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RR No. 19-86 PDF
RR No. 19-86 PDF
PART A
INCOME TAX
2.01 Lessor if contract is a lease — The amount paid for the use of
property under an agreement which is determined under these regulations to be a
lease shall be considered as rental ( and therefor includible in gross income) of
the lessor. Such lessor may deduct all ordinary and necessary expenses paid or
incurred during the taxable year which are attributable to the earning of the
income. In addition, the lessor, with respect to properties subject to an
"operating lease" as defined in subparagraph 2.01/1 of this Section, will be
allowed a deduction for depreciation determined pursuant to Section 30 (f)
of the National Internal Revenue Code (NIRC) and the Regulations thereunder:
Provided, however, that tangible personal properties listed in Annex "A" of these
Regulations which are subject to "finance lease" (as defined in subparagraph
2.01/2 of this Section) may be depreciated during the primary lease period but
such period shall not be less than 60% of the depreciable life of the property as
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indicated in Annex "A". If, under the agreement, the lessee pays to the lessor a
stipulated rental, and in addition pays certain other expenses which are properly
payable by the lessor, the lessor is deemed to have received as rental income not
only the stipulated rental but also the amount of such other expenses paid by the
lessee to, or for the account of, the lessor.
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or more lessors to participate as a co-lessor in the funding lease.
Consequently, two or more lessors may have co-ownership of a
single leased item, proportionate to their participation. For the
purpose of this subparagraph, the lessors in a lease package
shall be limited to finance and leasing companies registered
under Republic Act No. 5980.
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conditional sale.
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(B) The lessee acquires automatic ownership
of the asset upon payment of the stated amount of
"rentals" which under the contract he is required to
make;
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PART B
6.03 If the lessor is a person other than a finance and leasing company
registered under R.A. 5980, then the rentals resulting from the lease agreement
shall be subjected too the 4% contractor's tax imposed under Section 205 of
the National Internal Revenue Code.
6.04 If the lessor is a finance and leasing company registered under R.A.
5980 and sells its lease contract or merely sells its receivables (and therefore
retains title to the equipment), the rental amount received by the buyer shall be
subjected to the pertinent provisions governing corporate taxation under the
NIRC without prejudice to the exemptions and benefits allowed by special laws.
casia
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Recommending Approval:
ANNEX "A"
SCHEDULE OF DEPRECIATION
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1.5 Light-Duty Trucks (Such as Pick-ups)
1.6 Medium-Duty Trucks (Such as Dump Trucks)
1.7 Heavy-Duty Trucks (Prime Mover)
1.8 Locomotives
1.9 Trailers (Flatbed & Skeletal)
1.10 Tankers (Bulk Carriers)
1.11 Motorcycles
1.12 And such other similar or related equipment, as may be mutually agreed
upon from time to time.
2. WATER TRANSPORT EQUIPMENT
2.1 Tugboats
2.2 Barges
2.3 Tankers
2.4 Purse Seiner
2.5 Reefer Vessels
2.6 Container Vessels
2.7 Passenger Vessels
2.8 And such other similar or related equipment, as may be mutually agreed
upon from time to time.
3. AIR TRANSPORT EQUIPMENT
3.1 Helicopters
3.2 Prop Aircraft
3.3 Turbo-Prop Aircraft
3.4 Jet Aircraft
3.5 And such other similar or related equipment, as may be mutually agreed
upon from time to time.
4. INDUSTRIAL EQUIPMENT
4.1 Injection Moulding Machines
4.2 Extruding Machines
4.3 Foundry Equipment
4.3 Metal Fabrication Equipment
4.5 Welding Equipment
4.6 Logging Equipment
4.7 Sawmill Equipment
4.8 Woodworking Equipment
4.9 Kiln Drying Equipment
4.10 Refrigerating Equipment
4.11 Mining and Quarrying Equipment
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4.12 Printing Equipment
4.13 Textile Machines
4.14 Refractory Equipment
4.15 Boilers
4.16 Industrial Pumps
4.17 Industrial Gas Manufacturing Equipment
4.18 Distilling Equipment
4.19 Laboratory Testing Equipment AaCTID
ANNEX "B"
Lease rentals received by financial lessor shall be broken down into a principal and
lease income component, the latter being subjected to the gross receipts tax under Sections
260 and 261 of NIRC, as amended by Section 15 of P.D. 1739. Recognition of lease
income shall be based either on the annuity methods or the sum-of-the years'-digits (SYD)
method.
Lease income under the annuity method is derived by computing the lease rate on the
diminishing outstanding principal of the net lease facility. Explanation follows.
The lease rate is a function of the basic parameters that normally comprise a lease
transactions, namely: the lease amount, guarantee deposit, lease rental, periodic payment, the
term of the lease and the residual value. The lease rate is defined as the internal rate of return
of a specific lease transaction such that:
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of outflow
r = the lease rate for a period t
t = the periodic time involved in the lease transaction
which may be monthly, quarterly, semi-annually or yearly.
å = the summation of the series of
cash flow over a period of time
n = the last period in which a cash flow is expected
For purposes of computing the lease rate factor, the cash flows accruing for a period,
whether paid in advance is immaterial and shall be treated as any other in arrears payments.
DTIcSH
(Please refer to Exhibit I for computational examples in the determination of the lease
rate factor.)
Lease income under the SYD method is derived by computing the SYD factor
(number of remaining periodic payments divided by the sum-of-the-years'-digits) on the total
lease income. Explanation follows:
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where N represents the number of periodic payments;
b) or, simply adding all the digits representing the periodic payments.
Thus, for a transaction involving twelve (12) periodic payments, SYD
may be computed as follows:
1) SYD = 12 (12+1)
———
2
= 78
2) SYD =
1+2+3+4+5+6+
7+8+9+10+11+12
= 78
SEC. 2. Determination of the Total Lease Income
The total lease income is derived by deducting the net lease facility (lease facility
minus residual value) from the total lease receivables (lease rentals.)
Exhibit 1
Guarantee Deposit : 0
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Based on the above parameters, the resulting cash flows for the lessor and
correspondingly lease rate factor, using the formula
are as follows:
Present
Value Discount
Period Net Net Factor at
(in Lease Lease Residual Cash 3% lease Present
qtr) Facility Rental Value Inflow Rate 1 Value 2
0 1,000,000 (1,000,000) 1.00000 (1,000,000)
1 93,415.88 93,415.88 .97087 90,694.68
2 93,415.88 93,415.88 .94260 88,053.81
3 93,415.88 93,415.88 .91514 85,488.61
4 93,415.88 93,415.88 .88849 82,999.08
5 93,415.88 93,415.88 .86261 80,581.47
6 93,415.88 93,415.88 .83748 78,233.93
7 93,415.88 93,415.88 .81309 75,955.52
8 93,415.88 93,415.88 .78941 73,743.43
9 93,415.88 93,415.88 .76642 71,595.80
10 93,415.88 93,415.88 .74409 69,509.82
11 93,415.88 93,415.88 .72242 67,485.50
12 93,415.88 100,000 193,415.88 .70138 135,658.03
—————
Total cumulative present value 0
1. Discount factor at a certain rate need not be computed since this could be
acquired from present value tables.
The above example has shown that the lease rate factor for this specific lease
transaction with the given parameters above is 3% per quarter or 12% per annum. Normally,
finding the lease rate factor is a tedious process of trial and error, which would necessitate at
times, the process of interpolation. This however could be determined with greater ease with
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the use of a financial calculator with the capability of imputing the internal rate of return. TDcCIS
Example 2. Same parameters as Example 1 except that lease rental payments are in
advance.
For purposes of determining the lease rate factor to be used for computing the lease
income component of a lease rental, timing differences of whether a periodic lease rental
payment is payable in advance or in arrears, is immaterial. Consequently, example 2 would
have the same cash flows as example 1 and thus, the lease rate factor in determining lease
income is also .03.
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—————
Total cumulative present value 0
Example 4. Same parameters as Example 3 except that lease rental payments are in
advance.
The resulting cash flows for this transaction are the same as in Example 3 due to
reasons explained in example 2. Thus, lease rate factor is also 3% per quarter. TIHCcA
1 Lease facility minus guarantee deposit is the net cash outflow of the lessor.
2 The residual value for this transaction, cashflow wise, is 0, since the guarantee
deposit, which is in the amount of P100,000, is given back at the end of the
lease term and is netted out with the residual value, which in this example, is
also P100,000.
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7 83,369.67 83,369.67 .81309 67,787.04
8 83,369.67 83,369.67 .78941 65,812.85
9 83,369.67 83,369.67 .76642 63,896.18
10 83,369.67 83,369.67 .74409 62,034.54
11 83,369.67 83,369.67 .72242 60,227.92
12 83,369.67 100,000 2 183,369.67 .70138 128,611.82
—————
Total cumulative present value 0
Example 6. Same parameters as Example 5 except that lease rental payments are in
advance.
Lease rate factor is also 3% per quarter or 12% per annum as Example 5.
2 Guarantee deposit in the amount of P100,000 is netted out at the end of the
lease term from the P200,000 residual value. Thus, cashflow-wise, residual
value is only P100,000.
Exhibit 2A
Guarantee Deposit : 0
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Ending Payment of (E-D-C)
Outstanding Residual Principal Lease Income
Period Balance Value Repayment (A) x .03) Lease Rental
0 1,000,000.00 93,415.88
1 936,584.12 63,415.88 30,000.00 93,415.88
2 871,265.76 65,318.36 28,097.52 93,415.88
3 803,987.85 67,277.91 26,137.97 93,415.88
4 734,691.61 69,296.24 24,119.64 93,415.88
5 663,316.48 71,375.13 22,040.75 93,415.88
6 589,800.09 73,516.39 19,899.49 93,415.88
7 514,078.21 75,721.88 17,694.00 93,415.88
8 436,084.68 77,993.53 15,422.35 93,415.88
9 355,751.34 80,333.34 13,082.54 93,415.88
10 273,088.00 82,743.34 10,672.54 93,415.88
11 187,782.36 85,225.64 8,190.24 93,415.88
12 100,000.00 87,782.36 5,663.52 1 93,415.88
1 Figures not exact due to rounding off.
Example 2. Same parameters as Example 1 except that lease rental payments are in
advance, thus, lease rate quarterly factor is also .03. caTESD
Ending Payment of
Outstanding Residual Principal Lease Lease
Period Balance Value Repayment Income Rental
0 936,584.12 63,415.88 30,000.00 93,415.88
1 871,265.76 65,318.36 28,097.52 93,415.88
2 803,987.85 67,277.91 26,137.97 93,415.88
3 734,691.61 69,296.24 24,179.64 93,415.88
4 663,316.48 71,375.13 22,040.75 93,415.88
5 589,800.09 73,516.39 19,899.49 93,415.88
6 514,078.21 75,721.88 17,694.00 93,415.88
7 436,084.68 77,993.53 15,422.35 93,415.88
8 355,751.34 80,333.34 13,082.54 93,415.88
9 273,088.00 82,743.34 10,672.54 93,415.88
10 187,782.36 85,225.64 8,190.24 93,415.88
11 100,000.00 87,782.36 5,663.52 1 93,415.88
12 100,000.00
Example 3. Lease Facility : P1,000.000
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Guaranty Deposit : P100,000
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also in the amount of P100,000, is netted out at the end of lease term from the
P200,000 residual value.
Example 6. Same parameters as Example 5, except that lease rental payments are in
advance; thus, lease rate quarterly factor is also .03.
Ending Payment of
Outstanding Residual Principal Lease Lease
Period Balance Value Repayment Income Rental
0 843,630.33 56,369.67 27,000.00 83,369.67
1 785,569.57 58,060.76 25,308.91 83,369.67
2 725,766.99 59,802.58 23,567.09 83,369.67
3 664,170.33 61,596.66 21,773.01 83,369.67
4 600,725.77 63,444.56 19,925.11 83,369.67
5 535,377.87 65,347.90 18,021.77 83,369.67
6 468,069.54 67,308.33 16,061.34 83,369.67
7 398,741.96 69,327.58 14,042.09 83,369.67
8 327,334.55 71,407.41 11,962.26 83,369.67
9 253,784.92 73,549.63 9,820.04 83,369.67
10 178,028.80 75,756.12 7,613.55 83,369.67
11 100,000.00 78,028.80 5,340.87 2 83,369.67
12 - 100,000.00 1
1 Cashflow-wise, residual value is P100,000, since guarantee deposit which is
also in the amount of P100,000, is netted out at the end of lease term from the
P200,000 residual value.
Exhibit 2B
Guaranty Deposit : 0
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Lease Rental : P93,415.88 payable
quarterly in arrears
Based on the above parameters, the total lease income is P220,990.56 [(93,415.88 x
12) - (P1,000,000-P100,000)], while the SYD is equal to 78. Thus, using the formula:
No. of remaining periodic Total Lease Lease income for a
payments (NRP) X Income = specific period
————————
SYD
the lease income for periods 1 to 12 are computed as follows:
Total Lease Lease Income
Period NRP/STD x Income = for the period
1 12/78 P220,990.56 P33,998.55
2 11/78 220,990.56 31,165.34
3 10/78 220,990.56 28,332.12
4 9/78 220,990.56 25,498.91
5 8/78 220,990.56 22,665.70
6 7/78 220,990.56 19,832.49
7 6/78 220,990.56 16,999.27
8 5/78 220,990.56 14,166.06
9 4/78 220,990.56 11,332.85
10 3/78 220,990.56 8,499.64
11 2/78 220,990.56 5,666.42
12 1/78 220,990.56 2,833.21
——————
P220,990.56
===========
Using the figures above, we arrive at the following table:
(A) (B) (C) (D) (E)
Payment of Principal
Outstanding Residual Lease Lease Repayment
Period Balance Value Rental Income (C-D-E)
0 1,000,000.00
1 940,582.67 93,415.88 33,998.55 59,417.33
2 878,332.13 93,415.88 31,165.34 62,250.54
3 813,248.37 93,415.88 28,332.12 65,083.76
4 745,331.40 93,415.88 25,498.91 67,916.97
5 674,581.22 93,415.88 22,665.70 70,750.18
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6 600,997.83 93,415.88 19,832.49 73,583.39
7 524,581.22 93,415.88 16,999.27 76,416.61
8 445,331.40 93,415.88 14,166.06 79,249.82
9 363,248.37 93,415.88 11,332.85 82,083.03
10 278,332.13 93,415.88 8,499.64 84,916.24
11 190,582.67 93,415.88 5,666.42 87,749.46
12 - 100,000.00 93,415.88 2,833.21 90,582.67
Example 2. Same parameters as Example 1 except that lease rental payments are in
advance, thus, the computation for the lease income is also the same. DTIACH
Example 4. Same parameters as Example 3 except that lease rental payments are in
advance, thus, the computation for the lease income is also the same.
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(A) (B) (C) (D) (E)
Payment of
Outstanding Residual Lease Lease Principal
Period Balance Value Rental Income Repayment
0 838,044.21 90,415.88 P28,460.09 61,955.79
1 773,716.74 90,415.88 26,088.41 64,327.47
2 707,017.60 90,415.88 23,716.74 66,699.14
3 637,946.78 90,415.88 21,345.06 69,070.82
4 566,504.29 90,415.88 18,973.39 71,442.49
5 492,690.13 90,415.88 16,601.72 73,814.16
6 416,504.29 90,415.88 14,230.04 76,185.84
7 337,946.78 90,415.88 11,858.37 78,557.51
8 257,017.60 90,415.88 9,486.70 80,929.18
9 173,716.74 90,415.88 7,115.02 83,300.86
10 88,044.21 90,415.88 4,743.35 85,672.53
11 - 90,415.88 2,371.67 88,044.21
12 - 01 - - -
Example 5. Lease Facility : P1,000,000
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9 259,030.26 83,369.67 7,709.08 75,660.59
10 180,799.98 83,369.67 5,139.39 78,230.28
11 100,000.00 83,369.67 2,569.69 70,799.98
12 - 100,000.00 - - -
1 Cashflow-wise, residual value is 100,000 since guaranty deposit, in the amount
of P100,000, is given back at the end of the lease term from the P200,000
residual value.
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Endnotes
1 (Popup - Popup)
Annex A
Annex B
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