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Income Tax: Chapter 2: Income Taxes For Individual
Income Tax: Chapter 2: Income Taxes For Individual
Classification of Alien
Resident Alien
Nonresident Alien engaged in trade / business
Nonresident Alien not engaged in trade / business
Resident Alien
Is an individual whose residence is within the Philippines
and who is not a citizen thereof.
Alien who are actually present in the Philippines and who
are not mere transients or sojourners
An alien who lives in the Philippines with no definite
intention as to his stay
An alien who comes to the Philippines for the purpose that
requires extended stay for his accomplishment, so he
makes his home temporarily in the Philippines, regardless
of his intention to return to his residence abroad
Nonresident Alien
An individual who is not in the Philippines and who is not a
citizen thereof
They are aliens who come to the Philippines for a definite
purpose, which in its nature may be promptly
accomplished
They are aliens who are mere transients or nonresidents
Nonresident Alien Engaged in Trade/Business
An alien who stayed for an aggregate period of more than
180 days during the taxable year and/or aliens who have
business income in the Philippines
Under Section 22S of the tax code, “trade or business”
include performance of the functions of a public office or
performance of personal services in the Philippines (except
performance of services by the taxpayer as an employee)
Nonresident Alien Not Engaged in Trade/Business
A NRA-NETB is subject to 25% income tax based on the
gross income from all sources within the Philippines
(except income subject to capital gains tax)
Sample Problem:
Pedro left the Philippines on July 1, 2018 to go abroad and
work there for two years. The following data were provided
for 2018 taxable year (assume 40% of gross income and
business expenses presented below were derived abroad).
Gross Income Bus. Expenses
Jan 1 – Jun 30 600,000 280,000
July 1 – Dec 31 400,000 120,000
Sample Problem:
Assuming Pedro arrived from abroad on July 1, 2018 to
permanently resettle in the Philippines, his taxable income
for 2018 is:
Gross Income Bus. Expenses
Jan 1 – Jun 30 600,000 280,000
July 1 – Dec 31 400,000 120,000
Jul – Dec
Gross Income 2,000,000 3,000,000
Allowable deduction 1,000,000 1,200,000
Types of Income
Three Types of Incomes Subject to Income Tax:
Ordinary of Regular Income
Passive Income derived from Philippine sources; and
Capital Gains subject to capital gains tax
Ordinary Income
Refers to income such as:
Compensation income (salaries or wages)
Business Income
Income from practice of profession
Income from sale and/or dealing of property
Sample Problem:
1. Determine the income tax due assuming the taxable
compensation income for 2018 is 240,000.
Note:
There is no CGT if selling of stocks results to capital loss
There is a CGT in selling of properties whether it resulted
to capital loss
CAPITAL GAINS may be:
Special cases:
Sale of Real property to the government
Sale of Principal Residence
CAPITAL GAINS may be:
Self Employed
Define as a sole proprietor or an independent contractor who
reports income earned from self-employment. He/she
controls who he/she works for, how the work is done and
when it is done. It includes professionals whose income is
derived purely from the practice and not under an employer-
employee relationship
SELF EMPLOYED & / OR PROFESSIONAL
Professional
Is a person formally certified by a professional body
belonging to a specific profession by virtue of having
completed a required course of studies or practice, whose
competence can usually be measured against an established
set of standards. It also refers to a person who engages in
some art or sport for money, as means of livelihood, rather
than as a hobby
SELF EMPLOYED & / OR PROFESSIONAL
2. Using the data below, determine the income tax due for 2018:
Gross Sales 2,800,000
Cost of Sales 1,500,000
Operating Exp. 750,000
5. Using the preceding data how much is the income tax due if
they avail the 8% tax.
FINAL WITHHOLDING TAX
Final Withholding Tax
Is a kind of tax which is prescribed on “certain income” for
instance interest income, dividends, royalties, prizes and
winnings.
FINAL WITHHOLDING TAX
Example:
2. Additional Exemption
An additional exemption of 25,000 for each qualified dependent not exceeding four (4).
Qualified dependent are those:
- not more than 21 of age
- chiefly dependent upon and living with the taxpayer
- unmarried
- not gainfully employed
- or if such regardless of age, is incapable of self-support because of mental or
physical defect.
Chief Support
It means principal or main support, regular and continuing. Financial or other material
support extended to the dependent; if such support is withdrawn, the dependent will
live in a destitute life unless similar support or livelihood is provided b the others.
Living With
It does not necessarily mean actual or physical togetherness at all times and under all
circumstances. As long as the other requirements of the law are met, the dependent is
considered living with the taxpayer, hence qualified, even if he is not in actual physical
togetherness with the taxpayer
Foster Child
Refers to a person below 18 years of age or one who is over 18 but is unable to fully take
care of or protect oneself from abuse, neglect, cruelty, exploitation or discrimination
because of a physical or mental disability or condition
Foster Care – refers to the provision of planned temporary substitute parental care to a
child by a foster parent
Foster Parent – refers to a person, duly licensed by the DSWD, to provide foster care
Additional Exemption
Effective taxable year 2016, a benefactor of a qualified PWD, may claim additional
exemption of 25,000 for each PWD, if such PWD regardless of age, satisfies all of the ff:
1. A Filipino citizen
2. Within fourth 4th civil degree of consanguinity or affinity to the taxpayer / benefactor
3. Not gainfully employed
4. Chiefly dependent upon and living with the taxpayer / benefactor
Persons with Disability (PWD)
PWD are those who have long-term physical, mental, intellectual or sensory impairments
which in interaction with various barriers may hinder their full and effective participation
in society on an equal basis with others. Persons with disability shall be
classified/categorized by the DOH.
Benefactor
It refer to a Filipino citizen or resident alien, caring for, giving chief support, and living
with PWD, who is in fourth (4th) civil degree of consanguinity or affinity claiming such
PWD as dependent.
Proper Claimant of Additional Exemption
As a rule, the additional exemption of 25,000 for each qualified dependent (qualified
dependent child including foster child/children and/or qualified dependent PWD) not
exceeding four (4) dependents are allowed to qualified individual taxpayer, married or
single.
Incase of married taxpayers, only one of the spouses may claim additional exemption. As
a rule, husband is deemed head of the family and proper claimant of additional
exemption. The wife may claim the additional exemption if:
1. Husband explicitly waives his right
2. Husband has no income
3. Husband works abroad and has no taxable income in the Philippines
Proper Claimant of Additional Exemption
For legally separated spouses, claimant is the spouse who has the custody of the
qualified dependent child or children or PWD. Provided, that the total number of
qualified dependents that may be claimed by both shall not exceed four (4).
For foster parent/s, only one can treat the foster child as a dependent for a particular
taxable year. As such, no other parent or foster parent can claim the said child as
dependent for that period.
Personal Exemptions for NRA-ETB
A Nonresident alien may claim personal exemptions provided the ff. requisites:
1. The NRA is engage in trade or business or exercising his profession in the Philippines
2. There is reciprocity
3. The NRA-ETB files a true and accurate return covering all income from all sources
within the Philippines
4. The amount of exemption shall be lower between the amount allowed in his country
or the amount allowed under the tax code (NIRC)
Tax Payers not entitled to personal exemption
1. Nonresident aliens engaged in trade or business when there is no reciprocity
2. NRA-NETB
Sample Problem
Juan, widower, had the following dependents during 2017 had the ff. dependent during
2017:
3 legitimate minor children
25 years old recognized natural child with common law wife
His common law wife
His physically disabled brother, minor, unemployed
His parents who are chiefly dependent and living with him
Question:
How much is the total personal exemption of Juan?
Sample Problem
Juan, widower, had the following dependents during 2018 had the ff. dependent during
2017:
3 legitimate minor children
25 years old recognized natural child with common law wife
His common law wife
His physically disabled brother, minor, unemployed
His parents who are chiefly dependent and living with him
Question:
How much is the total personal exemption of Juan?
Sample Problem
Jeffrey, married, had the ff: data for 2017:
Gross Income, Philippines 600,000
Gross Income, Abroad 200,000
Expenses, Philippines 250,000
Expenses, Abroad 120,000
Additional data:
Pedro dependents include the ff:
2 minor children
1 PWD within fourth consanguinity, 35 years old
1 foster child
Health and/or Hospitalization Insurance Premium (HHIP)
Premiums paid during the taxable year for health and/or hospitalization insurance shall
be allowed as a deduction from the gross income of resident citizen, non resident
citizens, resident aliens and nonresident aliens engaged in trade or business, provided:
1. The insurance shall be taken out by the individual for himself or for his family
2. The family gross income is not more than 250,000 for the taxable year
3. The amount being claimed shall not exceed 2,400 a year or 200 a month per family
This deduction shall be allowed to qualified taxpayer regardless of the taxpayer’s source
of income. The spouse claiming additional exemption for qualified dependent children
shall be the same spouse to claim the deductions for premium payments.
Sample Problem
A resident citizen employee with one (1) qualified dependent child provided the
following date for 2017:
Gross Compensation Income 250,000
Deductions made by the employer
SSS premiums contributions 6,000
Philhealth contributions 8,400
Pag-ibig contributions 2,400
Union Dues 1,200
Premium paid on health and/or hospitalization 6,000
insurance taken out by the employee for himself
and his child at 500 per month
Sample Problem
A resident citizen employee with one (1) qualified dependent child provided the
following date for 2017:
Gross Compensation Income 250,000
Deductions made by the employer
SSS premiums contributions 6,000
Philhealth contributions 8,400
Pag-ibig contributions 2,400
Union Dues 1,200
Premium paid on health and/or hospitalization 6,000
insurance taken out by the employer for the
employee