Commissioner Christian Robert Lim said violators will face criminal charges.

“Field offi cers who insist on charging or collecting fees for documentary stamp taxes from candidates and parties run the risk of being criminally charged for illegal exaction as defined under Article 213 (c) of the Revised Penal Code,” read the Memorandum to Regional Election Directors Provincial Election Supervisors and Election Officers.

Lim said documentary stamp taxes are mandatory only for documents, instruments, loan agreements and papers evidencing the acceptance, assignment, sale or transfer of an obligation, right or property.

“Suffice it to say, the SOCE is a disclosure statement and does not entail any acceptance, assignment, sale or transfer of obligations, rights, or property,” he said.

Comelec field personnel must concentrate on checking if the SOCEs are compliant with requirements, including the use of the prescribed form, if they are personally signed by the candidate or party treasurers and if they have supporting documents, Lim said.

SOCEs are required to be filed by all candidates and parties – losing and winning – to report the contributions that they received and expenses incurred during the campaign.

For the May 9 polls, the deadline for the filing of SOCE is tomorrow, June 8.