Professional Documents
Culture Documents
I. Pro-Forma Computation
Gross receipts/sales xx
Less: Cost of service/sales (xx)
Gross income from business or profession xx
Add: Passive Incomes, not subjected to final tax xx
Capital Gains, not subjected to CGT xx
Total Gross Income xx
Less: Deductions for:
Itemized Deductions or OSD (xx)
Net Operating Loss Carry-Over (NOLCO) (xx)
Taxable Income xx
*NCLCO is not applicable since the holding period is also not applicable.
II. Overview
The term ‘corporation’ includes partnerships, no matter how created or organized, joint-stock companies,
joint accounts (cuentas en participacion), associations, or insurance companies, but does not include
general professional partnerships (GPPs) and joint venture or consortium formed for the purpose of
undertaking construction porjects or engaging in petroleum operation, coal, geothermal and other energy
operations pursuant to an operating or consortium agreement under a service contract with the Government.
1. Domestic corporations are taxed on worldwide income, at 30% of the taxable income.
2. Resident foreign corporations are taxed on incomes from the Philippines only, at 30% of the taxable income.
3. Non- Resident foreign corporations are taxed on incomes from the Philippines only, at 30% of the gross
income.
Note:
a. GPPs are partnerships formed by persons for the sole purpose of exercising their common profession, no
part of the income of which is derived from engaging in any trade or business.
The components of gross income for individuals are also the same in the case of corporate taxpayers. (See
discussions on Gross Income for individuals, Lecture 2)
Only domestic corporations and resident foreign corporations may avail such GIT.
Requirements:
a. A tax ratio of 20% of Gross National Products
b. A ratio of 40% income tax collection of total tax revenues
c. A VAT tax effort of 4% of GNP
d. A 0.9% ratio of consolidated public sector financial position to GNP
e. Available only to firms whose ratio of cost of sales to gross sales or receipts from all sources is 55%.
f. The election shall be irrevocable for three (3) consecutive year
g. Recommendation from the Secretary of Finance
h. Subject to approval of the Office of the President
The following are exempt from MCIT (these are special corporations):
a. Domestic corporations operating as proprietary (private) educational institutions subject to tax at 10% on
their taxable income;
b. Domestic corporations engaged in hospital operations which are nonprofit subject to tax at 10% on their
taxable income;
c. Domestic corporations engaged in business as depository banks under the expanded foreign currency
deposit system on their income from foreign currency transactions which has been subjected to final tax at
10%;
d. Resident foreign corporations engaged in business as “international carrier” subject to tax at 2 ½% of their
Gross Philippine Billings;
e. Resident foreign corporations engaged in busines as Offshore Banking Units (OBUs) on their income from
foreign currency transactions which has been subjected to a final income tax at 10% of such income;
f. Resident foreign corporations engaged in business as regional area headquarters subject to tax at 10% of
their taxable income; and
g. Firms that are taxed under a special income tax system
The computation and payment of MCIT, shall likewise apply at the time of filing the quarterly corporate
income tax.
In the computation of the tax due for the taxable quarter, if the quarterly MCIT is higher than the quarterly
normal income tax, the tax due to be paid for such taxable quarter at the time of filing the quarterly corporate
income tax return shall be the MCIT.
Lecture 3: INCOME TAXATION – CORPORATION
The rate of 10% of the Improperly Accumulated Taxable Income, computed as follows:
Taxable Income for the Year xx
Add:
Income exempt from tax xx
Income excluded from gross income xx
Income subject to final tax, net xx
NOLCO xx
Less:
Income tax paid for the taxable year (xx)
Dividends actually or constructively paid/issued
from the applicable year’s taxable income (xx)
Amount reserved for the reasonable needs (xx)
Tax Base for IAET xx
Note: Earnings for the reasonable needs are enumerated as follows [Revenue Regulation No. 2-2001]:
1. Allowance for the increase in the accumulation of earnings up to 100% of the paid-up capital of the
corporation as of the balance sheet date, inclusive of accumulation taken from other years;
2. Earnings reserved for definite corporate expansion or projects as approved by the board;
3. Earnings reserved for building, plants or equipment acquisition as approved by the board;
4. Earnings reserved for compliance with any loan covenant or pre-existing obligation established
under a legitimate business agreement;
5. Earnings required by law or applicable regulations to be retained by the corporation;
6. In case of subsidiaries of foreign corporations in the Philippines, all undistributed earnings intended
or reserved investments within the Philippines as can be proven by corporate records.
Applicability:
a. Shall apply to every corporation formed or availed for the purpose of avoiding the income tax with respect
to its shareholders or shareholders of any other corporation, by permitting earnings and profits to
accumulate instead of being divided or distributed. These are:
i. Domestic corporations
ii. Closely-held corporations
Exceptions:
a. Publicly-held corporations
b. Banks and other non-banks financial intermediaries
c. Insurance companies
d. Taxable (business) partnerships (deemed to have actually or constructively received the taxable income
under Sec. 73D)
e. General professional partnerships
f. Non-taxable joint ventures
g. Enterprises duly registered with the Philippine Economic Zone Authority under R.A. 7916 and enterprises
registered pursuant to the Bases, Conversion and Development Act of 1992 under R.A. 7227
Lecture 3: INCOME TAXATION – CORPORATION
Income Tax Return (BIR Form) Deadline for Filing and Payment
Annual Income Tax Return – Corporate On or before the 15th day of the 4th month of the
(BIR Form 1702) following the close of the taxable year
Annual Income Tax Return – Self-Employed On or before the 15th day of the 4th month of the
Individual (BIR Form 1701) following the close of the taxable year
Quarterly Income Tax Return (BIR Form 1702Q) Within 60 days after the end of each first 3 quarters
of the taxable year
b. Membership fees
c. Other assessments/charges
- The previous interpretation that the assessment dues are funds which are merely held in trust by a
condominium corporation lacks legal basis and is hereby abandoned.
Note: The same rule applies to homeowner’s association per RMC No. 9-2013 dated January 9,
2013
- Exception:
a. Unless the taxpayer’s mainline of business is transport operations or lease of transportation
equipment and the vehicles purchased are used in the said operations.
- This regulation shall take effect immediately. (Published in October 17, 2012)
6. Clarifying the Taxability of Clubs Organized and Operated Exclusively for Pleasure, Recreation and
Other Non-Profit Purposes
Revenue Memorandum Circular (RMC) No. 35 – 2012 dated August 3, 2012
- Clubs which are organized and operated exclusively for pleasure, recreation and other non-profit
purposes are subject to income tax under the Tax Code, as amended.
- Background:
The provision in the NIRC of 1977 which granted income tax exemption to such recreational
clubs were omitted in the current of tax exempt corporations under NIRC of 1997, as amended.
HENCE, the income of recreational clubs from whatever source, including but not limited to
membership fees, assessment dues, rental income, and service fees are subject to income
tax.