What is Income?
Estates
Trusts
TYPES OF TAXPAYERS
INDIVIDUALS
Resident Citizen/Alien Nonresident Citizen Nonresident Alien
• Establishes physical • Engaged or not in trade
presence abroad and and business in the
intention to reside therein. Philippine (stay is more
• Leaves Philippines during /less than 180 days during
the taxable year to reside the taxable year).
abroad, as immigrant or for • Aliens employed by
permanent employment. offshore banking units
• Works and derives income and petroleum
from abroad and whose contractor/subcontractor.
employment requires • Aliens employed by
physical presence abroad regional/area
(not less than 183 days). headquarters and regional
• Previously considered as operating headquarters of
nonresident and arrives multinational companies.
during the taxable year to
become a permanent
resident.
TYPES OF TAXPAYERS
CORPORATION
Included: Not included:
• Partnerships; • General professional
• Joint stock companies; partnership;
• Joint accounts; • Joint venture or
• Associations; consortium undertaking
• Insurance companies construction or energy
operation under a
service contract with
the government
TYPES OF TAXPAYERS
ESTATE TRUST
• Property, rights, and • Arrangement created by
obligations of a person which agreement under which title
are not extinguished by his to property is passed to
death and those that accrues another for conservation or
thereto; investment with the income
• Taxed in the same way as an and the corpus/principal
individual provided it is distributed in accordance with
irrevocable and earns income; the directions of the creator;
and and
• What is taxed is the income • To be taxable as a separate
not the property. entity, grantor must have
absolute and irrevocable
given up control and benefit
over the trust.
INCOME TAXATION UNDER NIRC:
• Net Income Tax/Taxable Income:
GI – Deductions - Exemptions
• Gross Income Tax:
All income from whatever source.
• Final Income Tax
On passive income and capital gains
• Fringe benefit tax:
Benefits to managerial and supervisory
employee; Ee is taxed but burden is on Er
INCOME TAXATION UNDER NIRC:
• Capital Gains Tax:
Real property and stocks not traded in stock
market
• Optional Corporate Income Tax
• Minimum Corporate Income Tax: 2% of GI
• Improperly Accumulated Earnings Tax
• Branch Profit Remittance Tax
• Preferential Rates: for special corporations
Who are required to file the
ITRs?
As for Individuals
Resident citizens receiving income within/outside
employees deriving purely compensation income:
o from 2 or more employers, concurrently or successively at anytime during the
taxable year
o regardless of the amount, whether from a single or several employers during the
calendar year, the income tax of which has not been withheld correctly (i.e. tax
due is not equal to the tax withheld) resulting to collectible/refundable return
individuals deriving:
o mixed income, i.e., compensation income and income from the conduct of trade
or business and/or practice of profession
o other non-business, non-professional related income in addition to
compensation income not otherwise subject to a final tax
o purely compensation income from a single employer, although the income of
which has been correctly withheld, but whose spouse is not entitled to
substituted filing
self-employed individuals receiving income from the conduct of trade or
business and/or practice of profession
marginal income earners
Who are required to file the
ITRs?
As for Individuals
Non-resident citizens receiving income from sources within the Philippines
Aliens, whether resident or not, receiving income from sources within the
Philippines
NOTE: A Filipino employed as Philippine Embassy/Consulate
service personnel of the Philippine Embassy/consulate is not
treated as a non-resident citizen, hence his income is taxable.
What is Gross Income?
Compensation Income
Business income/income from profession
Gains from dealings of property
Passive income
Other taxable income
Composition of Gross Compensation
Income:
Salary, wage or fee
Commission
Honoraria
Allowances
13th month pay and other benefits
Holiday, OT, NightDiff, Hazard/Emergency pay
Separation pay
Retirement pay
Sick/Vacation Leave pay
Fringe Benefits
What are Tax-Exempt
Compensation?
RR No. 10-2008 exempts compensation income
including Holiday, Overtime, NightDiff and Hazard Pay
from:
• Statutory Minimum Wage Earners
• Employees in public sector whose salary do not exceed
the SMW in non-agricultural private sector
However, MWEs receiving other income, except subject
to final withholding tax in addition to compensation
income shall be subject to tax on their entire income.
Common Types of Allowances
Cost of Living Allowance (COLA) – not
taxable if given to government officials
and employees.
Representation and Travel Allowance
(RATA) – shall form part of compensation
income except when under GAA or subject
to liquidation.
Personnel Economic Relief Allowance
(PERA) – not taxable if received by
government officials and employees
What is the effective 13th
month pay?
Under Republic Act (RA) No.10653, signed into law in 2015,
gross benefits received by officials and employees of public
and private entities up to a maximum amount of P82,000 are
excluded from the computation of the gross income and
thus, such amounts are exempt from income tax. To
implement RA 10653, the Bureau of Internal Revenue (BIR)
issued Revenue Regulations (RR) 3-2015 statting among
others: “The amount of P82,000 shall apply to the 13th
month pay and other benefits paid or accrued beginning
January 1, 2015.”
What are exclusions from
GI?
Life insurance
Amount received by insured as return of premium
Gifts, bequests and devises
Compensation for injuries or sickness
Income exempt under treaty
Retirement benefits, pensions, gratuities, etc.
Miscellaneous items:
• income derived by the government or foreign government
• prizes and awards in sport competition/ met conditions of Tax
Code
• 13th month pay and other benefits
• GSIS, SSS, Medicare and other contributions
• gain from the sale of bonds, debentures or other certificate of
indebtedness/redemption of shares in mutual fund
Gross Income Formula:
Sale of Goods: Sale of Services:
Gross Sales XXX Gross Sales XXX
Less: Sales Discounts (XXX) Less: Sales Discounts (XXX)
Sales Returns and Allowances (XXX) Sales Returns and Allowances (XXX)
Net Sales XXX Gross Income XXX
Less: Cost of Goods Sold** (XXX)
Gross Income XXX
Taxable Income:
Within Yes Yes Yes Yes Yes
Without Yes No No No No
Tax base NI NI NI NI GI
• Resident Citizen
• Non-Resident Citizen
• Resident Alien
What is Taxable Income?
Taxable income means the pertinent
items of gross income specified in the
Tax Code as amended, less the
deductions and/or personal and
additional exemptions, if any,
authorized for such types of income, by
the Tax Code or other special laws.
Computation of Taxable Income:
Purely compensatory Business income
income
Gross Compensation Gross Revenue/Sales
Less: Health/Hospital Less: Cost of Sales
premium payments Gross Income
(P2400 maximum per Less: Allowable
year) Deductions
Exemptions-personal **Exemptions-
and addtl. personal and addtl.
Taxable Income Taxable Income
** for individuals
-ending-