Professional Documents
Culture Documents
PART 1
A. INTRODUCTION
Sec. 21 Sources of Revenue the following taxes, fees and charges are deemed to be
national internal revenue taxes:
1. Income tax;
2. Estate and Donors taxes;
3. Value-added tax;
4. Other percentage taxes;
5. Excise taxes;
6. Documentary stamp taxes; and
7. Such other Taxes as are or hereafter may be imposed and collected by the Bureau of
Internal Revenue
2. Constitutional Limitations
SISON V. COMMISSIONER
BP 135 was enacted amending sec 21 of the NIRC[1]. Petitioner Sison assails the
amendment claiming it would unduly discriminate against him by the imposition of
higher tax rates upon his income from the exercise of his profession vis--vis against
those earning a fixed income. He claims that the measure is arbitrary and violative of
both the equal protection and due process clauses of the constitution.
Held: The power to tax is inherent in sovereignty. However, it is not limitless. The
constitution sets forth its limitations. Adversely affecting as it does property rights, both
the due process and the equal protection clauses may properly be invoked to invalidate
a revenue measure. However, there has to be sufficient basis to support such a claim.
The due process clause may be invoked if the measure is so arbitrary that it finds no
support in the Constitution, as when it amounts to a confiscation of property or where it
beyond the authority of the taxing authority, or is not for a public purpose. As for equal
protection, it is sufficient if the law operates equally and uniformly on all persons under
the same circumstances or that all persons must be treated in the same manner, the
conditions not being different, both in privileges conferred and liabilities imposed.
In the case of BP 135, there is ample distinction to adopt a gross system of income
taxation to compensation income. In such law, the basis for classification is the
susceptibility of the income to the application of generalized rules removing all
deductible items for all tax payers whithin the class and fixing a set of reduced tax rates
to be applied to all of them.
D. TAX ON INDIVIDUALS
i) Individual Citizens- Taxable on all sources of income, whether within or without the
Philippines
ii) Non-resident Citizen- Taxable only on income from within the Philippines
iii) Individual Resident Aliens- Taxable only on income from within the Philippines
iv) Non- Resident Aliens-taxable only on income from within the Philippines
(C) Capital Gains from Sale of Shares of Stock not Traded in the Stock Exchange. - The
provisions of Section 39(B) notwithstanding, a final tax at the rates prescribed below is
hereby imposed upon the net capital gains realized during the taxable year from the
sale, barter, exchange or other disposition of shares of stock in a domestic corporation,
except shares sold, or disposed of through the stock exchange.
Not over P100,000........ 5%
On any amount in excess of P100,000 10%
(D) Capital Gains from Sale of Real Property. -
(1) In General. - The provisions of Section 39(B) notwithstanding, a final tax of six
percent (6%) based on the gross selling price or current fair market value as determined
in accordance with Section 6(E) of this Code, whichever is higher, is hereby imposed
upon capital gains presumed to have been realized from the sale, exchange, or other
disposition of real property located in the Philippines, classified as capital assets,
including pacto de retro sales and other forms of conditional sales, by individuals,
including estates and trusts: Provided, That the tax liability, if any, on gains from sales
or other dispositions of real property to the government or any of its political
subdivisions or agencies or to government-owned or controlled corporations shall be
determined either under Section 24 (A) or under this Subsection, at the option of the
taxpayer.
(2) Exception. - The provisions of paragraph (1) of this Subsection to the contrary
notwithstanding, capital gains presumed to have been realized from the sale or
disposition of their principal residence by natural persons, the proceeds of which is fully
utilized in acquiring or constructing a new principal residence within eighteen (18)
calendar months from the date of sale or disposition, shall be exempt from the capital
gains tax imposed under this Subsection: Provided, That the historical cost or adjusted
basis of the real property sold or disposed shall be carried over to the new principal
residence built or acquired: Provided, further, That the Commissioner shall have been
duly notified by the taxpayer within thirty (30) days from the date of sale or disposition
through a prescribed return of his intention to avail of the tax exemption herein
mentioned: Provided, still further, That the said tax exemption can only be availed of
once every ten (10) years: Provided, finally, that if there is no full utilization of the
proceeds of sale or disposition, the portion of the gain presumed to have been realized
from the sale or disposition shall be subject to capital gains tax. For this purpose, the
gross selling price or fair market value at the time of sale, whichever is higher, shall be
multiplied by a fraction which the unutilized amount bears to the gross selling price in
order to determine the taxable portion and the tax prescribed under paragraph (1) of this
Subsection shall be imposed thereon.
RR 2-98
b. Non-Resident Citizens
i. Sec 22 (NIRC): the term non resident citizen means
(1) A citizen of the Philippines who establishes to the satisfaction of the Commissioner
the fact of his physical presence abroad with a definite intention to reside therein.
(2) A citizen of the Philippines who leaves the Philippines during the taxable year to
reside abroad, either as an immigrant or for employment on a permanent basis.
(3) A citizen of the Philippines who works and derives income from abroad and whose
employment thereat requires him to be physically present abroad most of the time
during the taxable year.
(4) A citizen who has been previously considered as a nonresident citizen and who
arrives in the Philippines at any time during the taxable year to reside permanently in
the Philippines shall likewise be treated as a nonresident citizen for the taxable year in
which he arrives in the Philippines with respect to his income derived from sources
abroad until the date of his arrival in the Philippines.
(5) The taxpayer shall submit proof to the Commissioner to show his intention of leaving
the Philippines to reside permanently abroad or to return to and reside in the Philippines
as the case may be for purposes of this section.
ii. Sec. 2 - RR 1-79 Who are considered as non-resident citizens the term non-
resident citizen means one who establishes to the satisfaction of the Commission of
Internal Revenue the fact of his physical presence abroad with the definite intention to
reside therein and shall include any Filipino who leaves the country during the taxable
year as:
(1) Immigrant one who leaves the Philippines to reside abroad as an immigrant for
which a foreign visa as such has been secured
(2) Permanent employee one who leaves the Philippines to reside abroad for
employment on a more or less permanent basis
(3) Contract worker one who leaves the Philippines on account of a contract of
employment which is renewed from time to time within or during the taxable year under
such circumstances as to require him to be physically present abroad most of the time
during the taxable year. To be considered physically present abroad most of the time
during the taxable year, a contract worker must have been outside the Philippines for
not less than 183 days during the taxable year.
Those aliens employed by off shore banking units[2] established in the Philippines shall
be taxed 15% on their gross income PROVIDED the same tax treatment is given to
Filipinos employed and occupying the same positions as aliens employed by these off
shore banking units.
Aliens who are permanent residents of a foreign country but are employed and
assigned in the Phil by a foreign service contractor or subcontractor engaged in
petroleum operations in the Philippines shall be taxed 15% on their gross income
PROVIDED that the same tax treatment is given to Filipinos occupying the same
position as aliens by the petroleum contractor or subcontractor.
3. Kind of income and income tax of individuals
a. Tax formula
For married individuals, both shall compute their individual income tax based on their
own taxable income, provided however that if they do not derive income purely from
compensation, they shall file a return for the taxable year to include the income of both
spouses. If is impractical to file just one return, each spouse may file a separate return
but such will be consolidated by the Bureau.[3]
The taxable income subject to the rates above do not include the income derived from
passive income, capital gains from sales of shares of stock not traded in the stock
exchange and capital gains from sale of real property, the tax rates of which are as
follows:
Passive income
10%
Tax rate is now 6% based on the gross selling price or current fair market value,
whichever is higher. However, if the sale is made to the government or any of its
subdivisions or to any GOCC, it may be taxed as part of the taxpayers income ( as set
forth in the fist paragraph of this part), at the option of the taxpayer. (RR 8-98)
EXCEPTION: If the sale is of the taxpayers principal residence of a natural person and
the proceeds are used to purchase a new home, it shall be exempt provided:
a return is filed with the Bureau within 30 days from the sale stating the intention to
avail of the exemption
Proceeds are used within 18 months from sale to purchase a new residence
The historical costs of the residence sold is carried over to the new home
Exemption can only be availed of once every 10 years
If proceeds are not fully utilized, portion of the gain is taxable using this formula:
Taxable gain= gsp or fmv (whichever is higher) x unutilized portion/gsp
4. Personal, additional, and special exemptions; amounts
The following personal exemptions are allowed for the purpose of determining the tax to
be imposed upon resident citizens and resident aliens:
In the case of married individuals where only one spouse is deriving gross income, only
such spouse shall be allowed the personal exemption
An additional exemption of P8,000 is also allowed for each dependent not exceeding
four. However, only one spouse may claim such exemption and in case of married
individuals who are legally separated, the one who has custody of the child/ children
can claim such exemption.
P20,000
2) Dependents
Each dependent not exceeding 4
P8,000
The additional exemption for dependents shall be claimed by ONLY one spouse in
case of married individuals
In case of legally separated spouses, additional exemptions may be claimed ONLY by
the spouse who has custody of the child or children; PROVIDED that the total amount of
additional exemptions that may be claimed by both shall not exceed the maximum
additional exemptions herein allowed.
Non-resident citizen
RR 1-79
Non-resident citizens are allowed the following exemptions:
Personal exemptions:
Single or married but legally separated$2,000
Married or head of the family...$4,000
Also, the total amount of the national income tax actually paid to the national
government of the foreign country of his residence shall be deducted from his taxable
income.
These persons are entitled to personal exemptions in the amount equal to the
exemptions allowed in the income tax law of the country of which he is a citizen, to
citizens of the Philippines not residing in that country. Such amount shall not exceed the
amount fixed in Sec 36 of the NIRC. However, such nonresident alien shall file a true
and accurate return of the total income received by him from all sources within the
Philippines.
5. definition of:
a. head of family
A head of the family is an unmarried or a legally separated man or woman with one or
both parents, or with one or more brothers and sisters, or with one or more legitimate,
recognized natural or legally adopted children living with and dependent upon him for
their chief support (more than 1/2 of the requirements for support), where such brothers
of sisters or children are not more than 21 years of age, unmarried and not gainfully
employed or where such children, brother or sister, regardless of age are incapable of
self-support because of mental or physical defect
b. dependent
Dependent means a legitimate, illegitimate or legally adopted child chiefly dependent
upon and living with the taxpayer if such dependent is not more than 21 years of age,
unmarried and not gainfully employed or if such dependent, regardless of age, is not
capable of self-support because of mental or physical defect
CHANGE OF STATUS
Change
Effect
If the taxpayer should marry or should have additional dependents during the taxable
year
He may claim the corresponding exemptions in full for such year
If the taxpayer should die during the taxable year
His estate may claim the personal exemptions as if he dies at the close of such year
If the spouse or any dependent
a) should die
b) should marry (refers to the dependent)
c) become 21 years old during the year
d) becomes gainfully employed
The taxpayer may claim the personal exemptions as if the spouse or dependent dies or
as if such dependent married, became 21 years old or became gainfully employed that
the close of such year
NOTE: For any other event that results in a change in the status of the taxpayer as it
affects his personal exemptions, and for which there are no specific rules applicable
from those abovementioned, the status of the taxpayer at the end of the year shall
determine his personal exemptions for such year.
Premium payments of such nature paid during the taxable year, not exceeding P2,400
per family OR P200 a month paid during the taxable year by the taxpayer for himself,
including his family, shall be allowed as deductions from his gross provided that the
gross income of the family does not exceed P250,000 for the taxable year. For married
couples, only the spouse claiming deductions for the dependents may avail of such
exemption. (Sec. 34 [m]).
TAX ON CORPORATIONS
8. Definition of Corporations:
Sec. 22 NIRC the term corporation shall include partnerships, no matter how created
or organized, joint-stock companies, joint accounts (cuentas en participacion),
associations, or insurance companies, but does not include general professional
partnerships and a joint venture or consortium formed for the purpose of undertaking
construction projects or engaging in petroleum, coal, geothermal and other energy
operations pursuant to an operating or consortium agreement under a service contact
with the Government. General professional partnerships are partnerships formed by
persons for the sole purpose of exercising their common profession, no part of the
income of which is derived from engaging in any trade or business.
Issue: W/n the 2 transportation companies are liable to payment of income tax as a
corporation on the theory that the Joint Emergency Operation organized & operated by
them is a corporation w/in the meaning of the Revised Internal Revenue Code.
HELD: The MOA has not by itself created a taxable joint venture. However, the joint
venture to be subsequently entered into by & between ALI & API will create a joint
venture subject to tax.
The Supreme Court, applying Art. 1769 of the Civil Code, said that the sharing of gross
returns does not itself establish a joint partnership whether or the persons sharing them
have a joint or common right or interest in the property from which the returns are
derived. There must, instead, be an unmistakable intention to form that partnership or
joint venture. A sale of a co-ownership property at a profit does not necessarily establish
that intention.
This is about the tax liability of 4 brothers & sisters who sold 2 parcels of land which
they had acquired from their father. In 1973, Jose Obillos Sr bought 2 parcels of land
from Ortigas & Co & transferred his rights to his 4 children to enable them to build their
residences. In 1974, the 4 children resold the lots to Walled City Securities Corp &
earned profit. CIR assessed the 4 children with corporate income tax.
HELD: It is error to hold that petitioners (Obillos) have formed a taxable unregistered
partnership simply because they contributed in buying the lots, resold the same &
divided the profit among themselves. They are simply co-owners. They were not
engaged in any joint venture by reason of the isolated transaction. The original purpose
was to divide the lots for residential purposes. The division of the profit was merely
incidental to the dissolution of the co-ownership.
a. In General
i. Domestic
Sec. 27, (A) In General. - Except as otherwise provided in this Code, an income tax of
thirty-five percent (35%) is hereby imposed upon the taxable income derived during
each taxable year from all sources within and without the Philippines by every
corporation, as defined in Section 22(B) of this Code and taxable under this Title as a
corporation, organized in, or existing under the laws of the Philippines: Provided, That
effective January 1, 1998, the rate of income tax shall be thirty-four percent (34%);
effective January 1, 1999, the rate shall be thirty-three percent (33%); and effective
January 1, 2000 and thereafter, the rate shall be thirty-two percent (32%).
In the case of corporations adopting the fiscal-year accounting period, the taxable
income shall be computed without regard to the specific date when specific sales,
purchases and other transactions occur. Their income and expenses for the fiscal year
shall be deemed to have been earned and spent equally for each month of the period.
The reduced corporate income tax rates shall be applied on the amount computed by
multiplying the number of months covered by the new rates within the fiscal year by the
taxable income of the corporation for the period, divided by twelve.
Provided, further, That the President, upon the recommendation of the Secretary of
Finance, may effective January 1, 2000, allow corporations the option to be taxed at
fifteen percent (15%) of gross income as defined herein, after the following conditions
have been satisfied:
(1) A tax effort ratio of twenty percent (20%) of Gross National Product (GNP); (2) A
ratio of forty percent (40%) of income tax collection to total tax revenues; (3) A VAT tax
effort of four percent (4%) of GNP; and (4) A 0.9 percent (0.9%) ratio of the
Consolidated Public Sector Financial Position (CPSFP) to GNP.
The option to be taxed based on gross income shall be available only to firms whose
ratio of cost of sales to gross sales or receipts from all sources does not exceed fifty-five
percent (55%).
The election of the gross income tax option by the corporation shall be irrevocable for
three (3) consecutive taxable years during which the corporation is qualified under the
scheme.
For purposes of this Section, the term 'gross income' derived from business shall be
equivalent to gross sales less sales returns, discounts and allowances and cost of
goods sold. "Cost of goods sold" shall include all business expenses directly incurred to
produce the merchandise to bring them to their present location and use.
For a trading or merchandising concern, "cost of goods" sold shall include the invoice
cost of the goods sold, plus import duties, freight in transporting the goods to the place
where the goods are actually sold, including insurance while the goods are in transit.
For a manufacturing concern, "cost of goods manufactured and sold" shall include all
costs of production of finished goods, such as raw materials used, direct labor and
manufacturing overhead, freight cost, insurance premiums and other costs incurred to
bring the raw materials to the factory or warehouse.
In the case of taxpayers engaged in the sale of service, 'gross income' means gross
receipts less sales returns, allowances and discounts.
Sec. 28, (1) In General. - Except as otherwise provided in this Code, a corporation
organized, authorized, or existing under the laws of any foreign country, engaged in
trade or business within the Philippines, shall be subject to an income tax equivalent to
thirty-five percent (35%) of the taxable income derived in the preceding taxable year
from all sources within the Philippines: Provided, That effective January 1, 1998, the
rate of income tax shall be thirty-four percent (34%); effective January 1, 1999, the rate
shall be thirty-three percent (33%), and effective January 1, 2000 and thereafter, the
rate shall be thirty-two percent (32%).
In the case of corporations adopting the fiscal-year accounting period, the taxable
income shall be computed without regard to the specific date when sales, purchases
and other transactions occur. Their income and expenses for the fiscal year shall be
deemed to have been earned and spent equally for each month of the period.
The reduced corporate income tax rates shall be applied on the amount computed by
multiplying the number of months covered by the new rates within the fiscal year by the
taxable income of the corporation for the period, divided by twelve.
Provided, however, That a resident foreign corporation shall be granted the option to be
taxed at fifteen percent (15%) on gross income under the same conditions, as provided
in Section 27 (A).
(2) Minimum Corporate Income Tax on Resident Foreign Corporations. - A minimum
corporate income tax of two percent (2%) of gross income, as prescribed under Section
27 (E) of this Code, shall be imposed, under the same conditions, on a resident foreign
corporation taxable under paragraph (1) of this Subsection.
Final tax of 5%
Final tax of 10%
(b) From sources within the Philippines, on passive income of interest under the
expanded foreign currency deposit system
Exempt
Take note of the "sources of income" of the corporation given in the problem if such
falls under (a) - (e) above, take it out and tax it accordingly. The income remaining may
now be subject to either the NORMAL TAX, or the MCIT:
2%
The same Rules with regard to the MCIT of a domestic corporation apply here
The Secretary of Finance may suspend the imposition of the MCIT on any corporation
which suffers losses:
a) due to prolonged labor dispute; or
b) due to force majeure; or
c) due to legitimate business reverses
REMEMBER: After (a) - (d) in Table I, the remaining income will be taxed either by the
NORMAL TAX, the MCIT or the GCIT. But take note of the applicability of each.
Moreover, the computation for gross income was included in this reviewer because you
have to take note that the NORMAL TAX is taxed on taxable income (Gross Income -
Expenses), while the MCIT and GCIT are taxed on gross income.
(1) In General. - Except as otherwise provided in this Code, a foreign corporation not
engaged in trade or business in the Philippines shall pay a tax equal to thirty-five
percent (35%) of the gross income received during each taxable year from all sources
within the Philippines, such as interests, dividends, rents, royalties, salaries, premiums
(except reinsurance premiums), annuities, emoluments or other fixed or determinable
annual, periodic or casual gains, profits and income, and capital gains, except capital
gains subject to tax under subparagraphs (C) and (d): Provided, That effective 1, 1998,
the rate of income tax shall be thirty-four percent (34%); effective January 1, 1999, the
rate shall be thirty-three percent (33%); and, effective January 1, 2000 and thereafter,
the rate shall be thirty-two percent (32%).
Final tax of 5%
Final tax of 10%
(b) Interest on foreign loans
Final tax of 20%
(c) Dividend from domestic corporations, under certain conditions (that the country in
which the nonresident foreign corporation is domiciled, shall credit against the tax due
from such corporation taxes deemed to have been paid in the Philippines equivalent to
20%)
REMEMBER: Take note that unlike Table I and II, nonresident foreign corporations are
taxed on gross income. Also, the MCIT and GCIT do not apply to them.
Sec. 27, (B) Proprietary Educational Institutions and Hospitals. - Proprietary educational
institutions and hospitals which are nonprofit shall pay a tax of ten percent (10%) on
their taxable income except those covered by Subsection (D) hereof: Provided, that 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 in Subsection (A) hereof shall be imposed on the
entire taxable income. For purposes of this Subsection, the term 'unrelated trade,
business or other activity' 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. A "Proprietary educational
institution" is any private school maintained and administered by private individuals or
groups with an issued permit to operate from the Department of Education, Culture and
Sports (DECS), or the Commission on Higher Education (CHED), or the Technical
Education and Skills Development Authority (TESDA), as the case may be, in
accordance with existing laws and regulations.
Sec. 4(3) Art. XIV 1987 Constitution: All revenues and assets of non-stock, non-profit
educational institutions used actually, directly and exclusively for educational purposes
shall be exempt from taxes and duties. Upon the dissolution and cessation of the
corporate existence of such institutions, their assets shall be disposed of in the manner
provided by law.
Proprietary educational institutions, including those cooperatively owned, may likewise
be entitled to such exemptions subject to the limitations provided by law including
restrictions on dividends and provisions fore reinvestment.
3. International Carriers
Sec. 28, (3) International Carrier. - An international carrier doing business in the
Philippines shall pay a tax of two and one-half percent (2 1/2%) on its "Gross Philippine
Billings" as defined hereunder:
(a) International Air Carrier. - "Gross Philippine Billings" refers to the amount of gross
revenue derived from carriage of persons, excess baggage, cargo and mail originating
from the Philippines in a continuous and uninterrupted flight, irrespective of the place of
sale or issue and the place of payment of the ticket or passage document: Provided,
That tickets revalidated, exchanged and/or indorsed to another international airline form
part of the Gross Philippine Billings if the passenger boards a plane in a port or point in
the Philippines: Provided, further, That for a flight which originates from the Philippines,
but transshipment of passenger takes place at any port outside the Philippines on
another airline, only the aliquot portion of the cost of the ticket corresponding to the leg
flown from the Philippines to the point of transshipment shall form part of Gross
Philippine Billings.
BOAC v. CIR
BOAC maintained a general sales agent in the Phil. The general sales agent was
engaged in selling & issuing tickets, breaking down the whole trip into series of trips,
receiving fare from the whole trip & allocating to the various airline companies the
services rendered. In fact, the regular sales of ticket, its main activity is the very
lifeblood of the airline business, the generation of sales being the paramount objective.
There should be no doubt that BOAC was engaged in business in the Phil thru a local
agent. It is a resident foreign corporation subject to tax upon its total net income from all
sources w/in the Phil.
Source of income is the property, activity or service that produced the income. For the
source of the income to be considered as coming from the Phil, it is sufficient that the
income is derived from activity within the Phil. In BOACs case, the sale of tickets in the
Phil is the activity that produces the income. The tickets exchanged hands here &
payments for fares were also made here in Phil currency. The situs of the source of
payment is the Phil. The absence of the flight operations to & from the Phil is not
determinative of the source of income or the situs of income taxation.
RR 15-2002
Continuous and Uninterrupted Flight shall refer to a flight in the carrier of the same
airline company from the moment a passenger, excess baggage, cargo and/or mail is
lifted from the Philippines up to the point of final destination of the passenger, excess
baggage, cargo and/or mail. The flight is not considered continuous and uninterrupted if
transshipment of passenger, excess baggage, cargo and / or mail takes place at any
port outside the Philippines on another aircraft belonging to a different airline company.
Tax on Foreign Airline Companies without flights starting from or passing through any
point in the Philippines An off-line airline having a branch office or a sales agent in the
Philippines which sells passage documents for compensation or commission to cover
off-line flights of its principal or head office, or for other airlines covering flights
originating from Philippine ports or offline flights, is not considered engaged in business
as an international air carrier NO TAX Imposed
Tax on International Air Carrier with Flights originating from Philippine ports ---
irrespective of the place where passage documents are sold or issued, 2 % unless
subject to a different tax rate under the applicable tax treaty to which the Philippines is a
signatory.
Sec. 28, (3) Nonresident Owner or Lessor of Vessels Chartered by Philippine Nationals.
- A nonresident owner or lessor of vessels shall be subject to a tax of four and one-half
percent (4 1/2%) of gross rentals, lease or charter fees from leases or charters to
Filipino citizens or corporations, as approved by the Maritime Industry Authority.
Sec. 28, (4) Nonresident Owner or Lessor of Aircraft, Machineries and Other
Equipment. - Rentals, charters and other fees derived by a nonresident lessor of
aircraft, machineries and other equipment shall be subject to a tax of seven and one-
half percent (7 1/2%) of gross rentals or fees.
Sec. 28, (4) Offshore Banking Units. - The provisions of any law to the contrary
notwithstanding, income derived by offshore banking units authorized by the Bangko
Sentral ng Pilipinas (BSP) to transact business with offshore banking units, including
any interest income derived from foreign currency loans granted to residents, shall be
subject to a final income tax at the rate of ten percent (10%) of such income.
Any income of nonresidents, whether individuals or corporations, from transactions with
said offshore banking units shall be exempt from income tax.
RR 10-76
RR 14-77
Gross Onshore Income shall mean gross interest income arising from foreign currency
loans and advances to and/or investments with residents made by offshore banking
units or expanded foreign currency loan transactions. In the case of foreign currency
loan transactions, such gross interest income shall refer only to the stipulated interest
and shall not include all fees, commissions and other charges which are integral parts of
the income from the above transactions.
Tax on Gross Onshore Income shall be 10% thereof and shall be a final tax
RR 10-98
Sec. 2.24. Income Tax Rate of Interest Income from Foreign Currency Deposit
Individual Income Tax on Interest Income from a Depository Bank under the Foreign
Currency Deposit System
(1) Resident Citizen or Resident Alien 7.5% final withholding tax
(2) Non-Resident Citizen Exempt
If a bank account is jointly in the name of the non-resident citizen such as an overseas
contract worker and his spouse who is a resident in the Philippines, 50% of the interest
income from such bank deposit shall be exempt, while the other 50% subject to 7.5%
final withholding tax.
Sec. 2.27 and 2.28 Corporate Income Tax on Interest Income from a Depository Bank
under the Foreign Currency Deposit System
Taxation of Income of an FCDU or OBU from Foreign Currency Transactions In
general, income derived by an FCDU or an OBU from foreign currency transactions with
residents of the Philippines, including local commercial banks, local branches of foreign
banks, and other depository banks under the foreign currency deposit system, shall be
subject to final withholding tax of 10% based on gross income.
PD 1354 Imposing final income tax on subcontractors and alien employees of service
contractors and subcontractors engaged in petroleum operations in the Philippines
8. enterprises registered under Bases conversion & Dev. Act of 1992 and PEZA Act of
1995
RR 20-2002
Tax treatment Income derived by an enterprise registered with the Subic Bay
Metropolitan Authority, Clark Development Authority, or the PEZA from its registered
activities shall be subject to such tax treatment as may be specified in its terms of
registration (i.e. the 5% preferential tax rate, the income tax holiday, or the regular
income tax rate, as the case may be.) Nonetheless, whatever the tax treatment of said
enterprise with respect to its registered activities, income realized by such registered
enterprise that is not related to its registered activities shall be subject to the regular
internal revenue taxes, such as the 20% final income tax on interest from Philippine
Currency bank deposits and yield or any other monetary benefit from deposit
substitutes, and from trust funds and similar arrangements, the 7.5% tax on foreign
currency deposits and 5% / 10% capital gains tax or % stock transaction tax, as the
case may be, on the sale of shares of stock.
Income payments made by a registered enterprise to an entity in the Customs Territory
shall not be subject to the preferential tax rates or tax exemption enjoyed by the
registered enterprise. Thus, dividends paid to the shareholders of a registered
enterprise, interest payments to creditors of such registered enterprise (regardless of
any tax provision for grossing up of taxes) , and other such payments shall be subject to
the appropriate rate of tax imposable on the recipient of such income.
a. Final income tax interest, royalties, capital gains on shares of stock dividends
b. Income tax at the end of the year / quarterly income tax
The ordinary 35% tax rate applicable to dividend remittances to non-resident corporate
stockholders of a Philippine corporation, goes down to 15% if the country of domicile of
the foreign stockholder corporation shall allow such foreign corporation a tax credit for
taxes deemed paid in the Philippines, applicable against the tax payable to the
domiciliary country by the foreign stockholder corporation. In other words, in the instant
case, the reduced 15% dividend tax rate is applicable if the USA shall allow to P&G-
USA a tax credit for taxes deemed paid in the Philippines applicable against the US
taxes of P&G-USA. The NIRC specifies that such tax credit for taxes deemed paid in
the Philippines must, as a minimum, reach an amount equivalent to 20% points which
represents the difference between the regular 35% dividend tax rate and the preferred
15% dividend tax rate. It is important to note that Sec. 24(b)1 of the NIRC does not
require that the US must give a deemed paid tax credit for the dividend tax (20%
points) waived by the Philippines in making applicable the preferred dividend tax rate of
15%. In other words, our NIRC does not require that the US tax law deem the parent-
corporation to have paid the 20% points of dividend tax waived by the Philippines. The
NIRC only requires that the US shall allow P&G-USA a deemed paid tax credit in an
amount equivalent to the 20% points waived by the Philippines.
HELD: In the instant case, Switzerland did not impose any tax on the dividends received
by Glaro. The fact that Switzerland did not impose any tax on the dividends received by
Glaro from the Philippines should be considered as a full satisfaction of the given
condition. Wander liable only to withholding tax rate of 15% & is therefore entitled to
refund.
As to the contention of the Commissioner that Wander is but a withholding agent of the
government & therefore can not claim reimbursement of the alleged overpaid taxes is
UNTENABLE. Wander is a wholly owned subsidiary of Glaro. The fact that it became a
withholding agent of the government, which was not by choice, cannot be considered as
an abdication of its responsibility to its mother company. As the Philippine counterpart,
Wander is the proper entity who should claim for the refund or credit of overpaid
withholding tax on dividends paid or remitted by Glaro.
Sec. 28, (5) Tax on Branch Profits Remittances. - Any profit remitted by a branch to its
head office shall be subject to a tax of fifteen (15%) which shall be based on the total
profits applied or earmarked for remittance without any deduction for the tax component
thereof (except those activities which are registered with the Philippine Economic Zone
Authority). The tax shall be collected and paid in the same manner as provided in
Sections 57 and 58 of this Code: provided, that interests, dividends, rents, royalties,
including remuneration for technical services, salaries, wages premiums, annuities,
emoluments or other fixed or determinable annual, periodic or casual gains, profits,
income and capital gains received by a foreign corporation during each taxable year
from all sources within the Philippines shall not be treated as branch profits unless the
same are effectively connected with the conduct of its trade or business in the
Philippines.
Issue: Whether or not the branch profit remittance tax paid or withheld should be
deducted from the tax base?
Held: In the 15% remittance tax, the law specifies its own tax base to be on the profit
remitted abroad. The tax is imposed on the amount sent abroad, and the law calls for
nothing further. The taxpayer is a single entity and it should be understandable if it is the
local branch of the corporation, using its own local funds, which remits the tax to the
Philippine Government.
The remittance tax was conceived in an attempt to equalize the income tax burden on
foreign corporations maintaining, on the one hand, local branch offices and organizing,
on the other hand, subsidiary domestic corporations where at least a majority of all the
latters shares of stock are owned by such foreign corporations. Prior to the amendatory
provisions of the Revenue Code, local branches were made to pay only the usual
corporate income tax of 25%-35% on net income applicable to resident foreign
corporation. While Philippine subsidiaries of foreign corporations subject to the same
rate of 25%-35% on their net income, dividend payments, however, were additionally
subjected to a 15% withholding tax. In order to avert what would otherwise appear to be
an unequal tax treatment on such subsidiaries vis--vis local branch offices, a 20%,
later reduced to 15%, profit remittance tax was imposed on local branches on their
remittances of profits abroad. But this is where the tax pari-passu ends between
domestic branches and subsidiaries of foreign corporations.
RR 9-98
Imposition of the tax A minimum corporate income tax of 2% of the gross income as of
the end of the taxable year is hereby imposed upon any domestic corporation beginning
the 4th taxable year immediately following the taxable year in which such corporation
commenced its business operations. The MCIT shall be imposed whenever such
corporation has zero or negative taxable income or whenever the amount of minimum
corporate income tax is greater than the normal income tax due from such corporation.
Carry forward of excess minimum corporate income tax Any excess of the minimum
corporate income tax over the normal income tax as computed shall be carried against
the normal income tax for the 3 immediately succeeding years.
Relief from the MCIT The Secretary of Finance, upon recommendation of the
Commissioner, may suspend imposition of the MCIT upon submission of proof by the
applicant-corporation, duly verified by the Commissioners authorized representative,
that the corporation sustained substantial losses on account of a prolonged labor
dispute or because of force majeure or because of legitimate business reverses.
The MCIT on Resident Foreign Corporations The MCIT shall only apply to resident
foreign corporations which are subject to normal income tax. Accordingly, the MCIT
shall not apply to the following resident foreign corporations:
1. international carrier
2. offshore banking units
3. regional operating headquarters
4. firms that are taxed under special income tax regime (such as those enterprises
registered with PEZA and enterprises registered pursuant to the Bases Conversion and
Development Act
RR 2-2001
Sec. 2 There is imposed a tax equal to 10% of the improperly accumulated taxable
income of corporations formed or availed of for the purpose of avoiding the income tax
with respect to its shareholders by permitting the earnings and profits of the corporation
to accumulate instead of dividing them among or distributing them to the shareholders.
The rationale is that if the earnings and profits were distributed, the shareholders would
then be liable to income tax thereon, whereas if the distribution were not made to them,
they would incur no tax in respect to the undistributed earnings and profits of the
corporation. Thus, a tax is being imposed in the nature of a penalty to the corporation
for the improper accumulation of its earnings, and as a form of deterrent to the
avoidance of tax upon shareholders who are supposed to pay dividend tax on earnings
distributed to them by the corporation.
The touchstone of the liability is the purpose behind the accumulation of the income and
not the consequences of the accumulation. Thus, if the failure to pay dividends is due to
some other causes, such as the use of undistributed earnings and profits for the
reasonable needs of the business, such purpose would not generally make the
accumulated or undistributed earnings subject to the tax. However, if there is a
determination that a corporation has accumulated income beyond the reasonable needs
of the business, the 10% improperly accumulated earnings tax shall be imposed.
Sec. 4 Coverage
The Improperly Accumulated Earnings Tax do not apply to the followings corporations:
1. Banks and other non-bank financial intermediaries;
2. Insurance companies;
3. Publicly-Held corporations;
4. Taxable partnerships;
5. General Professional Partnerships;
6. Non-Taxable joint ventures; and
7. Enterprises registered with PEZA and enterprises registered pursuant to the Bases
Conversion and Development Act
(B) Fringe Benefit defined.- For purposes of this Section, the term "fringe benefit"
means any good, service or other benefit furnished or granted in cash or in kind by an
employer to an individual employee (except rank and file employees as defined herein)
such as, but not limited to, the following:
(1) Housing;
(2) Expense account;
(3) Vehicle of any kind;
(4) Household personnel, such as maid, driver and others;
(5) Interest on loan at less than market rate to the extent of the difference between the
market rate and actual rate granted;
(6) Membership fees, dues and other expenses borne by the employer for he employee
in social and athletic clubs or other similar organizations;
(7) Expenses for foreign travel;
(8) Holiday and vacation expenses;
(9) Educational assistance to the employee or his dependents; and
(10) Life or health insurance and other non-life insurance premiums or similar amounts
in excess of what the law allows.
(C) Fringe Benefits Not Taxable. - The following fringe benefits are not taxable under
this Section:
(1) fringe benefits which are authorized and exempted from tax under special laws;
(2) Contributions of the employer for the benefit of the employee to retirement,
insurance and hospitalization benefit plans;
(3) Benefits given to the rank and file employees, whether granted under a collective
bargaining agreement or not; and
(4) De minimis benefits as defined in the rules and regulations to be promulgated by the
Secretary of Finance, upon recommendation of the Commissioner.
The Secretary of Finance is hereby authorized to promulgate, upon recommendation of
the Commissioner, such rules and regulations as are necessary to carry out efficiently
and fairly the provisions of this Section, taking into account the peculiar nature and
special need of the trade, business or profession of the employer.
RR 3-98
Valuation of Fringe Benefits:
1. if the fringe benefit is granted in money, or is directly paid for by the employer, then
the value is the amount granted or paid for;
2. if the fringe benefit is granted or furnished by the employer in property other than
money and ownership is transferred to the employee, then the value of the fringe benefit
shall be equal to the fair market value of the property
3. if the fringe benefit is granted or furnished by the employer in property other than
money but ownership is not transferred to the employee, the value of the fringe benefit
is equal to the depreciation value of the property.
[1] Case did not state what the law says or how it amends the NIRC
[2] a branch, subsidiary or affiliate of a foreign banking corporation which is duly
authorized by the Bangko Sentral Ng Pilipinas to transact offshore banking business in
the Philippines in accordance with PD 1034
(RR 10-98)
[3] SEC. 51(D) of the NIRC
[4] Foreign currency deposit system- the conduct of banking transactions whereby any
person whether natural or juridical may deposit foreign currencies forming part of the
Philippine international reserves , in accordance with RA 6462 ( RR 10-98)
[5] The Bardahl formula was developed to measure corporate liquidity. The formula
requires an examination of whether the taxpayer has sufficient liquid assets to pay all of
its current liabilities and any extraordinary expenses reasonably anticipated, plus
enough to operate the business during one operating cycle. Operating cycle is the
period of time it takes to convert cash into raw materials, raw materials into inventory,
and inventory into sales, including the time it takes to collect payment for sales.