Professional Documents
Culture Documents
3 Income Taxation - Artificial Persons
3 Income Taxation - Artificial Persons
IV. CORPORATIONS
a. Domestic Corporations
b. Resident Foreign Corporation
c. Non-resident foreign Corporations
PERSON:
• INDIVIDUAL
• TRUST
• ESTATE
• CORPORATION
PERSONS SUBJECT TO INCOME TAX
PARTICULARS NATURE OF TAXATION
BEING
INDIVIDUAL NATURAL Income taxation for individuals
(NIRC Section 24)
TRUST ARTIFICIAL Income taxation for individuals
(NIRC Sections 60 & 24)
ESTATE ARTIFICIAL Income taxation for individuals
(NIRC Sections 60& 24)
CORPORATION ARTIFICIAL Income taxation for corporations
(NIRC Section 27)
‘ CORPORATION ‘ INCLUDE
• One person corporations
• Partnerships, no matter how created or organized, joint-stock
companies, joint accounts (cuentas en participacion), associations, or
insurance companies,
‘ CORPORATION ‘ DOES NOT INCLUDE
• General professional partnerships
• 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.
GPPs not included as ‘CORPORATION’
'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.
(NIRC Section 22)
TAXATION OF ARTIFICIAL BEINGS
Individual Income Taxation applies to:
Question: If Mr. Romeo Bola is one of the partners of the above GPP, how much is
the distributive share of Mr. Romeo Bola in the income of Bola Dola & Co., CPAs?
ANSWER: Mr. Romeo Bola’s distributive share in the income of Bola Dola & Co.,
CPAs is….
a. Php700,000 c. Php 680,000
b. Php600,000 d. Php721,277
The interests and capital gains are not relevant as these were already subjected to
final tax
Distributive share of a GPP and it’s income taxation to the member of the GPP
Particulars Income from Interests and other Capital gains net of TOTAL
operations passive incomes net Capital Gains Tax
of Final Withholding
Tax
ESTATES
• Estate is the collective term for all the properties and assets left
behind by a deceased person at the time of death.
• Income tax of an estate refers to the tax on income received by
the estate during the period of administration or settlement.
• Subject to graduated rates
• Aside from allowable deductions, income of the estate paid to
heir is a special deduction from the estate’s taxable income
(However, this becomes a taxable income to the heir)
OTHERS THAT ARE CLASSIFIED AS INDIVIDUAL
2. If you put yourself as a Business Owner and having known that increasing Sales
would naturally increase taxable income and increasing Allowable Deductions
naturally decrease taxable income, what would be your course of action to
minimize your income tax?
PART 2
Inclusions to and Exclusions from Gross
Income & Introduction to Allowable
Deductions
Inclusions to and Exclusions from Gross
Income & Introduction to Allowable
Deductions
1. Gross Income Definition
2. The General Rule on the Coverage of Territorial Limits (SITUS)
3. Territorial Limit: Source of Income
Definition of Gross Income
THE INCOME OF A TAXPAYER SUBJECT TO TAX
(Within or Without the Philippines; Legal or illegal)
All wealth which flows into the taxpayer other than
capital
NIRC tells Employee: Gross Income = Compensation Income
NIRC tells Business Person: Gross Income = Gross Profit
Gross Profit = Sales – Inventory Sold
NIRC tells Employees and Business Person: Gross Income = Other
Income
Definition of Gross Income
Key concepts:
• Principal or Capital pertains to Funds but Income is the
FLOW
• SOURCES of Income that are Included in Gross Income:
Compensation Income
Professional/Business Income
Other Income
INCLUSIONS TO GROSS INCOME
The general rule:
The taxing authority cannot go beyond
the territorial limits of the taxing
authority
THE BROAD COVERAGE OF TERRITORIAL
LIMITS (SITUS)
Residence or domicile
Nationality
Source (Compensation Income;
Professional/Business Income; Other Income)
THE BROAD COVERAGE OF TERRITORIAL LIMITS (SITUS): SOURCE OF INCOME
SOURCE OF INCOME
o Compensation Income
Payments received by the employee from his/her employer for rendering
services to his/her employer arising from an employee-employer
relationship.
o Professional/Business Income
Receipts of revenues for services of professionals and sales of products
and/or services of persons to its customers.
o Other Income
Sources of income included in Gross Income: Detailed Items of Income
3. Gains derived from dealings 7. Dividends 11. Partner's distributive share from
in property the net income of the general
professional partnership
4. Interests 8. Annuities
ITEMS OF GROSS DEFINITION/ SOURCE OF INCOME
INCOME DESCRIPTION CLASSIFICATION
Gifts, Bequests, and Devises Income Derived by Foreign Gains from the Sale of Bonds,
Government; Income Derived by the Debentures or other Certificate of
Government or its Political Indebtedness
Subdivisions;
Compensation for Injuries or Prizes and Awards Gains from Redemption of Shares in
Sickness Mutual Fund; Income Derived from
the Sale of Gold Pursuant to
Republic Act No. 7076
DEFINITION OF CORPORATION
Definition of a Corporation
CLASSIFICATIONS OF CORPORATIONS
Income Taxation: Corporations
CLASSIFICATIONS OF CORPORATIONS
Domestic Corporations
SITUS OF INCOME: Income from within and without the Philippines
2. IF RCIT < MCIT; and a Net Loss; The Income Tax is MCIT; The MCIT is
Carried Forward up to 3 Years; Net Operating Loss is Carried Forward
up to 3 Years (NOLCO)
3. IF RCIT > MCIT; The Income Tax is RCIT
Income Taxation: Corporations