Professional Documents
Culture Documents
SELF-EMPLOYED INDIVIDUAL
(Business Grocery Store)
BIR Annual Income Tax Return (ITR)
Form No. 1701A
Taxable Year – It determines for what year the present Annual Income
Tax Return is to be filed. It may be Calendar Year or Fiscal Year.
(P) The term ‘taxable year’ means the calendar year, or the fiscal year
ending during such calendar year, upon the basis of which the net
income is computed under this Title. ‘Taxable year’ includes, in the case
of a return made for a fractional part of a year under the provisions of
this Title or under rules and regulations prescribed by the Secretary of
Finance, upon recommendation of the Commissioner, the period for
which such return is made.
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of such return, statement or declaration has in the meantime been
actually served upon the taxpayer.
This item is also important as to the date of such filing of the amended
return will have an effect on the reckoning period for purposes of the remedy of
taxpayer in protesting the validity of the assessment of income tax of the BIR
and the recovery of excessive and illegally collected taxes under Section 203
and 229 of the Tax Code.
Section 203. Period of Limitation Upon Assessment and
Collection. –
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to have been collected without authority, or of any sum alleged to have
been excessively or in any manner wrongfully collected without
authority, or of any sum alleged to have been excessively or in any
manner wrongfully collected, until a claim for refund or credit has been
duly filed with the Commissioner; but such suit or proceeding may be
maintained, whether or not such tax, penalty, or sum has been paid
under protest or duress.
In any case, no such suit or proceeding shall be filed after the expiration
of two (2) years from the date of payment of the tax or penalty
regardless of any supervening cause that may arise after payment:
The relevance of this item is the (TIN) supplied by the BIR to a taxpayer
as provided for under the NIRC under the Chapter on Administrative Provisions
particularly Section 236 (I) on Registration Requirements.
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Revenue for his proper identification for tax purposes, and which he
shall indicate in certain documents. x x x x
The purpose and relevance of this item is to indicate whether the Self-
Employed Individual (SEI) is a Single Proprietor or Professional.
According to the Senate Deliberations on the basis of passing RA 10963,
the TRAIN Law, which amended the Tax Code, a Single Proprietor is a sole
proprietor, or an independent contractor engaged in trade or business or other
venture or undertaking who reports income earned from self-employment.
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A Professional refers to a person certified by a professional body
belonging to a specific profession by having completed a required course of
studies and/or practice like doctors, accountants, engineers and the likes.
Likewise, it can be a person who engages in same art or sport of money, as a
means of livelihood, rather than as a hobby and may include professional
entertainers, athletes, directors, consultants and other recipients of
professional, promotional and talent fees.
Item No. 7 – Alphanumeric Tax Code
This is provided for by BIR in the Form itself as 1011 for purposes of
what category of tax is paid for by the taxpayer. Alphanumeric tax codes (ATCs)
reflects the type of tax to be paid. They are indicated in tax returns,
representing the actual rate and type of tax to be paid.
The purpose and relevance of this to determine who is filing the current
Income Tax Return (ITR) and upon whom the assessment upon which the
ultimate tax liability will be imposed. This is pursuant to the requirements
under Section 51 (A) (5) (a).
(A) Requirements. –
(5) The income tax return (ITR) shall consist of a maximum of four (4)
pages in paper form or electronic form, and shall only contain the
following information:
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(A) Requirements. –
(5) The income tax return (ITR) shall consist of a maximum of four (4)
pages in paper form or electronic form, and shall only contain the
following information:
The purpose and relevance of this in relation to item no. 9 for mailing
purposes of notices and inquiries of BIR corresponding to the registered
address of the individual taxpayer filing the return.
Item 10 – Date of Birth
The purpose and relevance of this item is to determine the date of birth
of the individual taxpayer. This is pursuant to the requirements under Section
51 (A) (5) (a).
(A) Requirements. –
(5) The income tax return (ITR) shall consist of a maximum of four (4)
pages in paper form or electronic form, and shall only contain the
following information:
(A) Requirements. –
(5) The income tax return (ITR) shall consist of a maximum of four (4)
pages in paper form or electronic form, and shall only contain the
following information:
Item 12 - Citizenship
The purpose and relevance of this item is also to determine whether the
Self-Employed Individual (SEI) pertains to whether Resident Citizen (RC), Non-
Resident Citizen (NRC), Resident Alien (RA) or “Non-Resident Alien Engaged in
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Trade or Business (NRAETB)”, to which the Tax Code imposes different tax
treatments in relation to the applicable tax rates under Section 24 (A) (2) (b)
subject to different conditions.
A Resident Citizen (RC) is a citizen of the Philippines and residing
therein. They are physically staying or present in the Philippines or has an
intention to reside here permanently or those who are absent but has an
intention to return thereto.
Under the NIRC, Section 23 (A) provides that a citizen of the Philippines
residing (RC) therein is taxable on all income from sources within and without
the Philippines.
Section 23 (B) then provides that a Non-Resident Citizen (NRC) is taxable
only on income derived from sources within the Philippines.
(2) A citizen of the Philippines who leaves the Philippines during the
taxable year to reside abroad, either as an immigrant or for employment
on a permanent basis.
(3) A citizen of the Philippines who works and derives income from
abroad and whose employment thereat requires him to be physically
present abroad most of the time during the taxable year.
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economic or commercial activities here in the Philippines or exercising a
profession. Section 25 (A) (1) discusses some indicators for a NRAETB.
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Sec. 23 (D) provides that an alien individual, whether a resident or not of
the Philippines (RA) or (NRA), is taxable only on income derived from sources
within the Philippines.
Another importance of this item is in choosing the applicable tax rates on
Self-Employed Individuals under Section 24 (A) (2) (b).
The purpose and relevance of this item is the applicability for the Self-
Employed Individual to claim foreign tax credits under the Tax Code in
determining his respective total income tax liability
(3) Credit Against Tax for Taxes of Foreign Countries. – If the taxpayer
signifies in his return his desire to have the benefits of this paragraph,
the tax imposed by this Title shall be credited with:
xxxx
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Hence, it is possible that if the SEI taxpayer is a RC who obtained
income abroad, the income from abroad that was already taxed by the taxing
authority of the foreign country, he may indicate in the ITR that he or she
wants to claim such taxes paid as tax credit in the current taxable period
subject of the return.
(A) Requirements. –
(5) The income tax return (ITR) shall consist of a maximum of four (4)
pages in paper form or electronic form, and shall only contain the
following information:
The purpose and relevance of this item is in relation for the manner of
filing of the income tax return.
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Section 24 - Income Tax Rates.
(A) (2) (a)
xxxx
For married individuals, the husband and wife, subject to the provision
of Section 51 (D) hereof, shall compute separately their individual
income tax based on their respective total taxable income: Provided,
That if any income cannot be definitely attributed to or identified as
income exclusively earned or realized by either of the spouses, the
same shall be divided equally between the spouses for the purpose of
determining their respective taxable income.
- xxxx -
Section 51. Individual Return.
(D) Husband and Wife. – Married individuals, whether citizens, resident
or non-resident aliens, who do not derive income purely from
compensation, shall file a return for the taxable year to include the
income of both spouses, but where it is impracticable for the spouses to
file one return, each spouse may file a separate return of income but the
returns so filed shall be consolidated by the Bureau for purposes of
verification for the taxable year.
As a rule, Section 51 above provides that married individuals whether
resident or non-resident aliens, who do not derive income purely from
compensation income, are not required to file an income tax return to include
the income of both spouses. If the Self-Employed Individuals indicates that he
or she is married, they shall file jointly their income tax returns on their
respective total taxable income under Section 24 (A) (2) (b) in relation to Section
51 (D).
However, if after such separate filing of income tax returns for both
spouses, some income cannot clearly be attributed as income exclusively
realized by either of them, those income will be divided equally between them
to arrive at each of their final taxable income.
The purpose and relevance of this item is in relation to item no. 15 for
matters of filing method of spouses to determine the taxable income. If the
individual taxpayer indicated that he or she has a spouse, the BIR will further
inquire on the manner of filing and if separate filing was done, details will be
further required in the next items in the return for the taxpayer to fill filing the
current return, to determine their respective taxable income.
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Item No. 18 – Filing Status if Married
The purpose and relevance of this item is in relation to items no. 16 and
17 for matters of filing method of spouses to determine the taxable income in
accordance with Sections 24 (A) (2) (a) and 51 (D) for the separate filing of each
spouse’ income tax return.
The purpose and the relevance of this item is the choice of tax rate that
may be availed of by the SEI taxpayer in relation to the amended rules under
the Tax Code.
Applying Sec. 24 (A) (2) (b), it provides that for Self-Employed Individual
(SEI) taxpayers whether RC, NRC, RA or NRAETB, they are subject to the
following tax rates subject to certain conditions:
An eight percent (8%) tax on gross sales or receipts and other non-
operating income in excess of P250, 000. 00 in lieu of the graduated
income tax rates under Section 24 (A) and the percentage tax under
Section 116 of the Tax Code; or
The graduated income tax rates under Section 24 (A) (2) (a) of the Tax
Code, as amended.
This item is also important as it shows that if the SEI avails of the
graduated income tax rates he may also avail of the Optional Standard
Deduction (OSD) as method of deduction, in lieu of the allowable deductions
under Section 34 of the Tax Code. The OSD is provided under Section 34 (L):
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taxable income subject to income tax under Sections 24(A); 25(A); 26;
27(A), (B), and (C); and 28(A)(1), there shall be allowed the following
deductions from gross income:
It is clear from the above provision that the choice for the tax rate of the
graduated income tax rates with the option to avail the OSD for SEI is not
available for Non-Resident Alien.
The purpose and relevance of this item is the tax due to be paid by the
Compensation Income Earner either as a SEI, who is a RC, NRC or RA or an
NRAETB. The amount to be indicated in this item is referred to as the tax
payable after the determining the net taxable income and applying the tax rate
as chosen by the SEI between graduated income tax rates or the eight percent
(8%) tax on gross sales or receipts and other non-operating income in excess of
P250, 000. 00 in lieu of the graduated income tax rates under Section 24 (A)
and the percentage tax under Section 116 of the Tax Code if the gross
sales/receipts and other non-operating income does not exceed the VAT
threshold.
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The purpose of this item is to indicate the amount from item 64, meaning
either of the taxpayer or the spouse pertaining to the summation of the total
credits or tax payments withheld or paid under items 57 to 63 which will be
deducted from item no. 46 or 56 depending on what tax rate was used in order
to arrive at the Net Tax Payable, or Overpayment of the income tax of the SEI if
it appears the result will be in the negative.
The purpose and relevance of this item is the indicated amount arrived at
after deducting the amount in item no. 21 from item no. 20. It is called the Net
Taxable Payable if it not appears to be in the negative. It is called Overpayment
if it appears in the negative in which the combined taxes withheld with the
credits availed of and taxes previously paid if the current return is an amended
return, is in excess after deducting the tax due computed.
Item No. 23– Less: Portion of Tax Payable Allowed for 2nd Installment to
be paid on or before October 15 (50% or less of item 20)
The purpose and relevance of this item is the allowed amount by which
the Self-Employed Individual will be deducting from the Net Tax Payable or
Overpayment in item 21 that he will pay for this current return, if he desired to
avail of the option to pay the remaining balance by installment on or before
October 15 after filing this return as provided under Section 56 of the Tax
Code. This is available only for SEI subject to the graduated income tax rates.
Section 56. Payment and Assessment of Income Tax for
Individuals and Corporations. –
The purpose and relevance of this item is the indication of the sum after
the amount in item no. 23, referring to the portion of the tax due computed
after computing the net taxable income and the income tax rates, is deducted
from item no. 22. It is called the Taxable Payable if it not appears to be in the
negative. It is called Overpayment if it appears in the negative in which the
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combined taxes withheld with the credits availed of and taxes previously paid if
the current return is an amended return, is in excess after deducting item no.
23 representing the portion of the tax due to be paid on installment.
The purpose and relevance of this item is for the imposition of the BIR of
surcharge civil penalty to the Self-Employed Individual under Section 248 of
the Tax Code.
Section. 248. - Civil Penalties.
(1) Failure to file any return and pay the tax due thereon as required
under the provisions of this Code or rules and regulations on the date
prescribed; or
(3) Failure to pay the deficiency tax within the time prescribed for its
payment in the notice of assessment; or
(4) Failure to pay the full or part of the amount of tax shown on any
return required to be filed under the provisions of this Code or rules and
regulations, or the full amount of tax due for which no return is required
to be filed, on or before the date prescribed for its payment.
Fifty percent (50%) of the tax or deficiency tax is imposed in case of:
a. Willful neglect to file return within the period prescribed by the Code
or by rules and regulations
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The purpose and relevance of this item is for the imposition of the BIR of
interest civil penalty to the Self-Employed Individual under Section 249 of the
Tax Code.
Section 249. Interest. –
(B) Deficiency Interest. – Any deficiency in the tax due, as the term is
defined in this Code, shall be subject to the interest prescribed in
Subsection (A) hereof, which interest shall be assessed and collected
from the date prescribed for its payment until the full payment thereof,
or upon issuance of a notice and demand by the Commissioner of
Internal Revenue, whichever comes earlier.
(1) The amount of the tax due on any return required to be filed, or
(2) The amount of the tax due for which no return is required, or
The purpose and relevance of this item is for the imposition of the BIR of
compromise civil penalty to the Self-Employed Individual under Section 255,
250 and 275 of the Tax Code and RMO. No. 7-2015.
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Section 255. Failure to File Return, Supply Correct and Accurate
Information, Pay Tax Withhold and Remit Tax and Refund
Excess Taxes Withheld on Compensation. – Any person required
under this Code or by rules and regulations promulgated thereunder to
pay any tax make a return, keep any record, or supply correct the
accurate information, who willfully fails to pay such tax, make such
return, keep such record, or supply correct and accurate information, or
withhold or remit taxes withheld, or refund excess taxes withheld on
compensation, at the time or times required by law or rules and
regulations shall, in addition to other penalties provided by law, upon
conviction thereof, be punished by a fine of not less than Ten thousand
pesos (PhP10,000) and suffer imprisonment of not less than one (1) year
but not more than ten (10) years.
Any person who attempts to make it appear for any reason that he or
another has in fact filed a return or statement, or actually files a return
or statement and subsequently withdraws the same return or statement
after securing the official receiving seal or stamp of receipt of internal
revenue office wherein the same was actually filed shall, upon
conviction therefor, be punished by a fine of not less than Ten thousand
pesos (PhP10,000) but not more than Twenty thousand pesos
(PhP20,000) and suffer imprisonment of not less than one (1) year but
not more than three (3) years.
In addition, Annex A of Revenue Memorandum Order (RMO) No. 7-
2015 provides for the Revised Consolidated Schedule of Compromise Penalties
for Violations of the National Internal Revenue Code (NIRC),
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amount to be imposed for all such failures during a calendar year shall
not exceed Twenty-Five Thousand Pesos (P 25,000).
The purpose and relevance of this item is for the total amount of
penalties imposed by BIR to the Self-Employed Individual under items 25 to 27
in relation to filing of his return as required by BIR and the compliance to the
corresponding payment of the tax subject thereof, in accordance of the
applicability of the provisions on Civil Penalties under Section 248, 249, 250,
255, 275 of the Tax Code and RMO. No 7-2015 as discussed above in the
previous items.
The purpose and relevance of this item is for the total sum of item no.
24, referring to the Amount of Tax Payable or Overpayment and the amount in
item no. 28, the sum of penalties to be paid by the Self-Employed Individual
imposed by BIR.
The purpose and relevance of this item is for the total sum of item no.
29, the Total Amount Payable or Overpayment, which is the sum of the amount
indicated on such item for the Self-Employed Individual and the spouse
indicated if the SEI taxpayer chose joint filing with the other spouse for the
income tax return for the taxable year. This is the Tax Payable or Overpaid
taxes.
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This Aggregate Amount Payable or Overpayment is the amount tax
payable or that which may be overpaid if it appears that the amount is in the
negative, hence having excess payment of tax. Hence, for purposes of
overpayment the SEI is given the option of Refund; To be issued a Tax Credit
Certificate; or To be carried over as a Tax Credit for next year or quarter.
The purpose and relevance of this item is for the number of additional
sheets attached by the taxpayer in relation to the other items which needs
more filling spaces in addition to the details in the return. It also includes
attachments for proof to substantiate tax credits, payments, deductions and
other relevant matters involving the taxpayer’s income tax liability.
The purpose and relevance of this item if for the details of the particulars
of the payment mode of the taxpayer. The particulars of this item relating to
details of payment are; Cash/Bank Debit Memo, the Drawee Bank or Agency,
Check Payment, Tax Debit Memo and others as can be indicated by the
taxpayer.
The purpose and relevance of this item is to input the to the total sales
transactions net of VAT, if applicable, reported during the period, without any
other deduction. These are derived from sale or exchange under Section 108 (A)
which provides:
Section 108. Value-added Tax on Sale of Services and Use or
Lease of Properties. –
(A) Rate and Base of Tax. – There shall be levied, assessed and
collected, a value-added tax equivalent to twelve percent (12%) of gross
receipts derived from the sale or exchange of services, including the use
or lease of properties. The phrase ‘sale or exchange of services’ means
the performance of all kinds of services in the Philippines for others for
a fee, remuneration or consideration, including those performed or
rendered by construction and service contractors; stock, real estate,
commercial, customs and immigration brokers; lessors of property,
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whether personal or real; warehousing services; lessors or distributors
of cinematographic films; persons engaged in milling, processing,
manufacturing or repacking goods for others; proprietors, operators or
keepers of hotels, motels, resthouses, pension houses, inns, resorts;
proprietors or operators of restaurants, refreshment parlors, cafes and
other eating places, including clubs and caterers; dealers in securities;
lending investors; transportation contractors on their transport of goods
or cargoes, including persons who transport goods or cargoes for hire
and other domestic common carriers by land relative to their transport
of goods or cargoes; common carriers by air and sea relative to their
transport of passengers, goods or cargoes from one place in the
Philippines to another place in the Philippines; sales of electricity by
generation companies, transmission by any entity, and distribution
companies, including electric cooperatives; services of franchise
grantees of electric utilities, telephone and telegraph, radio and
television broadcasting and all other franchise grantees except those
under Section 119 of this Code and non-life insurance companies
(except their crop insurances), including surety, fidelity, indemnity and
bonding companies; and similar services regardless of whether or not
the performance thereof calls for the exercise or use of the physical or
mental faculties. . . x x x x
The purpose and relevance of this item is for the amount to be deducted
from item no. 36 in transactions of the SEI. This is in accordance with Section
106 (D) of the Tax Code.
The purpose and relevance of this item is it reflects the result after the
item no. 37 is deducted from item no. 36, to arrive at the net sales of the
business of the SEI pertaining to the goods in the grocery store.
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Item No. 39 – Less: Allowable Deduction – Optional Standard Deduction
(OSD) (40%)
The purpose and relevance of this item is to indicate the amount of the
OSD if the SEI avails of the graduated income tax rates and the the Optional
Standard Deduction (OSD) as method of deduction, in lieu of the allowable
deductions under Section 34 of the Tax Code, which is 40% of the Net Sales in
item no. 38. The OSD is provided under Section 34 (L):
It is clear from the above provision that the choice for the tax rate of the
graduated income tax rates with the option to avail the OSD for SEI is not
available for Non-Resident Alien.
The purpose and relevance of this item is to indicate the income after the
OSD Allowable Deduction in item no. 39 is deducted from the Net Sales in item
no. 38.
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Item No. 41-42 – Add: Other Non-Operating Income
The purpose and relevance of this item is to indicate the share received
by a SEI who exercises his profession in a professional partnership with other
co-professionals. The income he received will be part of the computation to
determine his personal income tax liability under Section 26 of the Tax Code:
Section 26. Tax Liability of Members of General Professional
Partnerships. –
For purposes of computing the distributive share of the partners, the net
income of the partnership shall be computed in the same manner as a
corporation.
The purpose and relevance of this item is to indicate the total of the non-
operating income specified in items no. 41 and 42 and 43.
The purpose and relevance of this item is the combined income of the net
income in item no. 40 to the other income total under item no. 44.
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The purpose and relevance of this item is the Tax Due for the income
actually received during the taxable after multiplying the Total Taxable Income
in item no. 45 with the graduated income tax rates as applicable.
The purpose and relevance of this item is to input the to the total sales
transactions net of VAT, if applicable, reported during the period, without any
other deduction. These are derived from sale or exchange under Section 108 (A)
which provides:
Section 108. Value-added Tax on Sale of Services and Use or
Lease of Properties. –
(A) Rate and Base of Tax. – There shall be levied, assessed and
collected, a value-added tax equivalent to twelve percent (12%) of gross
receipts derived from the sale or exchange of services, including the use
or lease of properties. The phrase ‘sale or exchange of services’ means
the performance of all kinds of services in the Philippines for others for
a fee, remuneration or consideration, including those performed or
rendered by construction and service contractors; stock, real estate,
commercial, customs and immigration brokers; lessors of property,
whether personal or real; warehousing services; lessors or distributors
of cinematographic films; persons engaged in milling, processing,
manufacturing or repacking goods for others; proprietors, operators or
keepers of hotels, motels, resthouses, pension houses, inns, resorts;
proprietors or operators of restaurants, refreshment parlors, cafes and
other eating places, including clubs and caterers; dealers in securities;
lending investors; transportation contractors on their transport of goods
or cargoes, including persons who transport goods or cargoes for hire
and other domestic common carriers by land relative to their transport
of goods or cargoes; common carriers by air and sea relative to their
transport of passengers, goods or cargoes from one place in the
Philippines to another place in the Philippines; sales of electricity by
generation companies, transmission by any entity, and distribution
companies, including electric cooperatives; services of franchise
grantees of electric utilities, telephone and telegraph, radio and
television broadcasting and all other franchise grantees except those
under Section 119 of this Code and non-life insurance companies
(except their crop insurances), including surety, fidelity, indemnity and
bonding companies; and similar services regardless of whether or not
the performance thereof calls for the exercise or use of the physical or
mental faculties. . . x x x x
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The purpose and relevance of this item is for the amount to be deducted from
item no. 36 in transactions of the SEI. This is in accordance with Section 106
(D) of the Tax Code.
The purpose and relevance of this item is it reflects the result after the
item no. 48 is deducted from item no. 47, to arrive at the net sales of the
business of the SEI pertaining to the goods in the grocery store.
The purpose and relevance of this item is to indicate the total of the non-
operating income specified in items no. 50 and 51.
The purpose and relevance of this item is the combined income of the net
income in item no. 49 to the other income total under item no. 52.
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Item No. 54 – Less: Allowable reduction from gross sales/receipts and
other non-operating income of PURELY self-employed individuals and/or
professionals in the amount of P 250, 000
b. The graduated income tax rates under Section 24 (A) (2) (a) of the Tax
Code, as amended.”
Item No. 55 – Taxable Income (Loss)
The purpose and relevance of this item is it reflects the result after the
item no. 54 is deducted from item no. 53, to arrive at the taxable income or
loss of the operations of the grocery business store.
The purpose and relevance of this item is the Tax Due for the income
actually received during the taxable after multiplying the Total Taxable Income
in item no. 55 with the 8% income tax rate.
The purpose and relevance of this item is to indicate the prior year’s tax
credits which it wants to be credit to the current taxable year. Under the rules
and jurisprudence:
If the sum of the quarterly tax payments made during the said taxable year is
not equal to the total tax due on the entire taxable income of that year, the
taxpayer shall either:
(A) Pay the balance of tax still due; or
(B) Carry-over the excess credit; or
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(C) Be credited or refunded with the excess amount paid, as the case
may be. This item pertains to unused taxed credits of the taxpayer for the
previous years.
Item No. 58 – Tax Payments for the First Three (3) Quarters
The purpose and relevance of this item is to indicate the Creditable Tax
Withheld from the taxpayer during the First Three (3) Quarters pursuant to Section 74
(B) of the Tax Code:
Item No. 59 – Creditable Tax Withheld for the First Three 3 Quarters
The purpose and relevance of this item is to reflect the Creditable Tax Withheld
from the taxpayer during the First Three (3) Quarters pursuant to Section 57 of the
Tax Code:
Item No. 60 – Creditable Tax Withheld per BIR Form No. 2307 for the 4 th
Quarter
The purpose and relevance of this item reflects the Creditable Tax
Withheld from the taxpayer during the 4 th Quarter as reflected on his BIR Form
No. 2307 which refers to the Certificate of Creditable Tax Withheld at Source
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including government money payments made by a government office showing
therein the monthly breakdown of the total income payments made and the
total taxes withheld and remitted during the quarter/period.
The purpose and relevance of this item is to determine the amount paid
for the original income tax return filed, if this current return to be filed is an
amended return. This item is also relevant to determine the date the amended
return filed for purposes of reckoning period of the 2-year period within which
to avail of the remedy to recover the tax he paid on the original return filed
when he realize that he it is excessive or wrongfully collected upon filing an
amended return.
Section 229. Recovery of Tax Erroneously or Illegally Collected. –
In any case, no such suit or proceeding shall be filed after the expiration
of two (2) years from the date of payment of the tax or penalty
regardless of any supervening cause that may arise after payment:
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Provided, however, That the Commissioner may, even without a written
claim therefor, refund or credit any tax, where on the face of the return
upon which payment was made, such payment appears clearly to have
been erroneously paid.
The purpose and relevance of this item is for the SEI taxpayer to indicate
the desire to avail of foreign tax credits for taxes paid in a foreign country
under Section 34 (C) (3).
xxxx
The purpose and relevance of this item indicates to the other tax credits
or payments the SEI may use to deduct in the current income tax return.
The purpose and relevance of this item is to show the total credits from
items 57 to 63 in the computation of the Net Tax Payable.
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The purpose and relevance of this item is for the amount result of the
deduction of item no. 64, the amount of the total credits less the tax due from
either item 46, when the graduated income tax rates was applied or item 56,
when the 8% income tax rate is chosen.
The purpose and relevance of this item is in relation to item no. 1. This is
for the BIR to look for the records of the spouse’s income tax return in relation
to the current income tax return to be filed by the other spouse, whether they
are jointly filing their income tax return or if they are separately filing. This is
for consolidation purposes of the BIR for the other spouse’s income tax return
with the current ITR to be filed also by one of the spouses as provided in
Section 51(D).
The relevance of this item is the (TIN) supplied by the BIR to a taxpayer
as provided for under the NIRC under the Chapter on Administrative Provisions
particularly Section 236 (I) on Registration Requirements.
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Section 275 on ‘Violation of Other Provisions of this Code or Regulations
in General.”
Item No. 67 – RDO Code
The purpose and relevance of this item is to indicate whether the spouse
of the Self-Employed Individual (SEI) is a Single Proprietor or Professional.
According to the Senate Deliberations which based on passing RA 10963,
the TRAIN Law, which amended the Tax Code, a Single Proprietor is a sole
proprietor, or an independent contractor engaged in trade or business or other
venture or undertaking who reports income earned from self-employment.
A Professional refers to a person certified by a professional body
belonging to a specific profession by having completed a required course of
studies and/or practice like doctors, accountants, engineers and the likes.
Likewise, it can be a person who engages in same art or sport of money, as a
means of livelihood, rather than as a hobby and may include professional
entertainers, athletes, directors, consultants and other recipients of
professional, promotional and talent fees.
Item No. 69 – Alphanumeric Tax Code
This is provided for by BIR in the Form itself as 1011 for purposes of
what category of tax is paid for by the taxpayer. Alphanumeric tax codes (ATCs)
reflects the type of tax to be paid. They are indicated in tax returns,
representing the actual rate and type of tax to be paid.
(A) Requirements. –
(5) The income tax return (ITR) shall consist of a maximum of four (4)
pages in paper form or electronic form, and shall only contain the
following information:
(A) Requirements. –
(5) The income tax return (ITR) shall consist of a maximum of four (4)
pages in paper form or electronic form, and shall only contain the
following information:
The purpose and relevance of this item is also to determine whether the
spouse of the Self-Employed Individual (SEI) pertains to whether Resident
Citizen (RC), Non-Resident Citizen (NRC), Resident Alien (RA) or “Non-Resident
Alien Engaged in Trade or Business (NRAETB)”, to which the Tax Code imposes
different tax treatments in relation to the applicable tax rates under Section 24
(A) (2) (b) subject to different conditions.
(2) A citizen of the Philippines who leaves the Philippines during the
taxable year to reside abroad, either as an immigrant or for employment
on a permanent basis.
(3) A citizen of the Philippines who works and derives income from
abroad and whose employment thereat requires him to be physically
present abroad most of the time during the taxable year.
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(1) In General. – A non-resident alien individual engaged in trade or
business in the Philippines shall be subject to an income tax in the
same manner as an individual citizen and a resident alien individual,
on taxable income received from all sources within the Philippines. A
non-resident alien individual who shall come to the Philippines and stay
therein for an aggregate period of more than one hundred eighty (180)
days during any calendar year shall be deemed a ‘non-resident alien
doing business in the Philippines’, Section 22(G) of this Code
notwithstanding.
The purpose and relevance of this item is the applicability for the spouse of the
Self-Employed Individual to claim foreign tax credits under the Tax Code in
determining his respective total income tax liability
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Foreign Tax Credits is allowed as a deduction from gross income of the
spouse Self-Employed Individual taxpayer as long as he or she is not an Alien
expressly provided under Section 34 (C) (3) of the Tax Code which provides:
Section 34. Deductions from Gross Income. – Except for taxpayers
earning compensation income arising from personal services rendered
under an employer-employee relationship where no deductions shall be
allowed under this Section, in computing taxable income subject to
income tax under Sections 24(A); 25(A); 26; 27(A), (B), and (C); and
28(A)(1), there shall be allowed the following deductions from gross
income:
(3) Credit Against Tax for Taxes of Foreign Countries. – If the taxpayer
signifies in his return his desire to have the benefits of this paragraph,
the tax imposed by this Title shall be credited with:
xxxx
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Item No. 74 – Foreign Tax Number of Spouse
The purpose and the relevance of this item is the choice of tax rate that
may be availed of by the spouse of the SEI taxpayer in relation to the amended
rules under the Tax Code.
Applying Sec. 24 (A) (2) (b), it provides that for Self-Employed Individual
(SEI) taxpayers whether RC, NRC, RA or NRAETB, they are subject to the
following tax rates subject to certain conditions:
For self-employed individuals or practice of profession, whose gross
sales/receipts and other non-operating income does not exceed the VAT
threshold as provided in Section 109 (BB) of the Tax Code, which is (3) Three
Million Pesos shall have the option to avail of:
c. An eight percent (8%) tax on gross sales or receipts and other non-
operating income in excess of P250, 000. 00 in lieu of the graduated
income tax rates under Section 24 (A) and the percentage tax under
Section 116 of the Tax Code; or
d. The graduated income tax rates under Section 24 (A) (2) (a) of the Tax
Code, as amended.
This item is also important as it shows that if the SEI avails of the
graduated income tax rates he may also avail of the Optional Standard
Deduction (OSD) as method of deduction, in lieu of the allowable deductions
under Section 34 of the Tax Code. The OSD is provided under Section 34 (L):
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(L) Optional Standard Deduction. –
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