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    This document provides an overview of income taxation in the Philippines, including: 1. Definitions of key terms like income, capital gains, sources of income, and taxable income. It discusses Supreme Court cases that have interpreted these concepts. 2. The criteria used to impose Philippine income taxes, such as where income was earned, residency, and citizenship. 3. An explanation of the Philippine income tax system as semi-global/mixed, with both schedular and global elements. It also covers accounting periods and methods. 4. The classification of taxpayers into individuals, estates, trusts, and corporate taxpayers like partnerships. It discusses the relevant tax bases and rates for each.

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    This document provides an overview of income taxation in the Philippines, including: 1. Definitions of key terms like income, capital gains, sources of income, and taxable income. It discusses Supreme Court cases that have interpreted these concepts. 2. The criteria used to impose Philippine income taxes, such as where income was earned, residency, and citizenship. 3. An explanation of the Philippine income tax system as semi-global/mixed, with both schedular and global elements. It also covers accounting periods and methods. 4. The classification of taxpayers into individuals, estates, trusts, and corporate taxpayers like partnerships. It discusses the relevant tax bases and rates for each.

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    22 views2 pages

    Income Tax - General Principles. Discussion Guide1

    Uploaded by

    ZSHAINFINITY ZSHA
    This document provides an overview of income taxation in the Philippines, including: 1. Definitions of key terms like income, capital gains, sources of income, and taxable income. It discusses Supreme Court cases that have interpreted these concepts. 2. The criteria used to impose Philippine income taxes, such as where income was earned, residency, and citizenship. 3. An explanation of the Philippine income tax system as semi-global/mixed, with both schedular and global elements. It also covers accounting periods and methods. 4. The classification of taxpayers into individuals, estates, trusts, and corporate taxpayers like partnerships. It discusses the relevant tax bases and rates for each.

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    DISCUSSION GUIDE ON INCOME TAXATION

    References: National Internal Revenue Code of 1997 (RA 8424)


    TRAIN LAW
    Supreme Court Decisions
    Other Tax Reference Materials

    I. Preliminaries

    A. Definition of Income Tax/nature/purpose


    Brief historical background of Phil Income Tax
    B. Organization and functions of the BIR
    C. Sources of Revenues
    D. Definition of income
    E. Income v. Capital
    Conwi v. CTA, 213 SCRA 83
    Madrigal v. Rafferty, 38 Phil 414
    Fisher v. Trinidad, 43 Phil 973
    F. Sources of Income
    Javier v. CA, 199 SCRA 824
    CIR v. Marubeni Corp., GR No. 137377, 18 December 2001
    NDC v. CIR, 151 SCRA 472
    G. Other kinds/classification of income or gain
    Sec 24, RA 8424
    Tuazon v., Lingad, 58 SCRA 170
    Calasanz v. Comm, 144 SCRA 664
    Gonzales v. CTA 14 SCRA 79
    Tests Applied in Determining the Existence of Income
    1. Severance Test/Realization Test
    2. Tax Benefit Rule and the Economic Benefit Test
    3. Claim of Right Doctrine
    4. Income from Whatever Source
    H. Taxability of Income
    1. Requisites
    Limpan v. Comm, 17 SCRA 703
    Republic v. Dela Rama, 18 SCRA 861
    2. Meaning of Taxable Income
    I.
    Criteria in Imposing Philippine Income Taxes
    1. Place Where Income was Earned
    2. Residency
    3. Citizenship
    J.
    The Philippine Income Tax System
    1. Types of Income Tax Systems
    i. Schedular System v. Global System
    Sison v. Ancheta, GR No. L-59431, 25 July 1984
    ii. Schedular Rates of Taxes v. Schedular System
    2. The Philippine Income Tax System as a Semi-Global/Mixed System
    K. Accounting periods and methods of accounting
    Sec 43-46, RA 8424
    Comm v. Wyeth Suaco, 202 SCRA 135
    Consolidated Mines v. CTA, 58 SCRA 618

    II. Classification of Taxpayers


    A. General Principles of Income Taxation
    Sec 23, RA 8424
    B. Non-corporate taxpayers/tax base/tax rates
    1. Individual
    Section 24-26; 34-35 RA 8424
    RA 9504
    Conwi v. CTA, 213 SCRA 83
    Garisson v. CA, 187 SCRA 525
    2. Estates and Trusts
    Section 60-66, RA 8424
    Comm v. CA, 207 SCRA 787
    Comm v. GCL, 207 SCRA 487
    C. Corporate Taxpayers
    1. Definition
    Section 22, RA 8424
    Coll v. BTC, 102 SCRA 822
    Comm v. Ledesma, 31 SCRA 95
    2. Partnership
    Ona v. Comm, 45 SCRA 74
    Gatchalian v. Coll, 67 Phil 666
    Evangelista v. Coll, 102 Phil 140
    Obillios v. Comm, 139 SCRA 436
    Reyes v. Comm, 24 SCRA 198
    3. Classification of corporate taxpayers and tax base and Tax Rates
    Section 27-30, RA 8424
    RA 9337
    RA 9504

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