Professional Documents
Culture Documents
COURSE SYLLABUS
No. of Units: 3
Semester/SY: 2020-2021
Pre-requisites: _________________
the area of legal study which deals with the constitutional, common-law, statutory and regulatory
rules that constitute the law applicable to taxation and more particularly with income taxation.
The modified Socratic method or question and answer system shall be the principal
method of instruction to enable students to think clearly under pressure, learn to analyze problem
situations and develop in them a critical attitude towards the subject matter being discussed.
However, due to the increase in the number of decided cases by the Supreme Court and the
number of new laws enacted by Congress, modern teaching techniques shall be adopted. Group
discussions, role-playing, moot court and other methods may be also used as additional methods
of instruction.
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IV. COURSE REQUIREMENTS AND GRADING SYSTEM
V. COURSE POLICIES
1. The JMC College of law requires compliance with the highest standards of academic
performance, personal integrity, and self-discipline. Attendance will be checked at the start
of every class. The Law School’s rules and regulations on attendance apply.
2. Students shall come to class decently dressed in appropriate attire. Informal or house
attire (i.e., shorts, undershirts, pajamas, flip-flop slippers, et.) is absolutely prohibited.
3. Step out of the class if you need to use your mobile phone. Laptops and similar gadgets
may be used for taking down notes or researching for class as long as they are put on
silent mode or the speakers are turned off.
I. INTRODUCTION TO TAXATION
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• Secretary of Finance vs Philippine Tobacco Institute GR 210251 April 17, 2017
C. Situs of Income
F. Aspects of Taxation
J. Taxes Classified
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A. Inherent Limitations on the Taxing Power
• Binay vs Domingo
• Planters Producs Phil vs Fertiphil Corporation
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• Commissioner v. Esso Standard, 172 SCRA 364
• Asia International v. CIR, GR 179115, 26 September 2012
• Philippine Banking Corporation v. CIR, 577 SCRA 366
• Bañas v. CA, GR 102967, 10 February 2000
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VI. INCOME TAXATION
A. Income Tax
B. Classifications and Distinctions
• Republic vs Mambulao Lumber Co., 4 SCRA 622 G.R. No. L-17725 February
28, 1962
• Domingo vs Garlitos, L-18904, June 29, 1963
• Progressive Development Corp. vs Quezon City, 172 SCRA 629
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VII. INCOME
i. Existence of income
ii. Realization of income
1. Tests of realization
2. Actual v. Constructive receipt
• Limpan Investment v. CIR (GR L-21570, 26 July 1966)
iii. Recognition of income
iv. Methods of accounting
1. Cash method
2. Accrual method
3. Installment payment
4. Deferred payment
5. Percentage of completion (Long-term contracts)
v. Test in determining whether income is earned for tax purposes
1. Realization tests
2. Claim of right doctrine or doctrine of ownership, command, or control
3. Economic benefit test, doctrine of proprietary interest
4. Severance test
5. All events test
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b. Rev. Reg. No. 10-2008, TRAIN law
c. NIRC, Sec. 32 (7) (e)
i. In General
ii. Fringe benefits
1. Sec. 33 (A), (B), (C)
2. Rev. Reg. No. 3-98
3. Rev. Reg. No. 5-2011
4. Rev. Reg. No. 8-2012
5. Definition and Concept
6. Taxable and non-taxable fringe benefits
iii. De minimis benefits
iv. Minimum wage earners (Sec. 24 (A) (2), last
paragraph)
d. Exclusions
i. Compensation for Injuries or Sickness
1. Sec. 32(b)(4), NIRC
ii. 13th Month Pay and Other benefits
1. Sec. 32 (7)(b,e), NIRC
iii. Pensions/Retirement Benefits/Separation Pay
2. Business income
• Sec. 32 (A) (2)
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• Citizens and Resident Aliens – Sec.
24(D) (1)
• NRAETB – Sec. 25 (A) (3) in rel. Sec. 24
(D)
• NIRANETB – Sec. 25 (B)
• Exception: Principal Residence (Sec. 24
(D) (2))
• Domestic Corp. – Sec. 27 (7) (5)
o SMI-ED Philippines v. CIR, GR
175410, 12 Nov. 2014
4. Interests
• NIRC, Sec. 24 (B) (1)
• Sec. 27 (D) (1)
• Sec. 27 (D) (3)
• Sec. 28 (A) (7)
• Sec. 22 (Y)
• Dumaguete Cathedral Credit Coop v. CIR; GR 182722, 22 Jan
2010
5. Rents
a. Lease of personal property
b. Lease of real property
c. Tax treatment of
i. Leasehold improvements
ii. VAT added to rental
iii. Advance rental (long term lease)
6. Royalties
a. NIRC, Sec. 24 (B) (1)
b. Sec. 25 (A) (2)
c. Sec. 27 (D) (1)
d. Sec. 28 (A) (7) (a)
7. Dividends
a. NIRC, Sec. 24 (B) (2)
b. Sec. 25 (A) (2)
c. Sec. 27 (D) (A)
d. Types of dividend
e. Cash dividend
f. Stock dividend
i. Sec. 73
ii. General Rule
iii. Exemption; Requisites
g. Property dividend
h. Liquidating dividend
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8. Prizes and Winnings
a. NIRC, Sec. 24 (B) (1)
b. Prizes (Sec. 24 (B) (1); Sec. 32 (A) (7) (c); Sec. 32 (A) (7)
(d)
c. Winnings (Sec. 24 (B) (1)
VIII. EXCLUSIONS
A. Life Insurance (Sec. 32 (B) (1))
B. Amount Received by Insured as Return of Premium (Sec. 32 (B) (2))
C. Gifts, Bequests, and Devises (Sec. 32 (B) (3))
D. Compensation for Injuries or Sickness (Sec. 32 (B) (4))
E. Income Exempt under Treaty (Sec. 32 (B) (5))
F. Retirement Benefits, Pensions, Gratuities, etc. (Sec. 32 (B) (6))
G. Miscellaneous
a. Gutierrez v. Collector, 101 Phil 713
b. NDC v. CIR, 151 SCRA 472
c. CIR v. CTA, 127 SCRA 9
d. Phil. Guaranty v. CIR, GR L-22074, Apr. 30, 1965
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i. In General
ii. Merger or Consolidation
iii. Exchange of Property for Shares of Stock
iv. Sec. 40(C)(2), NIRC
X. ALLOWABLE DEDUCTIONS
Definition
i. Deduction
ii. Expenses
1. Revenue Expenditure
2. Capital Expenditure
iii. Concept
iv. Nature
v. Distinction:
1. Exclusion
2. Tax Credit
3. Cost of Goods Sold or Cost of Services
vi. Taxpayers entitled to claim deductions – Sec. 34 NIRC
vii. Types of Deduction
1. Itemized Deduction
2. Optional Standard Deduction
3. Special Deduction
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8. Option given to Private Educational Institutions – Sec. 34 (A) (2)
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ii. Distinction: Net Operating Loss Carry-over
e. Retirement of Bonds, etc.
f. Gains and Losses from Short Sales, etc.
g. Determination of Amount and Recognition of Gain or Loss –
Sec. 40.
i. Computation
ii. Basis for Determining Gain or Loss
iii. Rules on Exchange of Property
1. General Rule
2. Exception
a. Merger or Consolidation
b. Control
iv. Definitions – Sec. 40 (6)
h. Securities Becoming Worthless – Sec. 34 (D) (4) (b), Sec. 34
(E) (2)
▪ China Banking Corporation v. CA, et al, GR No.
125508, 19 July 2000
6. Losses from Wash Sales of Stock or Securities – Sec. 34 (D) (5), Sec.
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7. Wagering Losses – Sec. 34 (D) (6)
8. Abandonment Losses – Sec. 34 (D) (7)
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A. Individuals
a. Resident Citizens, Non-resident Citizens, and Resident Aliens
b. Non-resident aliens engaged in trade or business
c. Non-resident aliens not engaged in trade or business
d. Special Aliens (Sec. 25 (C), (D), (E))
B. Corporations
a. Domestic corporations
i. Normal Tax – (Sec. 27 (A))
ii. Passive Income
iii. Capital Gains
iv. Special Domestic Corporations
1. Proprietary Educational Institutions and Hospitals (Sec. 27 (B))
v. Minimum Corporate Income Tax (MCIT) (Sec. 27 (E))
1. Applicability
2. MCIT Carry-over
3. Relief
b. Foreign Corporation
i. Resident Foreign Corporation
1. Normal Tax (Sec. 28 (A) (1))
2. MCIT (Sec. 28 (A) (2) in relation to Sec. 27 (E))
3. International Carriers (Sec. 28 (A) (3)
4. Offshore Banking Units
5. Tax on Branch Profits Remittances
6. Multinational Companies (Sec. 28 (6)
• Regional or Area Headquarters
• Regional Operating Headquarters
7. Passive Income
8. Bank Deposits and Yields from Deposit Substitutes, etc. and
Royalties (Sec. 28 (7) (a))
9. Income Derived under the EFCDS (Sec. 28 (7) (b)
10. Capital Gains
• Shares of Stock (Sec. 28 (7) (c))
• Intercorporate Dividends (Sec. 28 (7) (d))
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o Owner or Lessor of Aircraft, Machineries, and Other
Equipment (Sec. 28 (B) (4))
• Interest on Foreign Loans (Sec. 28 (B) (5) (a))
• Intercorporate dividends (Sec. 28 (B) (5 (b))
• Capital Gains – Shares of Stock not Traded in Stock Exchange
(Sec. 28 (B) (5) (c))
A. Individuals – Sec. 51
a. ITR
i. Definition and Nature
1. Pay as you file system – Sec. 56 (A) (1)
ii. Who are required to file ITR
1. Substituted filing
a. Applicability
2. Marginal income earners v. MWE
iii. Who are not required to file ITR
b. Where to File
c. When to File
i. Annual
ii. Quarterly – Sec. 74 (A), (B), and (C)
1. Estimated tax
2. Time of Filing and Payment
3. Remedies for excess tax payments
a. Tax Refund
b. Tax Credit Certificate
c. Tax Credit against quarterly income tax liabilities
iii. Capital gains – See also Sec. 56 (A) (3)
1. Shares of Stocks not traded in the LSE
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2. Real Property
d. Husband and Wife
e. Children
f. Persons Under Disability
g. Signature presumed correct
B. Corporations – Sec. 52
a. What to File
b. When to File
i. Quarterly – Sec. 75, Sec. 77
1. Calendar year
2. Fiscal year
ii. Final Adjustment Return – Sec. 76
1. Options of the Taxpayer for discrepancies in the total quarterly tax
payments and final adjustment returns
a. Pay the balance
b. Carry-over the excess credit
c. Tax Refund
d. Irrevocability of choice
Recommended References:
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