Professional Documents
Culture Documents
E 101
E 101
E 101
1.
2.
a.
None. Proceeds of life insurance policy payable upon the death of the
insured are excluded from gross income.
None, because Angel is not required to pay income tax on the entire
amount he received as proceeds from insurance policy. The reason being
that the insured did not outlive the policy.
If however, his father outlived the life insurance policy, Angel must
report an income of P75,000 (the face amount of P100,000 minus the
premiums paid in the amount of P25,000).
4.
5.
a.
The P20,000 given to cover medical expenses are actual damages, while
the other P20,000 constitutes moral damages. Both actual and moral
damages are not subject to tax.
b The P150,000 awarded by the court for winning in the libel case is not
. taxable. Libel is included in the phrase "personal injury or sickness,"
which is exempt from income tax.
c.
Not included in the gross income. The amount of P12,000 being given by
the employer to its employees in case of disability are not salaries but
compensation for personal injuries being suffered by its employees.
d.
Not taxable. The P60,000 is in the form of moral damages which is not
capable of pecuniary estimation. Besides, it is in the nature of a return of
capital.
e.
6. 6. No, because all the requisites for exemption from income tax are
present: (1) Tanda retired at age 60 which is more than the required age
of 50 years; (2) a private pension plan is maintained by the employer;
and, (3) he worked with San Jose Corporation for more than 10 years.
The law does not require continuous service. Therefore, the 10-year
service requirement is satisfied even if he had a broken service with the
company.
7.
8.
a.
b Taxable.
.
c Not taxable. Kay was awarded without joining the contest and not
.
required to render substantial future services. Moreover, the prize given
was in recognition of an educational attainment.
9.
The prize won by Tornado is taxable. The fight was not sanctioned by a
national sports associations. As a matter of fact, it was held in a very
secluded place. The main purpose of the fight is for the gamblers to bet
on their favorite fighter and not to promote sports.
10.
Answer: P38,000
Salary (P20,000 x 12)
Add: Benefits
Christmas bonus
Productivity bonus
240,0
00
20,000
2,000
Loyalty award
Cash gift
Anniversary bonus
13th month pay
Total
Less: Exemption
3,000
1,000
2,000
20,000
48,000
30,000
18,0
00
258,0
00
EXERCISES 52.1:
1.
2.
ANSWER: D
The entire amount of proceeds of the insurance policy received by
the beneficiary of Okeze from Filipinas Life Assurance Company is not
taxable because they are more considered as indemnity rather than as
gain or profit.
ANSWER: B
Proceeds of life insurance
Less: Premiums paid (1,000 x 12 x 20)
Subject to tax
3.
ANSWER: C
Total amounts received (50,000 x 12)
Less: Face value of the policy
Deemed interest (taxable)
4.
ANSWER: C
Total amounts received (50,000 x 12)
Less: Amount of premiums paid
(1,000 x 12 x 20)
Subject to tax
Prob 5-2.2
1.
ANSWER: C
500,00
0
240,00
0
260,00
0
600,00
0
500,00
0
100,00
0
600,00
0
240,00
0
360,00
0
Proceeds of insurance
Less: Premiums paid (P10,000 x
20)
Income subject to tax
2.
500,0
00
200,00
0
300,00
0
ANSWER: D
None because Sonia died.
Prob 5-2.3
ANSWER: D
Income from coconut land
50,0
00
30,000
80,000
ANSWER:
P
500,00
0
400,00
0
100,00
0
Prob 5-2.5:
ANSWER:
P
200,00
0
P
60,000
80,000
140,00
0
60,00
0
Prob 5-3.1
ANSWER:
ANSWER:
ANSWER: B
There is no showing that Mario was in the service of the same
employer for at least ten (10) years, that he is at least fifty(50) years
of age at the time of retirement, that he has never availed of the
benefit of exclusion, and that the retirement gratuity came from a
reasonable retirement plan maintained by his employer.
The amount of P250,000 is taxable because Remus is only 49
years old upon retirement. To be exempt from income tax, the
retirement age of an employee must be at least 50 years.
Prob 5-3.4
ANSWER: D
The money value of the accumulated leave credits given to a
retiring government official or employee is not subject to tax (CIR s.
CA, et.al, 203 SCRA 72).
Prob 5-3.5
ANSWER: A
The P1,000,000 is part of Larry's retirement pay and not a gift.
Considering that the requisites for exemption from payment of tax are
satisfied, the additional P1,000,000 is not taxable.
Prob 5-3.6
ANSWER: D
40,0
00
150,00
0
190,00
0
Prob 5-4.3
ANSWER: C
Payment for the salaries
60,0
00
Prob 5-4.4
ANSWER:
EXERCISE 5
5.1:
ANSWER: C
Talent fee
Professional fee
Total amount taxable
Cash prize
Pay per view
Talent fee
Taxable amount
400,000
1,000,000
1,400,000
25,000,00
0
30,000,00
0
12,000,00
0
67,000,00
0
EXERCISES 55.2
a. The P350,000 value of the car is subject to a final tax of 20%.
b. The P5,000 is subject to graduated tax to be reported in the income tax
c.
return.
The cash prize and the equivalent amount of the 100 shares are subject
to 20% final tax because the awards given are not in recognition of
religious, charitable, scientific, educational, artistic, literary or civic
achievement.
EXERCISES 5-5.3
Being a resident citizen, Monique Salonga is taxable on income
within and without the Philippines. Consequently:
a.
The income of $75,000 is taxable to her unless she has acquired the
status of a contract worker. In which case, the $75,000 is not taxable to
her because contract workers are taxable only on income derived from
sources within the Philippines;
b.
c.
PROBLEM 5-6.1
ANSWER:
300,0
00
Other benefits:
13th month pay
25,00
0
2,500
30,000
57,500
30,000
Cash gift
Longevity pay
Total
Less: Amount of
exemption
Proceeds of life insurance (300,000
200,000)
Income subject to tax
27,5
00
100,00
0
427,50
0
EXERCISE 5 7
1. None. Holiday pay, overtime pay, night shift differential pay and hazard
pay earned by a minimum wage earner shall likewise be exempt from
income tax.
2 Basic salary
.
Commissions
Honoraria
Holiday pay
Overtime pay
Hazard pay
Other
benefits
(36,000
30,000)
Income subject to tax
95,000
15,000
10,000
7,000
8,500
6,000
6,00
0
147,50
0
EXERCISES 5 8
1.
ANSWER:
Only option D has complied with the requisites for exemption from tax
of retirement benefits, viz: (1) There must be a private pension
maintained by the employer and approved by the BIR; (2) The retiring
official or employee has been in the service of the same employer for
at least ten (10) years; (3) The age must be at least 50 years old at
the time of retirement; and (4) The benefit of exemption can be
ANSWER:
ANSWER:
ANSWER:
This is a case of key insurance where the company insures the life
of its key employee. The proceeds is not taxable to the corporation
because it is considered as an indemnification for the loss of the
president which is one of the company's key employees.
5.
ANSWER:
ANSWER:
ANSWER: C
The provision exempting "interest on government securities" has
interest
on
ANSWER: D
The pension from GSIS is not taxable while the interest from the
time deposit is subject to a final tax of 20%.
No, the separation due to the economic condition is one which is
beyond the employees control, hence, excluded from gross income
and not subject to withholding tax.
9.
ANSWER: A
The phrase "personal injuries" which are exempt from income tax
includes moral damages awarded by the court on account of mental
anguish experienced by one person due to libelous statements made
against him.
10.
ANSWER: C
Prizes amounting to P10,000 or less are to be included in the
computation of gross income. They are not subject to final tax.
11.
ANSWER: C
The amount of P1,500 given by his mother to Luis is in the form of
a condonation or gift and not a taxable income.
12.
ANSWER: D
Dismissal from employer due to inefficiency in service is a cause
which is not beyond the control of the employee. Under the beyond
the control test, whenever an employee is separated from service for
a cause or causes which is/are beyond his control, the separation pay
received by him is not subject to tax.
13.
ANSWER: D
Damages received by a taxpayer due to physical injuries or
sickness are not taxable to him. However, damages received as
compensation for lost profits are subject to tax.
14.
ANSWER: D
Thirteenth month pay and other benefits are exempt from income
tax. However, the amount in excess of P30,000 are taxable to the
employee.
15.
ANSWER: B
Exclusion from gross income
16.
1,000,0
00
ANSWER: D
The exemption from income tax on a qualified senior citizen does
include exemption from value-added tax, estate tax, donors tax and
income tax on passive income.
17.
ANSWER: A
Monthly salary and allowance
(P3,500 + 1,000)
Months received (January to June
15)
Actual amount of salaries received
Net income from trimobile
Income subject to tax
4,5
00
5.5
24,750
24,000
48,750
EXERCISES 61
1.
CLASSIFICATION
SITUS
OF
TAXABLE
INCOME
a. Nonresident citizen
Within only
b. Nonresident
alien
Within only
(NETB)
c. Nonresident citizen
Within only
d. Resident alien
Within only
e. Nonresident
alien
Within only
(NETB)
f. Nonresident
alien
Within only
(ETB)
Yes. Cindy because she is supporting her daughter who is living with
her.
4. a. None.
Additional personal exemption can be claimed only on
dependent children regardless of the support being extended by other
persons.
5. a. None. Aunties are not qualified dependents for purposes of claiming
additional exemption.
b. None. The mother is not a qualified dependent.
c.
d. None. Both Decepeda and his sister cannot claim additional exemption
on their father.
e. P 100,000. Elantra is allowed to claim dependents on his four children
only.
6. a. No. A mixed income earner cannot be classified as a MWE regardless of
his compensation income from employment.
b. Yes, because the daughter is a qualified dependent.
c.
240,0
00
50,000
25,000
75,0
00
145,0
00
Tax on P 140,000
5,000 x 25%
Income tax
22,500
1,250
23,750
240,0
00
50,00
0
190,0
00
22,500
12,500
35,000
160,0
00
50,0
00
110,0
00
500,0
00
275,0
00
225,0
00
50,00
0
175,0
00
Less: Expenses
Net income
Less: Personal exemption
Taxable income
b. Compensation income Jim
Less: Personal exemptions
Basic personal
Additional exemptions
160,0
00
50,000
25,000
Taxable income
Tax on P 70,000
15,000 x 20%
P 8,500
3,000
75,00
0
85,00
0
11,500
500,0
00
275,0
00
225,0
00
50,00
0
175,0
00
Less: Expenses
Net income
Less: Personal exemptions
Taxable income
Tax on P 140,000
35,000 x 25%
Income tax due
Income tax Jim
Income tax Pat
Total income tax
8. a. Tax on P 40 x 5%
b. Tax on P 10,000 x 5%
c.
Tax on P 10,000
2,245.40 x 10%
Income tax
d. Tax on P 250,000
e. Tax on P 250,000
206,780 x 30%
Income tax due
f.
Tax on P 500,000
623,251.27 x 32%
Income tax due
9 a. Salary
.
b. Interest on bank deposit
22,500
8,750
31,250
P
11,500
31,250
42,750
2.00
500
500.00
224.54
724.54
50,000
50,000
62,034
112,034
125,000.
00
199,440.
41
324,440.
41
- Compensation
- Passive income tax exempt (long-
c. Honorarium
d. Prizes
e.
f.
g.
h.
i.
j.
Lotto winnings
Income from farming
Royalties on books
Dividends from domestic
company
13th month pay
Interest on preterminated
deposits
term)
Compensation income
Ordinary business income (not exceeding
P10,000)
Tax exempt
Business income
Passive income (10%)
Passive income (10%)
- Exempt up to P 30,000
- Passive income (12%)
10 a. Juan
.
Salary
150,0
00
50,000
75,000
125,0
00
25,00
0
500
3,000
3,500
10,100
( 6,6
00)
b. Maria
Salary
125,0
00
50,00
0
75,00
0
8,500
1,000
9,500
15,000
( 5,500)
( 6,600
)
( 5,50
0)
(12,10
0)
150
200
12
2,400
c
.
d
.
1
2.
12
1,800
a
.
Compensation income
Less: Personal exemption
Basic personal
Additional (25,000 x 2)
50,000
50,000
Tax on P 70,000
30,000 x 20%
Income tax due
100,0
00
100,00
0
8,500
6,000
14,50
0
Gross income
Less: Allowable deductions
Optional deductions
(200,000 x 40%)
8
1,600
200,000
b
.
200
200,000
80,00
0
Basic personal
Additional exemptions
Taxable income
Tax on P 10,000
10,000 x 10%
Income tax due
c
.
50,000
50,000 180,00
0
20,00
0
500
1,000
1,500
1
3.
Compensation income
Business income
Gross income
Less: Deductions
Optional (186,000 x 40%)
8,500
6,000
14,50
0
Case 1
125,0
00
186,0
00
311,0
00
Total
Taxable income
EXERCISE 6 2
1. ANSWER: B
Gross receipts
Less: Expenses
Case 2
80,000
230,00
0
310,00
0
74,40
0
Itemized
Personal exemption
200,0
00
100,00
0
100,0
00
50,0
00
124,4
00
186,6
00
105,00
0
50,00
0
155,00
0
155,00
0
950,00
0
120,00 830,00
0
Prize, contest
Salary (37,600 + 2,400)
Rent income (38,000/95%)
Less: Depreciation
Total
Less: Basic personal exemption
Taxable income
40,000
8,000 32,000
907,00
0
50,00
0
857,00
0
2. ANSWER: D
Tax on P 500,000
125,00
0
114,24
0
239,24
0
357,000 x 32%
Income tax due
Less: Withholding taxes
Profession (950,000 x 15%)
Salary
Rent (40,000 38,000)
Income tax payable
142,50
0
2,400
2,00 146,90
0
0
92,34
0
3. ANSWER: B
Interest on preterminated deposit (20,000 x
12%)
Winnings in raffle (100,000 x 20%)
Dividend from C Corp. (6,000 x 10%)
Total final withholding tax
4. ANSWER: B
Interest on long-term bank deposit
Winnings in lotto
13th month pay
Life insurance benefits
Loan benefits - SSS
Total income exempt from income tax
0
5,000
40,000
2,400
20,000
600
23,000
40,000
20,000
3,500
150,00
0
20,00
0
233,50
0
EXERCISE 6 - 3
Resident
or citizen
20%
NRA
ETB
20%
Tax table
20%
20%
10%
Tax table
20%
Exempt
20%
Exempt
5%
10%
10%
Not taxable
20%
20%
10%
Tax table
20%
Exempt
20%
Exempt
5%
20%
20%
7.5%
Exempt
INCOME
1. Interest on bank deposit with Banco de
Oro- Php
2. Interest on bank deposit with a bank in the
United States in U.S. dollar
3. Earnings from interest on money market
4. Royalties on inventions
5. Royalties on books
6. Prizes amounting to P7,500
7. Prizes amounting to P20,000
8. Winnings in lotto Philippines
9. Winnings in lottery
10. Interest on long-term investment
11. Interest on deposit for 4 years
12. Cash dividends domestic corp.
13. Share of partner in net income of taxable
partnership
14. Interest income under expanded foreign
currency deposit system
EXERCISE 64.1
1.
ANSWER:
Under the Tax Reform Act, only resident citizens are taxable on
income derived from sources within and without the Philippines. All
others are taxable on income within only.
EXERCISE 64.2
INCOME
RC
YES
RA,
NRC
YES
Phils.
2. Rent on apartment in
YES
Canada
3. Dividend-domestic
corporation
4. Dividend-foreign corporation
5. Lotto winnings in the Phils.
6. Lotto winnings in U.S.A.
7. Cash prize on contest, Phils.
8. Cash prize on contest, U.S.A.
9. Interest, bank deposit in
NRA(ETB)NRA(NETB)
YES
YES
NO
NO
NO
YES
YES
YES
YES
YES
NO
YES
YES
YES
YES
NO
NO
NO
YES
NO
NO
NO
NO
NO
NO
NO
NO
YES
YES
NO
NO
NO
NO
U.S.A.
10. Interest bank deposit Phils.
YES
YES
YES
Problem 6
4.3
1.
ANSWER: C
Taxpayer is resident citizen.
Compensation income, Philippines
120,00
0
350,00
0
5,000,0
00
5,470,0
00
220,00
0
3,750,00
0
50,000
25,000
Taxable income
Tax on P500,000
925,000 x 32%
Income tax due
Less: Withholding tax
Income tax payable
2.
3,970,0
00
1,500,0
00
75,0
00
1,425,0
00
125,000
296,000
421,000
10,000
411,200
ANSWER: C
Total final taxes paid:
Dividend from a domestic
company
Final tax rate
Share in income of business
partnership
Final tax rate
Total final tax
40,00
0
10%
50,00
0
10%
4,000
5,000
9,000
YES
3.
ANSWER: A
Resident citizen opted to avail
of OSD.
Compensation income
Business income, Philippines
Business income, Canada
($200,000 x 25)
Total
Less: Optional deductions
(5,350,000 x 40%)
Net income
Less: Basic personal exemption
Taxable income
4.
120,00
0
350,00
0
5,000,00
0
5,350,00
0
2,140,00 3,210,00
0
0
3,330,0
00
50,0
00
3,280,0
00
ANSWER: B
Taxpayer is a resident alien.
Compensation income, Philippines
120,0
00
350,00
0
470,00
0
220,00
0
250,00
0
50,00
0
100,000
150,00
0
100,00
0
ANSWER: A
Taxpayer becomes a
nonresident citizen.
Net income within
250,00
ANSWER: B
Nonresident alien ETB.
Business income, Philippines
Less: Expenses, Philippines
Net income
Less: Personal exemption (lower)
Taxable income
7.
350,0
00
220,00
0
130,00
0
40,00
0
90,00
0
ANSWER: D
Taxpayer is NRA NETB.
Business income, Philippines
Dividend from a domestic
company
Shares in net income of a
partnership
Gross income
Rate
Final tax
8.
0
50,0
00
200,00
0
ANSWER: D
Lotto winnings
Proceeds of life insurance
Total exemption
350,0
00
40,000
50,00
0
440,00
0
25%
110,00
0
1,540,0
00
250,0
00
1,790,0
00
ANSWER:
The term gross income means total sales, less cost of goods sold
plus any income from investments and from incidental or outside
operations or sources.
Deductions should not be made for items not ordinarily used in
computing the cost of goods sold.
PROBLEM 6-5.3
1.
ANSWER: A
Salary (99,000 + 5,000)
Professional income (83,000 + 7,000)
Gross income, business
Total
Less: Professional and business expenses
104,00
0
90,00
0
125,00
0
215,00
0
56,50
0
50,00
0
50,000
Taxable income
Tax on P 140,000
82,500 x 25%
Income tax due
22,50
0
20,625
43,125
158,50
0
60,00
0
322,50
0
100,00
0
222,50
0
ANSWER:
15,000
28,125
Salary
104,00
0
P
125,00
0
60,000
90,00
0
275,00
0
110,00
0
50,0
00
50,000
Taxable income
Tax on P 140,000
29,000 x 25%
Income tax due
Less: Withholding tax
Income tax payable
165,00
0
269,00
0
100,00
0
169,00
0
22,5
00
7,250
29,750
15,000
14,750
PROBLEM 6-5.4
1. ANSWER:
87,600
50,000
25,000
75,000
12,600
150,00
0
60,000
90,000
50,000
40,000
ANSWER:
ANSWER:
ANSWER:
ANSWER:
ANSWER:
ANSWER:
ANSWER:
ANSWER:
ANSWER:
ANSWER:
ANSWER:
50,00
0
Additional exemptions:
Legitimate child
Illegitimate child (recognized
natural child)
Total
2.
ANSWER:
25,0
00
25,0
00
50,00
0
100,0
00
ANSWER:
64,000
100,000
164,000
ANSWER: C
Basic personal exemption
Additional exemption (25,000 x 3)
Total personal exemptions
5.
50,00
0
50,00
0
50,000
75,000
125,000
ANSWER: D
Professional fees
Allowances
180,000
24,000
Total
Less: Expenses
Salaries
Traveling expenses
Office supplies
Rent expense
Taxable income before exemption
Less:
Personal exemption (50,000
+[25,000 x 3])
Taxable income
6.
Additional (25,000 x 4)
Taxable income
96,000
108,000
125,000
.
220,000
50,00
0
100,0 150,000
00
70,000
Answer: C
Gross compensation income
Less: Personal exemptions
Basic personal
Additional (25,000 x 2)
Taxable income
8.
36,00
0
20,00
0
4,000
36,00
0
Answer: A
Gross compensation income
Less: Personal exemptions
Basic personal
7.
204,000
220,000
50,00
0
50,00 100,000
0
120,000
Answer: C
Upin
Balbal
Total additional exemption
25,000
25,000
50,000
ANSWER:
ANSWER:
The tax base for resident citizens, resident aliens, and nonresident
citizens is taxable income, while nonresident aliens NETB are taxed on
the entire gross income derived from sources within the Philippines.
4.
ANSWER:
5.
ANSWER:
ANSWER:
ANSWER: C
Interest (taxpayer is NRA ETB)
64,00
0
1.
ANSWER:
68.1.
PREMIUM
PAYMENTS
HOSPITALIZATION INSURANCE
ON
HEALTH
AND/OR
ANSWER:
3.
ANSWER:
200,0
00
50,000
25,000
2,400
77,40
0
122,6
00
EXERCISE 6.8.2
Case
1:
Case
2:
Case
3:
Case
4:
EXERCISES 6-9
1.
ANSWER:
ANSWER: D
None. Nonresident citizens are taxable only on income within.
3.
ANSWER: D
Gross compensation income
Less: Personal exemptions
Basic personal (head of family)
Additional (25,000 x 3)
157,75
6
50,000
75,000
Taxable income
Tax on P 30,000
2,756 x 15%
Income tax due
4.
125,00
0
32,756
2,500.00
413.40
2,913.40
ANSWER: C
Compensation income
Add: Professional income
Less: Expenses
53,00
0
350,000
140,000
Total
Less: Exemptions
Basic personal
Additional
50,000
25,000
Taxable income
Tax on P140,000
48,000 x 25%
Income tax due
5.
ANSWER: D
Refer to the solution to Problem 6.
6.
ANSWER: A
Total
75,00
0
188,00
0
22,500
12,000
34,500
210,00
0
263,00
0
216,00
0
18,000
15,000
33,000
30,000
3,00
0
219,00
0
50,00
0
169,00
0
Taxable income
Tax on P 140,000
29,000 x 25%
Income tax due
Less: Withholding tax
Income tax payable
7.
22,500
7,250
29,750
25,000
4,750
ANSWER: D
Gross income, restaurant
900,00
0
160,00
0
1,060,0
00
459,000
50,000
25,000
Taxable income
8.
534,00
0
526,00
0
ANSWER: A
Basic salary
Cost of living allowance
Hazard pay
210,549
.76
6,000.00
3,600.00
P156,890.0
0
67,500.00
9,600.
00
220,149
.76
89,390
.00
309,539
.76
50,000
.00
259,539
.76
Tax on P 250,000
9,539.76 x 30%
Income tax due
Less: Withholding tax on wages
Income tax payable
9.
50,000.00
2,861.93
52,861.93
27,609.50
25,252.37
ANSWER: B
Business income, Phils., 1/1 - 4/30
Less: Expenses, Phils.
Business income, Phils., 5/1 - 12/31
540,000
Less: Expenses, Phils.
247,500
Professional income
Dividend from foreign corporation (1,500 x 60)
40,000
17,000
292,5
00
22,50
0
90,00
0
Total
Less: Personal exemption
Taxable income
Tax on P 250,000
128,000 x 30%
Income tax due
10
.
23,000
405,000
428,000
50,000
378,000
50,0
00
38,40
0
88,40
0
ANSWER: B
Gross compensation income (210,438.24 +
6,000)
Less: Personal exemptions
Basic personal
Additional
216,438.
24
50,000.
00
75,000.
00
Taxable income
Tax on P 70,000
21,438.24 x 20%
Income tax due
8,500.0
0
4,287.
65
12,787.
125,000
.00
91,438.
24
65
27,246.
40
(14,458.
75)
ANSWER: B
Basic salary (48,465.25 + 2,500)
50,965.2
5
50,000.0
0
965.25
48.26
( 431.
45)
( 383.
19)
ANSWER: B
Income tax due of Alex
(14,458.7
5)
( 383.1
9)
(14,841.
94)
ANSWER: A
Gross compensation income
Less: Personal exemptions
Basic personal
Additional (25,000 x 2)
Taxable income
14
.
220,00
0
50,00
0
50,000
100,0
00
120,000
ANSWER: C
Gross compensation income
200,00
0
50,00
0
50,000
100,000
100,000
Answer: B
Salary - 1/1 to 6/30 (P8,000 x 6)
Add: Proceeds of insurance
Less: Premium payments (P5,000 x 20)
Gross income
Less: Personal exemption
Taxable income
48,000
500,00
0
100,000
400,000
448,000
50,000
398,000
EXERCISE 6-10.
The petition has merit.
Cooperatives are not required to withhold taxes on interest from savings and time deposits of their
members based on a BIR Ruling.
There is nothing in the ruling to suggest that it applies only when deposits are maintained in a bank.
Rather, the ruling clearly states, without any qualification, that since interest from any Philippine currency bank
deposit and yield or any other monetary benefit from deposit substitutes are paid by banks, cooperatives are
not required to withhold the corresponding tax on the interest from savings and time deposits of their
members. This interpretation was reiterated in BIR Ruling [DA-591-2006] dated October 5, 2006, which was
issued by Assistant Commissioner James H. Roldan upon the request of the cooperatives for a confirmatory
ruling on several issues, among which is the alleged exemption of interest income on members deposit (over
and above the share capital holdings) from the 20% final withholding tax. In the said ruling, the BIR opined
that:
xxxx
3. Exemption of interest income on members deposit (over and above the share capital holdings) from
the 20% Final Withholding Tax.
The National Internal Revenue Code states that a final tax at the rate of twenty percent (20%) is
hereby imposed upon the amount of interest on currency bank deposit and yield or any other monetary
benefit from the deposit substitutes and from trust funds and similar arrangement x x x for individuals
under Section 24(B)(1) and for domestic corporations under Section 27(D)(1). Considering the
members deposits with the cooperatives are not currency bank deposits nor deposit substitutes, Section
24(B)(1) and Section 27(D)(1), therefore, do not apply to members of cooperatives and to deposits of
primaries with federations, respectively.
Given that petitioner is a credit cooperative duly registered with the Cooperative Development
Authority (CDA), Section 24(B)(1) of the NIRC must be read together with RA 6938, as amended
by RA 9520.
Under Article 2 of RA 6938, as amended by RA 9520, it is a declared policy of the State to
foster the creation and growth of cooperatives as a practical vehicle for promoting self-reliance and
harnessing people power towards the attainment of economic development and social justice. Thus,
to encourage the formation of cooperatives and to create an atmosphere conducive to their growth
and development, the State extends all forms of assistance to them, one of which is providing
cooperatives a preferential tax treatment.
The legislative intent to give cooperatives a preferential tax treatment is apparent in Articles
61 and 62 of RA 6938, which read:
ART. 61. Tax Treatment of Cooperatives. Duly registered cooperatives under this Code which
do not transact any business with non-members or the general public shall not be subject to any
government taxes and fees imposed under the Internal Revenue Laws and other tax laws. Cooperatives
not falling under this article shall be governed by the succeeding section.
ART. 62. Tax and Other Exemptions. Cooperatives transacting business with both members and
nonmembers shall not be subject to tax on their transactions to members. Notwithstanding the provision
of any law or regulation to the contrary, such cooperatives dealing with nonmembers shall enjoy the
following tax exemptions; x x x.
This exemption extends to members of cooperatives. It must be emphasized that
cooperatives exist for the benefit of their members. In fact, the primary objective of every
cooperative is to provide goods and services to its members to enable them to attain increased
income, savings, investments, and productivity. Therefore, limiting the application of the tax
exemption to cooperatives would go against the very purpose of a credit cooperative. Extending
the exemption to members of cooperatives, on the other hand, would be consistent with the intent
of the legislature. Thus, although the tax exemption only mentions cooperatives, this should be
construed to include the members.
All told, we hold that petitioner is not liable to pay the assessed deficiency withholding taxes
on interest from the savings and time deposits of its members, as well as the delinquency interest
of 20% per annum.
In closing, cooperatives, including their members, deserve a preferential tax treatment
because of the vital role they play in the attainment of economic development and social justice.
Sadi natapos
CHAPTER 7
EXERCISES 7 1
1 a. By contributing P100,000 each with the intention of dividing
.
whatever profit is obtained, Atienza, Bauzon and Carmona have
formed a business partnership which is taxable as a corporation. The
registration with the Securities and Exchange Commission is not an
indispensable requisite in its formation.
In this case, the business organization formed will fall under the
phrase partnership no matter how created or organized, which is
included in the definition of a corporation.
b. The business organization formed is a corporation. The five
entrepreneurs served as the incorporators.
c.
Classification
a. Domestic corporation
b. Resident foreign
corporation *
c. Nonresident foreign
corporation
Situs of Income
Tax Base
Within and
without
Within only
Taxable
income
Taxable
income
Gross
income
Within only
Domestic corporation
Sales domestic
Sales abroad
Gross sales
Less: Cost of goods
sold
Gross income
Less: Expenses
Domestic
Foreign
Total expenses
Taxable income
Rate
2008
2009
3,000,0
00
7,000,
000
10,000,
000
5,000,
000
5,000,0
00
3,000,0
00
7,000,
000
10,000,
000
5,000,
000
5,000,0
00
1,000,0
00
2,000,0
00
3,000,0
00
2,000,0
00
35
1,000,0
00
2,000,0
00
3,000,0
00
2,000,0
00
30
Income tax
b
.
%
600,00
0
3,000,0
00
1,500,0
00
1,500,0
00
1,000,0
00
500,000
35
%
175,00
0
3,000,0
00
1,500,0
00
1,500,0
00
1,000,0
00
500,000
30%
3,000,0
00
400,00
0
3,400,0
00
35
%
1,190,0
00
3,000,0
00
400,00
0
3,400,0
00
30
%
1,020,0
00
Resident foreign
corporation
Sales domestic
Less: Cost of goods sold (3/10 x
5,000,000)
Gross income
Less: Expenses on domestic
sales
Taxable income
Rate of tax
Income tax
c
.
%
700,00
0
150,000
Nonresident foreign
corporation
Sales domestic
Yield from deposit
substitute
Gross income
Rate
Income tax
5,000,0
00
4,700,0
00
Taxable income
Rate
Normal income tax
Less: Minimum income tax (5,000,000
x 2%)
Excess MCIT
300,000
30
%
90,000
100,000
( 10,00
0)
The counting of the four (4) year period shall commence in 2006 a
year following the year in which the corporation was registered with the
BIR.
The corporation is not covered by the MCIT from 2005 to 2009. It
shall be covered only in 2010 or on the 4 th year following the year in
which it was registered with the Bureau of Internal Revenue.
5
.
Gross sales
Sales returns and discounts
Cost of goods sold
Total
Net
Add: Capital gain
Gross income
Less: Deductions
Taxable income
Rate of tax
Normal Income tax
MCIT:
2007 (3,550,000 x 2%)
2008 (4,455,000 x 2%)
2009 (1,390,000 x 2%)
2007
2008
2009
4,580,0
00
200,00
0
860,0
00
1,060,0
00
3,520,0
00
30,0
00
3,550,
000
3,480,4
00
69,600
5,250,0
00
175,00
0
620,0
00
795,0
00
4,455,0
00
2,850,0
00
295,00
0
1,200,0
00
1,495,0
00
1,355,0
00
35,0
00
1,390,
000
850,0
00
540,00
0
30
%
162,00
0
35
%
24,360
.
4,455,0
00
4,200,0
00
255,00
0
35
%
89,250
71,000
89,100
.
27,80
0
Income tax
Excess MCIT 2007 (71,000
24,360)
Less: Carry forward of excess
MCIT
Income tax payable
6 a
. .
71,00
0
46,64
0
71,00
0
Sales
Sales returns and allowances
Sales discounts
Purchases
Freight-in
Purchase returns and
allowances
Purchase discounts
Goods available for sale
Inventory, December 31
Gross income
Less: Operating expenses
Taxable income
Rate of tax
Normal Income tax
b MCIT (3,787,000 x 2%)
.
c
162,00
0
46,64
0
42,61
0
______
6,000,0
00
200,00
0
15,00
0
Net sales
Less: Cost of goods sold
Inventory, January 1
89,250
2,400,0
00
1,500,0
00
35,000
( 30,00
0)
(
7,00
0)
3,898,0
00
1,900,0
00
215,0
00
5,785,0
00
1,998,0
00
3,787,0
00
1,600,0
00
2,187,0
00
35
%
765,4
50
75,7
40
765,4
162,00
0
50
7 Gross sales
.
Less: Cost of sales
2,000,
000
1,600,
000
400,00
0
Gross income
Less:
Optional
deduction
Gross income
Rate
standard
400,000
40%
160,00
0
240,00
0
a
.
b
.
If the income from unrelated activity is more than the income from
related the Arts University would be subject to a tax rate of 35% until
2008 and 30% effective 2009.
9
.
2006
a
.
50,000
50,0
00
15,000
15,0
00
65,000
65,0
00
a
.
The corporation is not allowed to carry forward and credit the 2006
excess MCIT against the income tax liability for 2007, since the 2007
MCIT is greater than the normal income tax for said year.
b
.
85,000
85,000
15,000
15,000
100,00
0
Cash in bank
100,00
0
2008
The corporation is not allowed to carry forward and credit the
2006 and 2007 excess MCIT against the normal income tax liability for
2008 and 2009 since the 2008 and 2009 MCIT are greater than the
Normal Income Tax for said year.
The accounting entries in 2008 and 2009 shall be similar to
2006 and 2007 above.
For taxable year 2010 when the expired portion of excess MCIT
(65,000 50,000) for taxable year 2006 is closed to Retained
Earnings account due to its non-application the entry is:
Retained earnings
Deferred charges MCIT
10
.
1
.
Tuition fees
School canteen
Dormitories
Bookstores
Car stickers
Total
15,000
15,000
1,560,0
00
250,000
95,000
48,000
8,30
0
1,961,3
00
11
.
2
.
3
.
a
.
Gross receipts
4,500,0
00
1,200,0
00
3,300,0
00
680,0
00
2,620,0
00
35
%
917,0
00
Taxable income
2,620,0
00
75,000
42,00
0
2,737,0
00
375,000
917,000
15,000
8,400
1,500,0
00
2,815,4
00
( 78,4
00)
110,000
100,000
10,000
5%
500
EXERCISES 72
72.1
1.
ANSWER: A
2.
ANSWER: C
3.
Answer: D
For purposes of MCIT, the taxable year in which business
operations commenced shall be the year in which the domestic
corporation is registered with the Bureau of Internal Revenue.
Firms registered with BIR in any year shall be covered by MCIT
after the lapse of three calendar years.
The corporation is registered with BIR in 2004. Therefore, it shall
be subject to MCIT effective 2008.
4.
ANSWER: D
Gross income
Less: Deductions
Taxable income
Rate of tax
Normal income tax
MCIT (P852,000 x 2%)
Income tax payable (higher)
5.
Answer: C
Gross income
Less: Deductions
Taxable income
Rate of tax
852,
000
800,00
0
52,000
30
%
15,600
17,040
17,040
632,00
0
610,00
0
22,000
35
%
7,70
0
12,640
12,640
1.
2.
3.
ANSWER: C
Minimum Corporate Income Tax
Less: Normal income tax
Excess of MCIT over NIT
50,000
20,000
30,000
Entry:
Deferred charges - MCIT
Income tax payable
30,000
ANSWER: A
Retained earnings
Deferred charges - MCIT
30,000
ANSWER: B
2005
2006
2007
Total excess of MCIT over NIT
Journal entry:
Income tax payable
Deferred charges MCIT
30,000
30,000
27,000
5,000
10,000
42,000
42,000
42,000
PROBLEM 7-2.3:
1. ANSWER: B
Income tax, 1st Qtr (NIT higher)
Less: Taxes withheld Prior year
Taxes withheld 1st qtr
Excess MCIT prior year
Income tax due, 1st Qtr (normal
income tax)
2.
100,00
0
10,000
20,000
30,000
ANSWER: B
Income tax, 2nd Qtr (MCIT higher)
Less: Taxes withheld Prior year
Taxes withheld 1st qtr
60,000
40,000
330,00
0
10,000
20,000
30,000
40,000
Qtr
Income tax due, 2nd Qtr MCIT
3.
ANSWER: C
Income tax, 3rd Qtr (NIT higher)
Less: Taxes withheld Prior year
Taxes withheld 1st qtr
Taxes withheld 2nd qtr
Taxes withheld 3rd qtr
Net income tax payment 1st
Qtr
MCIT paid in the 2nd Qtr
Excess MCIT in prior year
470,00
0
10,000
20,000
30,000
40,000
40,000
230,000
30,000
ANSWER: C
Annual income tax (NIT higher)
Less: Taxes withheld Prior year
Taxes withheld 1st qtr
Taxes withheld 2nd qtr
Taxes withheld 3rd qtr
Taxes withheld 4th qtr
Net income tax payment 1st
Qtr
Net income tax payment 3rd
Qtr
MCIT paid in the 2nd Qtr
Excess MCIT in prior year
10,000
20,000
30,000
40,000
35,000
40,000
70,000
230,000
30,000
ANSWER: A
Annual income tax (MCIT higher)
Less: Taxes
Taxes
Taxes
Taxes
Taxes
withheld
withheld
withheld
withheld
withheld
Prior year
1st qtr
2nd qtr
3rd qtr
4th qtr
400,00
0
70,00
0
670,00
0
100,00
0
230,00
0
505,00
0
165,0
00
550,00
0
10,000
20,000
30,000
40,000
35,000
40,000
70,000
Qtr
Qtr
MCIT paid in the 2nd Qtr
230,000
EXERCISE 73
1. ANSWER: A
Gross income
Less: Deductions
Expenses
NOLCO
2,950,0
00
1,750,0
00
300,00
0
Taxable income
Rate of tax
Income tax due
2.
ANSWER: D
Taxable income
Add: Interest on bank deposit
(16,000/80%)
Proceeds of insurance
NOLCO
Dividends from ABB
2,050,0
00
900,000
35
%
315,00
0
900,000
20,000
1,200,0
00
300,00
0
75,00
0
Total
Less: Dividends paid
Income tax paid
Interest on bank deposit
(20,000 16,000)
Improperly accumulated taxable
income
Rate
475,00
0
75,0
00
500,000
315,000
4,000
1,595,0
00
2,495,0
00
819,00
0
1,676,0
00
10
%
167,60
0
3.
4.
5.
ANSWER: D
ANSWER: D
ANSWER: C
PROBLEM
7-
4.1
1 ANSWER:
.
Gross income
11,230,0
00
Less: Expenses
Salary, allowances and bonus
6,400,000
Other operating expenses
2,600,000
Depreciation of additional school
facilities:
Classrooms (1,300,000/20 x 48,750
9/12)
Furniture & equipment
10,0
(400,000/20 x 6/12)
00
Taxable income
Rate of tax
Income tax
2.
ANSWER: D
Tuition fees
9,500,00
0
1,200,00
0
350,000
180,00
0
11,230,0
00
Miscellaneous fees
Income of bookstore
Income of school canteen
Gross income
Less: Expenses
Salary, allowances and
bonus
Other operating expenses
Construction of additional
classrooms
Furniture and equipment
Taxable income
9,058,75
0
2,171,25
0
10%
217,12
5
6,400,000
2,600,000
1,300,000
400,000
10,700,0
00
530,000
Rate of tax
10
%
53,00
0
Income tax
3.
ANSWER: B
A public elementary school is also a government educational
institution. They are exempt from income tax under Sec. 30 of the
National Internal Revenue Code.
A non-stock, non-profit educational institution is exempt from
tax under Article XIV, Sec. 4[3], [4] of the Constitution.
A non-profit educational institution is subject to an income tax
rate of 10%.
4.
ANSWER:
PROBLEM 74.2
1. ANSWER: A
Gross income
Less: Deductions
Operating expenses
Cost of building
10,000,0
00
6,400,0
00
2,500,0
00
Taxable income
Rate of tax
Income tax due
2.
ANSWER: C
Gross income
Less: Deductions
Operating expenses
Depreciation(2,500,000/50x6/
12)
Taxable income
Rate of tax
Income tax due
8,900,00
0
1,100,00
0
10%
110,00
0
10,000,0
00
6,400,0
00
25,00
0
6,425,00
0
3,575,00
0
10%
357,50
0
3.
ANSWER: B
The importation of laboratory equipments are exempt from customs
duties if the school is a private educational institutions.
The school building, even if rented only by the school, if being used
actually, directly and exclusively for educational purpose is exempt from
real property tax.
The portion of the school building is subject to real estate tax
because it is not being used actually, directly and exclusively for
educational purpose.
The income from operation is taxable. Only income received by nonstock non-profit educational institutions and government educational
institutions are exempt.
4.
ANSWER:
EXERCISES 7 5
PROBLEM 75.1.
1. ANSWER: A
Gross income, Philippines
Less: Expenses, Philippines
Gross income, U.S.A.
Less: Expenses, USA
Royalties, USA
Taxable income
Rate of tax (2008)
Income tax
2.
P
740,00
0
425,00
0
690,00
0
450,00
0
P
315,00
0
240,00
0
50,00
0
605,00
0
35%
211,75
0
ANSWER: C
Gross income, Phils.
Less: Expenses
Taxable income
Rate of tax (2008)
740,00
0
425,00
0
315,00
0
35%
Income tax
3.
110,25
0
ANSWER: A
Gross income, Philippines
740,00
0
10,00
0
750,00
0
35%
262,50
0
ANSWER: A
PROBLEM 7
5.2
ANSWER: D
Gross income, Phils.
Less: Deductions
Gross income, USA
Less: Deductions
Taxable income
Rate (2009)
Income tax
PROBLEM 7
5.3
ANSWER:
60,00
0
30,000
120,00
0
30,00
0
150,00
0
30%
45,000
200,00
0
80,000
2,800,0
00
1,300,0
00
1,500,0
00
35
%
525,0
00
PROBLEM 7
5.4
1. ANSWER: B
Gross income, Philippines
Less: Expenses, Phils.
Gross income, U.S. ($125,000 x P40)
P5,000,000
Less: Expenses, U.S. ($62,000 x P40)
2,480,000
Gross income, HK ($345,000/5x40)
2,760,000
Less: Expenses, HK ($230,000/5 x 40)
1,840,000
Taxable income
Rate of tax
Income tax
2.
2,520,0
00
920,00
0
3,440,0
00
3,840,0
00
30
%
1,152,0
00
1,200,0
00
800,00
0
400,000
30%
120,000
ANSWER: D
Gross income, Philippines
Rate of tax
Final tax
400,00
0
ANSWER: C
Gross income, Philippines
3.
1,200,000
800,000
1,200,0
00
30
%
360,00
0
ANSWER: A
Gross income
Rate of tax
1,200,0
00
2.5
%
Income tax
5.
30,00
0
ANSWER: B
Gross income, Philippines
Less: Expenses, Philippines
Taxable income
Rate of tax
Income tax
Amount remitted to mother company
(400,000 - 120,000)
Rate of tax
Branch profit remittance tax
6.
1,200,0
00
800,00
0
400,000
30
%
120,00
0
280,000
15%
42,000
ANSWER: A
Exempt from branch profit remittance tax.
7.
ANSWER: B
Gross income
Rate of tax
Final tax
8.
1,200,0
00
25
%
300,00
0
ANSWER: B
Gross income
Rate of tax
Final tax
EXERCISE 7 6
1. ANSWER: A
2.
ANSWER:
3.
ANSWER: B
1,200,0
00
4.5
%
54,00
0
ANSWER: C
Net income after tax
Royalty
Dividend
Total
Less: Branch profit remittance tax
Amount to be remitted to head office
5.
ANSWER: B
6.
ANSWER: D
40,000,0
00
15%
6,000,00
0
40,000,0
00
3,500,00
0
4,000,0
00
47,500,0
00
6,000,0
00
41,500,0
00
ANSWER:
8.
ANSWER: C
All assets of a non-stock non-profit educational institution are
exempt from customs duties on importation.
ANSWER: B
Cuentas en participacion is considered as a corporation subject to
corporate tax.
General professional partnerships and co-ownerships are not subject
to income tax.
A joint venture which is formed for the purpose of undertaking
energy operations with the government are exempt from tax.
2.
ANSWER: A
An individual permanently residing in the Philippines is classified as
resident regardless of whether he is a citizen or not.
3.
ANSWER: D
Domestic corporations and resident foreign corporations are taxed
based on taxable income.
Non-profit cemeteries are exempt from income tax.
Nonresident foreign corporations are not allowed to claim deductions
for purposes of income taxation. They are taxed based entirely on gross
income derived from sources within the Philippines.
4.
ANSWER:
5.
ANSWER: D
6.
ANSWER: D
Dividends received by individuals from a domestic company are
subject to final tax of 10%.
The rule on tax sparing credit applies only when the dividends are
received by nonresident foreign from a domestic corporations.
7.
ANSWER: B
Sales (2,968,000 /112%)
P2,650,
000
1,725,0
00
925,000
345,000
450,000
795,000
130,000
35%
45,500
Excess income taxes paid in a year that could not be applied as tax credit to
taxes due the following year may be refunded the next year.
Thus, if the excess income taxes paid in 2005 have not been entirely used by
a taxable corporation against its quarterly income tax liabilities for 2006, the
unused amount of the excess may still be refunded, provided that the claim
for such a refund is made within two years after payment of the tax.
13,929,793.
51
4,187,523.0
0
13,929,793.
51
9,742,270.5
1*
* Claim for refund should be made not later that April 15, 2007.