Professional Documents
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Train Law - 17mar2018
Train Law - 17mar2018
4. Passive Income
Gains derived from dealings in property
Interest
Rents
Royalties
Dividends
Annuities
Prizes and winnings
Pensions
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5. Partner’s distributive share from the
net income of the GPP
COMPENSATION INCOME
OLD PROVISION NEW PROVISION
Taxable Compensation 2018-2022: 20%-35%
5% - 32%
Income 2023 onwards: 15%–35%
Fringe Benefits 32% Fringe Benefit Tax 35% Fringe Benefit Tax
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OLD INCOME TAX RATES
ANNUAL INCOME TAX RATE
P10,000 and below 5%
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NEW INCOME TAX RATES
2018 - 2022
GROSS INCOME PER YEAR INCOME TAX RATE
P250,000 and below 0%
Above P250,000 to P400,000 20% of the excess over P250,000
P30,000 + 25% of the excess over
Above P400,000 to P800,000
P400,000
P130,000 + 30% of the excess over
Above P800,000 to P2,000,000
P800,000
P490,000 + 32% of the excess over
Above P2,000,000 to P8,000,000
P2,000,000
P2,410,000 + 35% of the excess over
Above P8,000,000
P8,000,000
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NEW INCOME TAX RATES
2023 - ONWARDS
INCOME PER YEAR TAX RATE
P250,000 and below 0%
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BUSINESS OR PROFESSIONAL
INCOME
OLD PROVISION NEW PROVISION
• If Gross Sales / Gross Receipts
• 5% - 32% Progressive and other Non-Operating
Income:
Income Tax Rates
Does not exceed 8% income tax
the new VAT rate on Gross
Threshold Sales/Receipts in
(P3,000,000) excess of P250,000
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BUSINESS OR PROFESSIONAL
INCOME
For taxpayers who are availing the 8% Income Tax Rate option, the FS is not
required to be attached in filing the ITR.
For taxpayers who are subjected to the graduated income tax rates, an FS
shall be required as an attachment to the annual ITR even if gross
sales/receipts and other non-operating income did not exceed the VAT
threshold.
• Taxpayers whose gross sales/receipts and other non-operating income
exceeded the VAT threshold shall be required to attach an Audited FS when
filing the ITR.
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MIXED INCOME EARNERS
• Mixed Income Earners who opted to be taxed under
the graduated rates for business/practice of
profession, shall combine the taxable income from both
compensation and business/practice of profession in
computing for the total taxable income and income tax
due.
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WHO CANNOT AVAIL OF THE 8%
INCOME TAX RATE
• Taxpayers who failed to signify in the 1st Quarter Return the
intention to elect the 8% income tax.
• Taxpayer whose Gross Sales/Receipts exceeded the P3M VAT
Threshold
• A VAT-registered taxpayer, regardless of the Gross Sales/Receipts
• Taxpayers who are subject to Other Percentage Taxes
• Partners by virtue of their distributive share from GPP which is
already net of cost and expenses
• The aforementioned taxpayers shall be subject to the
graduated rates (20%-35%)
INTEREST
OLD PROVISION NEW PROVISION
• Interest Income received by • Increased to 15%
an Individual from a
depository bank under EFCDS
shall be subject to final tax of
7 ½% of Interest Income.
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Continuation
PCSO WINNINGS
OLD PROVISION NEW PROVISION
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INCOME DISTRIBUTION FROM A
GENERAL PROFESSIONAL PARTNERSHIP
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DECLARATION OF INCOME TAX
OLD PROVISION NEW PROVISION
• Deadline of Filing: • Deadline of Filing:
– On or before – On or before May 15 (current
April 15
year)
(current year)
• Installment Payment:
• Installment Payment: – 1st installment – May 15
– 1st installment – time of – 2nd and 3rd – August 15 and
Quarterly
declaration Quarterly November 15
– 2nd and 3rd – August 15 and – 4th Installment – on or before
April 15 as stated in Section 10 of
Annual November 15 RR 8-2018. But it should be May
– 4th Installment – on or before Annual 15 based on the amendment of
April 15 Section 20 of the TRAIN
Law/Section 74(B) of the 1997 Tax
Code
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PAYMENT AND ASSESSMENT OF
FINAL ADJUSTED INCOME TAX
Installment Payment
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WHO ARE NOT REQUIRED TO FILE ITR?
OLD PROVISION NEW PROVISION
• An individual whose taxable
• An individual whose Gross income does not exceed P250,000
Income does not exceed his provided that a citizen of the
additional and personal Philippines and any alien
individual engaged in business or
exemptions shall not be
practice of profession within the
required to file a return. Philippines shall file an ITR
regardless of the amount of gross
income.
• Substituted Filing (even if more
than P250,000 but employer
withheld and remitted to BIR)
• Minimum wage earners
RR ON INCOME TAX (Section 9) 22
Continuation
ADDITIONAL PROVISION
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Continuation
ADDITIONAL PROVISION
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ESTATE TAX
Estate Tax Collection for 2006-2015
(In Billion Philippine Peso)
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I. DEFINITION OF GROSS ESTATE
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II. SUMMARY OF ESTATE TAXATION UNDER NIRC 1997
COMPARED WITH THE TRAIN REVISION
GROSS ESTATE xx
Less:
ORDINARY DEDUCTIONS
Expenses, Losses, Indebtedness, Taxes Replaced with
1. Funeral Expenses (5% of the total Gross Estate or actual expense whichever is lower xx Standard Deduction
but in no case to exceed P200,000 ) of P5,000,000 for
2. Judicial Expense (Shall be incurred during the settlement of estate) xx residents and
3. Claims against the Estate xx P500,000 for non-
a. at the time the indebtedness was incurred the debt instrument was duly residents
notarized
b. if loan was contracted within 3 years before the death of the decedent, the
administrator/executor shall submit statement showing the disposition of the
proceeds of the loan
4. Claims against Insolvent Persons ( the said claims must be initially included as part of xx
the Gross Estate)
5. Unpaid Mortgage and Taxes (Property Mortgaged must be part of the Gross Estate) xx
6. Casualty Losses (should include all losses incurred during the settlement of the estate xx
not later than the last day for the payment of estate tax)
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III. COMPARISON OF OLD AND NEW LAW
SEC. 84. Rate of Estate Tax. – Rate of Estate Tax is reduced to a flat rate of 6% based
on the value of the net estate.
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III. COMPARISON OF OLD AND NEW LAW
Section 89 – Notice of Death to be Filed
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III. COMPARISON OF OLD AND NEW LAW
Section 90 – Estate Tax Returns
A. Requirements
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III. COMPARISON OF OLD AND NEW LAW
B. Time for Filing
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III. COMPARISON OF OLD AND NEW LAW
Section 91 – Payment of Tax
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III. COMPARISON OF OLD AND NEW LAW
SEC. 97. Payment of Tax Antecedent to the Transfer of Shares, Bonds or Rights. –
Time of Payment estate tax shall be paid at the time the return
is filed.
b. Non-Resident
1. Standard Deduction will be allowed amounting to
P500,000.
2. Can avail of deductions provided for under the law even
if the return does not include his gross estate not
situated in the Philippines.
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V. CHANGES UNDER THE TRAIN LAW
3. Compliance Requirements
a. Notice of Death is no longer required.
b. Estate tax returns showing gross value exceeding P5,000,000 shall be
supported with a statement duly certified by a Certified Public Accountant.
c. The estate tax return shall be filed within One (1) Year from the
decedent’s death.
d. If there are no sufficient cash to pay the total estate tax due, Payment by
Installment shall be allowed within Two (2) years from the statutory date
for its payment without civil penalty and interest.
e. Withdrawal from bank deposit is allowed subject to a final withholding
tax of six (6%) percent. 41
DONOR’S TAX
I. COMPARISON OF OLD AND NEW LAW
SEC. 99. Rate of Tax Payable by Donor
P 100,000 Exempt
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I. COMPARISON OF OLD AND NEW LAW
SEC. 100. Transfer for Less Than Adequate and full Consideration. –
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II. CHANGES UNDER THE TRAIN LAW
1. Donor’s Tax is now reduced to 6%, regardless of
whether the donee is a stranger or not.
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II. CHANGES UNDER THE TRAIN LAW
3. That a sale, exchange, or other transfer of property made in
the ordinary course of business (a transaction which is a bona
fide, at arm’s length, and free from any donative intent), will
be considered as made for an adequate and full
consideration in money or money’s worth.
5. Vetoed Provision
Exemption of various petroleum products from the excise tax
when used as input, feedstock, or as raw material in the
manufacturing of petrochemical products, or in the refining of
petroleum products, or as replacement fuel for natural gas
fired combined cycle power plants.
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DOCUMENTARY
STAMP TAX
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DOCUMENTARY STAMP TAX
• A national tax levied upon a right or privilege.
• The tax is paid by the person making, signing, issuing,
accepting or transferring the documents.
• The amount of tax is either fixed or based on the par or
face value of the document or instrument.
• BIR Form 2000 shall be filed and paid within the 5 days
after the close of the month when the taxable
document was made signed, issued, accepted and 54
transferred.
Documentary Stamp Tax
Provided, further, That in the case of stock without par value the
amount of the documentary stamp tax herein prescribed shall be
equivalent to FIFTY PERCENT (50%) of the documentary stamp
tax paid upon the original issue of said stock.
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Documentary Stamp Tax
Sec. 177 Stamp Tax on Certificates of Profits or P0.50 on each P1.00 on each
Section 53
Interest in property or Accumulations P200.00 P200.00
Sec. 181 Stamp Tax upon Acceptance of Bills of P0.30 on each P0.60 on each
Section 57
Exchange and Others P200.00 P200.00
Sec. 182 Stamp Tax on Foreign Bills of exchange and P0.30 on each P0.60 on each
Section 58
Letters of Credit P200.00 P200.00
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