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Learning Outcome/s:
Understanding of the different kinds of passive income and its final withholding tax rate
Introduction:
Final income tax is one of the exception rule in the taxation of gross income. If an item of gross income is
subject to, or is exempted from, final income tax, it is no longer subject to regular income tax.
Body:
Features of Final Income Tax
1. Final tax
2. Tax withholding at source
3. Territorial imposition
4. Imposed on certain passive income and persons not engaged in trade or business in the
Philippines
Notes:
1. Deposit substitutes – alternative form of obtaining funds from the public other than deposits.
“Public” means borrowing from 20 or more lenders at any one time. Examples include banker
acceptances, promissory notes, repurchase agreements, government debt instruments and
securities.
If the debt instrument is not a deposit substitute, interest income shall not be subject to a final
withholding tax. Instead, it shall be included in the taxpayer’s income tax return (ITR).
Pre-termination of investment
If the deposit or investment is pre-terminated before the 5 th year, the entire income shall be subject
to final tax to be withheld by the depositary bank from the proceeds of the long-term deposit or
investment based on the holding period of the taxpayer.
Illustration
A long-term investment instrument with a maturity of 30 years was bought by Mr. A from a bank.
The instrument was sold successively to other investors. The holding periods of the investors are as
follows:
Holding Period FWT Rate
Mr. A (NRC) 3 years 12%
Mr. B (RA) 2 years 20%
Mr. C (NRA-ETB) 5 years Exempt
Mr. D (NRA-NETB) 5 years 25%
3. Interest on foreign currency bank deposits – taxable except if received by non-resident taxpayers.
In case of bank account that is jointly in the name of a non-resident and a resident taxpayer, only
50% of the interest shall be exempt while the other 50% shall be subject to 15% final tax.
4. Interest income from savings and time deposits of members with their credit cooperative – exempt
from the 20% FWT
Interest income from the following sources is subject to regular income tax:
a. Lending activities, whether or not in the course of business
b. Investment in bonds
c. Promissory notes
d. Foreign sources, whether bank or non-bank
e. Penalty for legal delay or default
5. Active royalties – accrue from an undertaking where the taxpayer has active involvement; income
subject to regular income tax.
Royalties, whether active or passive, earned from sources abroad are subject to regular income
tax.
6. Exempt prizes:
a. Prizes received by a recipient without any effort on his part to join a contest. Examples include
prizes from Nobel Prize, Most Outstanding Citizen, etc.
b. Prizes from sports competitions that are sanctioned by their respective national sports
organizations.
Requisites for exemption:
a. The recipient was selected without any action on his part to enter the contest.
b. The recipient is not required to render substantial future services as a condition to receiving the
price or reward.
7. Stock dividends and liquidating dividends are not income for taxation purposes.
Stock dividends are in the form of increase in corporate value (i.e., capital gain) which should be
properly taxable when realized through disposal or sale of the stocks investment.
Distribution of stocks of another corporation as dividends is a taxable property dividend.
When the liquidating dividends exceed the cost of the investment, the excess is a taxable capital
gain, subject to regular income tax.
Dividends received by taxpayers, whether individual or corporate, from foreign corporation is
subject to regular income tax.
Amount of cash reward – lower of: (1) 10% of revenues, surcharges, or fees recovered and or fine or
penalty imposed and collected; or (2) Php 1,000,000
Quarterly remittance of final taxes withheld on Filed not later than the last day of the month
interest paid on deposits/deposit following the close of the quarter.
substitutes/trusts/etc. (BIR Form No. 1602Q)
Annual information return of FWTs (BIR Form Filed on or before January 31 of the year
No. 1604CF) following the calendar year in which the
income payments subject to FWTs were paid or
accrued.
The abovementioned entities are exempt not only to final tax, but also to capital gains tax and
regular income tax.
Illustration
A resident taxpayer received a Php16,000 interest income from a bank.
Illustration
On January 1, 2021, Mr. X invested Php 1,000,000 in ABC Bank’s 5-year time deposit. The deposit pays
10% interest annually. Mr. X pre-terminated the deposit on July 1, 2024.
The net proceeds of the deposit and accrued interest to be release to Mr. X upon pre-termination shall
be:
Principal balance Php 1,000,000
2024 accrued interest income 50,000
Less: Final tax to be withheld 42,000
Net proceeds to be released Php 1,008,000
Illustration
ABC Company declared a total of Php 1,000,000 dividends on July 2020. An analysis of the recipient
shareholders is as follows:
Resident aliens and citizens Php 500,000
NRA-ETBs 100,000
NRA-NETBs 50,000
Domestic corporations 250,000
NRFCs 100,000
Total dividends Php 1,000,000
Summary:
Final income tax is an income tax which is withheld at source. It is imposed only on certain passive
incomes and to persons not engaged in trade or business in the Philippines.
References:
Income Taxation, Rex Banggawan 2019 Edition