QUALIFYING ROUND
EASY ROUND - Question 1
Which of the following statement/s is/are correct?
I. A member of the private sector participating in socialized housing projects is exempt from Capital
Gains Tax (CGT) on the transfer of raw lands used for such projects.
II. The 12% VAT imposed on all sales of goods and services, including those sales to government,
shall be assumed by the Philippine Government or its executing agencies pursuant to the Exchange
of Notes.
III. Input taxes arising from transactions attributable to activities unrelated to the OECF-funded project
shall be allowed or be credited against the output tax on gross receipts from the project.
IV. A person with disability availing promotional fares for domestic air travel today shall be entitled to
20% discount and VAT exemption.
ANSWER: I and II
Reference:
I and II are correct pursuant to BIR Ruling No. 414-16 and RMC No. 08-17, respectively.
III is wrong since RMC No. 08-17 specifically provides that in no case shall input taxes arising from
transactions attributable to activities unrelated to the OECF-funded project shall be allowed or be
credited against the output tax on gross receipts from the project.
Pursuant to RMC No. 135-2016 as implemented by Republic Act No. 10754, Section 12 of Rule IV
provides that in the purchase of goods and services which are on promotional discount, persons with
disability can avail of the offered discount or the 20% discount provided herein, whichever is higher and
more favorable.
Assuming ATM Company sold to MSG Company food products worth PhP 133,190.50 per month and issued
sales invoice for the same amount. On settlement date (which happens at the end of each month), MSG
Company paid PhP 111,690.50 only (net of PhP 21,500.00 service fees pursuant to the said agreement).
In the above transaction, how much will MSG Company report in BIR Form No. 2550Q?
Reference:
It was emphasized in RMC No. 61-2016 that in all cases, the principle of "substance over form"
shall apply in delineating a transaction, hence, service fee disguised as discounts shall be
considered as revenue on the part of payor of the income payment notwithstanding the "netting"
arrangement or agreement between the payor and the payee. Hence, for VAT purposes, the entire
consideration of the sale of food products supported by a sales invoice shall be reported in the
month such invoice was issued.
Note further that RMC No. 127-16 lifted the suspension of RMC No. 61-2016.
EASY ROUND - Question 3
I. Income payments made to GPPs for its professional services are not subject to income tax and,
consequently, to withholding tax.
II. Income payments to companies which sustained net operating losses during the immediately preceding
three tax years are not exempt from EWT.
III. The obligation of the payor to deduct and withhold the tax arises at the time an income payment is paid.
IV. The obligation to withhold is imposed upon the buyer-payor of income although the burden of tax is
really upon the seller-income earner, hence, unjustifiable refusal of the latter to be subjected to
withholding shall be a ground for the mandatory audit of his income tax liabilities (including withholding
tax) upon verified complaint of the buyer-payor.
ANSWER: E.
2016:
Gross income PhP240,000
Business expenses 180,000
Capital loss (capital asset was acquired on January 15, 2016 50,000
and was sold on March 15, 2016)
Capital gain (capital asset was acquired on January 15, 2015 30,000
and was sold on March 31, 2016)
2017:
2016 2017
A. PhP 60,000 PhP 140,000
B. 60,000 120,000
C. 10,000 100,000
D. 10,000 90,000
ANSWER: A.
Solution:
2016
Gross income P 240,000
Other income:
Capital gain (P30,000 X 100%) P 30,000
Capital loss (P50,000 X 100%) ( 50,000 )
Net capital loss ( 20,000 ) -
Total gross income 240,000
Less: Business expense ( 180,000 )
Taxable net income P 60,000
2017
Gross income P 500,000
Other income:
Capital gain (P60,000 X 100%) P 60,000
Capital loss (P20,000 X 100%) ( 20,000 )
Net capital gain 40,000
Total gross income 540,000
Less: Business expense ( 400,000 )
Taxable net income P 140,000
EASY ROUND - Question 5
GSM Corporation assigned Mr. Bantigue, one of its employees, in the Makati head office. The Company
provided for the residential house of the manager paying a monthly condominium rental and condominium
dues amounting to PhP 34,000 and PhP 6,000, respectively. In addition, one of the cars which was acquired
by the Company at a cost of PhP 1,228,629 was allowed as service vehicle of Mr. Bantigue. Its book value
during the year amounted to PhP 634,000 with a remaining useful life of 6 years.
Compute for the deductible expense from the gross income of GSM Corporation in CY 2016.
Solution:
Condominium rentals::
Grossed-up monetary value PhP 300,000
Tax Rate 32%
Fringe Benefit Tax PhP 96,000
Fringe Benefit Expense 408,000
Condominium dues:
Grossed-up monetary value PhP 105,882.35
Tax Rate 32%
Fringe Benefit Tax 33,882.35
Fringe Benefit Expense 72,000
Car:
Grossed-up monetary value PhP 180,680.74
Tax Rate 32%
Fringe Benefit Tax 57,817.84
Fringe Benefit Expense 122,862.90
Deductible expense PhP 790,563.09
EASY ROUND - Question 6
Which of the following is/are considered as priority cases of BIR’s issue-based audit/investigation of VAT
liabilities of VAT taxpayers for the taxable quarters of CY 2015 and thereafter?
Reference:
RMO No. 59-2016
Statement I is a mandatory case while Statements IV and V are exceptions.
ANSWER: IV only
Reference:
Sales Discount - may only be deducted from gross sales or receipts within the same month/quarter it
was given provided:
The property was purchased on May 19, 2015 at a cost of PhP270,000. It was mortgaged with a balance of
PhP100,000, which was to be assumed by the buyer. The commission on the sale was PhP30,000.
How much was the returnable capital gain of Ms. Chin in 2016?
Solution:
I. The employee must occupy a managerial position or technical position or actually exercising such
managerial or technical functions pertaining to said position.
II. The employee must have received or is due to receive under a contract of employment, a gross
annual taxable compensation of at least PhP 975,000.
III. The Filipino managerial or technical employee must be working for the ROHQ as a consultant or
contractual personnel.
ANSWER: II only
Reference:
RR No. 11-2010
I. Corporation’s use of its own lumber produced to repair its administrative building
II. Donation of real properties by Company A which is engaged in real estates to a religious
corporation
III. Consignment of goods the actual sale of which is not made within 60 days following the date such
goods were manufactured
IV. Retirement from or cessation of business, with respect to all goods on hand, whether capital goods,
stock-in-trade, supplies or materials as of the date of such retirement or cessation, whether or not
the business is continued by the new owner or successor
ANSWER: II and IV
Reference:
VAT Ruling No. 049-90 - The lumber of your own manufacture and used to repair the Corporation's
administration building is not a "deemed sale" transaction, since the Corporation's use and
consumption thereof is in the course of its business, (i.e., to repair its administration building). Hence,
this is not subject to VAT.
Consignment of goods the actual sale of which is not made within 60 days following the date such
goods were consigned
A. Ow Co., an advertiser shall pay PhP 100,000 to the Denver Co., the media supplier, inclusive of 12%
VAT;
B. Denver Co. is a TV and radio block timer selling TV and radio commercial spot and payments to it are
subject to the 2% creditable withholding tax; and
C. The advertising agency, G Co., will receive a commission of 15% of the advertising contract price,
inclusive of 12% VAT, from the media supplier.
Upon receipt of income payment, Denver Co. issued VAT Official Receipt (OR) to Ow Co.. Meanwhile, G Co.
issued VAT OR to Denver Co. for the amount of commission received. Based on the foregoing, how much is
VAT due from Denver Co. on the particular transaction?
Reference:
RMC No. 63-2012
How much is the VAT payable for the quarter using 12% VAT?
ANSWER: P 120,000
Solution:
Government Private
Output tax P 120,000 P 240,000
Less: Input taxes
Standard input tax ( 70,000) ( - )
Purchases (directly attributed to
private contracts) ( - ) ( 96,000)
Purchases (ratably allocated to
private contracts) ( - ) ( 24,000)
VAT payable P 50,000 P 120,000
Less: Withholding VAT ( 50,000) ( - )
Tax payable P - P 120,000
Collections from foreign clients (P 5,000,000 X 0%) P -
Collections from private clients (P 2,000,000 X 12%) 240,000
Output tax on private client contracts P 240,000
Collections from Government (P 1,000,000 X 12%) P 120,000
Standard input tax (P 1,000,000 X 7%) P 70,000
Withholding VAT (P 1,000,000 X 5%) P 50,000
Input tax on purchases ratably attributed to private
clients contracts(P 2,000,000/P 3,000,000 X P 36,000) P 24,000
Reference:
RR No. 01-2012
Reference:
RMC No. 01-2003 and RR No. 10-08
Assuming that the tax was paid on March 31, 2017, the total amount payable excluding compromise penalty is:
(Use 365 days)
Solution:
I. For the first five (5) years from registration a registered enterprise shall be allowed an additional
deduction from the taxable income of fifty percent (50%) of the wages corresponding to the
increment in the number of direct labor for skilled and unskilled workers if the project meets the
prescribed ratio of capital equipment to number of workers set by the Board.
II. The provision of law to the contrary notwithstanding, exports by a registered enterprise of its non-
traditional export products shall be exempted from any wharfage dues, and any export tax, duty
impost and fee.
III. Registered export-oriented enterprises shall have access to the utilization of the bonded
warehousing system in all areas required by the project subject to such guidelines as may be
issued by the Board upon prior consultation with the Bureau of Customs.
IV. For six (6) years from commercial operation for pioneer firms and four (4) years for non-pioneer
firms, new registered firms shall be fully exempt from income taxes levied by the national
government.
Reference:
Article 39, Title III of Executive Order No. 226
A. None, sale of refined sugar is always exempt from VAT irrespective of the seller and buyer pursuant to
Sec. 109 (A) of the Tax Code, as amended.
B. 12% of PhP 1,000 per 50 kg
C. The VAT due or payable in the recently concluded taxable year
D. 12% of PhP 1,400 per 50 kg
ANSWER: D.
Reference:
RR No. 06-15
References:
Section 2.57.2 (A) of RR 02-1998
RMC No. 34-2008
BIR Ruling (DA-499-06) dated 15 August 2006
RMC No. 72-2004
How much would be the total basic and additional community taxes in the current year?
Solution:
How much is the total amount due excluding suggested compromise for late filing and late payment of the tax?
Solution:
I. VAT payment or payable, whichever is higher, of at least PhP100,000 for the current year
II. Annual income tax due of at least PhP200,000 for the current year
III. Classified and duly notified by the Commissioner as a large taxpayer under RR No. 01-98, as
amended
IV. Gross sales of PhP10,000,000 and above for the current year
V. Gross purchases of PhP5,000,000 and above for the current year
Reference:
RR No. 14-2008
I. The aggregate maximum qualified PERA contribution in one calendar year for an unmarried Filipino
citizen is PhP 200,000.
II. The employer can claim the actual amount of its qualified employer’s contribution as a deduction
from its gross income regardless of the amount contributed.
III. The qualified employer’s contribution to its employee’s PERA shall not form part of the employee’s
taxable gross income but shall be subject to either withholding tax on compensation or benefits
should the employer opt to claim its contribution.
IV. In case of early withdrawals not falling under any of the circumstances under Section 10 (B) of RR
No. 17-2011, the Contributor shall pay the withholding tax on compensation/final withholding tax on
fringe benefits due on the qualified employer’s contribution.
Reference:
RR No. 17-2011 and RR No. 10-2016
How much is the tax payable for the entire year assuming the taxpayer uses the more beneficial method of
deduction?
ANSWER: PhP87,100
Solution:
Itemized Deductions
Quarterly Declarations (Returns)
First Q Second Q Third Q
Gross receipts P 600,000 P 400,000 P 280,000
Less: Cost of services ( 100,000) ( 100,000) ( 80,000 )
Gross income 500,000 300,000 200,000
Add: Share in net income
of GPP 20,000 20,000 20,000
Total gross income 520,000 320,000 220,000
Less: Deductions ( 100,000) ( 150,000) ( 100,000 )
Taxable income, this quarter 420,000 170,000 120,000
Add: Taxable income,
previous quarters - 420,000 590,000
Taxable income to date P 420,000 P 590,000 P 710,000
Annual Return
Gross taxable compensation income P 160,000
Less: Deductions
Premium paid on health and/or
hospitalization insurance P -
Basic personal exemption 50,000
Additional exemption - 50,000
TCI (excess of deductions over GTCI) P 110,000
Gross receipts P 1,880,000
Less: Cost of services ( 480,000 )
Gross taxable business/
professional income P 1,400,000
Add: Other taxable income 80,000
Total P 1,480,000
Less: Deductions ( 550,000 )
Net income P 930,000
Less: Excess of deductions over GTCI -
Taxable business income 930,000
Total taxable income P 1,040,000
Tax due Section 24 (A) P 297,800
Less: Tax credits/payments
Prior year’s excess credits ( - )
Tax payments, first 3 quarters ( 186,200 )
Creditable tax withheld, first 3 Qs ( 6,000 )
Creditable tax withheld, fourth quarter ( 2,000 )
Tax withheld on salary (on TCI of P110,000) ( 16,500 )
Foreign tax credits ( - )
Tax payable (overpayment) P 87,100
Annual Return
Gross taxable compensation income P 160,000
Less: Deductions
Premium paid on health and/or
hospitalization insurance P -
Basic personal exemption 50,000
Additional exemption - 50,000
TCI (excess of deductions over GTCI) 110,000
Gross receipts P 1,880,000
Less: OSD (40% X P1,880,000) ( 752,000 )
Net 1,128,000
Add: Other taxable income 80,000
Net income P 1,208,000
Less: Excess of deductions over GTCI -
Taxable business income 1,208,000
Total taxable income P 1,318,000
Reference:
RR No. 02-1998
Note that Statements III to V pertain to expanded withholding tax (EWT).
Trust 1 – Car (leased for six months earning an average income of PhP 25,000 per month)
Trust 2 – Condominium unit (leased for one year, received 2 months advance, 1 month refundable deposit on
July 1, 2015, monthly rentals amounting to PhP 30,000 was then paid every end of the month starting July 31,
2015)
Moreover, Trust 1 and Trust 2 incurred ordinary trust expenses amounting to PhP 50,000 and PhP 80,000,
respectively. Both trusts also distributed income amounting to PhP 20,000 each to Polla during the year.
Based on the foregoing, how much will be the income tax liabilities of Trust 1 and Trust 2 for CY 2015,
respectively?
Reference:
Where, in the case of two or more trusts, the creator of the trust in each instance is the same person,
and the beneficiary in each instance is the same, the taxable income of all the trusts shall be
consolidated and the tax provided in this Section computed on such consolidated income, and such
proportion of said tax shall be assessed and collected from each trustee which the taxable income of
the trust administered by him bears to the consolidated income of the several trusts.
How much was the Philippine income tax due and payable?
Solution:
I. Regional operating headquarters shall be subject to a tax rate of ten percent (10%) of their taxable
income and any income derived from Philippine sources by the ROHQ when remitted to the parent
company shall be subject to the tax on branch profit remittances.
II. The regional or area headquarters and regional operating headquarters of multinational companies
shall be exempt from all kinds of local taxes, fees, or charges imposed by a local government.
III. The regional or area headquarters and regional operating headquarters established in the
Philippines by multinational companies shall be exempted from the value-added tax.
IV. Regional or area headquarters and regional operating headquarters shall be entitled to the
importation of new motor vehicles subject to the payment of the corresponding taxes and duties.
ANSWER: PhP12,335,550
Solution:
I. A housing unit which is situated inside or located within a maximum of fifty (50) meters from the
perimeter of the business premises
II. Expenses incurred or paid by the employee but which are paid or reimbursed by his employer
III. Personal expenses of the employee (like purchase of groceries for the personal consumption of the
employee and his family members) paid for or reimbursed by the employer to the employee
whether or not the same are duly receipted for in the name of the employer
IV. The use of aircraft (including helicopters) owned and maintained by the employer
V. The cost of premiums borne by the employer for the group insurance of his employees
ANSWER: II only
Reference:
Revenue Regulations No. 03-1998
I. Processing, manufacturing or repacking goods for other persons doing business in the
Philippines, which goods are subsequently exported, where the services are paid for in
acceptable foreign currency and accounted for in accordance with the rules and regulations of the
BSP
II. Services other than processing, manufacturing or repacking rendered to a person engaged in
business conducted in the Philippines or to a non-resident person not engaged in business who is
in the Philippines when the services are performed, the consideration for which is paid for in
acceptable foreign currency and accounted for in accordance with the rules and regulations of the
BSP
III. Transactions which are exempt under international agreements to whichthe Philippines is a
signatory or under special laws, except those underPresidential Decree No. 529
IV. Services performed by subcontractors and/or contractors in processing, converting, or
manufacturing goods for an enterprise whose export sales exceed seventy percent (70%) of the
total production
V. Revenue from gaming operations of a PAGCOR’s contractee
Reference:
The following services performed in the Philippines by a VAT-registered person shall be subject to zero
percent (0%) VAT rate:
1. Processing, manufacturing or repacking goods for other persons doing business outside the
Philippines, which goods are subsequently exported, where the services are paid for in acceptable
foreign currency and accounted for in accordance with the rules and regulations of the BSP;
2. Services other than processing, manufacturing or repacking rendered to a person engaged in
business conducted outside the Philippines or to a non-resident person not engaged in business who is
outside the Philippines when the services are performed, the consideration for which is paid for in
acceptable foreign currency and accounted for in accordance with the rules and regulations of the BSP;
3. Services rendered to persons or entities whose exemption under special laws or international
agreements to which the Philippines is a signatory effectively subjects the supply of such services to
zero percent (0%) rate;
4. Services performed by subcontractors and/or contractors in processing, converting, or
manufacturing goods for an enterprise whose export sales exceed seventy percent (70%) of the total
annual production;
2. General Register (GR) No. 212530 dated August 10, 2016 [Bloomberry Resorts and Hotels, Inc. (BRHI)
vs. Bureau of Internal Revenue (BIR)]
All contractees and licenses of PAGCOR, upon payment of the 5% franchise tax, shall likewise be
exempted from all other taxes, including the 12% VAT.
EXTRA QUESTIONS
CLINCHER ROUND – Question 1
The following condensed data were taken from Quarterly income statements of Jacques Corporation, which
was registered with the BIR in 2009. The data were for the year 2015.
How much is the tax payable for the entire year assuming the taxpayer uses itemized deduction method?
ANSWER: P 300,000
Quarterly Declarations (Returns)
Annual Return
Sales P 5,900,000
Less: Cost of sales ( 1,300,000 )
Gross income from operation P 4,600,000
Add: Non-operating and other income 500,000
Total gross income P 5,100,000
Less: Deductions ( 1,050,000 )
Taxable income P 4,050,000
Tax rate (except MCIT rate) 30%
Income tax P 1,215,000
Less: Tax credits/payments
Prior year’s excess credits ( - )
Tax payments, first 3 quarters ( 890,000 )
Creditable tax withheld, first 3 quarters ( 25,000 )
Creditable tax withheld, fourth quarter ( - )
Tax payable (overpayment) P 300,000
A. If a taxpayer is acquitted in a criminal violation of the Tax Code, this acquittal does not exonerate
him from his civil liability to pay the taxes.
B. A conviction for tax evasion is not a bar for collection of unpaid taxes
C. A tax assessment is necessary to a criminal prosecution for willful attempt to defeat and evade
payment of taxes
D. Criminal proceedings under the Tax Code is now a mode of collection of internal revenue taxes,
fees or charges.
ANSWER: C.
ANSWER: D.
A. Taxable in full.
B. Exempt from tax since she was forced to resign.
C. Non-deductible expense of the Company since it is already about to close.
D. Answer not given.
ANSWER: A
A. Involving deficiency income taxes only, but not for other taxes
B. Because of doubt as to the validity of the assessment
C. If the compromise amount does not exceed 10% of the basic tax
D. Only when there is an approval of the National Evaluation Board
ANSWER: B
FINAL ROUND
EASY ROUND - Question 1
Which of the following may qualify for tax exemption of separation benefits received by an official or employee
as a consequence of separation from employment?
I. Redundancy
II. Retrenchment
III. Installation of cost-savings devices
IV. Cessation of Operation
ANSWER: I, II, IV
Reference:
RMO No. 66-2016
I. Aljohn may claim input taxes on expenses incurred for the repair and maintenance of said car in CY
2013.
II. Aljohn may claim as deduction expenses incurred for the purchase of oil and lubricant of said car
for income tax purposes.
III. In CY 2014, Aljonh decided to sell the car. In doing so, he incurred a loss amounting to PhP
200,000. Accordingly, such loss incurred may be deductible in arriving at his taxable income for the
year.
IV. The premium paid for insurance covering said car and the registration fee paid are allowed as
deduction for income tax purposes.
Reference:
RR No. 12-2012, as clarified by RMC No. 02-2013
ANSWER: P 26,695.65
Solution:
During 2015, bad debts worth PhP10,000were written off and allowed as deductions by the BIR. The whole
amount, however, was recovered during 2016.
How much is the additional tax in 2016 as a consequence of bad debts recovery?
Reference:
• Section 34 (E) (1), NIRC, as amended
Reference:
RR No. 07-2012, amending RR No. 11-2008
A. Refers to functions delegated by the Commissioner to revenue officials in accordance with law
B. Issuances that cover subject matters dealing strictly with the permanent administrative set-up of the
Bureau, more specifically, the organizational structure, statements of functions and/or responsibilities of
BIR offices, definitions and delegations of authority, staffing and personnel requirements and standards
of performance.
C. Issuances signed by the Secretary of Finance, upon recommendation of the Commissioner of Internal
Revenue, that specify, prescribe or define rules and regulations for the effective enforcement of the
provisions of the National Internal Revenue Code (NIRC) and related statutes
D. Issuances that publish pertinent and applicable portions, as well as amplifications, of laws, rules,
regulations and precedents issued by the BIR and other agencies/offices
ANSWER: D.
ANSWER: D.
MSG Corporation opts to claim the excess payments in 2015 as tax credit to be carried over to succeeding
quarters of 2016.
How much is the income tax due to the BIR in April 15, 2017?
ANSWER: P 23,000
Solution:
Annual Return
Sales P 2,200,000
Less: Cost of sales ( 1,200,000)
Gross income from operation P 1,000,000
Add: Non-operating and other income -
Total gross income P 1,000,000
Less: Deductions ( 500,000)
Taxable income P 500,000
Tax rate 30%
Income tax due P 150,000
Less: Tax credits/payments
Prior year’s excess credits ( 50,000)
Tax payments, first 3 quarters ( 55,000)
Creditable tax withheld, first 3 quarters ( 15,000)
Creditable tax withheld, fourth quarter ( 7,000)
Tax payable (overpayment) P 23,000
ANSWER: II only
Reference:
I is incorrect since exports sales of registered products shall be exempt from VAT.
III is incorrect since sale of services to other PEZA-entities shall be exempt.
IV is incorrect since importation of goods shall be VAT-exempt.
ANSWER: C
Reference:
Section 24 (D) (2), NIRC, as amended
Reference:
The sale of marinated milkfish is not exempt from VAT pursuant to Section 4.109-1 (B) (1) (a) RR No.
16-05 which provides that the sale of agricultural and marine food products in their original state is
exempt from VAT.
Sale or importation of specialty feeds is not am exempt transaction.
While WHO is an organization exempt from VAT, such exemption applies only to vehicles purchased
under the name of WHO for its official use. Thus, sale by privileged seller, the Senior Specialist of ADB
to the Director of WHO, being non-privileged buyer, is subject to VAT pursuant to Section 106 of the
Tax Code.
The sale of patented invention is not exempt from VAT since the only tax exemption granted to an
accredited member of the FIS merely refers to income tax [Final Resolution of the Office of the
President (OP), OP Case No. 03-g-422 dated February 2, 2004].
ANSWER: P636,000
Solution:
Taxable sales Rate Output tax
Domestic sale of goods P 3,000,000 12% P 360,000
Sales of packaging materials
to export-oriented enterprise 2,000,000 12% 240,000
Local sales of goods to ADB 500,000 0% -
Consignment of goods (deemed sold) 200,000 12% 24,000
Goods transferred for the personal
use of the owner (deemed sold) 100,000 12% 12,000
Total P 5,800,000 P 636,000
ANSWER: I and II
Reference:
RR No. 02-2006
What is the allocation (in percentage) of sales to be subjected to local business tax (LBT) to each Local
Government Unit (LGU)?
Reference:
DOF-BLGF Opinion dated February 12, 2007
The imported goods are sold within the same taxable period the importation is made for P7,840,000, VAT
inclusive. The Company has no other sales during the year.
There is no input tax on expenses incurred after the goods are released from the Bureau of Customs because the
problem does not state that there is passed-on VAT on those expenses.
Date Donations
January 2 To Alice, legitimate daughter, on account of her forthcoming marriage, 10,000
shares which are not traded in the stock exchange. The book value at the time of
donation was P50 per share.
To Jewel, family friend of couple, on account of her birthday, P20,000.
February 3 To Aevon, legitimate daughter, on account of her marriage on February 1, 2010,
a piece of antique jewelry from the capital property of Mr. Jose. The pawn value
of the jewelry was P50,000.
To Janina, legitimate daughter, on account of her graduation, a piece of land
costing P500,000.
The fair market value per BIR at the time of donation was P1,000,000. Its
assessed value was P1,200,000. The piece of land had an unpaid mortgage of
P100,000which was assumed by the donee.
To Anna, Mrs. Jose’s sister, on account of her forthcoming marriage, cash
P100,000.
October 4 To ReSA Colleges, a non-profit educational institution, P250,000.
To Belmont Shipping Company, a piece of land valued at P700,000.
To John, legitimate son, on account of his forthcoming marriage, cash of
P200,000.
How much is the tax due and payable of Mr. Juan Jose on gifts made on October 4?
ANSWER: PhP 111,000
Solution:
STRANGER RELATIVE
JANUARY 2:
TO ALICE (P500,000 X ½) P - P 250,000
TO JEWEL (P20,000 X ½) 10,000 -
GROSS GIFTS P 10,000 P 250,000
LESS: DOWRY - 10,000
TAXABLE NET GIFTS P 10,000 P 240,000
TAX DUE P 3,000 P 3,600
AGGREGATE TAX DUE P 6,600
FEBRUARY 3:
TO AEVON (P50,000 X 3) P - P 150,000
TO JANINA (P1,200,000 X ½) - 600,000
TO ANNA (P100,000 X ½) 50,000 -
GROSS GIFTS P 50,000 P 750,000
LESS: DEDUCTIONS
UNPAID MORTGAGE ASSUMED BY
DONEE (P100,000 X ½) - 50,000
NET GIFT P 50,000 P 700,000
ADD: PRIOR NET GIFTS 10,000 240,000
TOTAL TAXABLE NET GIFTS P 60,000 P 940,000
OCTOBER 4:
TO RESA COLLEGE (P250,000 X ½) P 125,000 P -
TO BELMONT SHIPPING (P700,000 X ½) 350,000 -
TO JOHN (P200,000 X ½) - 100,000
GROSS GIFTS P 475,000 P 100,000
LESS: DEDUCTIONS
DOWRY - 10,000
DONATION TO NON-PROFIT
EDUCATIONAL INSTITUTION 125,000 -
NET GIFTS P 350,000 P 90,000
ADD: PRIOR NET GIFTS 60,000 940,000
TOTAL TAXABLE NET GIFTS P 410,000 P 1,030,000
TAX DUE P 123,000 P 46,400
AGGREGATE TAX DUE P 169,400
LESS: PAYMENTS FOR PRIOR GIFTS 58,400
TAX PAYABLE P 111,000
ANSWER: I, II, V, VI
Reference:
RR No. 26-2002
AVERAGE ROUND – Question 9
Which of the following holds true as to date?
References:
RMC No. 05-2014
RMC No. 57-2013
RMC No. 50-2013
RMC No. 52-2013
The agricultural land was inherited by the present decedent. Its value at the time of inheritance was P500,000.
It had an unpaid mortgage of P 80,000.
ANSWER: P1,711,339
Solution:
Schedule of deductions:
Funeral expenses (actual) (P500,000 X 30%) P150,000
Judicial expenses 100,000
Claims against the estate 250,000
Taxes 20,000
Claims against insolvent 100,000
Unpaid mortgage 30,000P650,000
Vanishing deduction 238,661
Amount received under RA 4917 500,000
Total P 1,388,661
ANSWER: V only
Reference:
Some ingredients of finished feeds may also be used for the production of food for human consumption
and shall be subject to VAT. To be exempt from VAT, there must be a proof that the feeds or ingredients
sold are unfit for human consumption or that the ingredients cannot be used for the production of food
for human consumption as certified by the Food and Drug Administration (FDA). (RMC No. 55-2014,
RMC No. 66-2014)
Sale of real properties utilized for socialized housing as definedunder RA No. 7279 and other related
laws, such as RA No.7835 and RA No. 8763, wherein the price ceiling per unit isP225,000* or as may
from time to time be determined by theHUDCC and the NEDA and other related laws (HUDCC
MemorandumCircular No. 1, dated December 11, 2008 and RMC No. 30-2009dated May 14, 2009)
Interest income from loans extended to non-residents shall be zero-rated.
Importation of fuel, goods and supplies by persons engaged ininternational shipping or air transport
operations
Solution:
How much was the total tax to be reported in the BIR Form No. 1604-CF?
ANSWER: PhP116,000
Solution:
ANSWER: II only
I. With respect to taxpayers enrolled with EFPS classified under Group A, the deadline for e-filing the
Monthly Percentage Tax Return and e-paying the tax thereon shall be 21 days following the end of
the month.
II. In the case of a person whose VAT registration is cancelled and who becomes liable to the 3% tax
on VAT-exempt persons, the tax shall accrue from the date of cancellation and shall be paid
within20 days after the end of each taxable month.
III. If done manually, the withholding 3% percentage tax shall be remitted within20 days after the end of
each taxable month.
IV. A person subject to percentage tax under Sec. 116 (Non-Vat person whose gross annual sales or
receipts do not exceed the threshold amount for VAT) is qualified to substituted filing of percentage
tax return ifthe said income recipient-payee has only one payor from whom he generates his
income.
V. Taxpayers whose gross receipts are P1,000,000 per year are not large taxpayers.
ANSWER: I only
Of the 100,000,000 authorized shares, 25,000,000 thereof is subscribed and fully paid up by the following
stockholders:
RFB Corporation finally decides to conduct an IPO and initially offers 25,000,000 of its unissued shares to the
investing public at P1.50 per share. After the IPO in March 2008, RFB Corporation’s total issued shares
increased from 25,000,000 to 50,000,000 shares.
At the IPO, one of the existing stockholders, Mrs. Linda O. Evangelista, has likewise decided to sell her entire
5,000,000 shares to the public at P1.75 per share. Thus, 25,000,000 shares have been offered in the
primary offering and 5,000,000 shares in the secondary offering.
ANSWER: P 210,000
Solution:
the tax rates for percentage tax on primary and secondary offerings of shares of stock of a closely
held corporation under section 127 (b) of the tax code follow:
ratio rate
not over 25% 4%
over 25% but not over 33 1/3% 2%
over 33 1/3% 1%
How much is the total amount due excluding suggested compromise for late filing and late payment of the tax?
Solution:
Compute for the total gross income subject to regular corporate income tax (RCIT) for CY 2016.
ANSWER: P 2,600,000
Solution:
Sales P 1,000,000
Less: Cost of sales ( 500,000 )
Gross income P 500,000
Other income
Gain from sale of an office equipment 20,000
Interest income from bank deposit, USA 400,000
Interest on trade notes receivable, Philippines 30,000
Advance rent for two (2) years, Philippines 600,000
Royalties, USA 300,000
Dividend received from a foreign corporation 350,000
Prizes and winnings, Philippines 400,000
Total gross income P 2,600,000
How much is the VAT still payable or excess tax credits for the month (to the nearest peso)?
Solution:
Output tax
Sales to private corporations (552,123x12%) P66,255
Sale to PEZA-registered corporations formerly enjoying GIT 35,052
incentive (292,100x12%)
Sales to foreign embassies (365,190x0%) -
Sale to PEZA-registered corporations enjoying ITH incentive -
(76,000x0%)
Sales to PWDs -
Sales to government (396,150X12%) 47,538 P 148,845
Sale of goods and services to the government adopts a withholding VAT mechanism where the seller will have zero VAT liability insofar
as the transaction is concerned. Therefore, any payment of VAT by the seller relating to the transaction would constitute erroneous
payment of tax. [CTA Case No. 8216 dated September 16, 2014 (Unisys Public Sector Services Corporation vs Commissioner of
Internal Revenue)].
a. Actual distraint may be made on the property of any taxpayer whether delinquent or not while
constructive distraint is made on the property only of a delinquent taxpayer.
b. In actual distraint, there is taking of possession, while in constructive distraint, the taxpayer is merely
prohibited from disposing of the property.
c. Actual distraint is effected by 1) requiring the taxpayer to sign a receipt of the property or 2) having the
revenue officer prepare and leave a list of the distrained property or 3) serving a warrant of distraint or
garnishment.
d. Answer not given.
ANSWER: B
EXTRA QUESTIONS
CLINCHER ROUND – Question 1
Which of the following is not taxable?
a. Living quarters or meals furnished to an employee for the convenience of the employer
b. Tips or gratuities paid directly to an employee by a customer of the employer which are not accounted
for by the employee to the employer
c. Pensions, retirement and separation pay, in general
d. Fixed or variable transportation, representation and other allowances which are received by a public
officer or employee or officer or employee of a private entity, in addition to the regular compensation
fixed for his position or office, in general
ANSWER: A
Reference:
Section 2.78.1 (A) (2) (4) (5) and (6) (a), Revenue Regulations No. 2-98
If the shares are listed and traded through the Philippines Stock Exchange (PSE), such sale is subject
to STT of ½ of 1% of the gross selling price as provided under Section 127 (a) of the 1997 Tax Code,
as amended.However, please note that under Revenue Regulations (RR) No. 16-2012 dated
November 7, 2012, STT will not apply to transfer of shares of listed companies which do not meet the
minimum percentage requirement of listed securities held by the public (or "public float") of ten percent
(10%) issued and outstanding shares, exclusive of any treasury shares or the minimum public
ownership (MPO) requirement prescribed by the Securities and Exchange Commission (SEC) or the
PSE, whichever is higher.
In case of shares not listed and traded through PSE or shares owned by listed companies which do not
meet the minimum percentage requirement under RR No. 16-2012, capital gains derived from such
sales are subject to CGT at the rate of 5% on the first P 100,000 of net gain, plus 10% on the net gain
amount in excess of P 100,000 pursuant to Section 28 (b) (5) (c) of the 1997 Tax Code, as amended.
The sale of shares is subject to DST at the rate of P 0.75 for every P 200.00 (or 0.375%) of the par
value of the shares, or a fraction thereof, under Section 175 of the 1997 Tax Code, as amended.
Donor’s Tax
If the selling price or consideration on the sale of shares (i.e., shares not listed and traded through PSE
or listed shares sold, transferred or exchanged outside the PSE) is lower than the fair market value
(FMV) of the shares, the difference is considered as a gift subject to 30% donor's tax under Section 100
of the 1997 Tax Code, as amended.
E. Input tax that can be directly attributable to VAT on sales of goods and services to the Government shall
be credited against output taxes arising from sales to non-Government entities
F. The government or any of its political subdivisions, instrumentalities or agencies as well as purchasers in
the course of trade or business shall deduct and withhold a final VAT due at the rate of five percent (5%)
of the gross payment
G. Should actual input VAT attributable to sale to government exceeds seven percent (7%) of gross
payments, the excess must be closed to expense or cost
H. The standard input tax is in lieu of the actual input VAT directly attributable or ratably apportioned to sales
of goods or services to government or any of its political subdivisions, instrumentalities on agencies
including GOCCs
ANSWER: D.
I. unitary tax
II. composite tax
III. presumptive tax
IV. regressive tax
ANSWER: D.
I. Within thirty (30) days after each cash sale, barter, exchange or other disposition of shares of stock not
traded through the local stock exchange
II. In case of installment sale, the return shall be filed within thirty (30) days following the receipt of the first
down payment and within (30) days following each subsequent installment payment
Reference: BIR Form No. 1707 (Capital Gains Tax Return for Onerous Transfer of Shares of Stocks Not
Traded Through the Local Stock Exchange)
ANSWER: C
E. Every corporation subject to tax, except foreign corporations not engaged in trade or business in the
Philippines, shall render, at least in duplicate, a true and accurate quarterly income tax return and final
or adjustment return.
F. The return shall be filed by the president, vice-president or other principal officer, and shall be sworn to
by such officer and by the treasurer or assistant treasurer.
G. A corporation may employ either calendar year or fiscal year as a basis for filing its annual income tax
return.
H. The corporation may change the accounting period employed without prior approval from the
Commissioner as long as such change is noted in the financial statements submitted by the corporation
as attachments to the income tax return filed.
ANSWER: D
a. Any amount paid out for new buildings or for permanent improvements, or betterments made to
increase the value of any property or estate
b. Intangible drilling and development costs incurred in petroleum operations
c. Any amount expended in restoring property or in making good the exhaustion thereof for which an
allowance is or has been made
d. None of the choices
ANSWER: B