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Definition of Corporation
For income tax purposes, the term “corporation”
1. shall include:
partnerships, no matter how created or organized
joint stock companies
joint accounts (cuentas en participacion)
associations, or insurance companies
mutual fund companies, regional operating headquarters of multinational
corporations
2. does not include:
general professional partnerships
joint venture or consortium formed for the purpose of undertaking
construction projects
joint venture or consortium for engaging in petroleum, coal, geothermal and
other energy operations pursuant to an operating or consortium agreement
under a service contract with the Government. (Sec. 22 B, NIRC)
Classification of Corporations
1. Domestic Corporation. A corporation created or organized in the Philippines or under
its laws.
Sources of Income
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Chapter 4 Taxation of Corporations
Passive income:
1. From sources within the Philippines,
on passive income of:
Interest under the expanded foreign (CREATE Law)
currency deposit system (EFCDS) 15% Final Tax 15% Final Tax Exempt
4. Dividends from NRFC Exempt from income Without (Not Without (Not
tax subject to below
Taxable) Taxable)
conditions:
i. reinvestment in the
domestic corporation
ii.20% or more
ownership; and
iii. 2 years or more
holding period.
(CREATE Law)
5. Interest on foreign loans 20% Final tax
Business income / other income: Taxable Income Taxable Income Gross Income
within & without Within within
30% 30% 30% Final Tax
Normal Income Tax 25% (Starting July 25% (Starting July 25% (Starting
1, 2020) 1, 2020) January 01,2021)
But, beginning on the fourth year from Or 20% subject
start of operations; whichever is higher to conditions** 2% Gross Income
of: Normal Income Tax or 2% Gross Income 1% Gross Income
Minimum Corporate Income Tax (MCIT) 1% Gross Income July 1, 2020 – June
July 1, 2020 – 30, 2023 (Create
June 30, 2023 Law)
(Create Law)
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Chapter 4 Taxation of Corporations
*Tax Sparing Credit. Dividends from domestic corporations if the country in which the foreign corporation is
domiciled does not impose income tax on such dividends, or allows a tax deemed paid credit of 15%. (10%
beginning 1 July 2020 or the difference between the CIT and 15% tax on dividends). (CREATE Law starting July 1, 2020).
**i. Net Taxable Income of not more than ₱5M; and
ii. Total assets of not more than ₱100M (excluding land on which the business entity’s office, plant and
equipment are situated)
***Domestic Corporation receive dividends from a RFC, and fifty (50) percent or more of the said RFCs gross
income for the past three (3) years prior to the dividend declaration is derived from sources within the
Philippines, it may be considered as tax-exempt income by the domestic corporation. Otherwise, the
domestic corporation would have to prove through the required sworn affidavits and certifications that it has
utilized the said dividend income.
Tax Formula
Domestic and Resident Foreign Corporation
Gross Sales/Revenues/Receipts/Fees ₱ xx
Less: Sales returns, allowances & discounts ( xx )
Cost of sales/services ( xx )
Gross income xx
Less : Allowable deductions for expenses or OSD ( xx )
Taxable income subject to normal income tax xx
X Tax rate %
Income tax due xx
Less : Tax credit / payment / withheld ( xx )
Income tax payable xx
Illustration 1
J&J Corporation had the following data for the current year its first year of operation:
Compute the income tax due on business income and the final tax if J&J Corporation is a:
1. Domestic Corporation
2. Resident Foreign Corporation
3. Non-resident Foreign Corporation
1. Domestic Corporation
Gross income, Philippines…………………………… 750,000
Gross income, Singapore……………………………. 625,000
Total…………………………………………………….. 1,375,000
Less: Deductions
Expenses, Philippines…………. 375,000
Expenses, Singapore…………. 375,000 750,000
Taxable income……………………………………… 625,000
Tax rate………………………………………………… 30%
Income tax due…..…………………………………. 187,500
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Chapter 4 Taxation of Corporations
Gross Sales ₱ xx
Less: Sales returns, allowances & discounts ( xx )
Cost of sales/Cost of goods manufactured & sold ( xx )
Gross income subject to MCIT xx
Gross Revenues/Receipts/Fees ₱ xx
Less: Sales returns, allowances & discounts ( xx )
Less: Direct costs of services ( xx )
Gross income subject to MCIT xx
Rationale: This is designed to prevent corporations from escaping being taxed by including
frivolous expenses in their statement of income (Ex. Over statement of depreciation expense)
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Chapter 4 Taxation of Corporations
Illustration 2
Excellence Inc. is a domestic corporation engaged in service activity. In its fourth year of
operations, it had:
Passive income with final tax and capital gains with capital gain tax are not included in the
quarterly and year-end computations.
If the sum of the quarterly tax payments made during the year is not equal to the total tax due
on the final return, the corporation may: a) pay the balance of the tax still due or b) carry-over
the excess tax credit or c) be credited or refunded with the excess payment.
Illustration 3
Angeles Electric Corporation a domestic corporation in its fifth year of operations had the
following non-cumulative balances at the end of each quarter for the current year:
Tax Identification Number: 000-088-802-000
Address: 1903 Robinsons-Equitable Tower, ADB Ave. cor. Poveda St., Pasig City
Telephone number: (02) 636-6483
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Chapter 4 Taxation of Corporations
The quarterly and annual income taxes due are computed as follow:
Illustration 4
A domestic corporation had the following data on computations of the normal income tax (NIT)
and minimum corporate income tax (MCIT) for five years:
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Chapter 4 Taxation of Corporations
Journal entries:
Date Account titles and explanation Debit Credit
Year 4 (1) Provision for income tax 25,000
Income tax payable 25,000
To record income tax liability using the normal tax rate
Note: In case an excess MCIT expires. Its non-application is closed to RE. Dr. RE; Cr. Deferred
Charges-MCIT
1. Prolonged labor dispute means losses arising from a strike staged by employees which
lasted for more than six (6) months within a taxable period and which has caused the
temporary shutdown of business operations.
2. Force majeure means a cause due to an irresistible force as by "Act of God" like
lightning, earthquake, storm, flood and other natural calamities. This term would also
include armed conflicts like war or insurgency.
3. Legitimate business reverses shall include substantial losses due to fire, robbery, theft
or embezzlement, or for other economic reason as determined by the Secretary of
Finance. (Sec. 27 E3, ibid.)
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Chapter 4 Taxation of Corporations
Special Corporations
Special Corporations Tax Base Rate
Domestic Corporation
Proprietary Educational Institution and Non-profit Hospital Taxable Income 10%
from all sources
If gross income from unrelated trade, business or other 1%
activity exceeds fifty percent (50%) of the total gross income (July 1, 2020
derived from all sources, it will be taxed as an ordinary – June 30,
corporation (predominance test). 2023)
Create Law
Government-Owned or Controlled Corporation (GOCC)
All corporations, agencies, or instrumentalities owned or
controlled by the govt., shall pay same tax rate upon their
taxable income in a similar business, industry, or activity.
Except the following: (Sec. 27 C, ibid.)
Social Security System (SSS)
Government Service Insurance System (GSIS)
Home Development Mutual Fund (HDMF) Create Law 4/11/21 Exempt
Philippine Health Insurance Corporation (PHIC)
Local Water Districts (LWD) (RA 10026)
Resident Foreign Corporation
International Carrier Gross Philippine 2 ½%
(International Air Carrier / International Shipping) Billings
Offshore Banking Units Interest income 10%
On interest income derived from foreign currency loans derived from (Subject to
granted to residents other than offshore banking units or local foreign currency 25% RCIT
commercial banks, local branches of foreign banks loans granted to and other
authorized by BSP to transact business with OBUs. residents taxes)
Taxable as
RFC
Create Law
Branch Profit Remittances 15%
Any profit remitted by a branch to its head office, which shall
be based on the total profits applied or earmarked for
remittance without any deduction for the tax component
thereof, except those activities which are registered with the
Philippine Economic Zone Authority.
Regional or Area Headquarters Exempt
Regional Operating Headquarters (ROHQs) of Multinational Philippine 10%
Corporation Taxable Income 25% RCIT
(Starting
January 1,
2022 Create
Law) Taxable
as RFC
Non-resident Foreign Corporation
Cinematographic Film Owner, Lessor or Distributor Gross Income 25%
from the
Philippines
Owner or Lessor of Vessels Chartered by Philippine Nationals Gross rentals, 4 ½%
lease or charter
fees from the
Philippines
Owner or Lessor of Aircraft, Machineries and Other Equipment Gross rentals or 7 ½%
fees from
Philippines
Note: There is no minimum corporate income tax for special corporations.
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Chapter 4 Taxation of Corporations
International Air Carrier - Gross Philippine Billings refers to the amount of gross revenue derived
from carriage of persons, excess baggage, cargo and mail originating from the Philippines in a
continuous and uninterrupted flight, irrespective of the place of sale or issue and the place of
payment of the ticket or passage document.
International Shipping - Gross Philippine Billings means gross revenue whether for passenger,
cargo or mail originating from the Philippines up to final destination, regardless of the place of
sale or payments of the passage or freight documents. (Sec. 28 A3, ibid.)
Illustration 5
Fast Earning University is a private educational institution. During the year it had the following
data:
Tuition fees……………..……..……………………..….. ₱ 9,000,000
Miscellaneous fees……………………………………… 1,350,000
Rent income from a building which is being leased to
commercial establishments……………..……………… 108,000
Dividend from domestic corporation…………………. 45,000
Allowable deductions…………………………………… 4,050,000
The income tax due from Fast Earning University is computed as follows:
1. Predominance test:
Related Unrelated
Tuition fees……………..……..……………………. 9,000,000
Miscellaneous fees………………………………... 1,350,000
Rent income ………..……………………………… 108,000
Dividend from domestic corporation…………….. 45,000
Totals……………………………………………….. 10,350,000 153,000
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Chapter 4 Taxation of Corporations
Unless the corporation signifies in its return its intention to elect the optional standard deduction,
it shall be considered as having availed itself of the itemized deductions. Such election when
made in the return shall be irrevocable for the taxable year for which the return is made
However, a corporation who availed and claimed this deduction is still required to submit its
financial statements when it files its annual tax return and to keep such records pertaining to its
gross income.
If you already checked the itemized deduction scheme during the first quarter, you have to use
itemized deductions for the succeeding three quarters as well.
Illustration 6
Galaxy Corporation had the following data:
The income tax due from Galaxy assuming it availed the optional standard deduction is
computed as follows: TB Ampongan
Itemized Optional
Gross sales…………..………………………………. 12,000,000 12,000,000
Less: Sales returns……….………………………… (24,000) (24,000)
Cost of sales……….…………………………. (7,200,000) (7,200,000)
Gross income...……………………………………… 4,776,000 4,776,000
Less: Expenses / OSD 40%................................... (3,000,000) (1,910,400)
Taxable income…………………………………….. 1,776,000 2,865,600
Tax rate………………………………………………. 30% 30%
Income tax due …………………………………….. 532,800 859,680
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Chapter 4 Taxation of Corporations
Tax Credit
Tax Credit is a right of an income taxpayer to deduct from income tax payable the foreign income
tax he has paid to any foreign country subject to limitation.
Substantiation Requirements – The tax credit shall be allowed only if the taxpayer establishes
to the satisfaction of the Commissioner the following:
1. The total amount of the income derived from sources without the Philippines;
2. The amount of income derived from each country, the tax paid or incurred to which is
claimed as a credit under said paragraph, such amount to be determined under rules
and regulations prescribed by the Secretary of Finance; and
3. All other information necessary for the verification and computation of such credits.
(Sec. 34, C NIRC)
http://www.scribd.com/doc/16884100/Taxation-Reviewer
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Chapter 4 Taxation of Corporations
Illustration 7
Answer:
Net income, Country A……………………………. 75,000
Net income, Country B……………………………. 60,000
Net income, Philippines…………………………… 165,000
Net income, world…………………………………. 300,000
Limitation B:
All foreign income tax paid………………………….. 4,300
Formula: (135,000/300,000 x ₱10,000)……….. 4,500 4,300
Allowed………………………………………………………………….. 3,800
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Chapter 4 Taxation of Corporations
Notwithstanding the provisions in the preceding paragraphs, the income of whatever kind and
character of the foregoing organizations from any of their properties, real or personal, or from
any of their activities conducted for profit regardless of the disposition made of such income,
shall be subject to tax imposed under NIRC. (Sec. 30, NIRC)
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