Professional Documents
Culture Documents
MODULE 9:
GROSS INCOME
I. Pre-test / Activity
1. As a rule, this is not part of taxable income.
A. Profit sharing
B. Hazard pay
C. Overtime pay
D. 13th month pay
2. This is a taxable income.
A. Retrenchment pay
B. SSS/GSIS benefits
C. Separation pay due to resignation
D. Refund of Philippine Income Tax
II. Content
A. INCOME TAX SYSTEMS
1. Global – System employed where the tax system views indifferently the tax base and generally treats in
common all categories of taxable income of the individual. All items of gross income and deductions are
reported in one income tax return and a single tax is imposed on all income received or earned, regardless of
the activities which produces the income. All income in one basket = taxing the entire basket.
2. Schedular – System employed where the income tax treatment varies and is made to depend on the kind or
category of taxable income of the taxpayer. Different types of activities are subjected to different types of tax
rates. The tax rates depend on the classification of taxable income and activities which produced the income.
3. Semi-schedular or semi-global – All compensation income, business or professional income, capital gain,
passive income, and other income not subject to final tax are added together to arrive at the gross income.
After deducting the allowable deductions from the gross income, the taxable income is subjected to one set
of graduated tax rate for individual or normal corporate income tax rate for corporation (Mamalateo, 2014).
It is the system followed in the Philippines. Schedular means that tax rates will differ based on the tax based.
B. CONCEPT OF INCOME
Income refers all wealth which flows into the taxpayer, other than as mere return of capital. It includes the forms of
income specially described as gains and profits, including gains derived from the sale or other disposition capital
assets. (Sec. 36, RR No. 2)
It imports something distinct from principal or capital. On the other hand, "Capital" constitutes the investment which
is the source of income. Therefore, capital is fund while income is the flow. Capital is wealth, while income is the
service of wealth. Capital is the tree while income is the fruit (Vicente Madrigal et al v. James Rafferty, 38 Phil.
414).
E. GROSS INCOME
Gross income means, in its broad sense, all income from whatever source, derived within or without the Philippines,
whether legal or illegal. The tax code does not distinguish legal and illegal income. Proceeds of embezzlement or
swindling for instance, are income because embezzler or swindler already has complete dominion over them and
can use such for his economic benefit. In the case of James vs. United States, the Supreme Court of the U.S. held
that "If a taxpayer receives income, legally or illegally, without consensual recognition of obligation to repay, that
income is automatically taxable."
Gross income means all income derived from whatever source, including (but not limited to) the following items:
1. Compensation for services in whatever form paid, including, but not limited to fees, salaries, wages,
commissions, and similar items.
2. Trade, business or exercise of a profession
3. Gains derived from dealings in property
4. Interests – these refers to interest other than those subject to final taxes
5. Rents
Rent income may be in the form of:
Cash received at stipulated price
Obligation of the lessor to third persons paid or assumed by the lessee in consideration of the contract
of lease such as real property taxes assumed by the lessee on the property being leased, insurance or
other fixed charges. Such payments shall be considered rental payments to be reported by the lessor
as part of its taxable income.
Advance payment, which may be in the form of prepaid rent (reported in full in the year of receipt).
Rental income shall be taxable on the year received, whether earned or unearned, provided, there is
no restriction as to its use, and regardless of method of accounting employed.
Security deposit, in general, is not a taxable income. It shall be recognized as a liability of the lessor
to the lessee. The lessor has the obligation to return the amount to the lessee upon the expiration of
the lease term. However, security deposit shall be considered as taxable income:
1. Upon forfeiture in favor of the lessor; or
2. Upon application as rental payments.
Leasehold improvements
Improvements made by the lessee shall be treated as income of the lessor if:
1. The improvements will be owned by the lessor (transfer of ownership) at the end of the lease;
2. The lessor is not required to pay the lessee the value of such improvements.
Income from leasehold improvements is reported as follows:
Method Taxable Amount
1. Outright FMV of improvement
Formula
Rental Payments ₱xx
Expenses of the lessor assumed by the lessee xx
Income from leasehold improvements xx
Total rental income xx
6. Royalties
From sources within the PH subject to final tax
1. Royalties on books, other literary works and musical composition received by individual
taxpayers (other than NRA-NETB - 25%), subject to 10% final tax.
2. Royalties other than above, is subject to 20% final tax
3. Royalties received by Domestic and Resident Corporation, subject to 20% final tax. Non-
resident corporation regular tax.
From sources outside the PH are subject to regular tax.
7. Dividends
Kinds:
4. Cash dividend
Cash dividends shall be taxable upon declaration.
5. Property dividend
Paid in non-cash properties including stock of another corporation. Taxable upon declaration
at the fair market value of the property received as dividend.
6. Stock dividend
General rule: distribution of stock dividend is not taxable because they are not realized income.
Exception: a stock dividend constitutes income if it gives the shareholder an interest different
from that which his former stockholdings represented (i.e., the corporation gave shareholders
the option to received either cash or property dividend instead of stock dividend).
7. Liquidating dividend
Liquidating dividends are exempt up to the extent of the cost of investment being a mere return
of capital. However, anything in excess of the cost shall be considered income and therefore
taxable. Any loss is deductible only to the extent of capital gain.
To determine the tax treatment of the dividend received by the domestic corporation, there is a need
to determine if the dividend paid by the RFC is sourced within the Philippines or not. In this scenario,
it qualified as sourced within the Philippines since the gross income of Corporation X from within is
more than fifty percent (50%) of its total gross income. Hence, it is exempt from income tax sans
compliance with the conditions imposed under Section 5 of RR No. 5-2021. Conversely, if the gross
income of Corporation X from within is less than 50% of its total gross income, then, the dividend
received shall be considered as sourced without and, therefore, must comply with the conditions
imposed under Section 5 of RR No. 5-2021 to warrant its income tax exemption.
8. Annuities
Annuity income refers to specified income payable at stated intervals for a fixed or a contingent period, often
for the recipient's life, in consideration of a stipulated premium paid either in prior installment payments or
in a single payment. Annuity payments received by a taxpayer represent a part which is taxable and not
taxable.
The amount received representing return of premium is considered return of capital, hence, should be
excluded in the determination of taxable income.
In contrast, the annuity received representing interest or amounts over the premiums paid are considered
return on capital, thus, should form part of the recipient's taxable income.
4. Cancellation of indebtedness
a. In consideration of service – treated as compensation income.
b. As an act of gratuity – not an income but a gift taxable under Donor’s Taxation.
c. By a corporation in favor of a shareholder – treated as dividend income subject to final tax.
d. As capital transaction such as forfeiting the right to receive dividend in exchange of the debt – treated
as dividends and is subject to dividend taxation rules.
5. Damage Recovery
a. Compensatory damages – this constitute return of capital and hence, not taxable. For example: moral
damages from personal action such as libel, slander, and breach of promise to marry.
b. Recovered damages – this constitute taxable income since they are recoveries of lost profit. For
example: damages recovered from patent infringement suit.
The sale of the above assets will result in either ordinary gain or loss. The ordinary gain is included in the
gross income, while the ordinary loss is deductible from gross income.
Short term capital gain vs. Long term capital gain (holding period)
In case of individuals, the percentages of gain or loss to be taken into account shall be:
1. Short term - 100% if the capital asset has been held for 12 months or less; and
2. Long term - 50% if the capital asset has been held for more than 12 months.
In case of a corporation, the holding period is not applicable; the capital gain and loss are to be reported
in full amount regardless of the number of years the capital asset is held.
III. Activity
Problem 1
Trish leased a facility from Divergent Company in January 1, 2021. Terms the lease were as follows:
Annual rental..................................................................... ₱240,000
Annual real property tax assumed by Trish....................... 60,000
Security deposit................................................................. 300,000
Lease term.......................................................................... 12 years
Trish agreed to the pay entire amount of the fees above including the annual rental for 2022. In addition to annual rental
and real property taxes, part of the lease agreement was for Trish to improve the facility. The improvement was
completed on January 1, 2023. Details of the improvements were as follows:
Cost of leasehold improvement............................. ₱3,000,000
Estimated useful life of improvement.................. 15 years
Problem 2
Totoy Bibo, a national athlete, received the following during 2022:
Ramon Magsaysay award.............................................................. ₱50,000
Prize............................................................................................... 5,000
Prize mandated by law for winning an Olympic Medal............... 500,000
Gift from Mayor Erap................................................................... 250,000
Car from Honda Cars Philippines, as a gift................................. 1,000,000
Winnings - Philippine lotto........................................................... 100,000
Gambling winnings..................................................................... 500,000
Required: Determine the total amount exempt from income tax
Problem 3
Pedro D. Maingat was sideswiped by Juan in a vehicular accident on June 1, 2022. Consequently, he incurred and paid
medical expenses of ₱400,000 and legal fees of ₱200,000 during the year. During the following month he accepted the
settlement offered by Juan amounting to ₱800,000.
Required: Determine the amount of income taxable to Pedro in 2022.
Problem 4
Bernielyn took out a life insurance policy for ₱1,000,000 naming her son as beneficiary. Under the terms of the policy,
the insurer, Malayan Insurance Corporation will pay Bernielyn the amount of ₱1,000,000 after the 25th year of the
policy, and her beneficiary, should she die before that date. Bernielyn outived the policy and received the proceeds. The
premiums paid on the policy was ₱600,000.
Required: How much of proceeds from the insurance policy is taxable?
Problem 5
Determine whether the following income/proceeds received in 2022 is taxable. If applicable, determine the appropriate
tax rate.
Dividend income:
1. Dividend income received by a resident citizen from domestic
corporations ___________________
2. Dividend income received by a resident alien from domestic
corporations ___________________
3. Dividend income received by a resident citizen from foreign
corporations ___________________
4. Dividend income received by a domestic corporation from another
domestic corporation ___________________
5. Dividend income received by a domestic corporation from a resident
foreign corporation (assume the ratio of gross income derived in the
Philippines for the past three (3) years was 70%) ___________________
6. Dividend income received by a resident foreign corporation from
domestic corporation ___________________
7. Dividend income received by a resident foreign corporation from another
resident foreign corporation. The ratio of income in the Philippines over
its world income for the last three (3) years was 40% ___________________
Various proceeds/income:
1. Royalties, in general ___________________
2. Separation pay received by a 50-year old employee due to the
retrenchment program of the employer ___________________
3. Income derived from investments in the Philippines in loans, stocks,
bonds or other domestic securities by foreign governments, financing
institutions owned, controlled or enjoying refinancing from foreign
governments and international or regional financial institutions
established by foreign governments
___________________
4. Income derived from interest on deposits in banks in the Philippines by
foreign governments, financing institutions owned, controlled or
enjoying refinancing from foreign governments and international or
regional financial institutions established by foreign governments
___________________
5. Income from business transacted by CDA registered cooperatives with
its members ___________________
Problem 6
The following data on net income, bad debt, write-off and recovery show:
2021: Case A Case B Case C
Net income (loss) before write-off........................... ₱120,000 ₱60,000 (₱40,000)
Less: Bad debt written-off claimed as deduction..... 40,000 40,000 50,000
Net income (loss) after write-off.............................. 80,000 20,000 (90,000)
2022:
Subsequent recovery................................................ 40,000 10,000 50,000
The taxable recovery in 2022 should be _____.
Problem 7
Sandy, a nonresident Korean (not engaged in trade) stockholder, received dividend income of ₱300,000 in 2022 from
Super Bowl Corporation, a foreign corporation doing business in the Philippines. The gross income of the foreign
corporation from sources within and without the Philippines for the past three years preceding 2021 were provided as
follows:
Source 2019 2020 2021
Philippines 16,000,000 15,000,000 17,000,000
Abroad 8,000,000 11,000,000 13,000,000
Required: How much is the final tax withheld from Sandy’s dividend income?
Problem 8
A, resident citizen had the following data for the years 2019 to 2022.
2019 2020 2021 2022
Ordinary taxable Income ………….. ₱200,000 ₱250,000 ₱300,000 ₱350,000
Gain from sale of capital assets:
Held for 12 months ……………. 20,000 2,000 100,000 57,000
Held for 13 months ……………. 8,000 10,000 20,000 28,000
Loss from sale of capital assets:
Held for 19 months ……………. 22,000 20,000 60,000 10,000
Held for 7 months ……………... 3,000 30,000 50,000 5,000
Required: Compute for the taxable income of the taxpayer for the years, 2019 to 2022.
Problem 9
A domestic corporation had the following data for taxable year 2021 and 2022:
2021 2022
Taxable income before capital assets transaction …... ₱ 400,000 ₱ 500,000
Gain from sale of capital assets:
Held for 12 months …………………………… 20,000 23,000
Held for 9 months ……………………………. 5,000 10,000
Loss from sale of capital assets:
Held for 15 months ………………………….. 7,000 15,000
Held for 22 months ………………………….. 25,000 12,000
Required: Compute for the taxable net income of the corporation for the years 2021 and 2022.