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Tax.3609-1 Taxation of Non Individuals
Tax.3609-1 Taxation of Non Individuals
Since 1977
TAX.3609-1 NARANJO/SIAPIAN/WONG/CRUZ/GUDANI
TAXATION OF NON-INDIVIDUAL TAXPAYERS MAY 2024
LECTURE NOTES
CORPORATION
- includes:
1. One-person corporations – a corporation with a single stockholder who can only be a natural person, trust or
estate
2. Ordinary partnerships (no matter how created or organized) – two or more persons bind themselves to
contribute money, property, or industry to a common fund, with the intention of dividing the profits among
themselves
3. Joint stock companies - a business owned by investors, with each investor owning a share based on the
amount of stock purchased
4. Joint accounts (cuertas en participacion) –
• A partnership constituted in such a manner that its existence was only known to those who had an
interest in the same, there being no mutual agreement between the partners, and without a corporate
name indicating to the public in some way that there were other people besides the one who ostensibly
managed and conducted the business (G.R. No. 2800 dated December 4, 1906)
• is one that is held jointly by two or more natural persons, or by two or more juridical persons or
entities. Under such setup, the depositors are joint owners or co-owners of the said account, and their
share in the deposits shall be presumed equal, unless the contrary is proved
5. Insurance companies
6. Associations – any organization or group of persons other than those mentioned
Note: Co-ownership can be taxable as a corporation (partnership) or exempted from taxation depending on the
situation.
TYPES OF CORPORATIONS
1. Domestic Corporation – organized and established under the laws of the Philippines and is taxable on all
income derived from sources within and outside the Philippines
2. Resident Foreign Corporation - corporation organized and established under the laws of a foreign country
and is engaged in trade or business within the Philippines (taxable only on income derived from sources within
the Philippines)
3. Non-Resident Foreign Corporation – corporation organized and established under the laws of a foreign
country and is not engaged in trade or business within the Philippines (taxable only on income derived from
sources within the Philippines)
CORPORATE INCOME TAX RATES
Higher between the RCIT or MCIT
Type of Corporation RCIT MCIT
Rate Effective Date Rate Effective Date
Domestic Corporation (DC)
Domestic Corporation, In General January 1, 1998 January 1, 1998
30%
to 2% to
OLD
June 30, 2020 June 30, 2020
July 1, 2020
1% to
25% July 1, 2020 June 30, 2023
July 1, 2023
2%
Onwards
For corporations with net taxable income July 1, 2020
not exceeding Five Million Pesos 1% to
(P5,000,000) AND total assets not June 30, 2023
exceeding One Hundred Million (P 20% July 1, 2020
100,000,000), excluding the land on which July 1, 2023
the particular business entity's office, plant 2%
onwards
and equipment are situated
Proprietary Educational Institutions and 10% January 1, 1998
Not Applicable
Hospitals OLD to
Compute the tax due if the taxpayer is (a) DC, (b), RFC, (c) NRFC (Disregard rule on MCIT)
DC RFC NRFC
GI – Ph 2,000,000 GI – Ph 2,000,000 GI – Ph 2,100,000
Ded – Ph (1,000,000) Ded – Ph (1,000,000)
GI – US 1,000,000 Taxable Income 1,000,000 Final Tax (25%) 525,000
Ded – US (500,000) Old rate (30%) 600,000
Taxable Income 1,500,000 Tax Due (25%) 250,000
Old Tax Rate (30) 300,000
Tax Due (25%) 375,000
If rate is 20% 300,000
If old rate (30%) 450,000
Note: Interest income is subject to final tax. The bank, as withholding agent already withheld the final tax. For
NRFC, the payor is required to withhold the 25% final tax before remitting the money to NRFC.
MINIMUM CORPORATE INCOME TAX (MCIT)
• Tax Base: Gross income
Gross Income for purposes of MCIT shall be:
o for sale of goods – gross sales less sales returns, allowances, discounts and cost of goods sold
o for sale of service - gross receipts less sales returns, allowances discounts and cost of services sold
Cost of services shall include all direct costs and expenses incurred to provide the services required by
the customers and clients and including salaries and employee benefits of personnel, consultants and
specialists directly rendering the services and cost of facilities used directly in providing the service such
as depreciation, rental of property and cost of supplies. For banks, cost of services includes interest
expense.
Note: Public service licenses or rights are intangible assets representing legal or contractual rights granted
by the government and are often capitalized and amortized, hence are considered administrative costs
(therefore not part of cost of service)
• Rate:
o January 1, 1998 to June 30, 2020 – 2%
o July 1, 2020 to June 30, 2023 – 1%
o July 1, 2023 – 2%
Note: For non-individual taxpayers using calendar year for TY 2020, the rates are:
2% - January 1, 2020 to June 30, 2020
1% - July 1, 2020 to December 31, 2021
Hence, effective rate is 1.5%
• The MCIT is imposed beginning on the fourth taxable year immediately following the year in which such
corporation commenced its business operations
• When the minimum corporate income tax is higher than the regular corporate income tax during the
period, the minimum corporate income tax shall be payable
• Excess of minimum corporate income tax can be carried over and credited to the regular income tax for
the next three immediately succeeding taxable years
• Applies only to domestic and resident corporations and excludes those entities enjoying preferential rates
• MCIT applies also on quarterly Income Tax Returns
Tax to pay
Excess
SUSPENSION OF MCIT
The imposition of minimum corporate income tax may be suspended due to:
a. prolonged labor disputes
b. force majeure
c. legitimate business reverses
DOMESTIC CORPORATIONS (including ROHQs and OBUs)
ILLUSTRATION: APPLYING TRANSITORY RATES IN 2023
A. Calendar Year
ABC Corp, a domestic trading corporation, has gross sales of Php 1.4 billion with cost of sales of Php 560 million
and allowable deduction of Php 799 million for CY 2023. Its total assets of Php 480 million includes land and
building in which the business operation is conducted, amounting to Php 100 million and Php 125 million,
respectively. The income tax payable is computed by:
B. Fiscal Year
Assuming the same information above, except that ABC Corp. has adopted a fiscal year ending August
31, 2023, the computation of income tax payable is:
REGULAR RATE:
Gross Sales 190,000,000.00
Less: Cost of Sales 100,000,000.00
Gross Income 90,000,000.00
Less: Allowable Deductions 50,000,000.00
Net Taxable Income 40,000,000.00
REGULAR RATE 25%
TAX DUE 10,000,000.00
Note: Although the total assets, net of the value of the land, is less than P 100,000,000.00, its net taxable income
is above P 5,000,000.00. Hence, the income tax rate is 25%. Taxpayer is not subject to MCIT since it is in its 2nd
year of operation.
ILLUSTRATION: DOMESTIC CORPORATION (20% RCIT)
JPL Corporation, a manufacturer, has a gross sales of P 190,000,000 for CY 2021, its 2nd year of operation. Its
total assets amounted to P 50,000,000, net of the value of the land of P6,000,000 where its manufacturing plant
and business operations are situated. Its cost of sales and allowable operating expenses amounted to P
100,000,000 and P 85,000,000, respectively. Compute for its income tax due for CY 2021.
REGULAR RATE:
Gross Sales 190,000,000.00
Less: Cost of Sales 100,000,000.00
Gross Income 90,000,000.00
Less: Allowable Deductions 85,000,000.00
Net Taxable Income 5,000,000.00
REGULAR RATE 20%
TAX DUE 1,000,000.00
ILLUSTRATION:
JDS Corporation, a domestic corporation, has unappropriated retained earnings in excess of its paid-up capital
stock amounting to P20,000,000 and P50,000,000 as of the fiscal years ending June 30, 2020 and June 30, 2021,
respectively. JDS Corporation shall be subject to the 10% improperly accumulated earnings tax as of June 30,
2020. However, JDS Corporation shall no longer be subject to improperly accumulated earnings tax for the entire
fiscal year ending June 30, 2021, which is after the effectivity of CREATE.
Proprietary Educational Institutions and Non-Profit Hospitals
1. Proprietary Educational Institutions - refer to any private schools, maintained and administered by private
individuals or groups, with an issued permit to operate as the case may be, under existing laws and
regulations from any of the following:
• Department of Education (DepEd) or
• Commission on Higher Education (CHED) or
• Technical Education and Skills Development Authority (TESDA)
the
corporation
10% (1% -
June 30,
2020 to June
30, 2023) if
net income or
assets
accrue/inure
to or benefit
any member
or specific
person
3. Non-profit - means that no net income or asset accrues to or benefits any member or specific person,
with all the net income or assets devoted to the institution's purposes and all its activities conducted not
for profit.
Note: The grant of per diems such as transportation allowance in attendance of meetings, compensation
and/or endowments for services rendered, or any other similar emoluments to the Board of Trustees,
officers, employees, or any members of the above-mentioned institutions shall not be prohibited and shall
not necessarily be considered a private inurement that would negate the status of the institutions as non-
profit; Provided, that such per diems, compensation or emoluments are subject to proper liquidation or
reimbursement procedures, and commensurate to the functions and services rendered. ln such a case the
same shall be considered as legitimate and reasonable expenses incurred in furtherance of the duties and
responsibilities of the trustees, officers, employees, members, or any persons, and ultimately, the
objectives of the organization. The reasonableness of the expense shall be determined by the BIR on a
case-to-case basis.
4. Unrelated Trade, Business or Other Activity of Proprietary Educational Institutions and Hospitals - means
any trade, business, or other activity, the conduct of which is not substantially related to the exercise or
performance by such educational institution or hospital of its primary purpose or function.
Note:
In the case of proprietary educational institutions or hospitals, if the gross income from "unrelated trade,
business or other activity" exceeds fifty percent (50%) of the total gross income derived by such educational
institutions or hospitals from all sources, the tax prescribed for domestic corporations shall be imposed on the
entire taxable income.
PRIVATE EDUCATIONAL INSTITUTIONS APPLYING TRANSITORY RATES IN 2023
RPSV uses a fiscal year accounting ending July 31st of each year. On July 31, 2021, it recorded total gross receipts
amounting to P18,000,000.00, of which P10,000,000.00 came from education-related activities, while
P8,000,000.00 from other unrelated business activities. Also, RPSV recorded cost of service and operating
expenses from related activities amounting to P2,000,000.00 and P1,000,000.00, respectively, and from
unrelated business activities amounting to P3,000,000.00 and P2,000,000.00, respectively.
Note: The educational institution is subject to income tax at the rate of 1% since its gross income from unrelated
activities did not exceed 50% of the total gross income.
ILLUSTRATION: PROPRIETARY HOSPITAL (25% RCIT)
ILR Hospital, a private non-profit hospital, has gross receipts of P15,000,000.00 with a cost of P6,000,000.00 and
allowable deductions of P3,250,000.00 from related activities, while for its unrelated activities, it incurred
P5,000,000.00 and P2,000,000.00 as cost of sales and allowable deductions, respectively, with a gross income of
P18,000,000.00, for Calendar Year 2021.
Note: ILR Hospital is subject to the regular rate of 25% since its gross income from non-related activities is more
than 50% of its total gross income.
Government-Owned or Controlled Corporations (GOCCs)
General Rule: All corporations, agencies, or instrumentalities owned or controlled by the Government are subject
to 20% or 25% (Old rate 30%) RCIT on their taxable income
Exceptions:
• Exempted by virtue of existing special or general law
• Specific Corporations or Instrumentalities under the Tax Code and TRAIN Law:
a. Government Service Insurance System (GSIS)
b. Social Security System (SSS)
c. Philippine Health and Insurance Corporation (PHIC)
d. Local water utilities
Exempt Corporations (Section 30 of the Tax Code)
a. Labor, agricultural or horticultural organizations not organized principally for profit
b. Mutual savings bank not having a capital stock represented by shares, and cooperative bank without
capital stock organized and operated for mutual purposes and without profit (now governed by RA 8367
or the Revised Non-Stock Savings and Loan Association Act of 1997 and RA 6938, as amended
by RA 9520 or the Philippine Cooperative Authority Law of 2008)
c. A beneficiary society, order or association, operating for the exclusive benefit of the members such as
fraternal organizations operating under the lodge system, or a mutual aid association or a non-stock
corporation organized by employees providing for the payment of life, sickness, accident, or other benefits
exclusively to the members of such society or order, or association, or nonstick corporation or their
dependents.
d. A cemetery company owned and operated exclusively for the benefit of its members
e. Non-stock corporation or association organized and operated exclusively for religious, charitable,
scientific, athletic, or cultural purposes, or for the rehabilitation of veterans, no part of its income inure
to the benefit of any member, organizer, officer or any specific person
f. Business league, chamber of commerce, or board of trade, not organized for profit and no part of the net
income or which inures to the benefit of any private stockholder or individual
g. Civic league or organizations not organized for profit but operated exclusively for social welfare
h. Non-stock and nonprofit educational institution
i. Government educational institution
j. Farmer’s or other mutual typhoon or fire insurance company, mutual ditch or irrigation company, mutual
cooperative telephone company, or like organizations of a purely local character, the income of which
consists solely of assessments, dues, and fees collected from members for the sole purpose of meeting
its expenses; and
k. Farmer’s, fruit growers’, or like association organized and operated as a sales agent for the purpose of
marketing the products of its members and turning back the proceeds of sales, less the necessary selling
expenses on the basis of the quantity of produce finished by them.
Note: Income from whatever kind and character of the above organizations from any of their properties, real or
personal, or from activities conducted for profit regardless of the disposition made of such income, shall be subject
to income tax except on non-stock, non-profit educational institution which remain exempt.
Resident Foreign Corporations
Classification Tax Base Rate
1. RFC - In General (including Offshore Banking Taxable Income (RCIT) 25% (old 30%)
Units) Gross Income (MCIT) 1% (old 2%)
2. International Carrier (Air and Shipping) Gross Philippine Billings 2 ½%
3. Philippine Branch of Companies whose Head Profits applied or 15%
Office is outside the Philippines (except PEZA) earmarked for remittance
4. Regional Operating Headquarters of Multi- Taxable Income (RCIT) 25% (old 10%)
National Companies Gross Income (MCIT) 1% (old - no MCIT)
5. Regional Area Headquarters Exempt from taxation
Notes:
1. Offshore banking units – prior to CREATE Law, the rate is 10% of taxable income
2. Regional Operating Headquarter of Multinational Companies – new rates apply beginning January 1, 2022
ILLUSTRATION: REGIONAL OPERATING HEADQUARTERS
EBQ Corporation is registered as a Regional Operating Head Quarter (ROHQ) since 2015. For taxable years 2020
to 2023, its operation showed the financial results:
Notes:
1. The regular rate of 25% shall be effective on January 1, 2022 for ROHQ. It will also be subject to MCIT
beginning on the said date, since EBQ Corp. started its operations way back in 2015.
MCIT rate of 1.5% was used since the rate from January 1 to June 30, 2023 is 1%, and for July 1 to December
31, 2023, the rate is 2%; thus, the average rate is 1.5%, the income tax rate to be used by EBQ Corporation in
computing the income tax due/payable for TY 2023.
Note: if RBE was granted ITH but have not yet availed of the incentive upon the effectivity of the
CREATE Law, they may use the ITH for the period specified in the terms and conditions of registration.
2. With ITH and entitled to 5% GIT after the ITH – allowed to avail of the 5% tax on gross income for
ten (10) years from the effectivity of the CREATE Law or until April 11, 2031.
3. With 5% GIT – allowed to continue availing the said tax incentive at the rate of 5% for ten (10) years
reckoned from the effectivity of the CREATE or until April 11, 2031.
TAXATION OF GENERAL PROFESSIONAL PARTNERSHIPS
• General Rule: GPPs are exempt from taxation.
• Exception: GPPs are taxable like corporation if they have ordinary income other than the income from
practice of profession
• Exception to Exception: GPPs are exempted even if they have other income provided the income are:
1. Subject to final tax
2. Exempt from tax
3. Exclusion from gross income
TAX LIABILITY OF GENERAL PROFESSIONAL PARTNERSHIPS
• A general professional partnership (GPP) shall not be subject to the income tax. Persons engaging in
business as partners in a general professional partnership shall be liable for income tax only in their
separate and individual capacities.
• For purposes of computing the distributive share of the partners, the net income of the partnership shall
be computed in the same manner as a corporation.
• Each partner shall report as gross income his distributive share, actually or constructively received, in the
net income of the partnership