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FYCE BM1804 - Income Taxation Handout
FYCE BM1804 - Income Taxation Handout
b. Refund – Remedy in case of excessive or erroneous payment of a tax with the BIR.
Issuance of Preliminary
Assessment Notice (PAN)
NO
BIR will issue a FINAL
Assessment Notice (FAN)
Denied
DECISION IS FINAL
AND IRREVOCABLE
Denial of SC en banc
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
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
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
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
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;
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;
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.