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Fundamentals of Income Taxation
Fundamentals of Income Taxation
03
INCOME TAXATION
REX B. BANGGAWAN, CPA, MBA
GROSS INCOME
All wealth which flows into the taxpayer other than a mere return of capital and includes gains
Basic Definitions:
Gross Income – refers to what is income for taxation purposes
Taxable Income – as the pertinent items of gross income that are subject to tax after allowable deductions
Tax Base – the value of a certain goods, or property for taxation purposes
(074) 665 6774 0916 840 0661 [email protected] MAY 2021 CPA REVIEW SEASON
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2. Other withheld final tax – these are groups of passive income that are subject to withholding by the income payor.
Examples include final tax on:
a. Interest on deposits with banks d. Winnings
b. Prizes e. Royalties
c. Dividends received from domestic corporation
B. Regular (Active) Income Tax – applies to all items of gross income that are generated by the taxpayer in the ordinary
course of business or to those items of passive income that are not covered by final taxes.
Regular income tax is either:
1. Progressive tax (0-32% schedular rates) – applicable to individual and taxable trusts and estates
2. Final tax (35%) – applicable to corporations
Classification of Taxpayers
Income Taxable in the Philippines
Type of Taxpayers Earned Philippines Earned Abroad
I. Individuals
A. Citizens
1. Resident
2. Non-resident
B. Aliens
1. Resident
2. Non-resident
a. In business
b. Not in business
C. Estate and Trusts --same rule with individuals--
II. Corporations
A. Domestic
B. Foreign
1. Resident
2. Non-resident
SITUS OF INCOME
A. Interest – debtor’s residence
B. Dividends
1. By a domestic corporation – within the Philippines
2. By a foreign corporation – apply the income dominance test
Basis:
World gross income for the three-year period ending the current taxable year preceding the declaration of such
dividends
a. If Philippine gross income is less than 50% of the basis, the whole dividend is considered earned outside the
Philippines
b. If Philippine gross income is at least 50% of this, the ratio of Philippine gross income over the basis multiplied
by the dividend received is considered earned within the Philippines.
C. Service – place of performance of the service
D. Rent – location of the property
E. Royalties – place where the intangible is used
F. Gain on sale
a. Real property – location of the property
b. Domestic shares of stock – always within the Philippines
c. Personal property – place of sale
G. Mining – location of mine
H. Farming - location of farm
I. Merchandising – place of sale
Place of Puchase Place of Sale Income is earned
a. Within within within
b. within abroad abroad
c. abroad within within
d. abroad abroad abroad
J. Manufacturing – place of production and place of sale (Sec. 42(E), NIRC):
Whether full or partial processing, for example:
Place of Production Place of Sale Income is earned
a. Within within within
b. within abroad within and abroad
c. abroad within within and abroad
d. abroad abroad abroad
Allocation methods:
The allocation of manufacturing income is governed by the transfer pricing regulations which mandates measurement
of revenue or costs between affiliated enterprises at arm’s length price.
Normally, accounting period are uniformly 12 months, however, short accounting period may arise in the following cases:
1. Death of a taxpayer
2. Newly organized business
3. Dissolution of business
4. Change in accounting period
5. Termination of accounting period by the CIR
TAX PAYMENTS
Tax shall be paid on the 15th day of the fourth month following the close of the taxpayer’s taxable year.
2. Accrual Method – income is reported in the year it is earned and expenses are deducted in the year incurred
3. Hybrid method – combination of both cash basis and accrual basis method
B. Deferred Payment Sales
1. Installment method – applicable in the following three cases only:
a. Sale of personal property by a dealer
b. Casual sale of personal property where:
a. selling price is over P1,000.00
b. initial payment does not exceed 25% of the selling price
c. property is of a kind which would be included in the taxpayer’s inventory if on hand at the close of the
taxable year
c. Sale of real property where the initial payment does not exceed 25% of the selling price
Initial Payment – refers to payments which the seller receives upon the execution of the instruments of sale and
those scheduled to be received in the year of sale or disposition. It simply means “total first year payments” but
do not include receipts of evidence of indebtedness of the buyer such as notes.
2. Deferred payment basis – applicable when the buyer has issued evidence of obligation (notes). The notes shall be
valued at its market value at the date of receipt. The difference between the fair value and the face value is reported
as interest income in future taxable period. This is an alternative to delaying tax payments when the installment
method is not available.
C. Long-term Construction Contracts
1. Percentage of completion – this is applicable only to long-term construction contracts covering a period in excess
of one year (Architect or engineer’s certification is required)
2. Completed contract basis – gross income is recognized upon completion of construction contract
D. Farming income
Crop year basis – applicable only to farmers engaged in the production of crops which takes more than a year from the
time of planting to the process of gathering and disposal. Expenses paid or incurred are deductible in the year the gross
income from the sale of the crops is realized.
E. Leasehold improvement
1. Outright method – the value of the leasehold improvement attributable to the lessor is reported in taxable income
at the time of completion of the leasehold
2. Spread-out method – the value of the leasehold improvement attributable to the lessor is recognized in taxable
income over the lease term
Who are not required to file individual returns for income tax?
1. An individual whose gross income does not exceed P 250,000, except those engaged in business or profession
2. An individual with respect to pure compensation income, derived from sources in the Philippines, the income tax on
which has been correctly withheld, except those with concurrent employment
3. An individual whose income has been subjected to final income tax
4. An individual who is exempt from filing income tax returns in pursuant to other provisions of the Tax Code and other
laws.
4. Duly authorized Treasurer of the city or municipality in which the taxpayer has his legal residence or principal place of
business in the Philippines or
5. Office of the Commissioner if the taxpayer has no legal residence or place of business in the Philippines
DRILLS
A. Identification of gross income
Check items of gross income and
1. Compensation for injuries sustained
2. Income from donated property
3. PCSO or Lotto winnings
4. Gain on sale of inheritance
5. Increase in fair value of equity securities
6. Moral damages
7. Interest from moral damages
8. Income of the government
9. Winnings from gambling
10. Cancelation of debt out of gratuity
11. Benefits from SSS or GSIS
12. Income of non-profit institution from their properties
13. Income of employee trust funds
B. Identification of taxpayers
What is the taxpayer classification of the following?
1. A branch of a domestic corporation
2. A branch of a foreign corporation operating in the Philippines
3. A sole proprietorship
4. A coownership
5. A joint venture organized in the Philippines
6. A partnership of accountants selling cosmetics
7. A partnership of doctors rendering medical services
8. A foreigner naturalized by law
9. A fat American tourist
10. Employed Filipino working under a secondment assignment abroad
11. An expatriate employee
12. A corporation organized in the Philippines with major operations abroad
13. Filipino who migrated in Canada
14. An OFW
15. An alien with a 2-year working visa
16. A Filipino who stayed abroad for 181 days
17. An alien who is staying in the Philippines for 181 days
18. A revocable trust
19. An estate that is judicially settled
20. A one-person corporation
2. Mr. Ching, a resident alien, holds 25% of the ordinary shares of DLH, Company. DLH Company has the following
income in the last three years:
Gross Income: 2018 2019 2020
Philippines P 1,200,000 P 4,000,000 P 6,000,000
Abroad 2,800,000 2,000,000 4,000,000
During 2021, DLH Company declared P100,000 dividends to Mr. Ching.
Compute the dividend income earned within if Mr. Ching is a resident foreign corporation and a domestic
corporation, respectively.
a. P 100,000; P 100,000 c. P 52,000; P 100,000
b. P 56,0000; P 100,000 d. P 100,000; P 52,000
3. Mr. X, a resident citizen, imported an electric car from Tesla Industries, a US-based corporation. Tesla industries
earned a substantial income from the sale of the car.
Required: Where is the situs of taxation of the gain on the sale? Is it taxable in the Philippines?
4. During his visit to the Philippines, Mr. Ali, a non-resident citizen, sold his house and his car in San Diego, California
to Mr. Pacman, a resident citizen. Mr. Ali earned P 400,000 gain for his car and P2M gain for his house.
5. Dankirk Company imported a certain machinery model from Jinghiam Company of Korea with total invoice of
P2,400,000. Dankirk had the machinery remodeled in Korea to Konam Machineries for P400,000. Upon arrival of
the machinery, Dankirk Company sought Jinghiam Company engineer’s assistance for the installation of the
machinery for P200,000. Which is correct?
a. Dankirk shall subject the Jinhiam Company’s invoice to a final tax of 30% final tax.
b. Dankirk shall subject the Konam Machineries remodeling fee to 30% final tax.
c. Dankirk Company shall subject Jinghiam Company’s installation fees to 30% final tax.
d. Jinghiam Company shall file an income tax return for the installation service fees.
6. Pines Company, a domestic corporation, produces Product X which it sells here and abroad. ABC has a branch in
Japan. Considering that Japan has a lower tax rates, Pines Company transfers Product X the Japanese branch at
cost. The following shows a brief summary of the Philippine and Japanese operations:
Philippine head office Japanese Branch
Domestic and export sales P 20,000,000 P 12,000,000
Cost of sales 10,000,000 6,000,000
A closely similar domestic product would sell at a 50% mark-up. However, the Commissioner of Internal Revenue
and Pines Company set an advanced pricing agreement of 20% profit margin for Product X.
Required:
1. Determine the total income earned within.
2. Determine the total income earned within if there is no advanced pricing agreement.
7. Pines Corporation has a principal place of business in Baguio City, a branch in Manila City and a 70%-owned
subsidiary, Choco Hills, Inc. in Davao. The following shows Pines Corporation’s sales transactions during the year:
Pines Corporation billed the Manila branch P1,500,000 for merchandise shipped to the latter at a mark-up of
50% above acquisition cost. The branch resold half of the merchandise for P900,000.
Sold merchandise to unrelated parties at a gain of P800,000
Sold merchandise to Darrel Asuncion, Pines Corporation’s controlling stockholder, at a gain of P100,000
Sold various merchandise to Choco Hills, Inc. at a gain of P300,000. All of these are not yet sold by Choco Hills
to other parties at year-end.
5. What are the deadlines of the quarterly income tax returns for individuals and corporate taxpayers, respectively,
counted from the end of the quarterly period?
a. 45 days; 45 days c. 60 days; 45 days
b. 60 days; 60 days d. 45 days; 60 days
6. Effective February 2018, DEF Corporation changed its accounting period from a fiscal year ending every January
31 to another fiscal year ending every August 31. Which is correct?
a. DEF Corporation should file an adjustment return covering the period covering August 31, 2017 to August 31,
2018.
b. DEF Corporation should file an adjustment return covering the period January 1, 2018 to August 31, 2018
c. DEF Corporation should file an adjustment return covering the period of February 1, 2018 to August 31, 2018.
d. DEF Corporation should file an adjustment return covering the period of August 31, 2018 to December 31,
2018.
8. ABC, Inc. reported the following income in 2019 using GAAP cash basis:
Professional fees P 600,000
Less: Expenses
Salaries expense 120,000
Supplies expense 40,000
Rental expense (1/2 relates to 2020) 80,000
Operating Income P 360,000
Unrealized gain on marketable equity securities 20,000
Net income P 380,000
Year-end additional information:
a. There were P20,000 accrued salaries unpaid to staffs.
b. There were P80,000 accrued professional fees.
c. A total of P40,000 fees were advanced by various clients.
Compute the taxable income of the taxpayer using the cash basis of accounting
a. P400,000 b. P460,000 c. P480,000 d. P500,000
9. Compute the taxable income of the taxpayer using the accrual basis of accounting
a. P400,000 b. P440,000 c. P460,000 d. P480,000
10. Juan, a dealer of car, sold a used car and a refrigerator on October 1, 2020 for P200,000 each. Each sale calls for
a 30% downpayment with the balance payable in 24 equal installments starting at the
Required: Compute the reportable gross income in 2020.
11. Sleepy Heads Contractors accepted a contract from Goldigger Corporation for P10M. The contract was completed
in two years. Sleepy incurred P3M and P2M in year 1 and year 2, respectively. An engineering estimate pegged the
completion at 60% in year 1.
Compute the gross income in year 1 and year 2.
a. P3M; P2M c. P 2M; 2M
b. P0M; P5M d. P 0M; P6M
12. Mr. Lessor bought a piece of land at a cost of P1,000,000. He leased the land to Mr. Lessee at an annual rental of
P50,000 over a 15-year lease contract. Lessee constructed a P1,000,000 building on the land. The building has an
estimated useful life of 20 years which was the basis of a straight-line method of depreciation. The building
construction was completed at the end of the first year.
Required:
a. Determine the following
Outright method Spread-out method
Income from leasehold improvement
Yearly income
Income of lessor assuming contract is terminated at the end of
the 10th year due to fault of the lessee
Deductible loss of the lessor if the improvement was destroyed
at the start of the 9th year of the lease contract
b. Discuss your answers to the foregoing requirement if it was agreed that the lease shall not commence until the
completion of the building construction
E. Tax compliance
1. When there is no BIR Office in the municipality or city where the taxpayer resides, what is the proper venue of filing?
a. Office of the provincial treasurer
b. Authorized Agent Bank
c. Revenue Collection Officer
d. Deputized municipal or city treasurer’s office
5. Mr. Indio, a resident of Baguio, is starting two branches in Manila and Baguio. Manila is designated as his head
office with Baguio as his branch office. Where will he be required to register and file income tax return?
a. Manila RDO c. Both Manila and Baguio RDOs
b. Baguio RDO d. Either RDOs at his discretion
6. A corporate taxpayer with a branch in Makati City used the invoice of its branch in Paranaque City to bill the sales
made to a Makati resident. Which is correct?
a. This will lead to both local and internal revenue tax assessment.
b. This will lead to a local tax assessment but not an internal revenue tax assessment.
c. This will lead to an internal revenue tax assessment but not a local tax assessment.
d. This will neither cause an internal revenue assessment nor a local tax assessment.
7. Copia Corporation had a head office in Angeles City, a highly urbanized city in the province of Pampanga, and a
branch in San Fernando City, a component city of Pampanga. Copia has a 60% subsidiary Zpar Company in the
municipality of Guagua, Pampanga.
Required:
a. What is the venue of filing of Copia Corporation?
b. What is the venue of filing of its Zpar subsidiary?
8. A large taxpayer with a principal place of business in Baguio City has a branch in Angeles City. What is the proper
venue of filing?
a. Large Taxpayer’s Service Division using e-filing and payment system
b. Baguio City RDO using e-filing and payment system
c. Baguio City RDO using e-filing and payment system or manual system
d. Baguio RDO or Angeles City RDO at his option
13. This is a settlement for violations in lieu of criminal prosecution to violations of the NIRC?
a. Interest c. Compromise
b. Surcharge d. All of these
14. Mr. Wong forgot to pay his income tax for taxable year 2018 amounting for P200,000. On May 18, 2020, he filed his
income tax return. Compute the total tax due including increments.
F. Networth method
Mr. See submitted a summary of his networth showing an increase of P 1,200,000. He presented a long list of
expenditures consisting of P 700,000 personal and family living expenses and P250,000 business expenses. During the
year, he received an civic award worth P150,000 from the business community.