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RMC 66-03 (Taxability of PAL)
RMC 66-03 (Taxability of PAL)
"(a) The basic corporate income tax based on the grantee's annual net
taxable income, computed in accordance with the provisions of the National
Internal Revenue Code; or
"(b) A franchise tax of two percent (2%) of the gross revenues derived
by the grantee from all sources, without distinction as to transport or
non-transport corporations; provided that with respect to international air
transport services, only the gross passengers, mail and freight revenues from its
outgoing flights shall be subject to this tax.
As can be gleaned above, the legislative charter of PAL clearly provides two
options for the payment of income tax, namely, the normal corporate income tax
imposed on domestic corporations under Section 27(A) of the Tax Code of 1997
(Code) or the 2% franchise tax mentioned in item (b) of the aforementioned
provision, whichever is lower.
Given that PAL has been operating at a loss for many years, it is evident that in
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applying the provisions of Section 13 of said Charter, for the computation of its
income tax liability, it chose to use the normal corporate income taxation under
Section 27(A) of the Code as basis thereof in order to exempt itself from tax liability.
This is without, however, considering the adjunct provision introduced by RA 8424
on the imposition of minimum corporate income tax (MCIT).
With the advent of such provision beginning January 1, 1998, it is certain that
domestic corporations subject to normal income tax as well as those who choose to be
subject thereto, such as PAL, are bound to pay income tax regardless of whether they
are operating at a profit or loss.
Thus, in case of operating loss, PAL may either opt to subject itself to
minimum corporate income tax or to the 2% franchise tax, whichever is lower. On the
other hand, if PAL is operating at a profit, the income tax liability shall be the lower
amount between:
(1) normal income tax or MCIT whichever is higher; and
(2) 2% franchise tax.
Example :
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the option to compute their income tax liability in the same manner provided in PD
1590. SaHTCE
II. Items of Gross Revenue and Cost of Service of PAL for MCIT Purposes. —
For purposes of applying MCIT on the gross income of PAL, its "gross
revenue" and "cost of service" shall consist only of the following items:
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dated December 31, 2002. All revenue officers and others concerned are hereby
enjoined to give this Circular as wide a publicly as possible.
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