Professional Documents
Culture Documents
Gross Income – is broadly defined as any inflow of wealth to the taxpayer from whatever source, legal or illegal, that
increases net worth. It includes income from employment, trade, business or exercise of profession, income from
properties, and other sources such as dealings in properties and other regular or casual transactions.
Elements of Gross Income
1. It is a return on capital that increases net worth.
- Return on Capital is income subject to income tax
- Return of Capital is not Taxable
Illustration
ABC Purchased goods for P300 and sold them for P500. The P500 consideration can be analyzed as follows:
Selling Price (total consideration received) P 500 Total Return
Cost (value of inventory forgone) 300 Return of Capital
Mark-up (gross income) P 200 Return on Capital
Capital Items deemed with infinite value
There are capital items that have infinite value and are incapable of pecuniary valuation. Anything received as
compensation for their loss is deemed a return of capital.
Examples:
1. Life (Life Insurance)
2. Health (Personal Injuries or Tortuous acts)
3. Human Reputation (Oral Defamation or slander)
2. It is a realized benefit.
The term realized means earned. It requires that there is a degree of undertaking or sacrifice from the taxpayer to be
entitled of the benefit.
Requisites of a realized benefit:
1. There must be an exchange transaction.
2. The transaction involves another entity.
3. It increases the net worth of the recipient.
3. It is not exempted by law, contract, or treaty.
8. Annuities
-The excess of annuity payments received by the recipient over premium paid is taxable income in the year of receipt
9. Prizes and winnings
-summary rules of prizes and winnings: Individual Taxpayers
Exempt prizes
-Prizes received by a recipient without any effort on his part to join a contest Ex. Nobel Prize, Most Outstanding
Citizen, Most Benevolent Citizen of the Year, and Similar Awards.
-Prizes from sports competitions that are sanctioned by their respective national sport organizations
10. Pensions
-As a general rule, retirement benefits received by a retired employee are considered compensation income subject to
tax. This rule, however, is not without exceptions. Under Republic Act (RA) 4917, benefits granted to these employees
under a tax-qualified plan are exempt from tax if the retiring employees meet the following criteria:
-the retiring employee is at least 50 years of age and has served the employer for at least 10 years; and
-the employee has not previously availed of the privilege under a retirement benefit plan of the same or
another employer.
11. Partner’s distributive share from the net income of general professional partnership