Preferential Tax

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San Beda College of Law

MEMORY AID IN TAXATION LAW

2004 CENTRALIZED BAR OPERATIONS

ANNEX C
1. PREFERENTIAL TAX TREATMENT ON CERTAIN INDIVIDUALS
GENERAL
CATEGORIES

RESIDENTS

CITIZENS
NON-RESIDENTS

RESIDENTS

ALIENS
NRAEBT

NRANEBT

SOURCE OF INCOME

ALL SOURCES

WITHIN THE PHIL.

WITHIN THE PHIL.

WITHIN THE PHIL.

WITHIN THE PHIL.

15% Final Withholding


Income Tax (FWIT)

A tax rate of 15% is imposed on gross income(salaries,


wages, etc. received by every Filipino employee occupying the
same position as an alien employed by any of the following:
a. Multinational company which is foreign firm or entity
engaged in international trade with an established branch
in the Phils. as follows:
i) Regional or Area Headquarters
ii) Regional Operating Headquarters
b. Offshore Banking Units
c. Foreign petroleum service contractor or sub-contractor

Foreign
Source
Compensation. Income
not subject to income
tax

C.1. Regardless of the period of stay in the Phils., foreign


source (compensation income) is not taxable if received by
any of the following non-resident citizen.
a) Immigrant
b) Foreign-based employee on a permanent basis
c) Overseas Contract Worker, including overseas seaman
2. A Filipino employed as a Philippine Embassy/Consultant
service personnel of the Phil. Embassy/consulate is not to be
treated as a non-resident citizen, hence, his income is taxable.

A tax rate of 15% is imposed on gross income (salaries, wages, annuition, compensation,remuneration,
other emoluments such as honoraria and allowances)
a. Regional or area Headquarters
b. Regional Operating Headquarters
c. Offshore Banking Units (OBUs) established in the Phil.
d. Foreign petroleum service contractor or subcontractor engaged in Petroleum Operations in the Phil.

NOT TAXABLE

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San Beda College of Law

MEMORY AID IN TAXATION LAW

2004 CENTRALIZED BAR OPERATIONS

ANNEX C
2. PREFERENTIAL TAX TREATMENT ON CERTAIN CORPORATION
DOMESTIC CORPORATION
1. Educational Institution
2. Hospital
1.

2.

A NON-STOCK, NON-PROFIT EDUCATIONAL INSTITUTION is EXEMPT


from Income Tax on its Revenue as educational institution and
from the operation of ancillary activities located within the school
premises
a. Cafeteria/canteen
b. Dormitories
c. Bookstores
d. School Bus
e. Hospitals
f. Pharmacies or Drugstores and from banks deposits subject to
certain condition.
PROPRIETARY/ PROFIT ORIENTED EDUCATIONAL INSTITUTION, AND
NON-STOCK, NON-PROFIT HOSPITAL
(a) 10% OF THE TAXABLE INCOME - If gross income from
unrelated trade business or other activity does not exceed
50% of the total gross income derived from all sources
(b) Regular Domestic Rate - If gross income from unrelated
trade business or other activity exceeds 50% of the total gross
income derived from all sources,

3.

FOREIGN CORPORATIONS
RESIDENT FOREIGN CORPORATION

NON-RESIDENT FOREIGN CORP.

1. INTERNATIONAL CARRIER (within) 2.5% of Gross


Phil. Billings

1. CINEMATOGRAPHIC FILM OWNER, LESSOR OR DISTRIBUTOR


25% of gross income(within)

2. OFFSHORE BANKING UNIT (OBU) Income derived


by OBU from foreign currency transaction with local
commercial bankers, including branches of foreign
bank, including any interest income derived from
foreign currency loans granted to residents.
10% - Final Tax

2. OWNER OR LESSOR OF SEA VESSEL CHARTERED BY


PHILIPPINE NATIONALS 4.5% of Gross rental, lease or
charter fees

3. BRANCHES (Except those registered with PEZA). Any


profit remitted to the head office (total profit applied
or earmarked for remittance without any deduction
for the tax component thereof).
15% - FWT
4. REGIONAL OR AREA HEADQUARTERS not subject to
Income Tax
5. REGIONAL OPERATING HEADQUARTERS 10% of the
taxable income (within)

Regardless of the proportion explained in item No. 2(a) and (b) a


profit oriented hospital will be treated as an ordinary domestic
corporation, hence subject to the Normal Domestic rate.

100

3. OWNER OR LESSOR OF AIRCRAFT, MACHINERIES AND OTHER


EQUIPMENT 7.5% of gross rentals or fees (within)

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