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b. Income without - if less than 50% of the gross income of the foreign corporation for the preceding 3 years prior to the
declaration of dividend or for such part of such period as the corporation has been in existence, was derived from
sources within Phils
Passive Income
Passive Income Citizen and RA NRA-ETB NRA-NETB
Interest from any currency (usually Peso) 20% 20% 25% of gross income from sources within
bank deposit Philippines
Yield of monetary benefits from deposit 20% 20%
substitutes, trust funds and similar
arrangements
Royalties 20% 20%
*
OSD – fixed percentage deduction without regard to any actual expenses in lieu of itemized deductions
*
ITEMIZED – taxpayer specifying particular expenses to be deducted from gross income
ITEMIZED DEDUCTIONS
Ordinary Special NON-DEDUCTIBLES
Business expense Special deductions of insurance companies Personal, living and family expenses
Net OF 250, 000 if individual taxpayer is purely self-employed or practice of
profession
Interest expense Special deductions of real estate investment trusts Expenditures which are capitalized
EXN: intangible drilling and development costs incurred in petroleum
operations which may be deducted in full
Deductible tax Deductions of establishments granting sales discounts to Premiums paid by an employee
persons with disability (no double discount) a) Covering life of an employee
b) Beneficiary is an employee
Note: If the employee is the beneficiary, the premiums paid by an employee
are deductible and are fringe benefits to employees
Loss Tax incentives for employers of disabled persons Losses from sales/exchanges or property between related parties
Exchanges solely in kind pursuant to mergers/consolidations
Rate: 25% of the salary Losses from wash sales where the seller is NOT a dealer in securities
Bad debts Tax incentives for establishments granting sales discounts 1. Interest paid in advance (thru discount) by a cash-basis taxpayer.
to senior citizens The interest expense is not allowed to be deducted in the year the
cash-basis taxpayer takes out the loan (The interest expense will be
deducted only in the year the debt is paid)
2. Interest Paid Between Members of a Family or Related Taxpayers
Between the taxpayer and his brothers/sisters, spouse,
ancestors, and lineal descendants;
Between a corporation and an individual who owns,
directly or indirectly, more than 50% in value of the
outstanding stock of such corporation (except in cases
of distribution in corporate liquidation);
Between 2 corporations where more than 50% in value
of the outstanding capital stock of each corporation is
owned, directly or indirectly, by the same individual
(except in cases of distribution in corporate liquidation);
Between grantor and a fiduciary (trustee) of a trust;
Between the fiduciaries of 2 trusts having the same
grantor;
Between the fiduciary and a beneficiary of a trust.
3. If debt is incurred to finance petroleum exploration
4. Interest expense attributable to income without the Philippines of
an alien or foreign
5. Corporation
6. Interest on preferred stock which is actually a dividend
7. Interest on debt incurred to purchase a tax-exempt security
8. Interest which is not stipulated in writing
Research and development Tax incentives for establishments for participating in the
expenditures dual training system
Foreign income taxes paid taken as
deductions by resident citizens of Rate: 50% of system expenses as long as it will not
foreign corporations exceed 5% of direct expenses and in no case more than
25M/ year
ORDINARY DEDUCTIONS
Business expenses: Requisites:
1. Compensation expenses 1) Ordinary and necessary for the business;
2. Travelling expenses - must be incurred while away from 2) Incurred or paid during the taxable year;
home (“tax home”). Tax home refers to the place of work, 3) Connected with the trade, profession, or business of the taxpayer;
business, or employment. 4) Reasonable expenses of the business;
3. Entertainment, amusement and recreational, subject to 5) Substantiated by official receipts/records;
ceilings 6) The withholding tax required to be withheld has been withheld and remitted to the BIR
For taxpayers engaged in the sale of goods and
properties: ½ of 1% of net sales
For taxpayers engaged in the sale of
services/leasing of properties: 1% of net revenues.
4. Materials and supplies actually consumed in business
5. Maintenance and repairs which do not add to the value of
the property nor appreciably prolong its life
6. Rental expenses of the lessee of property used in business
Advance or prepaid rentals are not allowed to be
deducted in year of payment. Instead, advance
rentals shall be apportioned over the term of the
lease.
Taxes and other obligations of the lessor which are
paid by the lessee, are allowed as deductions.
Depreciation of leasehold improvement is available
as deduction to the lessee.
7. Advertising and selling expenses
8. Operating expenses of transportation equipment
9. Insurance premiums against fire, storm, theft, accident or
other similar losses in the trade or business
Interest expense 33% of interest income subject to Final Tax beginning January 2009
Exceptions: Where Interest Expense is Deductible in Full
1. If taxpayer has no interest income subject to Final Tax;
2. Interest on all unpaid business-related taxes (RR 13-2000);
3. Interest payments of an occupant of a socialized housing project incurred for the construction
or purchase of the house (R.A. No. 7279)
Deductible tax Requisites:
1. Paid or incurred within the taxable year;
2. Must be connected with the profession, trade, or business of the taxpayer; and
3. Is directly imposed on the taxpayer.
Examples of deductible taxes: import duties; business taxes (like percentage taxes); local business
taxes; community tax; privilege and license taxes; excise taxes, Documentary Stamp Tax (DST);
automobile registration fees; real property tax; fringe benefit tax (FBT)
Loss 1. Casualty losses due to mishap, accident, fortuitous event, robbery, theft, embezzlement of
a) Must involve ordinary properties property used in the trade, profession, or business of the taxpayer
b) Actually sustained; 2. Business losses – losses incurred in the trade, profession, or business of the taxpayer.
c) Not claimed as a deduction for estate tax 3. Net Operating Loss Cary-Over (“NOLCO”) – excess of allowable deductions (excludes NOLCO and
purposes; any item of incentive deduction under special laws that does not involve any cash outlay) over
d) Not compensated for by insurance or by other gross income in a taxable year
forms of indemnity; 4. Special losses
e) Must be reported to the BIR within 45 days a) Loss of income which was previously reported under the accrual method.
from the date of loss. b) Wagering losses – deductible only to the extent of gains or winnings.
Note: Cost of Lotto or Sweepstakes ticket will not be deductible from Lotto or
Sweepstakes winnings if such winnings are exempt from tax (not more than P10,000 if won
by a citizen or RA or regardless of the amount if won by a NRAETB)
c) Loss due to the voluntary removal of old buildings or old machinery
Losses from sale of ordinary assets EXN: No deduction: Where a taxpayer buys land on which structures are erected, and then
(b) Partner’s share in the losses of a GPP. such taxpayer proceeds to remove the structures. It is presumed that the price of the
land already includes the cost of such removal.
d) Loss of Useful Value – loss of usefulness of an asset or property used in business due to
changes in business conditions
e) Securities, shares of stock (classified as ordinary assets) becoming worthless (value is close
to zero; not mere shrinkage in value)
f) Abandonment Losses in Petroleum Operations
g) Losses from Sales of Shares of Stock Where the Seller is a Dealer in Securities
Depreciation/depletion Requisites:
1) Asset must be used in trade, business, or profession of the taxpayer;
2) Asset has a limited useful life;
3) Allowance for depreciation must be reasonable;
4) 4) Allowance for depreciation must be charged off during the year.
Pension trust contributions
Charitable contributions Requisites:
1) Contributions or gifts are actually paid;
Limit of Contributions 2) Given to entities specified by law;
1) Corporations: 5% 3) Net income of the recipient does not inure to benefit of any stockholder or individual owner;
2) Individuals: 10% 4) Taxpayer making the charitable contribution must be engaged in trade, business, or profession.
Deductible in FULL
1) Donations to the government or to GOCCs for PRIORITY ACTIVITIES in education, health, youth
and sports development, human settlements, science and culture, or economic development as
determined by the NEDA;
2) Donations to foreign institutions and organizations pursuant to treaties or agreements entered
into by the Philippine government
3) Donations to entities pursuant to special law i.e. State colleges and universities
4) Donations to accredited NGOs
a) Organized and operated exclusively for scientific, research, educational, character building,
youth and sports development, heath, social welfare, cultural, or charitable purposes;
b) No part of the net income of such NGO inures to the benefit of any private individual;
c) Uses the donation not later than the 15th day of the 3rd month after the close of its taxable
year;
d) It administrative expenses ≤ 30% of total expenses;
e) Its assets, upon dissolution, shall be given or distributed to another NGO organized for a
similar purpose, or to the state for a public purpose.
SUBJECT TO LIMIT
1) Donations to the government or GOCCs exclusively for public purpose, but not for PRIORITY
activities;
2) Donations to accredited domestic corporations or associations organized and operated
exclusively for religious, charitable, scientific, youth and sports development, cultural, educational,
or the rehabilitation of veterans;
3) Donations to social welfare institutions;
4) Donations to non-governmental organizations (“NGOs”)
MCIT – prevents tax evasion and minimizes tax avoidance schemes achieved through sophisticated and artful manipulations of deductions and other stratagems and commences on
the 4th taxable year immediately following the year in which such corporation commenced its business operations
GIT – available only to firms whose ratio of cost of sales to gross sales or receipts from all sources does not exceed 55% and its application must be authorized by the President upon
recommendation by the Secretary of Finance
IAET – If earnings and profits were distributed, shareholders would be liable to income tax thereon, whereas if there is no distribution, they would incur no tax in respect to the
undistributed earnings and profits of corporation and is being imposed as penalty and as form of deterrent to the avoidance of tax upon shareholders who are supposed to pay
dividends tax on the earning distributed to them by the corporation
Branch Profits Remittance Tax – imposed on any profit remitted by a branch to its head office based on total profits applied for earmarked for remittance without any deduction for
the tax component thereof except those activities which are registered with the PEZA and imposed in order to equalize the tax burden on foreign corporations maintaining, on one
hand, local branch offices and organizing, on the other hand, subsidiary domestic corporations
ORDINARY INCOME
Sale of Real Property Classified as Capital Asset Domestic Final tax rate of 6%
EXN: Resident Foreign Normal rate of 30%
1. Sale or raw lands to be used for social housing Non-resident foreign Final tax of 30%
projects or sold under community mortgage
2. Land transfers under CARP