Professional Documents
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TAXATION
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DISLCAIMER
BAC 3 – TAXATION 2
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AGREEMENT
I am taking part in this learning contract because the strategies listed here will help me to
learn the material and perform well in this course
BAC 3 – TAXATION 3
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Accounting Period
Accounting Methods
Tax Reporting
Payment of Taxes
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MODULE 1. TAXATION
Intended Learning Outcomes
With the help of this module, the students will be able to:
Discuss the concept, scope and limitations of Taxation and its necessity
for every government.
Demonstrate knowledge on types of taxation schemes, accounting
period, accounting methods and tax returns.
Comprehend and demonstrate knowledge on tax, its elements, and
classifications.
Explain the concept of gross income and elaborate the types of income
taxpayers.
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b. Ability to pay theory – support of the government should be provided by the taxpayers based
on their relative abilities to share in the tax burden.
MEANING OF INCOME
Income means all wealth which flows into the taxpayer other than a mere return of capital.
Income is a gain derived from labor or capital, or both labor and capital, and includes the
gain derived from the sale or exchange of capital assets.
Income is the amount of money coming to a person or corporation within a specified time,
whether as payment for services, interest, or profit form investment.
SITUS OF TAXATION
The situs of the income is the place of the income or the country which has jurisdiction to impose
the tax. For income tax purpose, income may be taxed in one or more or all of the following
places or countries –
1. The place where the taxpayer is a citizen;
2. The place where the taxpayer is a resident; and
3. The place where the income is earned or derived.
2. Net income taxation, whereby certain deductions are allowed and subtracted from the
aggregate of incomes not subject to final tax and the tax computed is based on the resulting
net income therefrom,
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2. Passive Income – earned without any action on the part of the taxpayer. The taxpayer merely
waits for the income to be received or realized. Examples include interest income and
dividends received by shareholders.
3. Capital gains – gains from selling capital assets. Capital assets are assets not used in
business, trade or profession. Capital gains taxation is applicable only on certain capital gains
listed by the law. You may visit the National Internal Revenue Code for the list.
Classification of Taxpayers
For income tax purposes, taxpayers are classified generally as follows:
1. Individuals
2. Corporations
3. Partnerships
4. Estates and Trust
INDIVIDUALS
Individual taxpayers are further classified into the following categories:
A. Resident citizen – A Filipino citizen residing in the Philippines. A resident citizen is taxable
on all income derived from sources within and without the Philippines.
B. Non-resident citizen
1. A citizen of the Philippines who establishes to the satisfaction of the Commissioner the
fact of his physical presence abroad with a definite intention to reside therein;
2. A citizen of the Philippines who leaves the Philippines during the taxable year to reside
abroad, either as an immigrant or for an employment on a permanent basis;
3. A citizen of the Philippines who works and derives income form abroad and whose
employment thereat requires him to be physically present abroad most of the time during
the taxable year;
4. A citizen who has been previously considered as non-resident citizen and who arrives in
the Philippines at anytime during the taxable year to reside permanently in the
Philippines shall likewise be treated as a non-resident citizen for the taxable year in
which he arrives in the Philippines with respect to his income derived from sources
abroad until the date of his arrival in the Philippines.
A non-resident citizen is taxable only on income derived from sources within the Philippines.
C. Resident Alien – an individual who is residing in the Philippines but is not a citizen thereof,
such as:
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1. An alien who lives in the Philippines without definite intention as to his stay; or
2. One who comes to the Philippines for a definite purpose which in its nature would require
an extended stay and to that end makes his home temporarily in the Philippines, although
it may be his intention at all times to return to his domicile abroad;
A resident alien is taxable only on income derived from sources within the Philippines.
D. Non-resident Alien – an individual who is not residing in the Philippines and who is not a
citizen thereof.
1. Non-resident aliens engaged in business – aliens who stayed in the Philippines for an
aggregate period of more than 180 days during the year
a. Aliens who come to the Philippines for a definite purpose which in its nature may be
promptly accomplished;
b. Aliens who shall come to the Philippines and stay therein for an aggregate period of not
more than 180 days during the year.
CORPORATIONS
The term “corporation”, for tax purposes, shall include partnerships, no matter how created or
organized, joint-stock companies, joint accounts, association, or insurance companies. The term
shall not include general professional partnerships and a joint venture or consortium formed for
the purpose of undertaking construction projects engaging in petroleum, coal, geothermal, and
other energy operations pursuant to an operating consortium agreement under a service contract
with the government.
A. Domestic Corporation
A domestic corporation is a corporation that is organized in accordance with Philippines laws. A
domestic corporation is taxable on all income derived from sources within and without the
Philippines.
B.Foreign Corporation
A foreign corporation is one organized under a foreign law. Foreign corporations are classified
as follows:
1. Resident foreign corporation (RFC) – a foreign corporation which operates and conducts
business in the Philippines through a permanent establishment. A RFC is taxable only on
oncome derived from sources within the Philippines.
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2. Non-resident foreign corporation (NRFC) – a foreign corporation which does not operate or
conduct business in the Philippines. A NRFC is taxable only on income derived from sources
within the Philippines.
SUMMARY
The tables below show the summary of taxability of the different types of taxpayers.
Individual Taxable on income earned
Taxpayers Within Without
Resident Citizen * *
Non-resident Citizen *
Resident Alien *
Non-resident Alien *
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