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CLASSIFICATION OF INCOME INCOME TAX BUSINESS TAX OTHERS/NOTES:

A. Compensation Normal Tax - Subject to exemptions


- Fringe benefits Tax are Final Tax
B. Business
 Profession/Service Normal Tax VAT or OPT - Excise tax if nonessential
 Sale of Goods (ordinary assets) Normal Tax VAT or OPT - Excise tax if nonessential
- Except those Exempt from
Business Tax
C. Passive Income Normal or Final Tax
D. Capital Gains
 Sale of capital assets
 Real properties and securities Capital Gains Tax
 Others and RP outside PH Normal Tax
 Securities Trades in SEC OPT
GENERAL RULES ON TAXES:

SPECIFICATIONS:

 INCOME TAX
1. Individual
2. Corporation
 BUSINESS AND TRANSFER TAXES
A. Imposition of Tax based on Nature of Transaction

TRANSFER GAIN DOCUMENTATION/PROCESSING


MODE OF TRANSFER:
BUSINESS:
 VAT VAT (w/ ET if not essential) Income Tax Doc Stamp Tax
 Non VAT OPT (w/ ET if not essential) Income tax Doc Stamp Tax
CASUAL:
 Onerous Capital Gains Tax or Income Tax Doc Stamp Tax
 Inheritance Estate Tax No Gain Doc Stamp Tax
 Donation Donor’s Tax No Gain Doc Stamp Tax
OTHERS:
 Importation Subject to Business Tax (VAT/OPT/ET) regardless of the nature of the transaction. (Whether made in the
ordinary course of business or not)
Subject to Income Tax
Subject to Excise Tax if nonessential goods are obtained.

B. VAT, OPT, ET

VAT OPT ET
Sale of Goods or Services
1. In General /
2. Exempt from VAT /
3. Exempt from Business Taxes
Sale of Sin products and Nonessential Goods / /
or Services / /

**This is applicable if you are running a single type of business or just pertaining to a single transaction.
***In case of Mixed Transactions or two or more businesses, the taxpayer may pay both VAT and OPT at the same time. Provided, that it
should be pertaining to different transactions. This is in the perspective of the Taxpayer.
ESTATE TAX:

GROSS ESTATE TREATMENT NOTES


1. Property owned by the decedent Inclusion in the GE - In case of Intangible properties of NRAs, if
its situs is within the Philippines, the
inclusion of the same is subject to the
reciprocity clause.
- With reciprocity – excluded
- Without reciprocity – included
2. Decedent’s Interest Inclusion in the GE
 Dividends declared before his death,
received after death
 Partnership profit which have accrued
before his death
 Usufructuary and rights
3. Properties not physically in the estate Inclusion in the GE - Have already been transferred during the
lifetime of the decedent but is still subject
to estate tax
 Transfer in contemplation of death Inclusion in the GE
 Transfers with retention or reservation of Inclusion in the GE
certain rights
 Revocable Transfers Inclusion in the GE
 Transfers under general power of Inclusion in the GE - Applicable to the donor and donee of the
appointment power when they die
 Transfers for insufficient consideration Inclusion in the GE - When the consideration received is less
than the FMV of the property at the time of
sale/transfer; hence, the excess of the FMV
at the time of death over the consideration
received is the amount to be included in
the GE
- But even if the consideration received is
lesser than the FMV at the time of death,
but the it was not lesser than the FMV at
the time of sale/transfer, then the same
must not be included.
4. Claims against insolvent persons (accounts Inclusion in the GE - The incapacity of the debtor should be
receivable) proven but not necessarily done judicially.
5. Proceeds of Life insurance Inclusion in the GE - When the beneficiary of the insurance is
the EXECUTOR OR ADMINISTRATOR,
whether revocable or irrevocable, it is still
included in the GE of the decedent.
- When a 3rd party is the beneficiary, only
revocable transfers are included in the GE.
- When the problem is silent, the
presumption is REVOCABLE, hence,
included.
DEDUCTIONS
ORDINARY:
a) LITe Formula for NRA:
GE Ph/GE world x Total LITe
1. Losses Inclusion in the GE - If silent, presumed that the property lost is
Deduction from the GE already included in the GE
2. Indebtedness Deduction from the GE
3. Unpaid Taxes Deduction from the GE
4. Claims Against Insolvent Persons Inclusion in the GE (whole) - Only the uncollectible amount should be
(Accounts Receivable) Deduction from the GE deducted.
b) Transfer for Public Use Inclusion in the GE - Deductible only if not more than 30% of
Deduction from the GE the proceeds were used for administration
purposes
c) Vanishing Deductions (within 5 years only) Inclusion in the GE Formula:
 Less than or 1 year = 100% Deduction from the GE Value to take (lower value)
 Beyond 1 – 2 years = 80% Less; Mortgaged assumed and paid by the donee
 Beyond 2 – 3 years = 60% Equals: Initial Basis
 Beyond 3 – 4 years = 40% Initial basis/GE Ph x Lit + TPU
 Beyond 4 – 5 years = 20% Equals: Final Basis
Final Basis x % based on the date from death to the
date of receipt of the gift
SPECIAL:
a) Standard Deduction Deduction from the GE - 5,000,000 for Resident
- 500,000 for NRA
d) Family Home Inclusion in the GE - Included in the GE but not deductible if
Deduction from the GE single
- For RESIDENTS only - The amount to be deducted should be the
FMV of the FH or 10,000,000 which ever is
LOWER. Should not exceed 10M.
- Deductible only if married or head of the
family
- If married, the basis of the limit is 50% of
the value of FH
e) Proceeds received by heirs under RA 4917 Inclusion in the GE - Requisites under RA 4917 must be present.
Deduction from the GE
- For RESIDENTS ONLY
NET SHARE OF THE SURVIVING SPOUSE Deduction from the GE - If married only
- Net Conjugal Properties before Special
deductions/2

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