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INTAX Chapter 8
INTAX Chapter 8
CHAPTER 8
REGULAR INCOME TAX:
EXCLUSIONS FROM GROSS INCOME
EXCLUSIONS FROM GROSS INCOME- are income which will not be subject to income tax. (excluded sa
RIT, CGT, and FT) These include but not limited to the ff: (under NIRC)
A. Proceeds of life insurance policy
B. Amount received by the insured as a return of premium
C. Gift, bequest, devise, or descent
D. Compensation for injuries or sickness
E. Retirement benefits, pensions, gratuities, etc.
F. Income exempt under treaty
G. Miscellaneous items (3P2I2C2G13th)
1. PERA investment income and PERA distributions
2. Prizes and awards in recognition of religious, charitable, scientific, educational, artistic,
literary, or civic achievements
3. Prizes and awards in athletic or sports competitions
4. Income in the Philippines of foreign government or FGOCC
5. Income of the government and its political subdivisions
6. Contributions to GSIS, SSS, PhilHealth, Pag-Ibig, and Union dues
7. Contributions to Personal Equity Retirement Account (PERA)
8. Gains from sale of bonds, debentures, or certificates of indebtedness with maturity of
more than 5 years.
9. Gains from redemption of shares in mutual fund
10. 13th month pay and other benefits not exceeding P90,000
OTHER EXEMPT INCOME UNDER THE NIRC AND SPECIAL LAWS (BaCoNonBuQuMi)
1. Income of Barangay Micro-Business Enterprises Act (RA 9178)
2. Income of cooperatives (RA 9520)
3. Income of non-stock, non-profit entities
4. Business or professional income od self-employed and or professionals who opted to the 8%
income tax.
“Trust in the Lord with all your heart and lean not with your own understanding. Acknowledge Him in all
your ways and He will direct your paths”
Chapter 8 - Regular Income Tax: Exclusions From Gross Income 2
Ø The amount received by the insured as a return of premiums paid by him under life
insurance, endowment, annuity contracts or insurance contracts either during the term
or at the maturity of the term mentioned in the contract or upon surrender of the
contract is a return of capital and excluded from gross income.
Alberto is insured in a P1,000,000 life insurance policy with annual premium payments of
P20,000 for 10 years. If Alberto outlives the policy after the 10 th year, he will be paid a P500,000
maturity value.
Scenario 1
Alberto died on the 8th yearof coverage and his heirs collected the P1,000,000 proceeds.
Scenario 2
Upon the death of alberto, the insurance company negotiated for an extension of the payment
of the proceeds wherein the insurance company shall pay P1,050,000 on the extended payment.
Answer:
Proceeds 1,000,000 Not taxable
Interest 50,000 Taxable item of gross income
Total 1,050,000
Scenario 3
Alberto outlived the policy and collected the maturity value of P500,000
Scenario 4
After 6 years of payment, Alberto assigned the policy to Glino who paid him P130,000. Glino
continued the premium payments for two more years after which Alberto died. Glino collected
the P1,000,000 insurance proceeds.
“Trust in the Lord with all your heart and lean not with your own understanding. Acknowledge Him in all
your ways and He will direct your paths”
Chapter 8 - Regular Income Tax: Exclusions From Gross Income 3
Property insurance contracts – proceeds of this in excess of the tax basis of the property lost or
destroyed is a taxable return on capital.
Illustration
Mark received a restaurant business as a gift on April 1, 2020. On that date, the restaurant had total
properties amounting to P400,000 including P50,000 cash income earned since January 1, 2020. The
restaurant posted an additional P150,000 cash income from April1 to December 31, 2020.
Gift Exchange
Tinitignan dito yung intention or motive ng transferor para malaman kung yung transfer ba ay gift or
exchange
Levy T. Pangan, CPA 2020 A-532 Notes in Taxation
“Trust in the Lord with all your heart and lean not with your own understanding. Acknowledge Him in all
your ways and He will direct your paths”
Chapter 8 - Regular Income Tax: Exclusions From Gross Income 4
Employment Gratuities
Illustration 2
Mr. Pogi’s brand new car which he bought for P1,200,000 was totally wrecked in a car collision. Mr. Pogi
escaped unharmed. He was paid P1,300,000 for the accident.
“Trust in the Lord with all your heart and lean not with your own understanding. Acknowledge Him in all
your ways and He will direct your paths”
Chapter 8 - Regular Income Tax: Exclusions From Gross Income 5
Illustration 1
Angel was employed in 1990 when she was 25 years old. In 2010, she availed of the early
retirement program of her emplopyer.
Note: the retirement benefit is taxable. (inclusion in gross income as compensation income)
Illustration 2
Assume that Angel joined another employer and worked therein for 7 more years after which
she retired from her employment.
“Trust in the Lord with all your heart and lean not with your own understanding. Acknowledge Him in all
your ways and He will direct your paths”
Chapter 8 - Regular Income Tax: Exclusions From Gross Income 6
benefit exemption.
10 year cumulative employment x 7 years under the employ of her
second employer
50 years old at the time of ü 45+7
retirement
employer maintains a reasonable ü
private benefit plan
Illustration 2
Assume instead that Angel was 30 years old when she joined her first employer and worked
therein for 20 years after which she retired at 50. She immediately joined another employer
and retired after 10 years of service when she was 60 years old.
First retirement benefit from 1st employer Exempt (4 requisites are met)
Second retirement benefit from 2nd employer Taxable (retirement benefit exemption can be
availed of only once in a lifetime)
2. Separation or Termination
Requisite of exemption:
a) The separation or termination must be due to job-threatening sickeness, deaths,
or other physical disability
b) The same must be due to any cause beyond the control of the employee or
official such as : (CEDRReS)
a. Closure of rmployer’s business
b. Employee lay-off
c. Downsizing of employer’s business
d. Redundancy
e. Retrenchment
f. Sickness or death of the employee
“Trust in the Lord with all your heart and lean not with your own understanding. Acknowledge Him in all
your ways and He will direct your paths”
Chapter 8 - Regular Income Tax: Exclusions From Gross Income 7
Illustration 1
Yvonne is an employee of Goldfish Company which closed its business during the year. Yvonne’s
last paycheck shows the following details:
Unpaid salary in the last two months P 30,000 Subject to income tax
Current month salary 15,000 Subject to income tax
Separation pay 100,000 Not Taxable
Total pay P 145, 000
Illustration 2
Henson’s employer was downsizing its business operations. Henson was identified among
others to be laid off. To avoid implications of inefficiencies on his part, Henson filed a
resignation letter to the company and received a separation pay of P120,000.
Separation pay Taxable Since the underlying reason of the severance of the employment
(i.e. resignation) is within the control of the employee.
Separation pay Exempt If Henson got terminated without resigning
Illustration 3
Mr. Swabe was diagnosed to have a sexually transmitted disease (STD). Due to this, his
employer decided to terminate his services but granted him P1,000,000 separation pay.
Ø The P1,000,000 separation pay is taxable as STD does not normally render the employee
incapable of working.
3.Social Security Benefits, Retirement Gratuities, and Other similar benefits from foreign
government agencies and other institutions, private or public, received by resident or
non-resident citizens or aliens who come to settle permanently in the Philippines.
Illustration
John was an OFW employed by Microsoft Corporation in the USA. John retired and returned to
permanently settle in the Philippines. He is paid a S2,000 monthly pension from Microsoft’s
pension fund and another S800 monthly benefit from the US social security benefit.
ü BOTH the pension and the social security benefits are EXEMPT.
-these benefits were earned abroad when the taxpayer was a non-resident.
Levy T. Pangan, CPA 2020 A-532 Notes in Taxation
“Trust in the Lord with all your heart and lean not with your own understanding. Acknowledge Him in all
your ways and He will direct your paths”
Chapter 8 - Regular Income Tax: Exclusions From Gross Income 8
-under situs rule, the foreign income of non-residents is not taxable in the Philippines
-this holds true even if the taxpayer subsequently receives the income as a resident of
the Philippines.
4. United States Veterans Administration (USVA) – administered benefits under the laws
of the United States received by any person residing in the Philippines.
Illustration
Mr. Jackson is a retired US serviceman from the Iraqui war. He married a beautiful
Filipina and settled in the Philippines. He is receiving a S1,000 monthly benefit from the
USVA.
Ø The USVA benefit is excluded in gross income. The same rule applies to USVA benefits
for beneficiaries of Filipino veterans who fought under the American flag in World War
II.
“Trust in the Lord with all your heart and lean not with your own understanding. Acknowledge Him in all
your ways and He will direct your paths”
Chapter 8 - Regular Income Tax: Exclusions From Gross Income 9
Illustration
“Trust in the Lord with all your heart and lean not with your own understanding. Acknowledge Him in all
your ways and He will direct your paths”
Chapter 8 - Regular Income Tax: Exclusions From Gross Income 10
An employee has a gross compensation income of 400,000 in 2016. His employer deducted
5,000 SSS, 4,000 PhilHealth, 3,000 HDMF, 2,000 union dues and 80,000 creditable
withholding tax (CWT).
Illustration
“Trust in the Lord with all your heart and lean not with your own understanding. Acknowledge Him in all
your ways and He will direct your paths”
Chapter 8 - Regular Income Tax: Exclusions From Gross Income 11
On September 1, 2020, an individual taxpayer sold a 6-year term bond investment for
P1,000,000. These bonds bear 8% interest payable every December 31 and were
previously acquired at P1,000,000 face value on January 1, 2020.
Mutual Fund
- pool the money invested by different investors and invest the money to earn
investment income which shall add up to the net assets of the fund.
- Participation shares from the fund must be purchased by the participating investor
at their Net Asset Value (NAV).
- Upon redemption of his participation shares, the investor gains or losses by his
proportionate share in the increase or decrease in the NAV of the fund
Illustration
A taxpayer bought 10,000 shares from Golden Dragon Mutual Fund at 120 NAV per share.
The taxpayer redeemed his shares when the NAV per share was 180.
10. 13th month pay and other benefits not exceeding P90,000
Ø This will be discussed in Chapter 10.
OTHER EXEMPT INCOME UNDER THE NIRC AND SPECIAL LAWS (BaCoNonBuQuMi)
1. Income of Barangay Micro-Business Enterprises Act (RA 9178)
BMBE
Ø Is a business entity or enterprise engaged in the production , processing or
manufacturing of products or commodities, including agro-processing, trading and
Levy T. Pangan, CPA 2020 A-532 Notes in Taxation
“Trust in the Lord with all your heart and lean not with your own understanding. Acknowledge Him in all
your ways and He will direct your paths”
Chapter 8 - Regular Income Tax: Exclusions From Gross Income 12
services, whose total assets including those arising from loans but exclusive of the land
on which the particular business entity’s office, plant, and equipment are situated, do
not exceed P3,000,000.
Ø The term “service” excludes those rendered by licensed professionals and partnership
and and corporations engaged in consultancy, advisory and similar services which are
essentially carried out through licensed professionals.
Ø BMBE shall include any individual owning such business entity or enterprise,
partnership, cooperative, corporation, association, or other entity incorporated and/
organized and existing under Philippine laws and registered with the Office of the
treasurer of a city or municipality.
Ø Income of BMBE from their operations is exempt.
Ø File an Annual Information Return in lieu of the income tax return.
Ø Their non-operating, passive, and capital gains are subject to the appropriate type of
income tax.
Illustration 1
William has a bakery with total assets of 4,000,000 inclusive of a lot with a book value of
1,200,000.
Note:
Ø William qualified to be a BMBE because he has a total asset of 2,800,000 excluding the
lot.
Ø If he obtained a certificate of authority to operate as a BMBE, the following items of
operating income are exempt from income tax:
“Trust in the Lord with all your heart and lean not with your own understanding. Acknowledge Him in all
your ways and He will direct your paths”
Chapter 8 - Regular Income Tax: Exclusions From Gross Income 13
If the bakery is not registered as a BMBE, the 312,000 will be subject to RIT.
Either way, the royalty income and dividend income are not subject to RIT, subject kasi sila sa FT.
Illustration 2
Chris Santana has an accounting and auditing firm with total assets of 2,500,000. He derived a total
operating income of 1,000,000 in 2014.
Ø The entire 1M is taxable since Mr. Chris Santana is a professional service provider not
qualified to be a BMBE.
“Trust in the Lord with all your heart and lean not with your own understanding. Acknowledge Him in all
your ways and He will direct your paths”
Chapter 8 - Regular Income Tax: Exclusions From Gross Income 14
“Trust in the Lord with all your heart and lean not with your own understanding. Acknowledge Him in all
your ways and He will direct your paths”
Chapter 8 - Regular Income Tax: Exclusions From Gross Income 15
EXCLUSIONS DEDUCTIONS
Not included in the amount of reportable Initially included in the amount of gross
gross income in the ITR income but is separately presented as
deduction against gross income in the ITR.
“Trust in the Lord with all your heart and lean not with your own understanding. Acknowledge Him in all
your ways and He will direct your paths”