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TAXATION ATTY. MACMOD, C.P.A.

Individual and Corporate 2019 Ed.


Income Taxpayers

Definition of Terms: (I) The term 'nonresident foreign corporation'applies


to a foreign corporation not engaged in trade or business
(A) The term 'person' means an individual, a trust, estate within the Philippines.
or corporation.
(J) The term 'fiduciary' means a guardian, trustee,
(B) The term 'corporation' shall include partnerships, no executor, administrator, receiver, conservator or any
matter how created or organized, joint-stock companies, person acting in any fiduciary capacity for any person.
joint accounts (cuentas en participacion), association, or
insurance companies, but does not include general (K) The term 'withholding agent' means any person
professional partnerships and a joint venture or consortium required to deduct and withhold any tax under the
formed for the purpose of undertaking construction provisions of Section 57.
projects or engaging in petroleum, coal, geothermal and
other energy operations pursuant to an operating (L) The term 'shares of stock' shall include shares of
consortium agreement under a service contract with the stock of a corporation, warrants and/or options to
Government. 'General professional partnerships' are purchase shares of stock, as well as units of participation
partnerships formed by persons for the sole purpose of in a partnership (except general professional
exercising their common profession, no part of the income partnerships), joint stock companies, joint accounts, joint
of which is derived from engaging in any trade or business. ventures taxable as corporations, associations and
recreation or amusement clubs (such as golf, polo or
(C) The term 'domestic,' when applied to a corporation, similar clubs), and mutual fund certificates.
means created or organized in the Philippines or under its
laws. (M) The term 'shareholder' shall include holders of a
share/s of stock, warrant/s and/or option/s to purchase
(D) The term 'foreign,' when applied to a corporation, shares of stock of a corporation, as well as a holder of a
means a corporation which is not domestic. unit of participation in a partnership (except general
professional partnerships) in a joint stock company, a joint
(E) The term 'nonresident citizen' means: account, a taxable joint venture, a member of an
association, recreation or amusement club (such as golf,
polo or similar clubs) and a holder of a mutual fund
(1) A citizen of the Philippines who establishes to the
certificate, a member in an association, joint-stock
satisfaction of the Commissioner the fact of his physical
company, or insurance company.
presence abroad with a definite intention to reside therein.

(N) The term 'taxpayer' means any person subject to tax


(2) A citizen of the Philippines who leaves the Philippines
imposed by this Title.
during the taxable year to reside abroad, either as an
immigrant or for employment on a permanent basis.
(O) The terms 'including' and 'includes', when used in a
definition contained in this Title, shall not be deemed to
(3) A citizen of the Philippines who works and derives
exclude other things otherwise within the meaning of the
income from abroad and whose employment thereat
term defined.
requires him to be physically present abroad most of the
time during the taxable year.
(P) The term 'taxable year' means the calendar year, or
the fiscal year ending during such calendar year, upon the
(4) A citizen who has been previously considered as
basis of which the net income is computed under this Title.
nonresident citizen and who arrives in the Philippines at
'Taxable year' includes, in the case of a return made for a
any time during the taxable year to reside permanently in
fractional part of a year under the provisions of this Title or
the Philippines shall likewise be treated as a nonresident
under rules and regulations prescribed by the Secretary of
citizen for the taxable year in which he arrives in the
Finance, upon recommendation of the commissioner, the
Philippines with respect to his income derived from sources
period for which such return is made.
abroad until the date of his arrival in the Philippines.

(Q) The term 'fiscal year' means an accounting period of


(5) The taxpayer shall submit proof to the Commissioner
twelve (12) months ending on the last day of any month
to show his intention of leaving the Philippines to reside
other than December.
permanently abroad or to return to and reside in the
Philippines as the case may be for purpose of this
Section.(F) The term 'resident alien' means an individual (R) The terms 'paid or incurred' and 'paid or accrued'
whose residence is within the Philippines and who is not a shall be construed according to the method of accounting
citizen thereof. upon the basis of which the net income is computed under
this Title.
(G) The term 'nonresident alien' means an individual
whose residence is not within the Philippines and who is (S) The term 'trade or business' includes the
not a citizen thereof. performance of the functions of a public office.

(H) The term 'resident foreign corporation' applies to a (T) The term 'securities' means shares of stock in a
foreign corporation engaged in trade or business within the corporation and rights to subscribe for or to receive such
Philippines. shares. The term includes bonds, debentures, notes or
certificates, or other evidence or indebtedness, issued by
any corporation, including those issued by a government other provisions of this Title, as 'ordinary loss' shall be
or political subdivision thereof, with interest coupons or in treated as loss from the sale or exchange of property
registered form. which is not a capital asset.

(U) The term 'dealer in securities' means a merchant of (AA) The term 'rank and file employees' shall mean all
stocks or securities, whether an individual, partnership or employees who are holding neither managerial nor
corporation, with an established place of business, supervisory position as defined under existing provisions of
regularly engaged in the purchase of securities and the the Labor Code of the Philippines, as amended.
resale thereof to customers; that is, one who, as a
merchant, buys securities and re-sells them to customers (BB) The term 'mutual fund company' shall mean an
with a view to the gains and profits that may be derived open-end and close-end investment company as defined
therefrom. under the Investment Company Act.

(V) The term 'bank' means every banking institution, as (CC) The term 'trade, business or profession' shall not
defined in Section 2 of Republic Act No. 337, as amended, include performance of services by the taxpayer as an
otherwise known as the General banking Act. A bank may employee.
either be a commercial bank, a thrift bank, a development
bank, a rural bank or specialized government bank.
(DD) The term 'regional or area headquarters' shall
mean a branch established in the Philippines by
(W) The term 'non-bank financial intermediary'means multinational companies and which headquarters do not
a financial intermediary, as defined in Section 2(D)(C) of earn or derive income from the Philippines and which act
Republic Act No. 337, as amended, otherwise known as as supervisory, communications and coordinating center
the General Banking Act, authorized by the Bangko Sentral for their affiliates, subsidiaries, or branches in the Asia-
ng Pilipinas (BSP) to perform quasi-banking activities. Pacific Region and other foreign markets.

(X) The term 'quasi-banking activities' means (EE) The term 'regional operating headquarters'shall
borrowing funds from twenty (20) or more personal or mean a branch established in the Philippines by
corporate lenders at any one time, through the issuance, multinational companies which are engaged in any of the
endorsement, or acceptance of debt instruments of any following services: general administration and planning;
kind other than deposits for the borrower's own account, business planning and coordination; sourcing and
or through the issuance of certificates of assignment or procurement of raw materials and components; corporate
similar instruments, with recourse, or of repurchase finance advisory services; marketing control and sales
agreements for purposes of relending or purchasing promotion; training and personnel management; logistic
receivables and other similar obligations: Provided, services; research and development services and product
however, That commercial, industrial and other non- development; technical support and maintenance; data
financial companies, which borrow funds through any of processing and communications; and business
these means for the limited purpose of financing their own development.
needs or the needs of their agents or dealers, shall not be
considered as performing quasi-banking functions.
(FF) The term 'long-term deposit or investment
certificates' shall refer to certificate of time deposit or
(Y) The term 'deposit substitutes' shall mean an investment in the form of savings, common or individual
alternative from of obtaining funds from the public (the trust funds, deposit substitutes, investment management
term 'public' means borrowing from twenty (20) or more accounts and other investments with a maturity period of
individual or corporate lenders at any one time) other than not less than five (5) years, the form of which shall be
deposits, through the issuance, endorsement, or prescribed by the Bangko Sentral ng Pilipinas (BSP) and
acceptance of debt instruments for the borrowers own issued by banks only (not by nonbank financial
account, for the purpose of relending or purchasing of intermediaries and finance companies) to individuals in
receivables and other obligations, or financing their own denominations of Ten thousand pesos (P10,000) and other
needs or the needs of their agent or dealer. These denominations as may be prescribed by the BSP.
instruments may include, but need not be limited to
bankers' acceptances, promissory notes, repurchase
agreements, including reverse repurchase agreements
entered into by and between the Bangko Sentral ng
Pilipinas (BSP) and any authorized agent bank, certificates
of assignment or participation and similar instruments with
recourse: Provided, however, That debt instruments issued
for interbank call loans with maturity of not more than five
(5) days to cover deficiency in reserves against deposit
liabilities, including those between or among banks and
quasi-banks, shall not be considered as deposit substitute
debt instruments.

(Z) The term 'ordinary income' includes any gain from


the sale or exchange of property which is not a capital
asset or property described in Section 39(A)(1). Any gain
from the sale or exchange of property which is treated or
considered, under other provisions of this Title, as
'ordinary income' shall be treated as gain from the sale or
exchange of property which is not a capital asset as
defined in Section 39(A)(1). The term 'ordinary loss'
includes any loss from the sale or exchange of property
which is not a capital asset. Any loss from the sale or
exchange of property which is treated or considered, under
Summary of New Income Tax Rules
for Individual and Corporate Income Taxpayers

TAXPAYER TAXBASE TAXRATE/(S)


1. Resident Citizens a. Taxable 0% - 35%
income, World
b. Passive income 20%; 15%
5% - 12%
20%; 10%; 6
- 8 - 10% PASSIVE RC / RA / NRA – ETB NRA NOT
c. Special Income 6%; 15% INCOME NRC ETB
Interest Income
2. Non-Resident a. Taxable same 1-a from Phil. bank
Citizens/ income, Phils. deposits
Resident Aliens b. Passive income same 1-b
c. Special income same 1-c Yields from
deposit
3. Non-Resident a. Taxable same 1-a substitutes
Alien engaged income, Phils.
in trade or b. Passive income same 1-b but Royalty Income
business without 6 – 8
10% & 15% Awards / Prizes
c. Special Income same 1-c ( over P10T )

4. Non-Resident a. Gross income, 25% final tax Winnings (


Alien not engaged Phils (including except from
passive income) PC80 )
in trade or b. Special income same 1-c
business Dividend
income from
5. Special Alien domestic corp
Employees:
a. Multinational a. Gross 15% final tax Distributive
Corporations compensation share of a
income, Phils. partner – NIAT
b. Offshore b. Other gross 25% final tax Of a taxable
banking units income, Phils. partnership
including passive
income
c. Petroleum c. Special income same 1-c Format of computation of Taxable income:
Contractors/ a. Pure business/professional income earner
subcontractors
Gross business income Pxxx
Note: Less: Deductions allowed xxx
1. The following are non-resident citizen: Taxable Net income Pxxx
a. One who establishes to the satisfaction of the Income tax due Pxxx
commissioner the fact of his physical presence Less: Creditable withholding tax at source xxx
abroad with a definite intention to reside therein; Income tax payable Pxxx
b. One who leaves Philippines during the taxable year
to reside abroad; b. Mixed income earner ( compensation from employment
c. One who works and derives income from abroad and business/professional income ).
whose job there requires him to be physically
abroad most of the time (during the taxable year). Gross business income Pxxx
Gross compensation income xxx
2. A non-resident alien individual who comes to the Total xxx
Philippines and stays therein of an aggregate period of Less: Deduction allowed xxx
more than 180 days during any calendar year shall be Taxable Net income Pxxx
deemed a non-resident alien doing business in the
Philippines. Income tax due Pxxx
Rates of Income Tax on Individual Citizen and Less: Tax withheld from compensation Pxxx
Individual Resident Alien of the Philippines Creditable withholding tax at source xxx xxx
Sec.24 (A) – The tax shall be computed on taxable income Income tax payable Pxxx
in accordance with and at the rates established in the
following schedule: Simplified Summary Rules for Corporations
KINDS TAX BASE TAX RATE
Br Taxable Income Per Year Income Tax Rate Ordinary Corporations:
1 P250K and below 0% 1. Domestic Taxable Net 38%
Corporations income, World
2 Above P250K to P400K 20% of the excess over P250,000
2. Resident Foreign Taxable Net the same
3 Above P400K to P800K P30,000 + 25% of the excess over P400K Corporations income, Phils.
4 Above P800K to P2M P130,000 + 30% of the excess over P800K 3. Non-Resident Foreign Gross Income, the same
Corporations Phils.
5 Above P2M to P8M P490,000 + 32% of the excess over P2M

6 Above P8,000,000 P2,410,000 + 35% of the excess over P8M Special Corporations:
1. Private Educational Taxable Net 10%
Institutions & Non- income, World 1. Imposed on corporations starting January 1,1998 on
Stock/Non-Profit (unless Resident their improperly accumulated earnings (accumulated
Hospitals Corp.) Retained Earnings which are not declared/distributed
2. Resident International Gross Billings, 2½% as dividends without justifiable reasons).
Carriers Phils.
3. Non-Resident Gross Income, 25% 2. Not applicable to the following:
Cinematographic Film Phils. a.
Owner/Lessor b.
4. Non-Resident Gross income 4½% c.
Owner/Lessor of from rentals, d.
Vessels leases, charter, e.
fees, Phils.
5. Non-Resident The same (#4) 7½% 3. Certain circumstances indicating Improper
Owner/Lessor of accumulation of profits:
Aircrafts, Machineries a. Substantial changes to corporate officers who are
and Equipment stockholders at the same time/Personal loans.
6. Offshore Banking Interest income 10% b. Radical change in the nature of business after a
Units from Foreign considerable surplus has been accumulated.
Currency c. Investment is unrelated business or activity.
transactions d. Substantial expenditures of corporations for the
personal benefit of stockholders only.
IMPORTANT NOTES TO REMEMBER:
For Private Educational Institutions and Hospitals: 4. In general, an accumulation of earnings or profits is
If their gross income from unrelated trade or business unreasonable or improper if it is not required for the
exceed 50% of their gross income from all sources the rule purposes of the business.
on ordinary corporation (30% rates) shall apply. a. If to be used as working capital needed by the
business.
For Resident Corporations: b. If needed for plant expansion of the business.
Subject to additional tax of 15% for every profit c. If, in accordance with contractual obligations,
remittance made to their head office abroad. (exempt if placed to the credit of a sinking fund for the
registered with EPZA). purpose of retiring bonds issued by the
corporation.
For Non-Resident Corporations:
Unless, otherwise, provided a foreign corporation not 5. Formula for IAET
engaged in trade or business in the Philippines shall pay a Taxable Net income Pxxx
tax equal to 35% of the gross income received during the Add: Passive Income Pxxx
taxable year from all sources within the Philippines such as Special income xxx
interests, rents, salaries, premium (except reinsurance Tax-exempt income xxx xxx
premiums), annuities, emoluments, or other fixed or Total Pxxx
determinable annuities. Periodical or casual gains, profits
and income and capital gains, except income subject to Less: All taxes paid (not claimed as xxx
Capital gains tax. deductions)
Dividends paid/declared xxx
Formula for computation: Appropriations of Retained xxx xxx
Earnings
Gross Income ( within the Philippines ) Pxxx Improperly Accumulated Earnings Pxxx
Multiplied by: Tax rate 30% Multiplied by 10%
Income tax due Pxxx Improperly Accumulated Earnings tax Pxxx

Minimum Corporate Income tax rule ( MCIT ) – beginning F. Special and passive income for Corporations:
January 1, 1998 corporations which are already in their 4th Domestic Resident Non-resident
year of operations, shall be subject to income tax of 30% Special income
on their taxable net income or 2% of their gross income 1. Sale of shares 15% F.T.
whichever is higher. of stocks of a
domestic Corp.
1. With tax credit benefits for the excess of the 2% MCIT held as capital
over the normal/regular income tax (Deductible vs. assets, not thru
Normal income tax in the succeeding three years). Local stock
exchange.
2. 2% MCIT is not applicable to the following 2. Sale of Real 6% of the GSP SP-Cost x
corporations. Property in the or FMV (higher) 30%
a. Philippines held (included in
b. as capital asset. other income)
c.
d. Passive income
e. 1. Interest income from Phil.
Bank deposits 20% 20% 30%
3. But corporations subject to 2% MCIT may still ask for 2. Yields, monetary benefits
relief or exemption under the following: from deposits substitutes 20% 20% 30%
a. 3. Royalty income 20% 20% 30%
b. 4. Intercorporate dividends Exempt Exempt 15%
c. 5. Interest income from
expanded foreign currency
Improperly Accumulated Earnings Tax ( IAET ) deposit 15% 15% Exempt
G. The following corporations are exempted from tax on a. A citizen of the Philippines who establishes to the
corporations: satisfaction of the Commissioner the fact of his
1. Labor, agricultural or horticultural organization not physical presence abroad with a definite intention
organized principally for profit; to reside therein.
2. Mutual savings bank not having a capital stock b. A citizen of the Philippines who leaves the
represented by share, and cooperative bank Philippines during the taxable year to reside
without capital stock organized and operate for abroad, either as an immigrant or for employment
mutual purposes and without profit; on permanent basis.
3. A beneficiary society, order or association c. A citizen of the Philippines who works and derives
operating for the exclusive benefit of the members income from abroad and whose employment
such as fraternal organization operating under the thereat requires him to be physically present
lodge system, or a mutual and association or a abroad most of the time during the taxable year.
nonstick corporation organized by employees d. A citizen of the Philippines who went on a business
providing for the payment of life, sickness, trip abroad and stayed therein most of the time
accident, or other benefits exclusively to the during the year.
members of such society, order, or association, or
nonstick corporation or their dependents; 2. DINA, nonresident citizen, arrived in the Philippines on
4. Cemetery company owned and operated July 1, CY to reside here permanently after working as
exclusively for the benefits of its members; nurse in the United States of America for many years.
5. Non-stock corporation or association organized and
operated exclusively for religious, charitable, Which of the following statements is correct with
scientific, athletic or cultural purposes, or for the respect to her classification for income tax purposes?
rehabilitation of veterans, no part of its net income a. She shall be classified as nonresident citizen for
or asset shall belong to or inure to the benefit of the year CY with respect to her income derived
any member organizer, officer or any specific from sources abroad from January 1, CY until the
person; date of her arrival in the Philippines.
6. Business league, chamber of commerce, or board b. She shall be classified as nonresident citizen for
of trade, not organized for profit and no part of the the whole year of CY.
net income of which inures to the benefit of any c. She shall be classified as resident citizen for the
private stockholder or individual; whole year CY.
7. Civic league or organization not organize for profit d. She shall be classified as neither resident nor
but operated exclusively for the promotion of social nonresident citizen for the year.
welfare;
8. A non-stock and non-profit educational institution; 3. JESS, an expert American Physicist was hired by a
9. Government educational institution; Philippine corporation to assist in its organization and
10. Farmers’ or other mutual typhoon or fire insurance operation for which he had to stay in the Philippines for
company, mutual ditch or irrigation company, an indefinite period. His coming to the Philippines was
mutual or cooperative telephone company, or like for a definite purpose which in its nature would require
organization of a purely local character, the income an extended stay and to that end makes his home
of which consists solely of assessments, dues, and temporarily in the Philippines for around 300 days
fees collected from members for the sole purposes during the calendar year. The American management
of meeting its expenses; and expert intends to leave the Philippines as soon as his
11. Farmers’, fruit growers’ or like association job is finished.
organized and operated as a sales agent for the
purpose of marketing the products of its members For income tax purposes, the American management
and turning back to them the proceeds of sales, expert shall be classified as:
less the necessary selling expenses on the basis of a. Resident alien.
the quantity of products finished by them; b. Nonresident alien engaged in trade or business.
c. Nonresident alien not engaged in trade or
“ Notwithstanding the provisions in the preceding business.
paragraphs, the income of whatever kind and d. Resident citizen.
character of the foregoing organizations from any of
their properties, real or personal, or from any of their 4. ASSUNTA, an American singer, was engaged to sing
activities conducted for profit regardless of the for one week at the Western Philippine Plaza after
disposition made of such income, shall be subject to which she returned to USA. For income tax purposes,
tax imposed under the Tax Code.” she shall be classified as:
a. Resident alien.
QUARTERLY CORPORATE INCOME TAX RETURN b. Nonresident alien engaged in trade or business.
Corporation are required to file in duplicate a quarterly, c. Nonresident alien not engaged in trade or
summary declaration of its gross income and deductions business.
on a cumulative basis. The tax so computed shall be d. Resident citizen.
decreased by the amount with tax previously paid or
assessed during the preceding quarter. 5. SITUS OF TAXATION IS WORLD/GLOBAL TAXATION?
a. Resident alien c. Nonresident alien
Time of filing – Quarterly returns – shall be filed within 60 b. Nonresident citizen d. Resident citizen
days following the close of each of the first three quarters.
6. It is important to know the source of income for
Final returns – shall be filed on or before the 15th of the income tax purposes (i.e. from within and without the
fourth month following the closed of the taxable (fiscal or Philippines) because:
calendar year). a. Some individuals and corporate taxpayers are
taxed on their worldwide income while others are
Income Taxation taxable only upon income from sources within the
Multiple Choice: Choose the best possible answer. Philippines.
1. One of them is not considered non-resident citizen. b. The Philippine imposes income tax only on income
from sources within.
c. Some individual taxpayers are citizens while others c. Shares in the net income of a general professional
are aliens. partnership received by a resident alien.
d. Export sales are not subject to income tax. d. Dividend received by a non-resident alien from a
domestic corporation.
7. Which of the following taxpayers whose personal
exemption is subject to the law on reciprocity under 14. Interest received by nonresident individuals from a
the Tax Code? depository bank under the expanded foreign currency
a. Nonresident citizen with respect to his income deposit system is exempt from tax.
derived from outside the Philippines.
b. Nonresident alien who shall come to the Philippines Passive income received by a resident citizen from
and stay herein for an aggregate period of more sources outside the Philippines shall be generally
than 180 days during any calendar year. subject to Section 24 (A) and not to final tax.
c. Resident alien deriving income from a foreign a. True, True c. False, False
country. b. True, False d. False, True
d. Nonresident alien not engaged in trade or business
in the Philippines whose country allows personal 15. Which of the following statements is incorrect?
exemption to Filipinos who are not residing but are a. To be subject to final tax passive income must be
deriving income from said country. from Philippine sources.
b. An income which is subject to final tax is excluded
8. One of the following is not a head of the family for from the computation of income subject to Section
income tax purposes: 24 (A).
a. Unmarried taxpayer supporting his mother, 50 c. Lotto winnings in foreign countries are exempt
years old. from income taxation in the Philippines.
b. Married but legally separated taxpayer supporting d. An income which is subject to non creditable
a legitimate child, 6 years old. withholding tax is excluded in the computation of
c. Legally separated taxpayer supporting a brother, income subject to Section 24 (A).
27 years old, physically incapacitated.
d. Widower supporting his mother in law, 55 years 16. Proceeds of sale of real property classified as capital
old. asset are exempt from the 6% capital gains tax if used
to build a new principal residence within 18 months
9. One of the following is not qualified as dependent for from the date of sale or of disposition.
income tax purposes.
a. Illegitimate child, 16 years old, living in the United Gain from sale of real property classified as capital
States due to his studies. asset to the Government may be taxed under Section
b. Legitimate child, 21 years old, with a monthly 24 (A) at the option of the individual taxpayer.
income of P2,000, living with the taxpayer in a. True, True c. False, False
Manila. b. True, False d. False, True
c. Senior citizen, not related to the taxpayer, with a
yearly income of P80,000, living with and taken of 17. One of the following is not a deposit substitute.
by the taxpayer. a. Baker’s acceptance.
d. Brother, 24 years old, incapable of self support b. Promissory notes.
because of physical disability. c. Repurchase agreements.
d. Debt instruments issued for interbank call loans
10. Which of the following will change the status of the with maturity of not more than 5 days to cover
taxpayer? deficiency in reserves against deposit liabilities.
a. Marriage of a dependent within the taxable year.
b. Dependent becoming 21 years old during the year. 18. Which of the following statements is not correct?
c. Dependent gaining employment during the year. a. Interest income from long term deposit is exempt
d. Marriage of taxpayer himself during the year. from income tax.
b. Winnings from Philippine Charity Sweepstakes are
11. Filipino as well as alien employees of regional or area exempt from income tax if not over P10,000.
headquarters established in the Philippines by c. Royalties on books, literary works and musical
multinational companies shall be subject to final tax of composition are subject to 10% non-creditable
15% on the gross business income in the Philippines. withholding tax.
d. A prize of P10,000 is subject to 20% final tax.
Generally, nonresident aliens not engaged in trade or
business are subject to 25% creditable withholding tax 19. Cash and/or property dividends received from
on their gross income in the Philippines. domestic corporation by a nonresident alien not
a. True, True c. True, False engaged in trade or business are subject to 25% final
b. False, False d. False, True tax.

12. “Global system of income taxation” means: Share of an individual in the distributed net income
a. All types of income except those subject to final after tax of a general professional partnership is
tax are aggregated to arrive at gross income. subject to final tax.
b. Separate graduated rates are imposed on different a. True, True c. False, False
types of income. b. True, False d. False, True
c. Capital gains are exclude in determining gross
income. 20. 1st Statement – Nonresident individual taxpayer are
d. Compensation income and business/professional also subject to 7.5% final tax on their income from
income are taxed at different places in the world. expanded foreign currency deposit.

13. Which of the following income of an individual taxpayer 2nd Statement- There can be a 6% capital gains tax on
is subject to final tax? sale of a real property in USA.
a. P10,000 prize in Manila won by a resident citizen. a. True, True c. False, False
b. Dividend received by a resident citizen from a b. True, False d. False, True
resident corporation.
27. If Mr. Pogi is a resident citizen, his income tax due
21. Which is covered by gross income taxation? after tax credit is:
a. Resident alien a. P789,000 c. P589,000
b. Nonresident alien engaged in trade or business b. P570,500 d. P415,500
without reciprocity law. 28. If he is a resident alien, his income tax due after tax
c. Nonresident alien not engaged in trade or credit, if any is:
business. a. P360,580 c. P384,380
d. Nonresident citizen b. P358,020 d. P276,500

22. Mr. Valdez, resident Filipino taxpayer single supporting 29. If he is a non-resident citizen, his income tax due after
three minor (illegitimate) children one of them living tax credit, if any is:
abroad showed the following data for CY. a. P360,580 c. P384,380
Salary from ABC Co. (net of P40,000 b. P358,020 d. P276,500
withholding tax) P350,000
Professional fee as Lawyer (net of 10% 30. If he is a non-resident alien engaged in trade or
withholding tax) 450,000 business in the Philippines but without the benefit of
Expenses incurred-practice of profession Reciprocity Law, the income tax due after tax credit, if
(Living expenses including tuition fees of any is:
children 25% thereof) 80,000 a. P397,000 c. P405,500
Other Income 150,000 b. P378,500 d. P276,500

31. If he is a Non-resident alien not engaged in trade or


The income tax due after tax credit if any is: business, disregarding professional & business data,
a. P51,700 c. P43,300 the income tax still due is:
b. P49,300 d. None of the above a. P50,000 c. P31,500
b. P18,500 d. P11,250
23. Based on the above problem, his total taxes due
assuming he will avail of the 8% final tax under TRAIN 32. And if he is a Special Alien Employee, disregarding
is: professional and business data the income tax that
a. P126,600 c. P121,000 should be withheld from his income is: (Before TRAIN
b. P129,000 d. None of the above Law)
a. P18,500 c. P11,500
24. Benjie sold his residential house to Ms. Papaya for b. P30,000 d. P31,500
P5,000,000. Its FMV when he inherited it was
P6,000,000 although its presents FMV is P8,000,000. 33. Mr. and Mrs. Robino, both CPA’s and residents of the
The tax on the above transaction is: Philippines had the following data for CY:
a. P360,000 capital gains tax Salaries, Mrs. P450,000
b. P480,000 capital gains tax Bonus (13th month pay), Mrs. 94,000
c. 30% donor’s tax Income from practice of Profession,
d. Value added tax Mr. and Mrs. (net of 10% withholding
tax) 450,000
25. But assuming that Benjie used ¼ of the proceeds of Expenses – professional practice 120,000
the said house to buy a new principal residence 10 Rental income (net of 5% withholding
days after the above sale and he properly informed tax 190,000
BIR about it, the tax shall only be: Rental expenses 80,000
a. P120,000 capital gains tax Other income, Mr. 80,000
b. P240,000 capital gains tax
c. P360,000 capital gains tax 20% of the other income is non-taxable while 15% of
d. P480,000 capital gains tax the professional expenses is non-deductible. They have
12 minor children.
26. Continuing, but assuming the residential house is
located abroad, the capital gains tax is: The taxable income of Mr. is:
a. P360,000 c. P120,000 a. P173,000 c. P266,000
b. P480,000 d. P0 b. P275,000 d. P323,000

27 to 32 are based on the following data: 34. The taxable income of Mrs. is:
a. P371,000 c. P419,000
Mr. Pogi, married supporting 10 minor children 7 of which b. P357,000 d. P713,000
are gainfully employed had the following data for the CY:
($1-P50). 35. Mr. Dimple Pastrana had the following data for CY:
Philippines Abroad (Exchange rate $1-P40)
Business income P1,000,000 $20,000
Professional Philippines Abroad
income 400,000 10,000 Salaries P165,000 $2,000
Salaries (net of Income from merchandise 450,000 6,000
P18,500 Business expenses 120,000 1,500
withholding Interest income:
Tax) 181,500 Personal receivable 10,000
Business and From expanded FCDS $2,500
professional On bank deposits (20%
expenses 250,000 8,000 long-term) 25,000 3,000
Income tax paid Royalty income (20% from
abroad: 4,000 books) 22,000 1,000
Prize won in contest 10,000
Dividend income:
From domestic a. P450,000 c. P880,000
corporation 7,000 b. P1,280,000 d. P480,000
From resident corporation 5,000
From non-resient 8,000 45. If it is a non-resident corporation, its income tax is:
Winnings from Charity a. P1,200,000 c. P880,000
sweepstakes 80,000 b. P1,280,000 d. P480,000
Shares of stocks of
domestic corp. sold to a 46. Under # 43 but it opts to claim the tax paid abroad as
buyer (cost P10,000) 30,000 deductions from gross income,its income tax is:
a. P780,000 c. P880,000
He also sold a condominium unit in Manila (residential) b. P832,000 d. P480,000
for P2,000,000 although its FMV is P3,000,000 but
with a zonal value of P4,000,000. 47. If it is a private educational institution, its income tax
after tax credit:
The taxable income of Mr. Dimple is: a. P730,000 c. P275,000
a. P798,000 c. P724,000 b. P832,000 d. P150,000
b. P892,000 d. P948,000
48. If it is non profit hospital, its income tax after tax
36. Mr. Dimple’s total final taxes on his passive income is: credit is:
a. P16,160 c. P15,460 a. P730,000 c. P275,000
b. P16,020 d. P39,660 b. P832,000 d. P150,000

37. His total capital gain’s taxes is: 49. If it is a resident international carrier, its income tax
a. P241,000 c. P240,000 is:
b. P251,720 d. P243,000 a. P100,000 c. P37,000
b. P10,000 d. P125,000
38. If he is a Non-resident citizen his total final tax on
passive income is: 50. If it is a non-resident cinematographic film
a. P16,020 c. P16,160 owner/lessor, its income tax is:
b. P15,460 d. P34,660 a. P1,000,000 c. P300,000
b. P100,000 d. P128,000
39. If he is a Non-resident alien not engaged in trade or
business his total combined taxes on all income from 51. If it is non-resident lessor of vessel, its income is:
Philippines is: (excluding business income) a. P100,000 c. P300,000
a. P83,000 c. P324,000 b. P180,000 d. P128,000
b. P241,000 d. P326,000
52. If it is a non-resident lessor of aircrafts, machineries
40. Mr. de Vega, married, left Philippines in the middle of and equipment, its income tax is:
the year on July 1,2018 to go abroad and work there a. P100,000 c. P300,000
as a contract worker for two years, the following data b. P180,000 d. P128,000
were provided as of December 31,2018: (Assume all
data from abroad only) 53. If it is a resident corporation but its expenses within
Gross Income Deductions and without is P3,000,000, unallocated (disregard
January 1 to June 30 P300,000 P100,000 original data on expenses), its income tax is:
July 1 to December 31 P1,000,000 P125,000 a. P600,000 c. P480,000
b. P320,000 d. P128,000
His taxable income is: ($1-P50)
a. P150,000 c. P843,000 54. If it is a resident corporation and it remitted 60% of its
b. P1,403,000 d. P200,000 net profit to its head office abroad, it total tax liability
is: (ORIGINAL DATA)
41. If , assuming he arrived from abroad on July 1,2018 to a. P544,500 c. P196,000
permanently resettle in the Philippines, after working b. P571,800 d. P676,000
abroad for 2 years, his taxable income as of December
31,2018 is: 55. If it is a private educational institution but P3,500,000
a. P168,000 c. P843,000 of its total gross income is from lease & restaurant
b. P1,043,000 d. P875,000 business, its income tax is:
a. P730,000 c. P150,000
42. If he did not leave Philippines at all, his taxable income b. P675,000 d. P832,000
is:
a. P168,000 c. P843,000 56. If it is a domestic corporation but its total expenses is
b. P1,043,000 d. P1,075,000 P5,800,000 (disregard original data on expenses), its
income tax is:
The Rainbow Corporation provided the following data a. P730,000 c. P120,000
for calendar year ending December 31, CY: ($1-50) b. P64,000 d. P85,000
Philippines Abroad
Gross Income P4,000,000 $40,000 57. If under # 56, but the domestic corporation is a non-
Deductions P2,500,000 $15,000 profit hospital, (disregard tax paid abroad) its income
Income tax paid 3,000 tax is:
a. P20,000 c. P10,909
43. If it is a domestic corporation, its income tax after tax b. P64,000 d. P120,000
credit is:
a. P675,000 c. P880,000 58. If the corporation is a non-stock educational institution
b. P832,000 d. P480,000 which uses all its revenues or income for educational &
charitable purpose, its income tax is:
44. If is a resident corporation, its income tax is: a. P0 c. P120,000
b. P730,000 d. P64,000 d. Domestic Hospitals

59. For purposes of computing the MCIT, which will not 72. 1st Statement: Foreign income tax may be treated by a
form part of cost of goods sold for traders: taxpayer as tax credit but not as deduction from gross
a. Invoice cost c. Freight income under the new law.
b. Import duties d. Wharfage
2nd Statement: Being a holding company is conclusive
evidence of improper accumulation of profit.
60. Under # 59, but the taxpayer is a manufacturer:
a. True, True c. True, False
a. Raw materials used
b. False, False d. False, True
b. Direct labor and overhead
c. Freight and insurance
73. The improperly accumulated earnings tax shall not
d. Import duties
apply to the following, except:
a. Insurance companies
61. Under # 59, but the taxpayer is a seller of services:
b. Corporations formerly registered with PEZA
a. Salaries and supplies
c. Publicly held corporations
b. Employee benefits
d. Bank and Non-bank Financial Intermediaries
c. Depreciation and rental expenses
d. Interest expense
74. 1st Statement: Domestic corporation not falling
62. The MCIT is only effective in the 5th year following the under the definition of closely held corporations are
year in which the corporation commenced its business. considered publicly held corporations.
2nd Statement: A closely held corporation under the
Non-resident corporation are also covered by MCIT. Tax Code and a close corporation under the
a. True, True c. False, True Corporation Code are the same.
b. False, False d. True, False a. True, True c. True, False
b. False, False d. False, True
63. Non-resident corporations need not file any income tax
returns. 75. It is a test used in determining the reasonable needs of
a business to justify the accumulation of earnings
Tax-exempt corporations are also required to file an which will exempt the corporation from paying
ITR for administrative purposes only. Improperly accumulated earnings tax:
a. True, True c. False, True a. Urgency test c. Immediacy test
b. False, False d. True, False b. Reasonable needs test d. Control test

64. To record MCIT, the account deferred charges MCIT is: 76. The improperly accumulated earnings tax is essentially
a. Debited c. Memo entry only a:
b. Credited d. No entry required a. General tax c. Regulatory or Penalty tax
b. Property tax d. Excise tax
65. To record application of excess MCIT vs. NORMAL
income tax, what account is credited? 77. Zaidia Corporation, a domestic corporation had the
a. Income tax payable c. Retained earnings following data for taxable year 2018:
b. Cash in bank d. Deferred charges MCIT Sales P5,000,000
Cost of goods sold 2,000,000
66. To record expired portion of MCIT, what account is General selling and administrative
debited: expenses 500,000
a. Retained earnings c. Deferred charges MCIT Interest income from Philippine bank
b. Income tax payable d. Provision for income tax deposit 100,000
Rental income (net of 5% withholding
67. One of the following is not accepted basic relief from
tax) 190,000
the MCIT:
Dividend Income:
a. Prolonged labor dispute
From domestic corporation 60,000
b. Force majeure problems
From foreign corporation 50,000
c. Legitimate business reverse
Winnings from charity sweepstakes 2,000,000
d. Law suits filed by the company
Capital gains from sale of domestic
68. Which is not a characteristics of corporate income tax: shares of stocks sold Directly to
a. Progressive tax c. General tax buyer 75,000
b. Direct tax d. National tax Dividend declared and paid during the
year 500,000
69. 1st Statement: Non-stock/non-profit corporations are Retained earnings, beginning of the
tax-exempt from their income from all operations. year (subjected to Improperly
2nd Statement: Intercorporate dividends are tax- accumulated earnings tax last year) 1,000,000
exempt if the recipient is a foreign corporation. Paid up capital 1,000,000
a. True, True c. False, True
b. False, False d. True, False Note: The board of directors approved a resolution
reserving P1,500,000 of its net profit for the year for
70. Which is governed by gross income taxation. plant expansion.
a. Domestic corporation
b. Resident corporation The income tax due after tax credit if any is:
c. Non-resident corporation a. P825,000 c. P899,200
d. Educational institutions b. P815,000 d. P819,200

71. One of the following corporations cannot claim tax 78. Based on the foregoing problem, the Improperly
credit for foreign taxes paid abroad. accumulated earnings tax is:
a. Private educational institutions a. P208,125 c. P113,625
b. Resident International Carriers b. P108,125 d. P72,875
c. Investment companies
79. Haidia corporation, an educational institution provided a. P15,000 c. P4,000
the following data for the current year: b. P8,000 d. P11,000
Income from tuition fees P3,500,000
School miscellaneous fees 1,500,000 84. Its capital gains tax is:
Dividend income: a. P480,000 c. P300,000
Domestic corporation 2,000,000 b. P495,000 d. P60,000
Foreign corporation 2,000,000
Rent income (net of 5% withholding 85. Based on the above problem, its total combined tax
tax) 1,900,000 liability if it is a resident corporation:
Operating expenses 4,000,000 a. P435,200 c. P403,000
b. P450,000 d. P423,420
The income tax due of the school is:
a. P1,600,000 c. P1,500,000 86. And if it is a non-resident corporation, its total
b. P1,500,000 d. P1,400,000 combined taxes is:
a. P485,450 c. P517,450
80. MEDINA corporation, a resident corporation provided b. P515,200 d. P487,670
the following data for taxable year 2018:
Philippines USA 87. A domestic corporation has the following data for the
Gross income P40,000,000 P20,000,000 year 2018 (fourth year of operation):
Dividends from: Sales P5,000,000
Domestic corporation 5,000,000 Cost of sales 1,500,000
Foreign corporation 4,000,000 Business expenses 800,000
Business expenses 12,000,000 8,000,000 Dividend from domestic corporation 50,000
Selling price of land classified as
The corporation remitted to its head office the capital asset(cost, P3,500,000) 4,000,000
P5,000,000 dividend income and 40% of its net profit Interest on Philippine currency bank
to its head office in USA. deposit 40,000
Dividend declared and paid 500,000
The corporation’s total tax liability including the tax on Tax paid for the first three quarters 550,000
the profit remitted is: Lotto winnings 2,000,000
a. P10,944,000 c. P15,960,000 Paid up Capital 1,000,000
b. P11,545,600 d. P12,475,000
The BIR, upon investigation, found out that there is
81. In the foregoing problem, if it is registered with EPZA, improper accumulation of earnings.
its BPRT:
a. P10,240,000 c. P11,545,600 The Improperly accumulated earnings tax is:
b. P 9,600,000 d. P 0 a. P167,800 c. P517,800
b. P187,000 d. P233,200
82. The following data were taken from the financial
statement of Topnotcher Kah corporation for the 88. The income tax still due in the final return is:
current year: a. P260,000 c. P410,000
Philippines Abroad b. P433,200 d. P510,000
Gross sales P950,000 P2,000,000
Sales returns 25,000 89. STAR Corporation, a domestic corporation, had the
Cost of goods sold 425,000 300,000 following data:
Interest income from YEAR GROSS INCOME DEDUCTIONS
trade receivable 10,000 50,000 2011 P1,000,000 P1,200,000
Interest income from 2012 2,000,000 1,900,000
bank deposits, Phil. 20,000 2013 3,000,000 2,950,000
Dividend income from 2014 1,000,000 1,100,000
domestic corporation 15,000 2015 980,000 500,000
Dividend income from
foreign corporation 25,000 The taxable income in 2018 is:
Royalty income 20,000 a. P380,000 c. P100,000
Sale of shares of stocks of b. P0 d. P50,000
domestic corp. held as
capital asset thru local A taxpayer provided the following data for taxable year
stock exchange 70,000 2018:
Operating expenses 250,000 300,000 Salaries P1.5M
Income from money (with P120,000 13th mo. Pay but net of SSS, union dues,
market placement 35,000 100,000 etc. amounting to P20,000).
Sale of real property in
the Phil. not used in 5,000,000 Income from Grocery:
business, cost P4,000,000 Gross Sales P2.4M
30% of the operating Cost of Sales P1M
expenses is non- Operating Exp. 600,000
deductible Other income/Non operating
Income 100,000
The FMV of the real property sold was P8,000,000 at
the time of the sale. 90. The total income tax due is (TP availed of 8% GIT)
a. P320,000 c. P200,000
Its income tax on ordinary taxable income is:
b. P313,000 d. P513,000
a. P640,000 c. P680,000
b. P600,000 d. P580,000
91. His Business tax due is
a. P75,000 OPT c. P300,000 VAT
83. Its total tax on passive income is:
b. P72,000 OPT d. None 95. Back to the original data, but his Gross Sales reached
P4M his new total taxable income is:
92. If the taxpayer did not avail of the 8% GIT, the total a. P2,500,000 c. P3,910,000
Income tax due: b. P3,000,000 d. P3,000,000
a. P513,000 c. P580,000
b. P313,000 d. P589,200 96. His business tax due is
a. VAT c. Excise tax on certain goods
93. His Business tax due is b. OPT d. None
a. P300,000 VAT c. P75,000 OPT
b. P288,000 VAT d. P72,000 OPT

94. Assuming he has no salaries and he availed of the 8%


GIT, the income tax is:
a. P200,000 c. P192,000
b. P300,000 d. P180,000

“The things that come most quickly into your life are the things that you BELIEVE in the most.
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