Kinds of Taxpayers

SEC. 23. General Principles of Income Taxation in the Philippines. - Except when otherwise provided in this Code:

(A) A citizen of the Philippines residing therein is taxable on all income derived from sources within and
without the Philippines;

(B) A nonresident citizen is taxable only on income derived from sources within the Philippines;

(C) An individual citizen of the Philippines who is working and deriving income from abroad as an overseas
contract worker is taxable only on income derived from sources within the Philippines: Provided, That a
seaman who is a citizen of the Philippines and who receives compensation for services rendered abroad as a
member of the complement of a vessel engaged exclusively in international trade shall be treated as an
overseas contract worker;

(D) An alien individual, whether a resident or not of the Philippines, is taxable only on income derived from
sources within the Philippines;

(E) A domestic corporation is taxable on all income derived from sources within and without the Philippines;
and

(F) A foreign corporation, whether engaged or not in trade or business in the Philippines, is taxable only on
income derived from sources within the Philippines
(DD) The term 'regional or area headquarters' shall mean a branch
established in the Philippines by multinational companies and which
headquarters do not earn or derive income from the Philippines and which
act as supervisory, communications and coordinating center for their
affiliates, subsidiaries, or branches in the Asia-Pacific Region and other
foreign markets.

(EE) The term 'regional operating headquarters' shall mean a branch

established in the Philippines by multinational companies which are
engaged in any of the following services: general administration and
planning; business planning and coordination; sourcing and procurement of
raw materials and components; corporate finance advisory services;
marketing control and sales promotion; training and personnel
management; logistic services; research and development services and
product development; technical support and maintenance; data processing
and communications; and business development.
KINDS OF INCOME TAXPAYERS

1. Individuals
• Resident Citizen -
• Non-resident Citizen
• OCW/Seaman
• Resident Alien
• Non-resident Alien
– NRA-ETB
– NRA-NETB

2. Corporations
• Partnerships
• Joint Ventures
• Domestic corporations – sec. 23 E, sec. 27
• Resident foreign corporations
• Non-resident foreign corporations – sec. 22 (1) and 28 (B)

 3. Estates and Trusts

Sec. 22. Definitions.

(A) The term 'person' means an individual, a trust, estate or corporation.

(B) The term 'corporation' shall include partnerships, no matter how created or organized, joint-stock companies, joint accounts (cuentas
en participacion), association, or insurance companies, but does not include general professional partnerships and a joint venture or
consortium formed for the purpose of undertaking construction projects or engaging in petroleum, coal, geothermal and other energy
operations pursuant to an operating consortium agreement under a service contract with the Government.

'General professional partnerships' are partnerships formed by persons for the sole purpose of exercising their common profession, no
part of the income of which is derived from engaging in any trade or business.

(C) The term 'domestic,' when applied to a corporation, means created or organized in the Philippines or under its laws.

(D) The term 'foreign,' when applied to a corporation, means a corporation which is not domestic.

(E) The term 'nonresident citizenmeans:

(1) 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.

(2) IMMIGRANT OR PERMANENT EMPLOYEE ABROAD - 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.

(3) PHYSICALLY PRESENT ABROAD MOST OF THE TIME - 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.

(4) BALIKBAYAN - 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.

(5) 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.

(F) The term 'resident alien' means an individual whose residence is within the Philippines and who is not a citizen thereof.

(G) The term 'nonresident alien' means an individual whose residence is not within the Philippines and who is not a citizen thereof.

(H) The term 'resident foreign corporation' applies to a foreign corporation engaged in trade or business within the Philippines.

(I) The term 'nonresident foreign corporation' applies to a foreign corporation not engaged in trade or business within the Philippines.
SEC. 25. Tax on Nonresident Alien Individual. -
(A) Nonresident Alien Engaged in trade or Business Within the Philippines. -

(1) In General. - A nonresident alien individual engaged in trade or business in the Philippines shall be subject to an income
tax in the same manner as an individual citizen and a resident alien individual, on taxable income received from all
sources within the Philippines.

A nonresident alien individual who shall come to the Philippines and stay therein for an aggregate period of more than
one hundred eighty (180) days during any calendar year shall be deemed a 'nonresident alien doing business in the
Philippines'. Section 22 (G) of this Code notwithstanding.

NRA - Engaged in TBP NRA- Not engaged in TBP

Taxed only on income derived from sources WITHIN the Philippines Same
(same as non-resident citizens and resident Aliens)
Tax is 25% of Gross Income
Subject to the same exclusions, deductions and tax rates. (taxes are (including passive income) – withheld
allowed only to the extent that they are connected from sources within as Final Withholding Tax
the Philippines) Except: Capital gains tax

Allowed to use only itemized deductions.

NOT allowed to use Optional Standard Deduction (OSD)
Allowed to deduct personal exemptions subject to RECIPROCITY
(Sec. 35D)
Special types of NRA’s

•Aliens employed in MNC’s

•Aliens employed in offshore banking units

•Aliens employed in petroleum service contractors and

subcontractors sec. 25 (E)

Note: Their preferential tax rate of 15% have been removed

under the TRAIN Law.
CORPORATIONS

Sec. 22 (B) The term 'corporation' shall include partnerships, no matter how created
or organized, joint-stock companies, joint accounts (cuentas en participacion),
association, or insurance companies, but does not include general professional
partnerships and a joint venture or consortium formed for the purpose of undertaking
construction projects or engaging in petroleum, coal, geothermal and other energy
operations pursuant to an operating consortium agreement under a service contract
with the Government.

'General professional partnerships' are partnerships formed by persons for the sole
purpose of exercising their common profession, no part of the income of which is
derived from engaging in any trade or business.
 
Cases:

1. Evangelista vs. Collector ( G.R. No. L-9996           October 15, 1957)

2. Reyes vs. Commissioner (G.R. Nos. L-24020-21           July 29, 1968)
3. Obillos vs. Commissioner (GR L-68118, 10/ 29/1985)
4. Ona vs. Commissioner (G.R. No. L-19342 May 25, 1972)
5. Pascual and Dragon vs. Commissioner (G.R. No. 78133 October 18, 1988)
Bar Question 1997
 
Mr. Santos died intestate in 1989 leaving his spouse and five children as the only heirs. The
estate consisted of a family home and a four-door apartment which was being rented to
tenants. Within the year, an extrajudicial settlement of the estate was executed from the heirs,
each of them receiving his/her due share. The surviving spouse assumed administration of the
property. Each year, the net income from the rental property was distributed to all,
proportionately, on which they paid respectively, the corresponding income tax.
 
In 1994, the income tax returns of the heirs were examined and deficiency income tax
assessments were issued against each of them for the year 1989 to 1993, inclusive, as having
entered into an unregistered partnership. Were the assessments justified?
Bar Question 1991
 
Roberto Ruiz and Conrado Cruz bought 3 parcels of land from Rodrigo Sabado on 4 May 1976.
Then on 8 July 1977, they bought 2 parcels of land from Miguel Sanchez.. In 1988, they sold
the first 3 parcels of land to Central Realty, Inc. In 1989, they sold the 2 parcels to Jose
Guerrero. Ruiz and Cruz realized a net profit of P100,000 for the sale in 1988 and P150,000 for
the sale in 1989. The corresponding capital gains taxes were individually paid by Ruiz and Cruz.
 
On 20 September 1990, however, Ruiz and Cruz received a letter from the CIR assessing them
deficiency corporate income taxes for the years 1988 and 1989 because according to the
Commissioner, during said years they, co-owners in the real estate transactions, formed an
unregistered partnership or joint venture taxable as a corporation and that the unregistered
partnership was subject to corporate income tax, as distinguished from profits derived from
the partnership by them, which is subject to individual income tax.
 
Are Robert Ruiz and Conrado Cruz liable for deficiency corporate income tax?
 
 
Special Domestic Corporations:

• Proprietary educational institutions – private schools, 10% of

TNI, except if unrelated income exceeds 50%. Capital
expenditure expensed as option.

• Non-profit hospitals – 10% of TNI

• GOCC’s – public/privatized, taxable at normal corporate

income tax

• SSS, GSIS, PHIC, PCSO – Government institutions, tax exempt

The definition for “corporation” excluded the following, thus they are deemed to be non-
taxable entities:
 
1. General professional partnerships – formed by persons for the sole purpose of exercising
their common profession, not part of the income of which is derived from engaging in any
trade or business.
 
SEC. 26. Tax Liability of Members of General Professional Partnerships. - A general
professional partnership as such shall not be subject to the income tax imposed under this
Chapter. Persons engaging in business as partners in a general professional partnership shall be
liable for income tax only in their separate and individual capacities. For purposes of
computing the distributive share of the partners, the net income of the partnership shall be
computed in the same manner as a corporation. Each partner shall report as gross income his
distributive share, ACTUALLY OR CONSTRUCTIVELY RECEIVED, in the net income of the
partnership.
 
2. Joint venture or consortium formed for the purpose of:
a) undertaking construction projects or
The construction companies and the JV itself should be accredited by the PCAB –
Philippine Contractor’s Accreditation Board of the DTI.
 
b) engaging in petroleum, coal, geothermal and other energy operations under a service
contract with the Government.
FOREIGN CORPORATION

a. Resident foreign corporations – generally taxed in the same manner as domestic

corporations

b. Non-resident foreign corporations – generally taxed at 30% of their gross income.

Branch vs. Subsidiary

c. If a foreign corporation sets up a branch, the said branch will be considered a resident
foreign corporation and will be taxed as such. When said branch remits its profits to the
parent corporation (a non-resident foreign corporation), such remittance will be subjected
to 15% branch profit remittance tax.

b. If a foreign corporation sets up a subsidiary in the Philippines, such subsidiary will be a

domestic corporation although it is under the control of the parent foreign corporation,
and will be taxed as such. The remittance of profits to the foreign corporation (non-
resident) will be done through the declaration or distribution of dividends and will be
subjected to 30% or 15% tax (subject to tax-sparing).
FOREIGN CORPORATION

Special Resident Foreign Corporations:

International carrier – shipping /airline. 2.5% of gross Philippine billings
Offshore banking units – branch of foreign banks. 10% of gross income.
RAHQ – Philippine admin office. Tax exempt. Not allowed to earn income
ROHQ – local operation in the Philippines. 10% of gross income

 
Special Non-resident Foreign Corporations:
Cinematographic film rentals – 25% of gross income
Lessor of machinery, equipment, aircraft and others – 7.5% of gross income
Lessor of vessels chartered by Philippine nationals 4.5% of gross income. Bareboat charter
agreement.
 
FOREIGN CORPORATION

Sec. 28(A)(3)(a) 'Gross Philippine Billings' refers to the amount of gross revenue derived from
carriage of persons, excess baggage, cargo and mail originating from the Philippines in a
continuous and uninterrupted flight, irrespective of the place of sale or issue and the place of
payment of the ticket or passage document: Provided, That tickets revalidated, exchanged
and/or indorsed to another international airline form part of the Gross Philippine Billings if the
passenger boards a plane in a port or point in the Philippines: Provided, further, That for a
flight which originates from the Philippines, but transshipment of passenger takes place at any
port outside the Philippines on another airline, only the aliquot portion of the cost of the ticket
corresponding to the leg flown from the Philippines to the point of transshipment shall form
part of Gross Philippine Billings.
ESTATES AND TRUSTS

SEC. 60. Imposition of Tax. -

(A) Application of Tax. - The tax imposed by this Title upon individuals shall apply to the income of estates
or of any kind of property held in trust, including:
(1) Income accumulated in trust for the benefit of unborn or unascertained person or persons with
contingent interests, and income accumulated or held for future distribution under the terms of the will or
trust;
 
(2) Income which is to be distributed currently by the fiduciary to the beneficiaries, and income collected by
a guardian of an infant which is to be held or distributed as the court may direct;
(3) Income received by estates of deceased persons during the period of administration or settlement of the
estate; and
(4) Income which, in the discretion of the fiduciary, may be either distributed to the beneficiaries or
accumulated.
 
(B) Exception. - The tax imposed by this Title shall not apply to employee's trust which forms part of a
pension, stock bonus or profit-sharing plan of an employer for the benefit of some or all of his employees (1)
if contributions are made to the trust by such employer, or employees, or both for the purpose of
distributing to such employees the earnings and principal of the fund accumulated by the trust in
accordance with such plan, and (2) if under the trust instrument it is impossible, at any time prior to the
satisfaction of all liabilities with respect to employees under the trust, for any part of the corpus or income
to be (within the taxable year or thereafter) used for, or diverted to, purposes other than for the exclusive
benefit of his employees: Provided, That any amount actually distributed to any employee or distributee
shall be taxable to him in the year in which so distributed to the extent that it exceeds the amount
contributed by such employee or distributee.
 
ESTATES AND TRUSTS

(C) Computation and Payment. -

(1) In General. - The tax shall be computed upon the taxable income of the estate or trust and shall be paid
by the fiduciary, except as provided in Section 63 (relating to revocable trusts) and Section 64 (relating to
income for the benefit of the grantor).
(2) Consolidation of Income of Two or More Trusts. - Where, in the case of two or more trusts, the creator of
the trust in each instance is the same person, and the beneficiary in each instance is the same, the taxable
income of all the trusts shall be consolidated and the tax provided in this Section computed on such
consolidated income, and such proportion of said tax shall be assessed and collected from each trustee
which the taxable income of the trust administered by him bears to the consolidated income of the several
trusts.
 
SEC. 61. Taxable Income. - The taxable income of the estate or trust shall be computed in the same manner
and on the same basis as in the case of an individual, except that:
(A) There shall be allowed as a deduction in computing the taxable income of the estate or trust the amount
of the income of the estate or trust for the taxable year which is to be distributed currently by the
fiduciary to the beneficiaries, and the amount of the income collected by a guardian of an infant which is to
be held or distributed as the court may direct, but the amount so allowed as a deduction shall be included in
computing the taxable income of the beneficiaries, whether distributed to them or not. Any amount
allowed as a deduction under this Subsection shall not be allowed as a deduction under Subsection (B) of
this Section in the same or any succeeding taxable year.

(B) In the case of income received by estates of deceased persons during the period of administration or
settlement of the estate, and in the case of income which, in the discretion of the fiduciary, may be either
distributed to the beneficiary or accumulated, there shall be allowed as an additional deduction in
computing the taxable income of the estate or trust the amount of the income of the estate or trust for its
taxable year, which is properly paid or credited during such year to any legatee, heir or beneficiary but the
amount so allowed as a deduction shall be included in computing the taxable income of the legatee, heir or
beneficiary.
ESTATES AND TRUSTS

(C) In the case of a trust administered in a foreign country, the deductions mentioned in Subsections (A) and
(B) of this Section shall not be allowed: Provided, That the amount of any income included in the return of
said trust shall not be included in computing the income of the beneficiaries.
  SEC. 62. Exemption Allowed to Estates and Trusts. - For the purpose of the tax provided for in this Title,
there shall be allowed an exemption of Twenty thousand pesos (P20,000) from the income of the estate or
trust.
 
SEC. 63. Revocable trusts. - Where at any time the power to revest in the grantor title to any part of the
corpus of the trust is vested (1) in the grantor either alone or in conjunction with any person not having a
substantial adverse interest in the disposition of such part of the corpus or the income therefrom, or (2) in
any person not having a substantial adverse interest in the disposition of such part of the corpus or the
income therefrom, the income of such part of the trust shall be included in computing the taxable income
of the grantor.

 
ESTATES AND TRUSTS

(C) In the case of a trust administered in a foreign country, the deductions mentioned in Subsections (A) and
(B) of this Section shall not be allowed: Provided, That the amount of any income included in the return of
said trust shall not be included in computing the income of the beneficiaries.

 
SEC. 63. Revocable trusts. - Where at any time the power to revest in the grantor title to any part of the
corpus of the trust is vested (1) in the grantor either alone or in conjunction with any person not having a
substantial adverse interest in the disposition of such part of the corpus or the income therefrom, or (2) in
any person not having a substantial adverse interest in the disposition of such part of the corpus or the
income therefrom, the income of such part of the trust shall be included in computing the taxable income
of the grantor.

Bar Question 2009

 
Johnny transferred a valuable 10-door commercial apartment to a designated trustee, Miriam, naming in
the trust instrument Santino, Johnny’s 10 year old son, as the sole beneficiary. The trustee is instructed to
distribute the yearly rentals amounting to P720,000. The trustee consults you if she has to pay the annual
income tax on the rentals received from the commercial apartment.

a. What advice will you give the trustee?

b. Will your advice be the same if the trustee is directed to accumulate the rental income and distribute the
same only when the beneciary reaches the age of majority? Why or why not.

 
 Interest Income

Tax on Passive Income

1. Interest Income
Resident/Non- NRA-ETB NRA- NETB Domestic Resident Non-resident
resident Corp. Foreign Corp. Foreign Corp.
Citizen,
Resident Alien
Interest from bank 20% 20% 25% 20% 20% 30%
deposits and related
products
Interest income from Exempt, Exempt, 25% Exempt, Exempt, 30%
long-term deposits or
investments (i.e, with a 20% if 20% if preterminated 20% if 20% if
term of at least 5 years) preterminated preterminated preterminated
Interest income from 15% Exempt Exempt 15% 15% Exempt
FCDU and OBU As amended by
deposits RA 10963
 Interest Income

Tax on Passive Income

2. Royalties

Resident/Non- NRA- NRA- Domestic Resident Non-resident Foreign

resident ETB NETB Corporation Foreign Corporation
Citizen, Corporation
Resident Alien

Royalties in general 20% 20% 25% 20% 20% 30%

Royalties on books, 10% 10% 25% 20% 20% 30%

literary works and
musical compositions
 Interest Income

Tax on Passive Income

3. Prizes and winnings
Resident/ NRA- NRA- Domestic Resident Non-
Non- ETB NETB Corporatio Foreign resident
resident n Corporation Foreign
Citizen, Corporatio
Resident n
Alien
Prizes more 20% 20% 25% Ordinary Ordinary 30%
than income tax income tax
P10,000
Prizes of Subject to Subject 25% Ordinary Ordinary 30%
P10,000 or ordinary to income tax income tax
less income ordinary
tax income
tax
Winnings in 20% 20% 25% Ordinary Ordinary 30%
general income tax income tax
PCSO and 20%, 20%, 25% Ordinary Ordinary 30%
lotto income tax income tax
winnings P10,000 P10,000
or less , or less ,
exempt exempt
 Interest Income

Tax on Passive Income

3. Prizes and winnings

Bar Question 1996

Onyoc, an amateur boxer, won in a boxing competition sponsored by the Gold Cup
Boxing Council, a sports association duly accredited by the Philippine Boxing
Assocation. Onyoc received the amount of P500,000 as his prize which was donated
by Ayala Land Corporation. The BIR tried to collect income tax on the amount
received by Onyoc and donor’s tax from Ayala Land Corporation, which taxes, Onyoc
and Ayala Land Corporation refuse to pay. Decide.

Suggested answer:
The prize will not constitute a taxable income to Onyoc; hence the BIR is not correct
in imposing the income tax. RA No. 7549 explicitly provides that “All prizes and
awards granted to athletes in local and international sports tournaments and
competitions held in the Philippines or abroad and sanctioned by their respective
national sports associations shall be exempt from income tax”.
Neither is the BIR correct in collecting the donor’s tax from Ayala Land Corporation.
The law is clear when it categorically stated that donor of said prizes and awards shall
be exempt from the payment of the donor’s tax.
 Interest Income

Tax on Passive Income

4. DIVIDENDS

Bar Question 2001

What do you think is the reason why cash dividends, when received by a
resident citizen or alien from a domestic corporation are taxed only at the final
tax of 10% and not at the progressive tax rate schedule under Sec. 24(A) of the
Tax Code?

Explain your answer.


Tax on Passive Income
4. Dividends
Dividends distributed by:
Domestic Corporation
Foreign Corporation, if dividend is
considered income sourced within the
Philippines
Foreign Corporation, if dividend is
considered income sourced without
the Philippines
Interest Income
Recipient of Dividends Tax Rate
Individuals – RC/NRC/RA
Individuals – NRA-ETB
Individuals – NRA - NETB
Domestic Corporation
Resident Foreign Corporation
Non-resident Foreign Corporation
Individuals residing in Philippines
Individuals not residing in the
Philippines
Domestic corporation, resident foreign
corporation, non-resident foreign
corporation
Individuals residing in the Philppines
Individuals not-residing in the
Philippines
Domestic corporation
Resident foreign corporation, Non-
resident foreign corporation
 Dividends distributed by: Recipient of Dividends Tax Rate

Domestic Corporation Individuals – RC/NRC/RA 10%

Individuals – NRA-ETB 20% (taxed in the same manner as
royalties, prizes and winnings, other
interest incomes)

Individuals – NRA - NETB 25%

Domestic Corporation Exempt
Resident Foreign Corporation Exempt
Non-resident Foreign Corporation 30% or 15% subject to the rule on tax-
sparing credit and/or Tax Treaty rules

Foreign Corporation, if dividend is Individuals –RC/NRC/RA 5-32% normal income tax

considered income sourced within the
Philippines
Individuals – NRA - NETB 25%

Domestic corporation, resident foreign 30% corporate income tax

Foreign Corporation, if dividend is
considered income sourced without
the Philippines
corporation, non-resident foreign
corporation
Individuals residing in the Philppines
Individuals not-residing in the
PhilippinesIndividuals – NRA - NETB
Domestic corporation
Resident foreign corporation, Non-
resident foreign corporation
5-32% regular income tax
Exempt (taxed only on income
WITHIN)
30% corporate income tax
Exempt, no situs.
SEC. 28. Rates of Income Tax on Foreign Corporations. –
xxx
B) Tax on Nonresident Foreign Corporation. –
xxx
 (5) Tax on Certain Incomes Received by a Nonresident Foreign Corporation. -
  XXX

(b) Intercorporate Dividends. - A final withholding tax at the rate of fifteen percent (15%) is hereby imposed on
the amount of cash and/or property dividends received from a domestic corporation, which shall be collected
and paid as provided in Section 57 (A) of this Code, subject to the condition that the country in which the
nonresident foreign corporation is domiciled,

shall allow a credit against the tax due from the nonresident foreign corporation taxes deemed to have been
paid in the Philippines equivalent to twenty percent (20%) for 1997, nineteen percent (19%) for 1998, eighteen
percent (18%) for 1999, and seventeen percent (17%) thereafter,

which represents the difference between the regular income tax of thirty-five percent (35%) in 1997, thirty-four
percent (34%) in 1998, and thirty-three percent (33%) in 1999, and thirty-two percent (32%) thereafter on
corporations and the fifteen percent (15%) tax on dividends as provided in this subparagraph;

Note: Effective January 1, 2009, the credit against the tax due shall be equivalent to fifteen percent (15%), which
represents the difference between the regular income tax of thirty percent (30%) and the fifteen percent (15%)
tax on dividends.
Examples:

1. If the US Federal Government allows to P&G USA a “deemed-paid” tax credit amounting to at least 15% or
P150,000, (15% or (30-15%) of 1M), which is the dividend tax that was foregone by the Philippine Government –
the said 1M dividends will be taxed in the Philippines at the rate of 15%.

Tax rate in US – 35%

Less: Deemed-paid credit – 15%
Dividend tax paid in Phils. - 15%
Tax payable 5%
 
 
If another country, say Vietnam has no similar tax-sparing provision:
Tax rate in US - 35%
Less: deemed paid credit 0%
Dividend tax paid - 15%
Tax payable 20%
 
2. However, if the US Government does not allow a “deemed-paid” tax credit or allows it but is less than 15% -
the said 1M dividends will be taxed in the Philippines at the rate of 30%.
 
Tax rate in US - 35%
Less: deemed-paid - 0%
Dividend tax paid – 30%
Tax payable 5%