AND
WITHHOLDING
TAXES
A"y.
Vic
C.
Mamalateo
July
13-‐17,
2015
ATENEO
COLLEGE
OF
LAW,
Maka5
TITLE
II:
INCOME
TAX
• Chap
I
–
DefiniBons
• Chap
II
–
General
principles
• Chap
III
–
Tax
on
individuals
• Chap
IV
–
Tax
on
corpora5ons
• Chap
V
–
ComputaBon
of
taxable
income
• Chap
VI
–
ComputaBon
of
gross
income
• Chap
VII
–
Allowable
deducBons
• Chap
VIII
–
AccounBng
periods
and
methods
of
accounBng
• Chap
IX
–
Returns
and
payment
of
tax
• Chap
X
–
Estates
and
trusts
• Chap
XI
–
Other
income
tax
requirements
• Chap
XII
–
Quarterly
corporate
income
tax
• Chap
XIII
–
Withholding
tax
on
wages
BASIC
TAX
PRINCIPLES
• General
principles
arising
from
lifeblood
theory:
– TaxaBon
is
the
rule;
exempBon,
the
excepBon.
– ExempBon
from
taxaBon
may
refer
to
the
transacBon
or
to
the
person.
– ExempBons
are
construed
strictly
against
the
taxpayer.
In
case
of
doubt,
you
tax
income
or
disallow
deducBons
and
tax
credits.
• Taxes
are
imposed
by
law
(e.g.,
NIRC),
while
financial
accounBng
are
based
on
generally
accepted
accounBng
principles
or
standards
adopted
by
BOA/SEC.
In
case
of
conflict
between
(a)
tax
accoun5ng
rules
(provided
in
the
Tax
Code)
and
(b)
financial
accoun5ng
rules
(in
PFRS/
PAS),
the
former
shall
prevail
in
determining
the
tax
liabili5es
of
a
person.
• Only
one
(1)
type
of
income
tax
under
Title
II,
NIRC
on
the
taxable
income
of
a
person
shall
be
imposed!
• Business
transac5ons
are
classified
either
as
(a)
sale
of
goods
or
proper5es,
or
(b)
sale
of
service!
Principal
document
in
support
of
sale
is
sales
invoice,
for
sale
of
goods,
or
official
receipts,
for
sale
of
service.
OVERVIEW
• 1.
Cash/Property
Received
– Is
it
a
(a)
return
of
capital
(or
capital),
or
(b)
income,
gain
or
profit?
• 2(A).
Capital
or
Return
of
Capital
– Is
it
acquired
(1)
gratuitously
or
(2)
for
a
valuable
consideraBon?
• Gratuitous
Transfer:
Transferor
may
be
subject
to
estate
tax
(Chapter
I,
Title
III)
or
donor’s
tax
(Chapter
II,
Title
III)
• For
Valuable
Considera5on:
Transferor-‐seller
may
be
subject
to
income
tax
(Title
II).
Buyer
is
not
subject
to
income
tax,
although
the
parBes
may
agree
that
the
income
tax
of
the
seller
be
assumed
by
the
buyer
thereof.
OVERVIEW
• 2(B).
If
income,
gain
or
profit
– 1.
Exempt
from
income
tax:
• ConsBtuBon,
tax
treaty,
NIRC,
or
special
law
• Exclusion
from
gross
income
[Sec.
32(B),
NIRC]
• Sec.
30,
NIRC:
Exempt
corporaBons
and
associaBons
• Sec.
22,
NIRC:
GPP
or
JV
(construcBon
or
energy-‐
related
projects)
– 2.
If
taxable,
what
income
tax
system
applies?
• Schedular
tax
system
(subject
to
FWT)
• Global
tax
system
(subject
to
CWT
or
no
WT)
• Mixed
schedular
and
global
tax
systems
OVERVIEW
• 3.
Who
is
the
taxpayer?
– Individual
(or
estate
or
trust)
• CiBzen
or
alien
– CorporaBon
(including
partnership
or
joint
venture)
• DomesBc
or
foreign
• 4.
Where
is
the
source
of
income?
– Within
the
Philippines
– Without
the
Philippines
• 5.
Methods
of
repor5ng
income
– Cash,
accrual,
installment
plan,
percentage
of
compleBon,
and
crop
year
OVERVIEW
• 6.
Nature
of
income?
– CompensaBon
income
– Business
or
professional
income
– Capital
gain
– Passive
investment
income
– Other
income
• 7.
Type
of
asset
and
gain?
– Capital
asset
– Ordinary
asset
INCOME
TAX
• IMPORTANT
PROVISIONS:
– Secs.
23
(General
principles),
24-‐28
(individual
&
corporaBon),
32
(gross
income
&
exclusions),
39-‐40
(capital
gain/loss
and
determinaBon
of
gain),
42
(source
rules),
and
60-‐63
(tax
on
estates
and
trusts),
NIRC
– Secs.
22(b)
[corporaBon
&
other
definiBons],
30
(exempt
corporaBon
or
associaBon),
31
(taxable
income),
34-‐36
(deducBons
&
non-‐deducBble
items),
44-‐45
(accounBng
periods),
and
48-‐49
(methods
of
accounBng),
and
50
(allocaBon
of
income
of
related
parBes),
NIRC
INCOME
TAX
• INCOME
TAX
– Tax
on
all
yearly
profits
arising
from
property,
professions,
trades
or
offices,
or
as
a
tax
on
a
person’s
income,
emoluments,
profits
and
the
like
(Fisher
v.
Trinidad).
– Income
tax
is
a
tax
on
(a)
actual
or
presumed
income,
gain
or
profit
(gross
or
net)
of
a
seller
of
property
or
service,
(b)
received,
accrued
or
realized
during
the
taxable
year,
and
(c
)
there
is
no
law
that
exempts
(i)
such
income,
gain
or
profit,
or
(ii)
the
person
who
derives
such
income,
from
income
tax.
• WITHHOLDING
TAX
– It
is
not
an
internal
revenue
tax
but
a
mode
of
collecBng
income
tax
in
advance
on
income
of
the
recipient
of
income
thru
the
payor
of
income.
[NOTE:
Sec.
21,
NIRC
enumerates
various
internal
revenue
taxes.]
– The
duty
to
file
and
pay
income
tax
is
different
from
the
duty
to
withhold
and
remit
income
tax.
Exemp5on
from
income
tax
does
not
exempt
said
taxpayer
from
the
duty
to
withhold
income
tax
on
the
recipient
of
income!
However,
NO
INCOME
TAX,
NO
WITHHOLDING
TAX!
– There
are
2
types
of
withholding
taxes,
namely:
(1)
final
withholding
tax;
and
(2)
creditable
withholding
tax,
including
expanded
withholding
tax.
REQUISITE
#1
–
INCOME
TAX
• THERE
IS
INCOME,
GAIN
OR
PROFIT
OF
SELLER
– Person
subject
to
income
tax
is
the
seller
or
transferor
of
property
or
service;
buyer
is
not
subject
to
income
tax,
except
as
a
withholding
agent
of
government,
or
where
income
tax
on
the
seller
is
assumed
by
the
buyer;
– Income,
gain
or
profit
should
be
actual,
unless
presumed
by
law;
• 6%
CGT
is
due
on
sale
of
real
property,
classified
as
a
capital
asset,
located
in
the
Philippines,
and
the
seller
is
NOT
a
foreign
corporaBon,
and
is
computed
on
the
gross
selling
price
or
fair
market
value,
whichever
is
higher.
Law
makes
a
conclusive
presump5on
here;
hence,
even
if
seller
incurs
a
loss,
he
is
sBll
liable
to
pay
the
6%
CGT.
• If
seller
is
a
foreign
corporaBon,
ordinary
rules
shall
apply.
– Income,
gain
or
profit
could
be
gross
income
or
net
income;
gross
selling
price
may
consist
of
(a)
return
of
capital
and
(b)
income,
gain
or
profit;
return
of
capital
is
not
subject
to
income
tax.
– Income,
gain
or
profit
may
be
in
cash
or
its
equivalent
(value
of
property
or
service).
REQUISITE
#2
–
INCOME
TAX
• RECEIVED,
ACCRUED
OR
REALIZED/RECOGNIZED
DURING
THE
YEAR
– Receipt
of
income
could
be
actual
or
construcBve
(i.e.,
credited
to
the
account
of
or
set
aside
for
a
taxpayer,
which
may
be
drawn
by
him
at
any
Bme
and
not
subject
to
any
condiBon
or
limitaBon,
although
not
actually
reduced
to
possession);
• 20%
FWT
on
interest
income
on
bank
deposits
of
commercial
banks
with
other
banks
is
construc5vely
received;
hence,
subject
to
percentage
tax.
– Accrued
income
means
income
is
earned
but
not
received
during
the
year;
• Receipt
of
liability
by
a
person
using
the
accrual
method
is
not
subject
to
income
tax.
– Income
is
realized
means
there
is
a
separaBon
from
capital
of
something
of
exchangeable
value;
it
generally
arises
from
sale
or
other
disposiBon
of
property,
especially
when
there
is
a
closed
and
completed
transacBon.
To
be
taxable,
the
sale
need
not
be
consummated!
– Income
is
recognized
means
the
enBre
income
is
not
subject
to
income
tax;
the
law
imposes
tax
only
on
the
recognized
porBon
of
the
income
(e.g.,
long-‐
term
other
capital
gain).
– Method
of
accoun5ng
income
(cash,
accrual
or
other
method)
adopted
by
income
payee
determines
the
period
of
reporBng
such
income.
REQUISITE
#3
–
INCOME
TAX
• THERE
IS
NO
LAW
THAT
EXEMPTS
THE
INCOME
OR
THE
PERSON
THAT
RECEIVES
SUCH
INCOME
– The
law
may
exempt
the
income,
gain
or
profit
• Intra-‐corporate
dividend
– The
law
may
exempt
the
person
that
receives
the
income,
gain
or
profit
• Interest
income
on
long-‐term
bank
deposits
of
individuals
– The
law
granBng
tax
exempBon
could
be
the
ConsBtuBon,
tax
treaty
or
statute
• ExecuBve
Order
cannot
extend
the
tax
exempBon
to
persons
not
expressly
granted
under
the
law.
– ExempBon
may
be
full
or
parBal
(e.g.,
preferenBal
tax
rate);
permanent
or
for
a
limited
period
(e.g.,
ITH);
for
all
taxes
(direct
and
indirect)
or
for
specified
tax
only.
FEATURES
OF
INCOME
TAX
• It
is
a
direct
tax.
• It
is
a
progressive
tax,
since
the
tax
base
increases
as
the
tax
rate
increases.
It
is
founded
on
the
ability
to
pay
of
taxpayer.
• Phil
adopted
the
most
comprehensive
system
in
imposing
income
tax
(based
on
ciBzenship,
residence,
or
source
of
income).
• Phil
follows
the
semi-‐global
or
semi-‐schedular
income
tax
system
(i.e.,
global,
schedular,
or
mixed
global
and
schedular
tax
system).
• It
is
of
American
origin.
Decisions
of
U.S.
tax
authoriBes
have
peculiar
and
persuasive
effects
for
the
Philippines.
CRITERIA
IN
IMPOSING
INCOME
TAX
• Ci5zenship
principle
– For
Filipino
ciBzens
and
domesBc
corporaBons,
who
are
enBtled
to
Philippine
government
protecBon
wherever
they
are
situated.
• Residence
principle
– For
alien
individuals
and
foreign
corporaBons
• Source
principle
– For
alien
individuals
and
foreign
corporaBons
INCOME
TAX
SYSTEMS
• GLOBAL
TAX
SYSTEM
– CompensaBon
income
not
subject
to
FWT
– Business
and/or
professional
income
– Capital
gains
not
subject
to
FWT
– Passive
investment
income
not
subject
to
FWT
– Other
income
not
subject
to
FWT
• SCHEDULAR
TAX
SYSTEM
– CompensaBon
income
subject
to
FWT
– Capital
gains
subject
to
FWT
– Passive
investment
income
subject
to
FWT
– Other
income
subject
to
FWT
• SEMI-‐GLOBAL
OR
SEMI-‐SCHEDULAR
TAX
SYSTEM
– The
Philippines
adopted
the
semi-‐global
or
semi-‐schedular
tax
system.
Either
the
global
or
schedular
system,
or
both
systems,
may
apply
on
income
of
a
taxpayer,
depending
on
the
nature
of
such
income.
PURELY
GLOBAL
TAX
SYSTEM
• 1.
The
taxable
income
(regardless
of
nature)
is
not
subject
to
FWT;
it
may
be
subject
to
CWT
or
no
WT
applies.
In
other
words,
if
income,
gain
or
profit
is
subject
to
income
tax
and
no
FWT
tax
applies
thereon,
use
GLOBAL
TAX
SYSTEM
in
compuBng
income
tax.
• 2.
All
taxable
incomes
above
are
declared
in
tax
return
for
the
year.
COST
OF
SALES
(represenBng
return
of
capital)
or
cost
of
services
is
DEDUCTED
FROM
GROSS
SALES
to
arrive
at
GROSS
INCOME.
• 3.
All
allowable
deducBons
(except
on
compensaBon
income)
and
personal/addiBonal
exempBons,
if
individual
is
qualified,
are
deducted
therefrom
to
arrive
at
NET
TAXABLE
INCOME.
• 4.
Tax
rates
depend
on
WHO
is
the
taxpayer
-‐-‐
graduated
rates
(5%-‐32%)
for
individuals,
and
fixed
rate
(30%)
for
corporaBons,
unless
the
law
imposes
a
different
tax
rate.
• 5.
CWT
taxes
withheld
by
the
buyer
(thru
1706
return
filed
with
BIR)
and
usually
evidenced
by
BIR
Form
2307
(CerBficate
of
Tax
Withheld)
are
creditable
against
the
income
tax
due
for
the
period
of
the
seller.
PURELY
SCHEDULAR
TAX
SYSTEM
• 1.
Income
of
seller
is
subject
to
income
tax
under
Title
II,
NIRC;
• 2.
Income
is
listed
in
Sec
57(A),
NIRC
among
those
subject
to
FWT,
to
be
withheld
by
the
Phil
resident-‐payor
of
income
and
remijed
to
BIR
within
the
prescribed
period.
– You
apply
the
schedular
tax
system
only
when
the
taxable
income,
gain
or
profit
is
subject
to
FWT.
• 3.
FWT
return
(1601F,
1602,
or
1603)
is
filed
by
payor
of
income-‐buyer
of
goods
or
service.
However,
capital
gains
tax
return
for
sale
of
real
property
subject
to
6%
CGT
(1606)
is
to
be
filed
by
the
seller/transferor,
not
by
the
buyer.
• 4.
Payee-‐recipient
of
income
may
be
resident
or
non-‐resident
person.
He
does
not
report
or
declare
such
income
subjected
to
FWT
in
his
tax
return
(1701
or
1702),
although
current
regulaBons
require
that
such
income
be
reflected
in
the
supplemental
informaBon
in
the
tax
returns
to
be
filed.
– RA
1405
(Bank
Secrecy
Law)
prohibits
the
disclosure
or
inquiry
into
the
bank
deposits
by
the
government.
SEMI-‐GLOBAL
OR
SEMI-‐SCHEDULAR
TAX
SYSTEM
• 1.
Incomes
are
subject
to
income
tax,
but
one
or
more
types
of
income
is
subject
under
the
global
tax
system
(e.g.,
compensaBon
income
and
business/professional
income),
while
other
types
of
incomes
are
subject
under
the
schedular
tax
system
(e.g.,
interest
income
on
bank
deposits
and
dividend
income).
• 2.
It
does
not
apply
to
mixed
incomes
of
taxpayer,
where
both
of
the
incomes
are
subject
to
the
(a)
purely
global
tax
system
(e.g.,
compensaBon
income
and
professional/business
income),
or
(b)
purely
schedular
tax
system
(e.g.,
interest
income
on
bank
deposits
and
dividend
income
from
domesBc
corporaBon).
FORMULA
• GLOBAL
SYSTEM
(CWT/No
• SCHEDULAR
SYSTEM
(FWT)
WT)
• Type
#1.
Gross
selling
price
• Gross
sales/revenue
or
fair
market
value,
• Less:
Cost
of
sales/service
whichever
is
higher
Bmes
• Gross
income
applicable
tax
rate
=
Tax
due
(real
property)
• Less:
DeducBons
• Type
#2.
Gross
selling
price
•
PAE
(for
individual)
less
cost
or
adjusted
basis
=
• Net
taxable
income
Capital
gain
Bmes
• MulBplied
by
applicable
applicable
tax
rate
=
Tax
rate
(graduated
or
flat)
due
(shares
of
domesBc
corp)
• Income
tax
due
• Type
#3.
Gross
income
• Less:
Creditable
WT
Bmes
applicable
rate
=
Tax
• Balance
due
(passive
inv
income;
income
paid
to
resident
or
non-‐resident
person)
FINAL
WITHHOLDING
TAX
• Income
payment
is
listed
in
Sec
57(A),
NIRC,
as
subject
to
FWT.
• FWT
withheld
by
the
payor
of
income
(e.g.,
20%
FWT
on
interest
income
on
bank
deposits)
represents
FULL
payment
of
income
tax
due
on
such
income
of
the
recipient.
• Income
payee
(or
recipient
of
income)
does
not
report
income
subjected
to
FWT
in
his
income
tax
return,
although
income
is
reflected
in
his
audited
financial
statements
for
the
year.
However,
he
is
not
allowed
to
claim
any
tax
credit
on
income
subjected
to
FWT.
• Withholding
agent
(payor
of
income)
files
the
withholding
tax
return,
which
includes
the
FWT
deducted
from
the
income
of
payee,
and
pays
the
tax
to
the
BIR.
There
is
no
CerBficate
of
Tax
Withheld
issued
to
income
payee.
• No
CerBficate
of
Tax
Withheld
(BIR
Form
2307)
is
asached
to
the
income
tax
return
of
recipient
of
income
because
he
does
not
claim
any
tax
credit
in
his
tax
return.
FWT:
SEC
57(A),
NIRC
• Income
tax
is
imposed
or
prescribed
by:
– Sec.
24(B)(1)
–
Interests,
royalBes,
prizes
&
other
winnings
– Sec.
24(B)(2)
–
Cash
and/or
property
dividends
– Sec.
24(C)
–
CGs
from
sale
of
shares
not
traded
in
PSE
– Sec.
24(D)(1)
–
CGs
from
sale
of
real
property
located
in
the
Phil
– Sec.
25(A)(2)
–
Cash
and/or
property
dividends
from
DC;
interests,
royalBes,
prizes
and
other
winnings
– Sec.
25(A)(3)
–
CGs
from
sale
of
shares
not
traded
in
PSE
and
real
property
– Sec.
25(B)
–
NRA
not
engaged
in
trade
or
business
in
the
Phil
– Sec.
25(C)
–
Alien
employed
by
RHQ
and
ROHQ
– Sec.
25(D)
–
Alien
employed
by
OBU
– Sec.
25(E)
–
Alien
employed
by
petroleum
service
contractor
and
sub-‐
contractor
• FWT
is
required
to
be
withheld
and
remijed
by
buyer-‐payor
of
income,
except
in
the
case
of
CGG
on
real
property
which
if
paid
by
the
seller-‐
payee
of
income.
CREDITABLE
WITHHOLDING
TAX
• Income
payment
is
(a)
compensa5on
income
subject
to
WT
on
Wages
under
Chapter
XIII
(WT
on
wages),
or
(b1)
one
listed
in
the
regula5on,
in
the
case
of
ordinary
withholding
agent,
or
(b2)
even
though
unlisted,
in
the
case
of
Top
20,000
CorporaBon
or
Top
5,000
Individual,
that
is
subject
to
expanded
withholding
tax
(EWT)
under
Sec
57(B)
[EWT],
NIRC;
hence,
if
income
or
person
is
exempt
from
income
tax,
NO
WT
is
required.
• Taxable
income
is
reported
in
the
tax
return
of
taxpayer,
together
with
other
incomes
subject
to
income
tax
under
the
global
tax
system.
• Income
tax
is
generally
computed
on
the
net
taxable
income
of
taxpayer.
• EWT
is
creditable
against
the
income
tax
due,
provided
that
it
is
evidenced
by
BIR
Form
2307
(Cert
of
Creditable
WT),
or
other
relevant
legal
documents
(e.g.,
JV/check).
NO
WITHHOLDING
TAX
APPLICABLE
• Income
is
subject
to
income
tax
under
the
global
tax
system,
but
no
withholding
tax
(whether
CWT
or
FWT)
applies
thereon.
• Income
is
reported
by
the
taxpayer
(recipient
of
income)
in
his/its
tax
return,
together
with
other
incomes
subject
to
income
tax
under
the
global
tax
system.
• EnBre
income
tax
due
per
return
is
paid
at
the
Bme
of
filing
of
tax
return,
except
in
the
case
of
self-‐employed
individuals
with
more
than
P2,000
income
tax
due
for
the
year,
provided
that
at
least
50%
thereof
is
paid
upon
filing
on
or
before
April
15
(Sec.
56,
NIRC).
TYPES
OF
INCOME
TAX
• 1.
Graduated
income
tax
on
individuals
(Secs
24-‐25);
• 2.
Regular
corporate
income
tax
on
corporaBons
(RCIT)
[Sec
27(A)-‐28(A)];
• 3.
Minimum
corporate
income
tax
on
corporaBons
(MCIT)
[Sec
27(E)-‐Sec(E2)];
• 4.
Special
income
tax
on
certain
corporaBons
(e.g.,
private
educaBonal
•
insBtuBons
[Sec
27(B)];
foreign
currency
deposit
units
[Sec
27(D3)];
internaBonal
carriers
[Sec
28(A3)];
OBU
(Sec
28(D4)];
ROHQ
(Sec
28(D6);
FCDU
(Sec
27(D3)
&28(D7b)];
• 5.
Capital
gains
tax
on
sale
or
exchange
of
unlisted
shares
of
stock
of
a
•
domesBc
corporaBon
classified
as
a
capital
asset;
• 6.
Capital
gains
tax
on
sale
or
exchange
of
real
property
located
in
the
•
Philippines
classified
as
a
capital
asset;
• 7.
Final
withholding
tax
on
certain
passive
investment
incomes
(e.g.,
interest,
•
dividend,
and
royalty);
• 8.
Final
withholding
tax
on
income
payments
made
to
non-‐residents
•
(individual
or
corporaBon);
• 9.
Fringe
benefit
tax
(FBT)
[Sec
33];
• 10.
Branch
profit
remisance
tax
(BPRT)
[Sec
28(D5)];
and
• 11.
Tax
on
improperly
accumulated
earnings
(IAET)
[Sec
29,
NIRC].
KINDS
OF
TAXPAYERS
• INDIVIDUAL,
including
estate
and
trust
– CITIZEN
(RC)
• Resident
(RC)
–
Taxable
on
worldwide
income
• Non-‐resident
–
immigrant,
permanent
worker,
OFW
(seamen)
– ALIEN
• Resident
• Non-‐resident
– Engaged
in
trade
or
business
(more
than
180
days
in
the
Phil)
– Not
engaged
in
trade
or
business
(180
days
or
less
stay
in
Phil)
• CORPORATION
(DC),
including
partnership
– DOMESTIC
(DC)
–
Taxable
on
worldwide
income
– FOREIGN
• Resident
(e.g.,
Phil
branch
of
foreign
corporaBon)
• Non-‐resident
– TEST
FOR
TAX
PURPOSES:
Law
of
incorporaBon,
NOT
ownership
• RULE:
All
taxpayers
are
taxed
only
on
income
from
sources
within
the
Phil,
except
RC
and
DC.
INCOME
TAX
ON
INDIVIDUAL
• COMPENSATION
INCOME
• BUSINESS/PROFESSIONAL
INCOME
• Gross
compensaBon
income
• Gross
sales/professional
fees
• Less:
Personal
(P50T)
and
• Less:
Cost
of
sales/service
addi5onal
exemp5ons
(P25T)
• Gross
income
• Tax
base
• Less:
Deduc5ons
• MulBplied
by
graduated
rates
of
•
Personal
and
addiBonal
income
tax
(5%-‐32%)
exempBons
• Ordinary
income
tax
• Net
taxable
income
• Less:
Creditable
withholding
tax
• MulBplied
by
grad
tax
rates
(CWT)
• Income
tax
due
• Balance
due
for
payment
upon
• Less:
CWT
filing
of
return
• Balance
due
(if
amount
of
income
tax
due
is
over
P2,000,
he
may
pay
in
2
equal
installments
on
April
15
and
July
15)
[Sec
56(A2),
NIRC]
RA
9504,
June
17,
2008
• 1.
COMPENSATION
INCOME
EARNER
– Statutory
Minimum
Wage
(SMW)
–
rate
fixed
by
the
Regional
TriparBte
Wage
and
ProducBvity
Board,
as
defined
by
BLES
of
DOLE
(Sec.
22(GG),
NIRC)
– Minimum
Wage
Earner
(MWE)
–
worker
in
the
private
sector
paid
the
statutory
minimum
wage,
or
to
an
employee
in
the
government
sector
with
compensaBon
income
of
not
more
than
the
statutory
minimum
wage
in
the
non-‐agricultural
sector
where
he/she
is
assigned
(Sec.
22
(HH),
NIRC)
– Minimum
wage
earners
shall
be
exempt
from
the
payment
of
income
tax
on
their
taxable
income:
Provided,
further,
That
the
holiday
pay,
overBme
pay,
night
shix
differenBal
pay
and
hazard
pay
received
by
such
MWE
shall
likewise
be
exempt
from
income
tax
(Sec.
24(A)(2),
NIRC)
RR
10-‐2008,
July
8,
2008
• An
employee
who
receives/earns
addiBonal
compensaBon
such
as
commissions,
honoraria,
fringe
benefits,
benefits
in
excess
of
the
allowable
statutory
amount
of
P30,000
(increased
to
P82,000
beginning
2015
under
RA
10653),
taxable
allowances
and
other
taxable
income
other
than
the
SMW,
holiday
pay,
overBme
pay,
hazard
pay
and
night
shix
differenBal
pay,
shall
not
enjoy
the
privilege
of
being
a
MWE
and,
therefore,
his/her
enBre
earnings
are
not
exempt
from
income
tax
and,
consequently,
from
withholding
tax.
• MWEs
receiving
other
income,
such
as
income
from
the
conduct
of
trade,
business
or
pracBce
of
profession,
except
income
subject
to
final
tax,
in
addiBon
to
compensaBon
income,
are
not
exempted
from
income
tax
on
their
enBre
income
earned
during
the
year.
• This
rule
notwithstanding,
the
SMW,
holiday
pay,
overBme
pay,
night
shix
differenBal
pay,
and
hazard
pay
shall
sBll
be
exempt
from
withholding
tax.
RMC
91-‐2010,
Dec
2,
2010 0
• RULES:
– If
taxable,
partnership
is
taxed
like
a
corporaBon.
– If
taxable
partnership
derives
net
income
during
the
year,
the
enBre
net
income
is
deemed
received
by
the
partners
in
the
year
it
was
earned
by
the
partnership.
– If
GPP
adopts
itemized
deducBons
during
the
year,
partners
must
use
itemized
deducBons
during
the
same
year.
RESIDENT
FOREIGN
CORPS
• TAXABLE:
RCIT
&
BPRT
– Ordinary
branch
of
a
foreign
corporaBon
in
the
Phil:
30%
x
net
income
from
sources
within
the
Phil
• PEZA-‐
&
SBMA-‐registered
branch
of
foreign
corporaBon
is
exempt
from
15%
BPRT
– Regional
operaBng
headquarters
(ROHQ):
10%
x
net
income
from
sources
within
the
Phil
– Offshore
banking
unit
(OBU)
and
foreign
currency
deposit
unit
(FCDU)
[ING
Bank
Manila
v.
CIR]:
10%
x
gross
interest
income
on
forex
loan
to
residents
– Foreign
internaBonal
carriers
by
air
or
water:
2.5%
x
GPB
– Foreign
contractor
or
sub-‐contractor
engaged
in
petroleum
operaBons
in
the
Phil:
8%
x
gross
income
from
sources
within
the
Phil
• EXEMPT:
Not
engaged
in
trade
or
business
in
the
Phil
– RepresentaBve
office
– Regional
headquarters
(RHQ)
REV
REGS
NO.
10-‐2012,
June
1,
2012
• JOINT
VENTURE,
NOT
TAXABLE
AS
CORPORATION
– JV
or
consorBum
is
formed
for
the
purpose
of
undertaking
construcBon
projects;
– It
involves
joining
or
pooling
of
resources
by
licensed
local
contractors;
i.e.,
licensed
as
a
general
contractor
by
the
Phil
Contractors
AccreditaBon
Board
(PCAB)
of
the
DTI;
– Local
contractors
are
engaged
in
construcBon
business;
and
– JV
itself
is
likewise
licensed
as
such
by
PCAB.
• If
any
requirement
above
is
absent,
JV
or
consorBum
is
a
taxable
corporaBon.
• Tax-‐exempt
JV
shall
not
include
those
who
are
mere
suppliers
of
goods,
services
or
capital
to
a
construcBon
project.
JOINT
VENTURE
• Lease
of
proper5es
under
common
management
• Three
sisters
borrowed
money
from
their
father
and
bought
twenty-‐four
(24)
pieces
of
real
property
that
they
leased
to
various
tenants
for
over
fixeen
years
and
derived
rentals
therefrom.
They
appointed
their
brother
to
manage
their
properBes
and
to
collect
and
receive
rents.
• The
court
ruled
that
a
taxable
partnership
was
formed.
There
were
series
of
transacBons
where
peBBoners
purchased
twenty-‐four
lots,
showing
that
the
purpose
was
not
limited
to
the
conservaBon
of
the
common
fund
or
even
the
properBes
acquired
by
them.
The
character
of
habituality
peculiar
to
business
transacBons
engaged
in
for
the
purpose
of
gain
was
present.
The
properBes
were
leased
out
to
tenants
for
several
years.
Moreover,
the
term
“corporaBon”
includes
organizaBons
that
are
not
necessarily
“partnerships”
in
the
technical
sense
of
the
term
as
well
as
partnerships,
no
maser
how
created
or
organized.
This
qualifying
expression
clearly
indicates
that
a
joint
venture
need
not
be
undertaken
in
any
of
the
standard
forms,
or
in
conformity
with
the
usual
requirements
of
the
law
on
partnerships,
in
order
that
one
could
be
deemed
consBtuted
for
purposes
of
the
tax
on
corporaBons
(Evangelista
vs.
Collector,
102
Phil.
140).
• When
a
father
and
son
purchased
a
lot
and
building,
entrusted
the
administraBon
of
the
building
to
an
administrator
and
divided
equally
the
net
income,
there
is
a
taxable
partnership
(Reyes
vs.
Commissioner,
24
SCRA
198).
JOINT
VENTURE
• Insurance
pool
or
clearing
house
• An
insurance
pool
or
clearing
house,
composed
of
41
non-‐life
insurance
corporaBons,
whose
role
was
limited
to
its
principal
funcBon
of
allocaBng
and
distribuBng
the
risks
arising
from
the
original
insurance
among
the
signatories
to
the
treaty
or
the
members
of
the
pool
on
their
ability
to
absorb
the
risks
ceded
as
well
as
the
performance
of
incidental
funcBons,
such
as
records,
maintenance,
collecBon
and
custody
of
funds,
and
which
did
not
insure
or
assure
any
risk
in
its
own
name,
was
treated
as
a
partnership
or
associaBon
subject
to
tax
as
a
corporaBon.
• ArBcle
1767
of
the
Civil
Code
recognizes
the
creaBon
of
a
contract
of
partnership
when
“two
or
more
persons
bind
themselves
to
contribute,
money,
property,
or
industry
to
a
common
fund,
with
the
intenBon
of
dividing
the
profits
among
themselves.
Its
requisites
are
mutual
contribuBon
to
a
common
stock,
and
a
joint
interest
in
the
profits
(AFISCO
Insurance
Corp
et
al.
vs.
Commissioner,
G.R.
No.
112675,
Jan.
25,
1999).
JOINT
VENTURE
• Agreement
to
manage
and
operate
mine
denominated
as
‘Power
of
Ajorney’
• Philex
Mining
CorporaBon
entered
into
an
agreement
denominated
as
Power
of
Asorney
with
Baguio
Gold
Mining
CorporaBon
to
manage
and
operate
the
laser’s
mining
claim.
In
managing
the
project,
Philex
made
advances
of
cash
and
property.
The
mine
suffered
conBnuing
losses
resuling
in
Philex’s
withdrawal
as
manager
and
cessaBon
of
mine
operaBons.
• A
“Compromise
with
DaBon
in
Payment”
was
executed
by
the
parBes,
where
Baguio
Gold
admised
its
liabiliBes
to
Philex
and
agreed
to
pay
the
same.
• Philex
wrote
off
in
the
books
the
remaining
outstanding
indebtedness
of
Baguio
Gold
by
charging
a
porBon
of
the
amount
to
allowances
and
reserves
that
were
set
up
in
1981
and
a
porBon
to
the
1982
operaBons.
The
amount
allocated
to
1982
was
deducted
from
the
1982
gross
income
as
“loss
on
seslement
of
receivables.”
• The
BIR
disallowed
the
deducBon
for
bad
debt
and
assessed
Philex
deficiency
taxes
because
the
advances
are
Philex’s
investment
in
a
partnership
with
Baguio
Gold
for
the
exploitaBon
and
development
of
the
mine.
JOINT
VENTURE
• The
totality
of
the
circumstances
and
the
sBpulaBons
in
the
parBes’
agreement
indubitably
lead
to
the
conclusion
that
a
partnership
was
formed
between
the
parBes.
• First,
it
does
not
appear
that
Baguio
Gold
was
uncondiBonally
obligated
to
return
the
advances
made
by
Philex
under
the
agreement.
• Second,
the
Tax
Court
correctly
observed
that
it
was
unlikely
for
a
business
corporaBon
to
lend
hundreds
of
millions
to
another
corporaBon
with
neither
security
nor
collateral
or
a
specific
deed
evidencing
the
terms
and
condiBons
of
such
loans.
The
parBes
also
did
not
provide
for
a
specific
maturity
date
for
the
advances
to
become
due
and
demandable,
and
the
manner
of
payment
was
unclear.
• Third,
the
strongest
indicaBon
that
Philex
was
a
partner
is
the
fact
that
it
would
receive
50%
of
the
net
profits
as
“compensaBon”
under
the
agreement
(Philex
Mining
Corporaaon
vs.
Commissioner,
G.R.
No.
148187,
Apr.
16,
2008).
SOURCES
OF
INCOME
• Interest
–
Interest
from
sources
within
Phil
and
interest
on
bonds
and
obligaBons
of
residents,
corporate
or
otherwise
• Dividend
–
From
domesBc
corporaBon
and
from
foreign
corporaBon,
unless
less
than
50%
of
gross
income
of
foreign
corporaBon
for
3
years
prior
to
declaraBon
of
dividends
was
derived
from
sources
within
the
Phil,
in
which
case,
apply
only
raBo
of
Phil-‐source
income
to
gross
income
from
all
sources
• Services
–
Place
where
services
are
performed,
except
in
case
of
internaBonal
air
carrier
and
shipping
lines
which
are
taxed
at
2.5%
on
their
Gross
Phil
Billings.
Revenues
from
outbound
trips
(originaBng
from
the
Phil)
are
considered
as
income
from
sources
within
the
Philippines,
while
revenues
from
inbound
trips
are
treated
as
income
from
sources
outside
the
Philippines.
• Rentals
and
royal5es
–
LocaBon
or
use
of
property
or
property
right
in
Phil
• Sale
of
real
property
–
Located
in
the
Philippines
• Sale
of
personal
property
–
Located
in
the
Philippines
• Gain
from
sale
of
shares
of
stocks
of
a
domes5c
corpora5on
is
ALWAYS
treated
as
income
from
sources
within
the
Philippines.
• Other
intangible
property
–
Mobilia
sequuntur
personam
(e.g.,
gain
from
sale
of
shares
of
stocks
of
a
foreign
corporaBon)
MINIMUM
CORP
INCOME
TAX
•
SALE
OF
GOODS
•
SALE
OF
SERVICES
• Gross
Sales
• Gross
Revenue
• Less:
Cost
of
Sales:
• Less:
Cost
of
Service
•
Beg.
Inventory
•
consisBng
of
all
direct
+
Purchases
•
costs
and
expenses
Total
available
for
sale
-‐
Ending
inventory
Cost
of
Sales
• Gross
income
• Gross
income
• Times
2%
• Times
2%
• MCIT
• MCIT
INCOME
• INCOME
means
cash
or
its
equivalent
coming
to
a
person
within
a
specified
period,
whether
as
payment
for
services,
interest
or
profit
from
investment.
It
covers
gain
derived
from
capital,
from
labor,
or
from
both
combined,
including
gain
from
sale
or
conversion
of
capital
assets.
• Return
of
capital
is
exempt
from
income
tax.
Capital,
labor,
or
property
is
the
tree;
income
is
the
fruit.
Capital
is
the
fund,
income
is
the
flow
of
fund.
– Subsidy
of
foreign
corporaBon
to
Phil
representaBve
office
is
not
income.
– Reimbursement
of
advances
made
is
not
income,
but
receipts/invoices
must
be
issued
by
provider
of
goods
or
services
in
the
name
of
the
principal.
• To
be
taxable,
there
must
be
income,
gain
or
profit;
gain
is
received,
accrued
or
realized
during
the
year;
and
such
income
or
the
person
who
derives
such
income
is
not
exempt
from
income
tax
under
the
Cons5tu5on,
treaty
or
law.
– Mere
increase
in
the
value
of
property
does
not
consBtute
taxable
income.
It
is
not
yet
realized
during
the
year.
– Transfer
of
appreciated
property
to
the
employee
for
services
rendered
is
taxable
income.
– MCIT
on
domesBc
corporaBons
is
consBtuBonal,
as
it
is
a
tax
on
gross
income.
TEST
IN
DETERMINING
INCOME
• Realiza5on
test
– There
must
be
separaBon
from
capital
of
something
of
exchangeable
value
(e.g.,
sale
of
asset)
• Claim
of
right
doctrine
– CIR
v.
Javier,
199
SCRA
824
(bank
erroneously
paid
$1
M,
instead
of
$1,000)
• Economic
benefit
test
– Stock
opBon
given
to
the
employee
• Income
from
whatever
source
– All
income
not
expressly
exempted
from
income,
irrespecBve
of
voluntary
or
involuntary
acBon
of
taxpayer
in
producing
income
NATURE
OF
INCOME
• COMPENSATION
INCOME
– Existence
of
employer-‐employee
relaBonship
– No
deducBon
from
gross
compensaBon
income
allowed
• BUSINESS
AND/OR
PROFESSIONAL
INCOME
– NO
employer-‐employee
relaBonship
• CAPITAL
GAIN
– Real
property
in
the
Phil
and
shares
of
stock
of
domesBc
corporaBon
– Other
sources
of
capital
gain
• PASSIVE
INVESTMENT
INCOME
– Interest,
dividend,
and
royalty
income
• OTHER
INCOME
– Prizes
and
winnings
– All
other
income,
gain
or
profit
not
covered
by
the
above
classes
COMPENSATION
INCOME
• CompensaBon
income
falling
within
the
meaning
of
“statutory
minimum
wage”(SMW)
under
R.A.
9504,
effecBve
July
6,
2008,
as
implemented
by
Revenue
RegulaBons
No.
10-‐2008
dated
July
8,
2008,
shall
be
exempt
from
income
tax
and
withholding
tax.
• Holiday
pay,
overBme
pay,
night
shix
differenBal
pay,
and
hazard
pay
earned
by
Minimum
Wage
Earner
(MWE)
shall
likewise
be
covered
by
the
above
exempBon,
provided
that
an
employee
who
receives/earns
addiBonal
compensaBon
such
as
commissions,
honoraria,
fringe
benefits,
benefits
in
excess
of
the
allowable
statutory
amount
of
P30,000,
taxable
allowances
and
other
taxable
income
other
than
the
SMW,
holiday
pay,
overBme
pay,
hazard
pay
and
night
shix
differenBal
pay
shall
not
enjoy
the
privilege
of
being
a
MWE
and,
therefore,
his/her
enBre
earnings
are
not
exempt
from
income
tax
and
withholding
tax.
•
RMC
58-‐2014,
July
22,
2014
•
RMC
58-‐2014
publishes
the
full
text
of
Supreme
Court
ResoluBon
dated
June
25,
2014
on
the
withholding
of
tax
from
the
special
allowance
for
the
judiciary
as
well
as
the
withholding
of
corresponding
taxes
on
the
following:
– Monthly
SAJ
of
incumbent
jusBces,
judges
and
judiciary
officials
with
the
equivalent
rank
of
a
CA
jusBce
or
RTC
judge;
– Monthly
special
allowance
in
an
amount
equivalent
to
the
SAJ
being
received
by
judiciary
officials
not
included
in
item
#1;
and
– AddiBonal
allowances
from
the
surplus
of
the
SAJ
Fund
that
may
be
authorized
to
be
given
to
judiciary
officials
and
employees
who
are
not
direct
beneficiaries
under
RA
9227.
COMMISSION
INCOME
• Commissions
paid
for
markeBng
services
rendered
abroad
for
a
Philippine
company
is
considered
foreign-‐source
income.
The
source
of
the
income
is
the
property,
acBvity
or
service
that
produced
the
income.
Place
where
services
are
rendered
determine
taxaBon.
• The
fact
that
recipient
of
commission
income
is
President
and
majority
stockholder
of
the
Philippine
company
does
not
alter
the
source
of
income.
There
are
only
two
ways
by
which
the
President
and
other
members
of
the
Board
can
be
granted
compensaBon
apart
from
reasonable
per
diems:
(1)
when
there
is
a
provision
in
the
by-‐laws
fixing
their
compensaBon;
and
(2)
when
the
stockholders
agree
to
give
it
to
them.
If
none
of
these
condiBons
are
present,
commission
income
cannot
be
automaBcally
asributed
to
peBBoner’s
posiBon
in
the
company
(Juliane
Baier-‐Nickel
vs.
CIR,
GR
No.
156305,
Feb.
17,
2003)
• Documents
faxed
to
Philippine
company
bearing
instrucBons
as
to
sizes,
designs
and
fabrics
to
be
used
in
finished
products
and
sample
sales
orders
relayed
to
clients
abroad
are
not
enough
to
show
services
were
performed
abroad.
Said
documents
must
show
that
instrucBons
or
orders
ripened
into
concluded
or
collected
sales
in
Germany
(CIR
v.
Baier-‐Nickel,
GR
No.
153793,
Aug
29,
2006).
ONSHORE
AND
OFFSHORE
INCOME
• ConstrucBon
and
installaBon
works
were
subcontracted
and
done
in
the
Philippines
by
a
Phil
corporaBon;
hence,
income
is
from
sources
within
the
Philippines.
• However,
some
pieces
of
equipment
and
supplies
for
NDC
project
and
ammonia
storage
tanks
and
refrigeraBon
units
were
completely
designed
and
engineered
in
Japan.
All
services
for
the
design,
fabricaBon,
engineering
and
manufacture
of
materials
and
equipment
under
Japanese
Yen
porBon
were
made
and
completed
in
Japan;
hence,
exempt
from
Phil
income
tax.
• Service
income
from
turn-‐key
contract
on
a
project
in
the
Phil
is
divisible
(CIR
v.
Marubeni
Corp,
GR
No.
137377,
Dec
18,
2001).
NATURE
OF
ASSET
• ORDINARY
ASSET
• Inventory
if
on
hand
at
end
of
taxable
year
• Stock
in
trade
held
primarily
for
sale
or
for
lease
in
the
course
of
trade
or
business
• Asset
used
in
trade
or
business,
subject
to
depreciaBon
• Real
property
used
in
trade
or
business
• Tax
base,
tax
rate,
and
gain
or
loss
from
sale
– CA
located
in
the
Phil
–
6%
CGT;
CA
located
abroad
–
Global
tax
system.
Basis
is
FMV
or
GSP,
whichever
is
higher.
Seller
pays
the
6%
CGT,
but
buyer
does
not
withhold
the
FWT.
– In
OA,
tax
base
is
net
income
and
rate
of
tax
depends
on
whether
seller
is
individual
or
corporaBon;
it
is
subject
to
EWT
provisions.
ORDINARY
v.
CAPITAL
ASSETS
• Cost
or
adjusted
basis
upon
subsequent
sale
– This
is
not
material,
if
asset
sold
is
capital
asset,
because
tax
base
is
GSP/FMV,
whichever
is
higher.
– This
is
important,
if
asset
sold
is
ordinary
asset,
because
tax
base
is
net
income.
• Donor’s
tax
on
sale
for
insufficient
considera5on
– If
CA,
no
donor’s
tax
due.
– If
OA,
there
is
donor’s
tax
due
per
Sec
100,
NIRC.
• Filing
of
tax
return
– If
CA,
within
30
days
from
date
of
sale
– If
OA,
within
45/60
days
from
close
of
quarter
COST
OR
ADJUSTED
BASIS
• COMPUTATION
OF
GAIN
OR
LOSS
– Amount
realized
less
basis
or
adjusted
basis
=
gain
or
loss
– Amount
realized
is
the
sum
of
money
received
plus
the
fair
market
value
of
property
(other
than
money)
received
• BASIS
OF
PROPERTY
– Cost,
if
acquired
by
purchase
– FMV
at
date
of
acquisiBon,
if
property
was
acquired
by
inheritance
– Basis
shall
be
the
same
as
if
it
would
be
in
the
hands
of
the
donor
or
last
preceding
owner
by
whom
it
was
not
acquired
by
gix,
if
property
was
acquired
by
donaBon
– Basis
is
the
amount
paid
by
the
transferee
for
the
property,
if
acquired
for
less
than
adequate
consideraBon
(Sec.
40,
NIRC).
EXCHANGE
OF
PROPERTY
• GENERAL
RULE
– The
enBre
gain
or
loss
shall
be
recognized.
• EXCEPTIONS:
– No
gain
or
loss
shall
be
recognized
at
the
Bme
of
the
transacBon
on
tax-‐free
exchanges
of
property
under
Sec
40©(2),
NIRC:
– a.
Merger
or
consolidaBon
– b.
Exchange
of
property
for
shares
of
stocks,
as
a
result
of
which,
he
together
with
four
others
gains
control
of
the
corporaBon
GROSS
PHIL
BILLINGS
• INTERNATIONAL
AIR
CARRIER
• On
outbound
trip:
Flight
from
Phil
to
foreign
desBnaBon,
income
is
treated
as
from
Philippine
sources;
hence,
subject
to
2.5%
on
GPB.
– ConBnuous
and
uninterrupted
flight
– If
transhipment
of
passenger
in
another
country
on
another
foreign
airline
takes
place:
GPB
tax
applies
only
on
aliquot
porBon
of
revenue
on
Philippine
leg
(Phil
to
foreign
country)
• On
inbound
trip:
Flight
from
foreign
country
to
the
Phil,
income
is
treated
as
from
foreign
sources;
hence,
exempt
from
Phil
income
tax
• INTERNATIONAL
SHIPPING
LINE
• From
Phil
to
final
foreign
desBnaBon:
enBre
income
is
taxable,
even
if
transhipment
of
cargoes
took
place
in
another
country
• From
foreign
country
to
Phil:
exempt
RMC
40-‐2013,
May
2,
2013
• RA
10378
(grants
income
tax
exempBons
to
internaBonal
carriers
based
on
reciprocity)
passed
into
law
on
March
7,
2013,
published
in
Manila
BulleBn
and
Phil
Star
on
March
13,
2013,
and
took
effect
on
March
29,
2013.
• InternaBonal
carrier
doing
business
in
the
Phil
shall
pay
2.5%
on
its
GPB,
provided
that
internaBonal
carriers
may
avail
of
preferenBal
rate
or
exempBon
from
tax
imposed
on
gross
revenue
derived
from
the
carriage
of
persons
and
their
excess
baggage
on
the
basis
of
applicable
tax
treaty
or
internaBonal
agreement
to
which
the
Phil
is
a
signatory
or
on
the
basis
of
reciprocity
such
that
the
intl
carrier,
whose
home
country
grants
income
tax
exempBon
to
Phil
carriers,
shall
likewise
be
exempt
from
income
tax.
CAPITAL
GAINS
• 3
TYPES
OF
CAPITAL
GAINS
– Capital
gain
from
sale
of
real
property
located
in
the
Phil
– Capital
gain
from
sale
of
shares
of
stocks
of
a
domesBc
corporaBon
– Other
types
of
capital
gains
• Sale
of
real
property
located
in
the
Phil
– Seller
is
not
engaged
in
real
estate
business
• The
law
presumes
that
the
seller
realizes
a
profit
from
sale
of
capital
asset;
hence,
despite
the
loss
from
sale,
seller
has
to
pay
the
6%
CGT.
SALE
OF
REAL
PROPERTY
• The
tax
base
is
gross
selling
price
or
fair
market
value,
whichever
is
higher
• Apply
the
6%
capital
gains
tax,
if
the
seller
is
a
resident
ciBzen,
an
alien
individual
(resident
or
non-‐resident),
or
a
domesBc
corporaBon.
• If
the
seller
is
a
foreign
corporaBon
(resident
or
non-‐resident),
the
asset
in
the
Phil
is
a
capital
asset,
but
the
gain
from
sale
is
subject
to
the
global
tax
system
of
taxaBon.
• If
the
real
property
is
located
abroad,
the
gain
from
sale
is
exempt
from
Phil
income
tax,
unless
the
seller
is
a
resident
ciBzen
or
a
domesBc
corporaBon.
• If
the
seller
is
a
resident
ciBzen
and
capital
asset
is
the
principal
residence
of
the
seller,
the
sale
may
be
exempt
from
the
6%
CGT,
provided
that
the
condiBons
provided
for
in
the
law
are
complied
with
by
the
seller.
SALE
OF
REAL
PROPERTY
• Seller
is
a
person
engaged
in
real
estate
business
– Real
property
is
an
ordinary
asset;
hence,
any
gain
(selling
price
less
cost
or
adjusted
basis)
from
sale
is
taxed
under
the
global
tax
system.
– The
transacBon
is
subject
to
the
expanded
withholding
tax,
such
tax
to
be
withheld
by
the
buyer
of
the
property
and
remised
to
BIR.
The
withholding
tax
is
creditable
against
the
income
tax
of
the
seller.
– The
6%
capital
gains
tax
on
the
transacBon
is
not
applicable
thereon.
SALE
OF
SHARES
OF
DOMESTIC
CORPORATION
• Seller
is
a
dealer
in
securi5es
– Dealer
in
securiBes
is
a
person
regularly
engaged
in
the
buy
and
sale
of
securiBes
for
his
own
account.
He
sells
property
and
looks
at
profits
from
sale
of
shares
or
securiBes.
A
stockbroker
is
a
middleman
between
the
seller
and
buyer
of
stocks
or
securiBes.
He
is
a
seller
of
services
and
his
income
is
commission.
– Shares
are
ordinary
assets
of
seller;
selling
price
less
cost
or
adjusted
basis
equals
gain;
gain
from
sale
is
subject
to
global
tax
system
of
income
taxaBon.
– TransacBon
involving
listed
shares
traded
in
local
stock
exchange
is
covered
by
Sec
127(A),
NIRC
(stock
transacBon
tax),
but
exempt
from
income
tax.
SHARES
OF
DOMESTIC
CORPORATION
• Seller
is
an
investor
who
is
not
a
dealer
in
securi5es
– If
shares
are
listed
and
traded
in
a
local
stock
exchange,
apply
½
of
1%
stock
transacBon
tax
on
gross
selling
price
or
gross
value
in
money.
Sale
is
exempt
from
income
tax.
– If
shares
are
listed
but
not
traded
in
a
local
stock
exchange
(or
over-‐the-‐counter),
or
the
shares
are
unlisted,
the
net
capital
gain
(selling
price
less
cost
or
adjusted
basis),
if
any,
is
subject
to
the
capital
gains
tax
computed
as
follows:
• 5%
on
first
P100,000
net
capital
gain;
and
• 10%
on
any
amount
in
excess
of
P100,000
SHARES
OF
DOMESTIC
CORPORATION
– CGT
return
is
filed
within
30
days
from
date
of
sale.
Every
sale
must
be
covered
by
a
separate
CGT
return
and
the
tax
paid
upon
filing
of
the
return.
– All
transacBons
during
the
year
are
consolidated
and
the
annual
return
shall
be
filed
not
later
than
April
15
of
the
following
year,
but
only
one
P100,000
is
subject
to
5%
and
the
balance
of
net
capital
gain
for
the
year
is
subject
to
10%.
– Net
capital
gain
=
Total
capital
gains
from
sales
of
shares
of
domesBc
corporaBon
during
the
year
less
total
capital
losses
during
the
same
year.
RR
6-‐2013,
Apr
11,
2013
• SEC
7
of
RR
6-‐2008
is
amended
as
follows:
– Sec.
7
covers
sale
or
exchange
of
shares
(of
domesBc
corporaBon)
not
traded
thru
a
local
stock
exchange
– FMV
–
Fair
market
value
of
shares
of
stock
sold
shall
be
the
value
at
the
Bme
of
sale.
In
determining
value
of
the
shares,
the
Adjusted
Net
Asset
Method
shall
be
used,
whereby
all
assets
and
liabiliBes
are
adjusted
to
fair
market
values.
The
net
of
adjusted
asset
minus
the
liability
values
is
the
indicated
value
of
the
equity.
For
purposes
of
this
secBon,
the
appraised
value
of
real
property
at
the
Bme
of
sale
shall
be
the
higher
of
(1)
FMV
as
determined
by
CIR;
or
(2)
FMV
as
shown
in
the
schedule
of
values
fixed
by
Provincial/City
Assessor;
or
(3)
FMV
as
determined
by
independent
Appraiser.
– RR
shall
take
effect
immediately.
OTHER
CAPITAL
ASSETS
• INDIVIDUAL
– If
capital
asset
is
long-‐term
(holding
period
is
over
12
months),
only
50%
of
gain
is
subject
to
income
tax,
using
the
global
tax
system.
– If
gain
is
short-‐term,
100%
of
gain
is
subject
to
income
tax
under
the
global
tax
system.
• CORPORATION
– Regardless
of
holding
period,
the
enBre
gain
or
loss
is
taxable
or
deducBble.
INTEREST
INCOME
• TYPES
OF
INTEREST
INCOME
– Subject
to
FWT:
Interest
income
on
bank
deposits,
deposit
subsBtutes,
trust
and
other
similar
arrangements
• 20%
FWT
–
peso
deposit
with
bank
• 7.5%
FWT
–
foreign
currency
deposit
with
OBU/FCDU
– NOT
subject
to
FWT
but
subject
to
global
tax
system:
All
other
interest
income
or
financing
income
not
covered
above
– Exempt
income:
• Long-‐term
deposit
or
investment
(5
years
or
more)
by
individuals
in
the
form
of
trust
funds,
deposit
subsBtutes,
IMA
and
other
investments
prescribed
by
BSP
– Taxable
income:
• PreferenBal
tax
rate
–
Pre-‐terminaBon
of
long-‐term
deposit
by
individual
:
20%,
1-‐
less
than
3
yrs;
12%:
3
yrs-‐less
than
4
yrs;
5%:
4
yrs-‐less
than
5
yrs);
and
interest
on
foreign
loan
(20%)
• Regular
tax
rate
–
All
other
cases;
subject
to
20%
CWT.
TAX
ON
OBU/FCDU
• Final
tax
on
interest
income
from
loans
to
resident
borrower
is
a
direct
liability
of
FCDU
• Failure
of
local
borrower
to
withhold
and
remit
the
final
withholding
tax
does
not
exempt
OBU/FCDU
on
onshore
interest
income
(ING
Bank
v
CIR,
2005).
• The
withholding
agent-‐borrower
may
also
be
assessed
deficiency
withholding
tax
as
penalty
for
failure
to
withhold
(RCBC
v.
CIR,
CTA
Case
2004).
DIVIDEND
INCOME
• REQUISITES
FOR
DIVIDEND
DECLARATION
– Presence
of
posiBve
retained
earnings
– No
prohibiBon
to
declare
dividend
in
loan
agreement
– DeclaraBon
of
dividend
by
Board
of
Directors
• SC
ruled
that
the
beneficiaries
of
the
Fund
are
the
DBP
officials
and
employees
who
will
reBre.
It
is
not
always
necessary
that
the
beneficiaries
should
be
named
or
even
be
in
existence
at
the
Bme
the
trust
is
created
in
his
favor,
provided
they
are
sufficiently
certain
or
idenBfiable.
• The
Salary
Loan
Program
did
not
terminate
the
trust
to
the
Fund’s
trustee.
That
the
DBP
Board
of
Directors
confirms
the
approval
of
the
SLP
by
the
Fund’s
trustees
does
not
make
the
fund
property
of
DBP
(DBP
v.
COA,
2004).
RMC
39-‐2014,
May
12,
2014
• RMC
39-‐2014
clarifies
the
tax
treatment
of
payouts
by
employee
pension
plans
– Sec
60(A),
NIRC
subjects
income
of
any
kind
of
property
held
in
trust
to
income
tax.
– Sec
60(B),
NIRC
exempts
from
income
tax
an
employee’s
trust
which
forms
part
of
a
pension,
stock
bonus
or
profit-‐
sharing
plan
of
an
employer
for
the
benefit
of
some
or
all
of
the
employees.
However,
any
amount
actually
distributed
to
employee
to
the
extent
it
exceeds
the
amount
contributed
by
such
employee
shall
be
subject
to
income
tax.
– Payments
of
reBrement
benefits
under
Sec
32(B)(6)(a),
NIRC
are
exempt
from
income
tax.
RMC
39-‐2014,
May
12,
2014
• Non-‐contributory
pension
plan
– If
employees
who
do
not
contribute
to
the
provident
fund
receive
dividends
from
en
employee
pension
fund,
the
same
is
subject
to
income
tax.
– If
employee
resigns
from
an
employer,
and
he
receives
benefits
from
the
provident
fund
maintained
by
it
that
does
not
qualify
as
tax-‐exempt,
the
enBre
amount
received
by
him
is
subject
to
income
tax.
• Contributory
pension
plan
– Dividend
distributed
to
employees
is
subject
to
income
tax
in
the
year
so
distributed.
– Benefits
received
by
a
resigning
employee
is
exempt
only
to
the
extent
of
his
contribuBon
to
the
pension
fund.
DE
MINIMIS
BENEFITS
• EXEMPT
DE
MINIMIS
BENEFITS,
REGARDLESS
OF
RECIPIENT
(RANK
AND
FILE,
OR
MANAGERIAL
OR
SUPERVISORY)
•
a.
MoneBzed
unused
vacaBon
leave
credits
of
private
employees
not
exceeding
ten
(10)
days
during
the
year
and
the
moneBzed
value
of
leave
credits
paid
to
government
officials
and
employees;
•
b.
Medical
cash
allowance
to
dependents
of
employees
not
exceeding
P750.00
per
employee
per
semester
or
P125
per
month;
•
c.
Rice
subsidy
of
P1,500.00
or
one
(1)
sack
of
50-‐kg
rice
per
month
amounBng
to
not
more
than
P1,500.00;
•
d.
Uniforms
and
clothing
allowance
not
exceeding
P4,000.00
per
annum;
•
e.
Actual
yearly
medical
benefits
not
exceeding
P10,000.00
per
annum;
•
f.
Laundry
allowance
not
exceeding
P300.00
per
month;
•
DE
MINIMIS
BENEFITS
•
g.
Employees
achievement
awards
(e.g.,
for
length
of
service
or
safety
achievement,
which
must
be
in
the
form
of
a
tangible
personal
property
other
than
cash
or
gix
cerBficate,
with
an
annual
monetary
value
not
exceeding
P10,000.00
received
by
the
employee
under
an
established
wrisen
plan
which
does
not
discriminate
in
favor
of
highly
paid
employees;
•
h.
Gixs
given
during
Christmas
and
major
anniversary
celebraBons
not
exceeding
P5,000.00
per
employee
per
annum;
•
i.
Flowers,
fruits,
books,
or
similar
items
given
to
employees
under
special
circumstances
(e.g.,
on
account
of
illness,
marriage,
birth
of
a
baby,
etc.);
and
•
j.
Daily
meal
allowance
for
overBme
work
not
exceeding
twenty-‐five
percent
(25%)
of
the
basic
minimum
wage.
•
The
amount
of
“de
minimis”
benefits
conforming
to
the
ceiling
herein
prescribed
shall
not
be
considered
in
determining
the
P30,000.00
ceiling
of
“other
benefits”
provided
under
Sec.
32(b)(7)(e)
of
the
Tax
Code.
However,
if
the
employer
pays
more
than
the
ceiling
prescribed
by
these
regulaBons,
the
excess
shall
be
taxable
to
the
employee
receiving
the
benefits
only
if
such
excess
is
beyond
the
P30,000.00
ceiling.
Any
amount
given
by
the
employer
as
benefits
to
its
employees,
whether
classified
as
de
minimis
benefits
or
fringe
benefits,
shall
consBtute
as
deducBble
expense
upon
such
employer.
INCOME
FROM
PROPERTY
OF
EXEMPT
ASSOCIATION
• The
phrase
“any
of
their
acSviSes
conducted
for
profit”
does
not
qualify
the
word
“properSes.”-‐-‐
The
phrase
“any
of
their
acBviBes
conducted
for
profit”
does
not
qualify
the
word
“properBes.”
This
makes
income
from
the
property
of
the
organizaBon
taxable,
regardless
of
how
that
income
is
used
–
whether
for
profit
or
for
loxy
non-‐profit
purposes.
Thus,
the
income
derived
from
rentals
of
real
property
owned
by
the
Young
Men’s
ChrisBan
AssociaBon
of
the
Philippines,
Inc.
(YMCA),
established
as
a
welfare,
educaBon
and
charitable
non-‐profit
corporaBon,
is
subject
to
income
tax.
The
rental
income
cannot
be
exempted
on
the
solitary
but
unconvincing
ground
that
said
income
is
not
collected
for
profit
but
is
merely
incidental
to
its
operaBon.
The
law
does
not
make
a
disBncBon.
Where
the
law
does
not
disBnguish,
neither
should
we
disBnguish.
Because
taxes
are
the
lifeblood
of
the
naBon,
the
Court
has
always
applied
the
doctrine
of
strict
interpretaBon
in
construing
tax
exempBons.
YMCA
is
exempt
from
the
payment
of
property
taxes
only
but
not
income
taxes
because
it
is
not
an
educaBonal
insBtuBon
devoBng
its
income
solely
for
educaBonal
purposes.
The
term
“educaBonal
insBtuBon”
has
acquired
a
well-‐known
technical
meaning.
Under
the
EducaBon
Act
of
1982,
such
term
refers
to
schools.
The
school
system
is
synonymous
with
formal
educaBon
which
“refers
to
the
hierarchically
structured
and
chronologically
graded
learnings
organized
and
provided
by
the
formal
school
system
and
for
which
cerBficaBon
is
required
in
order
for
the
learner
to
progress
through
the
grades
or
move
to
higher
levels
(Commissioner
vs.
Court
of
Appeals
and
YMCA
of
the
Phils.,
G.R.
No.
124043,
Oct.
14,
1998).
INCOME
FROM
ACTIVITY
FOR
PROFIT
OF
NON-‐
STOCK
HOSPITAL
• To
be
exempt
from
income
tax,
Sec
30(e),
NIRC
requires
that
a
charitable
insBtuBon
be
“organized
and
operated
exclusively”
for
charitable
purposes.
Due
to
huge
amount
received
from
paying
paBents,
hospital
is
not
operated
exclusively
for
charitable
purposes.
• The
last
paragraph
of
Sec
30,
NIRC
provides
that
if
a
tax-‐exempt
charitable
insBtuBon
conducts
any
acBvity
for
profit,
regardless
of
the
disposiBon
made
of
such
income,
such
acBvity
is
not
tax
exempt
(even
as
its
not-‐for-‐profit
acBviBes
remain
exempt
from
income
tax).
Such
taxable
net
income
is
taxed
at
10%
pursuant
to
Sec.
27(B),
NIRC.
• However,
in
view
of
the
BIR
ruling
in
1990
staBng
that
St
Luke’s
Hospital
is
exempt
from
income
tax,
no
surcharge
and
interest
shall
be
imposed
on
the
deficiency
tax
(CIR
v.
St
Lukes
Med
Center,
Sept
2012).
RMC
51-‐2014,
June
11,
2014
• RMC
51-‐2014
clarifies
the
inurement
prohibi5on
under
Sec
30,
NIRC
– Sec
30
enumerates
the
non-‐stock,
non-‐profit
corporaBons
or
associaBons
exempt
from
income
tax
on
income
received
by
them
as
such.
– “Non-‐stock”
means
no
part
of
its
income
is
distributable
as
dividends
to
its
members,
trustees,
or
officers
and
that
any
profit
obtained
as
an
incident
to
its
operaBons
shall,
whenever
necessary
or
proper,
be
used
for
the
furtherance
of
the
purpose(s)
for
which
the
corporaBon
was
organized.
– “Non-‐profit”
means
that
no
income
or
asset
accrues
to
or
benefits
any
member
or
specific
person,
with
all
the
net
income
or
asset
devoted
to
the
insBtuBon’s
purposes
and
all
its
acBviBes
conducted
not
for
profit.
RMC
51-‐2014,
June
11,
2014
– To
qualify
as
a
tax-‐exempt
enBty,
its
earnings
or
assets
shall
not
inure
to
the
benefit
of
any
of
its
trustees,
organizers,
officers,
members
or
specific
person.
The
following
are
considered
“inurements”
of
such
nature:
• Payment
of
compensaBon,
salaries
or
honorarium
to
its
trustees
or
organizers;
• Payment
of
exorbitant
or
unreasonable
compensaBon
to
its
employees;
• Provision
of
welfare
aid
and
financial
assistance
to
its
members.
An
organizaBon
is
not
exempt
if
its
principal
acBvity
is
to
receive
and
manage
funds
associated
with
savings
or
investment
programs,
including
pension
or
reBrement
programs.
This
does
not
cover
a
society,
order,
associaBon
or
non-‐stock
corporaBon
under
Sec
30©,
NIRC
providing
for
payment
of
life,
sickness,
accident
and
other
benefits
exclusively
for
its
members
or
their
dependents.
RMC
51-‐2014,
June
11,
2014
• DonaBon
to
any
person
or
enBty
(except
donaBons
made
to
other
enBBes
formed
for
the
purpose(s)
similar
to
its
own);
• Purchase
of
goods
or
services
for
amounts
in
excess
of
FMV
of
such
goods
or
services
from
an
enBty
in
which
one
or
more
of
its
trustees,
officers
or
fiduciaries
has
an
interest;
and
• When
upon
dissoluBon
and
saBsfacBon
of
all
liabiliBes,
its
remaining
assets
are
distributed
to
its
trustees,
organizers,
officers
or
members.
Its
assets
must
be
dedicated
to
its
exempt
purpose(s).
Its
consBtuBve
document
must
expressly
provide
that
in
the
event
of
dissoluBon,
its
assets
shall
be
distributed
to
one
or
more
enBBes
formed
for
the
purposes
similar
to
its
own
or
to
the
Phil
government
for
public
purpose.
CIR
v.
Insular
Life
Assurance
Co.
Ltd,
G.R.
197192,
June
4,
2014
• The
1997
Tax
Code
does
n
ot
require
registraBon
with
the
CDA.
No
tax
provision
requires
a
mutual
life
insurance
company
to
register
with
that
agency
in
order
to
enjoy
exempBon
from
both
the
percentage
tax
and
DST.
• Although
RMC
48-‐91
requires
the
submission
of
the
Cert
of
RegistraBon
with
the
CDA
before
issuance
of
the
tax
exempBon
cerBficate,
that
provision
cannot
prevail
over
the
clear
absence
of
an
equivalent
requirement
under
the
Tax
Code.
• The
provisions
of
the
CooperaBve
Code
of
the
Phil
do
not
apply
to
mutual
life
insurance
companies.
CIR
v.
Insular
Life
Assurance
Co.
Ltd,
G.R.
197192,
June
4,
2014
•
Graaa
argumena
that
registraBon
is
mandatory,
it
cannot
deprive
respondent
of
its
tax
exempBon
privilege
merely
because
it
failed
to
register.
• The
Insurance
Code
does
not
require
registraBon
of
mutual
life
insurance
companies
with
the
CDA.
• While
administraBve
agencies
like
the
BIR
may
issue
regulaBons
to
implement
statutes,
they
are
without
authority
to
limit
the
scope
of
the
statutes
to
less
than
what
it
provides,
or
to
extend
or
expand
the
statute
beyond
its
terms,
or
in
any
other
way
modify
explicit
provisions
of
the
law.
Indeed,
a
judicial
body
or
an
administraBve
agency
for
that
maser
cannot
amend
an
Act
of
Congress.
In
case
of
discrepancy
between
the
basic
law
and
an
interpretaBve
or
administraBve
ruling
the
basic
law
prevails.
DEDUCTIONS
• KINDS
OF
DEDUCTIONS
– Itemized
DeducBons
– OpBonal
Standard
DeducBons
– Special
DeducBons
• ITEMIZED
DEDUCTIONS
– Business
expenses,
incl.
research
and
development
– Interests
– Taxes
– Losses
– Bad
debts
– DepreciaBon
– DepleBon
– Charitable
contribuBons
– ContribuBons
to
pension
trust
– Health
or
hospitalizaBon
premium
DEDUCTIONS
• BUSINESS
EXPENSES
• 1.
The
expense
must
be
ordinary
and
necessary;
• 2.
Paid
or
incurred
during
the
taxable
year;
• 3.
In
carrying
on
or
which
are
directly
asributable
to
the
develop-‐
•
ment,
management,
operaBon
and/or
conduct
of
the
trade,
•
business
or
exercise
of
profession;
• 4.
Supported
by
adequate
invoices
or
receipts;
• 5.
Not
contrary
to
law,
public
policy
or
morals.
OperaBng
expenses
•
of
an
illegal
or
quesBonable
business
are
deducBble,
but
•
expenses
of
an
inherently
illegal
nature,
such
as
bribery
and
•
protecBon
payments,
are
not.
• 6.
The
tax
required
to
be
withheld
on
the
amount
paid
or
payable
is
•
shown
to
have
been
paid
to
the
BIR.
•
DEDUCTIONS
• An
expense
is
“ordinary”
when
it
connotes
a
payment,
which
is
normal
in
relaBon
to
the
business
of
the
taxpayer
and
the
surrounding
circumstances.
• An
expense
is
“necessary”
where
the
expenditure
is
appropriate
or
helpful
in
the
development
of
taxpayer’s
business
or
that
the
same
is
proper
for
the
purpose
of
realizing
a
profit
or
minimizing
a
loss.
• P9.4
M
paid
in
1985
for
adverBsing
a
product
was
staggering
incurred
to
“create
or
maintain
some
form
of
goodwill
for
the
taxpayer’s
trade
or
business
or
for
the
industry
or
profession
of
which
the
taxpayer
is
a
member.”
• “Goodwill”
generally
denotes
the
benefit
arising
from
connecBon
and
reputaBon,
and
efforts
to
establish
reputaBon
are
akin
to
acquisiBon
of
capital
assets.
Therefore,
expenses
related
thereto
are
not
business
expenses
but
capital
expenditures
(CIR
vs.
General
Foods
Phi.,
GR
No.
143672,
Apr.
24,
2003).
DEDUCTIONS
• TEST
OF
REASONABLENESS
OF
BONUS
• There
is
no
fixed
test
for
determining
the
reasonableness
of
a
given
bonus
as
compensa5on.
This
depends
upon
many
factors,
one
of
them
being
the
amount
and
quality
of
the
services
performed
with
relaBon
to
the
business.
• Other
tests
suggested
are
payment
must
be
made
in
good
faith,
the
character
of
the
taxpayer’s
business,
the
volume
and
amount
of
its
net
earnings,
its
locality,
the
type
and
extent
of
the
services
rendered,
the
salary
policy
of
the
corporaBon,
the
size
of
the
parBcular
business,
the
employee’s
qualificaBons
and
contribuBons
to
the
business
venture,
and
general
economic
condiBons.
• However,
in
determining
whether
the
parBcular
salary
or
compensaBon
payment
is
reasonable,
the
situaBon
must
be
considered
as
a
whole.
Ordinarily,
no
single
factor
is
decisive
(C.M.
Hoskins
&
Co.,
Inc.
vs.
Commissioner,
L-‐24059,
Nov.
28,
1969;
Pacific
Banking
Corp.
vs.
Commissioner,
CTA
Case
1667,
Oct
29,
1970).
• Bonuses
that
are
“out-‐and-‐out
gixs,”
are
graBtude
and
are
not
deducBble.
DEDUCTIONS
• Legal
and
accountant’s
fees
for
prior
years
were
not
billed
in
corresponding
years
(1984-‐1985).
It
was
paid
by
taxpayer
in
succeeding
year
(1986)
when
it
was
billed
by
the
lawyer
and
accountant.
Taxpayers
uses
accrual
method
of
accounBng.
• Accrual
of
income
and
expense
is
permised
when
the
“all
events
test”
has
been
met.
This
test
requires
(1)
fixing
a
right
to
income
or
liability
to
pay,
and
(2)
the
availability
of
reasonably
accurate
determinaBon
of
such
income
or
liability.
It
does
not,
however,
demand
that
the
amount
of
income
or
liability
be
known
absolutely;
it
only
requires
that
a
taxpayer
has
at
its
disposal
the
informaBon
necessary
to
compute
the
amount
with
reasonable
accuracy,
which
implies
something
less
than
an
exact
or
completely
accurate
amount.
• Moreover,
deducBon
takes
the
nature
of
tax
exempBon;
it
must
be
construed
strictly
against
the
taxpayer
(Commissioner
vs.
Isabela
Cultural
Corporaaon,
G.R.
No.
172231,
Feb.
12,
2007).
DEDUCTIONS
• Entertainment,
amusement
and
recreaBon
expenses
are
subject
to
limitaBon
– ½%
of
net
sales
for
sellers
of
goods
– 1%
of
net
sales
for
sellers
of
services
• Club
dues
for
membership
in
social
or
athleBc
clubs
to
promote
business
of
corporaBon
paid
by
the
corporaBon
are
deducBble
from
gross
income.
However,
they
will
be
treated
as
fringe
benefits
subject
to
FBT
on
the
part
of
the
employer.
FBT
paid
by
employer
is
deducBble
as
business
expense
of
the
corporaBon.
• Rental
expenses
include
leasehold
acquired
for
business
purposes
and
cost
of
improvements
introduced
by
lessee
to
be
allocated
over
the
term
of
the
lease.
Realty
taxes
paid
by
lessee
for
business
property
is
part
of
rental
expenses.
DEDUCTIONS
• Director’s
Fees
– If
not
officer
or
employee
of
corporaBon,
report
it
as
other
income
subject
to
10%
EWT.
– If
director
is
also
an
officer
of
the
corporaBon,
apply
CWT
on
compensaBon
income
upon
the
director’s
fees,
together
with
salaries.
• Commission
Income
– If
there
is
no
employer-‐employee
relaBonship
between
broker
and
payor
of
income,
treat
it
as
business
income
subject
to
10/15%
EWT.
– If
there
is
employer-‐employee
relaBonship,
commission
income
is
treated
as
part
of
CWT
on
compensaBon
income.
RR
12-‐2013,
July
12,
2013
• Sec.
2.58.5,
RR
2-‐98,
as
amended
by
RR
12-‐2013:
– Any
income
payment
which
is
otherwise
deducBble
under
the
Tax
Code
shall
be
allowed
as
a
deducBon
from
the
payor’s
gross
income
only
if
it
is
shown
that
the
income
tax
required
to
be
withheld
has
been
paid
to
the
Bureau
in
acc
with
Secs.
57
and
58
of
the
Code.
– No
deducBon
will
also
be
allowed
notwithstanding
payments
of
withholding
tax
at
the
Bme
of
the
audit
invesBgaBon
or
reinvesBgaBon/reconsideraBon
in
cases
where
no
withholding
of
tax
was
made
in
acc
with
Secs
57
and
58
of
the
Code.
RMC
63-‐2013,
Sept
26,
2013
• 1.
There
must
be
an
exisBng
indebtedness
due
to
the
taxpayer
•
which
must
be
valid
and
legally
demandable;
• 2.
The
same
must
be
connected
with
the
taxpayer's
trade,
business
•
or
pracBce
of
profession;
• 3.
The
same
must
not
be
sustained
in
a
transacBon
entered
into
•
between
related
parBes
enumerated
under
Sec.
36(B)
of
the
Tax
•
Code
of
1997;
• 4.
The
same
must
be
actually
charged
off
the
books
of
accounts
of
•
the
taxpayer
as
of
the
end
of
the
taxable
year;
and
• 5.
The
same
must
be
actually
ascertained
to
be
worthless
and
•
uncollecBble
as
of
the
end
of
the
taxable
year.
DEDUCTIONS
• In
the
case
of
banks,
the
BSP
thru
the
Monetary
Board
shall
ascertain
the
worthlessness
and
uncollecBbility
of
the
bad
debts
and
approve
in
wriBng
the
wriBng
off
of
bad
debts
from
the
books,
without
prejudice
to
the
CIR’s
determi-‐naBon
of
the
worthless
and
uncollecBbility
of
debts.
• In
no
case
shall
a
receivable
from
an
insurance
or
surety
company
be
wrisen
off
from
taxpayer’s
books
and
claimed
as
bad
debt
deducBon,
unless
such
company
has
been
declared
closed
due
to
insolvency
or
for
any
similar
reason
by
the
Insurance
Commission.
DEDUCTIONS
• TAX
BENEFIT
RULE
– The
taxpayer
is
obliged
to
declare
as
taxable
income
any
subsequent
recovery
of
bad
debts
in
the
year
they
were
collected
to
the
extent
of
the
tax
benefit
enjoyed
by
the
taxpayer
when
the
bad
debts
were
wrisen
off
and
claimed
as
deducBon
from
gross
income.
– It
also
applies
to
taxes
previously
deducted
from
gross
income
but
which
were
subsequently
refunded
or
credited
by
the
BIR.
He
has
to
report
income
to
the
extent
of
the
tax
benefit
derived
in
the
year
of
deducBon.
DEDUCTIONS
• DEPRECIATION
• 1.
The
charitable
contribuBon
must
actually
be
paid
or
made
to
the
Philippine
government
or
any
poliBcal
subdivision
thereof
exclusively
for
public
purposes,
or
any
of
the
accredited
domesBc
corporaBon
or
associaBon
specified
in
the
Tax
Code;
• 2.
It
must
be
made
within
the
taxable
year;
• 3.
It
must
not
exceed
10%
(individual)
or
5%
(corporaBon)
of
the
taxpayer’s
taxable
income
before
charitable
contribuBons
(whether
deducBble
in
full
or
subject
to
limitaBon);
• 4.
It
must
be
evidenced
by
adequate
receipts
or
records;
and
• 5.
The
amount
of
charitable
contribuBon
of
property
other
than
money
shall
be
based
on
the
acquisiBon
cost
of
said
property
(Sec.
34(H),
NIRC).
The
limitaBon
is
imposed
to
prevent
abuse
of
donaBng
painBngs
and
other
valuable
properBes
and
claiming
excessive
deducBons
therefrom.
DEDUCTIONS
• D.
Op5onal
Standard
Deduc5on
• Privilege
is
available
only
to
ciBzens
or
resident
aliens
as
well
corporaBons
subject
to
the
regular
corporate
income
tax;
thus,
non-‐resident
aliens
and
non-‐resident
foreign
corporaBons
are
not
enBtled
to
claim
the
opBonal
standard
deducBon.
• Standard
deducBon
is
opBonal;
i.e.,
unless
taxpayer
signifies
in
his/its
return
his/its
intenBon
to
elect
this
deducBon,
he/it
is
considered
as
having
availed
of
the
itemized
deducBons;
• Such
elecBon
when
made
by
the
qualified
taxpayer
is
irrevocable
for
the
year
in
which
made;
however,
he
can
change
to
itemized
deducBons
in
succeeding
year(s);
DEDUCTIONS
• Amount
of
standard
deducBon
is
limited
to
40%
of
taxpayer’s
gross
sales
or
receipts
(in
the
case
of
an
individual)
or
gross
income
(in
the
case
of
a
corporaBon).
If
the
individual
is
on
the
accrual
basis
of
accounBng
for
his
income
and
deducBons,
OSD
shall
be
based
on
the
gross
sales
during
the
year.
If
he
employs
the
cash
basis
of
accounBng,
OSD
shall
be
based
on
his
gross
receipts
during
the
year.
It
should
be
noted
that
cost
of
sales
or
cost
of
services
shall
not
be
allowed
to
be
deducted
from
gross
sales
or
receipts.
• A
general
professional
partnership
(GPP)
may
claim
either
the
itemized
deducBons
or
in
lieu
thereof,
the
OSD
allowed
to
corporaBons
in
claiming
the
deducBons
in
an
amount
not
exceeding
40%
of
its
gross
income.
The
net
income
determined
by
either
the
itemized
deducBon
or
OSD
from
the
GPP’s
gross
income
is
the
distributable
net
income
from
which
the
share
of
each
share
is
to
be
ascertained.
• Proof
of
actual
expenses
is
not
required;
hence,
he
is
not
also
required
to
keep
books
of
accounts
and
records
with
respect
to
his
deducBons
during
the
year.
•
DEDUCTIONS
• NON-‐DEDUCTIBLE
ITEMS
• ComputaBon
of
the
quarterly
and
annual
tax
returns
of
individuals
(except
those
receiving
purely
compensaBon
income)
and
corporaBons
shall
be
made
on
the
cumulaSve
basis;
i.e.,
gross
income
and
deducBons
are
consolidated
and
the
income
tax
liability
is
computed
on
the
consolidated
net
income,
and
the
income
taxes
paid
for
the
preceding
quarter(s)
are
credited
against
the
consolidated
income
tax
due.
•
WITHHOLDING
TAX
• An
income
payment
is
subject
to
the
expanded
withholding
tax,
if
the
following
condiBons
concur:
• a.
An
expense
is
paid
or
payable
by
the
taxpayer,
which
is
income
to
the
recipient
thereof
subject
to
income
tax;
• b.
The
income
is
one
of
the
income
payments
listed
in
the
regulaBons
that
is
subject
to
withholding
tax,
unless
the
corporaBon
is
designated
as
Top
20,000
CorporaBon
or
Top
5,000
Individual;
and
• c.
The
income
recipient
and
the
payor-‐withholding
agent
are
residents
of
the
Philippines.
WITHHOLDING
TAX
• EXEMPT
FROM
EWT
• 1.
NaBonal
government
and
its
instrumentaliBes,
including
provincial,
city
or
municipal
governments
and
barangays,
except
government-‐owned
or
controlled
corporaBons;
• 2.
Persons
enjoying
exempBon
from
payment
of
income
taxes
pursuant
to
the
provisions
of
any
law,
general
or
special,
such
as
but
not
limited
to
the
following:
• a.
Sales
of
real
property
by
a
corporaBon
which
is
registered
with
and
cerBfied
by
HLURB
or
HUDCC
as
engaged
in
socialized
housing
project
where
the
selling
price
of
the
house
and
lot
or
only
the
lot
does
not
exceed
P180,000
in
Metro
Manila
and
other
highly
urbanized
areas
and
P150,000
in
other
areas;
• b.
CorporaBons
registered
with
the
BOI,
PEZA,
and
SBMA,
enjoying
exempBon
from
income
tax
under
E.O.
226,
R.A.
7916,
and
R.A.
7227;
• c.
CorporaBons
which
are
exempt
from
income
tax
under
SecBon
30
of
the
Tax
Code,
such
as
GSIS,
SSS,
PHIC,
and
PCSO;
• d.
General
professional
partnerships;
and
• e.
Joint
ventures
or
consorBum
formed
for
the
purpose
of
undertaking
construcBon
projects
or
engaging
in
petroleum,
coal,
geothermal
and
other
energy
operaBons
• f.
InternaBonal
carriers
(by
air
or
water)
subject
to
2.5%
Gross
Phil
Billings
WITHHOLDING
TAX
• 1.
Professional
fees
for
services
rendered
by
individuals,
incl.
real
estate
service
pracBBoners;
and
•
professional
entertainers
and
athletes,
and
directors:
– If
gross
income
for
current
year
exceeds
P720,000
-‐
15%
– If
gross
income
for
current
year
does
not
P720,000
-‐
10%
• 2.
If
recipient
of
professional
fees,
talent
fees,
etc.
is
•
a
juridical
person:
– If
gross
income
for
current
year
exceeds
P720,000
-‐
15%
– If
gross
income
for
current
year
does
not
P720,000
-‐
10%
• 3.
Rental
income
– Real
properBes
-‐
5%
– Personal
properBes
of
P10,000
per
payment;
P10,000
–
shall
not
apply
when
accumulated
rental
to
same
–
lessor
exceeds
or
is
reasonably
expected
to
exceed
–
P10,000
within
a
year
-‐
5%
– Poles,
satellites
and
transmission
faciliBes
-‐
5%
– Billboards
-‐
5%
•
WITHHOLDING
TAX
• 4.
Gross
payments
to
resident
individuals
and
corporate
cine-‐
•
matographic
film
owners,
lessors,
or
distributors
-‐
5%
• 5.
Gross
payments
to
contractors
-‐
2%
• 6.
Income
distribuBon
to
beneficiaries
-‐
15%
• 7.
Income
payments
to
certain
brokers
and
agents
-‐
10%
• 8.
Income
payments
to
partners
of
general
professional
•
partnerships:
•
If
gross
income
for
current
year
exceeds
P720,000
-‐
15%
•
If
otherwise
-‐
10%
• 9.
Professional
fees
paid
to
medical
pracBBoners
– If
gross
income
for
current
year
exceeds
P720,000
-‐
15%
– If
otherwise
-‐
10%
• 10.
Gross
addiBonal
payments
to
government
personnel
from
•
importers,
shipping
and
airline
companies,
or
their
•
agents
-‐
15%
• 11.
One-‐half
of
gross
amounts
paid
by
any
credit
card
•
company
in
the
Philippines
-‐
1%
WITHHOLDING
TAX
• 12.
Income
payments
made
by
any
Top
20,000
Corp
or
Top
•
5,000
Individual:
•
Supplier
of
goods
-‐
1%
•
Supplier
of
services
-‐
2%
• 13.
Income
payments
made
by
government
to
its
local/resident
•
supplier
of
goods
and
services
other
than
those
covered
•
by
other
rates
of
withholding
taxes
•
Supplier
of
goods
-‐
1%
•
Supplier
of
services
-‐
2%
• 14.
Commissions
of
independent
and
exclusive
distributors,
•
and
markeBng
agents
of
companies
-‐
10%
• 15.
Tolling
fees
paid
to
refineries
-‐
5%
• 16.
Payments
made
by
pre-‐need
companies
to
funeral
parlor
-‐
1%
• 17.
Payments
made
to
embalmers
-‐
1%
• 18.
Income
payments
made
to
suppliers
of
agricultural
products
-‐
1%
• 19.
Income
payments
on
purchases
of
minerals,
mineral
pro-‐
•
ducts
and
quarry
resources
-‐
10%
• 20.
MERALCO
refund
to
customers
•
With
acBve
contracts
-‐
25%
•
With
terminated
contracts
-‐
32%
•
REFUND
• Requisites
of
claim
for
refund
are:
– Claim
was
filed
within
2
years
under
Sec.
230,
NIRC;
– Income
upon
which
taxes
were
withheld
were
included
in
the
return
of
the
recipient;
and
– Fact
of
withholding
is
established
by
a
copy
of
statement
(BIR
Form
1743.1)
duly
issued
by
payor
(withholding
agent)
to
payee,
showing
amount
paid
and
amount
of
tax
withheld
(RR
6-‐85).
• CTA
found
above
requisites
were
saBsfied.
Findings
of
facts
of
CTA
are
enBtled
to
great
weight
and
will
not
be
disturbed
on
appeal,
unless
it
is
shown
that
the
lower
court
commised
gross
error
in
the
appreciaBon
of
facts.
• Failure
of
respondent
to
indicate
its
opBon
in
its
annual
ITR
to
avail
itself
of
either
tax
refund
or
tax
credit
is
not
fatal
to
its
claim
for
refund.
– Sec.
76,
NIRC
offers
two
opBons:
refund
or
tax
credit.
The
opBons
are
alternaBve
and
the
choice
of
one
precludes
the
other.
However,
in
Philam
Asset
Mgt
v.
CIR,
this
Court
ruled
that
failure
to
indicate
a
choice
will
not
bar
a
valid
request
for
refund,
should
this
opBon
be
chosen
by
the
taxpayer
later
on.
The
requirement
is
only
for
the
purpose
of
easing
tax
administraBon,
parBcularly
the
self-‐assessment
and
collecBon
aspects.
REFUND
• Tax
refunds
or
credits
are
not
founded
principally
on
legislaBve
grace
but
on
the
legal
principle
which
underlies
all
quasi-‐contracts,
abhorring
a
person’s
unjust
enrichment
at
the
expense
of
another.
The
dynamic
of
erroneous
payment
of
tax
fits
to
a
tee
the
prototypic
quasi-‐contract,
which
covers
not
only
mistake
in
fact
but
also
mistake
in
law.
• The
government
is
not
exempt
from
the
applicaBon
of
soluao
indebia.
Indeed,
the
taxpayer
expects
fair
dealing
from
the
government,
and
the
laser
has
the
duty
to
refund
without
any
unreasonable
delay
what
it
has
erroneously
collected
(CIR
v.
Fortune
Tobacco
Corp,
GR
167274,
July
21,
2008).
REV
REGS
NO.
1-‐2014,
Dec
17,
2013
• The
submission
of
the
prescribed
alphalist
where
the
income
payments
and
taxes
withheld
are
lumped
into
one
single
amount
shall
not
be
allowed.
The
submission
thereof,
including
any
alphalist
that
does
not
conform
with
the
prescribed
format,
thereby
resulBng
to
the
unsuccessful
uploading
into
the
BIR
system,
shall
be
deemed
as
not
received
and
shall
not
qualify
as
a
deducBble
expense
for
income
tax
purposes.
• The
manual
submission
of
alpha
lists
containing
less
than
10
employees/payees
by
withholding
agents
under
BIR
Form
1604CF
and
1604E
shall
be
immediately
disconBnued
beginning
Jan
31,
2014
and
March
1,
2014,
respecBvely,
and
every
year
thereaxer.
• This
regulaBon
shall
take
effect
15
days
axer
publicaBon
in
leading
newspaper
of
general
circulaBon.
REV
REGS
NO.
4-‐2014,
March
20,
2014
• RR
4-‐2014,
Mar
20,
2014
-‐-‐
Prescribes
the
policies
and
guidelines
in
the
monitoring
of
service
fees
of
professionals
– Self-‐employed
professionals
shall
register
and
pay
the
ARF
with
the
RDO/LTDO
having
jurisdicBon.
In
addiBon,
they
shall
submit
an
affidavit
indicaBng
the
rates,
manner
of
billings
and
the
factors
they
consider
in
determining
their
service
fees
upon
registraBon
and
every
year
thereaxer
on
or
before
Jan
31.
– Self-‐employed
professionals
are
obligated
to
register
their
books
of
accounts
and
official
appointment
books
of
their
pracBce
of
profession
before
using
the
same.
The
OAB
shall
contain
only
the
names
of
client
and
date/Bme
of
meeBng.
They
shall
likewise
register
their
invoices
and
receipts
(VAT
or
NV)
before
using
them.
– In
cases
when
no
professional
fees
are
charged
by
professionals,
a
BIR
receipt,
duly
acknowledged
by
the
client,
shall
be
issued
showing
a
discount
of
100%
as
substanBaBon
of
the
“pro-‐bono”
service.
• RMC
32-‐2014,
May
5,
2014
–
Extends
the
period
to
submit
the
required
affidavit
and
official
appointment
books
under
RR
4-‐2014
from
April
6,
2014
to
May
6,
2014,
to
give
ample
Bme
for
all
parBes.
RMC
8-‐2014,
Feb
6,
2014
• RMC
8-‐2014
requires
the
presenta5on
of
Tax
Exemp5on
Cer5ficate
or
Ruling
by
exempt
individuals
and
en55es
– Secs
57-‐59
and
78-‐83,
NIRC
require
certain
items
of
income
to
be
subject
to
withholding
taxes.
However,
certain
persons
are
exempt
from
income
tax
and
consequently,
withholding
taxes.
– Withholding
agents
shall
require
all
taxpayers
claiming
such
exempBon
to
provide
a
copy
of
a
valid,
current
and
subsisBng
tax
exempBon
cerBficate
(TEC)
or
ruling
before
payment
of
the
related
income.
Such
TEC
or
ruling
must
explicitly
recognize
the
grant
of
tax
exempBon
as
well
as
the
corresponding
exempBon
from
imposiBon
of
withholding
tax.
– Failure
of
taxpayer
to
present
such
TEC
or
ruling
shall
subject
him
to
the
payment
of
appropriate
WT
due
on
the
transacBon,
and
failure
of
withholding
agent
to
withhold
shall
cause
the
imposiBon
of
penalBes.
• END
OF
PRESENTATION