Professional Documents
Culture Documents
TMP - 21877 RTB Taxation 1 Final Syllabus 2016 2017 1371615964
TMP - 21877 RTB Taxation 1 Final Syllabus 2016 2017 1371615964
COURSE OUTLINE1
for
Taxation 1
2 Semester School year 2016-2017
nd
LECTURER
SCHEDULE
Saturday
2-5 pm
GRADING SYSTEM
Attendance/Recitation 30%
Midterm Examination 30%
Final Examination 40%
COURSE DESCRIPTION
This course introduces the general principles of taxation and statutory provisions
on income taxation including pertinent revenue regulations. The main topics that
will be covered include: the general principles of taxation, sources of income,
determining income from employment, income from business, and income from
property, deductions from business and property income, capital gains and
losses, other income and deductions, computation of taxable income and tax
administration.
COURSE OBJECTIVES:
1
Based on the course outline of Atty. Carlos G. Baniqued in Tax II, Ateneo de Manila University School of Law, as revised
and updated by Atty. Terence Conrad H. Bello.
2
After successfully completing this course, the students are able to:
METHOD OF TEACHING
COURSE OUTLINE
VIII. TAXES
1. Definition
71 Amjur 2nd 343-346
b. License Fees
Case:
PAL v. Edu, supra
c. Special assessment/Levies
Case:
Apostolic Prefect v Treasurer of Baguio, 71 Phil. 547
d. Tolls
e. Penalties
Case:
NDC v. CIR 151 SCRA 472
I. Inherent Limitations
A. Public Purpose of Taxes
Cases
1. Lutz v. Araneta, supra
2. Pascual v. Sec. of Public Works 110 Phil. 331
D. International Comity
Sec. 2 Art. 11, 1987 Constitution
Case:
Tanada v. Angara, GR 118295, May 2, 1997
A. Due process
Sec. 1, Art. III, 1987 Constitution
Cases:
1. Phil. Bank of Commerce v. CIR 302 SCRA 241
2. Sison v. Ancheta, supra
3. Com. Of Customs v CTA & Campos Rueda Co., 152 SCRA 641
B. Equal protection
Sec. 1, Art. III, 1987 Constitution
Cases:
1. Ormoc Sugar Co. v. Treasurer of Ormoc City, 22 SCRA 603
2. Villegas v. Hsui Chiong Tsai Pao, 86 SCRA 270
6
C. Religious freedom
Sec. 5, Art. III, 1987 Constitution
Case:
American Bible Society v. Manila 101 Phil. 386
D. Non-impairment of contracts
Sec. 10, Art. III and Sec.11, Art. XII, 1987 Constitution
Cases:
1. CIR v. Lingayen Gul Electric Co., 164 SCRA 67
2. Misamis Oriental v. CEPALCO, 181 SCRA 38
3. Cagayan Electric Power & light Co., Inc. v CIR G.R. NO. L-60126
September 25, 1985
4.Manila Electric Co. v Province of Laguna G.R. No.131359, May 5
1999,
N. Taxation by LGUs
Sec. 5, Article X, 1987 Constitution
I. Double taxation
a. Direct Double Taxation
Case: Villanueva v City of Iloilo G.R. No. L-26251, December 28, 1968
b. Indirect Double Taxation
c. Constitutionality of double taxation
d. Modes of eliminating double taxation
Cases:
1. CIR v. SC Johnson & Sons, Inc. 309 SCRA 87
2. Procter & Gamble Co. v. Mun of Jagna, 94 SCRA 894
3. Sanchez v. CIR 97 Phil. 867
V. Tax Amnesty:
Case: Republic v IAC; G.R. No. L-69344, April 26, 1991
i. Constitution
ii. Statutes
iii. Issuances by the Secretary of Finance
iv. Administrative Issuances by the BIR
Cases:
1. CIR v. CA and Fortune, GR No. 119761, 29 August 1996
2. PB Com v. CIR, 302 SCRA 241
v. Tax Ordinances
Case:
Tuazon v. CA, 212 SCRA 739
vi. Tax Treaties
Case:
Tanada v. Angara, GR118295, May 2, 1997
vii. Case Laws
F. Taxation as a process
Stages in the Tax process
1. Levy
2. Assessment and Collection
3. Payment
4. Refund
A. Income
Sec. 36 Revenue Regulations No. 2
Cases:
1. Conwi v. CTA, 213 SCRA 83
2. CIR v. BOAC, 149 SCRA 395
3. Madrigal v. Rafferty, 38 Phil. 414
B. Income Taxation
1. Income Tax Systems
2. Features of the Philippine Income Tax Law
2
11
D. Tax Treaties
E. Taxable Period
F. Taxpayers
1. Individual Taxpayers
a. Citizens
i. Resident citizens
ii. Non-resident citizens
iii. Overseas Filipino Worker
b. Aliens
i. Resident aliens
ii. Non-resident aliens
a. Engaged in trade or business
b. Not engaged in trade or business
c. Special Class of Individual Employees
i. Minimum wage earner
2. Corporations
a. Domestic corporations
b. Foreign corporations
i. Resident foreign corporations
ii. Non-resident foreign corporations
3. Partnerships
a. General Professional Partnerships
5. Co-ownerships
G. Income
a. Definition
12
b. Nature
c. When income is taxable
d. Tests in determining whether income is earned for tax purposes
F. Gross Income
a. Definition
b. Concept of income from whatever source derived
c. Gross Income vis--vis Net Income vis--vis Taxable Income
d. Classification of Income as to Source
c. Taxes
d. Losses
1. Requisites for deductibility
Cases:
1. Fernandez Hermanos v. CIR, 29 SCRA 552
2. Plaridel Security v. CIR, 21 SCRA 1187
2. Other types of losses
a. Capital losses
b. Securities becoming worthless
c. Losses on wash sales of stocks or securities
d. Wagering losses
e. NOLCO
Rev. Regs. 14-2001
75% interest retention rule
Case:
PICOP v. CIR, GR No. L-106949, 1 December 1995
e. Bad debts
Requisites for deductibility
Case:
Phil. Refining v. CA, 256 SCRA 667
f. Depreciation
1. Requisites for deductibility
2. Methods of computing depreciation allowance
a. Straight-line method
b. Declining-balance method
c. Sum-of-the-years-digit method
Case:
16
J. Exempt Corporations
3. Deductions
c. Taxation of compensation income of a minimum wage earner
d. Taxation of Business Income/Income from Practice of Profession
e. Taxation of Passive Income
f. Taxation of capital gains
a. Tax payable
1.Regular tax
2. Minimum corporate income tax (MCIT)
b. Allowable deductions
1. Itemized deductions
2. Optional standard deduction
c. Taxation of Passive Income
d. Taxation of Capital Gains
e. Tax on proprietary educational institutions and hospitals
f. Tax on government-owned or controlled corporations, agencies or
instrumentalities
g. Large Taxpayers
Revenue Regulations No. 1-98
V. Withholding tax
a. Concept
b. Kinds
1.Withholding of final tax o certain incomes
2. Withholding of creditable tax at source
c. Withholding on wages
1. Requirement for withholding
2. Tax paid by recipient
3. Refunds or credits
4. Year-end adjustment
5. Liability for tax
d. Withholding of VAT
e. Filing of return and payment of taxes withheld
f. Final withholding tax at source
g. Creditable withholding tax
h. Fringe benefit tax
W. Tax returns
I. Income Tax Returns
1. Individual Tax Returns
a. Filing of individual tax returns
i. Who are required to file
a. Return of husband and wife
b. Return of parent to include income of children
c. Return of persons under disability
ii. Who are not required to file
iii. Where to file
iv. When to file
2. Corporate Returns
a. Requirement for filing returns
1. Declaration of quarterly corporate income tax
2. Final adjustment return
3. Taxable year of corporations
4. Extension of time to file return
b. Return of corporation contemplating dissolution or reorganization
c. Return on capital gains realized from sale of shares of stock not
20