Professional Documents
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TRAIN Law February 21, 2018
TRAIN Law February 21, 2018
FDP Law
Effectivity
4
Section 87:
Takes effect on January 1, 2018 upon complete
publication in:
the Official Gazette, or
newspaper of general circulation
Published in the Official Gazette on December 27,
2017
FDP Law
Effectivity
5
FDP Law
Powers of Commissioner
6
(Section 5)
FDP Law
Powers of Commissioner
7
[Section 6(A)]
FDP Law
Powers of Commissioner
8
[Section 6(E)]
FDP Law
Income Tax
9
Individual Citizen and Resident Alien Income Tax Rates:
Old Rates: New Rates:
[Section 24(A)(2)]
FDP Law
Income Tax
10
[Section 32(B)(7)(e)]
FDP Law
Income Tax
11
(Section 35)
FDP Law
Income Tax
12
FDP Law
Income Tax
13
FDP Law
Income Tax
14
Illustration:
Using the old and the revised withholding tax
schedule, compute the withholding tax on the salary
of Mang Pedro, who has 2 qualified dependent
children, for the month of January with the following
details:
Gross Basic Pay PhP25,000.00
Overtime Pay 3,000.00
Rice Subsidy 1,500.00
SSS, Philhealth, PAG-IBIG ee share (included in gross pay) 993.80
FDP Law
Income Tax
15
Illustration:
Compute taxable compensation and identify regular
taxable compensation/compensation level:
Taxable Non-taxable
Gross Basic Pay PhP25,000.00
Less: SSS, Philhealth, PAG-IBIG ee share 993.80 PhP993.80
Regular Taxable Compensation 24,006.20
Add: overtime pay 3,000.00
Rice Subsidy 0.00 1,500.00
PhP27,006.20 PhP2,493.80
FDP Law
Income Tax
16
Illustration:
Compute taxable compensation (old WT table):
Taxable compensation Php27,006.20 Minimum Tax PhP1,875.00
Less: Compensation level 20,000.00 Additional Tax 1,751.55
Excess (a) 7,006.20 Total WTW PhP3,626.55
Additional Tax (b)=(a) x 25% 1,751.55
FDP Law
Income Tax
17
Illustration:
Compute taxable compensation (revised WT table):
Taxable compensation Php27,006.20 Minimum Tax PhP 0.00
Less: Compensation level 20,833.00 Additional Tax 1,234.60
Excess (a) 6,173.20 Total WTW PhP1,234.60
Additional Tax (b)=(a) x 20% 1,234.60
FDP Law
Income Tax
18
Illustration:
Compute taxable compensation and identify regular
taxable compensation/compensation level:
Taxable Non-taxable
Gross Basic Pay Ph50,000.000
Less: SSS, Philhealth, PAG-IBIG ee share 1,231.00 PhP1,231.00
Regular Taxable Compensation 48,769.00
Rice Subsidy 0.00 1,500.00
PhP48,769.00 PhP2,731.00
FDP Law
Income Tax
19
Illustration:
Compute taxable compensation (old WT table):
Taxable compensation Php48,769.00 Minimum Tax PhP4,166.67
Less: Compensation level 29,167.00 Additional Tax 5,6880.60
Excess (a) 19,602.00 Total WTW PhP10,047.27
Additional Tax (b)=(a) x 30% 5,880.60
FDP Law
Income Tax
20
Illustration:
Compute taxable compensation (revised WT table):
Taxable compensation PhP48,769.00 Minimum Tax PhP2,500.00
Less: Compensation level 33,333.00 Additional Tax 3,859.00
Excess (a) 15,436.00 Total WTW PhP6,359.00
Additional Tax (b)=(a) x 25% 3,859.00
FDP Law
Income Tax
21
Illustration:
Compute taxable compensation and identify regular
taxable compensation/compensation level:
Taxable Non-taxable
Gross Basic Pay PhP250,000.000
Less: SSS, Philhealth, PAG-IBIG ee share 1,231.00 PhP1,231.00
Regular Taxable Compensation 248,769.00
Rice Subsidy 0.00 1,500.00
PhP248,769.00 PhP2,731.00
FDP Law
Income Tax
22
Illustration:
Compute taxable compensation (old WT table):
Taxable compensation Php248,769.00 Minimum Tax PhP10,416.67
Less: Compensation level 50,000.00 Additional Tax 63,606.08
Excess (a) 198,769.00 Total WTW PhP74,022.75
Additional Tax (b)=(a) x 32% 63,606.08
FDP Law
Income Tax
23
Illustration:
Compute taxable compensation (revised WT table):
Taxable compensation PhP248,769.00 Minimum Tax PhP40,833.33
Less: Compensation level 166,667.00 Additional Tax 26,272.64
Excess (a) 82,102.00 Total WTW PhP67,105.97
Additional Tax (b)=(a) x 32% 26,272.64
FDP Law
Income Tax
24
Comparison:
FDP Law
Income Tax
25
FDP Law
Income Tax
26
FDP Law
Income Tax
27
FDP Law
Income Tax
29
FDP Law
Income Tax
30
FDP Law
Income Tax
31
Mixed Compensation
income
Business/ Annual sales
Profession ≥PhP3,000,000
Annual sales
≤PhP3,000,000
FDP Law
Income Tax
32
Question:
Mang Jose earns PhP800,000.00 annual gross
compensation and PhP2,000,000.00 gross sales from
his business. What are the taxes due from him?
Group A: compute income tax and percentage tax
assuming Mang Jose opts for schedular income tax.
Assume that Mang Jose opts for OSD and that total
non-taxable compensation is PhP100,000.00.
Group B: compute 8% gross income tax.
FDP Law
Income Tax
33
FDP Law
Income Tax
34 Schedular Rates 8% Gross Income Tax
Compensation Income PhP800,000.00 PhP800,000.00
Less: 13th Month Pay, etc. +
SSS/Philhealth/PAG-IBIG premium 100,000.00 100,000.00
Net Taxable Compensation PhP700,000.00 PhP700,000.00
Schedular Income Tax Due (@25%) 105,000.00
Gross Sales 2,000,000.00 2,000,000.00
Less: OSD/No deductions 800,000.00 000,000.00
Taxable Income 1,200,000.00 2,000,000.00
Add: Taxable Compensation 700,000.00
Multiplied by: 30% (excess PhP800,000) 1,900,000.00 8%
330,000.00 160,000.00
Add: Basic Tax 0.00
130,000.00
Tax Due
FDP Law PhP460,000.00 PhP 265,000.00
Income Tax
35
Question:
Mang Jose is self-employed and earns
PhP2,800,000.00 gross sales from his business.
Compute the 8% gross income tax on Mang
Jose’s gross sales.
FDP Law
Income Tax
36
Question:
Mang Jose is self-employed and earns PhP2,800,000.00 gross sales
from his business. Compute the 8% gross income tax on Mang
Jose’s gross sales.
FDP Law
Income Tax
37
FDP Law
Income Tax
38
FDP Law
Income Tax
39
[Section 24(B)(1)]
FDP Law
Income Tax
40
[Section 24(B)(1)]
FDP Law
Income Tax
41
[Section 24(C)]
FDP Law
Income Tax
42
FDP Law
Income Tax
43
[Section 25(C)(D)(E)(F)]
FDP Law
Income Tax
44
[Section 25(C)(D)(E)(F)]
FDP Law
Income Tax
45
[Section 25(B)]
FDP Law
Income Tax
46
[Section 27(C)]
FDP Law
Income Tax
47
FDP Law
Income Tax
48
(Section 33)
FDP Law
Income Tax
49
Compliance:
Individual whose taxable income does not exceed
PhP250,000.00, not required to file income tax return
Individuals engaged in business or practice of
profession shall file income tax return, regardless of
gross income
Income tax return shall not exceed 4 pages
(Section 35)
FDP Law
Income Tax
50
FDP Law
Income Tax
51
FDP Law
Income Tax
53
FDP Law
Income Tax
54
FDP Law
Income Tax
55
FDP Law
Estate Tax
56
6% of net estate
Previously, 5% to 20% of net estate
FDP Law
57 III. Estate Tax Computation
B. Schedule of Rates for Estate Tax
Estate tax is imposed on the net estate, as follows:
Value of Net But not over The tax shall Plus Of the excess
Estate: Over be over
FDP Law
Estate Tax
58
FDP Law
Estate Tax
59
FDP Law
60 III. Estate Tax Computation
ILLUSTRATION OF ESTATE TAX COMPUTATION: MARRIED
DECEDENT
Exclusive Conjugal Total
Family home P 2,000,000
Other real properties 5,000,000 P 7,000,000
Exclusive Properties P 2,000,000 2,000,000
Gross Estate P 2,000,000 P 7,000,000 P 9,000,000
Ordinary Deductions
Conjugal deductions
Funeral expenses (200,000) (200,000)
Other deductions (1,300,000) (1,300,000)
Net Conjugal Estate P 5,500,000 P 7,500,000
FDP Law
61 III. Estate Tax Computation
ILLUSTRATION OF ESTATE TAX COMPUTATION: MARRIED
DECEDENT (cont.) Exclusive Conjugal Total
Net Conjugal Estate P 5,500,000 P 7,500,000
Special Deductions
Family home allowance (1,000,000)
Standard deduction (1,000,000)
Medical expenses (500,000)
Net Estate before share of spouse P 5,000,000
FDP Law
Estate Tax
62
FDP Law
Estate Tax
63
FDP Law
64 III. Estate Tax Computation
Compute estate tax due under the TRAIN Law.
Exclusive Conjugal Total
Family home P 2,000,000
Other real properties 5,000,000 P 7,000,000
Exclusive Properties P 2,000,000 2,000,000
Gross Estate P 2,000,000 P 7,000,000 P 9,000,000
Ordinary Deductions
Conjugal deductions
Funeral expenses (200,000) (200,000)
Other deductions (1,300,000) (1,300,000)
Net Conjugal Estate P 5,500,000 P 7,500,000
FDP Law
65 III. Estate Tax Computation
ILLUSTRATION OF ESTATE TAX COMPUTATION: MARRIED
DECEDENT (cont.) Exclusive Conjugal Total
Net Conjugal Estate P 5,500,000 P 7,500,000
Special Deductions
Family home allowance (1,000,000)
Standard deduction (1,000,000)
Medical expenses (500,000)
Net Estate before share of spouse P 5,000,000
FDP Law
66 III. Estate Tax Computation
Compute estate tax due under the TRAIN Law.
Exclusive Conjugal Total
Family home P 2,000,000
Other real properties 5,000,000 P 7,000,000
Exclusive Properties P 2,000,000 2,000,000
Gross Estate P 2,000,000 P 7,000,000 P 9,000,000
Ordinary Deductions
Conjugal deductions
Funeral expenses (200,000) (200,000)
Other deductions (1,300,000) (1,300,000)
Net Conjugal Estate P 7,000,000 P 9,000,000
FDP Law
67 III. Estate Tax Computation
ILLUSTRATION OF ESTATE TAX COMPUTATION: MARRIED
DECEDENT (cont.) Exclusive Conjugal Total
Net Conjugal Estate P 7,000,000 P 9,000,000
Special Deductions
Family home allowance (1,000,000)
Standard deduction (5,000,000)
Medical expenses (500,000)
Net Estate before share of spouse P 3,000,000
FDP Law
Estate Tax
68
Compliance:
Gross estates of PhP5,000,000, supported with a
CPA certification (previously, PhP2,000,00)
Deadline for filing and payment: one year from
date of death (previously, 6 months from
death)
Payment by instalment: 2 years from due date
FDP Law
Estate Tax
69
Compliance:
Withdrawal from bank deposit of account
holder known to the bank to have died is
allowed, subject to 6% final withholding
tax.
FDP Law
Donor’s Tax
70
FDP Law
Donor’s Tax
71
FDP Law
Value-added Tax
73
FDP Law
Value-added Tax
74
FDP Law
Value-added Tax
75
FDP Law
Value-added Tax
76
FDP Law
Value-added Tax
77
FDP Law
Value-added Tax
78
FDP Law
Value-added Tax
79
FDP Law
Value-added Tax
80
VAT exempt:
Lease of residential unit with monthly rental of not
exceeding PhP15,000
Sale or lease of goods and services to senior citizens
and persons with disability
Transfer of property pursuant to Section 40(C)2) of
the Tax Code
Association dues, membership fees, and other
assessments and charges collected by homeowners
associations and condominium corporations
FDP Law
Value-added Tax
81
VAT refund:
90 days from submission of official
receipts/invoices in support of application
Denial of refund: appeal to CTA within 30
days from receipt of decision
FDP Law
Value-added Tax
83
FDP Law
Value-added Tax
84
Withholding VAT:
beginning in Jan. 1, 2021, from creditable
withholding tax to final withholding of 5%
FDP Law
Draft Value-added Tax Rev. Regs.
85
FDP Law
Draft Value-added Tax Rev. Regs.
86
FDP Law
Excise Tax
88
Exempt:
Milk products
100% natural fruit juices
100% natural vegetable juices
Meal replacement and medically
indicated beverages
Ground coffee
FDP Law
Documentary Stamp Tax
90
FDP Law
COMPLIANCE
91
Books of Accounts:
Corporations, companies, partnerships, or
persons whose gross annual
sales/receipts/earnings or output exceed
PhP3,000,000 are required to have their
books of accounts audited and examined
yearly by CPAs and their ITRs
accompanied by AIF.
FDP Law
COMPLIANCE
92
Invoicing:
Within 5 years from effectivity of the TRAIN,
taxpayers engaged in export, e-
commerce, and large taxpayers shall issue
electronic receipts or sales or commercial
invoices in lieu of manual receipts or sales
or commercial invoices. .
FDP Law
COMPLIANCE
93
FDP Law
COMPLIANCE
94
Penalties:
The fines and imprisonment for tax criminal
violations have been increased
Deficiency interest cannot be collected
simultaneous with basic interest
Deficiency interest shall be assessed and
collected from the date prescribed or
upon issuance of notice and demand
FDP Law
COMPLIANCE - TRANSITORY
95
Percentage Tax:
Pay Percentage Tax on quarterly basis using BIR
Form 2551Q
No need to pay monthly Percentage Tax
Withholding of Other Percentage Taxes and VAT:
Still on a monthly basis using BIR Form 1600
FDP Law
COMPLIANCE - TRANSITORY
97
Sample 0605:
BIR Form 0605: for CWT and FWT for 1st 2 months
of every quarter
10th/15th day after month of withholding
ATC: MC 200
Tax Type: WE or WF
FDP Law
PROCEEDS OF TAX COLLECTION
98
FDP Law
PROCEEDS OF TAX COLLECTION
99
30%
70%
FDP Law
TAX AMNESTY – HB 7105
100
FDP Law
TAX AMNESTY – HB 7105
101
No assessments
Individuals, trusts, estates: 8% of the net worth or
PhP10,000.00, whichever is higher
Partnerships, corporations, cooperatives:
With capital of up to PhP10M: 8% of net worth or
Php10,000, whichever is higher
With capital of above PhP10M to PhP50M, 8% of net worth
or PhP100,000, whichever is higher
With capital of above PhP50M to PhP100M, 8% of net
worth or PhP1,000,000, whichever is higher
With capital of above PhP100M, 8% of net worth or
PhP10,000,000, whichever is higher
FDP Law
TAX AMNESTY – HB 7105
102
With assessments
50% of the basic tax assessed
FDP Law
103
Questions?