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BM1804 – Income Taxation

WEEK 1 - GENERAL PRINCIPLES OF 3. Necessity Theory or Principle of


TAXATION Necessity – Tax laws are created to support
the necessity of any state. The burden for
Republic Act No. 10963 expenses to maintain the sovereignty,
• Otherwise known as the Tax Reform for services of the government, and
Acceleration and Inclusion (TRAIN) Law administrative expenses must be borne by its
• Purposes: own people.
a. Enhance progressivity of the tax system
b. Provide, as much as possible, an Basic Principles of a Sound Tax System (Key:
equitable relief FAT)
c. Ensure that the government is able to 1. Fiscal Adequacy – Sufficiency to meet
provide the needs of its jurisdiction government expenditures and other public
needs
Three (3) Inherent Powers of a State 2. Administrative Feasibility – The capability
1. Power to Tax – It is an inherent power to of being enforced
enforce contribution to support the 3. Theoretical Justice (Ability to Pay Theory)
government to be used for public purposes. It – Otherwise known as equitability, this
is regarded as supreme, plenary, unlimited, principle believes that taxation is based on
and comprehensive. the taxpayer’s ability to pay; thus, it must be
2. Police Power – It is an inherent power to progressive.
legislate for the protection of the health,
general welfare, safety, and morals of the Inherent Limitations (Key: TIPEN)
public. 1. Territoriality
Note: It may be exercised through taxation General Rule: The power of taxation could
because taxes may be levied for the promotion of be exercised only within the territorial
the welfare of the public. boundaries of the taxing authority.
3. Power of Eminent Domain – It is an inherent Exceptions:
power to take private property for a public • Tax laws operate outside territorial
purpose. jurisdiction.
Note: Any property shall not be taken for public o Resident citizens are taxable on
use without just compensation.
their incomes derived from
abroad.
Similarities of the Inherent Powers of the State
• Tax law does not operate within the
1. Inherent of the State
territorial jurisdiction of the state.
2. They exist independently of the Constitution,
o Exempted by treaty obligations
although the Constitution may prescribe the
o Exempted by international comity
conditions for their exercise.
2. International comity – The property or
3. Ways by which the State interfere with private
income of a foreign state or government may
rights and property
not be subject to taxation by another.
4. Legislative in nature
Example: Income derived by a foreign
5. Presuppose an equivalent compensation
government from investments in the
directly or indirectly received
Philippines in loans, stocks, bonds, or other
domestic securities or from the interest on
Purposes of Taxation
deposits in banks are exempted from
• Primary – To raise revenue/funds to support payment of income tax. [NIRC of 1997, Sec.
the necessary expenses of the government
32 (B) (7)]
• Secondary: 3. Public purpose – The power of tax exists for
a. Regulatory purposes the general welfare. It would be robbery for
b. Compensatory purposes the State to tax its citizens and use funds
Note: The above purposes also serve as the definition
of taxation.
generated for a private purpose.
4. Exemption of the government
Theories or Basis of Taxation General Rule: As a matter of public policy,
1. Life-blood Theory – Taxes are the lifeblood property of the State and of its municipal
of the government; without it, the government subdivisions devoted to government uses
can neither operate nor survive. and purposes is deemed to be exempt from
2. Benefits Protection Theory (Symbiotic taxation.
Relationship) – Taxes are what we pay for a Reason: For the government to tax itself is
civilized and organized society. like getting money from one pocket (paying

First Year Comprehensive Exam (FYCE) Handout *Property of STI


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BM1804 – Income Taxation

taxes) and placing it in another pocket Nature or Construction of Tax Laws


(collecting taxes). 1. Tax laws are prospective, generally, but can
Exception: Sovereignty is absolute, and have retrospective application.
taxation is an act of high sovereignty; • The constitutional prohibition against
therefore, the state, if it is so minded, could the passage of laws having a
tax itself. retrospective application is limited to
5. Non-delegability of the taxing power penal or criminal statutes. Therefore, it
General Rule: The power to tax is inherently is not applicable to tax laws for being
legislative (Congress). civil in nature. However, they can be
Exceptions: given retrospective application if
• Can be delegated to the President expressly declared by the tax law.
o Shall have the power to veto any 2. A statute will not be construed as imposing a
part; and tax unless it does so clearly and
o Fix within specified limits the unambiguously.
tariff rates, import or export • In case of doubt, statutes imposing a tax
quotas, tonnage wharfage dues, are construed most strongly against the
and other duties or imports government and liberally in favor of the
• Can be delegated to local citizen.
governments 3. Tax exemptions are to be construed strictly
o Power to create municipal against the taxpayer.
corporations and tax such local • Legal provisions providing for tax
governments exemptions are construed strictly
• Can be delegated to administrative against the grant (taxpayer) and liberally
agencies in favor of the taxing power
o Certain aspects of the taxing (government)
process that are not legislative in Note: Tax laws are interpreted against the
nature such as the valuation of government and in favor of the taxpayer. Tax
properties for tax purposes, etc. exemptions are interpreted against the taxpayer
and in favor of the government.
Tip: Understand and memorize the above inherent 4. Revenue laws are not political in nature.
limitations. All other limitations, aside from the given, 5. The legislative intention must be considered.
will fall under Constitutional Limitations. 6. Tax laws are special laws and prevail over
general laws.
Doctrines in Taxation
1. Prospectivity of tax laws – Tax laws do not Forms of Escape from Taxation
have a retroactive application. 1. Shifting of the burden of the tax – It is the
2. Imprescriptibility - Unless provided by law process of transferring the burden from one
itself, taxes, in general, are not cancelable. taxpayer to another without any violations of
3. Double Taxation – It presupposes the the law.
existence of two (2) tax laws that impose dual 2. Capitalization – It is lowering the price of the
burdens upon the taxpayer. product, provided the taxes will be
shouldered by the buyer.
Two (2) Types of Double Taxation 3. Transformation – The manufacturer or
1. Direct Double Taxation, where producer pays the tax imposed on him. He
a. The same subject is taxed twice; then recoups the tax paid by paying his
b. By the same taxing authority; production more efficient and lowering his
c. Within the same jurisdiction; cost of production.
d. During the same taxing period; and 4. Tax exemption – It is the freedom from the
e. Covering the same kind of character of burden of paying tax.
tax. 5. Tax avoidance – The means used in
Note: All elements must be met to be classified as minimizing taxes are legal and not prohibited
direct double taxation. by law.
6. Tax evasion – The means used to lessen or
2. Indirect Double Taxation – when one of the defeat taxes are pretenses and forbidden.
elements of direct double taxation is absent
There is no constitutional prohibition against Tax Administration
double taxation in the Philippines, though it is • A system involving assessment, collection,
not favored. and enforcement of taxes, including the
execution of the judgment in all tax cases

First Year Comprehensive Exam (FYCE) Handout *Property of STI


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BM1804 – Income Taxation

• The Bureau of Internal Revenue (BIR) chief WEEK 2 - TAX REMEDIES


is known as Commissioner of Internal
Revenue (CIR). Remedies of the Government
• The four (4) assistant chiefs are known as A. Administrative Remedies
Deputy Commissioners. 1. Distraint – The government seizes
personal properties to carry out the
payment of taxes.
Caesar R. Dulay Requisites:
Commissionar of
Internal Revenue • Taxpayer is delinquent (except in
constructive distraint);
• Demand has been made;
Arnel SD.
Guballa Marissa O. Lanee C. David
Celia C. King • Taxpayer fails to pay the said tax
Cabreros Deputy
Deputy
Deputy
Commissioner
Commissioner at the allotted time; and
Deputy
Commissioner
Operation
Commissioner Information
Resource
Management
• Period has not yet prescribed.
Legal Group Systems Group
Group Group
Two (2) Types of Distraint
• Actual – Actual confiscation of the
Figure 1. BIR Management Team personal property
• Constructive – Taxpayer is
Powers and Duties of Bureau of Internal banned from disposing of his
Revenue (BIR) property.
1. Assess and collect all national internal The following are cases where a
revenue taxes, fees, and charges taxpayer may be subject to
2. Enforce all forfeitures, penalties, and fines constructive distraint per Section
connected therewith 206 of the amended National
3. Execute judgments in all cases decided in its Internal Revenue Code (NIRC) if
favor by the Court of Tax Appeals (CTA) and he will:
ordinary courts o retire from any business
4. Give effect to and administer the supervisory subject to tax
and police power conferred to it by law o intend to:
5. Recommend to Secretary of Finance all ▪ leave the Philippines,
needful rules and regulations for the effective ▪ remove his property
enforcement of the provisions of the National therefrom, and
Internal Revenue Code ▪ hide or conceal his
property and perform
Powers of Commissioner of Internal Revenue any act tending to
1. Interpret tax laws subject to review by obstruct proceedings for
Secretary of Finance collecting his tax due.
2. Examine any book, paper, record, or other
data which may be relevant or material to a 2. Levy – The government seizes real
tax inquiry properties to carry out the payment of
3. Make assessments taxes.
4. Prescribe real property values by dividing the
country into different zones and determining B. Judicial Remedies
the fair market value (FMV) of real properties 1. Civil Actions
located in each zone 2. Criminal Actions – The taxpayer
5. Obtain any information from any person other may be imprisoned not by reason of
than those whose internal revenue tax liability non-payment of the assessed tax but
is subject to audit or investigation through criminal prosecution of
6. Authority to accredit and register individuals violations of the National Internal
and general professional partnership (GPP) Revenue Code (NIRC).
and their representatives who prepare and Remedies of the Taxpayer
file tax returns, statements, reports, and other 1. Administrative remedies
papers a. Protest – This is a challenge against
7. Prescribe additional procedural or an assessment where the taxpayer
documentary requirements in connection will contradict the final demand of the
with the submission or preparation of BIR.
financial statements accompanying tax return

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BM1804 – Income Taxation

b. Refund – Remedy in case of excessive or erroneous payment of a tax with the BIR.

Tax Audit or Investigation

Issuance of Preliminary
Assessment Notice (PAN)

Replied within 15 days from


the date of receipt of PAN?

NO
BIR will issue a FINAL
Assessment Notice (FAN)

File a protest within 30 days


from the date of receipt of the
FAN
Denied
File a motion for
reconsideration to the CTA Appeal to CTA en banc
division within 15 days within 15 days
BIR denies the protest
from the receipt decision

Denied

File an appeal to Court of Tax Appeal to Supreme Court


Appeal (CTA) 30 days from the (SC) within 15 days
receipt of denial or within 30 CTA denies the appeal
days from the lapse of 180-day
period
Appeal to SC en banc within
15 days

DECISION IS FINAL
AND IRREVOCABLE
Denial of SC en banc

Figure 2. Taxpayers Remedy

Surcharges, Interest, Compromise Penalty Commissioner of Internal Revenue


These are in addition to the basic tax. (CIR).
1. Surcharges b. 50% surcharge
a. 25% surcharge i. Willful neglect; and
i. Failure to file any return and pay ii. Files only after prior notice of the
the tax due on time; BIR.
ii. Failure to pay the full or part of the 2. Interest
amount of tax shown on any return; a. Twenty percent (20%) cumulative per
iii. Failure to pay deficiency tax within year of any unpaid tax liability running
the time prescribed for its payment from the date of the prescribed payment
in the notice of assessment; and until the amount is fully paid
iv. Filing a return with an internal 3. Compromise
revenue officer other than those a. Ten percent (10%) of basic tax
with whom the return is required to assessed due to financial incapacity
be filed unless authorized by the

First Year Comprehensive Exam (FYCE) Handout *Property of STI


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BM1804 – Income Taxation

b. Forty percent (40%) of basic tax iii. Comes to the country without a
assessed due to doubtful validity definite intention as to his stay
4. Non-Resident Alien (NRA)
a. Non-Resident Alien Engaged in Trade or
WEEKS 3–4 - INDIVIDUAL INCOME Business (NRAETB)
TAXATION i. Stay in the Philippines for >180 days
during the year.
Types of Taxable Individuals b. Non-Resident Alien Not Engaged in
1. Resident Citizen (RC) – Under Sec. 1. Art. Trade or Business (NRANETB)
IV of the 1987 Constitution, the following are ii. Stay in the Philippines for ≤ 180 days
citizens of the Philippines: during the year.
a. Those who are citizens at the time of the Note: For NRC, it is 183 days. For NRAs, it is 180 days.
adoption of the 1987 Constitution;
b. Those whose fathers or mothers are Special Individual Taxpayers
citizens; 1. Non-resident alien cinematographic film
c. Those born before January 17, 1973 of owner, lessor, or distributor
Filipino mothers, and who elect • Subject to 25% final tax on gross income
Philippine citizenship upon reaching 2. Subcontractor, whether citizen, resident
majority age; alien, or NRAETB, of service, contractors
d. Those who are naturalized in accordance engaged in petroleum operations
with law; and • Subject to 25% final tax on gross income
e. Whose residence is within the 3. Filipinos registered with the Board of
Philippines. Investments (BOI) availing of Income Tax
2. Non-Resident Citizen (NRC) – According to Holiday (ITH)
Sec. 22 (E) of the NIRC, non-resident citizen • Exempt
of the Philippines who: 4. *PEZA-registered individuals availing of ITH
a. Establishes to the satisfaction of the • Exempt
Commissioner his definite intention to 5. PEZA-registered individuals availing of 5%
reside abroad; Gross Income Tax (GIT)
b. Leaves the Philippines during the taxable • Subject to 5% GIT
year to reside abroad on a permanent 6. Individual registered as a Barangay Micro-
basis either as an immigrant or economic Business Enterprise (BMBE)
employee; • Exempt
c. Works and derives income from abroad 7. Minimum Wage Earners (MWEs)
and whose employment thereat requires • Exempt
him to be physically present abroad most
of the time (183 days or more) during the * Philippine Economic Zone Authority
taxable year; and
d. Has been previously considered as non- Only registered activities of the PEZA- and BOI-
resident citizen and who arrives in the registered individuals will be exempt. Income
Philippines at any time during the taxable derived from the unregistered activities will be
year to reside permanently in the subject to Regular Income Tax.
Philippines (taxable on his income
derived from the date of his arrival). Summary of Individual Returnable Income
3. Resident Alien (RA) – Not a citizen of the Sources
Taxpayer Tax Base Tax Rate
Philippines but is residing within the of Income
Philippines. R.C. Within a. Taxable For a and
a. Foreign individuals who have stayed in and Compensation b,
the Philippines for more than one (1) year Without Income; graduated.
b. An alien who: NRC Within
R.A. Within For c, 8%
i. Is not a mere transient or sojourner;
ii. Comes to the country for a definite
purpose that requires extended stay
in the Philippines; and

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BM1804 – Income Taxation

Taxpayer
Sources
Tax Base Tax Rate
contract price, compensation, service fee,
of Income rental, or royalty, including the amount
NRAETB Within b. Taxable Net charged for materials supplied with the
Income; or services, and deposits and advance
payments actually or constructively received
c. Gross
Sales/Receipts
during the taxable period for the services
Plus Non- performed or to be performed for another
Operating person
Income 3. Gross Sales – Equal to the total sales
NRANETB Within Gross Income 25% F.T. transactions net of value-added tax (VAT), if
applicable, reported during the period,
Determining Whether Income Within or without any other deductions
Without Exception: If subject to 8% income tax rate,
Income Source of Income these will be deducted:
Interest Income Residence of the debtor a. Sales return and allowances; and
Income from services Place of performance b. Discounts determined and granted at
Rent Location of property
the time of sales.
Royalty Place of use of
4. Taxable Income – Equal to gross income
intangible
Gain on sale of real Location of property
less deductions
property
Gain on sale of personal Place of sale Minimum Wage Earner – A worker in the private
property purchased in sector who is paid with a statutory minimum wage
one country and sold in (SMW) rates, or to an employee in the public
another sector with compensation income of not more
Dividend from domestic Income within than the statutory minimum wage rates in the
corporation non-agricultural sector where the employee is
Dividend from domestic Income without assigned. The minimum wage earner is
corporation Except: If 50% or more exempted from income tax.
(≥ 50%) of the gross
income of the foreign
corporation for the Pure Compensation Earner – Taxable income
preceding three (3) for compensation earners is the gross
years prior to the compensation income less non-taxable benefits.
declaration of dividend Husband and wife shall compute their individual
or from its existence was income tax rate separately.
derived from sources
within the Philippines, Note: Any income that cannot be attributed or
then part of the dividend identified as income exclusively earned by either of the
is income within. spouses, the same shall be divided equally.
Sale of domestic shares Income within
Sale of foreign shares Income without Individual Earning Purely from Self
Income from Partly within and without Employment or Practice of Profession – If their
transportation and other gross sales/receipts and other non-operating
services rendered partly income do not exceed the VAT threshold of
within and partly without P3,000,000, they shall be subject to either of the
following:
Regular Income Taxation for Individual 1. Graduated rates
Terminologies used in Section 2 of R.R. No. 8- i. This is the default scheme.
2018: 2. Eight percent (8%) on gross sales or
1. Compensation Income – All remuneration receipts and other non-operating income
for services performed by an employee for ii. The intention to be taxed at 8% must
his employer under employee–employer be signified at the initial quarter of the
relationship, unless specifically excluded by taxable year. Otherwise, the taxpayer
the Code will be subject to graduated rates.
2. Gross Receipts – The total amount of Even if the taxpayer initially selected the 8%
money or its equivalent representing the income tax rate but exceeded the VAT threshold

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BM1804 – Income Taxation

of P 3,000,000 during the taxable year, the Benefits Limit of Exemption


taxpayer shall automatically be subject to the Employees’ achievement
graduated rates. award (e.g., for the length
of service or safety
achievement, which must P10,000/year
Mixed Earner – Individuals who earn income
be in the form of tangible
from both compensation and self-employment. personal property other
• Compensation income – Graduated than cash or gift certificate)
rates Gifts made during
• Income from self-employment – Used Christmas and major P5,000/year
the rules used in the discussion of anniversaries
individual Earning Purely from Self Daily meal allowance for 25% of the basic
Employment or Practice of Profession overtime work and minimum wage on a
night/graveyard shift per-region basis
Benefits received under
collective bargaining
VAT- Yes P10,000
Graduated agreement and productivity
Registered incentive schemes
Tax Rates
plus 12%
VAT WEEK 6 - FINAL WITHHOLDING TAX
No

It is a withholding tax that is prescribed only for


Gross Sales/Receipt certain payors and is not creditable against the
exceeded the P3,000,000 Yes income tax due of the payee for the taxable year.
VAT threshold
No Final Withholding for Individual
Withholding Tax for Non-Resident Alien Not
Engaged in Trade or Business (NRANETB) is
8% tax on 25% of all the gross income from all sources
Graduated
gross Or Tax Rates within the Philippines, except for interest earned
sales/receipt plus 3% from foreign currency deposit units, in which he is
s (in excess percentage exempt.
of P250,000) tax
Citizen and
Figure 3. Individuals earning income purely from self- Passive Income NRAETB
employment or practicing of profession RA
Interest from any peso 20% 20%
currency deposit
De Minimis and Other Benefits
Yield or monetary 20% 20%
Benefits Limit of Exemption
benefit from deposit
Monetized unused vacation substitutes, trust
leave credits of private 10 days funds, and similar
employees arrangements
Monetized value of vacation Royalties 20% 20%
and sick leave credits paid
No limit
to government officials and Except royalties on
employees books, literary works, 10% 10%
Medical cash allowance to P1,500/semester; and musical
dependents of employees P250/month compositions
Rice subsidy P 2,000 or one sack Prizes of more than 20% 20%
of 50kg. rice/month 10,000
amounting to not
more than P2,000 Except prizes of *Included in *Included
Uniform and clothing 10,000 or less the ITR in the
P 6,000/year
allowance ITR
Actual medical assistance Winnings 20% 20%
(e.g., medical allowance to
P10,000/year
cover medical and PCSO and Lotto Exempt if Exempt
healthcare needs, etc.) Winnings P10,000 or
Laundry allowance P300/month less

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BM1804 – Income Taxation

Passive Income
Citizen and
NRAETB
Where:
RA 𝐹𝑟𝑖𝑛𝑔𝑒 𝐵𝑒𝑛𝑒𝑓𝑖𝑡 𝐸𝑥𝑝𝑒𝑛𝑠𝑒 = 𝑀𝑜𝑛𝑒𝑡𝑎𝑟𝑦 𝑉𝑎𝑙𝑢𝑒
Interest from 15% Exempt
depositary bank under Excluding: Then,
foreign currency NRC for they
𝐺𝑈𝑀𝑉 = 𝐹𝐵𝑇 𝐷𝑢𝑒 + 𝑀𝑜𝑛𝑒𝑡𝑎𝑟𝑦 𝑉𝑎𝑙𝑢𝑒
deposit system are Exempt
Interest income from Exempt Exempt
long-term investments A. Housing Fringe Benefits
of five (5) years or Housing Annual Monetary
more Privilege Value of Value
Benefit
If pre-terminated, with Lease of Amount of 50% x
the following remaining residential rental paid rental
maturity: property for payments
o Four (4) years to 5% 5% residential use
less than five (5) of employee
years Assignment of Fair Market [5% (FMV
o Three (3) years to 12% 12% residential Value (FMV) or Z.V.,
less than four (4) property for the or Zonal whichever
years use of employee Value (Z.V.), is higher]
o Less than three 20% 20% whichever is
(3) years higher
Cash or property 10% 20% Purchase of Acquisition 5% x AC
dividend received from residential cost (A.C.), x 50%
a domestic corporation property on exclusive of
or regional operating installment basis interest
headquarter of a for the use of
multinational company employee
Share of an individual 10% 20% Purchase of The FMV or FMV or
partner in the after-tax residential Z.V., Z.V.,
net income of a property and whichever is whichever
business partnership ownership is higher is higher
transferred in
* Subject to Regular Income Tax, to be part of the name of the
employee
Other Income.
B. Motor Vehicles
WEEK 7 - FRINGE BENEFITS TAX (FBT)
Motor Vehicle Annual Monetary
Privilege Value of Value
It is a tax to any good, service, or other benefit Benefit
furnished or granted in cash or kind by an Purchase of Acquisition A.C.
employer to an individual managerial and motor vehicle in Cost (A.C.)
supervisory employee. the name of the
employee
Under TRAIN, the following rates must be Cash for the Cash Cash
observed. purchase received by received
Taxpayers Fringe Benefit Grossed- provided by the employee by
Rate up Divisor employer employee
R.C., NRC, R.A. 35% 65% Purchase on an Acquisition AC/5
NRANETB 25% 75% installment basis Cost (A.C.)
by the employer
in the name of
Valuation of Fringe Benefits the employee
Grossed-up Monetary Value (GUMV) – It A portion of Amount Amount
represents the whole amount of income realized purchase price shouldered shouldere
by the employee. shouldered by by the d by the
𝑀𝑜𝑛𝑒𝑡𝑎𝑟𝑦 𝑉𝑎𝑙𝑢𝑒 the employer employer employer
𝐺𝑈𝑀𝑉 =
𝐺𝑟𝑜𝑠𝑠𝑒𝑑 − 𝑢𝑝 𝐷𝑖𝑣𝑖𝑠𝑜𝑟

𝐺𝑈𝑀𝑉 = 𝐹𝐵𝑇 𝐷𝑢𝑒 + 𝐹𝑟𝑖𝑛𝑔𝑒 𝐵𝑒𝑛𝑒𝑓𝑖𝑡 𝐸𝑥𝑝𝑒𝑛𝑠𝑒

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BM1804 – Income Taxation

Motor Vehicle Annual Monetary G. Educational Assistance


Privilege Value of Value Subject to FBT Not subject to FBT
Benefit Cost of education If:
A fleet of motor Acquisition (AC/5) x assistance which is a. The education or
vehicles owned cost divided 50% borne by the study involved is
and maintained by five (5) employer directly connected
by the employer years with the employer’s
for the use of the trade, business, or
business and profession
employee. b. There is a written
A fleet of motor Rental Rental contract that the
vehicles leased Payments payments employee is under
by the employer x 50% obligation to remain
for the employee in the employ of the
employer for a
C. Use of aircraft – Treated as business use, period time mutually
thus, will be subject to fringe benefit tax. agreed upon
D. Use of yacht – Treated as taxable fringe Cost of educational If the assistance was
benefit. The value of benefit is based on the assistance provided through a
extended by an competitive scheme
depreciation at an estimated useful life of 20 employer to the under the scholarship
years. dependents an program of the company
E. Interest on loans at less than legal rate – employee
The difference between the interest assumed
by the employee and the benchmark interest H. Cost of Insurance
rate. Subject to FBT Not subject to FBT
F. Foreign Travel Expenses Cost of life or health Contributions of the
Subject to FBT Not subject to FBT insurance and other employer for the
a. Traveling Reasonable expenses non-life insurance benefit of the
expenses paid of the employee paid by premiums allowed employee, pursuant to
by the the employer to attend by the employer for the provision of
employer for business meetings or his employee existing law, such as
the travel of foreign conventions: SSS or GSIS
the family Cost of premiums
members a. Inland travel allowed by the
b. Lodging cost in expenses such as employer for the group
a hotel or expenses for food, insurance of his
similar beverage, and employees
establishment local transportation
in excess of b. Cost of lodging in I. Other Expenses Subject to Fringe Benefit
US$ 300 a hotel or similar
Tax
c. Thirty percent establishment
of the cost of amounting to an 1. Household expenses
the first-class average of US$ 2. Membership fees, etc.
airplane 300 or less per day 3. Holiday and vacation expenses
d. No c. Cost of economy
documentary and business WEEK 8 - GROSS INCOME
evidence class airplane
showing that tickets Items of Gross Income
the employee’s d. Seventy percent 1. Compensation of services in whatever form
travel abroad of the cost of first-
paid, including fees, salaries and wages,
was in class airplane
connection tickets commissions, and similar items
with business 2. Gross income derived from the conduct of a
meetings or trade or business or the exercise of a
conventions, profession
all of the cost 3. Gains from dealings in property
or expenses 4. Interests
will be subject 5. Rents
to FBT 6. Royalties

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BM1804 – Income Taxation

7. Dividends c. Disability
8. Annuities d. Reorganization/Merger of the company
9. Prizes and winnings e. Company on the brink of bankruptcy
10. Pensions 8. Pension – It is a stated allowance paid
11. Partners’ distributive share from the net regularly to a person on his retirement or his
income of the general professional dependents on his death, in consideration of
partnership past services, exemplary work, age, loss, or
injury.
Classifications of Compensation Income 9. Other forms of compensation – Other
1. Basic salary or wage forms received due to service rendered are
• Salary refers to the earnings received compensation paid in kind. Note that
periodically for regular work. compensation can be paid in kind, but taxes
• Wage according to specified intervals of are generally paid in money.
work, as by the hour, day, or week.
2. Honoraria – These are payments given in Exclusions from Gross Income
recognition for services performed for which 1. Life insurance – These are the proceeds of
established practice discourages charging a life insurance policies paid to the heirs or
fixed fee. beneficiaries upon the death of the insured,
3. Fixed or variable allowances – These are whether in a single sum or otherwise.
fixed or variable transportation, However, if the insurer holds such amounts
representation, cost of living allowances under an agreement to pay interest thereon,
(COLA), and other allowances that are the interest payments shall be included in
received by a public officer or employee or gross income.
officer or employee of a private entity. 2. The amount received by the insured as a
4. Commission – It is usually a percentage of return of premium – This is the amount
total sales or on a certain quota of sales received by the insured as a return of
volume attained as part of the incentive, such premiums paid by him under life insurance,
as sales commission. endowment, or annuity contracts.
5. Fees – These are received by an employee 3. Gifts, bequests, and devises – The value of
for the services rendered to the employer, property acquired by gift, bequest, devise, or
including a director’s fee of the company, descent; provided, however, that income
fees paid to the public officials, etc. from such property, in cases of transfers of
6. Retirement pay – It refers to a lump-sum divided interest, shall be included in gross
payment received by an employee who has income.
served a company for a considerable period 4. Compensation for injuries or sickness –
and has decided to withdraw from work into This is the amounts received, through
privacy. In general, retirement pay is taxable Accident or Health Insurance or under
except in the following instances: Workmen’s Compensation Acts, as
a. SSS or GSIS retirement pays compensation for personal injuries or
b. Retirement pay due to old age, provided sickness, plus the amounts of any damages
that the following requisites are met: received, whether by suit or agreement, on
i. BIR Commissioner approves the account of such injuries or sickness.
retirement program. 5. Income exempt under the treaty – It is an
ii. It must be a reasonable benefit income of any kind to the extent required by
plan. any treaty obligation binding upon the
iii. The retiree should have been 50 government of the Philippines.
years old at the time of retirement. 6. Retirement benefits, pensions, gratuities,
iv. It should have been availed of for etc. (Bureau of Internal Revenue, 2018)
the first time. a. Retirement benefits received by officials
7. Separation pay – It is taxable if availed and employees of private firms:
voluntarily by the employee . It shall not be i. The retiring official or employee has
taxable if involuntary. been in the service of the same
Examples of involuntary separation: employer for at least 10 years and is
a. Death not less than 50 years of age at the
b. Sickness time of his retirement; and

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BM1804 – Income Taxation

ii. shall be availed of by an official or WEEK 9 - DEDUCTIONS FROM GROSS


employee only once. INCOME
b. Any amount received by an official or
employee or by his heirs from the Deductions are items or amounts which the law
employer as a consequence of his allows to be deducted from the gross income of a
separation from the service of the taxpayer to arrive at taxable income and thereby
employer for any cause beyond his determine the amount of the tax which is due (De
control Leon & De Leon, 2016).
i. The provisions of any existing law to
the contrary notwithstanding, social Exclusions Deductions
security benefits, retirement Refers to the flow of Refers to the amounts
gratuities, pensions, and other wealth which are not which the law allows to
treated as part of gross be subtracted from
similar benefits received by a
income due to the gross income to arrive
resident or non-resident citizen of the following: (1) exempted at net income
Philippines or aliens who come to by the fundamental law;
reside permanently in the Philippines (2) exempted by the
from foreign government agencies statute; (3) does not
and other institutions, private or come within the
public. definition of income
ii. Payments of benefits any person Pertains to the Pertains to the
residing in the Philippines under the computation of gross computation of net
laws of the United States income income
Something earned or Something spent or
administered by the United States
received by the paid on earning of gross
Veterans Administration. taxpayer which do not income
iii. Benefits received from Social SSS form part of gross
and GSIS income
7. Miscellaneous items
a. Income derived by foreign government – Requisites for Deductibility
Income derived from investments in the Deduction is strictly construed against the
Philippines in loans, stocks, bonds or taxpayer. They are not presumed but allowable
other domestic securities, or from interest only because of specific provisions of law and not
on deposits in banks in the Philippines under any general equitable or constitutional
b. Income derived by the government or its concept.
political subdivisions – Income derived
from any public utility or the exercise of The taxpayer seeking a deduction must be able
any essential governmental function to prove that he is entitled to the deduction which
accruing to the government of the the law allows. Adequate records should be kept
Philippines or any political subdivision to support deductions, except when the law
thereof dispenses the records, documents, or receipts to
c. Prizes and awards – Made primarily in support the deductions.
recognition of religious, charitable, Any amount paid or payable, which is otherwise
scientific, educational, artistic, literary, or deductible from or considered in computing gross
civic achievement but only if: income or for which depreciation or amortization
i. the recipient was selected without may be allowed, shall be allowed as deduction
any action on his part to enter the only if it is shown that the tax required to be
contest; deducted and withheld therefrom has been paid
ii. no substantial service is required to the BIR.
d. Prizes and awards in sports competition
– All prizes and awards granted to Types of Deductions
athletes in local and international sports Deductions from gross income are classified as
competitions and tournaments follows:
1. Optional standard deduction (OSD)
2. Regular allowable itemized deduction
3. Special allowable itemized deduction

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BM1804 – Income Taxation

According to the Implementing Income Tax • There must be a legal liability to pay
Provisions of R.A. No. 10963, R.R. No. 8-2018, in interest; and
general, there shall be allowed at the option of the • It must be paid or incurred during the
taxpayer, itemized deductions, or an Optional taxable year.
Standard Deduction (OSD) at the rate of 40%. In
the case of individual taxpayers, OSD shall be 3. Entertainment, Amusement, and
computed at the rate of 40% of gross Recreation
sales/receipts, as the case may be. Corporations These are subject to the following ceilings:
may elect a standard deduction in an amount not • One-half percent (½%) of net sales for
exceeding 40% of its gross income. taxpayers engaged in sale of goods or
properties; and
However, no deductions shall be allowed to • One percent (1%) of net revenue for
individual taxpayers earning compensation taxpayers engaged in sale of services
income arising from personal services rendered
under an employer–employee relationship, and 4. Taxes
those who opted to be taxed at 8% income tax General Rule: Taxes paid or incurred within
rate on their income from the business/practice of the taxable year in connection with the
the profession (Bureau of Internal Revenue, taxpayer’s profession, trade, or business,
Revenue Regulations No. 8-2018, 2018). shall be allowed as deduction.
5. Losses
Itemized Deductions • Casualty losses
These are the allowable itemized deductions: • Net operating loss carry-over (NOLCO)
1. Ordinary and necessary trade, business, or
• Capital losses and securities becoming
professional expenses
worthless
• Salaries, wages, and other forms of
• Special losses
compensation for personal services
a. Losses from wash sales of stock
rendered, including the grossed-up
or securities
monetary value of fringe benefit
b. Wagering losses
granted by the employer to the
c. Abandonment losses
employee
6. Bad debts
• Travel expenses Requisites for deductibility:
• Rentals • There must be an existing
• Entertainment, amusement, and indebtedness due to the taxpayer,
recreational expenses which must be valid and legally
• Other necessary business expenses demandable;
Requisites for deductibility: • The same must be connected with the
• Must be ordinary and necessary taxpayer’s trade, business, or practice
• Paid or incurred during the taxable year of the profession;
• Connected with trade, business, or • The same must not be sustained in a
practice of the profession transaction between related taxpayers;
• Supported by sufficient evidence • The same must be charged off in the
• Not against the law, morals, public books of accounts of the taxpayer as of
policy, or public order the end of the taxable year; and
• Must have been subjected to • The same must be ascertained to be
withholding tax, if applicable worthless and uncollectible.

2. Interest 7. Depreciation
Requisites for deductibility: Requisites for deductibility:
• There must be an indebtedness; • The property subject to depreciation is
• The indebtedness must be that of the used in the trade, business, or practice
taxpayer; of the profession;
• The indebtedness must be connected • The allowance for depreciation must
with the taxpayer’s trade, business, or be sustained by the person who owns
practice of the profession; or who has a capital investment in the
property;

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BM1804 – Income Taxation

• The allowance for depreciation must • Donations to accredited non-


be reasonable; government organizations:
• The allowance for depreciation should a. Organized and operated
not exceed the cost of the property; exclusively for science, research,
• The schedule of the allowance must be education, character building,
attached to the return. youth and sports development,
health, social welfare, culture,
8. Depletion of oil and gas wells and mines charitable purposes, or a
In the case of oil and gas wells or mines, combination thereof;
capital invested may be amortized using b. No part of the net income of which
cost-depletion method provided: inures to the benefit of any private
• When allowance for depletion shall individual; and
equal capital invested, no further c. The level of administrative
allowance shall be granted; and expense of which shall, on an
• After production in commercial annual basis, in no case exceed
quantities has commenced, intangible 30% of the total expenses.
exploration and development drilling
costs shall be treated as follows: 10. Research and development
Kinds Treatment If not chargeable to Claim as outright
Incurred for non- Deductible in the capital account expense
producing wells year incurred If chargeable to At the option of the
and/or mines capital account but taxpayer:
Incurred for At the option of the not chargeable to
property subject to OPTION 1: Claim as
producing wells taxpayer: outright expense
and/or mines depreciation or
OPTION 1: depletion OPTION 2: Amortize
Deductible in full in over 60 months
the year paid or If chargeable to Capitalize
incurred property subject to
OPTION 2: depreciation or
Capitalized and depletion
amortized
In the case of non-resident aliens engaged in 11. Pension trusts
a trade or business or resident foreign Amount deductible:
Actual contribution to the extent of P xxx
corporations, depletion shall be allowed only
pension’s liability
if the oil and gas wells or mines are located in Amortization of past service cost xxx
the Philippines. Total P xxx
9. Charitable and other contributions
• Pension liability is equivalent to normal
The following charitable contributions shall
cost.
be fully deductible:
• Past service cost is the excess of
• Donations to the government of the actual contributions over the normal
Philippines or any of its agencies or
cost. It shall be amortized over 10
political subdivisions, including fully-
years.
owned government corporations,
exclusively to be used in undertaking
Optional Standard Deductions
activities in education, health, youth,
The intention to be taxed at the OSD must be
sports development, human
signified by the taxpayer. Otherwise, he shall be
settlements, science and culture, and
considered of having availed of the itemized
economic development;
deductions. Such election of the option, when
• Donations to foreign institutions or made in return, shall be irrevocable for the
international organizations which are taxable year for which the return is made.
fully deductible in pursuance of
agreements, treaties, commitments, or The OSD allowed individual taxpayers, except
special laws; and non-resident aliens, shall be 40% of gross
sales/receipts during the taxable year. An

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BM1804 – Income Taxation

individual who is entitled to and claimed for the d. Proprietary educational institutions / non-
OSD shall not be required to submit with the tax profit hospitals;
return such as Financial Statements, otherwise e. Foreign Currency Depositary Units
required under the Tax Code, as amended. A (FCDUs) of domestic banks;
General Professional Partnership (GPP) may f. Service contractors or subcontractors
avail of the OSD only once, either by the GPP or engaged in petroleum operations;
the partners comprising the partnership (Bureau g. Ecozone enterprises; and
of Internal Revenue, Revenue Regulations No. 8- h. Exempt corporations
2018, 2018). 2. Resident Foreign Corporations
a. In general, those that are incorporated
WEEKS 11–13 - INCOME TAX ON outside the Philippine Laws but establish
CORPORATIONS their physical presence in the Philippines;
b. Resident international carriers;
Corporations are subject to seven (7) types of c. Offshore banking units (OBUs);
income taxes: d. Regional operating headquarters
A. Standard Income Tax (ROHQs) of multinational companies
1. Net Income Tax (on Ordinary Income) (MNCs); and
2. Final Withholding Tax (on Passive e. Service contractors or subcontractors
Income) engaged in petroleum operations
3. Capital Gains Tax (on Capital Gains) 3. Non-Resident Foreign Corporations
B. Penalty Income Tax a. In general, those that are incorporated
4. Minimum Corporate Income Tax (MCIT) outside the Philippine laws and do not
5. Improperly Accumulated Earnings Tax establish their physical presence in the
(IAET) country;
C. Special Income Tax b. Non-resident cinematographic film
6. Gross Income Tax (GIT) owner, lessor, or distributor;
7. Branch Profit Remittance Tax (BPRT) c. Non-resident owners/lessor of vessels
chartered by Philippine Nationals; and
Corporation Defined d. Non-resident owners/lessors of aircraft,
According to Section 22(B) of the NIRC, the term machinery, and other equipment.
“corporation” shall include: 4. Exempt Corporations
a. Partnerships, no matter how it was a. Nonstock and non-profit educational
created or organized; institution;
b. Joint-stock companies; b. Government educational institution;
c. Joint accounts; c. Civic league or organization not
d. Associations; or organized for profit but operated
e. Insurance companies. exclusively for the promotion of social
Corporation does not include: welfare; and
a. General professional partnership d. Labor, an agricultural or horticultural
b. Joint venture formed for the purpose of organization not organized principally for
i. undertaking construction projects; or profit.
ii. engaging in petroleum, coal,
geothermal and other energy Penalty Taxes Imposed on Corporations
operations under an operating A. Minimum Corporate Income Tax
agreement of a service contract with 1. Subject
the government • All corporations that are subject to
30% Regular/Normal Corporate
Classifications of Corporations Income Tax (RCIT/NCIT)
1. Domestic Corporations 2. Rate and Base
a. In general, those that are incorporated • Rate – 2% of gross income
under the Philippine Laws • Base – The taxpayer shall pay
b. Government-owned and -controlled whichever is higher between
corporations (GOCCs) (excluding SSS, Minimum Corporate Income Tax
GSIS, PHIC, LWDS); (MCIT) and the (RCIT/NCIT).
c. Taxable partnerships;

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BM1804 – Income Taxation

3. Effectivity Formula of IAET:


• Fourth taxable year immediately Current Years Taxable Income
following the year in which the Plus:
corporation commenced its 1. Income exempt from tax
business—in short, on the fifth year 2. Income subject to final tax
of operations (𝑥 + 4) 3. Income excluded from gross income
4. Carry forward 4. Amount of NOLCO
• Excess MCIT over RCIT shall be Less:
carried and credited to Regular 1. Dividends actually or constructively paid for the
Income Tax Due for the three (3) year
immediate succeeding taxable
2. Income taxes paid for the year (both income tax
years.
and final tax)
5. Rules in Computation
3. Amount reserved for reasonable needs of the
• Excess MCIT, if any, for the year is
business, from applicable years taxable
computed annually, that is, in the
income or 100 % paid – up capital, whichever
fourth quarterly (annual) return. Special Income Taxes
is higher
• Quarterly tax shall be the higher A. Branch Profits Remittance Tax (BPRT)
Equals: IAE
between RCIT/NCIT and MCIT. 1. Transaction subject
• If the quarterly tax due is the MCIT, • Profit remitted by a branch of a
MCIT from previous taxable years is foreign corporation
not allowed to be credited/deducted. 2. Rate and Base
• If the quarterly tax due is the • Rate – 15% final tax
RCIT/NCIT, MCIT from previous • Base – Total profit applied or
taxable years is allowed to be earmark for remittance
credited/deducted. 3. Income not treated as branch profits
• Income that is not connected with the
B. Improperly Accumulated Earnings Tax trade or business in the Philippines
(IAET) 4. Tax treaties
1. Subject • Tax treaties may reduce the 15%
• Domestic corporations that are international treaties
classified as closely held B. Gross Income Tax (GIT)
corporations (corporations where at The option to be taxed at 15% of gross
least 50% of the total voting power of income instead of the 30% net income tax
all classes of stock is owned directly 1. Corporations given the option
or indirectly by not more than 20 • Domestic and resident foreign
individuals) corporation
2. Rate and Base 2. Requisite conditions
• Rate – 10% of the Improperly a. Twenty percent (20%) tax effort ratio
Accumulated Earnings (IAE) on Gross National Product (GNP);
• Base – Improperly Accumulated b. Forty percent (40%) income tax
Earnings collection ratio to total tax revenue of
3. Corporations that are NOT subject to the country;
IAET (Key: BPI TENG) c. Four percent (4%) VAT tax effort of
• Banks and other non-bank financial GNP; and
intermediaries d. 0.9% ratio of Consolidated Public
• Publicly held corporations Sector Financial Position to GNP.
• Insurance companies
• Taxable partnerships Summary of Returnable Income for
• Enterprise duly registered in Tourism Corporation
Infrastructure and Enterprise Zone Taxpayer Sources of Tax Base Tax
Authority (TIEZA) and PEZA Income Rates
Domestic Within and Net Income 30%
• Non-taxable joint ventures
Without
• General professional partnerships RFC Within only Net Income 30%

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BM1804 – Income Taxation

NRFC Within only Gross Income FWT Corporations Tax Rates


of 30% Ecozone enterprises Five percent (5%)
(PEZA) and tourism gross income tax on
Summary of Final Taxes for Corporation enterprises registered registered activities.
Domestic with Tourism The said tax is in lieu of
Passive Income NRFC Infrastructure and other national and local
and RFC
Interest on currency bank 20% 20% Enterprise Zone taxes, except Expanded
deposit Authority (TIEZA) Withholding Taxes
Yield or any other (EWT), FBT, and
monetary benefit from: Withholding on
Compensation.
• Deposit substitutes 20% 30%
• Trust funds and
20% 30% Income from non –
similar arrangements
registered activities will
Royalties 20% 30% be subject to regular
Interest under a income tax.
depositary bank under 7.5% (RFC) Microfinance Non- 2% on its gross
30%
the expanded foreign 15% (DC) government receipts from
currency deposit system Organization (NGO) microfinance, in lieu of
Prizes Income Tax 30% all national taxes.
Return (ITR)
Resident Foreign Corporations Subject to
WEEKS 15–16 - INCOME TAX ON SPECIAL Special Tax Rates
CORPORATIONS Corporations Tax Rates
International carriers 2 ½% of Gross
Domestic Corporations Subject to Special doing business in the Philippine Billings
Tax Rates Philippines
Corporations Tax Rates Offshore Banking Units a. 10% final tax –
Proprietary educational Preferential rate of (OBUs) Income from foreign
institutions (PEIs) 10% of taxable net currency loans
income within and granted to Philippine
without the Philippines residents
Non-profit Hospitals Preferential rate of b. 10% final tax –
(NPH) 10% of taxable net Interest income from
income within and foreign currency
without the Philippines interbank deposits
FCDU of a local bank a. 10% final tax – c. Exempt – Income
under the Expanded Income from foreign from foreign
Foreign Currency currency loans currency
Deposit System (FCDS) granted to Philippine transactions with
residents non-residents,
b. 10% final tax – OBUs, local
Interest income from commercial banks,
foreign currency and branches of
interbank deposits foreign banks
c. Exempt – Income Regional or Area Exempt from the
from foreign Headquarter income tax
currency Regional Operating Ten percent (10%) of
transactions with Headquarter their taxable income
non-residents, Service contractors Eight percent (8%)
OBUs, local engaged in petroleum final tax on gross
commercial banks, operations income
and branches of Ecozone Enterprises 5% gross income tax
foreign banks (PEZA) and Tourism on registered activities.
Service contractors Eight percent (8%) Enterprises registered The said tax is in lieu of
engaged in petroleum final tax on gross with Tourism other national and local
operations income Infrastructure and taxes, except Expanded
Enterprise Zone Withholding Taxes
Authority (TIEZA) (EWT), FBT, and

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BM1804 – Income Taxation

Corporations Tax Rates For electronic filing and payment system (eFPS)
Withholding on Taxpayer – The return shall be e-filed, and the tax
Compensation. shall be e-paid on or before the 15th day of April
of each year, covering income for the preceding
Non-Resident Foreign Corporations Subject taxable year using the eFPS facilitates through
to Special Tax Rates the BIR website.
Corporations Tax Rates
Non-resident 25% Final Tax However, non-eFPS tax filers may opt to use the
cinematographic film electronic format under “eBIRForms” for the
owner, lessor, or preparation, generation, and submission and/or
distributor payment of this return with greater ease and
Non-resident owner or 4 ½% Final Tax on accuracy.
lessor of vessels gross rentals or charter
charted by Philippine fees Date of Filing
nationals
a) Individual – On or before April 15 of the
Non-resident owner or 7 ½% Final Tax on
lessor of aircraft, gross rentals or charter
following year for the taxable income of the
machinery, and other fees previous year. Under the TRAIN Law, they
equipment shall file a quarterly income tax return:
Interest on foreign loans 20% Final Tax
1st Quarter May 15
contracted on or after
August 1, 1986 2nd Quarter August 15
3rd Quarter November 15
Annual April 15
Week 17 - FILING OF RETURNS AND
PAYMENT OF TAXES b) Corporations – Quarterly, returns for the first
three (3) quarters are strictly on a 60-day
Persons Liable to File Income Tax Return basis and the final quarter or adjusted return
• Every Filipino citizen residing in the on the 15th day of the fourth month following
Philippines; the close of either fiscal or calendar year.
• Every Filipino citizen residing outside the
Philippines on his income from sources
within the Philippines; END
• Every alien residing in the Philippines, on
income derived from sources within the
Philippines; and
• Every non-resident alien engaged in trade
or business or in the exercise of a
profession in the Philippines.

Place of Filing
General Rule: The return shall be filed with: References:
1. An authorized agent bank (AAB); Bureau of Internal Revenue. (2018). Computation of
2. Revenue District Officer (RDO), Collection gross income.
https://www.bir.gov.ph/index.php/tax-
Agent, or duly authorized Treasurer of the code.html#title2
city or municipality in which such person Bureau of Internal Revenue. (2018, January 25).
has his legal residence or principal place of Revenue Regulations No. 8-2018. Author.
business in the Philippines; or De Leon, H. S. (2016). The Law on sales, agency and
3. If there be no legal residence or place of credit transactions. Rex Book Store.
business in the Philippines, with the Office De Leon, H. S., & De Leon, H. M. (2016). The law on
of the Commissioner. income taxation. REX Printing Company, Inc.
De Vera, J. L. (2018). Quicknotes in taxation. GIC
For non-electronic filing and payment system Enterprises & Co., Inc.
Valencia, E. G., & Roxas, G. F. (2017). Income
(Non-eFPS) Taxpayer – Apply the general rule in
taxation: Principles and laws with accounting
filing. applications. Valencia Educational Supply.

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