Chapter I - Income Taxes

CHAPTER I INCOME TAXES1

A. INDIVIDUAL INCOME TAX 1. Persons subject to the individual income tax For income tax purposes, individual taxpayers are classified into: a. Citizen (1) Resident citizen - is a citizen of the Philippines who has a permanent home or place of abode in the Philippines to which he/she intends to return whenever he/she is absent for business or pleasure. (2) Nonresident citizen - is a citizen of the Philippines who establishes the fact of his/her physical presence abroad with the definite intention to reside therein and shall include any Filipino who leaves the country as immigrant (one who leaves the Philippines to reside abroad as an immigrant for which a foreign visa as such has been secured), permanent employee ( one who leaves the Philippines to reside abroad permanently for regular employment), and contract worker (one who leaves the Philippines on account of a contract of employment which is renewed from time to time during the taxable year as to require physical presence abroad for an aggregate period of one hundred eighty (180) days or more during such taxable year).2

b.

Alien (1) Resident alien - is an individual who is not a citizen of the Philippines but whose residence is within the Philippines.3 (2) Nonresident alien - is an individual who is not a citizen of the Philippines and whose residence is not within the Philippines.4

1 2 3 4

Title II of the National Internal Revenue Code (NIRC) of 1997, as amended. Sec. 22(E), supra. Sec. 22(F), supra. Sec. 22(G), supra.

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A nonresident alien is deemed engaged in trade or business in the Philippines if he/she has stayed in the Philippines for an aggregate period of more than 180 days during any calendar year.5 2. Income subject to tax The incomes of individuals are grouped into different categories, to wit: a. Compensation income, consists of income arising from employer-employee relationship such as salaries, wages, emoluments and honoraria, commissions, taxable bonuses and fringe benefits, taxable allowances (such as transportation, representation, entertainment, and the like)6, non-monetary compensation, director’s fees and the like, taxable pensions and retirement pay, amounts drawn as salaries by partners of a partnership and other incomes of a similar nature unless specifically exempted by the Tax Code. [refer to item A (4) on page 4] b. Business income and income from profession, consists of business and/or trade income, fees from the exercise of profession, gains from sale or exchange of assets, commissions, rental income, and other incomes not covered by compensation income. c. Passive income and other sources of income7, consist of interest from foreign and Philippine currency bank deposits (including yields and other monetary benefits from deposit substitutes and trust fund and similar arrangements), royalties, prizes and other winnings, and dividends. The other sources of income include capital gains from sales of shares of stock, sales of real property8, informer’s rewards, etc.

5 6

Sec. 25(A)(1), supra.

Representation and Transportation Allowances (RATA) granted to government officials and employees under the General Appropriations Act are deemed as reimbursement for expenses incurred in the performance of the duties of the recipient -government officials and employees and thus are not considered as additional compensation taxable under the regular individual income tax and subject to withholding tax. (BIR Ruling No. 062-91).
7 8

Sec. 24(B) (1) of the NIRC. Sec. 24 (C) and (D), supra.

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3. Determination of Taxable Income a. Citizen (1) Resident citizen - on incomes derived from sources within and without the Philippines, as follows: (a) On compensation income - on modified gross income basis i.e., gross compensation income less deductions and/or personal and additional exemptions;9 (b) On income from profession, business and/or trade - on net income basis i.e., gross income from profession, business and/or trade less the itemized deductions or optional standard deduction equivalent to 40% of gross sales or gross receipts and personal exemption, and if applicable, additional exemption allowance/s; (c) On passive income - on the gross amount thereof. (2) Nonresident citizen - taxed similarly as a resident citizen on incomes from sources within the Philippines.

b. Alien (1) Resident alien - taxed similarly as a resident citizen on incomes received from sources within the Philippines. (2) Nonresident alien: (a) engaged in trade or business in the Philippines - taxed similarly as a resident citizen on incomes from sources within the Philippines. (b) not engaged in trade or business in the Philippines gross income from all sources within the Philippines. taxed on

(c) employed by regional or area headquarters and regional operating headquarters of multinational corporations, offshore banking units, or
Except Filipinos employed and occupying the same position like those aliens employed by regional or area headquarters and regional operating headquarters of multinational corporations, offshore banking units, and petroleum service contractor and sub-contractor who are taxed at 15% on their gross income received therefrom. In the case however, of Filipinos employed by regional or area headquarters and regional headquarters of multinational corporations governed by EO 226 as amended by RA 8756, they have the option to be taxed at 15% on gross or regular tax rate. In case of the latter, they are allowed to claim deductions and/or personal additional exemptions in order to arrive at their taxable income.
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service contractors or subcontractors engaged in petroleum operations in the Philippines - taxed on gross income derived from such employment.

4. Exclusions from Gross Income The following are not included in the computation of the gross income of taxpayers:10 a. Proceeds of life insurance policies but not the interest paid to the heirs or beneficiaries; b. Amount received by the insured as return of premium;

c. Value of property acquired by gratuitous transfer but not the income from such property; d. Compensation for injuries or sickness including damages received; e. Income exempt under treaty; f. Retirement benefits, pensions, gratuities, etc. under certain conditions; g. Income derived by foreign governments, financing institutions owned, controlled or enjoying financing from foreign governments, and international or regional financing institutions established by foreign governments, from their investments in loans, stocks, bonds or other domestic securities or from interest on their deposits in banks in the Philippines; h. Income derived from any public utility or from the exercise of any essential government function accruing to the Philippine government or to any political subdivision; i. Prizes and awards made primarily in recognition of religious, charitable, scientific, educational, artistic, literary, or civic achievement but only if the recipient was selected without any action on his part to enter the contest or proceeding, and is not required to render substantial future services as a condition to receiving the prize or award.

10

Sec. 32(B) of the NIRC.

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Table 1. TAX TREATMENT OF INCOME SOURCES OF INDIVIDUAL TAXPAYERS Citizen Sources of Income Subject to Tax Resident
Within Without the Philippines

Alien Nonresident Resident
Within Without the Philippines

Nonresident
Within Without the Philippines

Engaged in business
Within Without the Philippines

Not engaged
Within Without the Philippines

1. Compensation income 2. Business/ Professional Income 3. Passive Income a. Royalties b. Prizes and other taxable winnings c. Interest income from Philippine currency bank deposits and yield or any other monetary benefit from deposit substitutes and from trust funds and similar arrangements d. Interest income from long-term deposit instruments preterminated before the fifth (5th) year e. Interest income from foreign currency bank deposits f. Cash and/or property dividends 4. Other Sources of Income Legend: Y- yes / N- No

Y Y

Y Y

Y Y

N N

Y Y

N N

Y Y

N N

Y -

N N

Y Y Y

Y Y Y

Y Y Y

N N N

Y Y Y

N N N

Y Y Y

N N N

Y Y Y

N N N

Y

Y

Y

N

Y

N

Y

N

Y

N

Y

Y

N

N

Y

N

N

N

N

N

Y Y

Y Y

Y Y

N N

Y Y

N N

Y Y

N N

Y Y

N N

j. Prizes and awards granted to athletes in local and international sports competitions and tournaments held in the Philippines or abroad and sanctioned by their respective national sports associations. k. 13th month pay mandated by Republic Act No. 6686 and Presidential Decree No. 851, as amended and other benefits not covered by PD 851 and benefits such as productivity incentives and Christmas bonus which should not exceed P 30,000.00. l. GSIS, SSS, Medicare and Pag-IBIG contributions, and union dues of individuals. m. Gains realized from the sale or exchange or retirement of bonds, debentures or other certificate of indebtedness, with a maturity of more than five (5) years.

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n. Gains realized by the investor upon redemption of the shares of stocks in a mutual fund company.

5. Deductions from Gross Income a. Citizen (1) Resident Citizen (a) Compensation Income Only premium payments on health and/or hospitalization are deductible from gross compensation income. [refer to item A (5)(b)(13) on page 14] (b) Business and/or Professional Income The following payments incurred in connection with the taxpayer’s profession, trade or business are deductible from gross income:11 (1) Ordinary and necessary trade, business or professional expenses paid or incurred during the taxable year (such as salaries, wages, grossed-up monetary value of fringe benefits granted to employees, travel, rental, entertainment, amusement and recreation). (2) Interest12 Interest paid or incurred within the taxable year on indebtedness in connection with the taxpayer’s profession, trade or business which shall be reduced by 33% of the grossed-up value of the interest income subjected to final tax. (3) Taxes Taxes paid or incurred within the taxable year in connection with the taxpayer’s profession, trade or business,
11 12

Sec. 34, supra.

At the option of the taxpayer, interest incurred to acquire property used in trade or business or exercise of a profession may be allowed as a deduction or treated as capital expenditure [Sec. 34(B)(3), supra.]

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except the income tax imposed under the Code, foreign income tax paid by a taxpayer who did not signify in his/her return his/her desire to have any refund or credit, estate and donor’s taxes, and taxes assessed against local benefits of a kind tending to increase the value of the property assessed. (4)


Losses Losses actually sustained by the taxpayer in connection with the taxpayer’s trade, profession, or business which are charged off within the taxable year and not compensated for by insurance or other forms of indemnity Losses from sale or exchanges of capital assets are deductible only to the extent of the gains from such sales or exchanges. Losses from wash sales of stock or securities are allowed when the claim is made by a dealer in stock or securities, and with respect to a transaction made in the ordinary course of business of such dealer under certain conditions. Losses from wagering transactions are deductible to the extent of the gains from such transactions. Net Operating Loss Carry-over








(5)

The amount of net operating loss sustained by an individual taxpayer engaged in business or practice of profession who does not enjoy an income tax exemption under the Tax Code or special laws at the time such loss was incurred is allowed to be carried over as a deduction from gross income for three (3) consecutive taxable years immediately following the year of the loss. In the case of businesses or enterprises engaged in mining operations other than oil and gas wells which are not enjoying the benefit of incentives granted under EO No. 226, as amended, the net operating loss incurred in the first ten (10) years of the operation of their business may be carried over as deduction from taxable income for five (5) years immediately following the year of the loss.



(6) Bad Debts


Bad debts actually ascertained to be worthless and charged off during the taxable year.

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

Bad debts arising from loss on securities held as capital assets which are ascertained to be worthless and charged off within the taxable year by a taxpayer, except domestic banks or trust companies the substantial part of whose business is the receipt of deposits.

(7) Depreciation


A reasonable allowance for the exhaustion, wear and tear (including reasonable allowance for obsolescence) of property used in trade or business computed using the straight-line method, declining-balance method or sum-ofthe-years-digit method. An allowance for depreciation of properties directly related to production of petroleum initially placed in service in a taxable year using the straight-line or declining-balance method of depreciation, at the option of the taxpayer. The useful life of properties used in or related to the production of petroleum shall be ten (10) years or such shorter life as may be permitted by the Commissioner, and five (5) years for those properties not used directly in the production of petroleum. An allowance for depreciation in respect of all properties used in mining operations which shall be computed at the normal rate of depreciation if the expected life is ten (10) years or less, or depreciated over any number of years between five (5) years and the expected life if the latter is more than ten (10) years, and the depreciation thereon allowed as deduction from taxable income.





(8) Depletion of Oil and Gas Wells and Mines


A reasonable allowance for the extraction of mineral deposits of the oil and gas wells or mines computed using the costdepletion method which, however, should not exceed the amount of capital invested therein. After commencement of production in commercial quantities, the amount of intangible exploration and development drilling costs incurred by a taxpayer in petroleum and mining operations for non-producing wells and/or mines shall be deductible in full in the year paid or incurred. On the other hand, the same costs incurred for

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producing wells and/or mines in the same contract area are allowed to be deducted in full in the year paid or incurred or capitalized and amortized, at the option of the taxpayer.


At the option of the taxpayer, the exploration and development expenditures accumulated as cost or adjusted basis for cost depletion as of the date of prospecting, as well as exploration and development expenditures paid or incurred during the taxable year may be deducted in an amount not to exceed twenty-five percent (25%) of the net income from mining operations computed without the benefit of any tax incentives under existing laws. The actual exploration and development expenditures minus twentyfive percent (25%) of the net income from mining is allowed to be carried forward to the succeeding years until fully deducted.

(9) Charitable and Other Contributions Charitable contributions actually paid or made within the taxable year to or for the use of the government of the Philippines or any of its agencies or any political subdivision thereof for exclusive public purposes, or to accredited domestic corporations or associations organized and operated exclusively for religious, charitable, scientific, youth and sports development, cultural or educational purposes or for the rehabilitation of veterans or to social welfare institutions, or to nongovernment organizations, no part of the net income of which inures to the benefit of any private stockholder or individual in an amount not in excess of ten percent (10%) of the taxpayer’s taxable income as computed without the benefit of said deduction. However, donations made to the Government of the Philippines or to any of its agencies or political subdivisions, including fully-owned government corporations, exclusively to finance priority activities in education, health, youth and sports development, human settlements, science and culture, and in economic development according to a national priority plan shall be deductible in full. Also deductible in full are donations made to certain private entities which qualify as doneeinstitutions as provided for under the Tax Code.

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(10)

Research and Development

Amount of research and development expenditures paid or incurred during the taxable year in connection with the taxpayer’s trade, business or profession which are not chargeable to capital account. At the option of the taxpayer, the same expenditures may be treated as a deferred expense if the expenditure is not ordinary and necessary current expense and chargeable to capital account but not chargeable to property of a character which is subject to depreciation or depletion. (11) Pension Trusts

Amount transferred or paid by an employer establishing or maintaining a pension trust, but only if such amount has not been allowed as a deduction and is apportioned in equal parts over a period of ten (10) consecutive years beginning with the year in which the transfer or payment is made. (12) An optional standard deduction equal to 40% of the gross sales or gross receipts of resident individual taxpayers engaged in business or practice of profession in lieu of the foregoing deductions. (13) Premium Payments on Health and/or Hospitalization Insurance The amount of premiums not to exceed P2,400 or P200 a month paid during the taxable year for health and/ or hospitalization insurance taken by the taxpayer for himself/herself, including his/her family provided that the taxpayer availing of said deduction has a family income of not more than P250,000 for the taxable year and is the one claiming the additional exemptions for dependents. (14) Free Legal Services13

A lawyer or professional partnership rendering actual free legal services, as defined by the Supreme Court, shall be entitled to an allowable deduction from the gross income, the amount that could have been collected for the actual free legal services rendered or up to ten percent (10%) of the gross income derived from the actual performance of the legal profession, whichever is lower: Provided, That the actual free legal
Per Section 5 of Republic Act No. 9999, otherwise known as the “Free Legal Assistance Act of 2010,” approved on February 23, 2010.
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services herein contemplated shall be exclusive of the minimum sixty (60)-hour mandatory legal aid services rendered to indigent litigants as required under the Rule on Mandatory Legal Aid Services for Practicing Lawyers, under BAR Matter No. 2012, issued by the Supreme Court. (15) Passive Income No deductions are allowed.

(2) Nonresident Citizen Same deductions as allowed to resident citizens.

b. Alien (1) Resident alien Same deductions as allowed to resident citizens. (2) (a) Nonresident Alien Engaged in trade or business in the Philippines Nonresident aliens engaged in trade or business in the Philippines are entitled to the same deductions allowed to resident citizens and subject to the same conditions and limitations, except on the following items of deductions:  Taxes - the deductions for taxes shall be allowed only if and to the extent that they are connected with income from sources within the Philippines. Losses - losses deductible shall be those actually sustained during the year incurred in business, trade or exercise of a profession conducted within the Philippines and not compensated for by insurance or other forms of indemnity. Depreciation - a reasonable allowance for the deterioration of property arising out of its use or employment or its non-use in the business, trade or profession on properties located in the Philippines.





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

Depletion of oil and gas wells and mines - the allowance for depletion of oil and gas wells or mines is authorized only with respect to oil and gas wells or mines located within the Philippines.

(b) Not engaged in trade or business in the Philippines - no deductions are allowed. (c) Employed by regional or area headquarters and regional operating headquarters of multinational corporations, offshore banking units, or service contractors or subcontractors engaged in petroleum operations in the Philippines - no deductions are allowed

6. Items not Deductible from Gross Income14 The following items are not allowed to be deducted from the gross income of taxpayers: a. Personal , living, or family expenses; b. Amounts paid out for new buildings or for permanent improvements, or betterments made which tend to increase the value of any property or estate; c. Amounts spent for restoring property or in making good the exhaustion thereof for which an allowance is or has been made; d. Premiums paid on any life insurance policy covering the life of any officer or employee, or of any person financially interested in any trade or business carried on by the taxpayer, where the taxpayer is directly or indirectly a beneficiary under such policy; and e. Losses from sales or exchanges of property under certain conditions. 7. Personal Exemptions Personal and additional exemptions are allowed to be deducted from gross compensation income and net income arising from business or profession of the taxpayer. In case of individuals who derive compensation and other incomes, the amount of personal and additional exemptions shall be deducted first from compensation income. Any excess thereof shall be deducted from other incomes.

14

Sec.36, supra.

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a.

Citizen (1) Resident and Nonresident (a) Personal Exemption15 P 50,000 (b) for each individual taxpayer

Additional Exemption for Dependents16 P 25,000 for each legitimate, illegitimate or legally adopted child provided that the number of dependents for whom additional exemption may be claimed should not exceed four (4).

b. Alien (1) Resident Resident alien individuals are entitled to the same personal and additional exemptions allowed to resident citizens and subject to the same conditions and limitations. (2) Nonresident (a) Engaged in trade or business in the Philippines - shall be entitled to personal exemption in an amount equal to the exemptions allowed by the income tax law of the country of which he/she is a subject or citizen but not to exceed the amount fixed in the NIRC as exemption for citizens or residents of the Philippines. (b) Not engaged in trade or business in the Philippines - no personal and additional exemptions allowed.

Sec. 35(A), supra. Pursuant to Sec. 4 of RA 9504 (An Act Amending Sections 22, 24, 34, 35, 51, and 79 of Republic Act No. 8424, as Amended, Otherwise Known as the National Internal Revenue Code of 1997), individual taxpayers, regardless of status are given a uniform amount of personal exemption allowance. Sec. 35(B) of the NIRC provides that in case of married individuals, additional exemption for dependents shall be claimed by only one of the spouses. In the case of legally separated spouses, additional exemptions shall be claimed only by the spouse who has custody of the child or children.
16

15

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8. Tax Rates a. Compensation / Business Income (1) Citizen (a) Resident17 - on taxable compensation and business income (i.e., gross compensation and/or business income less deductions and personal and additional exemptions) received from all sources within and without the Philippines, the following tax schedule18 shall apply: Over But Not Over P10,000 P10,000 30,000 5% P 500 + 10% of the excess over P10,000 2,250 + 15% of the excess over P30,000 8,500 + 20% of the excess over P70,000 22,500 + 25% of the excess over P140,000 50,000 + 30% of the excess over P250,000 125,000 + 32% of the excess over P500,000 Tax Due

30,000

70,000

70,000

140,000

140,000

250,000

250,000

500,000

500,000

Sec. 24(A), supra. Pursuant to Sec. 2 of RA 9504, minimum wage earners are exempt from the payment of income tax on their taxable income including their holiday pay, overtime pay, night shift differential pay and hazard pay. Minimum wage earners as defined under Sec. 22(HH) of the NIRC refer to workers in the private sector paid the statutory minimum wage, or to an employee in the public sector with compensation income of not more than the statutory minimum wage in the non-agricultural sector where he/she is assigned.
18

17

Sec. 24(A), supra.

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(b) Nonresident19 On taxable compensation and business income received from all sources within the Philippines - same rates as for resident citizens. (c) Filipinos employed and occupying the same position as those aliens employed by regional or area headquarters and regional operating headquarters20, offshore banking units, petroleum service contractors and sub-contractors - same as the rate for resident citizens or 15% of gross compensation income received therefrom.21 (2) Alien (a) Resident - on taxable compensation and business income received from all sources within the Philippines, same rates as for resident citizens. (b) Nonresident 22  Engaged in trade or business in the Philippines - on taxable compensation and business income received from all sources within the Philippines, same rates as for resident citizens. Not engaged in trade or business in the Philippines23 - 25% on the gross amount of compensations, remunerations, salaries or emoluments received from sources within the Philippines



19 20

Sec. 24(A)(1)(c), supra.

Filipinos employed and occupying the same position like those aliens employed by regional or area headquarters and regional operating headquarters of multinational corporations governed by EO 226 as amended by RA 8756 have the option to be taxed either at 15% on gross income or 5%-32% regular tax rate on modified gross income. This option was given to said taxpayers by virtue of RA 8756 (November 23, 1999)
21 22 23

Sec. 25(C),(D),(E), of the NIRC and RR No. 12-2001. Sec. 25(A), of the NIRC. Sec. 25(B), supra.

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(c) Alien24 employed by  Regional or area headquarters and regional operating headquarters of multinational corporations - 15% of gross compensation received therefrom. Offshore banking units - 15% of gross compensation income received therefrom. Petroleum service contractors and subcontractors - 15% final tax on gross compensation income received therefrom. Any income earned from other sources within the Philippines by these alien employees shall be subject to the pertinent income tax imposed under the Tax Code.

 

TABLE 2. SUMMARY OF TAX BASE AND TAX RATES ON COMPENSATION AND BUSINESS INCOME OF INDIVIDUAL TAXPAYERS Taxpayers A. Citizen 1. Resident Citizen Taxable Compensation Income (TCI) and or Taxable Business Income (TBI) 5% - 32% Tax Base Tax Rates

Resident Citizen Employed By: a. Regional or Area Headquarters and Regional Operating Headquarters of Multinational Corp. b. Offshore Banking Units c. Petroleum Service Contractor and Subcontractor Taxable Gross Compensation Income (TGCI) 15% or 5% - 32%

TGCI TGCI

15% 15%

24

Sec. 25(C),(D),(E), supra.

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2. Nonresident Citizen

TCI/TBI

5% - 32%

B. Alien 1. Resident Alien 2. Nonresident Alien a. Engaged in Trade or Business in the Philippines TCI/TBI b. Not engaged in Trade or Business in the Philippines Taxable Gross Income (TGI) c. Alien employed by: (1) Regional or Area Headquarters and Regional Operating Headquarters of Multinational Corp. (2) Offshore Banking Units (3) Petroleum Service Contractor and Subcontractor TGCI TGCI 15% 15% 25% 5% - 32% TCI/TBI 5% - 32%

TGCI

15%

b. Passive Income (1) Citizens25 (a) Residents - on the following items of income:


Royalties - (except royalties on books, literary works and musical compositions which shall be subject to 10% final tax) - 20% final withholding tax on gross amount.

25

Sec. 24(B), supra.

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

Prizes (exceeding P10,000)26 and other taxable winnings (except PCSO and Lotto Winnings) - 20% final withholding tax on the gross amount. Interest income from Philippine currency bank deposits and yield or any other monetary benefit from deposit substitutes and from trust funds and similar arrangements (except interest income from long-term deposits or investments evidenced by certificates prescribed by the BSP) - 20% final income tax on the gross amount. Interest income from long-term deposits or investments in the form of savings, common or individual trust funds, deposit substitutes, investment management accounts and other investments evidenced by certificates in such forms prescribed by the BSP which are preterminated by the holder before the fifth (5th) year based on the holding period at the following rates: Four (4) years to less than five (5) years Three (3) years to less than four (4) years Less than three (3) years 5% 12% 20%







Interest income from foreign currency bank deposits – 7 1/2% final tax on the gross amount. Cash and/or property dividends actually or constructively received and share of an individual partner in the net profits of a taxable partnership - 10%.



(b) Nonresidents - same treatment as with resident citizens except on interest income from foreign currency bank deposits which is exempt from tax.

(2) Aliens (a) Residents - on passive incomes received from sources within the Philippines, same treatment as with resident citizens. (b) Nonresidents

Prizes amounting to P10,000 or less are lumped with other business income (if there is any) subject to the regular individual income tax.

26

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

Engaged in trade or business in the Philippines - same treatment as with resident citizens except on interest income from foreign currency bank deposits and long-term deposits and investments evidenced by certificates prescribed by the BSP which is exempt from tax, and cash and/or property dividends which are subject to 20% final tax.27 Not engaged in trade or business in the Philippines - amounts received as interests, cash and/or property dividends, rents, salaries, wages, premiums, annuities compensation, remuneration, emoluments, and other fixed or determinable annual or periodic or casual gains, profits and income, and capital gains (except capital gains from sale of shares of stock in any domestic corporation and real property which are taxed in similar manner like resident citizens) are subject to a tax of 25% of such amounts.28



c. Capital Gains29 These are gains arising from the sale or exchange of capital assets. The NIRC defines “capital assets”30 as property held by the taxpayer (whether or not connected with his trade or business) but not including the following: (1) stock in trade of the taxpayer; or (2) property of a kind which would properly be included in the inventory of the taxpayer if on hand at the close of the taxable year; or (3) property held by the taxpayer primarily for sale to customers in the ordinary course of his trade or business; or (4) property used in trade or business of a character which is subject to the allowance for depreciation; (5) real property used in trade or business of the taxpayer.

27 28 29 30

Sec. 25 (A)(2), of the NIRC. Sec. 25(B), supra. Sec. 24(C), supra. Sec. 39(A)(1), supra.

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As a general rule, capital gains are subject to the same rate schedule imposed on compensation and business income, except those arising from the following: (1) sale or disposition of real property by citizens of the Philippines or resident alien individuals (except those involving the sale or disposition of their principal residence which is exempt from capital gains tax under certain conditions) - 6% final tax on gross selling price or fair market value whichever is higher.31 sale or exchange of shares of stock not listed or traded in any local stock exchange which shall be taxed on the net capital gains, as follows: 32 Not over P100,000 On any amount in excess of P100,000 d. Informer’s Reward33 A final tax of ten percent (10%) is imposed on the cash reward received by persons instrumental in the discovery of violations of the NIRC and in the discovery and seizure of smuggled goods. The amount of reward is equivalent to 10% of the revenues, surcharges or fees recovered and/or fine or penalty imposed and collected or P1,000,000 per case whichever is lower34. e. Withholding of Tax at Source The withholding tax is a mechanism designed to facilitate the collection of taxes from taxpayers. The withholding tax may be creditable or final. If creditable, the amount of tax withheld is allowed to be credited against the taxpayer’s final tax liability and adjusted accordingly. If final, no such tax credit and adjustments are to be made by the taxpayers. Subject to withholding tax are the following individual incomes at the following rates: 5% 10%

(2)

Sec. 24(D)(1), supra. In the case, however, of sale or disposition of real property by a citizen or resident alien to the government or any of its political subdivisions or agencies or to GOCCs, the taxpayer has the option to be taxed under the regular individual income tax or 6% final tax.
32

31

Sec. 24(C), supra.

33 34

Sec. 282, supra. Sec. 282, supra.

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Table 3. SUMMARY OF WITHHOLDING TAX RATES FOR INDIVIDUALS35 Non-resident Aliens Engaged in Trade or Business 20% final 20% final 10% final Non-resident Aliens Not Engaged in Trade or Business 25% final 25% final 25% final

Type of Income

Resident Citizen or Alien Individuals

Dividends from a domestic corporation Royalties (In general) Royalties on books, other literary works and musical compositions Share in the distributable net income after tax of a partnership Interest on Philippine currency bank deposits and deposit substitutes Interest income on long-term deposits pre-terminated before the fifth year Holding period - 4 years to less than 5 years - 3 years to less than 4 years - less than 3 years Interest on foreign currency bank deposits Prizes exceeding P10,000 & winnings (except Sweepstakes and Lotto Winnings)

10% final 20% final 10% final

---

20% final

25% final

20% final

20% final

25% final

5% final 12% final 20% final

5% final 12% final 20% final

------Exempt

7.5% final

Exempt

20% final

20% final

25% final

35

The withholding tax rates are those provided under RR No. 2-98, as amended.

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Gains from sale of shares of stock

5% - 10%final

5% - 10%final

25% final

Gains from sale of real property classified as capital asset Informer’s reward Other fixed or determinable gains, profit and income Income derived from contracts from Service Contractors engaged in petroleum operations

6% final

6% final

6% final

10% final ---

-----

--25% final

8% final

8% final

---

Disposition of real property classified as capital asset to the government or any of its political subdivisions

6% final or 5%32%

6% final

6% final

Gross income by nonresident cinematographic film owners, lessors or distributors

---

25% final

---

Professional fees, talent fees of the following individuals: a. lawyers; certified public accountants; doctors of medicine; architects; civil, electrical, chemical, mechanical, structural, industrial, mining, sanitary, metallurgical and geodetic engineers; marine surveyors; doctors of veterinary science;

15% creditable if the gross income for the current year exceeds P720,000; and 10% if otherwise

---

---

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dentist; professional appraisers; connoisseurs of tobacco; actuaries; and interior decorators, designers and all other profession requiring government licensure examinations and/or regulated by the Professional Regulations Commission, Supreme Court b. actors and actresses; singers; lyricists; composers; emcees; professional athletes; directors and producers, and other recipients of talent fees Rentals of real or personal properties used in business, poles, satellites and transmission facilities, and billboards Income payments made to resident individuals and corporate cinematographic film owners, lessors or distributors Income payments made to general engineering, building, and specialty and other contractors Commissions paid to certain brokers and agents Commissions of independent and exclusive distributors, medical/technical and sales representatives, and marketing agents of multilevel marketing companies

20% creditable if the gross income for the current year exceeds P720,000; and 10% if otherwise

---

---

5% creditable

---

---

5% creditable

---

---

2% creditable

---

---

10% creditable

---

---

10% creditable

---

---

23

Income distributed to the beneficiaries of estates and trust (except such income subject to FWT and tax exempt income)

15% creditable

---

---

Income payments to partners of General Professional Partnerships

15% creditable if the gross income for the current year exceeds P720,000; and 10% if otherwise

---

---

Additional Income of Government Personnel from importers, shipping and airline companies, or their agents

15% creditable

---

---

Payments made by the government to its local/resident supplier of goods and local/resident supplier of services other than those covered by other rates of withholding tax (except any single purchase of P10,000 and below)

1% creditable to supplier of goods; 2% creditable to supplier of services

---

---

Payments made to embalmers for services rendered to funeral companies

1% creditable

---

---

Payments made by pre-need companies to funeral parlors

1% creditable

---

---

24

Payments made to suppliers of agricultural products

1% creditable

---

---

One-half (1/2) of the gross amount paid by credit card companies to any business entity representing the sales of goods/services to cardholders

1% creditable

---

---

Payments on purchases of minerals, mineral products and quarry resources MERALCO Payments on: a. MERALCO Refund arising from Supreme Court Case GR No. 14814

10% creditable

25% for customers with active contract; 32% for customers with terminated contract 10% creditable; and 20% if nonresidential customers with monthly electricity consumption of more than 200kwh

b. Interest income on the refund of meter deposit

Amount paid to the seller/owner for the sale, exchange or transfer of real property classified as ordinary asset: a. Where the seller/transferor is exempt from creditable withholding tax

Exempt

25

b. Where the seller/transferor is habitually engaged in the real estate business and the selling price of real property is: - P 500,000 or less - more than P500,000 but less than P2,000,000 - more than P2,000,000 c. Where the seller/transferor is not habitually engaged in the real estate business

1.5% creditable 3% creditable 5% creditable 6% creditable

---------

---------

9. Filing of Returns a. The following persons are required to file income tax returns: 36 (1) Every Filipino citizen residing in the Philippines (except persons not required to file income tax returns and those who are subject to substituted filing of income tax return [refer to items A (9) (c) and (d) on page 35]; (2) Every Filipino citizen residing outside the Philippines, on income from sources within the Philippines; (3) Every alien residing in the Philippines, on income derived from sources within the Philippines; Every nonresident alien engaged in trade or business, or in the exercise of profession in the Philippines; and

(4)

(5) Every executor or administrator of an estate, if the gross value of the estate is P200,000 or more, or regardless of the value of the estate if estate consists of registered or registrable property.37

36

Sec. 51(A)(1), supra.

37

Sec. 90(A), supra.

26

b. Persons required to file information on returns38 (for income not subject to withholding): Every person who made payment to another person on any of the fixed or determinable gains, profits and income for the preceding calendar year as in: (1) interests; (2) rents; (3) salaries and wages; (4) premiums; (5) annuities;

(6) compensations; (7) remunerations; (8) emoluments;
39

c. Persons not required to file income tax returns:

(1) Individuals whose gross income does not exceed their total personal and additional exemptions; (2) Individuals whose pure compensation income derived from sources within the Philippines, the income tax on which has been correctly withheld under the provisions of the NIRC; (3) Individuals whose income consists solely of interest, prizes, winnings, royalties, dividends, share in a partnership taxable as a corporation which has been subjected to final withholding tax; (4) Minimum wage earners or an individual who is exempt from income tax pursuant to the provisions of the NIRC and other laws, general or special.

38 39

Sec. 68, supra. Sec. 51(A)(2), supra.

27

d. Substituted Filing of Income Tax Returns An individual taxpayer receiving purely compensation income from only one employer is no longer required to file the Annual Income Tax Return (Form No. 1700) if the income tax has been correctly withheld by the employer. The Annual Information Return of Income Taxes Withheld on Compensation and Final Withholding Taxes (BIR Form No. 1604-CF) filed by employers shall be equivalent to the substituted filing of income tax returns by said employees. The following taxpayers, however, are not qualified to avail of the substituted filing40: (1) Individuals deriving compensation from two or more employers concurrently or successively at anytime during the taxable year. (2) If the income tax of the employee has not been withheld correctly resulting to collectible or refundable return. (3) Individuals deriving other non-business, non-profession-related income in addition to compensation not otherwise subject to a final tax. (3) Individuals receiving purely compensation income from a single employer, although the income tax of which has been correctly withheld, but whose spouse falls under Section 2.83.4(A), (B), (C) and (D) of RR No. 2-98, as amended. (5) Nonresident aliens engaged in business in the Philippines deriving purely compensation income, or compensation income and other non-business, non-profession-related income. e. E-filing and Payment System41 Both large and non-large individual taxpayers filing BIR form 1700 who are required to file an income tax return have the option to avail of the EFPS in filing their annual income tax returns and paying the taxes due thereon. All taxpayers who intend to e-file their income tax return and pay electronically their income tax liability must register with the BIR - Integrated Tax System (ITS) and must have an e-mail
In case of married individuals who are still required to file returns under existing provisions of the law, i.e., in those instances not covered by the substituted filing of returns, only one return for the taxable year shall be filed by either spouse to cover the income of the spouses, which return shall be signed by the husband and wife unless it is physically impossible to do so, in which case signature of one of the spouses would suffice.
40

In compliance with Section 34 of R.A. 8792, otherwise known as the Electronic Commerce Act, the Bureau is expanding its services for a paperless filing of returns and payment of taxes thru eFPS.

41

28

account and Internet access. Taxpayers who e-file their returns may pay their tax liabilities either electronically (e-pay) or manually. Large taxpayers who opt to e-pay their tax due must do so through any Authorized Agent Bank (AAB) accredited by the BIR which is e-payment capable. On the other hand, non- large taxpayers can pay through the internet banking facilities of any AAB, regardless of whether such AAB is within the territorial jurisdiction or not of the RDO where the taxpayer is registered. f. Basic forms used in filing an income tax return: (1) Taxpayers who are within the jurisdiction of Revenue District Offices (RDOs) are required to use the following redesigned/new BIR forms: For individuals earning pure compensation income - 1700 For Self-Employed, Professionals, Estates, and Trusts - 1701 For real property transactions (individual capital gains tax) - 1706 Account Information Form -1701AIF 10. Place of Filing42 a. The return shall be filed with an Authorized Agent Bank, Revenue District Officer, Collection Agent, or duly authorized Treasurer of the city or municipality in which such person has a legal residence or principal place of business in the Philippines, or if there is no legal residence or place of business in the Philippines, with the Office of the Commissioner. Information returns (BIR Form 1701AIF) shall be filed with the Revenue Regional Director, Revenue District Officer, or Collection Agent where the principal office of the taxpayer is located. 11. Time of Filing43 a. Residents of the Philippines, whether citizens or aliens whose income had been derived solely from salaries, wages, interest, dividends, allowances, commissions, fees, pensions, or any combination thereof 44 - on or before April 15.45
Sec. 51(B), supra. The prevailing modes of payment are: (a) Bank Debit System; (b) Over-theCounter Cash Transactions; (c) Credit Facility; and (d) Tax Debit Memo. Taxpayers who live in a municipality where there is no AAB may pay their taxes in cash to the BIR Collection Agent assigned to said municipality.
43 44 42

Sec. 51(C), supra.

With respect, however, to taxpayers, whether large or non-large, who availed of the electronic filing and payment system (EFPS), the deadline for electronically filing the applicable withholding tax

29

b. Individuals subject to the final schedular tax on net capital gains from the sale or exchange of shares of stock not traded thru a local stock exchange within 30 days after each transaction and a final consolidated return on or before April 15. c. Individuals subject to the capital gains tax on the sale or disposition of real property - within 30 days following each sale or other disposition of capital assets. d. Account Information Form (BIR Form 1701 AIF)- on or before April 15 of each year covering income for the preceding taxable year. 12. Payment of Tax46 The income tax is payable at the time the return is filed. When the income tax due exceeds P2,000, it may be paid in two equal installments: the first, at the time the return is filed; and second, on or before the 15th day of July following the close of the calendar year. 13. Penalties 47 In general, the non-filing of income tax returns and/or non-payment of income tax shall result in the following: a. imposition of fine and /or imprisonment; b. imposition of surcharge of (1) 50% of the tax or deficiency tax, in case of willful neglect to file the return within the period prescribed by the Code, or in case of false or

returns and paying the taxes due thereon via the EFPS shall be five (5) days later than the deadlines, unless the EFPS regulations provide for different deadline dates and except for the final capital gains tax on the sale, barter or exchange of real property where the law fixes a definite deadline for the payment thereof. Government officials and employees are enjoined to file their income tax on or before March 15 by virtue of Memorandum Circular No. 94 issued by President Corazon C. Aquino on February 13, 1989. Sec. 56(A)(1) and (2) of the NIRC. On the other hand, Republic Act No. 9505, otherwise known as the PERA Act of 2008 provides that an individual making contributions to a Personal Equity and Retirement Account (PERA) may be entitled to a non-refundable tax credit equivalent to five percent (5%) of the maximum allowable PERA contribution. The maximum allowable contribution is P 100,000.00 or P 200,000.00 if the contributor is an overseas Filipino
47 46 45

Sec. 247-248 and 253, supra.

30

fraudulent return willfully made, to be added to the tax or deficiency48 tax; and (2) 25% of the amount due, to be imposed in any of the following cases: (a) failure to file the income tax return and pay the tax due thereon on the date prescribed by law; or (b) filing a return with an internal revenue officer other than those with whom the return is required to be filed; or (c) failure to pay the deficiency tax within the time prescribed for its payment; or (d) failure to pay full or part of the amount of tax shown in the return required to be filed, or full amount of tax due for which no return is required to be filed, on or before the date prescribed for its payment.

c. Imposition of interest on any unpaid amount of tax at 20% annually or such higher rate of interest as may be required.49 (1) In case of a tax shown in the return as due but unpaid, the interest shall be 20% a year from due date until paid. (2) If the period for filing return is extended, there is also a 20% a year interest to be paid from due date up to the date of payment. d. Deportation of the taxpayer, if an alien.50

B. CORPORATE INCOME TAX 1. Corporations subject to tax The corporate income tax is imposed on:
The term deficiency means: (1) the amount by which the tax imposed by law exceeds the amount shown as the tax of the taxpayer upon his return; or (2) if no amount is shown as the tax by the taxpayer upon his return or if no return is made by the taxpayer, then the amount by which the tax exceeds the amount previously assessed (or collected without assessment) as a deficiency. (Sec. 56(B)(1) and (2), supra.)
49 50 48

Sec. 249 of the NIRC. Sec. 253 (c), supra.

31

a. Domestic Corporation - is a corporation created or organized in the Philippines or under its laws which shall include partnerships, no matter how created or organized, joint-stock companies, joint accounts, associations, or insurance companies, but does not include general professional partnerships and a joint venture or consortium formed for the purpose of undertaking construction projects or engaging in petroleum, coal, geothermal and other energy operations pursuant to an operating or consortium agreement under a service contract with the Government.51 b. Foreign Corporation (1) Resident Foreign Corporation - is one which is organized or existent under the laws of any foreign country but is engaged in trade or business in the Philippines. (2) Nonresident Foreign Corporation - is one which is organized under the laws of any foreign country and not engaged in trade or business in the Philippines but is deriving income from sources within the Philippines.

2. Determination of Taxable Income a. Domestic Corporation - taxable on the entire net income received from sources within and outside the Philippines. Net taxable income is the amount equal to gross income less allowable deductions.52

b. Foreign Corporation (1) Resident Foreign Corporation - taxed similarly as a domestic corporation on incomes derived from sources within the Philippines.53 (2) Nonresident Foreign Corporation - taxable upon the entire gross income received from all sources within the Philippines.54
51 52

Sec. 22(B and C), supra.

Sec. 27(A), supra. Pursuant to RA 9856 (An Act Providing the Legal Framework for Real Estate Investment Trust [REIT] and for Other Purposes), REIT will be subject to the income tax on the taxable net income as defined in Chapter V of the NIRC instead of its taxable net income as stated in this Act, upon the occurrence of the following: (i) failure to maintain its status as a public company; (ii) failure to maintain the listed status of the investor securities on the registered entity and the registration of the investor securities by the Securities and Exchange Commission; and/or (iii) failure to distribute at least 90% of its distributable income required under Section 7 of RA 9856.
53 54

Sec. 28(A), supra. Sec. 28(B), supra.

32

c. Exclusions - refer to item A(4) on page 4 d. Deductions from Gross Income55 (1) Domestic Corporation Same deductions allowed individual taxpayers except premium payments on health and/or hospitalization insurance or optional standard deduction equivalent to 40% of its gross income. With respect to charitable and other contributions subject to limitation, the same should not exceed 5% of the taxable income without the benefit of said deduction. (2) Foreign Corporation (a) Resident Foreign Corporation Same deductions allowed domestic corporations and conditions and limitations except on the following items of deductions:  Taxes - the deductions for taxes shall be allowed only if and to the extent that they are connected with income from sources within the Philippines.  Losses - losses deductible shall be those actually sustained during the year incurred in business, trade or exercise of a profession conducted within the Philippines and not compensated for by insurance or other forms of indemnity.  Bad debts - the deductions for bad debts shall be allowed only if they arise in the course of business or trade conducted within the Philippines.  Depreciation - a reasonable allowance for the deterioration of property arising out of its use or employment or its non-use in the business, trade or profession on properties located in the Philippines.  Depletion of oil and gas wells and mines - the allowance for depletion of oil and gas wells or mines is authorized only with respect to oil and gas wells or mines located within the Philippines. (b) Nonresident Foreign Corporation No deductions are allowed.
55

Sec. 34, supra.

33

e. Non-deductible items - Same as the items not deductible from gross income under the Individual Income Tax. [refer to item A(6) on page 16] f. Exemptions56 The following are exempt from the payment of corporate income tax, subject to certain conditions: (1) Labor, agricultural, or horticultural organizations not organized principally for profit; (2) Mutual savings bank not having a capital stock represented by shares, and cooperative bank without capital stock organized and operated for mutual purposes and without profit; (3) A beneficiary society, order, or association, such as fraternal organization, or a mutual aid association or a non-stock corporation, organized and operated exclusively for the benefit of its members; (4) Cemetery company owned and operated exclusively for the benefit of its members; (5) Religious, charitable, scientific, athletic, and cultural organizations or those organized for the rehabilitation of veterans, under certain conditions; (6) Business league, chamber of commerce, or board of trade, not organized for profit and no part of the net income of which inures to the benefit of any private individual; (7) Civic league or organization organized for profit but operated exclusively for the promotion of social welfare; (8) Non-stock and nonprofit educational institutions; (9) Government educational institutions; (10) Farmers’ or other mutual typhoon or fire insurance company or like organization of purely local character; and (11) Farmers’, fruit growers’, or like associations organized and operated as sales agent, under certain conditions.

56

Sec. 30, supra.

34

Table 4. SUMMARY OF TAX SOURCE OF CORPORATE TAXPAYERS Domestic Corporation Sources of Income Subject to Tax Within Without Within Foreign Corporation Resident Without Nonresident Within Without

a. Business Income b. Passive Income 1. Royalties 2. Interest income from Philippine currency bank deposits and yield or any other monetary benefit from deposit substitutes and from trust funds and similar arrangements 3. Interest income from longterm deposit instruments pre-terminated before the fifth (5th) year 4. Interest income from foreign currency bank deposits 5. Cash and/or property dividends c. Other Sources of Income 3. Tax Base and Tax Rates a. Corporate Income

the Philippines Y Y

the Philippines Y N

the Philippines Y N

Y Y

N N

Y Y

N N

Y Y

N N

Y

N

Y

N

Y

N

Y

N

Y

N

N

N

N

N

N

N

Y

N

Y

Y

Y

N

Y

N

(1) Domestic Corporations 57 (a) In general - 30% upon the taxable income derived during each taxable year from all sources within and outside the Philippines by every corporation, organized in, or existing under the laws of the Philippines.

Sec. 27, supra. Pursuant to RA 9337 (Expanded VAT Law), the corporate income tax is decreased from 35% to 30% effective January 1, 2009.

57

35

(b) Proprietary Educational Institutions and Hospitals which are nonprofit - 10% on their taxable income from the operation of the educational institution and hospital but if their gross income from unrelated trade, business or other activity exceeds 50% of the total gross income then the regular corporate income tax shall apply. (c) Government-owned or controlled corporations58, agencies or instrumentalities, except Government Service Insurance System (GSIS), Social Security System (SSS), Philippine Health Insurance Corporation (PHIC), Local Water Districts (LWD), and Philippine Charity Sweepstakes Office (PCSO) - 30% upon their taxable income derived during each taxable year. (d) Tax on income derived under the Expanded Foreign Currency Deposit System.59  Income derived by a depository bank under the expanded foreign currency deposit system from foreign currency transactions with nonresidents, offshore banking units in the Philippines, local commercial banks including branches of foreign banks that may be authorized by the Bangko Sentral ng Pilipinas (BSP) to transact business with foreign currency deposit system units under the EFCDS, except net income from such transactions as may be specified by the Secretary of Finance- exempt. Interest income from foreign currency loans granted by such depository banks under said expanded system to residents other than offshore banking units in the Philippines or other depository banks under the expanded system- 10% final tax. Income of nonresidents, whether individuals or corporations, from transactions with depository banks under the expanded systemexempt.





Pursuant to RA 9593 [Tourism Act of 2009 (May 12, 2009) and RA 10026 (March 11, 2010)], the following are exempted from payment of corporate income tax: Tourism Promotions Board, Tourism Infrastructure and Enterprise Zone Authority, Duty Free Philippines Corporation and Local Water Districts.
59

58

Sec. 27(D), 28(A)(4), (A)(7)(b), supra., as amended by RA No. 9294.

36

(2) Foreign Corporations 60 (a) Resident foreign corporations61  In General - 30% on taxable income derived during the taxable year from all sources within the Philippines by a corporation organized, authorized, or existing under the laws of any foreign country, engaged in trade or business within the Philippines.  International carrier - 2.5% on their Gross Philippine Billings.62  Offshore banking units63 –


Income derived from foreign currency transactions with local commercial banks and branches of foreign banks authorized by the BSP to transact with OBUs – exempt. Interest income derived from foreign currency loans granted to residents other than offshore banking units or local commercial banks, including local branches of foreign banks that may be authorized by the BSP to transact business with offshore banking units- 10% final tax. Income of nonresidents, whether individuals or corporations, from transactions with said offshore banking units- exempt.







Branch profits remittances - 15% on any profit remitted by a branch to its head office abroad, except profit remitted by enterprises which are registered with the Philippine Economic Zone Authority (PEZA).

 Regional or Area Headquarters and Regional Operating Headquarters of Multinational Corporations.64

60 61 62

Sec. 28, supra. Sec. 28(A)(1), supra.

“Gross Philippine Billings” refers to the amount of gross revenue derived from carriage of persons, excess baggage , cargo and mail originating from the Philippines in a continuous and uninterrupted flight , irrespective of the place of sale or issue and the place of payment of the ticket or passage document. The term “Gross Philippine billings” shall include the aliquot portion of the cost of the ticket corresponding to the leg flown from the Philippines to the point of transshipment and tickets, revalidated, exchanged and/or indorsed to another international airline of passengers who boards a plane in a port or point in the Philippines.
63 64

Sec. 27(D), 28(A)(4), supra., as amended by RA No. 9294 (April 28, 2004) Sec. 28(A)(6), supra.

37



Regional or Area Headquarters of Multinational Corporations. exempt. Regional Operating Headquarters - 10% final tax on their taxable income.



 Depository banks under the Expanded Foreign Currency Deposit System (EFCDS) –


Income derived by a depository bank under the expanded foreign currency deposit system from foreign currency transactions with nonresidents, offshore banking units in the Philippines, local commercial banks including branches of foreign banks that may be authorized by the Bangko Sentral ng Pilipinas (BSP) to transact business with foreign currency deposit, except net income from such transactions as may be specified by the Secretary of Financeexempt. Interest income from foreign currency loans granted by such depository banks under said expanded system to residents other than offshore banking units in the Philippines or other depository banks under the expanded system- 10% final tax. Income of nonresidents, whether individuals or corporations, from transactions with depository banks under the expanded systemexempt.





(b) Nonresident Foreign Corporations65  In general - 30% on the gross income received during the taxable year from all sources within the Philippines, such as interests, dividends, rents, royalties, salaries, premiums (except reinsurance premiums), annuities, emoluments or other fixed or determinable annual, periodic, or casual gains, profits and income, and capital gains, except gains realized from sale, exchange or disposition of shares of stock in any domestic corporation.

 Nonresident Cinematographic film owners, lessors or distributors 25% of their gross income from all sources within the Philippines.  Nonresident Owners or lessors of vessels chartered by Philippine nationals - 4.5% on gross rentals, lease or charter fees.
65

Sec. 28(B), supra.

38



Nonresident Owners or lessors of aircrafts, machineries and other equipment - 7.5% on gross rentals, lease and other fees.

Table 5. SUMMARY OF TAX BASE AND TAX RATES OF CORPORATE TAXPAYERS

Taxpayers 1. Domestic Corporations (In General) a. Proprietary Educational Institutions and Hospitals b. GOCCs, Agencies or Instrumentalities (except GSIS, SSS, PHIC, PCSO and those under RA No. 9593) c. Depository Banks under the EFCDS 2. Foreign Corporations (In General) a. International Carriers b. Offshore Banking Units c. Regional or Area Headquarters of Multinational Corporations d. Regional Operating Headquarters of Multinational Corporations e. Depository Banks under the EFCDS 3. Nonresident Foreign Corporations (In General) a. Nonresident Cinematographic Film Owners, Lessors or Distributors b. Nonresident Owner or Lessor of Vessels Chartered by Philippines Nationals c. Nonresident Owner or Lessor of Aircrafts, Machineries and other Equipment

Tax Base Taxable Net Income (TNI) TNI TNI

Tax Rates 30% 10% or 30% 30%

Taxable Gross Income (TGI) TNI Gross Philippine Billings TGI TNI TGI

10% / exempt

30% 2.5% 10% / exempt Exempt 10% 10% / exempt

TGI TGI

30% 25%

TGI

4.5%

TGI

7.5%

39

b. Passive and Other Sources of Income (1) Domestic Corporations - on the following items of income: (a) Interest from Philippine currency bank deposits and yield or any other monetary benefit from deposit substitutes and from trust funds and similar arrangements, and royalties - 20% final withholding tax on the gross amount.66 (b) Interest income from foreign currency bank deposits - 7 1/2% final withholding tax on the gross amount.67 (c) Net capital gains derived from the sale of shares of stock not traded in the stock exchange: 68 Not over P100,000 Amount in excess of P100,000 5% 10%

(d) Intercorporate dividends.69 - Exempt. (e) Capital gains derived from the sale, exchange or disposition of lands and/or buildings treated as capital assets and not used in the business of a corporation - 6% of the gross selling price or fair market value whichever is higher.70

(2) Foreign Corporations (a) Resident foreign corporations71 - on passive incomes received from sources within the Philippines, same treatment as with domestic corporations. (b) Nonresident foreign corporations72 - on interest, rents, royalties, capital gains, dividends, etc. which shall form part of the taxable
66 67 68 69 70

Sec. 27(D)(1), supra. Sec. 27(D)(1), supra. Sec. 27(D)(2), supra. Sec. 27(D)(4), supra.

Sec. 27(D)(5), supra. Gains derived from the sale or disposition of lands and/or buildings which are used in the business and treated as capital assets are required to be reported as part of the gross income of the corporation subject to the regular corporate income tax.
71 72

Sec. 28(A)(7), supra. Sec. 28(B), supra.

40

income of a nonresident foreign corporation subject to the regular corporate income tax on gross amount thereof, except the following:  Income from foreign currency transactions with depository banks under the expanded foreign currency deposit system and Offshore Banking Units - exempt. Interest on foreign loans contracted on or after August 1, 1986 20% final withholding tax on gross amount. Intercorporate dividends - 15% on the amount of cash and/or property dividends.

 

 Capital gains from sale of shares of stock not traded in the stock exchange - same treatment as with Domestic Corporation.73 c. Minimum Corporate Income Tax (MCIT)74 A Minimum Corporate Income Tax (MCIT) at two percent (2%) of the gross income of domestic and resident foreign corporations is imposed beginning on the fourth taxable year immediately following the year in which said corporations commenced their business operations. The MCIT is payable only when the minimum income tax exceeds the regular corporate income tax. Any excess of the MCIT over the regular corporate income tax is allowed to be carried forward and credited against the regular income tax payable by subject corporations for three (3) immediately succeeding taxable years. d. Improperly Accumulated Earnings Tax75 (1) In addition to the other taxes imposed by the NIRC, an improperly accumulated earnings tax equal to ten percent (10%) is imposed on the improperly accumulated taxable income of every corporation (except publicly-held corporations, banks and other nonbank financial intermediaries, and insurance companies) formed or availed for the purpose of avoiding the income tax with respect to its shareholders or the shareholders of any other corporation, by permitting its earnings and profits to accumulate instead of being divided or distributed.
Provided that the country in which the nonresident foreign corporation is domiciled shall allow a tax credit against the tax due from the nonresident foreign corporation taxes deemed to have been paid in the Philippines equivalent to 17%.
74 75 73

Sec. 27(E) and Sec. 28(A)(2), supra. Sec. 29, supra.

41

(2) The term “improperly accumulated taxable income” means the taxable income adjusted by income exempt from tax, income excluded from gross income, income subject to final tax, and the amount of net operating loss carry-over deducted and reduced by the sum of dividends actually or constructively paid and income tax paid for the taxable year.

e. Withholding Tax at Source Subject to a withholding tax system are the following corporate incomes at the indicated rates: Table 6. SUMMARY OF WITHHOLDING TAX RATES76 Domestic Corporation
---

Type of Income
Dividends from a domestic corporation

Resident Foreign Corporation
---

Non-resident Foreign Corporation77
30% final, but 15% creditable under a tax sparing provision 30% final 30% final

Royalties Interest on Philippine currency bank deposits and deposit substitutes Interest from a depository bank under the Expanded Foreign Currency Deposit System Gains from sale of shares of stock

20% final 20% final

20% final 20% final

7.5% final

7.5% final

---

5% - 10% final 6% final

5% - 10% final ---

5%-10% final ---

Gains from sale of lands and/or buildings Other fixed or determinable gains, profit and income
76 77

---

---

30% final

The withholding tax rates are those provided under RR No. 2-98, as amended. 30% beginning January 1, 2009, pursuant to RA 9337.

42

Gross income from contracts by subcontractors from service contractors engaged in “petroleum operations” Professional fees, talent fees, etc., for services of taxable juridical persons

8%

8%

--

15% creditable if the gross income for the current year exceeds P720,000; and 10% if otherwise 5% creditable

15% creditable if the gross income for the current year exceeds P720,000; and 10% if otherwise 5% creditable

---

Gross rentals for the use of real property used in business, poles, satellites and transmission facilities, and spaces used in posting advertisements in the form of billboards Gross rentals in excess of P10, 000 for the use of personal property used in business78 Gross payments to corporate cinematographic film owners, lessors or distributors Income payments made to general engineering, building, and specialty contractors (when taxable as a corporation) One-half (1/2) of the gross amount paid by credit card companies to any business entity representing the sales of goods/services to cardholders Payments made by the government to its local/resident supplier of goods and local/resident supplier of services other than those covered by other
78

---

5% creditable

5% creditable

5% creditable

5% creditable

---

2% creditable

2% creditable

---

1% creditable

1% creditable

---

1% creditable to supplier of goods; 2%creditable to supplier of

1% creditable to supplier of goods; 2%creditable to supplier of

---

The P10,000.00 threshold shall not apply when the accumulated gross rental paid by the lessee to the same lessor exceeds or is reasonably expected to exceed P10,000.00 within the year. In which case, the lessee shall withhold the five percent (5%) withholding tax on the entire amount.

43

rates of withholding tax (except any single purchase of P10,000 and below) Income payments made by top twenty thousand corporations and government to local suppliers of goods and services (except single purchase of P10,000 or less by government) Commissions of independent and exclusive distributors Tolling fees paid to refineries Payments made to embalmers for services rendered to funeral companies Payments made by pre-need company to funeral parlors Payments made to suppliers of agricultural products Income payments on purchases of minerals, mineral products, and quarry resources

services

services

1% creditable to supplier of goods; 2%creditable to supplier of services 10% creditable

1% creditable to supplier of goods; 2%creditable to supplier of services 10% creditable

---

---

5% creditable 1% creditable

5% creditable 1% creditable

-----

1% creditable

1% creditable

---

1% creditable

1% creditable

---

10% creditable

10% creditable

MERALCO Payments on: a. MERALCO Refund arising from Supreme Court Case GR No. 14814 25% creditable for customers with active contract; 32% for customers with terminated contract 10% creditable; and 20% if nonresidential customers with monthly electricity
44

25% creditable for customers with active contract; 32% for customers with terminated contract 10% creditable; and 20% if nonresidential customers with monthly

b. Interest income on the refund of meter deposits

consumption of more than 200kwh

electricity consumption of more than 200kwh

4. Filing of Returns and Payment of Tax a. Corporations required to file returns

Every corporation, whether domestic or foreign, except non-resident foreign corporations not engaged in trade or business in the Philippines, is required to file corporate returns. The returns shall be filed by the president, vice-president or other principal officer, and shall be sworn to by such officer and by the treasurer or assistant treasurer.79

b. Forms Annual Income Tax Return for Corporations and partnerships Quarterly Income Tax Return for Corporations and Partnerships Improperly Accumulated Earnings Tax Return Account Information Form Place of Filing80 1702 1702Q 1704 1702AIF

c.

Corporate returns shall be filed with the Commissioner of Internal Revenue, AAB, Revenue District Officer, Collection Agent or duly authorized Treasurer of the city or municipality in which the principal office of the corporation is located or where its books of accounts and other data from which the return is prepared are kept. d. Time of Filing81 Corporations are allowed to file returns either on a calendar year basis or fiscal year basis, and are required to file returns for each quarter of the taxable year on a cumulative basis, as follows: (1) For the first, second, and third quarters - within sixty days from the close of the quarter; and
79 80 81

Sec. 52, supra. Sec. 77(A), supra. Sec. 75, supra.

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(2) For the last quarter - on or before the 15th day of April or on or before the 15th day of the 4th month following the close of the taxable year.

e.

Payment of Tax

Same as the manner of payment of individual income tax.

f.

E-filing and Payment System

Corporations, both large and non-large, have the option to avail of the EFPS in filing their annual income tax returns and paying the taxes due thereon. Corporations which intend to e-file their income tax return and pay electronically their income tax liability must register with the Integrated Tax System (ITS) and must have an e-mail account and Internet access. Corporations which e-file their returns may pay their tax liabilities either electronically (e-pay) or manually. Large corporations which opt to e-pay their due must do so through any Authorized Agent Bank (AAB) accredited by the BIR which are e-payment capable. On the other hand, non- large corporations can pay through the internet banking facilities of any AAB, regardless of whether such AAB is within the territorial jurisdiction or not of the RDO where the corporation is registered.

g. Penalties Same penalties under Individual Income Tax. In addition, the Corporation shall pay a fine of not less than P50,000 but not more than P100,000. 82

C. TREATMENT OF FRINGE BENEFITS 83 1. A final tax of thirty-two percent (32%) is imposed on the grossed-up monetary value of fringe benefits furnished or granted to the employee (except rank and file employees) by the employer, whether an individual or a corporation (unless the fringe benefit is required by the nature of, or necessary to the trade, business or profession of the employer, or when the fringe benefit is for the convenience or advantage of the employer).

82 83

Sec. 256, supra.

Sec. 33, supra. The tax on fringe benefit is payable by the employer and shall be subject to final withholding tax.

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As implemented by Revenue Regulation 3-98, as amended, fringe benefits granted to individual taxpayers who are enjoying preferential tax treatment are also subject to the FBT at the following rates: (1) nonresident alien individuals not engaged in trade or business in the Philippines - 25%; (2) aliens employed by regional or area headquarters or by regional operating headquarters of a multinational company, offshore banking units, foreign service contractor or subcontractor - 15%; (3) fringe benefits granted to employees in special economic zones - 32%, 25% or 15%, as the case may be.84 2. Fringe benefit is any good, service or other benefit furnished or granted in cash or in kind by an employer, whether an individual or a corporation, to an individual employee (except rank and file employees) such as, but not limited to, the following: a. housing; b. expense account; c. vehicle of any kind; d. household personnel, such as maids, drivers and others; e. interest on loans at less than market rate to the extent of the difference between the market rate and the actual rate granted; f. membership fees, dues and other expenses borne by the employer for the employee in social and athletic clubs or other similar organizations; g. expenses for foreign travel; h. holiday and vacation expenses; i. educational assistance to the employee or his dependents; and j. life or health insurance and other non-life insurance premiums or similar amount in excess of what the law allows.

To arrive at the grossed-up monetary value of the fringe benefit granted to nonresident alien individuals not engaged in trade or business in the Philippines, divide the monetary value of the fringe benefit by seventy-five percent (75%). In the case of fringe benefits granted to aliens employed by regional or area headquarters or regional operating headquarters of multinational company, offshore banking units, and foreign service contractor and sub-contractor, divide the monetary value of the fringe benefit by eightyfive percent (85%).

84

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3. Non-taxable fringe benefits: a. fringe benefits which are authorized and exempted from tax under special laws; b. contributions of the employer for the benefit of the employee to retirement, insurance and hospitalization benefit plans; c. benefits given to the rank and file employees, whether granted under a collective bargaining agreement or not; d. de minimis benefits.

4. Valuation of fringe benefits: Unless otherwise provided in Revenue Regulations No. 3-98, taxable fringe benefits shall be valued as follows: a. If the fringe benefit is granted in money, or is directly paid for by the employer, then the value is the amount granted or paid for. b. If the fringe benefit is granted or furnished by the employer in property other than money and ownership is transferred to the employee, then the value of the fringe benefit shall be equal to the fair market value of the property as determined in accordance with Sec. 6(E) of the Code (Authority of the Commissioner to Prescribe Real Property Values). c. If the fringe benefit is granted or furnished by the employer in property other than money but ownership is not transferred to the employee, the value of the fringe benefit is equal to the depreciation value of the property.

48