Professional Documents
Culture Documents
Chapter 5 To 7
Chapter 5 To 7
1.
2.
a.
None. Proceeds of life insurance policy payable upon the death of the
insured are excluded from gross income.
None, because Angel is not required to pay income tax on the entire
amount he received as proceeds from insurance policy. The reason
being that the insured did not outlive the policy.
If however, his father outlived the life insurance policy, Angel must
report an income of P75,000 (the face amount of P100,000 minus the
premiums paid in the amount of P25,000).
4.
5.
a.
The P20,000 given to cover medical expenses are actual damages, while
the other P20,000 constitutes moral damages. Both actual and moral
damages are not subject to tax.
b The P150,000 awarded by the court for winning in the libel case is not
. taxable. Libel is included in the phrase "personal injury or sickness,"
which is exempt from income tax.
c.
Not included in the gross income. The amount of P12,000 being given
by the employer to its employees in case of disability are not salaries
but compensation for personal injuries being suffered by its employees.
d.
Not taxable. The P60,000 is in the form of moral damages which is not
capable of pecuniary estimation. Besides, it is in the nature of a return
of capital.
e.
6. 6. No, because all the requisites for exemption from income tax are
present: (1) Tanda retired at age 60 which is more than the required
age of 50 years; (2) a private pension plan is maintained by the
employer; and, (3) he worked with San Jose Corporation for more than
10 years. The law does not require continuous service. Therefore, the
10-year service requirement is satisfied even if he had a broken service
with the company.
7.
8.
a.
b Taxable.
.
c Not taxable. Kay was awarded without joining the contest and not
.
required to render substantial future services. Moreover, the prize
given was in recognition of an educational attainment.
9.
The prize won by Tornado is taxable. The fight was not sanctioned by a
national sports associations. As a matter of fact, it was held in a very
secluded place. The main purpose of the fight is for the gamblers to bet
on their favorite fighter and not to promote sports.
10.
Answer: P38,000
Salary (P20,000 x 12)
Add: Benefits
Christmas bonus
Productivity bonus
240,0
00
20,000
2,000
Loyalty award
Cash gift
Anniversary bonus
13th month pay
Total
Less: Exemption
3,000
1,000
2,000
20,000
48,000
30,000
18,0
00
258,0
00
EXERCISES 52.1:
1.
2.
ANSWER: D
The entire amount of proceeds of the insurance policy received by
the beneficiary of Okeze from Filipinas Life Assurance Company is not
taxable because they are more considered as indemnity rather than as
gain or profit.
ANSWER: B
Proceeds of life insurance
Less: Premiums paid (1,000 x 12 x
20)
Subject to tax
3.
ANSWER: C
Total amounts received (50,000 x 12)
Less: Face value of the policy
Deemed interest (taxable)
4.
ANSWER: C
Total amounts received (50,000 x 12)
Less: Amount of premiums paid
(1,000 x 12 x 20)
Subject to tax
Prob 5-2.2
1.
ANSWER: C
500,00
0
240,00
0
260,00
0
600,00
0
500,00
0
100,00
0
600,00
0
240,00
0
360,00
0
Proceeds of insurance
Less: Premiums paid (P10,000 x
20)
Income subject to tax
2.
500,0
00
200,00
0
300,00
0
ANSWER: D
None because Sonia died.
Prob 5-2.3
ANSWER: D
Income from coconut land
50,0
00
30,000
80,000
ANSWER:
P
500,00
0
400,00
0
100,00
0
Prob 5-2.5:
ANSWER:
P
200,00
0
P
60,000
80,000
140,00
0
60,00
0
Prob 5-3.1
ANSWER:
from employment of Mr. Jacobo was due to a cause which is within his
control, that is resignation; while the cessation from employment of
Mr. Kintanar was made without his control.
Therefore, the separation pay received by Mr. Jacobo is a taxable
income while the amount received by Mr. Kintanar is not taxable.
Prob 5-3.2
ANSWER:
ANSWER: B
There is no showing that Mario was in the service of the same
employer for at least ten (10) years, that he is at least fifty(50) years
of age at the time of retirement, that he has never availed of the
benefit of exclusion, and that the retirement gratuity came from a
reasonable retirement plan maintained by his employer.
The amount of P250,000 is taxable because Remus is only 49
years old upon retirement. To be exempt from income tax, the
retirement age of an employee must be at least 50 years.
Prob 5-3.4
ANSWER: D
The money value of the accumulated leave credits given to a
retiring government official or employee is not subject to tax (CIR s.
CA, et.al, 203 SCRA 72).
Prob 5-3.5
ANSWER: A
The P1,000,000 is part of Larry's retirement pay and not a gift.
Considering that the requisites for exemption from payment of tax are
satisfied, the additional P1,000,000 is not taxable.
Prob 5-3.6
ANSWER: D
The separation pay received by Evelyn is taxable because of the
voluntary action on her part. To be exempt, the causes for separation
must be either death, sickness, physical disability, or any cause
beyond the control of the employee.
The separation pay received by Ling-ling and Gina are exempt
because they are separated from service due to redundancy and
disability, causes which are beyond their control.
EXERCISES 54.
Prob 54.1
ANSWER: C
Only the amount of P300,000 corresponding to the income which was
lost during the period of treatment is taxable because even if he did
not meet an accident, that income would have been taxable.
Prob 5-4.2
ANSWER: A
Two months' salary
Increase in value of car (P600,000 450,000)
Income
40,0
00
150,00
0
190,00
0
Prob 5-4.3
ANSWER: C
Payment for the salaries
60,0
00
Prob 5-4.4
ANSWER:
EXERCISE 5
5.1:
ANSWER: C
Talent fee
Professional fee
Total amount taxable
Cash prize
Pay per view
Talent fee
Taxable amount
400,000
1,000,000
1,400,000
25,000,00
0
30,000,00
0
12,000,00
0
67,000,00
0
EXERCISES 55.2
a. The P350,000 value of the car is subject to a final tax of 20%.
b. The P5,000 is subject to graduated tax to be reported in the income tax
c.
return.
The cash prize and the equivalent amount of the 100 shares are subject
to 20% final tax because the awards given are not in recognition of
religious, charitable, scientific, educational, artistic, literary or civic
achievement.
EXERCISES 5-5.3
Being a resident citizen, Monique Salonga is taxable on income
within and without the Philippines. Consequently:
a.
The income of $75,000 is taxable to her unless she has acquired the
status of a contract worker. In which case, the $75,000 is not taxable to
her because contract workers are taxable only on income derived from
sources within the Philippines;
PROBLEM 5-6.1
ANSWER:
300,0
00
Other benefits:
13th month pay
25,00
0
2,500
30,000
57,500
30,000
Cash gift
Longevity pay
Total
Less: Amount of
exemption
Proceeds of life insurance (300,000
200,000)
Income subject to tax
27,5
00
100,00
0
427,50
0
EXERCISE 5 7
1. None. Holiday pay, overtime pay, night shift differential pay and hazard
pay earned by a minimum wage earner shall likewise be exempt from
income tax.
2 Basic salary
.
Commissions
Honoraria
Holiday pay
Overtime pay
Hazard pay
Other
benefits
(36,000
30,000)
Income subject to tax
95,000
15,000
10,000
7,000
8,500
6,000
6,00
0
147,50
0
EXERCISES 5 8
1.
ANSWER:
Only option D has complied with the requisites for exemption from tax
of retirement benefits, viz: (1) There must be a private pension
maintained by the employer and approved by the BIR; (2) The retiring
official or employee has been in the service of the same employer for
at least ten (10) years; (3) The age must be at least 50 years old at
ANSWER:
ANSWER:
ANSWER:
ANSWER:
ANSWER:
ANSWER: C
ANSWER: D
The pension from GSIS is not taxable while the interest from the
time deposit is subject to a final tax of 20%.
No, the separation due to the economic condition is one which is
beyond the employees control, hence, excluded from gross income
and not subject to withholding tax.
9.
ANSWER: A
The phrase "personal injuries" which are exempt from income tax
includes moral damages awarded by the court on account of mental
anguish experienced by one person due to libelous statements made
against him.
10.
ANSWER: C
Prizes amounting to P10,000 or less are to be included in the
computation of gross income. They are not subject to final tax.
11.
ANSWER: C
The amount of P1,500 given by his mother to Luis is in the form of
a condonation or gift and not a taxable income.
12.
ANSWER: D
Dismissal from employer due to inefficiency in service is a cause
which is not beyond the control of the employee. Under the beyond
the control test, whenever an employee is separated from service for
a cause or causes which is/are beyond his control, the separation pay
received by him is not subject to tax.
13.
ANSWER: D
Damages received by a taxpayer due to physical injuries or
sickness are not taxable to him. However, damages received as
compensation for lost profits are subject to tax.
14.
ANSWER: D
Thirteenth month pay and other benefits are exempt from income
ANSWER: B
Exclusion from gross income
16.
1,000,0
00
ANSWER: D
The exemption from income tax on a qualified senior citizen does
include exemption from value-added tax, estate tax, donors tax and
income tax on passive income.
17.
ANSWER: A
Monthly salary and allowance
(P3,500 + 1,000)
Months received (January to June
15)
Actual amount of salaries received
Net income from trimobile
Income subject to tax
4,5
00
5.5
24,750
24,000
48,750
EXERCISES
6-1
1.
CLASSIFICATION
SITUS
OF
TAXABLE
INCOME
a. Nonresident citizen
Within only
b. Nonresident
alien
Within only
(NETB)
c. Nonresident citizen
Within only
d. Resident alien
Within only
e. Nonresident
alien
Within only
(NETB)
f. Nonresident
alien
Within only
(ETB)
d. No. A taxpayer who is separated in bed and board with the spouse but
not legally separated maintains the status of a married taxpayer.
e. No. A benefactor of a senior citizen would be qualified to acquire the
status of a head of family regardless of whether such senior citizen is a
relative or not if the senior citizen is living with the taxpayer.
3. a. In the absence of an agreement, John has the right to claim the
additional exemption because under Revenue Regulation 2-98,
husbands have the right to claim additional exemption on the
dependent children. Besides, he has actual custody over the two
children.
b. If Marsha could prove that she provided chief support over the
children, both spouses would be disqualified to claim additional
exemption. Marsha is disqualified because the children are not living
with her despite the support she is extending. John is disqualified
because he does not furnish chief support to his children.
c. Yes, because not one of them can claim P50,000 which is the amount
allowed to each married individual taxpayer. At most, they would
acquire only the status of either single or head of family depending
upon the circumstances surrounding the case.
4. a. Julio is the one qualified to claim as head of family because he is
providing chief support to his mother who is also living with him. The
rest are giving only minimal amount of support.
b. None.
Additional personal exemption can be claimed only on
dependent children.
5. a. None. Aunties are not qualified dependents for purposes of claiming
additional exemption.
b. None. The mother is not a qualified dependent.
c. None. The daughter is disqualified because of her age. She is already
more than 21 years old.
d. None.
Both Decepeda and his sister cannot claim additional
exemption on their father.
e. P 100,000. Elantra is allowed to claim dependents on his four children
only.
6. a. Carina is qualified as head of family. She is already a widow and has
one dependent daughter living with her.
b. Gross compensation income
420,0
00
Less: Personal exemption
Basic personal
Additional
50,000
25,000
Taxable income
Tax on P 250,000
95,000 x 30%
Income tax
75,0
00
345,0
00
50,000
28,500
78,500
420,0
00
50,00
0
370,0
00
P
50,000
36,000
30%
Income tax
7. a. Compensation income Jim
Less: Personal exemption
Taxable compensation income
Business income Pat
Less: Expenses
Net income
Less: Personal exemptions
Taxable income
86,000
160,0
00
50,0
00
110,0
00
500,0
00
275,0
00
225,0
00
50,00
0
175,0
00
160,0
00
50,000
25,000
Taxable income
Tax on P 70,000
15,000 x 20%
Income tax due
P
8,500
3,000
11,500
500,0
00
275,0
00
225,0
00
50,00
0
175,0
00
Less: Expenses
Net income
Less: Personal exemptions
Taxable income
Tax on P 140,000
35,000 x 25%
Income tax due
Income tax Jim
22,500
8,750
31,250
P
11,500
31,250
42,750
8. a. Tax on P 40 x 5%
2.00
b. Tax on P 10,000 x 5%
c. Tax on P 10,000
2,245.40 x 10%
Income tax
d. Tax on P 250,000
e. Tax on P 250,000
206,780 x 30%
Income tax due
75,00
0
85,00
0
500
500.00
224.54
724.54
50,000
50,000
62,034
112,034
f.
Tax on P 500,000
125,000.
00
199,440.
41
324,440.
41
623,251.27 x 32%
Income tax due
9 a.
.
b.
c.
d.
Salary
- Compensation
10 a. Juan
.
Salary
150,0
00
50,000
75,000
125,0
00
25,00
0
500
3,000
3,500
10,100
( 6,6
00)
b. Maria
Salary
125,0
00
50,00
0
75,00
0
Taxable income
11 a
.
.
Tax on P 70,000
5,000 x 20%
Income tax due
Less: Withholding tax
Income tax payable
8,500
1,000
9,500
15,000
( 5,500)
( 6,600)
( 5,500)
12,100
150
200
12
2,400
c
.
d
.
1
2.
12
1,800
a
.
Compensation income
Less: Personal exemption
Basic personal
Additional (25,000 x 4)
Total compensation income
Tax on P 30,000
20,000 x 15%
Income tax due
200
8
1,600
200,000
50,000
100,000
150,0
00
50,000
2,500
3,000
5,500
b
.
Gross income
Less: Allowable deductions
Expenses
Basic personal
Additional exemptions
Taxable income
Tax on P 30,000
25,000 x 15%
Income tax due
c
.
105,000
50,000
100,000 255,00
0
(55,00
0)
2,500
3,750
6,250
Gross income
200,0
00
Less: Optional standard deductions
20,00
(200,000 x 10%)
0
Net income
180,00
0
Less: Basic personal and additional
150,00
exemptions
0
Taxable income
30,0
00
Income tax due P 30,000
1
3.
200,000
Compensation income
Business income
Gross income
Less: Deductions
Optional (186,000 x
40%)
Itemized
Personal exemption
Total
Taxable income
28,50
0
Case 1
125,0
00
186,0
00
311,0
00
Case 2
80,000
230,00
0
310,00
0
74,40
0
50,0
00
124,4
00
186,6
00
105,00
0
50,00
0
155,00
0
155,00
0
EXERCISE 6 2
1. ANSWER: B
Gross receipts
Less: Expenses
Prize, contest
Salary (37,600 + 2,400)
Rent income (38,000/95%)
Less: Depreciation
Total
950,00
0
120,00
0
40,000
8,000
Salary
Rent (40,000 38,000)
32,000
907,00
0
50,00
0
857,00
0
125,00
0
114,24
0
239,24
0
357,000 x 32%
830,00
0
5,000
40,000
142,50
0
2,400
2,00
0
146,90
0
92,34
0
3. ANSWER: B
Interest on preterminated deposit (20,000 x
12%)
Winnings in raffle (100,000 x 20%)
Dividend from C Corp. (6,000 x 10%)
Total final withholding tax
20,000
600
23,000
4. ANSWER: B
Interest on long-term bank deposit
Winnings in lotto
13th month pay
Life insurance benefits
40,000
20,000
3,500
150,00
2,400
0
20,00
0
233,50
0
Resident or
citizen
20%
NRA
ETB
20%
Tax table
20%
Exempt
20%
Exempt
5%
10%
10%
Not
taxable
20%
20%
10%
Tax
table
20%
Exempt
20%
Exempt
5%
20%
20%
7.5%
Exempt
20%
20%
10%
Tax table
ANSWER:
Under the Tax Reform Act, only resident citizens are taxable on
income derived from sources within and without the Philippines. All
others are taxable on income within only.
EXERCISE 64.2
INCOME
RC
YES
RA,
NRC
YES
Phils.
2. Rent on apartment in
YES
NO
Canada
NRA(ETB NRA(NET
)
B)
YES
YES
NO
NO
3. Dividend-domestic
YES
YES
YES
YES
corporation
4. Dividend-foreign corporation
5. Lotto winnings in the Phils.
6. Lotto winnings in U.S.A.
7. Cash prize on contest, Phils.
8. Cash prize on contest, U.S.A.
9. Interest, bank deposit in
YES
YES
NO
YES
YES
YES
NO
NO
NO
YES
NO
NO
NO
NO
NO
NO
NO
NO
YES
YES
NO
NO
NO
NO
U.S.A.
10. Interest bank deposit Phils.
YES
YES
YES
YES
Problem 6
4.3
1.
ANSWER: C
Taxpayer is resident citizen.
Compensation income,
Philippines
Business income, Philippines
120,00
0
350,00
0
5,000,0
00
5,470,0
00
220,00
0
3,750,00
0
50,000
25,000
Taxable income
Tax on P500,000
925,000 x 32%
Income tax due
Less: Withholding tax
Income tax payable
2.
ANSWER: C
Total final taxes paid:
125,000
296,000
421,000
10,000
411,200
3,970,0
00
1,500,0
00
75,0
00
1,425,0
00
40,00
0
10%
50,00
0
10%
4,000
5,000
9,000
ANSWER: A
Resident citizen opted to avail
of OSD.
Compensation income
Business income, Philippines
Business income, Canada
($200,000 x 25)
Total
Less: Optional deductions
(5,350,000 x 40%)
Net income
Less: Basic personal exemption
Taxable income
4.
120,00
0
350,00
0
5,000,00
0
5,350,00
0
2,140,00 3,210,00
0
0
3,330,0
00
50,0
00
3,280,0
00
ANSWER: B
Taxpayer is a resident alien.
Compensation income,
Philippines
Business income, Philippines
120,0
00
350,00
0
470,00
0
220,00
0
250,00
0
Gross income
Less: Expenses, Philippines
Net income
Less: Personal exemption
Basic personal
Additional exemption
(P25,000 x 4)
50,00
0
100,000
150,00
0
Taxable income
5.
ANSWER: A
Taxpayer becomes a nonresident
citizen.
Net income
Less: Basic personal exemption
Taxable income
6.
ANSWER: D
Nonresident alien ETB.
Business income, Philippines
Less: Expenses, Philippines
Net income
Less: Personal exemption (lower)
Taxable income
7.
250,00
0
50,0
00
200,00
0
350,0
00
220,00
0
130,00
0
20,00
0
110,00
0
ANSWER: D
Taxpayer is NRA NETB.
Business income, Philippines
Dividend from a domestic
company
Shares in net income of a
partnership
Gross income
Rate
Final tax
8.
100,00
0
ANSWER: D
Value of inheritance
Lotto winnings
350,0
00
40,000
50,00
0
440,00
0
25%
110,00
0
500,00
0
1,540,0
00
250,0
00
2,290,0
00
EXERCISE 65.1
ANSWER:
The term gross income means total sales, less cost of goods sold
plus any income from investments and from incidental or outside
operations or sources.
Deductions should not be made for items not ordinarily used in
computing the cost of goods sold.
PROBLEM 6-5.3
1.
ANSWER: A
Salary (99,000 + 5,000)
Professional income (83,000 + 7,000)
Gross income, business
Total
Less: Professional and business expenses
104,00
0
90,00
0
125,00
0
215,00
0
56,50
0
50,00
0
50,000
158,50
0
60,00
0
322,50
0
100,00
0
222,50
0
Taxable income
Tax on P 140,000
82,500 x 25%
Income tax due
Less: Tax credit
Withholding tax on Wages
P 5,000
Professional income
7,000
Rent (60,000-57,000)
3,000
Income tax payable
2.
ANSWER:
22,50
0
20,625
43,125
15,000
28,125
Salary
Gross receipts on business
Rent income
Professional income
Total
Less: Optional deductions (P275,000 x
40%)
Net income
Less: Personal exemption
Basic personal
Additional
104,00
0
P
125,00
0
60,000
90,00
0
275,00
0
110,00
0
50,0
00
50,000
Taxable income
Tax on P 140,000
29,000 x 25%
Income tax due
22,5
00
7,250
29,750
165,00
0
269,00
0
100,00
0
169,00
0
15,000
14,750
PROBLEM 6-5.4
1. ANSWER:
87,600
50,000
25,000
75,000
12,600
150,00
0
60,000
90,000
50,000
40,000
ANSWER:
ANSWER:
ANSWER:
ANSWER:
ANSWER:
ANSWER:
ANSWER:
ANSWER:
ANSWER:
ANSWER:
6-
1.
ANSWER:
50,00
0
Additional exemptions:
Legitimate child
Illegitimate child (recognized
natural child)
Total
2.
ANSWER:
25,0
00
25,0
00
50,00
0
100,0
00
ANSWER:
50,00
0
50,00
0
64,000
100,000
164,000
4.
ANSWER: B
Basic personal exemption
Additional exemption (25,000 x 3)
Total personal exemptions
5.
ANSWER: D
Professional fees
Allowances
Total
Less: Expenses
Salaries
Traveling expenses
Office supplies
Rent expense
Taxable income before exemption
Less:
Personal exemption (50,000
+[25,000 x 33])
Taxable income
6.
180,000
24,000
204,000
36,00
0
20,00
0
4,000
36,00
0
96,000
108,000
125,000
.
Answer: A
Gross compensation income
Less: Personal exemptions
Basic personal
Additional (25,000 x 4)
Taxable income
7.
50,000
75,000
125,000
120,000
50,00
0
100,0 150,000
00
270,000
Answer: C
Gross compensation income
Less: Personal exemptions
Basic personal
Additional (25,000 x 2)
Taxable income
220,000
50,00
0
50,00 100,000
0
120,000
ANSWER:
ANSWER:
ANSWER:
The tax base for resident citizens, resident aliens, and nonresident
citizens is taxable income, while nonresident aliens NETB are taxed on
the entire gross income derived from sources within the Philippines.
4.
ANSWER:
5.
ANSWER:
ANSWER:
ANSWER: C
Interest and dividends (taxpayer is
NRA ETB)
Less: Personal exemption
Taxable income
EXERCISES
1.
ANSWER:
64,00
0
50,000
14,000
68.1.
PREMIUM
PAYMENTS
ON
HOSPITALIZATION INSURANCE
HEALTH
AND/OR
ANSWER:
ANSWER:
200,0
00
50,000
25,000
2,400
77,40
0
122,6
00
EXERCISE 6.8.2
Case
1:
Case
2:
Case
3:
Case
4:
EXERCISES 6-9
1.
ANSWER:
ANSWER: D
None. Nonresident citizens are taxable only on income within.
3.
ANSWER: D
Gross compensation income
Less: Personal exemptions
Basic personal (head of family)
Additional (25,000 x 3)
157,756
50,000
75,000
Taxable income
Tax on P 30,000
2,756 x 15%
Income tax due
4.
125,00
0
32,756
2,500.00
413.40
2,913.40
ANSWER: C
Compensation income
Add: Professional income
Less: Expenses
Total
Less: Exemptions
Basic personal
Additional
Taxable income
Tax on P140,000
48,000 x 25%
Income tax due
5.
ANSWER: D
Refer to the solution to Problem 6.
6.
ANSWER: A
Salary (P191,000 + 25,000)
Add: Taxable other benefits
13th month pay
Other benefits
Total
Less: Exemption
53,000
350,000
140,000
50,000
25,000
210,000
263,000
75,000
188,000
22,500
12,000
34,500
216,000
18,000
15,000
33,000
30,000
3,000
Total
Less: Personal exemption
Taxable income
Tax on P 140,000
29,000 x 25%
Income tax due
Less: Withholding tax
Income tax payable
7.
219,000
50,000
169,000
22,500
7,250
29,750
25,000
4,750
ANSWER: D
Gross income, restaurant
Taxable other income (200,000
x 80%)
Total
Less: Deductions
Business expenses (900,000 x 60%)
x85%
Basic personal exemption
Additional exemption
Taxable income
8.
900,000
160,000
1,060,0
00
459,000
50,000
25,000
534,000
526,000
ANSWER: A
Basic salary
Cost of living allowance
Hazard pay
210,549.
76
6,000.00
3,600.00
P156,890.00
67,500.00
50,000.00
2,861.93
9,600.0
0
220,149.
76
89,390.
00
309,539.
76
50,000.
00
259,539.
76
52,861.93
27,609.50
25,252.37
ANSWER: B
Business income, Phils., 1/1 4/30
Less: Expenses, Phils.
Business income, Phils., 5/1 - 12/31
540,000
Less: Expenses, Phils.
247,500
Professional income
Dividend from foreign corporation (1,500 x 60)
Total
Less: Personal exemption (head of family)
Taxable income
Tax on P 250,000
128,000 x 30%
Income tax due
10
.
40,000
17,000
292,50
0
22,500
90,000
23,000
405,000
428,000
50,000
378,000
50,00
0
38,400
88,400
ANSWER: B
Gross compensation income (210,438.24 +
6,000)
Less: Personal exemptions
Basic personal
Additional
216,438.
24
50,000.
00
75,000.
00
Taxable income
Tax on P 70,000
21,438.24 x 20%
Income tax due
Less: Withholding tax
Income tax payable
8,500.0
0
4,287.
65
12,787.
65
27,246.
40
(14,458.
75)
125,000
.00
91,438.
24
11
.
ANSWER: B
Basic salary (48,465.25 + 2,500)
50,965.2
5
50,000.0
0
965.25
48.26
( 431.
45)
( 383.
19)
ANSWER: B
Income tax due of Alex
(14,458.7
5)
( 383.1
9)
(14,841.
94)
ANSWER: A
Gross compensation income
Less: Personal exemptions
Basic personal
Additional (25,000 x 2)
220,00
0
50,00
0
50,000
Taxable income
14
.
100,0
00
120,000
ANSWER: C
Gross compensation income
Less: Personal exemptions
Basic personal
Additional
Taxable income
200,00
0
50,00
0
50,000
100,000
100,000
15
.
Answer: B
Salary - 1/1 to 6/30 (P8,000 x 6)
Add: Proceeds of insurance
Less: Premium payments (P5,000 x 20)
Gross income
Less: Personal exemption
Taxable income
48,000
500,00
0
100,000
400,000
448,000
50,000
398,000
EXERCISE 6-10.
The petition has merit.
Cooperatives are not required to withhold taxes on interest from savings and time deposits of
their members based on a BIR Ruling.
There is nothing in the ruling to suggest that it applies only when deposits are maintained in a
bank. Rather, the ruling clearly states, without any qualification, that since interest from any
Philippine currency bank deposit and yield or any other monetary benefit from deposit substitutes
are paid by banks, cooperatives are not required to withhold the corresponding tax on the interest
from savings and time deposits of their members. This interpretation was reiterated in BIR Ruling
[DA-591-2006] dated October 5, 2006, which was issued by Assistant Commissioner James H.
Roldan upon the request of the cooperatives for a confirmatory ruling on several issues, among
which is the alleged exemption of interest income on members deposit (over and above the share
capital holdings) from the 20% final withholding tax. In the said ruling, the BIR opined that:
xxxx
3. Exemption of interest income on members deposit (over and above the share capital holdings) from
the 20% Final Withholding Tax.
The National Internal Revenue Code states that a final tax at the rate of twenty percent (20%) is
hereby imposed upon the amount of interest on currency bank deposit and yield or any other monetary
benefit from the deposit substitutes and from trust funds and similar arrangement x x x for individuals
under Section 24(B)(1) and for domestic corporations under Section 27(D)(1). Considering the
members deposits with the cooperatives are not currency bank deposits nor deposit substitutes, Section
24(B)(1) and Section 27(D)(1), therefore, do not apply to members of cooperatives and to deposits of
primaries with federations, respectively.
Given that petitioner is a credit cooperative duly registered with the Cooperative Development
Authority (CDA), Section 24(B)(1) of the NIRC must be read together with RA 6938, as amended
by RA 9520.
Under Article 2 of RA 6938, as amended by RA 9520, it is a declared policy of the State to
foster the creation and growth of cooperatives as a practical vehicle for promoting self-reliance and
harnessing people power towards the attainment of economic development and social justice. Thus,
to encourage the formation of cooperatives and to create an atmosphere conducive to their growth
and development, the State extends all forms of assistance to them, one of which is providing
cooperatives a preferential tax treatment.
The legislative intent to give cooperatives a preferential tax treatment is apparent in Articles
61 and 62 of RA 6938, which read:
ART. 61. Tax Treatment of Cooperatives. Duly registered cooperatives under this Code which
do not transact any business with non-members or the general public shall not be subject to any
government taxes and fees imposed under the Internal Revenue Laws and other tax laws. Cooperatives
not falling under this article shall be governed by the succeeding section.
ART. 62. Tax and Other Exemptions. Cooperatives transacting business with both members and
nonmembers shall not be subject to tax on their transactions to members. Notwithstanding the provision
of any law or regulation to the contrary, such cooperatives dealing with nonmembers shall enjoy the
following tax exemptions; x x x.
This exemption extends to members of cooperatives. It must be emphasized that
cooperatives exist for the benefit of their members. In fact, the primary objective of every
cooperative is to provide goods and services to its members to enable them to attain increased
income, savings, investments, and productivity. Therefore, limiting the application of the tax
exemption to cooperatives would go against the very purpose of a credit cooperative. Extending
the exemption to members of cooperatives, on the other hand, would be consistent with the intent
of the legislature. Thus, although the tax exemption only mentions cooperatives, this should be
construed to include the members.
All told, we hold that petitioner is not liable to pay the assessed deficiency withholding taxes
on interest from the savings and time deposits of its members, as well as the delinquency interest
of 20% per annum.
In closing, cooperatives, including their members, deserve a preferential tax treatment
because of the vital role they play in the attainment of economic development and social justice.
CHAPTER 7
EXERCISES 7 1
1 a. By contributing P100,000 each with the intention of dividing
.
whatever profit is obtained, Atienza, Bauzon and Carmona have
formed a business partnership which is taxable as a corporation.
The registration with the Securities and Exchange Commission is
not an indispensable requisite in its formation.
In this case, the business organization formed will fall under the
phrase partnership no matter how created or organized, which is
included in the definition of a corporation.
b. The business organization formed is a corporation. The five
entrepreneurs served as the incorporators.
c.
A general
Classification
a. Domestic corporation
b. Resident foreign
corporation *
c. Nonresident foreign
corporation
Situs of Income
Tax Base
Within and
without
Within only
Taxable
income
Taxable
income
Gross
income
Within only
Domestic corporation
Sales domestic
Sales abroad
Gross sales
Less: Cost of goods
sold
Gross income
Less: Expenses
Domestic
Foreign
Total expenses
Taxable income
Rate
Income tax
Resident foreign
2008
2009
3,000,0
00
7,000,
000
10,000,
000
5,000,
000
5,000,0
00
3,000,0
00
7,000,
000
10,000,
000
5,000,
000
5,000,0
00
1,000,0
00
2,000,0
00
3,000,0
00
2,000,0
00
35
%
700,00
0
1,000,0
00
2,000,0
00
3,000,0
00
2,000,0
00
30
%
600,00
0
corporation
Sales domestic
Less: Cost of goods sold (3/10 x
5,000,000)
Gross income
Less: Expenses on domestic
sales
Taxable income
Rate of tax
Income tax
c
.
3,000,0
00
1,500,0
00
1,500,0
00
1,000,0
00
500,000
35
%
175,00
0
3,000,0
00
1,500,0
00
1,500,0
00
1,000,0
00
500,000
30%
3,000,0
00
400,00
0
3,400,0
00
35
%
1,190,0
00
3,000,0
00
400,00
0
3,400,0
00
30
%
1,020,0
00
150,000
Nonresident foreign
corporation
Sales domestic
Yield from deposit
substitute
Gross income
Rate
Income tax
5,000,0
00
4,700,0
00
300,000
30
%
90,000
100,000
Excess MCIT
( 10,00
0)
The counting of the four (4) year period shall commence in 2006 a
year following the year in which the corporation was registered with the
BIR.
The corporation is not covered by the MCIT from 2005 to 2009. It
shall be covered only in 2010 or on the 4th year following the year in
which it was registered with the Bureau of Internal Revenue.
5
.
Gross sales
Sales returns and discounts
Cost of goods sold
Total
Net
Add: Capital gain
Gross income
Less: Deductions
Taxable income
Rate of tax
Normal Income tax
MCIT:
2007 (3,550,000 x 2%)
2008 (4,455,000 x 2%)
2009 (1,390,000 x 2%)
Income tax
Excess MCIT 2007 (71,000
24,360)
Less: Carry forward of excess
MCIT
2007
2008
2009
4,580,0
00
200,00
0
860,0
00
1,060,0
00
3,520,0
00
30,0
00
3,550,
000
3,480,4
00
69,600
5,250,0
00
175,00
0
620,0
00
795,0
00
4,455,0
00
2,850,0
00
295,00
0
1,200,0
00
1,495,0
00
1,355,0
00
35,0
00
1,390,
000
850,0
00
540,00
0
30
%
162,00
0
35
%
24,360
.
4,455,0
00
4,200,0
00
255,00
0
35
%
89,250
71,000
89,100
.
71,00
0
46,64
0
.
89,250
46,64
0
27,80
0
162,00
0
______
71,00
0
Sales
Sales returns and allowances
Sales discounts
6,000,0
00
200,00
0
15,00
0
Net sales
Less: Cost of goods sold
Inventory, January 1
Purchases
Freight-in
Purchase returns and
allowances
Purchase discounts
Goods available for sale
Inventory, December 31
Gross income
Less: Operating expenses
Taxable income
Rate of tax
Normal Income tax
b MCIT (3,787,000 x 2%)
.
c
.
42,61
0
2,400,0
00
1,500,0
00
35,000
( 30,00
0)
(
7,00
0)
3,898,0
00
1,900,0
00
215,0
00
5,785,0
00
1,998,0
00
3,787,0
00
1,600,0
00
2,187,0
00
35
%
765,4
50
75,7
40
765,4
50
7 Gross sales
.
Less: Cost of sales
2,000,
000
1,600,
000
162,00
0
Gross income
Less:
Optional
deduction
Gross income
Rate
400,00
0
standard
400,000
40%
160,00
0
240,00
0
a
.
b
.
If the income from unrelated activity is more than the income from
related the Arts University would be subject to a tax rate of 35%
until 2008 and 30% effective 2009.
9
.
2006
a
.
50,000
50,0
00
15,000
15,0
00
65,000
65,0
00
2007
The corporation is not allowed to carry forward and credit the 2006
excess MCIT against the income tax liability for 2007, since the
2007 MCIT is greater than the normal income tax for said year.
85,000
85,000
15,000
15,000
100,00
0
Cash in bank
100,00
0
2008
The corporation is not allowed to carry forward and credit the
2006 and 2007 excess MCIT against the normal income tax liability
for 2008 and 2009 since the 2008 and 2009 MCIT are greater than
the Normal Income Tax for said year.
The accounting entries in 2008 and 2009 shall be similar to
2006 and 2007 above.
For taxable year 2010 when the expired portion of excess MCIT
(65,000 50,000) for taxable year 2006 is closed to Retained
Earnings account due to its non-application the entry is:
Retained earnings
Deferred charges MCIT
10
.
1
.
Tuition fees
School canteen
Dormitories
Bookstores
Car stickers
Total
2
.
15,000
15,000
1,560,0
00
250,000
95,000
48,000
8,30
0
1,961,3
00
11
.
3
.
a
.
Gross receipts
4,500,0
00
1,200,0
00
3,300,0
00
680,0
00
2,620,0
00
35
%
917,0
00
Taxable income
2,620,0
00
75,000
42,00
0
2,737,0
00
375,000
917,000
15,000
8,400
1,500,0
00
2,815,4
00
( 78,4
00)
P
110,000
100,000
10,000
5%
500
EXERCISES 72
72.1
1.
ANSWER: A
2.
ANSWER: C
3.
Answer: D
For purposes of MCIT, the taxable year in which business
operations commenced shall be the year in which the domestic
corporation is registered with the Bureau of Internal Revenue.
Firms registered with BIR in any year shall be covered by MCIT
after the lapse of three calendar years.
The corporation is registered with BIR in 2004. Therefore, it
shall be subject to MCIT effective 2008.
4.
ANSWER: D
Gross income
Less: Deductions
Taxable income
Rate of tax
Normal income tax
MCIT (P852,000 x 2%)
Income tax payable (higher)
5.
Answer: C
Gross income
Less: Deductions
Taxable income
Rate of tax
Normal income tax
MCIT (P632,000 x 2%)
Income tax payable (higher)
852,
000
800,00
0
52,000
30
%
15,600
17,040
17,040
632,00
0
610,00
0
22,000
35
%
7,70
0
12,640
12,640
PROBLEM 7-2.2
1.
2.
3.
ANSWER: C
Minimum Corporate Income Tax
Less: Normal income tax
Excess of MCIT over NIT
50,000
20,000
30,000
Entry:
Deferred charges - MCIT
Income tax payable
30,000
ANSWER: A
Retained earnings
Deferred charges - MCIT
30,000
ANSWER: B
2005
2006
2007
Total excess of MCIT over NIT
Journal entry:
Income tax payable
Deferred charges MCIT
30,000
30,000
27,000
5,000
10,000
42,000
42,000
42,000
PROBLEM 72.3:
1. ANSWER: B
Income tax, 1st Qtr (NIT higher)
Less: Taxes withheld Prior year
Taxes withheld 1st qtr
Excess MCIT prior year
Income tax due, 1st Qtr (normal
income tax)
2.
100,00
0
10,000
20,000
30,000
ANSWER: B
Income tax, 2nd Qtr (MCIT higher)
Less: Taxes withheld Prior year
Taxes withheld 1st qtr
Taxes withheld 2nd qtr
Net income tax payment 1st
Qtr
60,000
40,000
330,00
0
10,000
20,000
30,000
40,000
100,00
0
230,00
0
ANSWER: C
Income tax, 3rd Qtr (NIT higher)
Less: Taxes withheld Prior year
Taxes withheld 1st qtr
Taxes withheld 2nd qtr
Taxes withheld 3rd qtr
Net income tax payment 1st
Qtr
MCIT paid in the 2nd Qtr
Excess MCIT in prior year
470,00
0
10,000
20,000
30,000
40,000
40,000
230,000
30,000
ANSWER: C
Annual income tax (NIT higher)
Less: Taxes withheld Prior year
Taxes withheld 1st qtr
Taxes withheld 2nd qtr
Taxes withheld 3rd qtr
Taxes withheld 4th qtr
Net income tax payment 1st
Qtr
Net income tax payment 3rd
Qtr
MCIT paid in the 2nd Qtr
Excess MCIT in prior year
670,00
0
10,000
20,000
30,000
40,000
35,000
40,000
70,000
230,000
30,000
ANSWER: A
Annual income tax (MCIT higher)
Less: Taxes withheld Prior year
Taxes withheld 1st qtr
Taxes withheld 2nd qtr
Taxes withheld 3rd qtr
Taxes withheld 4th qtr
Net income tax payment 1st
Qtr
Net income tax payment 3rd
400,00
0
70,00
0
505,00
0
165,0
00
550,00
0
10,000
20,000
30,000
40,000
35,000
40,000
70,000
Qtr
230,000
EXERCISE 73
1. ANSWER: A
Gross income
Less: Deductions
Expenses
NOLCO
2,950,0
00
1,750,0
00
300,00
0
Taxable income
Rate of tax
Income tax due
2.
ANSWER: D
Taxable income
Add: Interest on bank deposit
(16,000/80%)
Proceeds of insurance
NOLCO
Dividends from ABB
ANSWER: D
ANSWER: D
2,050,0
00
900,000
35
%
315,00
0
900,000
20,000
1,200,0
00
300,00
0
75,00
0
Total
Less: Dividends paid
Income tax paid
Interest on bank deposit
(20,000 16,000)
Improperly accumulated taxable
income
Rate
475,00
0
75,0
00
500,000
315,000
4,000
1,595,0
00
2,495,0
00
819,00
0
1,676,0
00
10
%
167,60
0
5.
ANSWER: C
PROBLEM
7-
4.1
1. ANSWER: C
Gross income
11,230,0
00
Less: Expenses
Salary, allowances and bonus
6,400,000
Other operating expenses
2,600,000
Depreciation of additional
school facilities:
Classrooms (1,300,000/20 x 48,750
9/12)
Furniture & equipment
10,0
(400,000/20 x 6/12)
00
Taxable income
Rate of tax
Income tax
2.
ANSWER: D
Tuition fees
9,500,00
0
1,200,00
0
350,000
180,00
0
11,230,0
00
Miscellaneous fees
Income of bookstore
Income of school canteen
Gross income
Less: Expenses
Salary, allowances and
bonus
Other operating expenses
Construction of additional
classrooms
Furniture and equipment
Taxable income
Rate of tax
Income tax
9,058,75
0
2,171,25
0
10%
217,12
5
6,400,000
2,600,000
1,300,000
400,000
10,700,0
00
530,000
10
%
53,00
0
3.
ANSWER: B
A public elementary school is also a government educational
institution. They are exempt from income tax under Sec. 30 of the
National Internal Revenue Code.
A non-stock, non-profit educational institution is exempt from
tax under Article XIV, Sec. 4[3], [4] of the Constitution.
A non-profit educational institution is subject to an income tax
rate of 10%.
4.
ANSWER:
PROBLEM 74.2
1. ANSWER: A
Gross income
Less: Deductions
Operating expenses
Cost of building
10,000,0
00
6,400,0
00
2,500,0
00
Taxable income
Rate of tax
Income tax due
2.
ANSWER: C
Gross income
Less: Deductions
Operating expenses
Depreciation(2,500,000/50x6/
12)
Taxable income
Rate of tax
Income tax due
3.
8,900,00
0
1,100,00
0
10%
110,00
0
10,000,0
00
6,400,0
00
25,00
0
6,425,00
0
3,575,00
0
10%
357,50
0
ANSWER: B
The importation of laboratory equipments are exempt from customs
duties if the school is a private educational institutions.
The school building, even if rented only by the school, if being used
actually, directly and exclusively for educational purpose is exempt from
real property tax.
The portion of the school building is subject to real estate tax
because it is not being used actually, directly and exclusively for
educational purpose.
The income from operation is taxable. Only income received by
non-stock non-profit educational institutions and government
educational institutions are exempt.
4.
ANSWER:
EXERCISES 7 5
PROBLEM 75.1.
1. ANSWER: A
Gross income, Philippines
Less: Expenses, Philippines
Gross income, U.S.A.
Less: Expenses, USA
Royalties, USA
Taxable income
Rate of tax (2008)
Income tax
2.
P
740,00
0
425,00
0
690,00
0
450,00
0
P
315,00
0
240,00
0
50,00
0
605,00
0
35%
211,75
0
ANSWER: C
Gross income, Phils.
Less: Expenses
Taxable income
Rate of tax (2008)
Income tax
740,00
0
425,00
0
315,00
0
35%
110,25
0
3.
ANSWER: A
Gross income, Philippines
740,00
0
10,00
0
750,00
0
35%
262,50
0
ANSWER: A
PROBLEM 7
5.2
ANSWER: D
Gross income, Phils.
Less: Deductions
Gross income, USA
Less: Deductions
Taxable income
Rate (2009)
Income tax
PROBLEM 7
5.3
ANSWER:
Less: Deductions
Taxable income
Rate of tax (2008)
PROBLEM 7
5.4
60,00
0
30,000
120,00
0
30,00
0
150,00
0
30%
45,000
Income tax
200,00
0
80,000
2,800,0
00
1,300,0
00
1,500,0
00
35
%
525,0
00
1.
ANSWER: B
Gross income, Philippines
Less: Expenses, Phils.
1,200,000
800,000
00
920,00
0
3,440,0
00
3,840,0
00
30
%
1,152,0
00
1,200,0
00
800,00
0
400,000
30%
120,000
ANSWER: D
Gross income, Philippines
Rate of tax
Final tax
2,520,0
ANSWER: C
Gross income, Philippines
3.
400,00
0
1,200,0
00
30
%
360,00
0
ANSWER: A
Gross income
Rate of tax
Income tax
1,200,0
00
2.5
%
30,00
0
5.
ANSWER: B
Gross income, Philippines
Less: Expenses, Philippines
Taxable income
Rate of tax
Income tax
Amount remitted to mother company
(400,000 - 120,000)
Rate of tax
Branch profit remittance tax
6.
1,200,0
00
800,00
0
400,000
30
%
120,00
0
280,000
15%
42,000
ANSWER: A
Exempt from branch profit remittance
tax.
7.
ANSWER: B
Gross income
Rate of tax
Final tax
8.
1,200,0
00
25
%
300,00
0
ANSWER: B
Gross income
Rate of tax
Final tax
1,200,0
00
4.5
%
54,00
0
EXERCISE 7 6
1. ANSWER: A
2.
ANSWER:
3.
ANSWER: B
Net income after tax
C
40,000,0
00
Rate of tax
Branch profit remittance tax
4.
ANSWER: C
Net income after tax
Royalty
Dividend
Total
Less: Branch profit remittance tax
Amount to be remitted to head office
5.
ANSWER: B
6.
ANSWER: D
15%
6,000,00
0
40,000,0
00
3,500,00
0
4,000,0
00
47,500,0
00
6,000,0
00
41,500,0
00
ANSWER:
8.
ANSWER: C
All assets of a non-stock non-profit educational institution are
exempt from customs duties on importation.
ANSWER: B
Cuentas en participacion is considered as a corporation subject to
corporate tax.
General professional partnerships and co-ownerships are not
subject to income tax.
A joint venture which is formed for the purpose of undertaking
energy operations with the government are exempt from tax.
2.
ANSWER: A
An individual permanently residing in the Philippines is classified
ANSWER: D
Domestic corporations and resident foreign corporations are taxed
based on taxable income.
Non-profit cemeteries are exempt from income tax.
Nonresident foreign corporations are not allowed to claim
deductions for purposes of income taxation. They are taxed based
entirely on gross income derived from sources within the Philippines.
4.
ANSWER:
5.
ANSWER: D
6.
ANSWER: D
Dividends received by individuals from a domestic company are
subject to final tax of 10%.
The rule on tax sparing credit applies only when the dividends are
received by nonresident foreign from a domestic corporations.
7.
ANSWER: B
Sales (2,968,000 /112%)
P2,650,
000
1,725,0
00
925,000
345,000
450,000
795,000
130,000
35%
45,500
Excess income taxes paid in a year that could not be applied as tax credit to
taxes due the following year may be refunded the next year.
Thus, if the excess income taxes paid in 2005 have not been entirely used by
a taxable corporation against its quarterly income tax liabilities for 2006,
the unused amount of the excess may still be refunded, provided that the
claim for such a refund is made within two years after payment of the tax.
13,929,793.
51
4,187,523.0
0
13,929,793.
51
9,742,270.5
1*
* Claim for refund should be made not later that April 15, 2007.