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ACC311 3rd Exam Coverage
ACC311 3rd Exam Coverage
FINAL
WITHHOLDING
TAX
FINAL WITHHOLDING TAX
Passive Income
- certain passive incomes from sources within the Philippines as enumerated
under the Tax Code
- subject to Final Withholding Tax
Five (5) Passive Incomes:
1) Interest Income Unless exempt, other passive income
2) Dividend Income derived from the Philippines but not in
3) Royalties the list (if any) as well as passive
4) Prizes; and income derived abroad are subject to
5) Other Winnings basic tax.
FINAL WITHHOLDING TAX
Passive Income
FINAL WITHHOLDING TAX
Passive Income
FINAL WITHHOLDING TAX
Passive Income
FINAL WITHHOLDING TAX
Passive Income
FINAL WITHHOLDING TAX
Passive Income
FINAL WITHHOLDING TAX
• A kind of tax which is prescribed on "certain income" (interest income;
dividends, royalties, prizes and winnings) derived from Philippine sources.
• Not creditable against the income tax due of the payee on income subject to
regular rates of tax for the taxable year.
Passive incomes derived from Philippine sources are subject to final taxes
instead of basic tax or graduated tax rates.
Passive incomes derived abroad are subject to basic income tax, therefore,
included in the income tax return of resident citizen taxpayers.
FINAL WITHHOLDING TAX
CAPITAL
GAINS
TAX
CAPITAL GAINS TAX
Income derived from sale of capital assets, specifically: Capital assets are assets
• from sale of shares of stocks of a closely held corporation not used in business nor
[shares of domestic corporation not listed in the local for sale in the Ordinary
stock exchange) and; course of trade or
business.
• from sale of real properties located in the Philippines
The tax imposed shall be upon the net capital gains realized during the taxable year
from the sale, barter, exchange or disposition of shares of stock.
CAPITAL GAINS TAX
Capital Gains Tax (CGT) on Sale of Shares of Stock
Shares of stock sold or disposed of through the local stock exchange exempt
from income tax. It is not subject to capital gains tax but to a Percentage tax of
6/10 of 1 % of gross selling price as imposed under Section 127 of the Tax Code,
as amended.
It is a business tax known as Stock Transaction Tax and the basis is the gross
selling price. Stock transaction tax is discussed in a separate tax subject entitled
Transfer and Business Taxation
CAPITAL GAINS TAX
Capital Gains Tax (CGT) on Sale of Shares of Stock
Formula:
CAPITAL GAINS TAX
Capital Gains Tax (CGT) on Sale of Shares of Stock
Determination of Amount and Recognition of Gain or Loss: [Sec. 7(c) of RR 6-
2008].
Determination of Selling Price [Sec. 7(c.1) of RR 6-2008].
The following rules shall apply:
◊ In the case of cash sale, the selling price shall be the total consideration per
deed of sale.
◊ If the total consideration of the sale or disposition consists partly in money
and partly in kind, the selling price shall be sum of money and the fair market
value of the property received.
CAPITAL GAINS TAX
Capital Gains Tax (CGT) on Sale of Shares of Stock
Determination of Amount and Recognition of Gain or Loss: [Sec. 7(c) of RR 6-
2008].
Determination of Selling Price [Sec. 7(c.1) of RR 6-2008].
The following rules shall apply:
◊ In the case of exchange, the selling price shall be the fair market value of the
property received.
CAPITAL GAINS TAX
Capital Gains Tax (CGT) on Sale of Shares of Stock
Determination of Selling Price [Sec. 7(c.1) of RR 6-2008].
The following rules shall apply:
◊In case the fair market value of the shares of stock sold, bartered, or
exchanged is greater than the amount of money and/or fair market value of the
property received, the excess of the FMV of the shares of stock sold, bartered
or exchanged over the amount of money and the FMV of the property, if any,
received as consideration shall be deemed a gift subject to the Donor's Tax
under Section 100 of the Tax Code, as amended.
CAPITAL GAINS TAX
Capital Gains Tax (CGT) on Sale of Shares of Stock
Determination of Fair Market Value (RR 6-2008 and RR 6-2013 as amended by
RR 20-2020 dated Aug. 17, 2020):
If shares of stock not listed and traded in the local stock exchange, the
following rules shall apply:
◊For Common Shares of Stock, the book value based on the latest available
financial statements duly certified by an independent public accountant prior to
the date of the sale, but not earlier than the immediately preceding taxable year,
shall be considered as the prima facie fair market value.
CAPITAL GAINS TAX
Capital Gains Tax (CGT) on Sale of Shares of Stock
Determination of Fair Market Value (RR 6-2008 and RR 6-2013 as amended by
RR 20-2020 dated Aug. 17, 2020):
If shares of stock not listed and traded in the local stock exchange, the
following rules shall apply:
◊ For Preferred Shares of Stock, the liquidation value, which is equal to the
redemption price of the preferred shares as of balance sheet date nearest to the
transaction date, including any premium and cumulative preferred dividends in
arrears, shall be considered as the fair market value.
CAPITAL GAINS TAX
Capital Gains Tax (CGT) on Sale of Shares of Stock
Determination of Fair Market Value (RR 6-2008 and RR 6-2013 as amended by
RR 20-2020 dated Aug. 17, 2020):
If shares of stock not listed and traded in the local stock exchange, the
following rules shall apply:
◊ In the case of both [common & preferred], the book value per common share
is computed by deducting the liquidation value of the preferred shares from the
total equity of the corporation and dividing the result by the number of
outstanding common shares as of balance sheet date nearest to the transaction
date.
CAPITAL GAINS TAX
Capital Gains Tax (CGT) on Sale of Shares of Stock
Illustration:
CAPITAL GAINS TAX
Capital Gains Tax (CGT) on Sale of Shares of Stock
Illustration:
CAPITAL GAINS TAX
Capital Gains Tax (CGT) on Sale of Shares of Stock
Illustration:
CAPITAL GAINS TAX
Capital Gains Tax (CGT) on Sale of Shares of Stock
Illustration:
CAPITAL GAINS TAX
Capital Gains Tax (CGT) on Sale of Real Properties
• classified as capital asset located in the Philippines
• subject to six percent (6%) capital gains tax (CGT) under Section
124(D) of the Tax Code
The tax imposed shall be based on the gross selling price or fair
market value, whichever is higher.
CAPITAL GAINS TAX
Capital Gains Tax (CGT) on Sale of Real Properties
Fair market value of real property shall refer to the higher between:
3. The BIR shall have been duly notified by the taxpayer within 30
days from the date of sale or disposition through a prescribed
return of his intention to avail of the tax exemption.
4. The tax exemption can only be availed of once very 10 years.
ACC311 INCOME TAXATION
DEALINGS
IN
PROPERTY
DEALINGS IN PROPERTY
- disposal of assets (ordinary or capital assets) either through sale or exchanges
Revenue regulations 07-2003 provides that "Real Property" shall have the same
meaning attributed to the term as described under Article 415 of RA386,
otherwise known as the Civil Code of the Philippines.
DEALINGS IN PROPERTY
Applicable Income Taxes for Capital Gains and Ordinary Gains
Capital Gain on:
- Sale of shares of domestic - Subject to 15% CGT on capital gain
corporations directly to a buyer
- Sale of real properties classified - Either 6% capital gains tax or basic tax
as capital assets in the Philippines at the option of the taxpayer
to the gov't, its agencies or
GOCCs by an individual taxpayer
DEALINGS IN PROPERTY
Applicable Income Taxes for Capital Gains and Ordinary Gains
Capital Gain on:
- All Other types of capital - Subject to basic income tax. Part of the
gains other than those taxpayer's taxable income but subject to rules
previously enumerated on capital gains and losses
DEALINGS IN PROPERTY
Applicable Income Taxes for Capital Gains and Ordinary Gains
Ordinary Gain
- Subject to basic tax. Thus, it shall form part of the
taxpayer's taxable income
DEALINGS IN PROPERTY
Rules in the Recognition of Capital Gains and Losses
1. The transaction must involve property classified as capital asset.
2. The transactions must arise, generally, from sale or exchange.
3. Net capital gains are added to ordinary gains. However, if the result is a net
capital loss, such loss can be deducted from the capital gain. Required by the law
that only necessary expenses are allowed as deductions from gross income.
4. Holding Period (only applicable to individual taxpayers, estates, and trusts)-- 12
months or less: 100%, more than 12 months: 50%
5. Net Capital Loss Carry-Over (only applicable to individual taxpayers)
DEALINGS IN PROPERTY
Rules in the Recognition of Capital Gains and Losses
Any loss sustained by a domestic bank or any trust company from sale of bonds,
debentures, notes or certificate or other evidences of indebtedness issued by any
corporation, including those issued by the government is considered as an ordinary
loss deductible from ordinary income.
DEALINGS IN PROPERTY
Computation of Gains and Losses
The difference between the amount of value received by the taxpayer over the
determined value of the property he has disposed of arising from sale, and/or
exchange of assets.
DEALINGS IN PROPERTY
Computation of Gains and Losses
Cost Basis of Property Sold of Exchanged
- acquired by purchase - cost (purchase price + expenses
of acquisition)
- should be included in the - latest inventory value
inventory
FRINGE
BENEFIT
TAX
FRINGE BENEFIT TAX
- "compensation" under Section 2.78.1 (A) of RR 2-98, as amended, refers to all
remuneration for services performed by an employee for his employer
The grossed-up monetary value of the fringe benefit represents the entire
income earned by the employee.
This includes the net amount of money received or the net monetary value of
any property received (known as "monetary value”) and the amount of FBT
received by the employee from the employer.
FRINGE BENEFIT TAX
Valuation
• If granted in money, the value is the amount granted.
• If granted in property and ownership is transferred to the employee, the
value is the fair market value of the property.
• If granted in property but ownership is not transferred to the employee, the
value is equal to the depreciation value of the property
FRINGE BENEFIT TAX
Deductible expense of the employer
If the fringe benefit is given to a rank-and-file employee, or to a supervisory
or managerial employee, but is not subject to FBT, the deduction for the
employer is the monetary value of the fringe benefit.
The excess of the de minimis benefits over their respective ceilings prescribed
shall be considered as part of other benefits subject to tax only on the excess
over the P90,000 ceiling.
FRINGE BENEFIT TAX
Excess of De Minimis Benefits over their respective ceilings
All other benefits given by employers which are not included in the
enumeration of de minimis benefits shall not be considered de minimis
benefits but should fall under the classification of "other benefits" and is
therefore subject to the P90,000 ceiling.
FRINGE BENEFIT TAX
P90,000 Ceiling for 13th month pay/bonuses and “Other
Benefits”
Exempt from income tax and creditable withholding tax on compensation,
provided, however, that beginning January 1, 2018, the total exclusion shall
not exceed P90,000.
Otherwise, the excess would form part of an individual's gross income and
would be subject to income tax and applicable creditable withholding taxes.
FRINGE BENEFIT TAX
P90,000 Ceiling for 13th month pay/bonuses and “Other
Benefits”
“Other Benefits” include:
1) Christmas Bonus
2) Productivity Incentive Bonus
3) Loyalty Awards
4) Gifts in cash or in kind and other benefits of similar nature actually
received by officials and employees of both government and private
offices
FRINGE BENEFIT TAX
P90,000 Ceiling for 13th month pay/bonuses and “Other
Benefits”
Examples:
- transportation allowance
- representation allowance
- communication allowance
- living away from home allowance (LAFHA), and the like.
FRINGE BENEFIT TAX
Fixed or Variable Allowances
1) Expense Accounting
a) Taxable as fringe benefits (personal expenses)
b) Non-taxable fringe benefits (representation and transportation
allowance given regularly)
The Use of aircraft and helicopters owned and maintained by the employer
is not a taxable fringe benefit but treated as business expense of the
employer.
Thank You
Prepared by: Rasyl Mae Lamanilao