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MODULE2 - IncomeTax - Individual TAX101
MODULE2 - IncomeTax - Individual TAX101
City of Olongapo
GORDON COLLEGE
Olongapo City Sports Complex, East Tapinac, Olongapo City
Tel. No. (047) 224-2089 loc. 314
MODULE 2:
Overview: The Philippines taxes its resident citizens on their worldwide income. Non-resident citizens and aliens,
whether or not resident in the Philippines, are taxed only on income from sources within the Philippines.
Rates of tax on income of aliens, resident or not, depend on the nature of their income (i.e. compensation income,
income subject to final tax, or other income).
Learning Objectives:
General Rule:
Compensation income includes Salaries, wages, honoraria, commissions, taxable bonuses and fringe benefits,
taxable allowances (such as transportation, representation, entertainment, and the like), non-monetary
compensation, director’s fees and the like, taxable pensions and retirement pay, amounts drawn as salaries by
partners of a partnership and other incomes of a similar nature unless specifically exempted by the Tax Code.
2. Business income and income from practice of profession,-these are incomes from business. such as
incomes from manufacturing and selling goods, incomes from buying and selling goods, incomes, fees from
the exercise of profession, gains from sale or exchange of assets other than inventories, commissions, rental
income, and other incomes not covered by compensation income.
3. Passive income- consist of interest from currency deposits, yields and other monetary benefits from
deposit substitutes, trust fund and similar arrangements, royalties, prizes, winnings, interest from foreign
currency deposits, share in a business partnership income, dividends in a domestic corporation, interest on
long term deposits.
4. Capital gains- include capital gains from sales of shares of stock and sales of real property
1. Citizens
a. Those who are citizens of the Philippines at the time of adoption of the constitution (on Feb. 2, 1987).
b. Those whose fathers or mothers are citizens of the Philippines.
c. Those born before January 17, 1973 of Filipino mothers who elect Philippine citizenship upon reaching the age
of majority.
d. Those who are naturalized in accordance law.
Resident citizen - is a citizen of the Philippines who has a permanent or perpetual home in the Philippines to
which he plans or intends to return whenever he is away or out of the country.
Nonresident citizen
a. A citizen of the Philippines who establishes to the satisfaction of the Commissioner the fact of his physical
presence abroad with a definite intention to reside therein. (Sec 22(E)(1), NIRC)
b. A citizen of the Philippines who leaves the Philippines during the taxable year to reside abroad, either as an
immigrant or for employment on a permanent basis. (Sec 22, (E)(2), NIRC)
c. A citizen of the Philippines who works and derives income from abroad and whose employment thereat
requires him to be physically present abroad most of the time during the taxable year. (Sec 22 (E)(3), NIRC)
The phrase "most of the time" shall mean that the said citizen shall have stayed abroad for at least 183 days in
a taxable year. (Sec. (2)(c), Revenue Regulations No. 1-79)
d. A citizen who has been previously considered as nonresident citizen and who arrives in the Philippines at
any time during the taxable year to reside permanently in the Philippines shall likewise be treated as a
nonresident citizen for the taxable year in which he arrives in the Philippines with respect to his income
derived from sources abroad until the date of his arrival in the Philippines. (Sec 22(E)(4), NIRC)
The taxpayer shall submit proof to the Commissioner to show his intention of leaving the Philippines to reside
permanently abroad or to return to and reside in the Philippines as the case may be for purpose of this Section.
(Sec 22(E)(5), NIRC)
2. Aliens
a. Resident alien - is an individual whose residence is within the Philippines and who is not a citizen thereof.
(Sec. 22 (F), NIRC)
An intention to change his residence does not change his status as a resident alien to that of a nonresident
alien. Thus an alien who has acquired a residence in the Philippines is taxable as a resident for the remainder
of his stay in the Philippines. (Sec 6, Revenue Regulation 2-40)
Notes:
***(Resident Alien - An alien actually present in the Philippines who is not a mere transient or sojourner is a resident of
the Philippines for purposes of income tax. Whether he is a transient (non-resident) or not is determined by his intentions
with regards to the length and nature of his stay. One who comes to the Philippines for a definite purpose, which is promptly
accomplished, is a transient (non-resident). But if his purpose is of such a nature that an extended stay may be necessary
for its accomplishment, and to that end the alien makes his home temporarily in the Philippines, he becomes resident, though it may be his
intention at all times to return to his home abroad when the purpose for which he became has been consummated or abandoned
(Sec. 5, Rev. Reg. No. 2))
***(Resident Alien – Means an individual whose residence is within the Philippines and who is not a citizen thereof. He is one who is
actually present in the Philippines and who is not a mere transient or sojourner. But residence does not mean mere physical presence. An
alien is considered a resident or a non-resident depending on his intention with regard to the length and nature of is stay.)
b. Nonresident Alien - is an individual who is not a citizen of the Philippines and whose residence is not
within the Philippines. (Sec. 22 (G), NIRC)
One who comes to the Philippines for a definite purpose which in its nature may be promptly accomplished is
a transient (non-resident).
Nonresident alien-Engaged in trade or business- a nonresident alien who has stayed in the Philippines
for an aggregate period of more than 180 days during any calendar year.
Engaged in trade or business- includes the performance of personal services on regular basis and does not include
casual or incidental transactions.
Trade or business includes the performance of the functions of a public office. (Sec. 22 (S), NIRC)
Nonresident alien-not engaged in trade or business- a nonresident alien who has stayed in the
Philippines for an aggregate period of not more than 180 days (180 days or less) during any calendar year.
The following table summarizes the situs of taxable income to individual taxpayers:
Taxpayer Length of Stay Tax Base
Resident Citizen Taxable income – World
Non-resident citizen A citizen staying abroad for at least 183 Taxable income –
days(365days/2) Philippines
Resident alien An alien staying in the Philippines for more than Taxable income –
one year Philippines
Non-resident alien engaged in An alien who stays in the Philippines for more Taxable income –
trade or than 180 days in any Philippines
business calendar year.
Non-resident alien not engaged in An alien who stays in the Philippines for an Gross income –
trade or aggregate period at least Philippines
business 180 days in any calendar year. (360 days /2)
Taxable estate – estate under judicial settlement. Taxable income – World
Taxable trust – trust irrevocably designated by the grantor.
a. Citizen
(1) Resident citizen - on incomes derived from sources within and without the Philippines, as
follows:
a. On compensation income - on modified gross income basis i.e., gross compensation income less
deductions and/ or personal and additional exemptions;
b. On income from profession, business and/or trade - on net income basis i.e., gross income from
profession, business and/or trade less the itemized deductions or optional standard deduction
equivalent to 40% of gross sales or gross receipts and personal and additional exemptions; and
c. On passive income - on the gross amount thereof.
(2) Nonresident citizen - taxed similarly as a resident citizen on incomes from sources within the
Philippines.
b. Alien
(1) Resident alien - taxed similarly as a resident citizen on incomes received from sources within the
Philippines.
The following are not included in the computation of the gross income of taxpayers:
a. Proceeds of life insurance policies but not the interest paid to the heirs or beneficiaries;
b. Amount received by the insured as return of premium;
c. Value of property acquired by gratuitous transfer but not the income from such property;
d. Compensation for injuries or sickness including damages received;
e. Income exempt under treaty;
f. Retirement benefits, pensions, gratuities, etc. under certain conditions;
g. Income derived by foreign governments, financing institutions owned, controlled or enjoying financing
from foreign governments, and international or regional financing institutions established by foreign
governments, from their investments in loans, stocks, bonds or other domestic securities or from
interest on their deposits in banks in the Philippines;
h. Income derived from any public utility or from the exercise of any essential government function
accruing to the Philippine government or to any political subdivision;
i. Prizes and awards made primarily in recognition of religious, charitable, scientific, educational,
artistic, literary, or civic achievement but only if the recipient was selected without any action on his
part to enter the contest or proceeding, and is not required to render substantial future services as a
condition to receiving the prize or award;
j. Prizes and awards granted to athletes in local and international sports competitions and tournaments
held in the Philippines or abroad and sanctioned by their respective national sports associations;
k. 13th month pay mandated by RA 6686 and Presidential Decree (PD) No. 851, as amended and other
benefits not covered by PD 851 and benefits such as productivity incentives and Christmas bonus
which should not exceed PhP90,000.00;
l. GSIS, SSS, Medicare and Pag-IBIG contributions, and union dues of individuals;
m. Gains realized from the sale or exchange or retirement of bonds, debentures or other certificate of
indebtedness, with a maturity of more than five (5) years; and
n. Gains realized by the investor upon redemption of the shares of stocks in a mutual fund company.
A. CITIZEN
a. Compensation Income
Only premium payments on health and/or hospitalization not exceeding PhP2,400 a year are
deductible from gross compensation income provided that the taxpayer availing of said deduction
has a family income of not more than PhP250,000 for the taxable year.
Aliens, whether residents or not, who are receiving only salary or compensation income are not
allowed any deduction against such income.
The following payments incurred in connection with the taxpayer’s profession, trade or business are
deductible from gross income
1) Ordinary and necessary trade, business or professional expenses paid or incurred during the
taxable year (such as salaries, wages, grossed-up monetary value of fringe benefits granted to
employees, travel, rental, entertainment, amusement and recreation).
2) Interest
Interest paid or incurred within the taxable year on indebtedness in connection with
the taxpayer’s profession, trade or business which shall be reduced by 33% of the
grossed-up value of the interest income subjected to final tax.
3) Taxes
Taxes paid or incurred within the taxable year in connection with the taxpayer’s
profession, trade or business, except the income tax imposed under the Code, foreign
income tax paid by a taxpayer who did not signify in his/her return his/her desire to
have any refund or credit, estate and donor’s taxes, and taxes assessed against local
benefits of a kind tending to increase the value of the property assessed.
4) Losses
Losses actually sustained by the taxpayer in connection with the taxpayer’s trade,
profession, or business which are charged off within the taxable year and not
compensated for by insurance or other forms of indemnity.
Losses from sale or exchanges of capital assets are deductible only to the extent of the
gains from such sales or exchanges.
Losses from wash sales of stock or securities are allowed when the claim is made by a
dealer in stock or securities, and with respect to a transaction made in the ordinary
course of business of such dealer under certain conditions.
Losses from wagering (Gambling) transactions are deductible to the extent of the
gains from such transactions.
6) Bad Debts
Bad debts actually ascertained to be worthless and charged off during the taxable
year.
Bad debts arising from loss on securities held as capital assets which are ascertained
to be worthless and charged off within the taxable year by a taxpayer, except domestic
banks or trust companies the substantial part of whose business is the receipt of
deposits.
7) Depreciation
A reasonable allowance for the exhaustion, wear and tear (including reasonable
allowance for obsolescence) of property used in trade or business computed using the
straight-line method, declining-balance method or sum-of-the-yearsdigit method.
An allowance for depreciation of properties directly related to production of petroleum
initially placed in service in a taxable year using the straight-line or declining-balance
method of depreciation, at the option of the taxpayer. The useful life of properties
used in or related to the production of petroleum shall be ten (10) years or such
shorter life as may be permitted by the Commissioner, and five (5) years for those
properties not used directly in the production of petroleum.
An allowance for depreciation in respect of all properties used in mining operations
which shall be computed at the normal rate of depreciation if the expected life is ten
(10) years or less, or depreciated over any number of years between five (5) years and
the expected life if the latter is more than ten (10) years, and the depreciation thereon
allowed as deduction from taxable income.
nongovernment organizations, no part of the net income of which inures to the benefit
of any private stockholder or individual in an amount not in excess of ten percent
(10%) of the taxpayer’s taxable income as computed without the benefit of said
deduction.
14) Entertainment, amusement, and recreation expenses, not to exceed the following ceilings:
15) In lieu of these allowable deductions, an individual, other than a non-resident alien, may
elect an optional standard deduction (OSD) not exceeding 40% of gross business or
professional income.
c. Passive Income
B. ALIEN
Nonresident aliens engaged in trade or business in the Philippines are entitled to the same
deductions allowed to resident citizens and subject to the same conditions and limitations, except on
the following items of deductions:
Taxes - the deductions for taxes shall be allowed only if and to the extent that they
are connected with income from sources within the Philippines.
Losses - losses deductible shall be those actually sustained during the year incurred
in business, trade or exercise of a profession conducted within the Philippines and
not compensated for by insurance or other forms of indemnity.
Depreciation - a reasonable allowance for the deterioration of property arising out of
its use or employment or its non-use in the business, trade or profession on
properties located in the Philippines.
Depletion of oil and gas wells and mines - the allowance for depletion of oil and gas
wells or mines is authorized only with respect to oil and gas wells or mines located
within the Philippines.
(b) Not engaged in trade or business in the Philippines
- no deductions are allowed.
(c) Employed by regional or area headquarters and regional operating headquarters of multinational
corporations, offshore banking units, or service contractors or subcontractors engaged in
petroleum operations in the Philippines
- no deductions are allowed.
The following items are not allowed to be deducted from the gross income of taxpayers:
The tax shall be computed in accordance with and at the rates established in the following schedule:
However, an individual who has gross sales/receipts and other non-operating income not exceeding the
value-added tax (VAT) threshold (which is currently pegged at PHP 3,000,000) may opt to be taxed either at:
8% tax on gross sales/receipts and other non-operating income in excess of PHP 250,000 in lieu of
the graduated income tax rates and percentage tax (business tax), or
Business income subjected to graduated tax rates shall also be subject to business tax (i.e. 12% VAT or 3%
percentage tax, as applicable).
1. Every Filipino citizen residing in the Philippines (except persons not required to file income tax returns and
those who are subject to substituted filing of income tax return
2. Every Filipino citizen residing outside the Philippines, on income from sources within the Philippines;
3. Every alien residing in the Philippines, on income derived from sources within the Philippines;
4. Every nonresident alien engaged in trade or business, or in the exercise of profession in the Philippines;
and
5. Estates and trusts engaged in trade or business.
An individual taxpayer receiving purely compensation income from only one employer is no longer required to
file the Annual Income Tax Return (Form No. 1700) if the income tax has been correctly withheld by the
employer. The Annual Information Return of Income Taxes Withheld on Compensation and Final Withholding
Taxes (BIR Form No. 1604-CF) filed by employers shall be equivalent to the substituted filing of income tax
returns by said employees. The following taxpayers, however, are not qualified to avail of the substituted filing.
EFPS
Both large and non-large individual taxpayers filing BIR Form 1700 who are required to file an income tax
return have the option to avail of the EFPS in filing their annual income tax returns and paying the taxes due
thereon. All taxpayers who intend to e-file their income tax return and pay electronically their income tax
liability must register with the BIR - Integrated Tax System (ITS) and must have an e-mail account and
Internet access. Taxpayers who e-file their returns may pay their tax liabilities either electronically (e-pay) or
manually. Large taxpayers who opt to e-pay their tax due must do so through any Authorized Agent Bank
(AAB) accredited by the BIR which is e-payment capable. On the other hand, non-large taxpayers can pay
through the internet banking facilities of any AAB, regardless of whether such AAB is within the territorial
jurisdiction or not of the RDO where the taxpayer is registered.
The mandate of BIR is to assess and to collect all national internal revenue taxes, fees, and charges.
Unfortunately, taxpayer service is not explicitly provided in our tax code. And that's probably the reason why
the Commissioner reiterated their primary nature as a collection agency and not customer care.
EBIR
The eBIR form was developed to provide taxpayers particularly the non-eFPS (electronic filers and payment
system) filers with accessible and convenient service through easy preparation of tax returns. The use of eBIR
forms will improve the BIR's tax return data capture and storage thereby enhancing efficiency and accuracy in
the filing of tax returns.
Per Revenue Regulation 06-2014, eBIR forms shall be available to all non-eFPS filers with or without Internet
access.
BIR Form No. 1700 - Annual Income Tax Return for Individuals Earning Purely Compensation Income
(Including Non-Business/Non-Profession Income)
Filing Date - This return is filed on or before April 15 of each year covering income for the preceding taxable
year
BIR Form No. 1701 - Annual Income Tax Return For Individuals (including MIXED Income Earner), Estates
and Trusts
Filing Date - This return is filed on or before April 15 of each year covering income for the preceding taxable
year.
BIR Form No. 1701A - Annual Income Tax Return for Individuals Earning Income PURELY from
Business/Profession (Those under the graduated income tax rates with OSD as mode of deduction OR those
who opted to avail of the 8% flat income tax rate)
The return shall be filed by individuals earning income PURELY from trade/business or from the practice of
profession, to wit:
b. Those who availed of the 8% flat income tax rate whose sales/receipts and other non-operating income
do not exceed P3M
Filing Date - This return is filed on or before April 15 of each year covering income for the preceding taxable
year.
BIR Form No. 1701Q - Quarterly Income Tax Return For Individuals, Estates and Trusts Description
Filing Date
1st qtr On or before May 15 of the current taxable year
2nd qtr On or before August 15 of the current taxable year
3 qtr
rd On or before November 15 of the current taxable year
Place of Filing
The return shall be filed with an Authorized Agent Bank, Revenue District Officer, Collection Agent, or duly
authorized Treasurer of the city or municipality in which such person has a legal residence or principal place
of business in the Philippines, or if there is no legal residence or place of business in the Philippines, with the
Office of the Commissioner.
Payment of Tax
The income tax is payable at the time the return is filed. When the income tax due exceeds PhP2,000, it may
be paid in two equal installments: the first, at the time the return is filed; and second, on or before the 15th
day of July following the close of the calendar year.
PENALTIES
In general, the non-filing of income tax returns and/or nonpayment of income tax shall result in the following
a. imposition of fine and/or imprisonment;
b. imposition of surcharge of -
1. 50% of the tax or deficiency tax, in case of willful neglect to file the return within the period
prescribed by the Code, or in case of false or fraudulent return willfully made, to be added to
the tax or deficiency61 tax; and
2. 25% of the amount due, to be imposed in any of the following cases: (a) failure to file the
income tax return and pay the tax due thereon on the date prescribed by law; or (b) filing a
return with an internal revenue officer other than those with whom the return is required to
be filed; or (c) failure to pay the deficiency tax within the time prescribed for its payment; or
(d) failure to pay full or part of the amount of tax shown in the return required to be filed, or
full amount of tax due for which no return is required to be filed, on or before the date
prescribed for its payment.
c. Imposition of interest on any unpaid amount of tax at 12% annually or such higher rate of interest as
may be required.
1. In case of a tax shown in the return as due but unpaid, the interest shall be 12% a
year from due date until paid.
2. If the period for filing return is extended, there is also a 20% a year interest to be paid
from due date up to the date of payment.