Professional Documents
Culture Documents
Taxation of Individuals
Taxation of Individuals
Taxable Income
Individual Taxpayer
Source Income as to taxability
RC Within & Without Income can also be taxable and non-taxable.
NRC, RA, NRAe, Taxable income refers to all pertinent items
Within only of gross income specified in the tax code.
NRAne
Non- taxable income is the income
mandated by the constitution, general or
special laws and international agreements to
be exempted from tax.
Income as to source
Gross income (GI) refers to income from
whatever source, derived within or without
the Philippines, legal or illegal. Income
refers to all earnings derived from service
rendered (labor), from capital (business or
investment), or both, including gain derived
from sale or exchange of personal property
APPLICABLE TAXES AND TAX RATES
In a broad sense, income tax due for individuals is computed as:
The applicable income tax rate differs depending on the classification of individual taxpayers
and the classification of income based on source, whether it is an ordinary income, passive
income, or capital gains.
ORDINARY INCOME
Ordinary or regular income are subject to graduated tax table (also known as basic or normal tax)
as provided for under Section 24(A) of the Tax Code. The revised graduated tax rate is
summarized in Table 1-1.
TABLE 1.1 GRADUATED TAX RATES
Over P400,000 but not over P30,000 + 25% in excess of P22,500 + 20% in excess of
P800,000 P400,000 P400,000
Over P800,000 but not over P130,000 + 30% in excess of P102,500 + 25% in excess of
P2,000,000 P800,000 P800,000
Over P2,000,000 but not over P490,000 + 32% in excess of P402,500 + 30% in excess of
P8,000,000 P2,000,000 P2,000,000
The liability for remittance of final taxes rests with the income payor as a withholding agent. In
the case where the income payor fails to withhold the tax or in case of under withholding, the
deficiency tax shall be collected from the payor/withholding agent and the expense associated
with the payment may not be allowed as deduction in the computation of income tax.
Passive incomes derived abroad are subject to basic income tax, therefore, included in the
income tax return of resident citizen taxpayers.
TABLE 1.2 PASSIVE INCOME FROM PHILIPPINE SOURCES SUBJECT TO FWT
Interest
Yield or any other monetary benefit from Deposit Substitutes 20% 20% 25%
Interest incomes received from a Depository bank under eFCDS 15% except NRC-
Exempt Exempt
(Beginning 2018) Exempt
Royalties
Prizes
Winnings
PCSO/Lotto Winnings
Dividends
Net income after tax of a partnership (except a GPP) 10% 20% 25%
1. Sale of shares of stocks of a domestic corporation not listed in the local stock
exchange
2. Sale of real properties located in the Philippines
If capital gains arise from transactions other than those described these should be treated as
ordinary income and subject to graduated income tax. Ordinary assets, on the other hand, subject
to graduated income tax includes:
1. Stock in trade of the taxpayer or other property of a kind which would properly be
included in the inventory of the taxpayer if on hand at the close of taxable year.
2. Property used in trade or business subject to depreciation.
3. Real property held by the taxpayer primarily for sale to customers in the ordinary
course of trade or business.
4. Real property used in trade or business of the taxpayer
There are also capital gains not subject to CGT. These includes:
(1) Capital gain from sale of shares of stock of a domestic Citizens &
NRAe NRAne
corporation not traded in the local stock exchange (LSE) Residents
Beginning January 1, 2018
15% 15% 15%
Tax Base: Capital Gain
Prior to 2018
On 1st Php100,000 capital gain 5% 5% 5%
In excess of Php100,000 capital gain 10% 10% 10%
(2) Capital gain on sale of real property located in the
Philippines 6% 6% 6%
Tax Base: Selling Price or FMV, whichever is higher
2. Zonal value as provided by the Commissioner of Internal Revenue (CIR) which can be
checked in BIR website.
If the real property classified as capital asset is sold to the government, the individual taxpayer
shall have the option to be taxed at 6% CGT or basic income tax using the graduated tax rate.
If the real property sold is classified as principal residence, it may be exempt from CGT provided
the requisites for exemption are met
1. The proceeds are fully utilized in acquiring or constructing a new principal residence
within 18 months from the date of sale. If there is no full utilization, the unutilized
portion of the gain shall be subject to CGT computed as follows:
Taxable Amount = (Unutilized Portion/ Gross Selling Price)
x GSP or FMV at time of sale, whichever is higher
2. The historical cost or adjusted basis of the real property sold shall be carried over to the
new principal residence built or acquired.
3. The BIR shall have been duly notified by the taxpayer within 30 days from the date of
sale through a prescribed return of his intention to avail of tax exemption.
4. The tax exemption can only be availed of once every 10 years.
Principal residence is where the individual taxpayer permanently resides or whenever absent,
wherein the said individual intends to return (RR 142000) and is considered is family home. It
should be certified by the Barangay Chairman over the place, or the Building Administrator if
the residence is a condominium or the individual taxpayer’s address as indicated in his latest tax
return.
SUMMARY
Note that income not subject to FWT or CGT are classified as ordinary income and are subject to
graduated tax rate unless otherwise, exempt under the law.
Interest income from bank deposit abroad, for instance, is not included in the list of income
subject to FWT nor CGT. Hence, such income is subject to basic tax or graduated tax rate.
Other Stock Transaction
Sale of shares of stock of a corporation listed in the local stock exchange is not subject to income
tax but to other percentage tax which is further discussed under Tax 2 Business and Transfer
Taxes. The applicable business tax for this type of transaction is known as "stock transaction
tax".
The tax rate is based on gross selling price; thus, stock transaction tax is computed regardless of
whether the transaction resulted to a gain or loss.
Stock transaction tax (STT) is computed as follows:
Prior to 2018 = ½ of 1% of Gross Selling Price
Beginning 2018 = 6/10 of 1% of Gross Selling Price
COMPUTATION OF INCOME TAX DUE AND PAYABLE
In a broad sense, computing for income tax due is as easy as
Gross taxable income or Tax Base Php xx.xx
Tax Rate xx%
Income Tax Due Php xx.xx
Less: Tax Credits (xx.xx)
Income Tax Due and Payable Php xx.xx
We are done with determining the taxable income and applicable tax rate. Let us now compute
for the tax due.
Types of Individual Taxpayers according to Type of Income Earned
1. Minimum Wage
2. Holiday Pay
3. Hazard Pay – given to those working in hazardous workplaces by nature of work.
4. Overtime Pay
5. Night Shift Differential
Types of MWEs and applicable taxes
Creditable Withholding
Taxpayer Income Tax
Tax
Purely MWE Exempt Exempt
MWE with additional
“benefits” from the employer
Still treated as MWE, hence Still treated as MWE, hence
not exceeding tax- exempt
exempt exempt
thresholds such as the
Php90,000 limit
MW – Exempt MW – Exempt
MWE with additional
business income Business Income = subject to Business Income = subject to
basic graduated tax creditable tax
Under RA 10963 (TRAIN Law), NO DEDUCTION is allowed for pure compensation
income earners beginners Jan. 1, 2018.
2. Purely Business/ Professional Income Earner [Self Employed and Professionals (SEP)]
Self- employed individual, as defined under RA 10963 (TRAIN Law), is a sole proprietor or an
independent contractor who reports income earned from self-employment. A purely self-
employed individual is not earning compensation income from an employee-employer
relationship. Income derived from self-employment is considered as income derived from trade
or business, thus classified under ordinary or regular income.
A professional, on the other hand, is a person belonging to a specific profession formally
certified by a professional body. Professionals included in this classification are those who derive
their income purely from the practice of profession and not under an employer - employee
relationship.
Both income from self-employment and practice of profession are treated as ordinary income are
subject to graduated tax rate in Table 1.1.
RA 10963 (TRAIN Law) provided an option to Self-employed/ Professionals having gross
receipts of less than Php3,000,000 (revised VAT threshold) and with net taxable income to
Php250,000 in a taxable year to pay 8% tax on its gross receipts instead of the graduated income
tax on net taxable income.
To avail of the 8% preferential tax rate in lieu of income and business tax, the Self-employed/
Professional shall satisfy the following conditions:
1. Gross Receipts/ Sales + Other Non-Operating Income < Php3,000,000; Php3M is the
revised VAT threshold.
2. Self-employed/ Professional shall be non-VAT registered.
3. The gross/receipts were not derived from vat-exempt sales and transaction.
4. Self-employed/ Professional is not subject to Percentage Tax other than Section 116; and
5. The SEP signifies his/her intention to elect the 8% income tax.
Intention to avail of the preferential 8% tax in lieu of income and business tax must be signified
in the taxpayer’s 1st Quarter return of the taxable year as provided under RR 8-2018. Failure to
signify intention means that the taxpayer is considered as availing the regular graduated rates and
it should be irrevocable for the entire year.
If during the year, the Self-employed/ Professional exceeded the Php3M VAT threshold, RR 8-
2018 provides that the taxpayer will be automatically subjected to the graduated rates with
previous payments under the 8% preferential rate be allowed as tax credit.
Income Tax Due (NI*Graduated Tax Rate per Table 1.1) Php xx.xx
Less: Creditable withholding Taxes
Prior years excess credit xx.xx
Tax Payments for the Previous Quarter xx.xx
Tax Withheld at Source xx.xx
Foreign Income Tax Credit xx.xx (xx.xx)
Income Tax Payable Php xx.xx
Not all business expenses may be allowed as a deduction in computing for taxable net income.
An individual taxpayer has the option to avail of either itemized deduction or optional standard
deduction (OSD).
Itemized Deduction
Unless otherwise elected by the taxpayer to avail of OSD, itemized deduction should be applied.
Under this category, all expenses, substantiated and related to performance of business/
profession during the year, can be deducted from the gross receipts.
The following are allowed deductions from gross business/ professional income
1. Mixed Income Earners – are individuals earning both business/ self -employment and
compensation income.
Income Tax Due (NI*Graduated Tax Rate per Table 1.1) Php xx.xx
Less: Creditable withholding Taxes
Creditable withholding taxes on
xx.xx
compensation
Prior years excess credit xx.xx
Tax Payments for the Previous Quarter xx.xx
Tax Withheld at Source xx.xx
Foreign Income Tax Credit xx.xx (xx.xx)
Income Tax Payable Php xx.xx
CREDITABLE WITHHOLDING TAX (CWT)
Creditable withholding tax (CWT) is not a form of tax but rather a method of collecting taxes in
advance. The income payor, which acts as a withholding agent of the government, collects the
tax from the recipient of income and remits the same to the government. Unlike final
withholding taxes on passive income, the recipient of income subjected to CWT is still required
to report such income in its income tax return whether the amount of CWT already equal the tax
due on the income.
Creditable means the tax is deductible from the tax due. Creditable withholding taxes includes
the following:
Withholding tax on Wages / Compensation (WTW) - tax withheld by an employer from
the compensation income of an employee.
Expanded Withholding Tax (EWT) - taxes withheld at source by the payor (other than
employer) such as creditable withholding taxes for the purchase of goods, services, and rentals.
Foreign income tax credit – this is applicable to resident citizens with income earned
outside the Philippines and was subjected to income tax by the country where the income was
derived. The purpose of this is to lessen effect of indirect double taxation.
Statutory formula for the computation of the tax credit:
INCOME TAX PREPARATION AND FILING
1700 Annual Income Tax Return for This return is filed on or before April 15 of each
Purely Compensation
Income Income Tax Individuals Earning Purely year covering income for the preceding taxable
Purely Business/ 1701A Annual Income Tax Return This return is filed on or before April 15 of each
Professional Income
Income Tax for Individuals Earning Income year covering income for the preceding taxable
PURELY from Business/Profession year.
year.
1701 Annual Income Tax Return for
1701Q Quarterly Income Tax Return On or before August 15 (45 days after end of
Passive Income
Final Tax 0619-F Monthly Remittance Form In accordance with the schedule set forth in RR
1601-FQ Quarterly Remittance The return shall be filed and paid not later than the
Return of Final Income Taxes last day of the month following the close of the
Capital Gains within 30 days after each transaction
1707 Capital Gains Tax Return for
Shares of Stock
Onerous Transfer of Shares of
Ordinary Return
Stocks Not Traded Through the
Local Stock Exchange
Final Consolidated
Return
1707- A For individual taxpayers,
on or before April 15 of the following year
this final consolidated return is filed
Capital Gains Tax
on or before April 15 of each year
covering all stock transactions of the
preceding taxable year.
Real Property
1706 Capital Gains Tax Return for
1. An individual earning purely compensation income whose taxable income does not
exceed P250,000.
2. An individual whose income tax has been correctly withheld by his employer, provided
that such individual has only one employer for the taxable year - the Certificate of
Withholding filed by the respective employers, duly stamped "Received" by the bureau,
shall be tantamount to the substituted filing of income tax returns by said employees.
3. An individual whose sole income has been subjected to final withholding tax.
4. Minimum wage earners.