Professional Documents
Culture Documents
Allowable Deductions Itemized Deductions (Sec 34, NIRC)
Allowable Deductions Itemized Deductions (Sec 34, NIRC)
Allowable Deductions Itemized Deductions (Sec 34, NIRC)
DEDUCTIONS
Itemized
Deductions
(Sec
34,
NIRC)
10%
Optional
Standard
Deductions
(OSD)
(Sec
34
(L),
Amended
pursuant
to
RA
9504,
07
Jul
2008,
now
40%,
includes
corporation
Allowed
only
to
citizens
and
resident
aliens
engaged
in
business
or
profession
No
need
to
support
expenses
Election
irrevocable
for
the
year
Unless
indicated,
itemized
is
deemed
elected
Premiums
on
medical
&
hospitalization
(Sec
34
M)
Personal
Exemptions
(Sec
35)
Personal
and
additional
exemptions
Not
allowed
to
claim
deductions
Individuals
receiving
compensation
income
(except
premiums
on
medical
/
hospitalization
subject
to
limitations
and
personal
and
additional
exemptions)
Non-‐resident
aliens
not
engaged
in
trade
or
business
Aliens
(also
Filipinos
similarly
situated)
employed
in
ROHQ,
AHQ,
OBU,
Petroleum
contractors
Non-‐resident
Foreign
Corporations
Income
subject
to
Final
Tax
Itemized
Deductions
(Sec
34)
There
must
be
a
law
allowing
them
(Atlas
Consolidated
Mining
v.
CIR
102
SCRA
246)
Requisites:
Ordinary,
necessary,
reasonable,
not
against
law,
etc
Ordinary
and
necessary
means
reasonable
It
appeared
sale
of
property
was
effected
by
a
broker
hence
bonus
to
company
officer
disallowed
(Aguinaldo
v.
CIR,
112
SCRA
136,
1982)
Fees
paid
to
broker
to
induce
investors
are
reasonable
and
deductible
(On
the
substantive
issue,
SC
allowed
the
deduction
as
reasonable
citing
Rev
Reg
No.
2.
It
is
worth
noting
at
this
point
that
most
of
the
payees
were
not
in
the
regular
employ
of
Algue,
nor
were
they
its
controlling
stockholders.
The
Solicitor
General
is
correct
when
he
says
that
the
burden
is
on
the
taxpayer
to
prove
the
validity
of
claimed
deduction.
In
the
present
case,
however,
we
find
that
the
onus
has
been
discharged
satisfactorily.
The
private
respondent
has
proved
that
the
payment
of
the
fees
was
necessary
and
reasonable
in
the
light
of
the
efforts
exerted
by
the
payees
in
inducing
investors
and
prominent
businessmen
to
venture
in
an
experimental
enterprise
and
involve
themselves
in
a
new
business
requiring
millions
of
pesos.
This
was
no
mean
feat
and
should
be,
as
it
was,
sufficiently
recompensed
[see
Algue
case,
supra]
Must
be
connected
with
business,
except:
Contributions
/
donations
Premium
on
health
/
hospitalization
These
are
allowed
to
corporations,
individuals,
partnerships
Must
be
incurred
during
the
year,
[CIR
v.
Isabela
Cultural
Corp,
GR
No.
172231,
12
Feb
2007]
–
All
events
test
applied
in
determining
whether
expenses
booked
on
accrual
basis
should
be
claimed
as
deductible
expense]
Must
be
substantiated
(ESSO
v.
CIR
175
SCRA
149
(1989)],
see
Cohan
Rule
–
there
is
showing
that
expenses
were
incurred
but
cannot
be
ascertained
due
to
absence
of
documentary
evidence
(RMC
23-‐2000)
RR
No.
6-‐2018
-‐
requirements
for
deductibility
of
certain
expenses,
RR
No.
11-‐2018
and
14-‐2018-‐
relative
to
withholding
of
Income
Tax
Subject
to
withholding
tax,
where
applicable
FEBTC
V.
CA,
CTA
&
BIR,
477
SCRA
49
(Dec
2005)
–
To
sufficiently
support
claims
for
tax
refund
of
excess
creditable
withholding
tax,
BIR
Form
1743
must
be
submitted,
Confirmation
Receipts
and
ITRs
are
not
sufficient.
Having
failed
to
do
so,
the
claims
were
correctly
denied.
Under
withholding
tax
system,
it
is
the
payor
who
withholds
the
tax
and
not
the
payee.
The
OR/CR
did
not
indicate
the
nature
and
amount
of
the
payment.
“The
findings
of
fact
of
the
CTA,
a
special
court
exercising
particular
expertise
on
the
subject
of
tax,
are
generally
regarded
as
final,
binding
and
conclusive
upon
this
Court,
especially
if
these
are
substantially
similar
to
the
findings
of
the
CA
which
is
normally
the
arbiter
of
questions
of
fact.
The
findings
shall
not
be
reviewed
nor
disturbed
on
appeal,
unless
a
party
can
show
that
these
are
not
supported
by
evidence
or
when
the
judgment
is
premised
on
a
misapprehension
of
facts,
or
when
the
lower
courts
failed
to
notice
certain
relevant
facts
which
if
considered
would
only
justify
a
different
conclusion.
Income
payments
to
registered
enterprises
availing
of
the
Income
Tax
Holiday
are
not
subject
to
Creditable
Withholding
Tax
[DA
030-‐2008
23
Jan
2008]
1) Barcelon,
Roxas
Securities
v.
CIR,
GR
No.
157064
07
Aug
2006
–
Assessed
for
deficiency
income
tax
for
failure
to
withhold
tax,
assessment
barred
by
prescription.
Specific
Deductions
Salaries,
bonuses,
emoluments,
allowances,
incentives,
Fringe
Benefits
Rental
(without
equity,
operating
lease)
Advertising
expenses
are
period
costs
deductible
in
the
year
incurred
or
paid.
However,
they
may
be
considered
capital
expenditures
if
so
substantial
in
promoting
a
single
brand
(CIR
v.
General
Foods,
401
SCRA
545)
Entertainment,
amusement,
recreation,
subject
to
ceiling
Travel
Expense
Excess
over
1st
class
not
deductible,
subject
to
FBT
Excess
over
fixed
allowance
$150
/
100
not
deductible,
taxable
to
employee
or
to
FBT
Home
leave
not
taxable
to
employee
Family
expenses
taxable
to
employee
to
be
deductible
to
employer
Meals
&
Housing
Generally
taxable
to
employee,
except
when
for
the
convenience
of
the
employer
or
form
part
of
Fringe
Benefits
of
the
employee
Cash
Advance
/
Reimbursement
system
Entertainment,
amusement
or
recreation
(EAR)
facilities
Directly
related
to
business
Directly
in
furtherance
of
business
Not
contrary
to
law,
etc
Ceiling,
½
%
or1%
of
Net
sales
or
net
revenues
Substantiation
in
the
name
of
taxpayer
&
subject
to
w/tax,
where
applicable
Only
one
athletic
club
per
officer
Guests
other
than
company
officers,
etc
Exclusions
from
EAR
Treated
as
compensation
or
Fringe
Benefit
Charitable
or
fund
raising
events
Bona
fide
business
meetings
of
directors,
etc
Business
league
or
professional
organization
meet
Promotion,
Ad
and
marketing
Shifting
to
other
accounts
to
hide
–prohibited
Separate
item
in
ITR
or
note
to
FS
Interest
–
Use,
forbearance
or
detention
of
money
[see
Rev
Reg
13-‐
2000,
20
Nov
2000
–
Requisites]
There
is
debt,
and
interest
is
agreed
in
writing
Paid
or
incurred
in
connection
with
business
during
the
year
Legally
due
Not
between
related
parties
Not
incurred
for
petroleum
operations
Not
capitalized
Limitations
on
interest
–
interest
is
reduced
by
41%
(42%
effective
01
Jul
2005);
39%
and
38%
of
interest
income
subject
to
final
w/tax
Interest
of
business
taxes
not
subject
to
limit
Although
cash
basis,
interest
paid
in
advance
deductible
only
in
the
year
debt
is
paid
in
full
or
correspondingly
to
amortized
principal
Taxes
Connected
with
trade
or
business,
except
Income
Tax
–
Local
[
Not
an
item
of
operating
expenses
because
it
does
not
help
generate
revenue,
nor
does
it
redound
to
benefit
of
customers,
thus
not
to
be
considered
in
fixing
rates
of
public
utility
(Republic
v.
Meralco,
GR
No.
141369,
14
Nov
2002)
Income
tax
paid
to
foreign
government
(tax
credit
/
deduction)
CIR
v.
Lednicky
11
SCRA
604
–
Partnership
Theory
–
the
right
to
tax
income
emanates
from
partnership
in
the
production
of
income
by
providing
protection,
resources,
incentives
and
climate
to
produce
income.
[Was
income
tax
paid
to
foreign
government
by
resident
alien
deductible
though
income
exclusively
came
from
the
Phils?
No.]
Gift
&
Estate
Tax
Special
Assessment
or
special
levy
under
the
Local
Govt
Code
[Real
Property
Taxation]
If
allowed,
as
deductible
and
subsequently
refunded,
Tax
Benefit
rule
applies
Limitations
on
tax
credit
CIR
v.
Central
Luzon
Drug
Corp
(Mercury)
456
SCRA
414
(2005)
–
20%
Senior
Citizens
discount
is
a
tax
credit
deductible
from
tax
liability
Losses
Fires,
shipwreck,
theft
other
casualties
Connected
with
trade
or
business
Not
compensated
by
insurance
or
otherwise
Not
claimed
in
the
estate
tax
return
Declared
within
30
to
90
days
with
BIR
NOLCO
–
Sec
34(D)(3)
(see
Rev
Reg
14-‐2001,
27
Aug
2001)
Losses
from
wash
sales
of
stock
&
securities
(Sec
38)
What
are
wash
sales
and
how
are
they
treated
for
income
tax
purposes?
Capital
losses
(Sec
39)
Bad
Debts
(See
Rev
Reg
No.
5-‐99,
10
Mar
1999,
as
amended
by
Rev
Reg
No.
25-‐2002,
19
Nov
2002
amending
Sec.
3
of
RR
No.
5-‐99)
Charged
off
during
the
year
(see
PRC
v.
CIR
256
SCRA
667)
Connected
with
business
Not
related
parties
Effort
to
collect
failed
Legal
debt
Power
of
attorney
for
operation
of
mining
claims
deemed
partnership;
write
off
of
bad
debts
not
warranted;
it
was
investment,
thus
not
debt;
alleged
debtor
has
not
filed
for
bankruptcy;
assumed
guaranteed
obligations
were
not
yet
due
–
Philex
Mining
v.
CIR
GR
No.
148187,
16
Apr
2008
Tax
Benefit
Rule
applies
Depreciation
Definition
–
Gradual
diminution
in
the
useful
service
value
of
tangible
property
used
in
business
(Basilan
Estates
Inc
v.
CIR,
21
SCRA
17,
1967
Methods
of
depreciation
[straight
line,
sum
of
years
digits,
etc]
Depletion
Definition
–
Exhaustion
of
natural
resources
like
mines,
oil
and
gas
wells
as
a
result
of
production
or
severance
from
such
mines
or
wells.
Charitable
&
Other
Contributions
Requisites
[
See
RR
13-‐98
and
Sec
13
(C)
of
RR
2-‐2003];
What
are
the
requirements
for
the
deductibility
of
donations
for
income
tax
purposes?
(Mariposa
Properties
Inc
v.
CIR,
CTA
Case
No.
6402,
13
Feb
2007)
In
deciding
on
the
BIR’s
disallowance
of
deduction
for
donations
made
to
a
private
foundation,
the
CTA
required
the
donor
to
prove
compliance
of
both
the
donor
and
the
donee
with
the
requirements
for
deductibility
of
donations.
Hence,
for
failure
of
the
donor
to
present
proof
that
the
foundation’s
income
tax
return
and
audited
financial
statements,
as
well
as
the
annual
information
report
of
the
foundation
were
submitted
to
BIR
as
required
in
the
regulations,
the
deduction
for
donations
was
disallowed.
Deductible
in
full
and
subject
to
limitations
Donations
by
PEZA
registered
entity
to
Province
of
Batangas
for
national
priority
project
of
NEDA
is
exempt
from
donor’s
tax,
deductible
in
full
and
not
subject
to
DST
[DA
026-‐2008,
22
Jan
2008]
Research
and
Development
Requisites
for
deductibility
Limitations
on
deductions
Pension
Trust
Contributions
Nature
and
requisites
Limitation
on
deduction
Excess
retirement
plan
assets
reverted
back
to
the
employer
company
is
subject
to
income
tax
[DA
020-‐2008,
17
Jan
2008]
Personal
Exemptions
(Sec
35)
Personal
and
Additional
exemptions
Status
&
amounts
–
RA
9504
dated
July
6,
2008
eliminated
the
status
of
an
individual
taxpayer.
Basic
personal
exemption
of
individual
taxpayer
is
P50,000
each
(both
spouses
are
entitled
provided
they
are
both
earning
income)
Qualified
dependents
at
P25,000
each,
maximum
of
4
See
Carmelino
Pansacola
v.
CIR,
GR
No.
15999,
16
Nov
2006
–
effectivity
of
increased
personal
exemptions
Change
in
status
Marriage
Birth
/
Death
Of
age
Gainfully
employed
See
Silverio
v.
Republic
of
the
Phils,
GR
No.
174689
22
Oct
2007
Items
not
deductible
(Sec
36)
Personal
and
living
expenses
Capital
Expenditures
Premium
on
insurance
where
beneficiary
is
the
payor
–taxpayer
Losses
between
related
parties
Special
provisions
re:
income
and
deductions
of
insurance
companies
(Sec
37)
Losses
from
Wash
Sales
of
Stock
or
securities
(Sec
38)
Capital
gains
and
losses
(Sec
39)
[See
Rev
Reg
No.
7-‐2003,
27
Dec
2003]
INCOME
TAX
TREATMENT
ON
THE
SALE
OR
EXCHANGE
OF
PROPERTY
(SEC
40)
General
rule
on
recognition
of
gain
or
loss
in
a
sale
or
exchange
of
property
Exceptions
Factors
relevant
to
determination
of
gain
or
loss
How
is
gain
or
loss
computed?
What
is
the
basis
to
be
used?
When
are
gains
recognized,
but
not
losses?
What
are
the
two
types
of
merger
or
consolidation
under
Sec
40?
What
are
the
tax
implications
of
merger,
consolidation
&
acquisition
of
80%
of
the
assets?
What
are
the
requisites
for
taxable
and
tax
free
transfer
of
property
resulting
to
majority
ownership
of
the
corporation?
When
stocks
or
securities
are
subsequently
sold,
how
are
gains
or
losses
computed?
Guidelines
on
Monitoring
of
Tax
–
Free
exchange
of
property
for
shares
[Rev
Reg
No.
18-‐2001]
Implementing
guidelines
of
Sec
40
[RMO
32-‐2001
&
RMO
17-‐2002]
Tax
consequences
of
tax-‐free
exchange
of
property
for
shares
of
stock
of
controlled
corporation
per
Sec
40
(C)(2)
[See
Rev
Memorandum
Ruling
No.
1-‐2001,
29
Nov
2001]
Tax
consequences
of
De
Pacto
Merger
re
Sec
40
(C)(2)
and
(6)(B)
[See
Rev
Memo
Ruling
No.
1-‐2002]
Determination
of
substituted
basis
of
property
transferred
and
shares
received
[See
Rev
Memo
Ruling
No.
2-‐2002];
CIR
v.
Rufino,
GR
No.
L-‐33665-‐68,
27
Feb
1987,
148
SCRA
42
–
[
tax
exempt
merger
of
two
corporations]
Delpher
Trades
Corp
v.
IAC,
157
SCRA
349,-‐
[tax
exempt
transfer
of
property
to
a
corporation
resulting
to
control]
CIR
v.
Benigno
Toda,
438
SCRA
290
(2004)
–
meaning
of
fraud;
tax
avoidance
/
evasion
See
De
Leon’s
NIRC
Annotated
Vol
1,
2003
ed
discussions
of
Sec
40.
How
are
inventories
treated?
(Sec
41)
Income
from
sources
within
the
Philippines
(Sec
42)
CIR
v.
BOAC
149
SCRA
395
–
Source
of
income
of
airlines
–
[
sale
of
airline
tickets
of
an
offline
carrier
considered
income
from
Phil
by
majority
of
SC;
source
rule
discussed;
minority
considered
airline
tickets
as
contract
of
carriage
or
service,
thus
situs
is
where
rendered;
characterization
becomes
moot
given
the
new
tax
provision
on
2
½
%
Phil
Gross
Billings
regardless
of
where
sold
or
paid
provided
cargo
or
passenger
originates
from
Phil]
NDC
v.
CIR,
151
SCRA
472
(1987)
–
Source
of
interest
income
–
[Exemption
strictly
construed;
Sec
37
(now
Sec
42)
–
Income
from
sources
within
the
Philippines
applied;
also
exclusions
from
gross
income.
Accounting
periods
and
accounting
methods
(Sec
43
to
50)
How
are
installment
and
deferred
payment
sales
treated
for
income
tax
purposes?
Accounting
Methods
(Sec
43)
What
accounting
methods
are
acceptable
to
BIR
What
are
accounting
periods
and
their
relevance
How
are
leases
treated
for
income
tax,
VAT
and
withholding
purposes?
Two
types
of
leases:
(1)
Full
payout
lease
–
it’s
treated
as
capital
lease
–
subject
to
VAT
the
full
amount
of
lease
and
to
2%
WT
if
payor
is
top
10,000
taxpayer;
also
subject
to
depreciation
on
the
part
of
the
lessee-‐buyer
and
(2)
FMV
or
residual
lease
–
treated
as
operating
lease,
the
monthly
rentals
are
subject
to
VAT
and
WT.
See
BIR
Ruling
No.
9-‐2007
and
Rev
Reg
19-‐86
Ericsson
v.
Pasig
City
538
SCRA
99,
22
Nov
2007-‐
Accrual
accounting
of
income;
financial
reporting
system;
gross
receipts
v.
gross
income;
double
taxation
explained;
question
of
law
v.
of
facts;
Rules
41,
45
and
56;
local
taxation.
Returns
and
Payments
for
individuals
and
corporations
[Sec
51
to
59]
What
returns
should
be
filed
Who
are
required
to
file
the
returns
When,
where
and
how
are
returns
filed
and
the
tax
paid
Effects
if
returns
are
not
file
don
time
or
not
at
all
What
happens
in
case
of
excess
creditable
withholding
for
corporation?
Philam
Asset
Management
Inc
v.
CIR
477
SCRA
761,
14
Dec
2005
–
Under
Sec
76
of
the
NIRC,
a
taxable
corporation
with
excess
quarterly
income
tax
payments
may
apply
for
either
a
tax
refund
or
a
tax
credit,
but
not
both.
The
choice
of
one
precludes
the
other.
Failure
to
indicate
a
choice,
however,
will
not
bar
a
valid
request
for
a
refund,
should
this
option
be
chosen
later
on.
[
1997
and
1998
ITR].
Issues
are:
“Whether
or
not
the
failure
of
the
petitioner
to
indicate
in
its
annual
income
tax
return
the
option
to
refund
its
creditable
withholding
tax
is
fatal
to
its
claim
for
refund”;
[NO]
and
“Whether
or
not
the
presentation
in
evidence
of
the
petitioner’s
annual
income
tax
return
for
the
succeeding
calendar
year
is
a
legal
requisite
in
a
claim
for
refund
of
unapplied
creditable
withholding
tax”
[NO]
But
if
it
is
clear
that
an
option
was
made
although
the
box
is
not
filled
up,
that
choice
shall
prevail.
[Narrated
history
of
recent
NIRC
amendments]
CIR
v.
Meralco,
535
SCRA
399,
10
Oct
2007
–
Filing
of
ITR
with
excess
payment
applied
for
credit
and
refund;
proof
required.
Note
the
amendments
to
the
law
applied
in
this
case
under
1986
NIRC
v.
1997
NIRC
provisions
Estates
and
Trusts
(Secs
60
to
66,
NIRC)
The
taxes
imposed
on
individuals
apply
to
income
of
estates
and
of
any
property
held
in
trust,
including:
Income
accumulated
in
trust
for
unborn
or
unascertained
persons
with
contingent
interest
or
for
future
distribution
according
to
the
terms
of
the
will
or
trust
Income
to
be
distributed
currently
by
fiduciary
to
beneficiaries,
and
income
collected
by
guardian
to
be
held
or
distributed
per
court
order
Income
received
by
estates
of
deceased
person
during
period
of
admin
or
settlement
proceedings
Trust
holding
employee
retirement
plan
is
not
taxable
subject
to
conditions
under
Sec
60(B).
Any
amount
received
by
said
employee
or
distribute
in
excess
of
his
contribution
is
taxable
to
him.
But
under
Sec
32
(B)(6)(a)
if
the
conditions
for
its
exclusion
are
present,
the
excess
may
also
be
exempt
from
income
tax.
Estate
–
refers
to
the
mass
of
property
[assets
and
liabilities]
left
by
a
decedent
Taxable
as
a
separate
taxpayer
like
an
individual
if
under
judicial
testate
or
intestate
proceedings,
otherwise,
income
from
said
property
is
taxable
to
the
heirs;
it
follows
the
status
of
the
decedent
Trust
–
property
held
by
one
person
for
the
benefit
of
another
Taxable
-‐
Trust
–
if
income
is
to
be
accumulated
or
if
the
trustee
has
discretion
to
accumulate
or
distribute
to
beneficiaries
Beneficiary
–
if
he
/
she
received
income
from
the
trust
during
the
taxable
year
pursuant
to
the
trust
agreement
Grantor
–
if
revocable
or
held
for
grantor’s
benefit
or
to
his
designate
Control
test
–
power
to
procure
the
payment
of
income
and
enjoy
the
benefit
thereof
determines
who
is
subject
to
tax
on
coupon
bond
donated
to
his
son.
Helvering
v.
Horst.
31
US
112
Deductions
–
same
as
Estate
Estates
and
Trusts
entitled
to
deductions
Personal
exemption
–
P
20,000
(sec
62)
Distribution
to
heir
during
the
year;
If
no
distribution,
subsequent
distribution
of
said
income
no
longer
taxable
to
heirs
Distribution
to
guardian
for
the
benefit
of
infant
Administered
in
foreign
country
is
taxable
in
the
Philippines
in
the
hands
of
the
trust
but
no
longer
taxable
in
the
hands
of
the
beneficiary
when
distributed
to
him.
These
distributions
are
not
allowed
as
deductions
from
the
taxable
return
of
the
trust.
Read
BIR
Ruling
003-‐05
–
taxation
of
trusts
under
common
trust
funds.
Other
Income
Tax
Requirements
(Secs
67
to
73)
How
are
dividends
taxed?
(Sec
73)
Quarterly
corporate
income
tax,
Annual
declaration
and
quarterly
payments
of
income
tax
(Secs
74
to
77)
State
Land
Investment
Corp
v.
CIR,
GR
No.
171956,
18
Jan
2008
–
Excess
creditable
tax
may
be
refunded
or
credited
at
the
option
of
the
taxpayer
under
former
Sec
69,
now
Sec
76.
Under
then
Sec
69,
excess
taxes
may
be
credited
in
the
following
year
only,
after
then
need
to
be
claimed
for
refund
within
two
(2)
years
from
payment
which
SIC
did.
MR
filed
with
CTA
included
1999
&
2000
ITRs
showing
losses,
thus
1997
excess
tax
credit
could
not
have
been
applied
in
1999,
Doctrines:
SC
is
not
trier
of
facts
but
if
lower
court
mis-‐appreciated
facts
or
failed
to
notice
facts
that
could
change
conclusion,
then
it
can
review
facts.
Solutio
indebiti
applied
against
government.
Refund
granted.
Note:
counting
of
2
years
starts
from
the
filing
of
final
return.
Withholding
on
Wages
(Secs
78
to
83)