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Republic of the Philippines

City of Olongapo
GORDON COLLEGE
Olongapo City Sports Complex, Donor Street,
East Tapinac, Olongapo City
College of Business and Accountancy
__________________________________________________________________________________

Course Code : TAX 101 Academic Year : 2020-2021


Course Title : Income Taxation Academic Term : 2nd Semester

DETAILED LEARNING MODULE

Number :3
Title : Income Taxation – Exclusions and Deductions

I. Learning Objectives
This module aims to enable students to explain, identify, appreciate and/or apply
the following concepts:

1. Exclusions from Gross Income (Exempt from Income Tax)


2. Deductions from Gross Income
3. Regular and Special Allowable Deductions
4. Net Operating Loss Carry Over
5. Methods of Deduction

II. Topics and Key Discussions

EXCLUSIONS FROM GROSS INCOME (EXEMPT from income tax)

1. Proceeds of life insurance policy upon the death of the insured.


However, it is taxable if the insured outlives the policy

2. Return of premiums either during the term, at the maturity, or upon


surrender of contract

3. Value of property acquired by gift, bequest, devise or descent

4. Compensation for personal injuries or sickness received from insurance


plus damages

5. Income of any kind which are contained in a treaty binding upon the
Philippine government

6. Retirement benefits if they meet the prerequisites (1-10-50-RPBP)

7. Separation pay if the separation is due to


- Death, sickness, physical disability
- Any cause beyond the control of the employee

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Republic of the Philippines
City of Olongapo
GORDON COLLEGE
Olongapo City Sports Complex, Donor Street,
East Tapinac, Olongapo City
College of Business and Accountancy
__________________________________________________________________________________

8. Prizes and awards given to charitable, religious, scientific, educational,


artistic, literary or civic achievement provided that:
- The recipient did not join the contest
- He is not required to render substantial future services

9. Benefits received by persons residing in the Philippines under U.S laws


administered by the US Veterans Administration

10. Benefits received from SSS and GSIS including retirement gratuity
received by government officials and employees

11. Income derived by foreign governments

12. Income derived by the government or its political subdivisions from


public or any essential government function

13. Prizes and awards granted to athletes in


- Local and international sports competitions
- In the Philippines or abroad
- Sanctioned by their national sports associations
- The sports association must be recognized by the Philippine Olympic
Committee

14. 13th month pay and other benefits up to P90,000

15. GSIS, SSS, Medicare, HDMF and union dues of individuals

16. Gains from sale of bonds, debentures and other certificates of


indebtedness with a maturity period of more than 5 years

17. Gains realized by investors upon redemption of shares in a mutual fund


company

18. Compensation income of Minimum Wage Earners (MWEs) workers in the


private sector(and public sector not exceeding the minimum wage in
the non-agricultural sector, including holiday pay, overtime pay, night
shift differential pay and hazard pay

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Republic of the Philippines
City of Olongapo
GORDON COLLEGE
Olongapo City Sports Complex, Donor Street,
East Tapinac, Olongapo City
College of Business and Accountancy
__________________________________________________________________________________
DEDUCTIONS FROM GROSS INCOME

REGULAR ALLOWABLE ITEMIZED DEDUCTIONS (ELIT – BaDD – PReC)


1. EXPENSES IN GENERAL

Other legal, ordinary, actual and necessary expenses of business can be


claimed by the taxpayers as long as these are substantiated with official
receipts or other pertinent records.

Examples of other deductible expenses:


1. Salaries and allowances
2. Fringe benefits
3. SSS, GSIS, Philhealth, HDMF, and other contributions
4. Commissions
5. Outside services
6. Advertising
7. Rental
8. Insurance
9. Royalties
10. Repairs and maintenance
11. Entertainment, amusement, and recreation expenses
12. Transportation and travel
13. Fuel and Oil
14. Communication, light, and water
15. Supplies
16. Miscellaneous expenses

However, the list is not all inclusive.

Some items that need further discussion are as follows:

a. Travelling Expenses:
Includes transportation expenses, meals, lodging and laundry
expenses and should be incurred away from home

b. Entertainment, amusement and recreation expenses:

Limit:
½% of net sales for those engaged in sale of goods or properties

1% of net revenue for taxpayers engaged in sale of services

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Republic of the Philippines
City of Olongapo
GORDON COLLEGE
Olongapo City Sports Complex, Donor Street,
East Tapinac, Olongapo City
College of Business and Accountancy
__________________________________________________________________________________

Apportioned for those deriving income from both


Net sales or Net revenue__ x Actual EAR
Total net sales and revenues

***In no case should the deductible EAR exceed the maximum


percentage ceiling

c. Bribes, kickbacks and other similar payments are NOT deductible IF paid,
directly or indirectly, to official or employee of the government or private
entity

d. Cost of expansion of school facilities of private educational institutions


may be
(1) Capitalized and claim annual depreciation as deduction or
(2) Expensed outright during the taxable year

NON-DEDUCTIBLE EXPENSES
Personal and living expenses

Amount paid out for new buildings or for permanent improvements or


betterments made to increase the value of any property or estate

Amount used in restoring property or in making good exhaustion


thereof for which an allowance is or has been made

Premiums paid on any life insurance policy covering the life of an


officer or employee, or of any person financially interested in any trade
or business carried on by the taxpayer, individual or corporate, when the
taxpayer is directly or indirectly a beneficiary under such policy

2. LOSSES
– deductible if they meet the requisites for deductibility, enumerated as
follows:
1. It must be incurred in trade, profession or business of the
taxpayer. (The loss must be a business loss, not a personal loss.)
2. It must pertain to property connected with the trade, business
or profession, if the loss arises from fires, storms, shipwrecks, or
other casualties, or from robbery, theft, or embezzlement. (The
loss must be an ordinary loss.)
3. The loss must not be compensated by insurance or indemnity
contract. (The loss must be actually sustained, not temporary.)

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Republic of the Philippines
City of Olongapo
GORDON COLLEGE
Olongapo City Sports Complex, Donor Street,
East Tapinac, Olongapo City
College of Business and Accountancy
__________________________________________________________________________________
4. A declaration of loss must have been filed by the taxpayer
within 45 days from the date of discovery of the casualty or
robbery, theft or embezzlement giving rise to the loss.
5. The loss must not have been claimed as a deduction for estate
tax purposes in the estate tax return. (Double deduction is not
allowed.)

Types of losses
1. Ordinary loss
2. Capital loss

Losses from ordinary assets are deemed normal to the taxpayer’s trade,
business or profession; hence, these are deductible in full. Losses on
capital assets are deemed by law unnecessary expenses; hence, these
are deductible only up to the extent of capital gains.

Special rules on losses include the following:

a. Wagering loss
– deductible only to the extent of gains from such transactions

b. Loss on sale between related parties is NOT deductible

c. Loss on shrinkage in value of stocks due to fluctuation in the market is


NOT deductible

d. Abandonment losses
- when a producing well is abandoned, the unamortized cost thereof
and the undepreciated costs of equipment directly used therein are
deductible in the year of abandonment, but if the service is resumed
later, the costs shall be included as part of gross income and
amortized or depreciated.

3. INTEREST
– Deductible if meets the requisites

a. Taxpayer’s interest income will be reduced by an amount equal to


33% of interest income SUBJECTED TO FINAL TAX.

b. Interest incurred or paid by the taxpayer on all unpaid business


related taxes shall be fully deductible from gross income and shall not
be subject to the limitation on deduction

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Republic of the Philippines
City of Olongapo
GORDON COLLEGE
Olongapo City Sports Complex, Donor Street,
East Tapinac, Olongapo City
College of Business and Accountancy
__________________________________________________________________________________
c. At the option of the taxpayer, interest incurred to acquire property
used in trade, business or exercise of profession may be allowed as
deduction or as a capital expenditure

NONDEDUCTIBLE INTEREST
Interest on loan between related taxpayers

Interest on loan paid in advance through discount by individual


taxpayer reporting income on a CASH basis

If indebtedness is incurred to finance petroleum operations

4. TAXES
– pertains to taxes paid which DOES NOT INCLUDE surcharges, penalties
or fines incident to delinquency

NONDEDUCTIBLE TAXES
Philippine income tax

Foreign income tax if claimed as tax credit

Estate and donor’s tax

Special assessments

5. BAD DEBTS – pertains to bad debts ascertained to be WORTHLESS related


to a VALID and SUBSISTING debt and NOT entered into between
members of the same family or related taxpayers

6. DEPRECIATION

7. DEPLETION

a. Cost depletion method allowed


b. No additional allowance for depletion is granted when the
allowance equals invested capital
c. For foreign corporations, depletion of oil and gas wells and mines shall
only be allowed for those mines and wells located in the Philippines

8. PENSION TRUSTS
– deductible if it meets the following requisites

a. Employer has an established reasonable pension or retirement plan

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Republic of the Philippines
City of Olongapo
GORDON COLLEGE
Olongapo City Sports Complex, Donor Street,
East Tapinac, Olongapo City
College of Business and Accountancy
__________________________________________________________________________________
b. The plan is funded by the employer
c. Amount contributed by employer must no longer be subject to his
control

9. RESEARCH AND DEVELOPMENT

Alternative treatments:
Treat as ordinary and necessary expenses – deductions from gross
income in the year paid or incurred

Treat as deferred expenses – deduction distributed over a period of


not less than 60 months

10. CHARITABLE AND OTHER CONTRIBUTIONS


– deductible if it meets the requisites for deductibility.

a. Fully Deductible

Donations to the government, any of it agencies or political


subdivisions including GOCCs to be used for PRIORITY ACTIVITIES as
determined by NEDA in CHEHEY (Culture and Sports, Health, Education,
Human settlements, Economic Development and Youth and Sports
Development)

Donations to certain foreign institutions or international organizations


in pursuance of or in compliance with AGREEMENTS, TREATIES OR
SPECIAL LAWS

Donations to ACCREDITED domestic non-government organizations.

Requisites for full deductibility of contributions to accredited NGOs:


1. The NGO must be organized and operated exclusively for the
abovementioned purposes, and no income inures to the benefit
of any private individuals.
2. The non-profit organization makes utilization of the contribution
not later than the 15th day of the third month after the close of its
taxable period.
3. The administrative expenses of the NGO do not exceed 30% of its
total expenses.
4. Members of the Board of Trustees must not receive remunerations.
5. In the event of liquidation, the asset of the NGO will be distributed
to another non-profit domestic corporation organized for similar
purpose.

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Republic of the Philippines
City of Olongapo
GORDON COLLEGE
Olongapo City Sports Complex, Donor Street,
East Tapinac, Olongapo City
College of Business and Accountancy
__________________________________________________________________________________
6. The amount of contribution of property other than money must be
valued at acquisition cost.

b. Contributions Subject Limit

Donations to the government, any of it agencies or political


subdivisions exclusively for public purpose not in accordance with priority
activities.

Donations to non-accredited non-government organizations or to


domestic corporations organized exclusively for RRECCYSS (Religious,
Rehabilitation of Veterans, Educational, Charitable, Cultural, Youth and
Sports Development Scientific, Social Welfare) purposes.

LIMIT: The following rates are multiplied by the taxable income derived
from trade, business or profession before deducting the contributions
10% for individuals

5% for corporations

SPECIAL ALLOWABLE ITEMIZED DEDUCTIONS

A. SPECIAL EXPENSES UNDER NIRC

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Republic of the Philippines
City of Olongapo
GORDON COLLEGE
Olongapo City Sports Complex, Donor Street,
East Tapinac, Olongapo City
College of Business and Accountancy
__________________________________________________________________________________

B. DEDUCTION INCENTIVES UNDER SPECIAL LAWS

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Republic of the Philippines
City of Olongapo
GORDON COLLEGE
Olongapo City Sports Complex, Donor Street,
East Tapinac, Olongapo City
College of Business and Accountancy
__________________________________________________________________________________

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Republic of the Philippines
City of Olongapo
GORDON COLLEGE
Olongapo City Sports Complex, Donor Street,
East Tapinac, Olongapo City
College of Business and Accountancy
__________________________________________________________________________________

NET OPERATING LOSS CARRYOVER (NOLCO)

FREQUENTLY ASKED QUESTIONS

11
Republic of the Philippines
City of Olongapo
GORDON COLLEGE
Olongapo City Sports Complex, Donor Street,
East Tapinac, Olongapo City
College of Business and Accountancy
__________________________________________________________________________________

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Republic of the Philippines
City of Olongapo
GORDON COLLEGE
Olongapo City Sports Complex, Donor Street,
East Tapinac, Olongapo City
College of Business and Accountancy
__________________________________________________________________________________
SAMPLE COMPUTATION FOR NOLCO

Gross Income Php 20,000.00


Less: Deduction 28,000.00
NOLCO Php (8,000.00)

TRY THIS!!!

The given details below are excerpts from Ms. Yu’s result of operation for
the past years:

2018 2019
Salary as part-time bookkeeper 180,000.00 150,000.00
Salary as part-time teacher 120,000.00 100,000.00
Business Receipts 250,000.00 180,000.00
Business Deduction 650,000.00 230,000.00

1. How much is Ms. Yu’s taxable income for the given taxable years?
2. Did Ms. Yu have any tax due for the year 2018?
3. Up to what year can Ms. Yu utilize her NOLCO in 2018?

METHODS OF DEDUCTION

There are two methods of deduction, the Itemized Deduction comprising the
regular and special itemized deductions and the Optional Standard
Deduction.

Optional Standard Deduction (OSD)

OSD is a deduction that can be chosen by taxpayers in lieu of itemized


deductions including NOLCO.

Under Section 2 of RR 16-2008, the following may be allowed to claim OSD in


lieu of the itemized deductions.
A. Individuals
- Resident
- Non-resident Citizen
- Resident Alien
B. Taxable Estates and Trusts
C. Corporations
- Domestic Corporations
- Resident foreign corporations

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Republic of the Philippines
City of Olongapo
GORDON COLLEGE
Olongapo City Sports Complex, Donor Street,
East Tapinac, Olongapo City
College of Business and Accountancy
__________________________________________________________________________________
Rates of OSD

The rate of OSD for individuals and corporations are the same, 40%. However,
the application differs as illustrated below:

Instead of tracking all your expenses, you may opt for OSD in the rate of 40%.
Consequently, 60% of your income shall be taxable.

Requisites for Claiming OSD

1. The taxpayer in the return its intention to elect OSD as the method of
deduction.

2. Such election is irrevocable for the taxable year for which the return is
made.

3. That the individual who is entitled to and claimed for OSD shall not be
required to submit with his tax return financial statements otherwise
required under the Code.

4. Except when the Commission otherwise permits, individual taxpayers


shall keep their records pertaining to gross sales or receipts and
corporate taxpayers shall keep records pertaining to their gross income.

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Republic of the Philippines
City of Olongapo
GORDON COLLEGE
Olongapo City Sports Complex, Donor Street,
East Tapinac, Olongapo City
College of Business and Accountancy
__________________________________________________________________________________
Itemized Deduction

We have already discussed the itemized deductions including the NOLCO. To


better appreciate this, please look at this list which can be found in page 3 of
BIR FORM 1701.

***End***

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