Income Tax on Corporations Module 9 Week 11: Income Tax on Corporations Learning Objectives:
1. Define the concept of Corporation
2. Classify the Corporate Taxpayers 3. Enumerate the Tax- exempt Corporation 4. Know the Income Taxes of Corporation Week 11: Income Tax on Corporations Learning Objectives:
5. Determine Special Corporations,
Special Domestic Corporations, and Special Nonresident Corporations 6. Identify when to file Corporate ITR 7. Know the condition for the Dissolution and Reorganization of Corporation in filing ITR Week 11: Income Tax on Corporations Normal Corporate Income Tax (NCIT) It refers to the use of regular domestic income tax rates on corporate taxable income which 30%. Gross sales 1,050,000php Less: sales returns, allowances and discounts 50,000php
Net sales 1,000,000php
Less: cost of sales/goods manufactured and 400,000php sold Gross profit from operation 600,000php Add: non-operating and other income 100,000php not subjected to final/capital gains tax Gross income 700,000php Less: allowable itemized business deductions 400,000php
Net taxable income subject to NCIT 300,000php
Multiply NCIT rate 30%
Normal Corporate Income Tax 90,000php Week 11: Income Tax on Corporations Minimum Corporate Income Tax (MCIT) Domestic and foreign corporations shall be taxed with 2% based on gross income and not on their net taxable income Week 11: Income Tax on Corporations Optional Gross Income Tax (OGIT) 1. the option to be taxed at 15% of gross income as defined therein 2. ratio of cost of sales to gross sales do not exceed 55%. 3. irrevocable for three consecutive taxable years Capital Gains Tax Capital gains tax Domestic Resident foreign Nonresident foreign 1. Capital gains on sale of shares of stock not traded in the local stock exchange. Net capital gains: not over P100,000 5% 5% 5% excess P100,000 2. Percentage tax on sale of 10% 10% 10% shares of stock traded in the local stock exchange. 1/2 of 1% 1/2 of 1% 1/2 of 1% Based on selling price. 3. Capital gains on sale or disposition of lands and or buildings located in 6% of selling price of FMV 6% of selling price of FMV 30% final withholding tax the Philippines. whichever is higher whichever is higher 4. Net capital gains on sales or exchange or not taxable disposition of lands 30% not taxable and/or buildings located outside the Philippines Passive Income Tax Passive Income within Domestic and Nonresident Foreign Foreign Corporation 1. Interest from depository bank under 7.5% tax exempt the expanded foreign 20% normal corporate currency income tax deposit system. 2. Royalties, yield or 20% monetary normal corporate substitutes from income tax deposits substitutes, trust funds and similar arrangements. Special Corporations Classifications Applicable Tax
1. Proprietary educational institutions
(except those whose gross 10% of net taxable income income from unrelated source exceeds 50% of their total 10% of net taxable income gross income) Normal corporate income tax 2. Non-profit hospitals 3. Government owned and controlled Tax exempt corporations 4. Exempt government organizations (GSIS, SSS, PHIC, PCSO) Week 11: Income Tax on Corporations Domestic Private Educational Institutions Domestic private educational institutions and hospitals which are non-profit shall pay a tax of 10% on their net taxable income. Special Resident Foreign Corporation Classifications Applicable Tax
1. International Carrier 2 ½% of the Philippine
2. Offshore Banking Units gross billings 3. Branch Remittances 10% of gross income 4. Regional Area Headquarters 15% of remittances 5. Regional Tax exempt Operating 10% of taxable Headquarters income Week 11: Income Tax on Corporations International Carrier • In a continuous and uninterrupted flight • In case of transshipment, that portion of the cost of ticket corresponding to the leg flown from the Philippines to the point off transshipment Week 11: Income Tax on Corporations Offshore Banking Units These resident foreign corporations are subjected to a 10% final tax on interest income derived from foreign currency loans granted to residents. Week 11: Income Tax on Corporations Regional Operating Headquarters These resident foreign corporations are subjected to a 10% final tax on interest income derived from foreign currency loans granted to residents. Special Nonresident Foreign Corporation Classifications Applicable Tax – income within
1. Cinematography film owner, 25% of gross income
lessor/director 7 ½% of gross income 2. Lessor of machinery, equipment, aircraft 4 ½% of gross income and others 3. Lessor of vessels chartered by Philippine Nationals Week 11: Income Tax on Corporations Insurance Companies required by the law to be made within the year to reserve funds and the sums other than dividends paid within the year on policy and annuity contracts may be deducted from their gross income Week 11: Income Tax on Corporations Franchising Companies When royalties are received in active pursuit of business, it is subjected to 30% regular corporate income tax. If royalties are derived from passive income, these are generally subjected to final tax. Week 11: Income Tax on Corporations Corporate Income Tax Returns The return shall be filed by the president, vice-president or other principal officers and shall be sworn to by such officer and by the treasurer or the assistant treasurer. Week 11: Income Tax on Corporations ITR of Corporate Dissolution or Reorganization A corporation should render a correct ITR to the BIR Commissioner. The dissolving or reorganizing corporation shall secure a certificate of tax clearance from the BIR which shall be submitted to the SEC. Week 11: Income Tax on Corporations Taxable Year of Corporation A corporation shall not change the accounting period employed without prior approval from the Commissioner in accordance with prohibitions of Section 47 of the Tax Code. Week 11: Income Tax on Corporations Annual Income Tax Return The corporate annual income tax return contains the accumulated report of sales, cost of sales and allowable deductions from the first quarter to the 4th quarter during the taxable year. Week 11: Income Tax on Corporations Improperly Accumulated Earnings Tax It should be able to prove an immediate need for the accumulation of the earnings and profits or the direct correlation of anticipated needs to such deemed to be not for the reasonable needs of the business, and the penalty tax would apply. Week 11: Income Tax on Corporations Earnings for the Reasonable Needs of the Business 1. Allowance for the increase 2. definite corporate expansion projects 3. building, plants, or equipment acquisition 4. any loan covenant 5. legal prohibition 6. corporate records Week 11: Income Tax on Corporations Accumulated Profits beyond Reasonable Needs 1. Investment of substantial earnings and profits 2. Investment in bonds and other long- term securities. 3. Accumulation of earnings in excess of 100% of paid-up capital Week 11: Income Tax on Corporations Objective of Improperly Accumulated Earnings Tax Its objective is to force corporations to distribute dividends to stockholders in order that related tax on dividends will be collected. Week 11: Income Tax on Corporations Tax Base of Improperly Accumulated Earnings Tax For closely-held family corporations found subject to the tax: • Income exempt from tax • Income excluded from gross income • Income subject to final tax • NOLCO deducted