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Cia15 Study Guide 4 Bac 103 Taxation Income Taxation Sfernando
Cia15 Study Guide 4 Bac 103 Taxation Income Taxation Sfernando
0 10-July-2020
MODULE OVERVIEW
At the end of this module, you should be able to demonstrate mastery of the following:
d. types of tax
returns, their Demonstrate mastery of the following:
deadline and place
of filling a. types of taxation schemes and their scope
b. concept of accounting period and its types
c. concept of accounting methods and their accounting process LEARNING
CONTENTS (title of the subsection)
The tax schemes are mutually exclusive. An item of gross income that is subject to tax in one
scheme will not be taxed by the other schemes. Similarly, items of income that are exempted in
one schemes are not taxable by the other schemes.
Active or regular income arises from transactions requiring a considerable degree of effort or
undertaking from the taxpayers. It is the direct opposite of passive income.
Capital gains arise from the sale, exchange and other disposition of capital assets Ordinary
gains arise from the sale, exchange and other disposition of ordinary assets.
The NIRC identifies capital gains tax as a final tax but they are not actually final tax similar to
those imposed under final income taxation. The taxpayer still files a capital gains tax. Capital
gains taxation applies only to two types of capital assets domestic stocks and real property.
Items of gross income from these sources are measured using an accounting method,
accumulate over an accounting period. And reported through an income tax return.
ACCOUNTING PERIOD
Accounting period is the length of time over which income is measured and reported.
Calendar year
The calendar accounting period starts from January 1 and ends December 31. This accounting
period is available to both corporate taxpayer and individual taxpayers.
Under the NIRC, the calendar year shall be used when the:
1. Taxpayer’s annual accounting period is other than a fiscal year
2. Taxpayer has no annual accounting period
3. Taxpayer does not keep books
4. Taxpayer is an individual
Fiscal year
A fiscal accounting period is any 12 – month’s period that ends on any day other than
December 31. The fiscal accounting period is available only to corporate income taxpayers and
is not allowed to individual income taxpayers.
Under the NIRC, the return is due for filling on the fifteenth day of the fourth month following
the close of taxable year of the taxpayer. The regular tax due is payable upon filling of the
income tax return.
Illustration
Palawan Inc. started business operation on June 30, 2014 and opted to use the calendar year
accounting period.
Palawan should file first income tax return covering June 30 to December 31, 2014 for the year
2014. The return must be filed on or before April 15, 2015.
2. Dissolution of business – The accounting period covers the start of the current year to
the date of dissolution of the business.
Illustration
Tawi-tawi Inc. is on the fiscal year accounting period ending every March 31; it ceased
business operation on August 15, 2014.
Tawi-tawi should file its last income tax return covering April 1 to August 15, 2014.
Under the old NIRC, dissolving corporation shall file their return within 30 days from the
cessation of activities or 30 days from the approval of merger by the Securities and Exchange
Commission in the case of merger, (BPI vs. CIR 1444653, August 28, 2011). Hence, the return
shall be filed on or before September 15, 2014.
For individuals, the return shall be due on or before April 15, 2015. There is a requirement for
early filling under the NIRC.
Illustration 1
Effective February, 2014, Sulu Corporation change its calendar accounting period to a fiscal
year ending every June 30.
Sulu Corporation shall file an adjustment return covering the income from January 1 to June
30, 2014 on or before October 15, 2014.
Illustration 2
Effective August 2014, Zamboanga Company change its fiscal year accounting period ending
every June 30 to the calendar year.
Zamboanga Company should file an adjustment return covering July 1 to December 31, 2014
on or before April 15, 2015.
2. Death of the taxpayer – The accounting period covers the start of the calendar year
until the death of the taxpayer.
Illustration
Mr. Jacob died on November 2, 2014.
The heirs of Mr. Jacob or his estate administrators or execute shall file his last income tax
return covering his income from January 1 to November 2, 2014. There is no requirement for
early filling case of death of taxpayer. Hence, he income tax
Return shall be file on or before the usual deadline, April 15, 2015.
Illustration
The accounting period of taxpayer under the calendar year basis was terminated by the CIR on
August 1, 2014.
The taxpayer must file an income tax return covering January 1 to August 2, 2014. The income
tax return and the tax shall be due and payable immediately.
LEARNING ACTIVITY 1
REFLECTION ON LEARNING
Differentiate between Fiscal period vs Accounting period
Deadline of submission
ACCOUNTING METHODS
Accounting methods are accounting techniques used to measure income.
1. Accrual basis
Under the accrual basis of accounting income is recognize when earned regardless of
when received. Expense is recognizing when incurred regardless of when paid.
Income is said to have accrued when the right to receive is established or when an
enforceable right to secure payment is created against the counterparty.
2. Cash basis
Under the cash basis of accounting income is recognized when received and expense is
recognizing when paid.
Tax and accounting concepts of accrual basis and cash basis distinguished
The financial accounting concepts of accrual basis are similar to their tax counterparts,
except only for the following tax rules:
1. Advance income is taxable upon receipt.
Income received in advance is taxable upon receipt in pursuant to the Lifeblood
Doctrine and the Ability to Pay Theory. The subsequent taxation of advanced income in
the period earned will expose the government to risk of non-collection.
Normally, the expensing of prepayments does not properly reflect the important of the
taxpayer. It also contradicts the Lifeblood Doctrine as is effective defers the recognition of
income.
Illustration
A taxpayer providing service reported the following in 2015 and 2016:
2015 2016
Collection from services rendered P 500,000 P 800,000
Accrued income from accrued income service rendered 500,000 400,000
Collection from accrued income of 2015 - 470,000
Collection for services not yet rendered 300,000 200,000
Payment of expenses of current period 400,000 600,000
Accrued expenses 100,000 150,000
Payment of accrued expenses of 2015 - 100,000
Payment for expenses of the following year 200,000 300,000
2015 2016
Cash income P 500,000 P 800,000
Accrued income 500,000 400,000
Collection for future services – advances 300,000 200,000
Total gross income P 1,300,000 P 1,400,000
Less: Deductions
Cash expenses P 400,000 P 600,000
Accrued expense 100,000 150,000
Amortization of 2015 prepaid expense - 200,000
Total deductions P 500,000 P 950,000
Net income P 800,000 P 450,000
2. In accounting expense is recognized when accrued even if not yet paid. Prepaid
expenses are inherently not deducted. Hence, no adjustment for prepayments is
necessary under accrual basis.
2015 2016
Collection from services rendered P 500,000 P *1,270,000
Collection for future services – advances 300,000 200,000
Total gross income P 800,000 P 1,470,000
Less: Deduction
Payments of expenses P 400,000 P **700,000
Amortization of 2015 prepayments - 200,000
Total deduction P 400,000 P 900,000
Net income P 400,000 P 570,000
Note: P800, 000 + P470, 000 = P1, 270,000*; P600, 000 + P100, 000 = P700, 000**
Seller of goods
The gross income of taxpayers selling goods is determined as follows:
Sales P xxx,xxx
Less: Cost of goods sold xxx,xxx
Gross income P xxx,xxx
The expensing of the purchase cost of goods does not properly and fairly refers the income of
the taxpayer particularly when there are significant fluctuations for inventory levels between
accounting periods. This could expose the taxpayer to risk BIR assessment. The use of accrual
method is suggested but of course subjects is a practical and cost consideration.
Hybrid basis
The hybrid basis is any combination of accrual basis, cash basis and or other methods of
accounting. It is used when the taxpayer has several business which employ different
accounting methods.
Illustration
Mr. Roxas has two proprietorship businesses: a service business which uses cash basis and a
trading business which uses accrual basis.
The gross income as determined by cash basis in the service business and the gross income as
determined by the accrual basis in the trading business are simply combined. There is no
requirement to measure the income of different business under a single accounting method.
Installment method
Under the installment method, gross income is recognized and reported is proportion to the
collection from the installment sales.
3. Casual sale of non-dealer in property, real or personal, when their selling price exceeds
P1,000 and their initial payments does not exceed 25% of the selling price
Initial Payment
Initial payment means total payments by the buyer, in cash or property, in the taxable year the
sale was made. The term “initial payment” is broader than down payment. It also includes the
installment payments in the year of sale.
Selling price
Selling price means the entire amount for which the buyer is obligated to the seller. It is
computed as follow:
Contract price
The contract price is the amount receivable in the cash or other property from the buyer. It is
usually the selling price in the agreement whereby the debtor assumes indebtedness on the
property.
Comprehensive Illustration
Canlubang Company, a car dealer, sold a machine with a tax basis of P1, 200, 000 on
installment on January 3, 2016. Canlubang received a P200, 000 cash down payment and a P1,
800,000 promissory note for the balance payable in six installments of P300, 000 every July 3
and January 3 thereafter .
The selling price and gross profit on the sale is computed as follows:
Accrual basis
Under the accrual basis, the entire P800, 000 gross profits shall be reported as gross income in
2016 the year of sale.
Installment basis
Canlubang cannot readily use the installment method because it is a dealer of cars rather than
a dealer of machineries. The sale of properties of which the seller is not a dealer is referred to
as a “casual sale “Hence, the ratio of initial payment shall be tested first.
Canlubang can use the installment method. The contract price or the amount due to be
determined next. Since there is no mortgage assumed by the buyer, the selling gross is the
contract price.
The gross profit will be reported in gross income throughout the installment period of the
formula: (Collection/ Contract price) x Gross profit
If Canlubang is dealer is in machinery, it can avail of the installment method even if the ratio of
its initial payment over selling price exceed 25% so long as the selling price on the installment
sale exceed P 1,000
In this case, selling price is no longer the contract price. The contract price of the residual
amount after deducting the mortgage from the selling price. Thus
Illustration
On January 3, 2016, Tagaytay Inc., a real property dealer, sold a lot costing P1, 400,000 for P2,
000,000. The lot was encumbered by a P1, 000,000 mortgage which assumed by the buyer. The
buyer paid P200, 000 every July 3 and January 3 thereafter.
Note that dealers of real properties are subject to limitation on the use of installment method.
The ratio of initial payment shall be determined first.
condition, all collection from the contract including the excess mortgage is a collection of
income.
Illustration
On July 1, 2016, a taxpayer made a casual sale of property with a tax basis P1, 300,000 for P2,
000, 000. The property was subject to a P1, 500,000 mortgages which was agreed to be
assumed by the buyer. The buyer paid a P100, 000 down payments with the balance due in two
installment of P200, 000 on December 31, 2016 and July 1, 2017.
Note that the gross profit on the sale in the same as the contract price. Hence, as collection
from the contract including the contract including the excess mortgage shall be
recognizes as gross income upon collection.
Under the deferred payment method, the gross income is computed based on the present value
(discounted value) of a note from the contract. The discount interest on the note is amortize
(i.e., spread) as interest income over the installment term.
Illustration
On December 31, 2015, a taxpayer sold an office building costing P1, 400,000 for P2, 000,000.
The buyer made P1, 000,000 down payments and the balanced, evidenced by a note, is due in 2
annual installments of P500, 000 every December 31 starting December 31, 2016.
Note that installments method cannot be allowed since the ratio of initial payment is already
50% (P1, 000,000/P2, 000,000).
Assume the note is non-interest bearing but can be discounted at a local bank forP900, 000.
Under the deferred payment method, the reportable gross income for each
Year shall be:
2015 2016
2017
Cash down payment P 1,000,000
Present value of the note 900,000
Selling price P 1,900,000
Less: Tax basis of the property 1,400,000
Gross income P 500,000
Note:
1. The difference between the face value and the present value of the note, known as
discount, will not be recognized in gross income at the date of sale but will be deferred
and recognized as interest income.
2. The discount is amortized as interest income upon every collection on the balance of
the note as follow: P500,000 installments/P1,000,000 total note balance x P100,000
discount
In the case of interest-bearing notes, the use of the deferred payment method will bear the
same result as the accrual basis of accounting.
There are several methods of estimating project completion in practice, but the output method
based on engineering survey is prescribed by the NIRC.
Illustration
In 2015 Cagayan Construction Company accept a P5, 000,000 fixed price construction
construct. The following shows the details of its construction activities.
2015 2016
Construction expense P 3,000,000 P 1,200,000
Engineer’s estimate of completion 70% 100%
2015 2016
Construct price P 5,000,000 P 5,000,000
Multiply by % of completion 70% 100%
Construction revenue P 3,500,000 P 5,000,000
Less: Construction revenue in prior year - 3,500,000
Construction revenue this year P 3,500,000 P 1,500,000
Less: Expense during the year 3,000,000 1,200,000
Construction gross income P 500,000 P 300,000
Under Revenue Regulations No. 2, the income from leasehold Improvements can be reported
using either of the method at the option of the taxpayer.
1. Outright method
The lessor may report as income fair market value such buildings improvements subject
to the lease at the time when such buildings improvements are completed.
2. Spread-out method
The lessor may spread over the life of the lease the estimated depreciated value of such
building or Improvements at the termination of the lease of report as income for each
year of the lease an aliquot part thereof.
Illustration
Om January 1, 2016, Anderson leased a vacant lot to Greg under a 20 – year lease contract.
Greg immediately constructed a building on the lot at a total cost of P4, 500,000. The building
has useful life of 30 years.
Outright method
Under the plain wordings of Section 49 of Revenue Regulation No. 2, Anderson shall recognize
the entire P4, 500,000 fair values of the improvements as a gross income upon completion of
the improvement in 2016. This is not income in its totality, but this is the amount referred to
by the regulation.
Spread-out method
The depreciated value of the property at the termination of the lease is the value of the year of
usage of the lessor. This can be computed by splitting the value of the improvement as follows:
Years of
User usage Allocation Cost
- Lessee 20 20/30 x P4,500,000 P 3,000,000
- Lessor 10 10/30 x P4,500,000 1,500,000
Total 30 P 4,500,000
The P1, 500,000 depreciated value of the improvement at the termination of the lessee is an
income from leasehold improvement by the lessor.
Note to Readers
It should be pointed out that this rule exists only in the regulation and is absent in the NIRC.
Some taxpayers are questioning its validity out lack of legal basis. However, it is fairly
proper to consider the depreciated value of the improvement that remains to the lessor
upon termination of the lease as income because it is an actual benefit to the lessor. These
are, in effect, additional rental consideration in kind.
However, the treatment specified by the outright method is perceived as unjust and
abusive, and is an improper introduction of legislation.
The depreciated value of the improvement as the termination of the lease should be the
proper value to be recognized as gross income under the outright method. This view is
supported by the outright method could not have been an option if the outright method
intended to tax the entire fair value of the improvement considering the huge disproportion
in the reportable gross income in the two options.
The outright method as mandated by the regulation will best apply in cases where leases
pay the lessor rentals in the form of leasehold improvements or when leasehold
improvements made by lessees are treated as reduction to cash rentals.
In such cases, the fair value of the leasehold upon completion to unquestionably income to
the lessor for taxation purposes.
Farming income
Farming income is commonly recognized using the cash basis or accrual basis cash.
However, long 0 –term crops or those that take more than one year to harvest may be
accounted for under the crop year basis.
Illustration
Juan de la Cruz, a farmer, plants a certain crop that takes more than a year to harvest. Juan
had the following data on his farming operation:
2015 2016 2017
Proceeds of harvest P - p 750,000 P 1,000,000
st
1 cropping expenses 400,000 200,000 -
2nd cropping expense - 500,000 300,000
The reportable farming income using crop year method would be:
2015 2016 2017
Proceeds of harvest - P 750,000 P 1,000,000
Less: Cropping expenses
Incurred last year 400,000 500,000
Incurred this year 200,000 300,000
Farming gross income P 150,000 P 200,000
LEARNING ACTIVITY 2
Non-compliance to the withholding tax rules shall expose the taxpayer to penalties and fine
aside from the disallowance of the expense as deduction against income.
Final withholding taxes are full taxes upon the income of the recipient. The recipient will not
pay the tax income subjected to final withholding taxes. Creditable withholding taxes are
advance taxes. The recipient of the income payments must report the income in his income tax
return and claim the creditable withholding against his tax due.
INFORMATION RETURN
Certain taxpayers are also required to file information to the government. These information
returns do not involve any payment or withholding of tax but are essential to the government
in its tax mapping efforts and in its evaluating of
the preparation of their tax returns but employs detective techniques to ascertain non-
compliance or under-compliance.
Non-compliance to the withholding tax rules shall expose the taxpayer to penalties and fine
aside from the disallowance of the expense as deduction against income.
Final withholding taxes are full taxes upon the income of the recipient. The recipient will not
pay the tax income subjected to final withholding taxes. Creditable withholding taxes are
advance taxes. The recipient of the income payments must report the income in his income tax
return and claim the creditable withholding against his tax due.
INFORMATION RETURN
Certain taxpayers are also required to file information to the government. These information
returns do not involve any payment or withholding of tax but are essential to the government
in its tax mapping efforts and in its evaluating of tax compliance. Non-filling of required
information returns are also subjected to penalties, fines and or imprisonment
Under the NIRC, the tax return shall be filed to the following as descending order of priority,
within the revenue district office where the taxpayer is registered or required to register:
1. An authorized agent bank
2. e-BIR forms
The BIR introduced the e-BIR Forms which come with an offline and online version. Taxpayers
fill up their income tax returns in electronic spreadsheet without the need of writing on paper
returns. The system ensures completeness of data on the return and is capable of online
submission. If there are no penalties that require BIR assessment, taxpayer, would have to
print a hard copy of filled tax returns and proceed directly to the bank for payment.
In case of unavailability of the eFPS during maintenance or instances of technical errors, eFPS
enrolled taxpayers may file manually.
Taxpayers under EFPS system shall e-pay their tax online through internet banking service.
The amount of the taxpayer will be auto-debited for the amount of taxes to be paid.
1. Surcharge
a. 25% of the tax for failure to file or pay deficiency tax on the non-filing
b. 50 % for willful neglect to file and pay taxes
The non-filling is considered ‘willful neglect ‘if the BIR discovered the non-filling first. This is
the case when taxpayer receives a notice from the BIR return. If the taxpayer filed a return
before the recipient of such notice the service considered simple neglect subject to the 25%
surcharge.
Note:
a. The period factor shall be multiplied by 20% interest rate to get interest factor which
will be multiplied to the tax due to compute the interest period.
b. A 30-day period in a month is considered 1 month (i.e. March 1 to March 31). But the 1-
day excess on 31-day month is ignored. Hence, March 15 to April 15 is still 1 month
even if March has 31 days.
These rules were deducted after careful examination of the illustrative guidelines on interest
penalty calculation under RR12-99.
Illustration 1
The tax return of the taxpayer was due on April 15, 2017 but was filled on June 30, 2017. The
tax due per return of the taxpayer amount to P100, 000.
April 15, 2017 to June 15, 2017 is 2 months; June 15 to June 30 is 30 days.
Hence, the period factor shall be [2/12 +15/365] or 0.2077626. The interest factor shall be
0.2077626 x 20% or 0.04155252. The interest penalty shall be computed as P100, 000 x
0.04155252 = P4, 155, 25.
Illustration 2
A taxpayer with a tax due of P100, 000 late filed on July 31, 2017. The deadline of the return
was on April 15, 2016.
April 15, 2016 to April 15, 2017 is 1 year. April 15, 2017 to July 5, 2017 is 3 months. July 15 to
July 31 is 15 days.
Hence, the period factor shall be ( 1 + 3/12 + 16/365) or 1.293856 x P100,000. The interest
penalty shall be P25, 876.
3. Compromise penalty –
Compromise penalty is an amount paid in lieu of criminal prosecution over a tax violation.
The schedules of compromise penalty related to income taxes are included in Appendix 4 for
year reference.
INTEGRATIVE ILLUSTRATION
An individual taxpayer filed his 2014 income tax return with a computed tax due to P100, 000
on July 15, 2015. A total of P20, 000. Withholding taxes was deducted by the various income
payors from his gross income.
The total if the amount of tax unpaid amount to be
paid by the Exceeds But not exceeds Compromise is taxpayer
including … … penalties shall be:
.. .. …..
Tax due 10,000 20,000 5,000
20,000 50,000 10,000 P
50,000 100,000 15,000 100,000
Less: Tax 100,000 500,000 20,000 credits
(withholding taxes) 20,000
Net tax due P 80,000
===========
Net tax due P 80,000
Plus: penalties
Surcharge (P80, 000 x 25%) 20,000
Interest (P80, 000 x 20% x 3/12) 4,000
Compromise penalty* 15,000
Total tax due P 199,000
Note:
1. The deadline of the 2014 income tax return is April 15, 2015. April 15, 2015 to July 15,
2015 is a 3-months delay.
2. Interest is computed from the net amount of tax due before the 25% surcharge.
3. The compromise penalty is taken from the table of compromise penalties of failure to
the line and or pay internal revenue tax at the time or times required by law, as
follows*
You may check the schedule of compromise penalty for late payment of income tax in Appendix
4 for your reference.
PENALTIES FOR NON-FILING OR LATE FILING OF INFORMATION RETURN
For each failure to file a separate information returns, statement or list, or keep any record, or
supply any information required by the commissioner on the date prescribe thereof, unless it is
shown that such failure is due to reasonable cause not to willful neglect, shall be subject to a
penalty off P1,000 for each such failure. Provided that the amount imposed for all such failure
during a calendar year shall not exceed P25, 000.00
To learn more about this topic, read Banggawan (2017) on pages 118-120
LEARNING ACTIVITY 3
Reflection on Learning:
Tax compliance problem
1. A tax payer was 6 month and 12 days late in filing his income tax return. If he has
P40,000 net tax due, compute the penalties in the form of interest
a. P4, 263 c. P4,267
b. P4, 211 d. P5,329
SUMMARY
REFERENCES