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(LECTURE NOTES) TOPIC #6 - Individual Tax Planning and Management
(LECTURE NOTES) TOPIC #6 - Individual Tax Planning and Management
Income tax planning can make a significant difference to the tax you pay. By
planning for income tax, you should be able to take advantage of any
opportunities to minimize your tax bill
● The individual income tax (or personal income tax) is a tax levied (imposed,
charged) on the wages, salaries, dividends, interest, and other income a person
earns throughout the year.
● Ang buwis sa indibidwal na kita (o buwis sa personal na kita) ay isang
buwis na ipinapataw sa mga sahod, suweldo, dibidendo, interes, at iba
pang kita na kinikita ng isang tao sa buong taon.
● Taxation rates may vary by type or characteristics of the taxpayer
and the type of income.
● High earning individuals or high income earners and where do you
earn, locally or internationally. Or if you are a business owner or
not.
○ The tax rate is the percentage of an income or an amount of money
that has to be paid as tax.
Tax computation in the Philippines changed this January 2018 in the form
of the Tax Reform Bill of the Duterte Administration. The current tax table is
relatively simpler, and allows employees to take home more money than
before.Annual Income Tax Return
The main objectives of tax planning
The main objective of tax planning is to reduce one’s tax liability. Authorities, like the
BIR, implement legal measures and regulations to ensure citizens pay the required tax
amount.
Effective tax planning helps individuals and businesses save more money while
adhering to legal and regulatory requirements.
It ensures that savings from taxes are generated according to the legal obligations
required by the government. Business owners ensure that finances saved from
taxable sources are redirected towards income-generating plans. Tax planning
also ensures that businesses take appropriate precautions to avoid future
litigation or audits.
Ang pangunahing layunin ng pagpaplano ng buwis ay bawasan ang pananagutan
sa buwis ng isang tao. Sa PILIPINAS, ang mga awtoridad, tulad ng BIR, ay
nagpapatupad ng mga legal measures at regulasyon upang matiyak na
nagbabayad ang mga mamamayan na subject sa annual income tax return na
kinakailangang halaga ng buwis.
1. An individual whose taxable income does not exceed P 250,000.00; derived from sources within the Philippines
For Purely Self-Employed Individuals and/or Professionals Whose Gross Sales/Receipts and
Other Non-Operating Income Do Not Exceed the VAT Threshold of P3,000,000, the tax shall be, at
the taxpayer’s option:
1. 8% Income Tax on Gross Sales or Gross Receipts in Excess of P250,000 in Lieu of the
Graduated Income Tax Rates and the Percentage Tax;
For Individuals Earning Both Compensation Income and Income from Business and/or Practice of
Profession, their income taxes shall be:
1. If the total Gross Sales/Receipts Do Not Exceed VAT Threshold of P3,000,000, the
Individual Taxpayer May Opt to Avail
This outline provides a brief introduction to personal income tax planning and other
personal tax planning issues. If you are in business, this should be part of a broader
look at your overall business taxes.
○ Appropriated retained earnings are set aside by the board and are
assigned to a specific purpose, such as factory construction,
hiring new labor, buying new equipment, or marketing. They will
not be distributed to shareholders as dividend payments.
Unappropriated retained earnings can be passed on to
shareholders in the form of dividend payments.
○ Paid-up capital is the amount of money a company has received from
shareholders in exchange for shares of stock. Paid-up capital is
created when a company sells its shares on the primary market directly to
investors, usually through an initial public offering (IPO).
For business owners, as you already know to arrive at the tax liability, you first
have to determine the gross income. Then you deduct that with the allowable
deductions then multiply it by the tax rate. With basic mathematical operation,
you can determine that by increasing the deductions, you reduce your tax
liability. This is where depreciation comes in.
This may not be applicable for all but it certainly is one way for you to lower your
tax. For businesses or corporations, the double declining is very useful especially
if a business is starting out or has just been established because its tax liability
becomes less burdensome in you first years of operation.
Maaaring hindi ito naaangkop para sa lahat ngunit tiyak na isa itong paraan para
mapababa mo ang iyong buwis. Para sa mga negosyo o korporasyon, ang double
declining ay lubhang kapaki-pakinabang lalo na kung ang isang negosyo ay
nagsisimula o kakatatag pa lang dahil ang tax liability nito ay nagiging mas
pabigat sa iyong mga unang taon ng operasyon.
● Track All Itemized Deductions
In that regard, the items that should be included in the itemized deductions are
Expenses, Interest, Taxes, Losses, Bad Debts, Depreciation, Depletion of
Oil, Gas Wells or Mines, Charitable & Other Contributions, Research &
Development, Pension Trusts, Additional Requirements for Deductibility of
Certain Payments, Optional Standard Deduction, and Premium Payments
on Health and/or Hospitalization Insurance.
You will need receipts and invoices to support your expenses when you file your income
tax returns for the year.
Cash register tape receipts
Your cash register tape receipts contain information about your business’ daily
transactions. Make sure not to lose this.
Keeping credit card receipts and statements will help you properly report any business
and personal-related expenses.
If you are filing income tax returns, remember to keep all of your proof of payment
documents. This includes receipts, invoices, and money pay-in slips.
Account statements
These are the official business and personal accounts that you have with financial
institutions. It includes bank account statements, and credit card statements, among
many others.
People are constantly looking for ways to reduce their income tax obligations.
And there are several ways to do so. If you want to expand your knowledge about
tax-saving instruments you should consider the following ways to save income
tax.
The Bureau of Internal Revenue reiterated that interest earnings from long-term
deposits or investments are exempted from income tax as long as these have a maturity
period of not less than five years.
The long term deposits or investments covered by this rule are time deposits or
investments in the form of savings, common or individual trust funds, deposit substitutes
and investment management accounts.
The long-term deposits or investments must be issued by banks only and not by other
entities or individuals. These must also be issued by banks in denominations of
P10,000.
The income tax exemption can only be enjoyed by depositors that are individual
citizens or aliens engaged in trade or business in the Philippines.
Moreover, these deposits should not be terminated before end of the fifth year
otherwise they shall be subjected to the graduated withholding tax rates based on the
age of the deposit – five percent (four years to less than five years), 12 percent (three
years to less than four years) and 20 percent (less than three years).
Tax Planning:
The purpose of tax planning is to determine a person’s financial affairs in a way that
maximizes all the deductions, exemptions, allowances, and rebates that are allowable
legitimately so that his or her tax liability is low.
Tax Management:
The term tax management refers to the process of complying with income tax laws and
regulations. Penalties, prosecutions, appeals, tax revisions, and settlements of tax
cases fall under tax management. Tax management aims at ensuring compliance with
tax laws at a specified time and manner as well as minimizing tax costs.
The Differences
It can help you make better decisions. Assists in meeting the conditions for
effective decision-making.
Future benefits are taken into account in In tax management, the past, present, and
tax planning. future are taken into account.
Various tax benefits can be claimed The use of tax management contributes to
through tax planning. the adherence to the conditions for
effective decision-making.
Managing your taxes is an important part of financial planning, and it’s something that
should be done throughout the year, not just during tax season. By taking a proactive
approach to tax management, you can save yourself time and money. Our advisors are
here to help you every step of the way, so don’t hesitate to get in touch if you have any
questions.
The difference between tax planning and tax management are presented in the points
below:
The following are the major differences between Tax Avoidance and Tax Evasion:
Summary
● Double taxation is mainly found in two forms – corporate double taxation, which
is taxation on corporate profits through corporate tax and dividend tax levied on
dividend pay-outs, and international double taxation, which involves the taxation
of foreign income in the country where the income is derived, as well as the
country where an investor is a resident.
● There are various ways to mitigate corporate double taxation, such as legislation,
structuring an organization into a sole proprietorship, parentship, or LLC,
avoiding the payment of dividends, and shareholders becoming employees of the
businesses they own.
● International double taxation can be mitigated by formulating trade treaties, such
as double taxation agreements (DTAs), with countries they trade with and using
relief methods such as the exemption and foreign tax credit methods.
● Double taxation is a tax principle referring to income taxes paid twice on the
same source of income. It can occur when income is taxed at both the
corporate level and personal level.
Arguments against corporate double taxation indicate that as shareholders are the
owners of a corporation in which corporate tax is levied on profits attributable to the
owners, income distributed to them as dividends and taxed with dividend tax at a
personal level represents the same income stream being taxed twice.
● For example, corporate profits may be taxed first when earned by the corporation
(corporation tax) and again when the profits are distributed to shareholders as a
dividend or other distribution (dividend tax).
However, arguments for the maintenance of the double taxation regime contend that
since a corporation in the form of a company is a separate legal entity divorced from the
company’s individual owners, taxation on both corporate earnings and dividends is
justified.
Conclusion
If you own a business, the last thing you want is to get taxed on your income
more than once. The obvious reason that people debate double taxation is that
the same money is being earned once but taxed twice.
1. Legislation
Legislation must be enacted to remove elements of double taxation, which is inefficient
and discourages investment. If investors are able to receive their dividends tax-free,
they will be inclined to invest more rather than retain profit, especially for mature
companies that do not need much capital.
2. Pass-through taxation
It involves structuring the business as a sole proprietorship, a partnership, or an LLC
adopt pass-through taxation features. There are no dividends in such structures, as
profits are shared between the owner(s)/partners. However, the strategy is only
applicable to small organizations.
DTAs encourage cross-border trade and investment between countries. When trade
between two countries is growing, and both countries anticipate further growth, they
usually facilitate the signing of a DTA to eliminate double taxation and improve trade
between them. The DTA establishes rules and regulations of how income earned
through cross-border transactions is treated and ensures that the income is not
compromised through double taxation.
A DTA can require that tax is charged in the investor’s home country and is exempt in
the country where the income is generated. Alternatively, an investor may be levied tax
where the income arises, and the investor will receive a foreign tax credit in the home
country.
1. Exemption method
Under the exemption method, a taxpayer is exempt from tax in their resident country or
jurisdiction regardless of where the income is generated. However, taxpayers are liable
to pay tax in the host country where income is generated. The exemption method
encourages cross-border investments by investors in their resident countries and
removes barriers to free trade, thereby increasing trade and the globalization of
business.
Countries that solely use the exemption method are termed tax havens, as they do not
tax –or apply low tax rates to – foreign earned income by resident corporations and
individuals. Most tax havens attract wealthy individuals, multinational corporations, and
financial institutions that seek to minimize tax liabilities.
However, tax havens are being criticized for helping protect the financial transactions of
criminals and shady businesses and facilitate money laundering. Examples of tax
havens include The Cayman Islands, Bermuda, The Bahamas, and Cyprus.