Professional Documents
Culture Documents
Optional
Standard
Deduction
—GROUP REPORTING—
OBJECTIVES
Define Optional Standard Deduction
Percentage of Optional Standard Deduction
Define individual and corporate osd
Rules in determination of OSD for individual taxpayers
Rules in determination of OSD for corporate taxpayers
Optional Standard Deduction and NOLCO
Optional Standard Deduction and Net Capital Loss Carry
Over
Page 3
Optional Standard
Deduction
in lieu of the itemized deductions including NOLCO
allowable under the NIRC and special laws
Under OSD, the allowable deduction of the taxpayer is
simply presumed as a percentage of gross sales or
receipt for individuals and gross income for corporation
However, does not relieved the taxpayers of the
responsibility to deduct withholding tax on certain
income payments as required by NIRC
Who can claim OSD?
General rule: all taxpayers subject to tax on taxable net
income
Except: NRA-ETB and those mandated to use itemized
deductions
Page 4
Mandatory Itemized
Deductions ( RR2-2014)
1 2
Corporation Individual
Excempt GOCCs and non stock, non- Excempt individuals under the NIRC and
profit corporation with no taxable income special laws with no other taxable income
Those with income but subject to special/ Those with income but subject to
preferential tax rates special/preferential tax rates
Those with income but subject to regular Those with income subject to regular income
corporate income tax and tax and special /preferential income tax
special/preferential tax
Page 5
Individual Taxpayers
— 40% of total sales/revenues/receipts/ fees
Standard
c. Those selling services under the accrual
basis — 40% of revenue
Key points:
Gross Receipts
Amounts actually or constructively received during the taxable
year
For sellers of services employing the accrual basis of accounting
, the term "gross receipts" shall mean the amounts earned as
gross revenue during the taxable year
OSD for indvidual taxpayer is computed as:
Additional info:
Optional Standard Deduction and
NOLCO
NOLCO is an item of deduction
OSD isna proxy for all itemized deduction
NOLCO is deemed included in the claimable OSD
included in
3 Utility expenses
4 Selling expenses
Business 5 Rent
Expense
6 Local Taxes and Permits
7 Travel Expense
Accounting Methods on Deductions
1 2
SALARIES,
T R AV E L A N D
RENT STR expenses
EX P EN S ES
are included in
Business
Expenses. Either
one of the items
or other
deduct ible
expenses.
Expenses, SALARY TRAVEL RENT
in G e n e r a l
SALARIES
EX P EN S ES
DEFINITION SALARY TRAVEL RENT
2 Reasonable in amount,
4 Actually paid or incurred in the year for which you claim the deduction.
A c c r ua l
Cash
Method
M e t hod
Accrual method taxpayers claim the deduction for the
year in which the obligation to pay is established and
Cash method taxpayers must claim the deduction for
when the services are performed, even if the actual
the salary, wage, or benefit payment in the year it's paid
paycheck is distributed later.
to the employee.
Example: I f the employee's pay period ended on
December 31 and your paychecks are issued a week
Example: Vacation pay or last paycheck later, you could deduct the amount for that last pay
period of the year.
Salaries Expenses
E X C E P T I O N T O T H E RULES:
T R AV E L
EX P EN S ES
DEFINITION SALARY TRAVEL RENT
R e q u is it e s 2
I t must be paid or incurred
during the taxable year.
of the 3
I t must be connect ed w it h
trade, profession or business.
D e d u c t ib ilit y
4 I t must be reasonable.
The amount paid shall be allow ed as
5
deduction only if it is shown that the tax
required to be deducted and withheld
therefrom has been paid to tha BIR.
LIMITS/RULES SALARY TRAVEL RENT
RENT
EX P EN S ES
DEFINITION SALARY TRAVEL RENT
you!
Members:
Hurboda, Aaliyah Kaye
Ramoneda, Lhogimae
https://www.wolterskluwer.com/en/expert-insights/understanding-the-tax-
consequences-of-compensation
https://www.accountingtools.com/articles/salaries-
expense#:~:text=Salaries%20expense%20is%20the%20fixed,Salaries%20ex
pense%20%2D%20accounting%20department
https://www.investopedia.com/terms/t/travelexpenses.asp
https://www.irs.gov/taxtopics/tc511
h ttps://www.iras.gov.sg/taxes/corporate-income-tax/income-deductions-
f or-companies/business-expenses/tax-treatment-of-business-
expenses- (m-r)
Hello, This
is Group 4!
Entertainment,
Amusement, and
Recreation (EAR)
Expense
Professor: Dr. Cedric Val R. Naranjo
COVERAGE of Entertainment,
Amusement, and Recreation (EAR) Expense
Entertainment facilities
- refer to yacht, vacation home or condominium, and any
similar item of real property used by the taxpayer
primarily for the entertainment of guests or employees.
EXCLUSIONS
a. Expenses treated as compensation or fringe benefits for
partners or directors
advertising
Non-Deductable
EAR Expense Expenses to Cost of
attend the admission
funeral of tickets to
friends. operas.
CEILING ON WHY?
DEDUCTION
SALES OF GOODS OR
SALES OF SERVICES
PROPERTIES
Computed as:
Computed as:
Allocation Ceiling DA
interest
There must be a valid indebtedness.
The indebtedness must be that of the taxpayer.
The indebtedness must be connected with the taxpayer’s trade, business,
exercise of profession.
Interest expense must have been paid or incurred during the taxable year.
Interest must have been stipulated in writing and must be legally due.
Interest payments must not be between related taxpayers.
Interest must not be incurred to finance petroleum operations.
In case of interest incurred in the acquisition of property, used in trade, business
or profession, the same is not treated as a capital expenditure.
The interest is not expressly disallowed by law to be deducted from gross income
of the taxpayer.
Covered
Sub-topics:
Arbitrage Limit
The limit is intended to recover
the tax savings of taxpayers who
take advantage of higher regular
tax savings created from interest
expense deduction and a lower
final tax on deposit interest
income.
The Interest
Arbitrage Scheme
A corporate taxpayer which is subject to 25% regular corporate income tax
borrowed P 1,000,000 from the bank which charges 6% interest and invested
The following summarizes the effect of the interest arbitrage within a year:
Bank Loan P 1,000,000
Interest Expense (1,000,000 x .06) 60,000
analyzed as follows:
Net Interest Income P 60,000 x (100% - 20% final tax) P 48,000
Payment of interest expense to the bank (60,000)
Tax savings on interest expense (P 60,000 x 25%) 15,000
Financial Tax savings from arbitrage P 3,000
Arbitrage Limit
Limit
Under the current corporate income tax rate,
the arbitrage limit is: (25-20)/25 or 20%
limit:
Net interest income [P60,000x (100%-20%)] 48,000
Payment of interest expense to the bank (60,000)
Tax savings from allowable interest expense 12,000
Overall net tax savings 0
Deduction
Net Interest Income P 60,000 x (100% - 20% final tax) P 48,000
Payment of interest expense to the bank (60,000)
Tax savings on interest expense (P 60,000 x 25%) 15,000
Financial Tax savings from arbitrage P 3,000
Deduction
Net interest income [P60,000 x (100%-20%)] P 48,000
Payment of interest expense to the bank (60,000)
Tax savings from allowable interest expense 12,000
Overall net tax savings 0
It must be emphasized also that the basis of the arbitrage limit is
the interest income subject to final tax because no arbitrage
limit will arise on the interest income not subject to final tax. The
net interest income must be grossed-up first by the percentage
net of the final tax (100% - 20%) before computing the arbitrage.
corporate tax.
- NO arbitrage for qualified MSMEs subject to 20%
corporate tax.
- It would be computed as (20-20)/20 = 0%
- MSMEs can deduct the full amount of interest expense
without deduction of arbitrage limit.
ARBITRAGE LIMIT UNDER CREATE
TRANSITION
OF ARBITRAGE LIMIT.
TABLE OF TRANSITIONAL
ARBITRAGE LIMIT
Illustration (Computing for Arbitrage Limit)
Arbitrage Limit is computed for fiscal year ending March 2021 as:
33% x 3/12 plus 20% x 9/12= 24.25%
Deductibility of discount or
pre-deducted interest
Discount or pre-deducted interest is a
prepayment. Hence, it is NOT DEDUCTIBLE upon
release of the loan but upon PAYMENT of the
same or as it accrues as expense. If the loan is
due on installments, the interest pertaining to
each installment shall be deductible.
Other Deductible Interest Expense
Interest from tax delinquency
Interest from scrip dividends
Presented by:
PAGE 01
REQUISITES FOR DEDUCTIBILITY DEDUCTIBLE TAXES
1. It must be paid or incurred during 1. Percentage tax
the taxable year. 2. Excise tax
3. Documentary stamp tax
2. It must be paid or incurred in 4. Occupational tax
connection with the taxpayer’s trade, 5. License tax
business or profession. 6. Fringe Benefits Tax
7. Community tax
3. It must be imposed directly upon 8. Municipal tax
the taxpayer. 9. Local taxes, except special assessment
10. Foreign income tax if not claimed
PAGE 02
PAGE 03
as tax credit
NON - DEDUCTIBLE TAXES LIMITATIONS ON TAXES AS
1. Income tax provided under the DEDUCTION
PAGE 05
PAGE 04
PAGE 07
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nontaxable.
LIMITATIONS ON TAXES AS Tax Credit vs. Tax Deduction
DEDUCTION
Tax Credit Tax
Deduction
5. Foreign income tax
Subtracted Tax Due Income
Income taxes paid in a foreign from before tax
Reduces The Taxpayer’s Income upon
country can either be claimed as tax ability which tax
1. Deduction peso for peso liability is
composed
2. Tax credit
Query: Who can claim tax credit or
deduction for foreign taxes paid?
PAGE 09
deduction or tax credit for foreign taxes
paid.
DETERMINATION OF FOREIGN TAX DETERMINATION OF FOREIGN TAX
CREDIT: ONE FOREIGN COUNTRY CREDIT: WITH MULTIPLE FOREIGN
COUNTRIES
Foreign taxable
income ( 1 country) Total Foreign taxable income
X Tax Due X Tax Due
World taxable income World taxable income
PAGE 09
Example: During 2021, a self-employed individual
incurred and paid the following taxes and licences: Answer: The total amount of deductible taxes are
computed as follows
Required: Compute the total amount of deductible taxes.
Documentary stamp tax used in
Value-added tax paid to the BIR P180,000 business operation 300
Documentary stamp tax used in Fringe benefits tax 8,000
business operation 300 Community tax 2,000
Real estate tax on principal residence 5,000 Real estate tax on business property 6,000
Income tax paid for taxable year 2021 120,000 On importation of machinery for business use
Interest for late payment of tax 4,000 Custom duties 3,000
Surcharge for late payment of income tax 30,000 On car registration
Special assessment for business purposes 1,500
Fringe benefits tax 8,000 For business use 4,000
Community tax 2,000 Municipal licenses 3,000
Real estate tax on business property 6,000 Total deductible taxes 26,300
On importation of machinery for business use
Custom duties 3,000
Value-added tax 6,000
On car registration
For business use 4,000
PAGE 11
For personal use 4,500
PAGE 10
LOSSES
income taxation
CONTENT
definition on losses types of losses requisites
www.reallygreatsite.com
LOSSES RECOGNIZED UNDER THE TAX CODE
arises from due to the
loss incurred
the sales or destruction of
in trade,
exchange of property
profession, or
capital caused by an
business
assets event
ordinary loss capital loss casualty loss
REQUISITES:
They must be related to trade, business, or
profession.
REQUISITES:
Pertain to property connected with the trade,
business or profession, if the loss arises from
fires, storms, shipwreck, or other casualties, or
from robbery, theft or embezzlement.
REQUISITES:
The loss must not be compensated by
insurance or indemnity contract.
REQUISITES:
Declaration of loss must have been filed by
the taxpayer within 45 days from the date of
discovery of the casualty or robbery, theft or
embezzlement giving rise of the loss.
REQUISITES:
Loss must not have been claimed as a
deduction for estate tax purposes in the
estate tax return.
Rules on restoration or replacement of destroyed properties
1,200,000 200,000
capitalized as cost of capitalized as part of
the new building the cost of the building
LOSS OF VALUE OF ASSETS
The Internal Revenue Service (IRS) views gambling wins as income, and
therefore requires people to pay tax on the winnings.
APPLICATION OF
MATCHING RULE
LOSSES
application of matching rule
ILLUSTRATION
Assume that Krazy Corporation employs a treasurer, Mr. Kaw
Atan, with a cash bond of P300,000. In 2022, Krazy Corporation
lost P300,000 from its treasury. How much loss would be
deductible in 2022 if P300,000 was:
a. Stolen by a theft?
b. Embezzled by the Mr. Kaw?
THEFT OR EMBEZZLEMENT
ANSWER
a. If the P300,000 was stolen by a theft to the Krazy
Corporation, the entire P300,000 may be deducted as a loss of
2022.
ILLUSTRATION
Assume that Mr. Kaw Atan abandoned his job in 2023, and
despite the reasonable effort of the company and policemen
to find him he cannot be found anymore.
THEFT OR EMBEZZLEMENT
ANSWER
In this case, Krazy Corporation can now deduct a loss from
embezzlement reduced by cash bond or insurance recovery.
SPECIAL ALLOWABLE
DEDUCTIONS
Special Allowable Deductions
A. Special expenses under the NIRC and special laws.
1. Income distribution from a taxable estate or trust
2. Transfer to reserve funds and payments to policies and annuity contracts of insurance companies.
3. DIvidend distribution of a Real Estate Investment Trust (REIT) under RA 9856
4. Transfer to reserves funds of taxable cooperatives
5. Discounts to senior citizens under RA 9257
6. Discounts to persons with a disability under RA 9442
7. Additional expenses on apprenticeship agreement
LESS:
**Deduction incentives are not actual operating expenses. They are not
actual costs. Hence, they must be excluded in the amount of net
operating loss carry over.**
GENERAL PRINCIPLES
AND POLICIES
GENERAL PRINCIPLES AND POLICIES
[NOLCO OF THE ACQUIRER] In general, NOLCO shall be allowed as
a deduction of the same taxpayer regardless of the change in its
ownership.
However, under BIR Ruling 214-2012, the BIR ruled that NOLCO is not one of
the assets of the absorbed corporation that can be transferred and absorbed
by the surviving corporation, nothing that it is a privilege or deduction that
can availed only by the absorbed corporation.
REQUISITES OF DEDUCTIBILITY
1. The taxpayer must not be exempt from income tax during the taxable
year when the NOLCO incurred.
2. There has been no substantial change in ownership of the business or
enterprise.
GENERAL PRINCIPLES AND POLICIES
[RATIONALE OF THE RULE ON SUBSTANTIAL CHANGE IN OWNERSHIP]
NOLCO shall not be transferred or assigned to another person
a. Under Sec. 34(D)(3) of the NIRC, NOLCO is not allowed as a deduction
when there is a substantial change in the ownership of the business.
It is clear that the privilege for NOLCO deduction is reserved by the
law only to the group of owners who subsequently acquired a
substantial interest in the business. NOLCO is not a transferable right,
privilege, or interest.
NOLCO shall be allowed as a deduction in computing the taxpayer's
quarterly income tax returns and annual final adjustment income tax
return
(when can we deduct NOLCO? If a quarterly return and annual return
has been filed.)
GENERAL PRINCIPLES AND POLICIES
RULES IN CARRY-OVER OF NOLCO
For example, in 2021, your company is at loss and in year 2022, you
are still suffering losses, if you carry over the next year, you will first
offset the loss in year 2021.
(NOLCO deduction is not permanent or for life, it is only allowed for 3 years)
(if OSD[optional standard deductions], no NOLCO because they are arising
from allowable deduction)
if MCIT [minimum corporate income tax] > NIT [normal income tax- no
NOLCO)
GENERAL PRINCIPLES AND POLICIES
3. Any NOLCO which remains unused at the end of the three-year prescriptive
period will expire.
[Treatment of NOLCO]
Net operating loss carry-over (NOLCO) is treated as a separate item of deduction
in the next three (3) consecutive taxable years to the extent of the available net
income before NOLCO deduction in those periods.
GENERAL PRINCIPLES AND POLICIES
2021 2022 2023
LESS: Business
950,000 1,000,000 1,300,000
Expenses
Net Income
(P350,000) (P200,000) P500,000
(NOLCO)
2021 2022 2023
Net Income
(P350,000) (P200,000) P500,000
(NOLCO)
2021 NOLCO
200,000 (200,000)
application
NET OPERATING LOSS CARRY-OVER (NOLCO) - pertains to the excess of expense deduction over gross
income during a taxable year which is allowed by the law to be deducted against the net income of the
following three years.
Technically, NOLCO is not an expense. It is a special deduction incentive allowed by law. Technically,
deduction incentives are deductible only in the year they are availed of but NOLCO is exceptionally
allowed to be carried over three years.
Special deductions are other items of deductions which may or may not partake the nature of an expense,
but are allowed by the NIRC or by special laws as deductions. Special deductions include deduction
incentives to taxpayers in assisting and in complying with certain legal requirements.
Net Operating Loss (NOL) - pertains to the excess of allowable deductions over the gross income of the
business or exercise of a profession during the taxable year.
NOLCO is intended to allow the taxpayer to recoup his losses before taxation go full swing. Without
NOLCO, income taxation would result in taxation of recoveries of lost capital.
[The government wants to help new businesses that is why NOLCO is allowed as a deduction. Not all
businesses prosper immediately, and it is discouraging to think that while you are still starting your
operations, you will have to pay tax already. That is why expenses are allowed even before. Operating loss
will then become a deduction once the business starts to generate income.]
All taxpayers subject to tax on taxable income whether at the regular income tax or at preferential tax
rate can deduct NOLCO. Taxpayers who are exempt, enjoying a tax holiday, subject to tax on gross income,
or those subject to final income tax, cannot deduct NOLCO.
**Deduction incentives are not actual operating expenses. They are not actual costs. Hence, they must
be excluded in the amount of net operating loss carry over.**
• [NOLCO OF THE ACQUIRER] In general, NOLCO shall be allowed as a deduction of the same
taxpayer regardless of the change in its ownership.
Under the RR14-2001, the NOLCO of the acquirer which it incurred before the merger or
consolidation continues to be deductible even after merger or consolidation so long as there is no
substantial change in its ownership.
• [NOLCO OF THE ACQUIREE] However, NOLCO shall be allowed only if there is no substantial
change in ownership of the business: it should be held by or on behalf of the same persons which
is 75% in nominal value of outstanding share and 75% of the paid up capital.
HistorIcally, the BIR consistently ruled that NOLCO is transferable to surviving corporation since it
is viewed as part of the rights, privileges, properties, and/or interests that will be transferred to
and vested in the surviving corporation upon merger or consolidation.
However, under BIR Ruling 214-2012, the BIR ruled that NOLCO is not one of the assets of the
absorbed corporation that can be transferred and absorbed by the surviving corporation, nothing
that it is a privilege or deduction that can availed only by the absorbed corporation.
REQUISITES OF DEDUCTIBILITY
1) The taxpayer must not be exempt from income tax during the taxable year when the
NOLCO incurred.
2) There has been no substantial change in ownership of the business or enterprise.
Under Sec. 34(D)(3) of the NIRC, NOLCO is not allowed as deduction when there is a substantial
change in the ownership of the business. It is clear that the privilege for NOLCO deduction is
reserved by the law only to the group of owners who subsequently acquired substantial interest
in the business. NOLCO is not a transferable right, privilege, or interet.
• NOLCO shall be allowed as a deduction in computing the taxpayer's quarterly income tax returns
and annual final adjustment income tax return
o (when can we deduct NOLCO? If a quarterly return and annual return has been filed.)
For individuals who are mixed income earners, NOLCO is measured by separating
compensation income from business or professional income following the income
classification and globalization rule.
[NOLCO AND NET CAPITAL LOSS CARRY OVER] NOLCO is deductible against available
net income in the next three years of the operation. Net capital loss carryover is
deductible only up to the extent of the net capital gain in the immediately following year.
Net Capital loss carry-over cannot be claimed simultaneously with NOLCO. In accordance
with the income tax benefit rule, no capital loss carry-over is allowed in the year's
operation resulted in a net operating loss.
o (NOLCO deduction is not permanent or for life, it is only allowed for 3 years)
o (if OSD[optional standard deductions], no NOLCO because they are arising from
allowable deduction)
o (if MCIT [minimum corporate income tax] > NIT [normal income tax- no NOLCO)
3) Any NOLCO which remains unused at the end of the three-year prescriptive period will
expire.
• NOLCO shall be presented as a separate line item of deductions. It shall not be included as part of
other itemized deductions. It must be shown in the RECONCILIATION SECTION of the tax return
Nolco is part of the discussion regarding losses but it shall not be mixed with your other losses.
[Treatment of NOLCO]
Net operating loss carry-over (NOLCO) is treated as a separate item of deduction in the next three
(3) consecutive taxable years to the extent of the available net income before NOLCO deduction
in those periods.
To aid taxpayers during the pandemic, the CREATE law allowed NOLCO incurred during taxable
years 2020 and 2021 to be carried over a period of five (5) years. For taxpayers on a fiscal year
basis, NOLCO for fiscal year ending on or before June 30,2021 and June 30,2022 will be carried
over 5 years. Note that NOLCO incurred after this two-year period will revert back to the original
3-year carry-over period.
EXAMPLES:
● PROBLEM 1 (p559-560)
In 2021, Mr. Reales started the “ Apple glow’ (e change lng nya gud ang name sa company karl
haha) manufacturing plant with less than P3,000,000 capitalization and was registered as a
Barangay Micro Business Enterprise (BMBE). At the start of 022, Mr. Tan’s certificate of
authority to operate as BMBE was revoked when he upscaled his business operations.
Mr. Reales’ business gross income and business expense were as follows:
2021 2022 2023
Solution:
As you can see, the P350,000 net operating loss incurred in a year when the taxpayer was tax
exempt. This operating loss cannot be carried over as NOLCO. The P200,000 net operating
loss occurred in a year when the taxpayer was taxable. This operating loss can be carried over
as NOLCO. Hence, this is carried over as deduction in 2023.
● PROBLEM 2
A mixed income earner who commenced a business in 2019, had the following records for tax
purposes:
2019 2020 2021 2022
An individual taxpayer who is a mixed income earner had the following records. For the purpose
of computing NOLCO for an individual, we need to separate his income from business and
compensation. In 2019, 100,000 loss from the business operation shall be the NOLCO. In 2020,
there was net income of 60,000, from this amount, NOLCO of 60,000 will be deducted. Observe
that the deduction shall only be up to the extent of the net income, thus only the compensation
income shall be taxable in 2020. So because a portion of NOLCO was used, there still remains
40,000, which in the following year, 20,000 was used again as a deduction. Finally, on 2022,
there still remains 20,000 from the NOLCO and can still be deducted from the net income of
2022.
Now, to modify the illustration, assuming the taxpayer is a corporation. There would be no
compensation income, but our computation with regards to business income and NOLCO shall
be the same.
BAD DEBTS
BAD DEBTS
Donor donates
in cash or in kind DONOR
01 02
Value of donation
becomes deductible
CHARITABLE AND OTHER CONTRIBUTIONS
GOV’T and NGOs uses
03 funds for general welfare
or in accordance with the
organization’s cause
GOV’T institutions
and NGOs receives GOV’T
donation
01 02 GOV’T and NGOs
obtain additional funds
or assets for their cause
Requisites
REQUISITES
VINCED
REQUISITES
3
Gross Income Pxxx Gross Income Pxxx
Deductions before Contributions ( xxx) Deductions before Contributions ( xxx)
Net Income before Contributions xxx Net Income before Contributions xxx
Multiplied: Limit 10% Multiplied: Limit 5%
Threshold xxx Threshold xxx
Compare with Actual Amount xxx Compare with Actual Amount xxx
(Choose whichever is lower.) (Choose whichever is lower.)
4
ILLUSTRATION - Corporate Taxpayer
• YG Corporation had a gross income from business of
P 1,000,000, business expenses of P 400,000, and
contributions deductible but subject to limitation to JYP
Association of P 10,000 and SM Association of P 40,000.
.
• Compute the taxable income of YG Corporation.
5
ILLUSTRATION - Corporate Taxpayer
Solution:
Gross Income
“
Less: Business Expenses excluding Contributions
P 1,000,000
( 400,000)
Net Taxable Income Before Contributions 600,000
Less: Charitable Contributions Claimed
Actual Amount:
To JYP Association P 10,000
To SM Association 40,000
Total P 50,000
LIMIT (P 600,000 x 5%) 30,000 ( 30,000)
Net Taxable Income P 570,000
6
ILLUSTRATION - Individual Taxpayer
• Mark Ocampo, married, had a gross income from business of
P 800,000 and business expenses of P 600,000. He made
contributions to the City Government of Cebu for Youth and Sports
Development amounting to P 12,000, and to his barangay for road
widening P 25,000.
7
ILLUSTRATION - Individual Taxpayer
Solution:
Gross Income P 800,000
Less: Business Expenses excluding Contributions ( 600, 000)
Net Taxable Income Before Contributions 200,000
Less: Charitable Contributions Claimed
Deductible in full P 12,000
Subject to Limit (Actual) P 25,000
LIMIT (P 200,000 x 10%) 20,000 20,000 ( 32,000)
Net Taxable Income P 168,000
8
Research and development costs are costs that result from research and development
activities. Research activities aim to discover new knowledge while development
activities have for their goal the determination of the application of research knowledge
which enable the business to generate income and to reap more benefits. These
improvements of processes and formulas as well as the development of improved or
new products involve expenditures which are called research and development costs.
There are two types of research and development cost. These are:
1.) Costs for acquisition or improvements of property subject to depreciation or
depletion used in research and development.
This is the first cost that the taxpayer would likely to incur or spend on. This may
result from the construction of a facility, an establishment, or a laboratory intended to be
used for research purposes. These properties or facilities used for research are subject
to depreciation. They are capitalized as part of the cost of the property and deducted
through depreciation expense. Hence, the rules of depreciation applies and not those of
research.
2.) Other research and development costs not related to capital accounts
These may include salaries of the researcher, any feasibility studies, and any
other costs for research and development. But these do not include costs of facilities,
buildings, laboratories used for research and development.
(1) In General. - A taxpayer may treat research or development expenditures which are
paid or incurred by him during the taxable year in connection with his trade, business or
profession as ordinary and necessary expenses which are not chargeable to capital
account.
• This is because if the research and development cost is a property or chargeable
to capital account then it is subject to the rules of depreciation.
The expenditures so treated shall be allowed as deduction during the taxable year when
paid or incurred.
• It is always necessary that these expenses are ordinary for the taxpayers’
business or practice of profession. And these expenditures are related to the
taxpayer’s rate and are paid or incurred in the taxable year before it could be
deducted from the taxpayer’s gross income.
(2) Amortization of certain research and development expenditures
• Note: Let us remember that these do not include those research and
development costs that are spent to properties which are subject to depreciation.
At the election of the taxpayer, the following research and development expenditures
may be treated as deferred expenses:
a) Those paid or incurred by the taxpayer in connection with his trade, business or
profession
b) Those which are not treated as expenses
c) Those chargeable to capital account but not chargeable to property of a character
which is subject to depreciation or depletion.
SUMMARY OF RULES
Costs for acquisition of property or Other research and development costs
improvement for research purposes
1.) capitalize the cost, and At the option of the taxpayer:
2.) include the cost in computing OPTION 1- claim as outright expense; full
depreciation or depletion, whichever is expenditure in the year of incurrence of
applicable incurrence or payment
Description of table:
Let us start with the costs for acquisition of property or improvement for
research purposes which, again, refer to costs for properties, facilities, or
improvements and are costs chargeable to the property. With this, we capitalize the cost
as part of the cost of the property and we include the cost in computing depreciation or
depletion, whichever is applicable. Hence, it can be said that the rules on depreciation
and depletion applies when the research and development is related to a property.
Then second, we have other research and development costs or those costs that
are not related to capital accounts. Again, these may pertain to salary of researchers,
feasibility studies, or consultants. With this, the taxpayer has two options. (1) Taxpayer
can claim the costs as an outright expense which means these are fully deductible from
gross income in the year paid or incurred if such expenditure may be treated as ordinary
and necessary expenses. (2) The taxpayer can defer and allow the costs as a deduction
which are to be amortized over a period of no less than 60 months and it must be noted
that the amortization will only start the moment the taxpayer realize benefits from the
research and development expenditures.
ILLUSTRATION:
A manufacturer of food seasoning is continuously conducting research and
development on its product lines.
Now let us try to analyze the problem. The one million cost is used for the extension of a
property used for research, hence, it will be subject to the rules of depreciation. On the
other hand, the ₱1,800,000 could be amortized or could be deducted in full. It is up to
the taxpayer as to what option he will be taking.
In this problem, we can say that the ₱1,000,000 shall be capitalized and will be
depreciated since such costs were incurred for building the extension. This will be
considered as a building improvement and be treated as an asset subject to
depreciation. While the ₱1,800,000, at the option of the taxpayer, may either be:
• Deducted in full in the year 2018, or
• Amortized over 60 months beginning the date where the taxpayer benefits from
such research and development expenditures
However, it was mentioned in the problem that the ₱1,800,000 had immediately
benefited the taxpayer. So the building will be depreciated as follows using the straight-
line method.
𝐶𝑜𝑠𝑡 − 𝑆𝑎𝑙𝑣𝑎𝑔𝑒 𝑉𝑎𝑙𝑢𝑒
𝐷𝑒𝑝𝑟𝑒𝑐𝑖𝑎𝑡𝑖𝑜𝑛 =
𝑈𝑠𝑒𝑓𝑢𝑙 𝐿𝑖𝑓𝑒
₱1,000,000 − ₱0
𝐷𝑒𝑝𝑟𝑒𝑐𝑖𝑎𝑡𝑖𝑜𝑛 =
20 𝑦𝑒𝑎𝑟𝑠
₱1,800,000
𝐴𝑚𝑜𝑟𝑡𝑖𝑧𝑎𝑡𝑖𝑜𝑛 =
60 𝑚𝑜𝑛𝑡ℎ𝑠 (𝑜𝑟 5 𝑦𝑒𝑎𝑟𝑠)
Again, it must be noted that the taxpayer can only amortize these costs when
there is already a realized benefit. So without the realized benefit, then the
taxpayer cannot deduct the research and development cost as a deduction from
gross income.
IF you may ask, what will happen if the taxpayer would not realize any benefit from this
research such that it did not succeed? In this case, the taxpayer will deduct the entire
Other Research and Development Cost as a deduction from his gross income in full
amount.
INCOME TAXATION 1
Pension
Trust
Presented by Kylan Kym Carreon & Angel Mycha Yllah
Quinaging
MAIN TOPICS
POINTS TO TALK ABOUT
Definition
Requisites
Rules
Sample Problems
DEFINED CONTRIBUTION PLAN
indefinite.
satisfy benefit.
DEDUCTIBLE EXPENSE =
AMOUNT OF
CONTRIBUTION OR
FUNDING
NONDEDUCTIBLE
pension plan for services rendered by the employee during the year
rendered by the employee before the establishment of the pension fund and
RULE #1
RULE #2
The contribution to
Excess of
the fund is first
contribution over
attributed to current
current service cost
service cost. Hence,
is funding to
contributions are
unfunded past
deductible up to the
service cost and is
extent of current
amortized over a
service cost.
period of 10 years.
SAMPLE PROBLEMS
PROBLEM 1
In case your employer maintains a pension trust fund for its
the actuary:
The deductible pension contributions for the year 2020 and 2021 can be
computed as follows:
2020:
Note:
10 years. Past service cost is only P9,000 each year until 2029.
3. The sum of current and past service costs is the deductible pension
until 2030.
EMPLOYEES.
PENSION EXPENSE.
I N C O M E
T A X A T I O N
Special
Deductions
Arellano, Mary Rose
Azucenas, RJ Cartin
Liu, Aleah Jacynth
Subtopics
Net transfer to reserve fund and
payments to policies and annuity
contracts of Insurance Companies
Dividend distribution of REIT under
RA No. 9856
Transfer to reserve fund of
Cooperatives
N E T T R A N S F E R T O
R E S E R V E F U N D S A N D
P A Y M E N T S T O
P O L I C I E S A N D
A N N U I T Y C O N T R A C T
O F I N S U R A N C E
C O M P A N I E S
Azucenas, RJ Cartin
Net transfer to reserve funds and
payments to policies and annuity
contracts of Insurance Companies
Under the insurance code, non-life insurance companies
are required to maintain a reserve equivalent of 40%
of their gross premium, less returns and cancelation for
risk expiring between one year.
Requirement: Determine the special deductions and the net income assuming
that the required treansfer to the reserve funds were made in the same year.
SOLUTIONS
2020 2021 2022
PRequired Reserves P 672,000 P 960,000 P 800,000
Less: Prior Year-Expense 0 672,000 960,000
Amount Payable (Receivable) P 672,000 P 288,000 P(160,000)
THE NET INCOME OF INSURANCE COMPANY SHALL BE
COMPUTED AS FOLLOWS:
D I V I D E N D
D I S T R I B U T I O N O F A
R E A L E S T A T E
I N V E S T M E N T T R U S T
Presented by:
Rebleza, Sherry Ann
Pagador, Jona Marie
Monteras, Mae Kayla
Discounts to Senior Citizens &
Persons With Disability
Cost of Facilities
Improvements for PWDs
Deduction Incentives
Under Special Laws
Discounts to Senior
Citizens &
Persons With Disability
Discount to Senior Citizens
(RA 9257)
THE EXPANDED SENIOR CITIZENS’ ACT OF 2003
Receipts P 93,750
Multiply by Mandatory PWD Discount 20%
Divided by 75%
Definition
Under RA 9257, private
establishments employing senior
citizens shall be entitled to
additional deduction from gross
income equivalent to 15% of the
total amount paid as salaries and
wages to senior citizens.
Additional Claimable Compensation
Expense for Senior Citizen Employees
Conditions
1. Employment shall have to continue for at least 6
months
2. The annual taxable income of the senior citizen
does not exceed the poverty level as determined
by the NEDA (National Economic Development
Authority
Illustration
The total deductible compensation expense shall be:
Senior Citizen employees with salary grade below poverty level P 40,000
Multiply by Rate of additional deduction under RA 9257 15%
ILLUSTRATION
Compensation expense P 2,100,000
Multiply by: Rate of additional deduction 25%
Additional deductible compensation expanse 525,000
Cost of Facilities Improvements
for Disabled Persons
RA 7277: Magna Carta for Disabled Persons
Private entities that improve or modify their
physical facilities in order to provide reasonable
accommodation for disabled persons shall also be
entitled to an additional deduction from their income
equivalent to fifty percent (50%) of the direct
costs of the improvements or modifications.
(Section 8-C, Incentives for Employer).
ILLUSTRATION
Dr. Jill’s private hospital, Victorino Medical
Center, wants to improve their physical facilities
to provide better accommodation for disabled
persons. Assume that their income is
P10,000,000 and the direct costs for the
improved facilities is P1,000,000.
S cho o l A ct
allowing private entities to assist a
public school, whether elementary,
secondary, or tertiary, preferably
located in any of the twenty (20)
poorest provinces identified by the
Presidential Council for Countryside
Development or any other government
agency tasked with identifying the
poorest provinces
1 It must have a credible track record
Adopting Private
Entity
not have been prosecuted and found
3 guilty of engaging in illegalactivities
Schools located in the poorest
1 provinces
participating
schools
Other LGU experiencing sever classroom
3 shortages, insufficient budget or having
numerous poor but high performing learners
Tax Deduction
Incentive
expenses incurred by the adopting entity
for the "Adopt-A-School Program" shall
be allowed an additional deduction from
the gross income equivalent to fifty
percent (50%) of such expenses.
c. Services
2. Other than money:
1. Cash assistance, value of services
contributions or a. Personal property rendered by the donor &
donations shall the service provider and
the public school asfixed
be based on the acquisition cost
in MOA or actual
actual amount of assistance or
expense incurred by
contribution donor (lower)
appearing in the
b. Real Property
official receipt
b. Consumable goods FV ( higher of Zonal or
issued by the Assessed Value) at the
donee. acquisition cost/ value time of contribution or
at date of donation the depreciated cost
(lower) of the property (lower)
Exercise
In 2017, Aboitiz Corporation participated in the "Adopt-a-School Program" by contributing its services to a publish school in
Ermita Property, Cebu City. The agreed value fixed in the MOA for the construction of the public school building was P
2,500,000. Thus, Aboitiz Corporation was able to complete the construction at a total cost of P 1,800,000.
The Adopt-a-School Program is a priority program, Aboitiz Corporation shall be allowed to deduct the following:
RA 1 0 0 2 8
To encourage, protect, and support the practice of
breast-feeding which is believed to provide distinct
benefits to the mother and the infant aside from
saving the country's valuable foreign exchange that
may otherwise be used for milk importation.
All health and non-health facilities,
establishments, and institutions
whether operating for profit or non-
Requirements profit which employ in any workplace
nursing employees are required to
establish a lactationstation.
t o all
Est a b lishme nt s Lactation Period
References
Income
Taxation
Banggawan
:2021