# BI tells foreign vloggers: Don’t violate conditions of stay in PHL



## Hey_Joe (Sep 13, 2016)

I received an email from a friend with a link to a YouTube (YT) video discussing foreigner PI YT scammers, BI advisory telliing foreign vloggers: Don’t violate conditions of stay in PHL. The video also mentioned a seperate discussion regarding "foreigner" YT e-beggars who solicit donations to their Patreon, Paypal, GoFundMe, etc. accounts.

The video pointed out a law that i never heard of until now regarding how foreigner YT e-beggars ("Mendicants") are violating
PRESIDENTIAL DECREE No. 1563
Mendicancy Law of 1978

*"Mendicant" refers to any person*, except those enumerated in Section 4 of this Decree, who has no visible and legal means of support, or lawful employment and *who is physically able to work but neglects to apply himself to some lawful calling and instead uses begging as a means of living. 

Section 5.* _Criminal Liability._ A mendicant as defined in Paragraph (a) Section 3 hereof, shall, upon conviction, be punished by a fine not exceeding P500.00 or by imprisonment for a period not exceeding 2 years or both at the discretion of the court.

A habitual mendicant shall be punished by a fine not exceeding P1,000.00 or by imprisonment for a period not exceeding 4 years or both at the discretion of the court.
SOURCE: P.D. No. 1563

BI tells foreign vloggers: Don’t violate conditions of stay in PHL
Vloggers should not overstep their boundaries and perform actions only within the activities allowed in their visas,” Morente added. “If found guilty, violators can face deportation and blacklisting from the Philippines.”

SOURCES: BI tells foreign vloggers: Don’t violate conditions of stay in PHL | Recto Mercene

https://immigration.gov.ph/images/News/2021_Yr/07_Jul/2021Jul12_Press.pdf


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## bigpearl (Jan 24, 2016)

Interesting, I would have thought there were bigger fish to fry within let alone those trying to survive here and perhaps the excess funds could have been directed/forwarded to education of the inherent ignorance ongoing here with regards to the current pandemic or the poor instead of saving or justifying a government position to save their own bacon. The numbers with C-19 are not good and the people can't see or refuse to see the problem. Many countries have the same problem.

As for those making money on the internet in this country? The legal options are endless and I'm sure those conducting business here are well aware. Offshore companies or trusts, wife or partners name, tax treaties. Do it well and you won't get burnt.

OMO.

Cheers, Steve.


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## Hey_Joe (Sep 13, 2016)

bigpearl said:


> Interesting, I would have thought there were bigger fish to fry within


I used to only use YouTube to learn how to repair or do something or view an area i was planning on visiting as a tourist then a few months ago a friend exposed me to a huge community of foreign vloggers in the Philippines. Many have valid content while others do nothing but attack each others YT channel. They are rapidly growing but so are the other foreigners who don't want anti-foreigner feelings spread from within so they are reporting their illegal monetizing activities to the BI & other agencies. Perhaps the reason BI is cracking down.


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## Shadowman (Apr 20, 2020)

Hey_Joe said:


> *"Mendicant" refers to any person* who has no visible and legal means of support, or lawful employment


Vlogging is lawful employment though, the problem the BI has is if the foriegn vlogger doesn't have a work visa, pay taxes, etc.


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## Tukaram (Dec 18, 2014)

About a year ago the BIR said all bloggers/vloggers had to get a tax ID number. I went to get one and the BIR was very confused. They were unsure how to give one to a foreigner, or why I would be asking for one ha ha. When they found out how little I make, and that I would likely never need to file taxes, especially because I would most likely file it on my US taxes anyway (it all pays to my US bank). They wanted to know why I was applying. I showed them the press release telling everyone to apply and their manager had never heard of it. Typical day in the PIs.


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## Tukaram (Dec 18, 2014)

Shadowman said:


> Vlogging is lawful employment though, the problem the BI has is if the foriegn vlogger doesn't have a work visa, pay taxes, etc.


Vlogging is lawful employment, and a pension is a visible means of support. The only real danger is guys trying to pass themselves off as a "charity".


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## Hey_Joe (Sep 13, 2016)

Shadowman said:


> Vlogging is lawful employment though, the problem the BI has is if the foriegn vlogger doesn't have a work visa, pay taxes, etc.


Correct, you left out the - *who is physically able to work but neglects to apply himself to some lawful calling and instead uses begging as a means of living. 

*


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## Shadowman (Apr 20, 2020)

Hey_Joe said:


> Correct, you left out the - *who is physically able to work but neglects to apply himself to some lawful calling and instead uses begging as a means of living. *


Vlogging is a "lawful calling" and doesn't qualify as begging, because you're communicating with a private audience that voluntarily chose to watch your video.


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## Hey_Joe (Sep 13, 2016)

Tukaram said:


> Vlogging is lawful employment, and a pension is a visible means of support. The only real danger is guys trying to pass themselves off as a "charity".





Shadowman said:


> Vlogging is a "lawful calling" and doesn't qualify as begging, because you're communicating with a private audience that voluntarily chose to watch your video.


I would say that depends on ones Visa status.

An example. It's likely ok for a tourist (9a Visa) who is on vacation for a brief time to Vlog their vacation, then depart.

IMHO, they are primarily warning foreigners who are on a 9a visa who actually live here, keep extending up to 3 years and repeat the process who are vlogging as employment (working) and as a source of income. They are competing with "local" bloggers and for many, it's their only source of income. They sell t-shirts, coffee cups, and other trinkets that mostly advertise their YT channel. They also illegally solicit (e-beg) via Patreon, Paypal, GoFundMe, etc. etc. in violation of PRESIDENTIAL DECREE No. 1563 Anti Mendicancy Law of 1978 SOURCE: https://lawphil.net/statutes/presdecs/pd1978/pd_1563_1978.html

IMHO, it's likely acceptable for a foreigner to Vlog as employment who is here on a 13a Visa for example, to reap the monetization of the amount of YT likes, views and superchats however one is expanding their reach from YT & it crosses into a gray area when they also e-beg (solicit) for donations via Patreon, Paypal, GoFundMe, etc. particularly for purposes such as charity in violation of the non profit law SOURCE: Nonprofit Law in The Philippines and PRESIDENTIAL DECREE No. 1563 Anti Mendicancy Law of 1978 SOURCE: https://lawphil.net/statutes/presdecs/pd1978/pd_1563_1978.html


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## Shadowman (Apr 20, 2020)

Hey_Joe said:


> they are primarily warning foreigners who are on a 9a visa who actually live here, keep extending up to 3 years and repeat the process who are vlogging as employment (working) and as a source of income.


Absolutely, they going after those who work on a 9a, and not just vloggers.



Hey_Joe said:


> They also illegally solicit (e-beg) via Patreon, Paypal, GoFundMe, etc. etc. in violation of PRESIDENTIAL DECREE No. 1563 Anti Mendicancy Law of 1978 SOURCE: https://lawphil.net/statutes/presdecs/pd1978/pd_1563_1978.html


Not illegal, you're allowed to solicit contributions or donations from your own private audience, Anti Mendicancy is a completely unrelated law.


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## Hey_Joe (Sep 13, 2016)

Shadowman said:


> Vlogging is a "lawful calling" and doesn't qualify as begging, because you're communicating with a private audience that voluntarily chose to watch your video.





Shadowman said:


> Absolutely, they going after those who work on a 9a, and not just vloggers.
> 
> 
> 
> Not illegal, that's a completely unrelated law, you're allowed to solicit contributions or donations from your own private audience.


Can you kindly provide the "Philippine law" that states you're allowed to solicit contributions or donations from your own private audience.(Not The YouTube Law/Rules)


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## Shadowman (Apr 20, 2020)

Hey_Joe said:


> Can you kindly provide that "Philippine" law that states you're allowed to solicit contributions or donations from your own private audience.(Not The YouTube Law/Rules)


They don't make laws for what you're allowed to do, they're for what you're not allowed to do, in this case Mendicancy or begging. That's why politicians are allowed to ask for donations at private functions, or as another example why you're allowed to ask me for money in private.


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## Lunkan (Aug 28, 2020)

A vloger couple "begging" to assist poor FILIPINOS got in big problem by not having PERMIT for such. (They had no problem to show they have spend the support at poor Filipinos e g building houses.)
It became police investigation. The couple were very nervous. When they came to the investigator he had looked at videos and said:
-Very good work 👍 
 
They have solved the missing permit now.



Tukaram said:


> About a year ago the BIR said all bloggers/vloggers had to get a tax ID number. I went to get one and the BIR was very confused. They were unsure how to give one to a foreigner, or why I would be asking for one ha ha. When they found out how little I make, and that I would likely never need to file taxes, especially because I would most likely file it on my US taxes anyway (it all pays to my US bank). They wanted to know why I was applying. I showed them the press release telling everyone to apply and their manager had never heard of it. Typical day in the PIs.


 A basic rule is "Money earned (by work) in Phils are taxed in Phis" UNDEPENDING where the pay arrive. (if the countries havent deal saying other.) I mean need to have TIN number and send tax forms to BIR, although low incomes are tax free. (Some OTHER incomes than work as e g interests taxing country depend of what deal between the countries say.)

. .
Vloging need work permit (at least if earning by it.) I suspect many foreign vlogers dont have  Some earn much. (E g one earned around 40 000 usd 2019.)


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## Hey_Joe (Sep 13, 2016)

Shadowman said:


> They don't make laws for what you're allowed to do, they're for what you're not allowed to do, in this case Mendicancy or begging. That's why politicians are allowed to ask for donations at private functions, or as another example why you're allowed to ask me for money in private.


So am i understanding your statement correctly? That Foreign Vloggers residing in The Philippines are legally permitted to follow the same Philippine Campaign fund raising rules & laws of Philippine politicians?

Again, kindly provide the "Philippine law" that states where a Foreigner who lives in The Philippines is allowed to solicit contributions or donations from their own private audience.(Not The YouTube Law/Rules)


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## Shadowman (Apr 20, 2020)

Hey_Joe said:


> Again, kindly provide the "Philippine law" that states where a Foreigner who lives in The Philippines is allowed to solicit contributions or donations from your own private audience.(Not The YouTube Law/Rules)


The burden is on you to prove they can't, provided they're on the correct visa, permits, taxes, like I said in my first post.

You can't "beg" from a private audience, that law is not related at all to vloggers and you won't be able to provide an official source that it is.


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## Lunkan (Aug 28, 2020)

Shadowman said:


> They don't make laws for what you're allowed to do, they're for what you're not allowed to do, in this case Mendicancy or begging. That's why politicians are allowed to ask for donations at private functions, or as another example why you're allowed to ask me for money in private.


 But beggars asking in PUBLIC for support dont do it in private 

And I suppouse need permit, because aid funding to poor need that.


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## Hey_Joe (Sep 13, 2016)

Shadowman said:


> The burden is on you to prove they can't, provided they're on the correct visa, permits, taxes, like I said in my first post.
> 
> You can't "beg" from a private audience, that law is not related at all to vloggers and you won't be able to provide an official source that it is.


One doesn't even need to be a subscriber, nor logged into YouTube to see a Vlogger soliciting for funds via Patreon, PayPal, GoFundMe, etc. etc. The solicitation is publicly displayed for everyone to see, so how is the solicitation directed to a private audience?


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## Shadowman (Apr 20, 2020)

Lunkan said:


> But beggars asking in PUBLIC for support dont do it in private


And that would be illegal.



Hey_Joe said:


> If the solicitation is publicly displayed for everyone to see


Publicly available is very different from publicly displayed. 



Hey_Joe said:


> how is the solicitation directed to a private audience?


Because only those who elect to click and watch the video may be solicited.


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## Hey_Joe (Sep 13, 2016)

Shadowman said:


> And that would be illegal.
> 
> 
> 
> ...


My point is one need not click on any video to see any solicitation. Their Solicitations are displayed publicly on their YT channel without event having to click on anything. Some,one has to click on "about" without the need to watch any videos.

Your rationaile is similar to a begger who holds a sign soliciting for money & is standing on main street but me and others didn't publicy see the beggar soliciting because we drove on 1st street. The beggar is still out in public soliciting, but because we didn't see him It wasn't publicly available for us to see. Aren't others publicly seeing the beggar solicit? LOL


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## Shadowman (Apr 20, 2020)

Hey_Joe said:


> one has to click on "about"


You're still electing to find, click, and read their "about" page, that's the part you're not getting. That decision, that nobody forced you to make, means all the difference in terms of legality and the reasoning behind anti-begging laws.


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## Hey_Joe (Sep 13, 2016)

Shadowman said:


> You're still electing to view their "about" page, that's the part you're still not getting. That decision, that nobody forced you to make, means all the difference in terms of legality and the reasoning behind anti-begging laws.


It doesn't matter, anyone in the public can click on "about". There is absolutely no private audience doing that as you refer to..

One doesn't need to be logged in on this site. All posts are public. If readers are not members or members are not logged in but can still see what they clicked on, how is then clicking on a post and reading the contents make it private?

What is your YouTube channel so I can publicly see it? LOL


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## Shadowman (Apr 20, 2020)

Hey_Joe said:


> anyone in the public can click on "about".


This really isn't that complicated, they _must _first click to view any solicitations.


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## Hey_Joe (Sep 13, 2016)

Shadowman said:


> This really isn't that complicated, they _must _first click to view any solicitations.


I give up. Let's agree to disagree.


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## Shadowman (Apr 20, 2020)

Hey_Joe said:


> I give up. Let's agree to disagree.


Sure 

For anyone else, "begging" in legal terms happens to you, beyond your control, this is why public begging is a nuisance and made illegal.

If you choose to view something private, or attend some place private, that decision to be potentially solicited is why it is no longer "begging", and why that law doesn't apply to vloggers (and no official source will ever state it does).


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## Lunkan (Aug 28, 2020)

Hey_Joe said:


> I give up. Let's agree to disagree.


English isnt my first language, but I believe I agree with HeyJoe 


Hey_Joe said:


> My point is one need not click on any video to see any solicitation. Their Solicitations are displayed publicly on their YT channel without event having to click on anything. *Some,one has to click on "about" without the need to watch any videos.*
> 
> Your rationaile is similar to a begger who holds a sign soliciting for money & is standing on main street but me and others didn't publicy see the beggar soliciting because we drove on 1st street. The beggar is still out in public soliciting, but because we didn't see him It wasn't publicly available for us to see. Aren't others publicly seeing the beggar solicit? LOL


 So what? 
Compare: If something is vissible in a newspaper, it isnt vissible before opening the newspaper  but its asking the public anyway...


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## Shadowman (Apr 20, 2020)

Lunkan said:


> Compare: If something is vissible in a newspaper, it isnt vissible before opening the newspaper  but its asking the public anyway...


Not sure who you just agreed with, but the anti-begging law doesn't apply to newspapers either.

As long as you have the correct permits etc, you can solicit donations from print media, social media, etc.


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## Lunkan (Aug 28, 2020)

Shadowman said:


> Not sure who you just agreed with, but the anti-begging law doesn't apply to newspapers either.
> 
> As long as you have the correct permits etc, you can solicit donations from print media, social media, etc.


 I disagreed with you
dont find your argument about need to be clickued relevant.


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## Shadowman (Apr 20, 2020)

Lunkan said:


> dont find your argument about need to be clickued relevant.


But you proved my argument correct when you used a newspaper as an example, which likewise needs to be actively engaged (physically handled, opened, etc).

None of that applies to begging or the anti-begging law, same as vlogging. But feel free to contact any PH official or attorney to confirm.


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## Lunkan (Aug 28, 2020)

Shadowman said:


> But you proved my argument correct when you used a newspaper as an example, which likewise needs to be actively engaged (physically handled, opened, etc).
> 
> None of that applies to begging or the anti-begging law, same as vlogging. But feel free to contact any PH official or attorney to confirm.


 My compating was to show BOTH are PUBLIC UNDEPENDING of if doing your argument


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## M.C.A. (Feb 24, 2013)

Another article that came out in March 2021, looks like not only has the Death Tax Death Tax Delay come back this year but now the US owned YouTube tax.

YouTube tax information video

YouTube will now be taxed article


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## Lunkan (Aug 28, 2020)

"tax proportionate to the income and viewership they get from the U.S. "
What a BS Typical USA to think they have rightt to decide over the world  
You Toube being an American company ha NOTING to do with in which country the "employees" living elsewhere get taxed normaly...

Compare: If Americans buy an other service or product made in an other country, then the producer pay tax in the country it was made, NOT in USA... 

BUT dont Phils have tax deal with USA ? to avoid double tax.


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## Tukaram (Dec 18, 2014)

Lunkan said:


> BUT dont Phils have tax deal with USA ? to avoid double tax.


You only have to pay tax in one, but it is not always clear which one. Pacquiao is always in tax disputes because the PIs and the US both want his money.


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## bigpearl (Jan 24, 2016)

Working for a US company in the Philippines and other countries with tax treaties over the years, I never paid tax in either but I did declare my untaxed overseas earnings annually to the ATO (equivalent to BIR or IRS I think it is) and paid my taxes within Australian borders, they miss little. Tax treaties and deals. I saw many that put their pays/income into offshore accounts and 10 years later came back and bit them.

I think enough info has been given with regards to operating an internet site that generates income within this country and I'm sure the operators know their rights,,,,,,,, hopefully. Begging?

I agree with many contributors that begging in law here relates to on the street. In your face. Whether or not TV, internet, newspaper or unsolicited canvasing at your gate causes distress or is illegal comes back to choice and appropriate laws and how one deals with it.
Don't answer the call at the gate, don't pay any attention to TV cr*p and if you are shy definitely don't entertain a lot of scammers on the internet. If it's free have a look, make an informative decision no different to purchasing a newspaper, your choice to look/read. Dropping 20 pesos into the proffered cup on the way up to the train platform. Ignore and get over it. Illegal? Yes, policed? Sometimes.

Remember that you can earn PHP 250K declared in PH. and not pay tax. Tax free threshold in the Philippines for those declaring and conforming to protocols. Is it any different to other countries with tax free thresholds and while only pocket money here the game should be played correctly.

OMO.

Cheers, Steve.


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## Hey_Joe (Sep 13, 2016)

There is 1 YT site who has made it their mission to feature foreigners who's sites are monetized, receive money from ads, soliciting Patreon, Paypal, etc. donations, e-begging, super chats, etc. etc. They also have created a website and have just begun posting the photos, background of these foreigners in the PI who have YT web sites.

Many of these YouTube foreigners in the PI are falling on their own sword. They post videos starting out as paupers, some with only YT as their source of income, some start out with some type of limited income such as Social Security and within a year or 2 are posting videos building new houses, buying mult million peso vehicles, taking elaborate vacations, etc. etc. and now it's caught the attention of the BI.

It seems to be this sites effort to expose soliciting, scamming and tax evasion and they claim their efforts has gained the attention of the BI who recently released this Aug 16, 2021 Memorandum - Taxation of any income of received by social media influencers.
SOURCE: https://www.bir.gov.ph/images/bir_files/internal_communications_2/RMCs/2021 RMCs/RMC No. 97-2021.pdf
.
BIR sets tougher fines, penalties for tax evasion
June 25, 2021
SOURCE: BIR sets tougher fines, penalties for tax evasion

Posting the sites who are revealing the foreigner YouTubers on here would be a violation of the rules. Search for them and you will find them.

This is a just a FYI if you are a Foreigner You Tuber in PI. *Don't shoot the messenger.*
.


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## Hey_Joe (Sep 13, 2016)

Prison/Fines for not even registering with the BIR.

There were also those who were not registered with the BIR or were registered under different tax types or lines of business but were not declaring their earnings from social media platforms for tax purposes."

Any person who willfully attempts to evade paying taxes will be punished by a fine not less than P500,000 but not more than P10 million and will be imprisoned from six to 10 years under Section 254.

Those who fail to file returns, supply correct information, pay tax withheld and remit tax will face similar sanctions under Section 255. They will be punished with a fine not less than P10,000 and be sentenced to imprisonment of not less than one but not more than 10 years.

Foreign 'vloggers' not exempted: Breaking down BIR tax on social media creators, influencers
August 17, 2021
SOURCE: Foreign 'vloggers' not exempted: Breaking down BIR tax on social media creators, influencers

BIR reminds social media influencers, YouTubers to pay taxes 
August 16, 2021 
SOURCE: BIR reminds social media influencers, YouTubers to pay taxes

BIR to go after TikTok stars, YouTubers as gov't scours for cash
Aug 17, 2021 
SOURCE: BIR to go after TikTok stars, YouTubers as gov't scours for cash


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## Shadowman (Apr 20, 2020)

Hey_Joe said:


> BIR reminds social media influencers, YouTubers to pay taxes
> August 16, 2021
> SOURCE: BIR reminds social media influencers, YouTubers to pay taxes


Seems to prove the point that YouTubers making money in the PH is perfectly legal and completely unrelated to any anti-begging laws.


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## Hey_Joe (Sep 13, 2016)

Shadowman said:


> Seems to prove the point that YouTubers making money in the PH is perfectly legal and completely unrelated to any anti-begging laws.


Regarding: Seems to prove the point that YouTubers making money in the PH is perfectly legal and completely unrelated to any anti-begging laws.

Can you clarify "YouTubers".

Are you referring to PI citizens only, Foreigners, all or any YouTuber making money in the PI?


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## Lunkan (Aug 28, 2020)

Hey_Joe said:


> This is a just a FYI if you are a Foreigner You Tuber in PI. *Don't shoot the messenger. *


 I have told many times in different situations,* work permit* is needed as soon as workin in Phils.


Hey_Joe said:


> Regarding: Seems to prove the point that YouTubers making money in the PH is perfectly legal and completely unrelated to any anti-begging laws.
> Can you clarify "YouTubers".
> Are you referring to PI citizens only, Foreigners, all or any YouTuber making money in the PI?


There can be more than one thing to fullfil to be legal:
/Tax forms. Basic rule is if worked in Phils then taxed in Phils, but there can be tax deals betwwen Phils and foreiners citizen country changing in whicg country incomes are taxed.

/Work permit. ALLWAYS when working in Phils when being foreigner and not having a Visa giving exception.
/IIF asking for aid. A SPECIAL registration and aproval from SEC is needed. 
/Depending of situation, there can be demands of registrer a business too as well as geting the permits related to that.

Then there is the law about not being allowed to talk negative about Phils even if its the truth. A foreigner long time tourist traveilng around in Phils spoke mostly positive but got deported for some negative.


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## Tiz (Jan 23, 2016)

I'm yet to see an ex-pat vlogger here in PH that can keep my attention for than a few minutes.
I'd rather have teeth pulled than watch them.
I did find this slightly amusing though: Philippines Blogger Expat Drama


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## Shadowman (Apr 20, 2020)

Hey_Joe said:


> Are you referring to PI citizens only, Foreigners, all or any YouTuber making money in the PI?


That would be C, from your own reference: 



Hey_Joe said:


> *Foreign 'vloggers' not exempted*


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## Hey_Joe (Sep 13, 2016)

Shadowman said:


> That would be C, from your own reference:


I post many references. I don't know what "C" you are referring to.

Again, 

Regarding your statement: Seems to prove the point that YouTubers making money in the PH is perfectly legal and completely unrelated to any anti-begging laws.

Can you clarify "YouTubers".

Are you referring to PI citizens only, Foreigners, all or any YouTuber making money in the PI?


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## Shadowman (Apr 20, 2020)

Hey_Joe said:


> I post many references.


And I only quoted one of them, answering your question:



Hey_Joe said:


> *Foreign 'vloggers' not exempted*


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## Hey_Joe (Sep 13, 2016)

Tiz said:


> I'm yet to see an ex-pat vlogger here in PH that can keep my attention for than a few minutes.
> I'd rather have teeth pulled than watch them.
> I did find this slightly amusing though: Philippines Blogger Expat Drama


I used to only use YouTube to view recipes, see how to repair something, watch videos on places we were planning to visit, etc. etc. Then a popular PI YouTuber Expat moved into the area where i live. Within a year it was revealed he was a dead beat dad, had a contempt of court bench warrant for owing thousands in unpaid child support/alimony. The Expat Youtube community roasted him over red hot coals & it was huge gossip in the area where i live. His passport was revoked under this program Passport Denial Program 101 & no one has seen him since he was deported.

That's when i got exposed to the PI Expat community YouTubers. It seems most just tear into each other when they are not soliciting, scamming and ebegging.

This is just one of the YouTubers who claim there is a huge momentum of locals who are reporting the activities of Foreigner Youtubers who are guilty of tax evasion, illegal solicitation, etc.







.


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## Shadowman (Apr 20, 2020)

Hey_Joe said:


> the PI Expat community YouTubers. It seems most just tear into each other when they are not soliciting, scamming and ebegging.


If that was true nobody would be watching, which is the exact opposite of their intention. 

The ones I've seen just happily film their environment for other interested foreigners, where they live and surrounding areas.

They may do a Q&A like this, with one question on this very topic of taxing vloggers:


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## Hey_Joe (Sep 13, 2016)

Shadowman said:


> Seems to prove the point that YouTubers making money in the PH is perfectly legal and completely unrelated to any anti-begging laws.


One of the benefits that i reap from this Expat site is reading the experiences of other Expats, reading & sharing news articles, laws and other issues that effect Expats and hope each of our posts keep other Expats informed and out of trouble.

The only proven point that i read both in the news and in the recent BIR memorandum is that the BIR has given notice to both locals and foreigner YouTuber and the like; to register with the BIR, and pay taxes, otherwise, failure to do either of the 2 will result in a hefty fine and land you in a Philippine prison. (Likely eating fish heads & rice for years).

E. Liabilities for Failure to File Returns and Pay Taxes

Social Media influencers who willfully attempts to evade the payment of tax or willfully
fails to make a return, to supply accurate and correct information or to pay tax shall, in addition to the payment of taxes and corresponding penalties, be liable criminally liable under Sections 254 and255,in relation to Section 248(8) of the NIRC:

SEC. 254, Attempt to Evade or Defeat Tax. - Any person who willfully attempts in any manner to evade or defeat any tax imposed under this Code or the payment thereof shall, in addition to other penalties provided by law, upon conviction thereof, be punished by a fine not less than Five hundred thousand pesos (P500,000) but not more than Ten million pesos (Pl0,000,000) and suffer imprisonment of not less than six (6) years but not more than Ten (10) years: Provided, That the conviction or acquittal obtained under this Section shall not
be a bar to the filing of a civil suit for the collection of taxes.

SEC. 255. Failure to File Return, Supply Correct and Accurate Information,Pay Tax Withhold and Remit Tax and Refund Excess Taxes Withheld on Compensation. - Any person required under this Code or by rules and regulations promulgated thereunder to pay any tax make a return, keep any record, or supply correct the accurate information, who willfully fails to pay such tax, make such return, keep such record, or supply correct and accurate information, or withhold or remit taxes withheld, or refund excess taxes withheld on compensation, at the time or times required by law or rules and regulations shall, in addition to other penalties provided by law, upon conviction thereof. be punished by a fine of not less than Ten thousand pesos (P10,000) and suffer imprisonment of not less than one (1) year but not more than ten (10) years.
SOURCE: https://www.bir.gov.ph/images/bir_files/internal_communications_2/RMCs/2021 RMCs/RMC No. 97-2021.pdf

I would hate to see an Expat end up in a Philippine prison because they read on this site that X member wrote QUOTE; YouTubers making money in the PH is perfectly legal and completely unrelated to any anti-begging laws.

The BIR is responsible for taxing the income of "legally" employed locals & foreigners in the PI. No where in their memo did they state anything regarding who can work, who can e-beg, who can solicit. The BIR is simply interested in and writing policies taxing employees.

No where in this recent BIR memorandum does it state that the solicitation law is no longer applicable in the Philippines that states you need a permit if you are going to "solicit" for money. This includes foreigner Youtubers soliciting via Patreon, etc.
SOURCE: https://www.dswd.gov.ph/issuances/AOs/AO_2003-079.pdf

No where in this recent BIR memorandum does it state that the anti begging law is no longer applicable in the Philippines, This includes foreigner Youtubers ebegging for money, balikbayan boxes of goodies, etc.
SOURCE: Presidential Decree No. 1563 : PHILIPPINE LAWS, STATUTES and CODES : CHAN ROBLES VIRTUAL LAW LIBRARY

The BI, not the BIR decides who can work based on their Visa status. DOLE issues the permits . DOLE-NCR Online Services

The BI recently published BI warns foreign vloggers not to ‘overstep’ boundaries  placing limitations on foreign vloggers.

There are rare occasions where a certain category of foreigners visiting on a 9a tourist visa can actually be granted a limited period work permit by the BI. Athletes, musicians, etc.
SOURCES:
Special Work Permit for Foreign Nationals in the Philippines
Provisional Work Permit
Special Work Permit – Commercial
Special Work Permit – Artists & Athletes
https://www.bir.gov.ph/images/bir_files/internal_communications_3/Full Text of RMO 2019/RMO_No. 28-2019.pdf

In summary; people have alot of time on their hands, especially due to COVID. People have time to watch & report Foreigners who are flaunting Philippine laws. and there appears to be a gaining momentum of mostly locals and expats who are reporting Foreigner YouTubers to the BIR because it's been realized that they have the teeth of the tax evasion law. Locals & expats don't want the competition, expats are tired of other foreigners being bad examples that may reflect on them.


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## Hey_Joe (Sep 13, 2016)

Shadowman said:


> If that was true nobody would be watching, which is the exact opposite of their intention.
> 
> The ones I've seen just happily film their environment for other interested foreigners, where they live and surrounding areas.
> 
> They may do a Q&A like this, with one question on this very topic of taxing vloggers:


This is what you watch? Did you even watch the video? I watched 3 minutes then quit because they can't even get along or agree. LOL


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## Shadowman (Apr 20, 2020)

Hey_Joe said:


> I watched 3 minutes & they can't even get along or agree.


That was the point, the laws aren't exactly clear and they may understand it even less than you do:



Hey_Joe said:


> No where in this recent BIR memorandum does it state that the anti begging law is no longer applicable.
> In the Philippines,* This includes foreigner Youtubers ebegging for money*


Now you've stated something false, and I would hate to see an Expat think they can't start a YouTube channel for income because they read misinformation on this site.

The anti-begging law does not include YouTubers, here's a source on what the law does cover: Presidential Decree No. 1563 : PHILIPPINE LAWS, STATUTES and CODES : CHAN ROBLES VIRTUAL LAW LIBRARY


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## M.C.A. (Feb 24, 2013)

*Earning through OnlyFans? BIR says that's taxable*

Those who do not pay taxes will be liable for attempting to evade or defeat tax, which imposes a fine of P500,000 to P10 million and detention of not less than six years but not more than 10 years.

Aside from this, the BIR also advised its offices to conduct "full-blown tax investigation" against social media influencers residing within their respective jurisdictions

For the full story today GMA News Link


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## Shadowman (Apr 20, 2020)

Foreigners benefit from non-double-tax agreements of the Philippines, listed here: Double Tax Agreements - Bureau of Internal Revenue

For example, US citizens in the PH are not subject to being taxed by the PH if they make under $10,000 per year.


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## M.C.A. (Feb 24, 2013)

Shadowman said:


> Foreigners benefit from non-double-tax agreements of the Philippines, listed here: Double Tax Agreements - Bureau of Internal Revenue
> 
> For example, US citizens in the PH are not subject to being taxed by the PH if they make under $10,000 per year.


Good link, it's a Government website but? no $10,000 USD value listed there, I did a little searching and found nothing on the amount allowed.

Here's the latest circular message from the BIR: RMC No 97-2021


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## Shadowman (Apr 20, 2020)

M.C.A. said:


> no $10,000 USD value listed there


You can see it if you scroll down the list of nations and click on "United States":



> Income derived by an individual who is a resident of one of the Contracting States from the performance of personal services in an independent capacity in the other Contracting State may be taxed by that other Contracting State, if: a)He has a fixed base regularly available to him in the other Contracting State for the purpose of performing his activities; in that case, only so much of the income as is attributable to that fixed base may be taxed in that other Contracting State; b)He is present in that other Contracting State for a period or periods aggregating 90 days or more in the taxable year; or c)*The gross remuneration derived in the taxable year from residents of that other Contracting State for the performance of such services in the other Contracting State exceeds 10,000 United States dollars or its equivalent in Philippine pesos*
> 
> 
> 
> https://www.bir.gov.ph/images/bir_files/international_tax_affairs/United%20States%20treaty.pdf


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## Lunkan (Aug 28, 2020)

M.C.A. said:


> Good link, it's a Government website but? no $10,000 USD value listed there, I did a little searching and found nothing on the amount allowed.
> 
> Here's the latest circular message from the BIR: RMC No 97-2021


 I dont know about agreements between Phils and USA, but normaly such decide in WHICH country to be taxed, NOT geting a tax free amount more than geting in the counry where being taxed.

I didnt bother to read that new RMC, because I dont plan to start a Youtube chamel anyway  , but I did read when it came in Phils about earnings by internet arent free of tax laws. When taxed IN PHILS they told they give a higher tax free max than for other incomes. I dont remember how much, but less than as 10 000 usd worth. And counted in pesos


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## M.C.A. (Feb 24, 2013)

Shadowman said:


> You can see it if you scroll down the list of nations and click on "United States":


Found it on page 16 of 27... 

2. Income derived by an individual who is a resident of one of the Contracting States from the performance of personal services in an independent capacity in the other Contracting State may be taxed by that other Contracting State, if:

a) He has a fixed base regularly available to him in the other Contracting State for the purpose of performing his activities; in that case, only so much of the income as is attributable to that fixed base may be taxed in that other Contracting State;

b) He is present in that other Contracting State for a period or periods aggregating 90 days or more in the taxable year; or

c) The gross remuneration derived in the taxable year from residents of that other Contracting State for the performance of such services in the other Contracting State exceeds 10,000 United States dollars or its equivalent in Philippine pesos or such higher amount as may be specified and agreed in letters exchanged between the competent authorities of the Contracting States.

Government needs money and so if your not registered as a business and all the many requirements, well 27 pages of them have fun reading , you are going to have some problems as a Vlogger, if they can't get you on making more than $10,000 they'll get you for not keeping the books and paying into the BIR and even worse working on a tourist Visa.


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## Shadowman (Apr 20, 2020)

Even the BIR circular mentioned "Unless exempted pursuant to the provisions of the National Internal Revenue Code(NIRC) of 1997, as amended,l and other existing laws" and the BIR Double Tax agreements are definitely existing laws, but



M.C.A. said:


> they'll get you for not keeping books.


Just like for US expats and the IRS, we don't have to _pay _tax on regular income under around $100,000 if we're not present in the US that year, but we definitely need to _file_. Tax exempt expat vloggers should do the same in the PH BIR.


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## Lunkan (Aug 28, 2020)

Shadowman said:


> Foreigners benefit from non-double-tax agreements of the Philippines, listed here: Double Tax Agreements - Bureau of Internal Revenue
> 
> For example, US citizens in the PH are *not subject to being taxed by the PH* if they make under $10,000 per year.





M.C.A. said:


> Found it on page 16 of 27...
> 
> 2. Income derived by an individual who is a resident of one of the Contracting States from the performance of personal services in an independent capacity in the other Contracting State may be taxed by that other Contracting State, if:
> 
> ...


 * So it seem to be taxed by USA if under 10 000 usd *  or has anyone found something contradict that ? 
As I wrote such deals between countries are to decide in WHICH country an income will be taxed to avoid people get taxed in two countries for same income...


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## Lunkan (Aug 28, 2020)

Edited


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## Shadowman (Apr 20, 2020)

Lunkan said:


> deals between countries are to decide in WHICH country an income will be taxed to avoid people get taxed in two countries for same income...


Probably why they're called Double Tax Agreements  

Here's yours: https://www.bir.gov.ph/images/bir_files/international_tax_affairs/Sweden renegotiated treaty.pdf


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## M.C.A. (Feb 24, 2013)

Shadowman said:


> Even the BIR circular mentioned "Unless exempted pursuant to the provisions of the National Internal Revenue Code(NIRC) of 1997, as amended,l and other existing laws" and the BIR Double Tax agreements are definitely existing laws, but
> 
> 
> 
> Just like for US expats and the IRS, we don't have to _pay _tax on regular income under around $100,000 if we're not present in the US that year, but we definitely need to _file_. Tax exempt expat vloggers should do the same in the PH BIR.


But if you follow the news it sounds like the Government is going to use the Barngays or other government agencies to find Vloggers that is the change.


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## Shadowman (Apr 20, 2020)

M.C.A. said:


> But if you follow the news it sounds like the Government is going to use the Barngays or other government agencies to find Vloggers that is the change.


Yeah the PH government seems to have recently realized the internet is a source of income for many of their citizens, and they're making it clear they want that income taxed.


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## Lunkan (Aug 28, 2020)

For them that law concern,
LOCK UP so you dont chose a simplified alternative where the percentage tax of resuilt is lower but you lose right for deductions. So count proper before chosing.



Shadowman said:


> Here's yours: https://www.bir.gov.ph/images/bir_files/international_tax_affairs/Sweden renegotiated treaty.pdf


 I did study it proper and Phil tax laws too before I chosed how to make things, to not pay more tax than necesary. I doubt our acountant will like how I have made things complicated for her 

My origin plan had to be adjusted, because that was with me in place and wih a Filipina wife,
but now will my Filpino business partner gain most of the benifits of what I found instead, because the best parts I believe allowed only for Filipinos, not for foreigners not being there anyway. 

But the Phil government will get more from us anyway than from them doing business at the black market  Registrator told *we are the first ever* registrating such business in whole that municipaly, although there are many such there. Its some of them we are buying so such had to be excisting before us 🤣


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## Shadowman (Apr 20, 2020)

M.C.A. said:


> Those who do not pay taxes will be liable for attempting to evade or defeat tax, which imposes a fine of P500,000 to P10 million and detention of not less than six years but not more than 10 years. BIR also advised its offices to conduct "full-blown tax investigation" against social media influencers residing within their respective jurisdictions


And even those citizens don't need to pay tax if they make under P20,000 monthly, thanks to the P250,000 gift from DU30:



> “The income tax exemption for the first P250,000 that every compensation earner makes annually is the gift of President Duterte to the Filipino people,” Finance Secretary Carlos Dominguez III said. “This means that those earning around P20,000 and below per month will pay zero.” - First 250K income of compensation earners exempted from tax under TRAIN | Comprehensive Tax Reform Program • #TaxReformNow


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## Lunkan (Aug 28, 2020)

I dont believe its a gift, I believe ifs a benificit to ,make people register their illegal businesses 
as it is for some non-internet small businsss too since* before* that law about internet earnings came. 
But the local registration office didnt know of that older law so they had to send to province capitall office, although such are suppoused to be handled FAST localy


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## Gary D (Oct 28, 2013)

My simple understanding is that countries like the USA and the UK tax their citizens on there worldwide income so what the double taxation agreement does is prevent you from being taxed by both countries simultaneously., the Philippines doesn't tax it's citizens on their worldwide income, that stopped some years ago. When my wife started work in the UK she had to pay some tax on top of her UK tax to the Philippines. To avoid this everyone just said they were a housewife. You can't choose were you pay your tax it's just there is an arrangement that the USA and UK won't tax you on any income you make in the Philippines but you would still be liable to Philippines tax on that income.


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## Lunkan (Aug 28, 2020)

Gary D said:


> You can't choose were you pay your tax it's just there is an arrangement that the USA and UK won't tax you on any income you make in the Philippines but you would still be liable to Philippines tax on that income.


 I dont know about USA and UK, but for Sweden there are differences which county to be taxed in dependin of TYPE of income. (Work in Phills, royalties, interests, dividents...) So if starting a business, some choices can be done concerning which country to be taxed in in SOME situations. Can be a mix of income types too taxed in different countries. E g can be work and investment incomes in same business.

There are so many variables so I could write a book about it  I studied it very much before I started the business.

BUT I believe no varriables concerning the internet incomes in question  being cleared in the deals between he countries. 
Although I idid read somewhere USA claimed to have right to tax ALL nationalities UNDEPENDING of location just because Google is American!!! (I didnt fine any suitable smilley. Perhaps it censored


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## Shadowman (Apr 20, 2020)

Gary D said:


> the Philippines doesn't tax it's citizens on their worldwide income


Not true:



> *Resident citizens are taxable on all income derived from worldwide sources* - Taxation of Foreign Source Income - Bureau of Internal Revenue


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