Bepitel, Breylle L.

Taxation Law Review Notes

(March 18, 2024)

3. Gross Income

All income derived from whatever source, including (but not limited to the following items):
1. Compensation for services in whatever form paid, including, but not limited to fees, salaries,
wages, commissions and similar items
2. Gross income derived from the conduct of trade or business or the exercise of a profession
3. Gains derived from dealings in property
4. Interests
5. Rents
6. Royalties
7. Dividends
8. Annuities
9. Prizes and winnings
10. Pensions and
11. Partner’s distributive share from the net income of the general professional partnership (NIRC,
Sec. 32 (A))

NOTE: The above enumeration of gross income under NIRC is not exclusive.

Q: Is money received under payment by mistake, income subject to income tax?

A: Income paid or received through mistake may be considered as “income from whatever source
derived” irrespective of the voluntary or involuntary action of the taxpayer in producing income. Moreover,
under the “claim of right doctrine,” the recipient even if he has the obligation to return the same has a
voidable title to the money received through mistake. (Gutierrez V. Collector, G.R. Nos. L-9738 & L-9771
(1957))

Concept of Income from Whatever Source Derived

It means inclusion of all income not expressly exempted within the class of taxable income under the laws
irrespective of the voluntary or involuntary action of the taxpayer in producing the gains, and whether
derived from legal or illegal sources.

Gross Income vs. Net Income vs. Taxable Income

 Gross Income is described as income from whatever source, including compensation for
services; the conduct of trade or business or the exercise of profession; dealings in property;
interests; rents; royalties; dividends; annuities; prizes and winnings; pensions; and a partner's
distributive share in the net income of a general professional partnership. (NIRC, Sec. 32 as cited
in CIR v. PAL, Inc., G.R. No. 180066, 2009)

 Net Income means gross income less statutory deductions. It is referred to as “Taxable Income”
under the NIRC.

 Taxable Income means the pertinent items of gross income specified in this Code, less
deductions, if any, authorized for such types of income by this Code or other special laws. (Sec.
31)