Documente Academic
Documente Profesional
Documente Cultură
I. Pro-Forma Computation
1. For INDIVIDUALS whose gross income solely includes compensation, allowances and other
remunerations arising from the employer-employee relationship, passive income and capital gains not
subjected to final tax and CGT:
Compensation income
Add: Passive Income, not subjected to FT
Capital Gains, not subjected to CGT
Gross Income
Less: Deductions for:
PHHI
Personal Exemptions
Taxable Income
xx
xx
xx
xx
(xx)
(xx)
xx
xx
(xx)
xx
(xx)
(xx)
(xx)
xx
(xx)
(xx)
xx
3. For INDIVIDUALS whose income includes both compensation, business income and passive incomes
and capital gains not subjected to final tax and CGT:
Gross receipts/sales
Less: Cost of service/sales
Gross income from business or profession
Add: Passive Income, not subjected to FT
Capital Gains, not subjected to CGT
Total Gross Income before compensation income
Less: Deductions for:
Itemized Deductions or OSD
NCLCO, if there is any
NOLCO, if there is any
Net Income from Business or Profession
Add: Compensation Income
Total Income
Less: Deductions for:
PHHI
Personal Exemptions
Taxable Income
xx
(xx)
xx
xx
xx
xx
(xx)
(xx)
(xx)
xx
xx
xx
(xx)
(xx)
xx
Interest on currency bank deposits, yield and other monetary benefit from deposit substitute,
trust and similar arrangement within the Philippines; Royalty from patents and franchises,
prizes exceeding P10,000 and winnings regardless of the amount: 20% final tax
Royalty from books, literary works and musical compositions, and cash and property
dividend from domestic corporation: 10% final tax
Interest on FCD under the expanded FCDS: 7.5%, except non-residents (NRC and NRAs)
CORPORATION
i.
ii.
iii.
Interest on FCD under the expanded FCDS: 7.5%, except non-resident foreign corporation
Interest on currency bank deposits, yield and other monetary benefit from deposit substitute,
trust and similar arrangement; Royalty from patents and franchises, prizes exceeding
P10,000 and winnings regardless of the amount: 20% final tax.
Dividend from domestic corporation: exempt, intercorporate principle
b. Not Subject to Final Withholding Tax those which are not subjected to final tax like those which are
earned abroad, prizes not exceeding P10,000, and interest from loans, trade and accounts receivables
and those which are earned outside the Philippines shall be included in the computation of gross income.
4. Capital Gains
Capital gains arising from the sale of capital assets (real or personal assets) are taxable as follows:
a. If REAL property not used in business, subject to capital gains tax of 6% of the selling price, or FMV,
or Zonal Value, whichever is the highest.
b. If shares of stocks not traded in the local stock exchange, subject to 5-10% capital gains tax.
c. All other capital gains, which are not subject to CGT, are subject to normal tax (5-32%), subject to the
pertinent rules in property. (See discussions on Dealings in Property.)
IV. Exclusions from Gross Income
1. Holiday pay, Overtime pay, Night shift differential, and Hazard pay (HONsHa) earned by MWE (non-taxable).
2. 13th Month Pay, productivity incentives, Christmas bonus and other bonuses and benefits (de minimis) not
exceeding PhP 82,000.
3. Gifts, bequests and devises (subject to transfer taxes) are not subject to income tax, but income derived from
the use of such gifts, bequests and devises are subject to income tax.
4. Income derived by foreign government
5. Income derived by the Philippine government or its political subdivisions.
6. De Minimis not exceeding their statutory limits.
7. Proceeds of life insurance paid to the heirs upon death of the insured or whoever the beneficiary is (also not
subject to estate tax if the beneficiary is the third person irrevocably designated as heir; subject to
estate tax if the beneficiary is the estate, administrator or executor or if the designation to third persons is
revocable).
8. Retirement benefits under RA 7641 (private benefit plan), provided:
a. The employee is at least 50 years old at the time of retirement;
b. The employee has rendered 10 years in the same company;
c. The employee availed it for the first time
d. Such private benefit plan is approved by the BIR.
6. Separation pay paid to the employee for causes beyond the control of said employee (involuntary). If the
cause of separation is voluntary, such payment shall be taxable.
7. Mandated contributions such as SSS, GSIS, PHIC and HDMF contributions and union dues.
8. Amounts received as a return of premiums paid.
9. Prizes and awards in recognition of religious, charitable, scientific, educational, artistic, literary or civic
achievement as well as awards in authorized sports competitions.
10. Gains from sale of bonds, debentures or other certificates of indebtedness with a maturity of longer than five
years.
V. Deductions from Gross Income (See discussions on Deductions.)
Note: Only those self-employed taxpayers or those having business may claim the following:
1. Optional Standard Deduction
2. Itemized Deductions
VI. Exemptions and Other Deductions
1. Personal Exemptions
a. Personal exemptions are only given to individuals whether RC, NRC, RA and NRAETB (subject to
reciprocity rule).
b. RC, NRC and RA may claim a basic personal exemption of PhP 50,000 regardless of the status.
c. NRAETB can only claim basic personal exemption if there is a reciprocity between Philippine laws and
the laws of his country where he resides. However, the BPE cannot exceed Php 50,000, but may be
lower instead.
Rules on determining the status of the taxpayer who claim personal exemptions:
1. Whether single, married, head of the family or legally separated, the taxpayer can claim only to the
maximum amount of P 50,000 basic personal exemption.
2. If the taxpayer should marry or should have additional dependents during the taxable year, he may
claim the corresponding exemption in full for such year.
3. If the taxpayer should die during the taxable year, his estate may claim his corresponding
exemptions (both personal and additional) as if he died at the end of such year.
4. If the spouse or any of the qualified dependent should marry or become twenty-one years old
during the year, or should become gainfully employed, the taxpayer may still claim the exemption
as if the spouse or dependent died or as if such dependent married, became twenty-one years old
or became gainfully employed at the close of such taxable year.
VIII.
The due date for filing the return (with no extension allowed)
a. On or before the 15th day of April each year covering income for the preceding taxable year (Sec. 51
(CX1), Tax Code)
b. Extensions are not allowed, except in meritorious cases, as determined by the Commissioner of the
Bureau of Internal Revenue (Sec. 53, Tax Code)
The modes of settling income tax liability may be:
a. Cash payment if the amount does not exceed P 10,000;
b. Bank Debit System
c. Cashiers or managers check
Penalties for failure to file the return, and/or pay the tax on time:
i. Civil Liabilities
a. Surcharge, amounting to 25% of the tax due; 50% in case of willful neglect to file a return, or in case
of filing a false or fraudulent return;
b. Interest at 20% per annum;
c. Compromise penalties for failure to file the return, and/or failure to pay the tax, at an amount not
exceeding P 50,000 [Sec. 255, Tax Code; RMO 19-2007]
ii. Criminal Liability
a. Violations of tax laws are generally punishable by a fine and/or imprisonment, which depends on the
act committed or omitted
Example:
The attempt to evade or defeat tax is punished, upon conviction, by a fine of not less than P
30,000 but not exceeding P 100,000, and imprisonment of not less two (2) years, but not more than
four (4) years. Conviction or acquittal does not bar the filing of civil suit for collection of taxes. [Sec.
254, Tax Code]
____________________________
____________________________
____________________________
____________________________
2. B had 1000 common shares of XYZ, a domestic corporation, acquireed at P150 per share. On January 6,
2009, B received a 50% stock dividend in preferred shares. The FMV of the shares at that time of dividend
were P 160 per common share and P80 per preferred share. The common and preferred shares were later
sold at P 150 and P 72 per share, respectively. Assuming the shares are ordinary assets, determine the gain or
loss of B on the sale of (a) Common Shares and (b) Preferred Shares. ___________________________
2014
P 350,000
57,000
28,000
10,000
5,000
Married w/
2 QDC
5. Mr. Masaya,married, supporting his minor son has the following data for the year 2012:
Gross professional income, net of 10% w/tax
P 630,000
Brokers Commission, net of 5% w/tax
95,000
Other Income, net of 10% withholding tax
90,000
Deductions claimed:
Salaries of staff, net P5, 000 w/tax
250,000
Advertising expenses
3,000
Bad debt (P2, 500 actually written off)
4,000
Cost of office equipment purchased on
April 1, 2012 (useful life, 5years)
120,000
Fire insurance premium on office equipment for One year paid on August 1, 201
1,500
Rent of office space for 2 yrs. at P10,000 per month Paid on February 1, 2012
240,000
Traveling expense (business trip 50% only)
100,000
Charitable contribution to religious corp
100,000
a. Using itemized deduction, the taxable income is:
b. Using optional standard deduction, the taxable income is:
________________________
________________________
6. During the year, Micah was promoted as the new Marketing Manager of Port-to-Port Shipping Company. As
promotional incentives, the employer gave the following to Micah:
Check deposited on Micahs account
Acct. No. 89-000-4561
P 150, 000
House costing P500, 000 with a current FMV of
P 1, 000, 000
FMV of land where the house given is situated, only
the usufruct of which is furnished
P 1, 500, 000
List Price of Car subject to 5% discount,
half of the price was paid by Micah
P 1, 350, 000
a. If Micah is a resident citizen, how much is the total gross monetary value of the fringe benefits given to
her? ______________________
b. Assuming the same figure above, how much FBT would be withheld by the employer?
______________________
c. If Micah is an employee with the same position above working in a Regional Operating Headquarter of a
foreign corporation, how much would be the fringe benefit tax? ______________________
d. How much would be the deductible expense of the employer if Micah is a non-resident alien not engaged
in trade or business? ________________________
TRUE OR FALSE: