Professional Documents
Culture Documents
FROM GROSS
INCOME
OLD NIRC AND
TRAIN
Updated March 2019
DEDUCTIONS DEFINED
Items or amounts which the law allows to be
deducted from gross income in order to arrive at the
taxable income.
BASIC PRINCIPLES
GOVERNING DEDUCTIONS
a. The taxpayer seeking a deduction must point to
some specific provisions of the statute authorizing
the deduction; and
b. He must be able to prove that he is entitled to the
deduction authorized or allowed. (Atlas
Consolidated Mining & Dev. Corp. vs.
Commissioner, GR No. L-26911, January 21,
1981)
BASIC PRINCIPLES
GOVERNING DEDUCTIONS
c. Any amount paid or payable which is otherwise
deductible from, or taken into account in computing
gross income or for which depreciation or
amortization may be allowed, shall be allowed as
deduction only if it is shown that the tax required to
be deducted and withheld therefrom has been paid to
the BIR. [Sec. 34(K), NIRC]
TAXPAYERS WHO CANNOT
AVAIL OF DEDUCTIONS FROM
GROSS INCOME
1. Citizens and resident aliens whose income is purely compensation
income (except for premium payments on health and/or
hospitalization insurance);
2. Non-resident aliens not engaged in trade or business in the
Philippines (NRANETB); and
3. Non-resident foreign corporation (NFRC)
CLASSES OF DEDUCTIONS
1. Individuals
a. With gross compensation income from
employer-employee relationship only
(1)premium payments on health and/or
hospitalization insurance
(2) personal and additional personal exemptions
CLASSES OF DEDUCTIONS
b. Gross income from business or practice of profession
(1) Optional Standard Deduction (OSD)
(2) Itemized deductions (Ordinary ID: BITE DeDe Loss
CPR)
(3) Premium Payments on Health and/or Hospitalization
Insurance, provided family gross income is not more
than P250,000(No longer applicable in TRAIN)
(4) Personal and additional personal exemptions (No
longer applicable in TRAIN)
CLASSES OF DEDUCTIONS
2. CORPORATIONS
Itemized Deductions
OSD
KINDS OF DEDUCTIONS
1. Optional standard deduction (OSD) [As
amended by R.A. 9504 which took effect July 6,
2008]
(a) An individual, other than a nonresident alien, may
elect a standard deduction of 40% of his gross sales
or gross receipts. (prior to RA 9504, rate is 10% of
gross income)
KINDS OF DEDUCTIONS
b. In the case of a corporation, it may elect s
standard deduction of 40% of its gross income as
defined in Section 32 of the Tax Code. (prior to RA
9504, no OSD benefit for corporation)
( Gross income = Gross sales – COGS)
KINDS OF DEDUCTIONS
2. Personal and Additional Exemption (No longer
applicable in TRAIN)
(a) Basic Personal Exemption
Pursuant to amendments under RA No. 9504, there
shall be allowed personal exemptions amounting to
P50,000 for each individual taxpayer regardless of
whether he is single, head of the family or married.
KINDS OF DEDUCTIONS
(b) Additional Exemptions for Taxpayers with
Dependents (No longer applicable in TRAIN)
There shall also be allowed an additional exemption
of P25,000 for each “dependent” not exceeding
four.
KINDS OF DEDUCTIONS
A “dependent” means:
A legitimate, illegitimate or legally adopted child
Chiefly dependent upon and living with the taxpayer
Not married, not gainfully employed, not more than
21 years of age
Except: If such dependent, regardless of age, is
incapable of self-support because of mental or
physical defect.
KINDS OF DEDUCTIONS
A “dependent” also includes:
a. foster child (temporary substitute parental care by
a duly licensed by DSWD)
b. PWD ( within 4th degree of consanguinity or
affinity to the taxpayer, regardless of age, not
gainfully employed and dependent upon the
taxpayer)
IMPORTANT NOTES
1. In case of married individuals, the additional exemption
shall be claimed by only one of the spouses.
2. The proper claimant of the exemption would be generally
be the husband, EXCEPT if the husband is (1)
unemployed (2) working abroad like an OFW or seaman
(3) husband waived his right to the exemption
IMPORTANT NOTES
3. For legally separated spouses, the additional exemption
may be claimed only by the spouse who has custody of the
child
1. The business has no interest income If the taxpayer has interest income
subject to FTx; or SUBJECT TO final tax,
2. The interest expense is paid in favor of AND
the government. At the same time, incurred an interest
NB: Interest on delinquent taxes is deductible expense during the taxable year
because taxes are considered legal debt when
due
THUS, the interest expense shall be reduced
(Fines and penalties are NOT deductible) BY 33% of the Interest Income Subject to
Final Tax. (Regardless of the date when the
Investment was made)
INTEREST EXPENSE DEDUCTIBLE SUBJECT TO LIMIT
(DOWNWARD ADJUSTMENT)
e.g.
Interest expense P100, 000 ; Interest income subject to FTx
P30, 000
SUBJECT TO CEILING
A. ½ % of NET SALES (sales- actual returns) = taxpayer= sale of
goods
B. 1 % of NET RECEIPTS (Gross receipts- returns)= Sale of
services
REPRESENTATION EXPENSE
If both servicing and trading, then
Step 1. prorate, i.e. Net sales/ Total revenue and Net receipts/ Total
Revenue
Step 2. Compare with the Statutory limit ( ½% for Net sales, 1%
for Net receipts)
Step 3. Choose whichever is lower.
DEPRECIATION
Periodic reduction of the value of tangible permanent assets due to
passage of time, wear and tear and obsolescence.
For intangible assets, such as patents, copyrights, it is called
Amortization
METHODS OF DEPRECIATION
The following are methods of depreciation;
1. Straight-line method
2. Declining method
3. Sum of the years digit
4. Any other methods (DD, 150% Declining)
Can be carried over as a deduction from gross income for the next 3
consecutive years immediately following the year of such loss.
CATEGORY AND TYPES OF
LOSSES
2. CAPITAL LOSSES (LOSSES ARE DEDUCTIBLE ONLY TO
THE EXTENT OF CAPITAL GAINS)
3. SPECIAL KINDS OF LOSSES
CHARITABLE AND OTHER
CONTRIBUTIONS
- It is non-operating expense, but the law allows some contribution
or gifts within the taxable year as deduction from gross income
CONTRIBUTIONS
DEDUCTIBLE IN FULL
1. Donation to GOVERNMENT OF THE PHILIPPINES, or any of
its instrumentalities, exclusively to finance (HEYSHE)
a. Education
b. Health
c. Youth and sports development
d. Human settlements
e. Science and Culture
f. Economic development
CONTRIBUTIONS
DEDUCTIBLE IN FULL
2. Donations to international organizations entered into by the
Philippine government and foreign institutions
3. Donations to Accredited Non-Government Organizations,
provided
a. Not more than 30% of which should be used for admin
purposes
CONTRIBUTIONS SUBJECT TO
LIMIT
=These contributions are not deductible in full as specified by the law
or such deduction has not met the requisites to be deducted in full.
A. Donations to Govt of the Philippines NOT IN ACCORDANCE
WITH PRIORITY PROJECTS
B. Donation to NON-ACCREDITED NGOs or DOMESTIC
CORPORATION ORGANIZED EXCLUSIVELY FOR:
a. Religious b. Charitable c. Scientific d. Youth and Sports
Development e. Cultural f. Educational g. Rehabilitation of veterans h.
Social welfare
CONTRIBUTIONS SUBJECT TO
LIMIT
These contributions are not deductible in full as specified by the law
or such deduction has not met the requisites to be deducted in full.
Limitation:
a. Individuals: 10 % of the taxable income FROM TRADE, BUS,
OR PROF BEFORE actual contribution, OR actual contribution,
whichever is LOWER
b. Corporation: 5% of the taxable income FROM TRADE, BUS,
OR PROF BEFORE actual contribution, OR actual contribution,
whichever is LOWER
PENSION TRUST
PENSION TRUST CONTRIBUTIONS – a deduction applicable
only to the employer on account of its contribution to a private
pension plan for the benefit of its employee. This deduction is purely
business in character.
PENSION TRUST