Tax 1 - Summary of Important Matters
Tax 1 - Summary of Important Matters
Tax 1 - Summary of Important Matters
1. Global System of income taxation - All types of income are aggregated to arrive at
gross income. This gross income is reduced by allowable deductions to arrive at a
taxable income. This taxable income is subjected to income tax rate applicable.
2. Schedular system of income taxation – specific rates are imposed on different types
of income. Ex. Passive income and capital gains.
1. Taxable Income
a. Ordinary Income
b. Passive Income
c. Capital Gains
2. Exempt Income
1. Gross amount of income derived from all sources within the 25%
Philippines
2. Capital gains from the exchange or other disposition of real 6%
property located in the Philippines
3. Net Capital gains from the sale of shares of stock not traded in
the Stock Exchange
- Not Over P100,000 5%
- Any amount in excess of P100,000 10%
VII. Beginning on the 4th year immediately following the year in which such
corporation commenced its business operations, when the minimum corporate
income tax is greater than the tax computed using the normal income tax.
1. Progressive Tax on ordinary income (Graduated Tax Rates/Net Income Tax Rates,
for years 2018-2022)
a. Sale of domestic stocks not listed and traded through local stock exchange and
held as capital asset (15%)
b. Sale of real properties not used in business (6%)
All income derived from whatever source, including but not limited to the
following:
1. Compensation
2. Gross Income from profession, trade or business
3. Gains from dealings in property
4. Interests
5. Rents
6. Royalties
7. Dividends
8. Annuities
9. Prizes and winnings
10. Pensions
11. Partners share in the net income of the general professional partnership
*Note: for computation of Net Taxable Income, passive income, capital gains and
other income subject to other specific tax rates must be deducted.
1. Itemized deductions, OR
2. Optional Standard Deduction (OSD)
*Note: Non-resident aliens not engaged in trade or business in the Philippines and
special aliens may not avail deductions from gross income.
How do you compute Regular Income Tax for Corporations (Regular Income Tax
Formula)?
All income derived from whatever source, including but not limited to the
following:
1. Itemized deductions, OR
2. Optional Standard Deduction (OSD)
It is 15% tax on gross income given to domestic and resident foreign corporate
taxpayers as an option instead of the 30% net income tax.
It is 2% of gross income as of the end of taxable year imposed upon any domestic
and resident foreign corporations beginning on the fourth (4th) taxable year immediately
following the taxable year in which such corporation commenced its business operations.
MCIT is imposable whenever:
* Note: MCIT is always compared to RCIT starting on the 4th year of operations. The
higher between MCIT and RCIT should be the tax due for the taxable period. Any
excess of the minimum corporate income tax over the normal corporate income tax
shall be carried forward and credited (deducted) against the regular income tax for
the three succeeding taxable years, provided that the normal tax should be higher
than the minimum corporate tax in the year to which the excess MCIT is forwarded.
Domestic Corporations
- Proprietary educational institutions 10%
10%
- Non-profit hospital
Resident Foreign Corporations
- International Carriers 2.5% (may be
lower or even
exempt based
on treaty)
What are the passive incomes of corporate taxpayers and their tax rates?
1. Sale of domestic stocks not listed and traded through local stock exchange and
held as capital asset (15%)
2. Sale of real properties not used in business, held as capital asset (6%)
Any profit remitted by a branch to its head office shall be subject to a final tax at
15% which shall be based on the total profit applied or earmarked for remittance, without
any deduction for the tax component thereof, except those activities which are registered
with the PEZA. Every resident corporation shall be held liable to a 15% of the total
earmarked profit remittances to a foreign country.
PARTNERSHIP INCOME TAX
The partnership itself is subject to corporate taxations. The individual partners are
considered stockholders and therefore, profits distributed to them by the partnership are
taxable as dividends and subject to final tax as follows:
The taxable income for a taxable year, after deducting the corporate income tax
imposed therein, shall be deemed to have been actually or constructively received by the
partners in the same taxable year and shall be taxed to them in their individual capacity
whether actually distributed or not.
It is a formal income tax on the employee which shall be withheld and paid by the
employer on a quarterly basis.
“Fringe benefit” means any good, service, or other benefit furnished or granted by
an employer, in cash or in kind, in addition to basic salaries, to an individual employee
(except
rank and file employees) such as, but not limited to the following:
1. Housing
2. Expense Account
3. Vehicle of any kind
4. Household personnel, such as maid, driver and others
5. Interest on loan at less than market rate to the extent of the difference between
the market rate and actual rate granted.
6. Membership fees, dues and other expenses borne by the employer for the
employee in social and athletic clubs and similar organizations
7. Expenses for foreign travel
8. Holiday and vacation expenses
9. Educational assistance to the employee or his dependents
10. Life or health insurance and other non-life insurance premiums or similar
amounts on excess of what the law allows.
The applicable rate is 35% of the Grossed up Monetary Value (GMV) of fringe
benefits.
In the case of aliens, the tax rates to be applied on fringe benefit shall be as follows:
1. NRANBTB - 25%
2. Aliens employed by regional HO - 15%
3. Aliens employed by offshore banking units - 15%
4. Aliens employed by Petroleum Service E
5. Contractors and Subcontractors
Gross Monetary Value “GMV” of the fringe benefit consists of the following:
a. the whole amount of income realized by the employee which includes the net
amount of money or net monetary value of property which has been received;
PLUS
b. the amount of fringe benefit tax thereon otherwise due form the employee but
paid by the employer for and in behalf of the employee.
* Rank and File Employees shall mean all employees who are holding neither
managerial nor supervisory position as defined in the Labor Code.
In the case of rank and file employees, fringe benefits other than those excluded
from gross income under the Tax Code and other special laws, are taxable under the
individual normal tax rate.
FBT is deductible from the taxable income of the employer. Subject to some
exception, the amount of taxable fringe benefit and the fringe benefits tax shall
constitute allowable deductions from gross income of the employer.
a. Air fare tickets of economy and business class except First Class which
30% thereof is deemed taxable
b. Hotel accommodation of US$300/day
c. Inland travel
11. Productivity bonus not exceeding 10,000 provided there is a collective bargaining
agreement.
Fair Market Value/Market Value ÷ Gross up Divisor x Fringe Benefit Tax Rate
1. Individual
a. Resident citizen;
b. Nonresident citizen on income from within the Philippines;
c. Resident alien on income from within the Philippines;
d. NRAETB on income from within the Philippines;
e. An individual (citizen/aliens) engaged in a business or practice of a
profession within the Philippines, regardless of the amount of gross income;
f. Individual deriving compensation income concurrently from two or more
employers at any time during the taxable year;
1. Legal residence authorized agent bank; Revenue District Officer; Collection agent
or duly authorized treasurer
2. Principal place of business
3. With the Office of the Commissioner
May 15 for those earning sole compensation income or solely business, practice
of profession or combination of business and compensation.
*When the tax due is in excess of P2, 000, the taxpayer may elect to pay in two (2)
equal installments:
One (1) return may be filed for spouses for the taxable year if the following
requisites are complied with:
*If impracticable to file one (1) return, each spouse may file a separate return of
income but the return so filed shall be consolidated by the BIR for the process of
verification for the year.
Income of unmarried minors derived from property received by the living parent
shall be included in the return of the parent? Except:
1. when donor’s tax has been paid on such property, or
2. when transfer of such property is exempt from donor’s tax
Each GPP shall file in duplicate, a return of its income except, those income
exempt from income tax. The following shall be set forth:
Corporate return shall be filed quarterly. For the first three (3) quarters on a
strictly sixty (60) day basis and the final or adjusted return on the 15th day of the fourth
(4th) month following the close of either a fiscal or calendar year.
1. Where such compensation income of an individual does not exceed the statutory
minimum wages; or
2. does not exceed P5, 000) monthly or P60, 000 annually whichever is higher
The return may be amended within 3 years from the date of such return and no
notice for audit or reinvestigation of such return been served upon the taxpayer.
What is eFPS?
Electronic Filing and Payment System (eFPS) refers to system developed and
maintained by the BIR for electronically filing tax returns, including attachments, if any,
and paying taxes due thereon, specially through internet.
1. Large taxpayers
2. Top 20, 000 private corporations
3. Corporations with paid up capital of ten million pesos and above.
4. Corporations with complete computerized systems
5. Taxpayers joining public biddings for government contracts
6. Enterprises enjoying fiscal incentives granted by other government agencies, e.g.
PEZA
7. Top 5,000 individuals
8. Stock broker duly registered with the SEC and insurance companies duly
registered insurance commission
9. Licensed local contractors
10. Government Offices
11. National Government Agencies
12. Taxpayer account management program
13. Accredited importers
1. As to payments
Who are required to keep books, hire CPA and submit account information form?
All taxpayer whose annual gross sales/receipts exceeds P3,000,000 are required
to keep books, hire CPA and submit account information form.
What is eBIRFORMs?
*Note: eBIRFORMs are available to all taxpayers not covered by eFPS who desires to
file online or via internet.