TAX - 404 Allowable Deductions
TAX - 404 Allowable Deductions
TAX - 404 Allowable Deductions
La Salle
LEARNING OBJECTIVES
REVIEW NOTES
ALLOWABLE DEDUCTIONS, DEFINED 1. A reasonable allowance for salaries, wages, and other forms
of compensation for personal services actually rendered,
Deductions are items or amounts which the law allows to be including the grossed-up monetary value of fringe benefit
deducted from gross income of certain taxpayers. furnished or granted by the employer to the employee:
Provided, That the final tax imposed under Section 33
This is only allowed to taxpayers subject to graduated income hereof has been paid;
tax rate, in the case of individuals, and Regular Corporate
Income Tax for Corporations. 2. A reasonable allowance for travel expenses, here and
abroad, while away from home in the pursuit of trade,
KINDS OF DEDUCTIONS business or profession;
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TAXATION | TAX.404—ALLOWABLE DEDUCTIONS UNIVERSITY OF ST. LASALLE
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TAXATION | TAX.404—ALLOWABLE DEDUCTIONS UNIVERSITY OF ST. LASALLE
EXCEPTION TAXES
Interest expense on tax delinquency or deficiency, provided, the The term “taxes” means taxes proper and no deductions should
tax is related to trade, business or practice of profession shall be be allowed for amounts representing interest, surcharge, or
100% deductible. penalties incident to delinquency.
OPTIONAL TREATMENT OF INTEREST GENERAL RULE – Taxes paid or incurred within the taxable year
in connection with the taxpayer’s profession, trade or business,
Interest expense related to acquisition of property used in trade, shall be allowed as deduction.
business or profession may, at the option of the taxpayer, be:
1. Claimed as outright expense; or EXCEPTION – The following taxes are not deductible:
2. Capitalize and claim depreciation. 1. Income tax
2. Income tax paid abroad if claimed as tax credit
TIME WHEN ADVANCE INTEREST CAN BE CLAIMED BY 3. Estate tax
INDIVIDUAL UNDER CASH BASIS 4. Donor’s tax
5. Special assessment
If within the taxable year an individual taxpayer reporting 6. VAT
income on the cash basis incurs an indebtedness on which an 7. Stock transaction tax
interest is paid in advance through discount or otherwise, the
same shall be allowed as a deduction in the year the LOSSES
indebtedness is paid: Provided, further, That if the indebtedness
is payable in periodic amortizations, the amount of interest KINDS OF LOSSES
which corresponds to the amount of the principal amortized or
paid during the year shall be allowed as deduction in such 1. Losses in General
taxable year. 2. Casualty Losses
3. Voluntary removal of buildings
NON-DEDUCTIBLE INTEREST 4. Loss of value
5. Net operating loss carry-over (NOLCO)
1. Interest paid to persons classified as related taxpayers 6. Capital losses and securities becoming worthless
under Section 36 (B) of RA 8424 shown below; 7. Special Losses
a) Losses from wash sales of stock or securities
a) Between members of a family. b) Wagering losses
c) Abandonment losses
For purposes of this paragraph, the family of an
individual shall include only his brothers and sisters LOSSES IN GENERAL
(whether by the whole or half-blood), spouse,
ancestors, and lineal descendants; or Losses must usually be evidenced by closed and completed
transactions. Proper adjustment must be made in each case for
b) Except in the case of distributions in liquidation, expenditures or items of loss properly chargeable to capital
between an individual and corporation more than fifty account, and for depreciation, obsolescence, amortization, or
percent (50%) in value of the outstanding stock of depletion. Moreover, the amount of the loss must be reduced by
which is owned, directly or indirectly, by or for such the amount of any insurance or other compensation received,
individual; or and by the salvage value, if any, of the property. A loss on the
sale of residential property is not deductible unless the property
c) Except in the case of distributions in liquidation, was purchased or constructed by the taxpayer with a view to its
between two corporations more than fifty percent subsequent sale for pecuniary profit. No loss is sustained by the
(50%) in value of the outstanding stock of which is transfer of property by gift or death. Losses sustained in illegal
owned, directly or indirectly, by or for the same transactions are not deductible.
individual if either one of such corporations, with
respect to the taxable year of the corporation preceding CASUALTY LOSSES
the date of the sale of exchange was under the law
applicable to such taxable year, a personal holding Losses sustained due to fires, storms, shipwreck, or other
company or a foreign personal holding company; casualties, or from robbery, theft or embezzlement are
deductible provided the following requisites are present;
d) Between the grantor and a fiduciary of any trust; or 1. The property lost is connected with the trade, business or
practice of profession;
e) Between the fiduciary of and the fiduciary of a trust and 2. Actually sustained during the taxable year;
the fiduciary of another trust if the same person is a 3. Not compensated for by insurance or other forms of
grantor with respect to each trust; or indemnity
4. Incurred in trade, profession or business
f) Between a fiduciary of a trust and beneficiary of such 5. Reported with the BIR within forty-five (45) days from the
trust. time of loss; and
6. Not claimed as deduction for estate tax purposes.
2. If the indebtedness is incurred to finance petroleum
exploration;
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TAXATION | TAX.404—ALLOWABLE DEDUCTIONS UNIVERSITY OF ST. LASALLE
When through some change in business conditions, the EFFECT IF ABANDONED WELL IS REENTERED AND
usefulness in the business of some or all of the capital assets is PRODUCTION IS RESUMED OR EQUIPMENT IS RESTORED INTO
suddenly terminated, so that the taxpayer discontinues the SERVICE
business or discards such assets permanently from use of such
business, he/it may claim as deduction the actual loss sustained. If the abandoned well is re-entered and production is resumed
or equipment is restored into service, the effects are:
NET OPERATING LOSS CARRY-OVER 1. The amount previously claimed as deduction shall be
recognized as income; and
“Net Operating Loss” means the excess of allowable deduction 2. Such amount shall also be capitalized and amortized or
over gross income of the business in a taxable year. depreciated, as the case may be.
The net operating loss of the business or enterprise for any BAD DEBTS
taxable year shall be carried over as a deduction from gross
income for the next three (3) consecutive taxable years Receivables which are no longer collectible are deductible,
immediately following the year of such loss. However, business provided the following requisites are present:
or enterprise which incurred net operating loss for taxable 1) There must be an existing indebtedness due to the taxpayer
years 2020 and 2021 shall be allowed to carry-over the same as which must be valid and legally demandable;
a deduction from gross income for the next five (5) consecutive 2) The same must be connected with the taxpayer’s trade,
taxable years immediately following the year of such loss. business or practice of profession;
3) The same must not be sustained in a transaction between
REQUISITES FOR DEDUCTIBILITY: related taxpayers;
1. On the year of net loss, the taxpayer must not be exempt 4) The same must be actually charged off in the books of
from income tax (Income tax holiday); and accounts of the taxpayer as of the end of the taxable year;
2. There is no substantial change in the ownership of the and
business or enterprise in that – 5) The same must be actually ascertained to be worthless and
a) Not less than seventy-five (75%) in nominal value of uncollectible.
outstanding issued shares, if the business is in the name
of a corporation, is held by or on behalf of the same In the case of Philippine Refining Co. vs. Court of Appeals (G.R.
persons; or No. 118794 dated May 8, 1994), the Court held that there are
b) Not less than seventy-five (75%) of the paid-up capital steps outlined to be undertaken by the taxpayer to prove that he
of the corporation, if the business is in the name of a exerted diligent efforts to collect the debts, viz:
corporation, is held by or on behalf of the same persons. a. Sending of statement of accounts
b. Sending of collection letters;
NOLCO FOR MINES OTHER THAN OIL & GAS WELLS c. Giving the account to a lawyer for collection; and
d. Filing a collection case in court.
For mines other than oil and gas wells, net operating loss
incurred in any of the first ten (10) years of operation may be SECURITIES BECOMING WORTHLESS
carried over for the next five (5) years.
If securities are ascertained to be worthless and charged off
LOSSES FROM WASH SALES OF STOCK OR SECURITIES within the taxable year and are capital assets, the loss resulting
therefrom shall, in the case of a taxpayer other than a bank or
In case of any loss claimed to have been sustained from any sale trust company incorporated under the laws of the Philippines a
or other disposition of shares of stock or securities shall not be substantial part of whose business is the receipt of deposits, be
deductible if: considered as a loss from the sale or exchange, on the last day of
1) The seller is not a dealer in securities; such taxable year, of capital assets.
2) Within a period of thirty (30) days before the sale ending
thirty (30) days after the sale, the seller either: DEPRECIATION
a) Acquired (by purchase or exchange) stock or securities
identical to the stock or securities sold; or There shall be allowed as a deduction a reasonable allowance
b) Has entered into a contract or option to acquire stock or for the exhaustion, wear and tear (including reasonable
securities identical to the stock or securities sold. allowance for obsolescence) of property used in the trade or
business, provided the following requisites are present:
WAGERING LOSSES 1) The property subject to depreciation is used in the trade,
business or practice of profession;
Losses from wagering transactions shall be allowed only to the
extent of the gains from such transactions.
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TAXATION | TAX.404—ALLOWABLE DEDUCTIONS UNIVERSITY OF ST. LASALLE
2) The allowance for depreciation must be sustained by the PROPERTIES USED IN MINING OPERATIONS
person who owns or who has a capital investment in the
property; If expected life of property Normal rate of
3) The allowance for depreciation must be reasonable; is ten (10) years or less depreciation (depreciate
4) The allowance for depreciation should not exceed the cost over actual useful life)
of the property; If expected life is more Depreciated over any
5) The schedule of the allowance must be attached to the than ten (10) years number of years between
return. five (5) years and the
expected life.
USE OF CERTAIN METHODS AND RATES
DEPRECIATION DEDUCTIBLE BY NON-RESIDENT ALIENS
The term 'reasonable allowance' shall include, but not limited ENGAGE IN TRADE OR BUSINESS OR RESIDENT FOREIGN
to, an allowance computed in accordance with rules and CORPORATIONS
regulations prescribed by the Secretary of Finance, upon
recommendation of the Commissioner, under any of the In the case of non-resident aliens engage in trade or business or
following methods: resident foreign corporations, depreciation shall be allowed
1) Straight-line method only if the property is located in the Philippines.
2) Declining-balance method – rate should not exceed twice
the rate in straight-line method OBSOLESCENCE MAY BE DEDUCTED IN ADDITION TO
3) Sum-of-the-years-digit method; and DEPRECIATION
4) Any other method which may be prescribed by the
Secretary of finance upon recommendation of the BIR. Allowance for obsolescence may be deducted in addition to
reasonable allowance for the exhaustion, wear and tear.
AGREEMENT AS TO USEFUL LIFE ON WHICH DEPRECIATION
RATE IS BASED EXPENSES ALLOWABLE TO PRIVATE EDUCATIONAL
INSTITUTIONS
Where under rules and regulations prescribed by the Secretary
of Finance upon recommendation of the Commissioner, the A private educational institution may at its option elect either:
taxpayer and the Commissioner have entered into an agreement a) to deduct expenditures otherwise considered as capital
in writing specifically dealing with the useful life and rate of outlays of depreciable assets incurred during the taxable
depreciation of any property, the rate so agreed upon shall be year for the expansion of school facilities; or
binding on both the taxpayer and the National Government in b) to deduct allowance for depreciation.
the absence of facts and circumstances not taken into
consideration during the adoption of such agreement. The DEPLETION OF OIL AND GAS WELLS AND MINES
responsibility of establishing the existence of such facts and
circumstances shall rest with the party initiating the In case of oil and gas wells or mines, capital invested may be
modification. Any change in the agreed rate and useful life of the amortized using cost-depletion method, provided:
depreciable property as specified in the agreement shall not be 1) When allowance for depletion shall equal capital invested,
effective for taxable years prior to the taxable year in which no further allowance shall be granted;
notice in writing by certified mail or registered mail is served by 2) After production in commercial quantities has commenced,
the party initiating such change to the other party to the intangible exploration and development drilling costs
agreement: shall be treated as follows:
Provided, however, that where the taxpayer has adopted such INTANGIBLE EXPLORATION AND DEVELOPMENT
useful life and depreciation rate for any depreciable and claimed DRILLING COSTS
the depreciation expenses as deduction from his gross income, KINDS TREATMENT
without any written objection on the part of the Commissioner Incurred for non- Deductible in the year
or his duly authorized representatives, the aforesaid useful life producing wells and/or incurred.
and depreciation rate so adopted by the taxpayer for the mines
aforesaid depreciable asset shall be considered binding. At the option of the
taxpayer:
PROPERTIES USED IN PETROLEUM OPERATIONS
Incurred for producing OPTION 1 – Deductible in
Properties directly related 1) Straight-line wells and/or mines full in the year paid or
to production 2) Declining-balance incurred; or
method
OPTION 2 – Capitalize
NOTE: Useful life to be and amortize.
used is shorter period
between: 'Intangible costs in petroleum operations' refers to any cost
a. 10 years; or incurred in petroleum operations which in itself has no salvage
b. Useful life value and which is incidental to and necessary for the drilling of
Properties not directly - Only straight-line wells and preparation of wells for the production of petroleum:
related to production method is allowed Provided, That said costs shall not pertain to the acquisition or
- Useful life is always improvement of property of a character subject to the allowance
presumed to be 5 for depreciation except that the allowances for depreciation on
years. such property shall be deductible under this Subsection.
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Any intangible exploration, drilling and development expenses government corporations, exclusively to be used in
allowed as a deduction in computing taxable income during the undertaking priority activities in:
year shall not be taken into consideration in computing the a. Education;
adjusted cost basis for the purpose of computing allowable cost b. Health;
depletion. c. Youth
d. Sports development;
ELECTION TO DEDUCT EXPLORATION AND DEVELOPMENT e. Human settlements;
EXPENDITURES f. Science and culture;
g. Economic development.
In computing taxable income from mining operations, the
taxpayer may at his option, deduct exploration and 2) Donations to foreign institutions or international
development expenditures accumulated as cost or adjusted organizations which are fully deductible in pursuance of:
basis for cost depletion as of date of prospecting, as well as a. Agreements;
exploration and development expenditures paid or incurred b. Treaties;
during the taxable year: Provided, That the amount deductible c. Commitments; or
for exploration and development expenditures shall not exceed d. Special laws.
twenty-five percent (25%) of the net income from mining
operations computed without the benefit of any tax incentives 3) Donations to Accredited Non-government Organizations
under existing laws. The actual exploration and development
expenditures minus twenty-five percent (25%) of the net The term “non-government organization” means a non-
income from mining shall be carried forward to the succeeding profit domestic corporation:
years until fully deducted. a. Organized and operated exclusively for:
i. Scientific;
The election by the taxpayer to deduct the exploration and ii. Research;
development expenditures is irrevocable and shall be binding in iii. Educational;
succeeding taxable years. iv. Character building;
v. Youth and sports development;
'Net income from mining operations' shall mean gross income vi. Health;
from operations less 'allowable deductions' which are vii. social welfare;
necessary or related to mining operations. 'Allowable viii. Cultural;
deductions' shall include mining, milling and marketing ix. Charitable purposes; or
expenses, and depreciation of properties directly used in the x. A combination thereof.
mining operations. This paragraph shall not apply to
expenditures for the acquisition or improvement of property of b. No part of the net income of which inures to the benefit
a character which is subject to the allowance for depreciation. of any private individual;
In no case shall this paragraph apply with respect to amounts c. Not later than 15th day of the third (3rd) month after the
paid or incurred for the exploration and development of oil and close of the taxable year in which contributions are
gas. received, makes utilization, unless an extended period
is granted by the Secretary of Finance, upon
The term 'exploration expenditures' means expenditures paid recommendation of the Commissioner of Internal
or incurred for the purpose of ascertaining the existence, Revenue.
location, extent or quality of any deposit of ore or other mineral,
and paid or incurred before the beginning of the development d. The level of administrative expense of which shall, on
stage of the mine or deposit. an annual basis, in no case to exceed thirty percent
(30%) of the total expenses;
The term 'development expenditures' means expenditures paid
or incurred during the development stage of the mine or other e. The assets of which, in the event of dissolution, would
natural deposits. The development stage of a mine or other be distributed to:
natural deposit shall begin at the time when deposits of ore or i. Another domestic corporation organized for
other minerals are shown to exist in sufficient commercial similar purpose or purposes; or
quantity and quality and shall end upon commencement of ii. The state for public purposes; or
actual commercial extraction. iii. Another organization to be used in such
manner as in the judgement of the court shall
DEPLETION OF OIL AND GAS WELLS AND MINES DEDUCTIBLE best accomplish the general purpose for which
BY A NON-RESIDENT ALIEN INDIVIDUAL OR FOREIGN the dissolved organization was organized.
CORPORATION
Per special laws, donations made to the following are
In the case of non-resident aliens engage in trade or business or deductible in full:
resident foreign corporations, depletion shall be allowed only if 1. Integrated Bar of the Philippines (P.D.181)
the oil and gas wells or mines are located in the Philippines. 2. International Rice Research Institute (R.A. 2707)
3. Development Academy of the Philippines (P.D. 205)
CHARITABLE CONTRIBUTIONS 4. The University of the Philippines & other state colleges
5. Cultural Center of the Philippines
FULLY DEDUCTIBLE DONATIONS 6. Artesian Well Fund (R.A. 1977)
7. Ramon Magsaysay Award Foundation
The following charitable contributions shall be fully deductible: 8. Task Force on Human Settlement
1) Donations to the Government of the Philippines or to any of 9. Donations to the National Museum of the Philippines
its agencies or political subdivisions including fully owned (RA No. 11333)
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TAXATION | TAX.404—ALLOWABLE DEDUCTIONS UNIVERSITY OF ST. LASALLE
10. Donation to National Performing Arts Companies (RA purposes is not the proper amount to be used in determining
No. 11392) Pension Liability in determining deductible Pension Trust.
11. National Commission on Culture
12. Humanitarian Science Foundation PAST SERVICE COST
13. National Social Action Council
Past service cost is the excess of actual contributions over the
DONATIONS SUBJECT TO LIMIT Normal Cost. It shall be amortized over ten (10) years.
The following donations, which do not fall under fully
deductible donations, shall be subject to limit: OPTIONAL STANDARD DEDUCTION (OSD)
1) Donations to the Government of the Philippines or
any agencies or any political subdivision thereof In lieu of the itemized deductions, an individual subject to
exclusively for public purposes; graduated rate, other than a non-resident alien, may elect a
2) Donations to accredited domestic corporations or standard deduction in an amount not exceeding forty percent
associations operated exclusively for: (40%) of his gross sales or gross receipts, as the case maybe. In
a. Religious; the case of a corporation subject to RCIT, it may elect a standard
b. Charitable; deduction in an amount not exceeding forty percent (40%) of its
c. Scientific; gross income.
d. Youth and sports development;
e. Cultural; Unless the taxpayer signifies in his return his intention to elect
f. Educational the optional standard deduction, he shall be considered as
g. Rehabilitation of veterans; having availed himself of the itemized deductions. Such election
h. Social welfare institutions; or when made in the return shall be irrevocable for the taxable
i. Non-government organization. year for which the return is made.
Actual contribution to the extent of pension PXXX 1) Bribes, kickbacks and other similar payments;
liability* 2) Personal, living or family expenses;
3) Any amount paid out for new buildings or for permanent
Amortization of Past Service Cost XXX improvements, or betterments made to increase the value
Total PXXX of any property or estate, except intangible drilling and
* Compare actual contribution and Normal Cost whichever is development costs incurred in petroleum operations which
lower are deductible;
4) Any amount expended in restoring property or in making
PENSION LIABILITY good the exhaustion thereof for which an allowance is or
Pension liability is equivalent to Normal Cost per Actuarial has been made
Valuation Report (AVR) for funding purposes. AVR for PAS 19 5) Premiums paid on any life insurance policy covering the life
of any officer or employee, or of any person financially
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interested in any trade or business carried on by the d. Between the grantor and a fiduciary of any trust; or
taxpayer, individual or corporate, when the taxpayer is e. Between the fiduciary of a trust and fiduciary of
directly or indirectly a beneficiary under such policy. another trust if the same person is the grantor
6) Interest, Losses and Bad Debts: with respect to each trust; or
a. Between members of a family. Family of an individual f. Between a fiduciary of a trust and a beneficiary of such
shall include only his brothers and sisters (whether by trust.
the whole or half-blood), spouse, ancestors, and lineal
descendants; or SPECIAL DEDUCTIONS ALLOWED TO INSURANCE
b. Except in the case of distributions in liquidation, COMPANIES
between an individual and a corporation more than
fifty percent (50%) in value of the outstanding stock of In the case of insurance companies, whether domestic or foreign
which is owned, directly or indirectly, by or for such doing business in the Philippines, the following are deductible:
individual; or 1) Net additions made within the year to reserve funds; and
c. Except in the case of distributions in liquidation, 2) The sum other than dividends paid within the year on policy
between two corporations more than fifty percent and annuity contracts.
(50%) in value of the outstanding stock of each of which
is owned, directly or indirectly, by or for the same NOTE: Released reserve shall be treated as income for the year
individual, if either one of such corporations, with of release.
respect to the taxable year of the corporation preceding
the date of the sale or exchange was a personal holding
company;
DISCUSSION QUESTIONS
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TAXATION | TAX.404—ALLOWABLE DEDUCTIONS UNIVERSITY OF ST. LASALLE
P4,800,000 representing rental payment for year 2018 How much is the additional Allowable Deductions on
and 2019. Training Expenses?
Security deposit of P2,400,000. a. P3,000,000 c. P1,500,000
Annual real property tax of P30,000. b. P1,000,000 d. P2,500,000
The lease contract provides, among others that the lessee 15. Based on the preceding number, suppose the direct labor
will construct a 5-storey building for parking purposes at a wage is only P10,000,000, the additional deduction that can
cost of P9,500,000. Ownership of the building shall belong be allowed is:
to the lessor upon the expiration or termination of the lease a. P3,000,000 c. P1,500,000
contract. b. P1,000,000 d. P2,500,000
11. JAO Corporation is engaged in the sale of goods and services 17. Using the data in number 19 except JBC Corporation is
with net sales/net revenue of P3,000,000 and P2,000,000 subject to 20% RCIT?
respectively. The actual entertainment, amusement and c. P43,600 c. P54,000
recreational (EAR) expense for the taxable year totaled d. P48,800 d. P70,000
P30,000.
18. This is a deductible interest expense
How much is the deductible EAR expense? a. Interest paid on indebtedness between related
a. P30,000 c. P25,000 taxpayers
b. P27,000 d. nil b. Interest paid on preferred stock
c. Interest paid when there is no stipulation for the
12. Which of the following can be deducted from gross income payment thereof
in the year paid or incurred? d. Interest on deposits paid by authorized banks of the
a. Repairs that materially add to the value of the property BSP to depositors, if it is shown that the tax on such
b. Repair that appreciably prolong the life of the property interest was withheld and paid
c. Repair that keeps the property in its ordinarily efficient
operating condition 19. Which of the following items may be allowed as deduction
d. All of the choices from gross income?
a. Interest paid on tax delinquency
13. Which of the following expenses is not deductible from b. Fines and penalties for late payment of taxes
gross income? c. Interest paid on indebtedness incurred to finance
a. Salaries and wages of employees. petroleum exploration
b. Entertainment, amusement and recreation expenses. d. Interest on unpaid salaries and bonuses
c. Rental expenses.
d. Bribes, kickbacks and other similar payments. 20. How shall interest related to acquisition of property used in
trade, business or profession be treated?
14. MOC Corporation, a domestic manufacturing corporation, a. Claim as outright expense
had gross sales of P100,000,000 for Fiscal Year ending June b. Capitalize
30, 2021 and incurred cost of sales of P60,000,000 and c. At the option of the taxpayer, may be claimed as
operating expenses of P17,500,000, with the following outright expense or capitalize
details: d. At the option of the government, may be claimed as
Cost of Sales outright expense or capitalize
Direct Materials P 30,000,000
Direct Labor 20,000,000 21. On January 1, 2019 MJ Corporation contracted a 1-year
Manufacturing Overhead 10,000,000 P100,000 loan from Metrobank for the purchase of
Total P 60,000,000 computers. The equipment which had a depreciable life of
Operating Expenses eight (8) years were acquired on April 1, 2019. The interest
Salaries and Wages 7,000,000 expense for the year 2019 amounted P15,000.
Taxes 300,000
Depreciation 3,500,000 In the same year, his bank deposit with PNB earned an
Professional Fees 200,000 interest income of P2,000. During the year, he incurred an
interest expense on unpaid business tax of P600.
Advertising Expenses 3,000,000
Training Expenses 3,000,000
The deductible interest expense of MJ Corporation in 2019
Office Supplies 500,000
assuming it did not capitalize the interest is –
Total P 17,500,000 a. P14,240 c. P14,760
b. P13,600 d. P14,940
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TAXATION | TAX.404—ALLOWABLE DEDUCTIONS UNIVERSITY OF ST. LASALLE
22. Based on the preceding number, if interest expense was 30. Which of the following taxes incurred in the conduct of
capitalized, how much was the total allowable deduction? business is not allowed as deduction from business income?
a. P11,381 c. P10,721 a. Foreign income tax claimed as tax credit
b. P10,781 d. P600 b. Documentary stamp tax
c. Import duties
23. Mrs. Sarabia is using cash basis of accounting. She borrowed d. Local business tax
money from the bank in 2018 payable after 2 years in lump
sum. The proceeds given to her was already net of P100,000 Losses
interest. When can she claim as deduction the said interest?
a. In 2018 31. Which of the following items of expenses require that notice
b. In 2019 be filed with the BIR to be allowed as deduction from gross
c. In 2020 income?
d. Spread over the term of the loan a. Taxes c. Losses
b. Interest d. Salaries
24. The following interest are non-deductible, except?
a. Interest paid to persons classified as related taxpayers 32. The net operating loss of the business or enterprise for any
under Section 36 (B) of RA 8424 taxable year immediately preceding the current taxable
b. Interest related to indebtedness incurred to finance year, which had not been previously offset as deduction
petroleum exploration from gross income shall:
c. Interest on preferred stock a. Be carried over as a deduction from gross income for
d. Interest related to indebtedness incurred to finance the next 3 consecutive taxable years immediately
working capital requirements following the year of such loss.
b. Be carried over as a deduction from gross income for
Taxes the next 5 consecutive taxable years immediately
following the year of such loss.
25. Which of the following is not a requisite for taxes to be c. Not be carried over as a deduction from gross income
deductible? in any of the succeeding years.
a. Must have been paid or incurred within the taxable d. Be carried over as a deduction from gross income in any
year. of the succeeding years until it is fully offset.
b. Deductible only by the person/s upon whom the tax is
imposed by law. 33. Based on the preceding number, suppose the loss was
c. Must be in connection with the taxpayer's profession, sustained in 2020 or 2021, the NOLCO shall be carried over
trade, or business. as deduction from gross income for how long?
d. Must be imposed by the national government. a. 3 years
b. 5 years
26. Which of the following is non-deductible? c. 10 years
a. Percentage tax on common carriers by land d. Not allowed
b. Franchise tax
c. Overseas communications tax 34. Continuing number 32, suppose the loss happened in the
d. Stock transaction tax year when the taxpayer is enjoying Income Tax Holiday
(ITH), the NOLCO shall be carried over as deduction from
27. Mapanlinlang Corporation was assessed by the BIR due to gross income for how long?
underpayment of Percentage Taxes. The Assessment Notice a. 3 years
disclosed the following: b. 5 years
Basic Tax P 1,000,000 c. 10 years
Surcharge 250,000 d. Not allowed
Interest 200,000
Penalties 25,000 35. Enrica Tabang owns 50% of Enrico Corporation (EC).
Total P 1,475,000 Enrica sold a property valued at P1,000,000 to EC for
P800,000. Is the loss deductible?
It also generated interest income from bank deposits a. Yes, because Enrica and EC are not considered related
amounting to P100,000. How much is the deductible parties.
interest? b. No, because Enrica and EC are considered related
a. P200,000 c. P167,000 parties.
b. P162,000 d. nil c. Yes, because the sale results from sale of property.
d. No, because the amount of loss cannot be identified
28. Based on the above problem, how much is the deductible with certainty.
taxes?
a. P1,275,000 c. P1,250,000 36. During 2018, Enrico created a trust in favor of his friend
b. P1,000,000 d. nil Apol. He appointed Atty. Ong as the trustee. A month later,
Leomar created a trust in favor of his affectionate friend,
29. Based on the data in Number 33, but the tax underpaid is Drei. Leomar appointed John as the trustee. Later during
donor’s tax, how much is the deductible interest and tax? the year, Atty. Ong sold a property to John at a price which
a. P200,000 and P1,000,000, respectively is substantially lower than the property’s current market
b. P200,000 and zero, respectively value. Can Atty. Ong deduct the loss as a result of the sale?
c. Zero and P1,000,000, respectively a. No, because both Atty. Ong and John were fiduciaries of
d. Zero for both items trusts.
b. Yes, because Atty. Ong and John are fiduciaries of
different grantors.
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c. No, because Atty. Ong does not have a capital gain. 44. Emang acquired a property for use in her business. After a
d. Yes, because losses as a rule are deductible devastating typhoon, the machinery suffered partial
damage. The following were made available:
37. Based on the preceding number, suppose both trusts were Cost P500,000
created by Enrico, can Atty. Ong deduct the loss as a result Accumulated depreciation 300,000
of the sale? Restoration cost 250,000
a. Yes, since losses are always deductible Estimated useful life 5 years
b. No, since Atty. Ong and John are considered related
parties How much is the deductible loss?
c. Yes, since Atty. Ong and John are not related parties a. P0 c. P250,000
d. None of the choices b. P200,000 d. P100,000
38. Which of the following losses is not deductible? 45. One of the following losses cannot be deducted from gross
a. Abandonment losses in petroleum operation. income.
b. Excess of expenses over gross income from sale of a. To construct a bigger warehouse, a corporation
ordinary assets. demolished an old warehouse which had a construction
c. Losses on wash sales of stocks. cost of P3,000,000 and a book value of P500.000.
d. Losses on sale of investments. b. Demolition of a building existing on a land purchased
where the corporation has no use for the building at the
39. Which of the following taxpayers may be allowed to claim time of purchase and it was its intention to remove the
losses from wash sales as deduction? building in order to build its factory.
a. Dealer in Real Properties c. A corporation retired its machinery from the business
b. Dealer in personal properties because of the increase in the cost of production and
c. Dealer in securities the failure of the machinery to meet the desired
d. Investor in shares of stocks number of units of production.
d. A corporation ascertained that its B Corp. stocks are
40. ABC, whose taxable year is the calendar year, provided the worthless because of the total insolvency of B Corp.
following acquisitions and disposals of its investments in
shares of stocks: 46. Dong, a gambling addict, won P90,000 from cockfighting
September 21, 2019, purchased 100 shares of the during the year. However, he also suffered losses from other
common stock of XYZ Company for P50,000. gambling activities amounting to P200,000. How much is
December 21, 2019, purchased 50 shares of the deductible loss?
substantially identical stock for P27,500, and on a. P200,000 c. P90,000
December 26, 2019, 25 additional shares of such stock b. P110,000 d. nil
for P11,250.
January 2, 2020, it sold for P40,000 the 100 shares 47. SNJ Inc. purchased shares of stock of P Corp. for P60,000
purchased on September 21, 2018. and of Boba Co. for P30,000. At the end of the taxable year,
it was ascertained that its P Corp. stock was worthless
How much is the indicated loss? because of the complete insolvency of the corporation, and
a. P10,000 c. P2,500 its Boba Co. shares value had declined to P28,000.
b. P7,500 d. P0
How much is the deductible loss of SNJ Inc.?
41. How much is the deductible loss? a. P90,000 c. P60,000
a. P10,000 c. P2,500 b. P62,000 d. nil
b. P7,500 d. P0
Bad debts
42. Sira Sira Company had an old warehouse which had a cost
of P1,200,000. The company demolished the warehouse 48. When shall bad debts be allowed as deduction from gross
when it had a book value of P200,000 in order to construct income?
a new and bigger warehouse. The demolition cost a. Upon setting up of allowance for doubtful accounts
amounted to P25,000 while the scraps were sold for b. Upon write-off in the books
P10,000. How much is the deductible loss in arriving at c. At the option of the taxpayer, upon setting up of
taxable income? allowance or upon write-off
a. None c. P200,000 d. At the option of the government, upon setting-up of
b. P185,000 d. P215,000 allowance or upon write-off
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