Professional Documents
Culture Documents
Income Taxation Chapter 9
Income Taxation Chapter 9
calings in Prepert
1) Capital asset
2) Ordinary asset 6) Capital asse
Chapler 9 3)
4)
Capital asset
Capital asset
Ordinary asset
8) Ordinary asset
5) Capital asset 9) Capital asset
10) Ordinary asset
Applicable Taxes
Dealings in Property Property classification of an
asset
import because of the special tax rules on as capital or ordinary. is
ant
refer to
of
theordisposal assets (ordina- exchanges of of capital assets which gains and losses from sales
Dealings in property do not
the tax assets
or
sale exchanges. Under le or exchanges of ordinary assets. apply to gains and losses
capital assets) either through from
Gains on sale or
or
the following are ordinary asse code, capita assets and d ordinary assets
may be subjected to exchanges
of
or other property of a kin types of taxes: the following
1. Stock in trade of the taxpayer
would properly be included in the inventory of the taxna Which
on
2.
hand at the close of taxable year.
Property used in trade or business subject to depreciation.
TARLE 8-1: Applicable INCOME TAXES for Capital Gains and Ordinary Gains
TYPE OF GAIN
3. Real property held by the taxpayer primarily for sale to custom APPLICABLE TAX
CAPITAL GAIN on:
in the ordinary course of trade or business omers
Sale of shares of domestic Subject to 15% CGT on capital gain. However, if
4. Real property used in trade or business of the taxpayer corporations directly to a buyer. the seller is
aforeign corporation, CGT is 5% on 1st
P100,000 capital gain, 15% in excess of P100,000
On the other hand, capital assets include all other property held by the (Chapters 285).
taxpayer (whether or not connected with his trade or business) not
2. Sale of shares of domestic Not subject to income tax regardless of whether
included in the definition of ordinary assets above. Revenue regulations local stock
corporations through the transaction resulted to a gain or loss. It is
07-2003 provides that "Real Property" shall have the same meaning exchange subject to stock transaction tax of 6/10 of 1% of
attributed to the term as described under Article 415 of RA386, otherwise gross selling price (TRAIN Law). A stock
known as the Civil Code of the Philippines. Likewise, properties classified transaction tax is dlassified as "other percentage
as ordinary assets are automatically converted into capital assets upon tax' which is a "business tax', not an income tax
showing of proof that the same have not been used in business for more (Refer also to discussions in Chapters 2 and 5).
than two (2) years
involving said properties.
prior to the consummation of the taxable transaction
3. Sale of real properties classified Subject to 6% capital gains tax based on the
as capital assets in the highest amount among the selling price, fair market
Philippines. value and zonal value.
ILLUSTRATION 1: 4. Sale of real properties classified Either 6% capital gains tax or basic tax at the
Classify the following as ordinary or capital assets:
1) Stock and securities held by taxpayers as investment as capital assets in the Phils. to option of the taxpayer (Refer to- Chapter 2).
the gov't, its agencies or GOCCs
2) Stock and securities held dealers in securities.
3) Interest in partnership and joint venture by an individual taxpayer
Goodwill to basic income tax. Part of the
5. All Other types of capital gains Subject
income but subject to rules on
5) Real property not used in trade or business other than those enumerated in taxpayer's axable
and losses as discuSsed in the
6) House and lot #1-4. capital gains
Real property held for sale in the ordinary course of trade or business uy SUCceeding pages of this chapter.
taxable
real estate company. Subjectto basic tax. Part of the taxpayers
ORDINARY GAIN
8) Real property used as a warehouse income.
9) Real property held as investment a
10) Parking space for lease by real estate company
383
382
Dealings in Propert,
CAPITAL GAINS Subject to Ordinary
Basic IncomeT.
or
his rule is applicable only to individual taxpayers. d oss, the bass shal be such FMV
individual taxpayer sustains in any taxable year a net
such loss shall be treated
in the succeeding year as a
capl ar Property (other than capital The amount paid by the transferee for
the property or
s l lass asset) acquired for less than transferor's adjusted basis at the time of the tansr
capital loss. Meaning, it can be deducted
in the year against net aal loss an adequate cornsideraton in
whicheveris greater
was incurred.
immediately following the year when a net cap money's worth
385
384
Dealings in Presert, Dealings in Property
real properties acquired by the real estate
Al" elooed as of the time of the acquisition, and alldeveloper, whether developed or
real properties which held
7-2003)
by the
al estate developer primanily held for sale or for lease to customers in the ordinary
TERMS (RR
DEFINITIONOF
asset. coltrse of his trade or Dusiness Or which would properly be included in the inventory of
of capital
disposition
Captalgain
the sale,
exchange,
or other dha taxpayerif on hand at the close
of the taxable
year an all real properties used in
Gain from trade or business, Wnener in hne torm of land, building or other improvements, shall
asset. considered as ordinary assets.
of capital be
Capital Loss or other
disposition
or
Real estate lessor reler to any person engaged in the business of leasing or renting
sale or
Excess of gains from on hisrented
real properties being own account as a principal and holding himself out as lessor or
out or offered for rent.
exchanges. real properties
Net Capital Loss assets over the gains from siun
All real properties of the real estate lessor, whether land and/or improvements, which
of captal sales
or excihanges
losses from sales
Excess ofthe are for leaselrent or being offered for lease/rent, or otherwise use or being used in the
or exchanges.
trade of business shall likewise be considered as ordinary assets.
from perform
Ordlinary Gan of ordinary asset including gains of in the real estate business
Gain realized from the
sale or exchange Taxpayers engagedinot engaged
services and business. Real estate engaged in the real estate business shall refer collectively to real estate
dealers, real estate developers, and/or real estate lessors. Conversely, the
term
other than
Ordinary Loss
of ordinary asset. ([t also means the excessof "taxpayers in
not engaged the real estate business shall refer
to persons
Loss incurred from the sale/exchange a taxabie year, or net operating loss). real estate dealers, real estate developers, and/or real estate lessors.
income of a taxpayer during
deductions over the gross
All real properties acquired in the course of trade or business by a taxpayer habitually
Dealers in Securities sale of real estate shall be considered as ordinary assets. Moreover,
are engaged in the sale of stock, bonds, exchanges, engaged in the
All persons, who for their own account of Rev. Regs. No. 7-2003, all real property originally
bank nots, or other securities as
licensed by the SEC. pursuant to section 3(a)(4)d)
bulions, coined
money,
acquired by a taxpayer registered to engage in the real estate business are
in the said business
particular REAL property is a
capital considered ordinary assets even if such taxpayer did not engage
GUIDELINES in determining whether a
since its incorporation (BIR Ruling No. DA-519-2004, October 6, 2004).
asset or ordinary asset under RR 07-03
386 387
Dealings in Propert,
Dealings in Prperty
Solution:
Ordinary income
ILLUSTRATION 2: Taxpayer) P240,000
Period-Individual 2018tava
wing data for 2018 taxable year Ordinary loss
tolOWing
data (40,000)
Case A(Holding single,
has the Net capital gain:
individual taxpayer,
An Ordinary income
P240,000 Short term capital gain
10,000
Ordinary lossS for six (6) months
40,000 Long term capital gain (50%)
on capital
asset held
three (3) years
10,000 20,000
Capital gain asset held for 40,000 Long term capital loss (50%)
(40,000)
on capital
Capital gain asset held for 15 months
10,000 Taxable income P200,000
on capital
Capital loss Capital loss is deductible only to the extent of capital gain.
taxable income?
the net
How much is as follows:
Question:
P175,000 computed Case D(Net Capital "Loss"Carrythe
Overcalendar
Individual Taxpayerdetermine the
Answer:
388
389
Dealings in Propert Dealings in Property
Over-Individual
Tarna Answer: P360,000 computed as
Capital "Loss"Carrythe year (201q9), Business income follows
CaseE(Net data dunng
calendar
390 391
Dealings in Property Dealings in Property
The applicable tax rate is multiplied or
based on the gross selling
i c e o r g r o s s value in money of the
to basic or ordinarv:
hary tax? shares of stock sold, bartered,
is the
income subject
Phanged or otherwIse disposed of.
How much
Question2:
Answer: Po. "Gross value in money" means the "fair market value". In the
transaction?
tax on the traded thru the stock
What is the applicable computed as follows
of shares
exchange, "fair market value" shall
Question3:
Percentage tax ofx P1,100 P220,000 casef
consist the actual selling price at which the transaction was executedin
ofthe
Answer:
P110) trading syst and/or facilities of the Local Stock Exchange (RR 6-
(2,000 sh.
Sellingprice 006
tax rate the
X Percentage
Percentage/Transaction Tax P1,320 2008).
is a dealer
in securities, der Percentage taxes and Value
volume 2 Transfer and Business
Added
axation).
Tax are also discussed in
mine the
Assume that George
Question4: due.
amount of tax
applicable taxes
and the Basic Income Tax han
A n s w e r . The
transaction Is subject to: oased on
sale and Value Added
Value Tax (Business
the gain or loss on Tax to
CAPITAL GAINS Subject capital gains tax
sale of shares of stock of a domestic
computed as follows:
CAPITAL GAINS TAX On
Selling price (2,000
sh. x P110) P220,000 corporation sold directly to a buyer computed a tax rate of:
Cost (2,000 sh. P100)
x 200,000)
to basic tax P20,000
Gross income subject Prior to Jan. 1, 2018 (regardles ofthe classification ofthe taxpayer
5% On the 1P100,000 capital gains
sh. x P110) P220,000 On capital gains in excess of P100,000
Selling price (2,000 10%
Cost (2,000 sh. x P100) (200,000)
P20,000 uponeffectivity of TRAIN Law
Beginning January 1 2018 orand
Gross income
12%
domestic corporations
Xvat rate For individual taxpayers
Output Vat (Business Tax) P2,400 Tax %: 15%
Basis: Capital gains
tax. t is a business tax like
Value Added Tax (VAT) is not an income
are discussed in Chapter 8 of
Taxes
percentage tax. Value Added For foreign corporations
volume2 (Transferand Business Taxation Tax %: 5% on 1 P100,000 capital gain
15% in excess of P100,000 capital gain
of stock solc or exchanged
Percentage tax on sale of shares Basis: Capital gains
based on the gross selling price
through initial public offering (IPO) asset
of the shares of stock soid in accordance of real properties held as capital
or gróss value in money
to the total
b. CAPITAL GAINS TAX on sale of 6% of the highest
with the proportion of the shares of stock sold at a rate
situated in the Philippines computed value.
shares of stock after listing in the local stock
price, fair market value and zonal
Outstanding amount among the selling
exchange. The percentage tax shall be: * N o t applicable to foreign
corporations
detailed
*PercentageTax Taxpayers) for a
Ratio/Proportion * R e f e r to Chapter 2 (Individual tax.
Up to 25% 4% illustrations on capital gains
discussions and
Over 25% but not over 33 1/3% 2%
Over 33 1/3 1%
393
392
CHAPTER EXERCISES
Chapter Gercises Dcaliays in Property
PROBLEMS
4Which of the following is/are considered inventory intended for sale in to the general
10. Which of the following capital assets are not subject
the ordinary course of business? rules on capital gains and losses?
a. Raw material inventory, work-in process inventory, finished
a. Capital gain on sale of shares of stock of a foreign corporation
goods inventory. b. Gain on sale of bonds of a domestic corporation
b. Real estate being held or being sold by a trader of equipment. C. Loss of family car in an accident
C. Securities held or being sold by an
d. All of the above
investor d. Loss in value of securities
397
396
Dealings in Chapter Eercises Dealings in Progerty
Property
-
ercises
Clesir exchanges off
or e x c h a n g e s o
on First statement: The capital gains
tax on sale of shares of stock
not
losses on
sales capital asse. 16..listed traded in the local
and
stock exchange be
d. Gains o v e r the stallment if the iniual payments do not exceed 25may% of thepaidn
selling
capital gain or loss?
may result to
12. Which
of the following
of
investment
in bonds cond statement: The capital gains tax on sale of shares of stock not
a. Sale
of liquidating
dividend
isted and traded in the local stock exchange are not included in the
b. Receipt "b" Computation or taxable net income for individual and corporate
and
C. Both a"
"a" n o r "b" taxpayers.
d.
Neither
a. Statements 1 & 2 are false
from c a n i t a l
1: Capital
losses can be deducted only b. Statement 1 is true but statement 2 is false
13. Statement
losses can
be from
deducted
any grosS C. Statement 1 is false but statement 2 is true
Statement 2: Ordinary d. Statements 1 and 2 are true
income 1 & 2 are
false
Statements
a.
but statement 2
is false
Statement 1 is true 17. On September 30, 2018, Juan sold a piece of land to Pedro who
b. but statement 2 is true
C.
Statement 1 is
false correctly computed the applicable capital gains tax of P1,440,000 on
Statements 1 and
2 are true the transaction. The latter withheld the applicable capital gains tax
d.
and remitted the same to the BR before the statutory deadline. The
14. Earl owns a
with a monthly
twenty (20) door apartmentthis to
rental of
selling price of the nd is P20,000,000. Which of the following is not
residential unit. He sold property Clifford. Whih
Vhich
P15,000 each correct?
ago at P400,000
pieces of land for sale. estate transactions?
C. Sale of residence located in the Philippines is exempt from What would be the final tax for these real
a. P60,000 C. 72,000
to
capital gains tax if the proceeds from the sale is fully utilized
the b. P90,000 d. 102,000
acquire another residence within eighteen months from
date of sale. the current year:
d. The capital gains tax on the sale of real property classified as 19. The following the transactions of Juan for
are
in the stock exchange at 105 per share.
capital asset should be remitted to the BIR within 30 days 1,000 shares sold three years ago.
at P95 per share
following each sale or The shares were acquired
disposition of real property. 1,000 shares sold outside
the stock exchange at P110 per
share (cost = P100/share)
399
398
Chastur Erercists Dealinas in
ProhePert
What would be the final tax for these transactions?
C. 750 Chaster Exercise
a. P500
Dealnps in Prose
-
400 401
Chapler Eerises
-
402