A resident alien is an individual who is stateless or is a national of another country and who lives in the Philippines with no definite intention as to length of stay, but who is not a mere transient or sojourner. An expatriate working in the Philippines on a contract for an indefinite period potentially falls into this category.
Most expatriates will be classified as non-resident aliens because their contract will be for a specified period of engagement. A non-resident alien individual who comes to the Philippines and stays for more than 180 days during any calendar year will be deemed a non-resident alien engaged in trade or business in the Philippines. If the aggregate stay in the Philippines during any calendar year covered by the assignment period does not exceed 180 days, the individual may be deemed a non-resident alien not engaged in trade or business in the Philippines.
Expatriates assigned in the Philippines for a definite period are generally regarded as non-residents engaged in trade or business in the Philippines.
Last Reviewed - 20 December 2019