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Income Tax On Corporation
Income Tax On Corporation
CORPORATIONS
✓A corporation that is
oOrganized in the Philippines, and
oCreated under Philippine Laws
✓TAKE NOTE:
oFor taxation purposes, do not consider the definition of a domestic
corporation under the Revised Corporation Code.
oAs long as the corporation is ORGANIZED and CREATED in the Philippines
and under its laws, that is considered a domestic corporation.
FOREIGN CORPORATION
✓A corporation that is
oOrganized outside of the Philippines, and
oCreated under Foreign Laws
Kind of TP Source of A (All B C (CG from D (CG from sale of E (Intercoporate F (MCIT)
Income income (Passive sale of real property dividends tax)
other Income) shares of classified as Capital ICDT
Within Withou
than stocks) Assets)
t
BCDE)
DC NIT FWT FWT (15%) FWT (6%) DC to DC 2% (1%)
(20%), (exempt)
EFCDS-
15%
RFC
NIT FWT FWT (5%
and 10%) DC to
(exempt)
RFC 2% (1%)
NRFC
GIT FWT (5%
and 10%) FC to DC (15%
FT)
PASSIVE INCOME (SECTION 27D-1)
✓Passive Income
oInterest on bank deposits (20%)
oExcept if depositary bank under the EFCDS (15%)
oTAKE NOTE: Long-term deposit does not apply to corporations
oRoyalties (20%)
oTAKE NOTE: No literary and musical composition.
INCOME DERIVED UNDER THE EFCDS
(SECTION 27D-3)
✓Depositary bank
oUnder the EFCDS
oIncome from foreign currency transactions
oWith non-resident, OBUs, local commercial banks authorized by the
BSP to transact business with FCDSU and other depositary banks
under EFCDS
oIncome derived shall be exempt from all taxes.
INCOME DERIVED UNDER THE EFCDS
(SECTION 27D-3)
✓Subject to 10% FT
oIf the transaction is with residents other than OBUs, and the
depositary bank under EFCDS.
✓EXCEPT
oThose net income specified by the Sec of Finance are to be
subjected to regular income tax.
✓Any income of Non-residents (individual or corporation) from
transactions with depositary bank under EFCDS shall be EXEMPT from
income tax.
CAPITAL GAINS FROM SALE OF SHARES OF
STOCKS (SECTION 27D-2)
✓Capital Gains
oShares of stock held as capital assets
oFor Domestic Corporation – 15%
oFor Foreign Corporation (RFC and NRFC)
o5% CGT if Net Capital Gains do not exceed 100K
o10% CGT if more than 100K
oExcept if sold or disposed of through the stock exchange.
oTAKE NOTE: Treatment is the same as in an individual taxpayer
CAPITAL GAINS FROM SALE OF REAL
PROPERTY CLASSIFIED AS CAPITAL ASSETS
(SECTION 27D-5)
✓Capital Gains
oLand/building held as capital assets.
o6% capital gains tax
oTAKE NOTE: Treatment is the same as in an individual taxpayer
CAPITAL GAINS (SALE OF SHARES OF STOCK AND
REAL PROPERTY CLASSIFIED AS CAPITAL ASSETS
Suppose Corp A’s data for the first 5 years of operation (2017 to 2021) are as follows:
2017 2018 2019 2020 2021
Gross Income 200,000.00 250,000.00 300,000.00 950,000.00 1,250,000.00
Allowable 250,000.00 200,000.00 250,000.00 925,000.00 1,205,000.00
Deductions
Net Income (50,000.00) 50,000.00 50,000.00 25,000.00 45,000.00
Tax rate N/A 30% 30% 25% 25%
Tax Due (RCIT) N/A 15,000.00 15,000.00 6,250.00 11,250.00
MCIT 4,000.00 5,000.00 6,000.00 9,500.00 12,500.00
Compute for the MCIT.
What year can Corp A be charged with the MCIT?
CARRY FORWARD OF THE EXCESS MCIT
Suppose Corp A’s data for the 5 years of operations (2017 to 2021) are as follows: (note
Corp A has been in the business for 10 years now).
2017 2018 2019 2020 2021
Gross Income 200,000.00 250,000.00 300,000.00 950,000.00 1,250,000.00
Allowable 250,000.00 200,000.00 250,000.00 925,000.00 1,205,000.00
Deductions
Net Income (50,000.00) 50,000.00 50,000.00 25,000.00 45,000.00
Tax rate N/A 30% 30% 25% 25%
Tax Due N/A 15,000.00 15,000.00 6,250.00 11,250.00
MCIT 4,000.00 5,000.00 6,000.00 9,500.00 12,500.00
In what year can the MCIT be carried over?
SOLUTION (MCIT CARRY-OVER)
Suppose in 2022 – net loss, 2023 – RCIT of 3,000.00, 2024 – RCIT of 5,000.00
How much MCIT can be carried over in 2024?
SUSPENSION FROM IMPOSITION OF MCIT
✓EXCLUSION IN GPB
✓Non-revenue passengers
✓Refunded tickets
INTERNATIONAL CARRIER
✓It is the branch or sales agents in the Philippines that is subjected to RCIT
SPECIAL NON-RESIDENT FOREIGN
CORPORATIONS
✓Subject to 25% final tax, in general
✓Private hospitals
✓No income or assets of which accrues to or benefits any member, or specific
person
✓With all the net income or assets devoted to the institution’s purposes and all
its activities conducted not-for-profit.
PRIVATE EDUCATIONAL INSTITUTIONS AND
PROPRIETARY HOSPITAL
✓May be allowed to apply the 10% preferential rate. Except for passive
income.
✓Provided that:
✓The gross income from unrelated trade, business, or other activity does
not exceed 50% of the total gross income derived by such educational
institutions, or proprietary hospitals.
✓Failure to comply with the criteria will be subjected to 30% RCIT on the
basis of their taxable income.
UNRELATED TRADE, BUSINESS, OR OTHER
ACTIVITY
✓Any trade, business, or other activity
✓The conduct of which is not substantially related to the exercise or
performance of such institution of its primary purpose, or function.
HOW TO COMPUTE THE INCOME TAX DUE OF A
CORPORATION?
HOW TO COMPUTE THE INCOME TAX DUE OF A
CORPORATION?
Sales P XXX.XX
Less:
Sales Returns and Allowances P XXX.XX
Sales Discount XXX.XX XXX.XX
Net sales P XXX.XX
Less: Cost of Sales (Sales less COS = GI x tax rate)-for NRFC XXX.XX
Gross Income XXX.XX
Allowable Deductions / Itemized or OSD) XXX.XX
Net income subject to tax PXXX.XX
Tax rate 25%
Tax Due 100,000.00 P XXX.XX
Tax Credit (CWT -50k+ Quarterly Paid Tax, 15,000.00) (65,000.00) (XXX.XX)
Income Tax Payable 35,000.00 P XXX.XX
RULE ON DEDUCTIONS: CORPORATION
Rule on Deductibility?
1. The expenses should be necessary for the conduct of trade or
business of the corporation.
2. The expenses should be reasonable in amount.
3. It is actually paid or incurred by the corporation during the taxable
period.
4. The expenses should be supported by valid receipts or documents
acceptable to the BIR.
5. Corresponding withholding taxes must have been withheld AND
remitted to the BIR, if there is a requirement to withheld.
ITEMIZED DEDUCTIONS:
1. Business Expenses
2. Interests on Loan
3. Taxes
4. Losses
5. Bad Debt
6. Depreciation / Depletion
7. Charitable and other contributions
8. Pensions
9. Research and Development
BUSINESS EXPENSES
1. The loan was used to fund the trade or business of the corporation.
2. Tax arbitrage rule also applied.
INTEREST ON LOANS (EXCEPTIONS)
1. The loan was used to fund the trade or business of the corporation.
2. Tax arbitrage rule also applied.
3. Optional treatment of interest expense:
✓Taxpayer (individual/corporation)
✓There is a loan with interest.
✓The proceeds of the loan were used by the debtor (individual or corporation)
to fund its trade or business.
✓The interest incurred for such a loan may be recognized in the books of the
taxpayer as
✓Itemized deduction or
✓Capital expenditure
TAXES (PERMIT, LICENSES, AND TAXES)
✓What about the taxes incurred to transfer the property acquired by the
Corporation? Is this part of the “taxes”?
LIMITATIONS OF TAX DEDUCTIONS
✓If property, it should be the book value of the property lost recognized in the
book of the corporation.
✓If cash, it should be the actual amount lost.
NET OPERATING LOSS CARRY-OVER (NOLCO)
✓Net operating loss?
oShall mean excess of allowable deductions over gross income of the business in
a taxable year.
✓RULE on NOLCO?
oNet of operating loss for any taxable year immediately preceding the current
taxable year.
oThe net operating loss had not been previously deducted from gross income.
oCan be carried for the next THREE (3) CONSECUTIVE years IMMEDIATELY
following the year of such loss
oProvided however, that any loss incurred in the taxable year during which the
taxpayer is exempt, any net loss incurred during such taxable year shall not be
allowed as a deduction.
NET OPERATING LOSS CARRY-OVER (NOLCO)
✓It is the systematic allocation of the cost of the asset over its useful life.
✓The assets should be ordinary assets.
✓Used in the conduct of trade or business.
✓Owned by the taxpayer
BAD DEBT
✓Tax Treatment:
✓If related to capital assets:
✓Capitalized as part of the cost of the property and deducted through
depreciation.
✓If not related to capital assets:
✓Outright expense or
✓Deferred expenses and amortized for 60 months.