Income Taxation 1
Income Taxation 1
Income Taxation 1
INCOME
all wealth, which flows into the taxpayer other than as a mere return
of capital.
CAPITAL
resource of person, which can be used in producing goods and
services.
REQUISITES FOR INCOME TO BE
TAXABLE
1. There must be a gain or profit.
2. The gain must be realized or
received.
3. The gain must not be excluded
by law or treaty from taxation.
TESTS ON TAXABILITY OF INCOME
1. Flow of Wealth Test The determining factor for the
imposition of income tax is whether any gain was
derived from the transaction.
2. Realization Test - unless the income is deemed
"realized," there is no taxable income.
3. Economic-Benefit Principle Test - flow of wealth
realized is taxable only to the extent that the taxpayer is
economically benefited.
CRITERIA IN IMPOSING INCOME TAX
1.Citizenship Principle A citizen of the Philippines is subject to
Philippine income tax
a. on his worldwide income, if he resides in the Philippines, or
b. only on his income from sources within the Philippines, if he
qualifies as nonresident citizen.
2.Residence Principle resident alien is liable to pay income tax on
his income from sources within the Philippines but exempt from tax
on his income from sources outside the Philippines.
3.Source Principle An alien is subject to Philippine income tax
because he derives income from sources within the Philippines.
Thus, a nonresident alien is liable to pay Philippine income tax on
his income from sources within the Philippines such as dividend,
interest, rent, or royalty, despite the fact that he has not set foot in
the Philippines.
CLASSIFICATION OF
TAXPAYERS
1. Individuals
2. Corporations CORPORATIONS
3. Estates and trusts a. Domestic
b. Foreign
1. resident foreign corporation
INDIVIDUAL INCOME TAXPAYERS: 2. non-resident foreign
a. citizens corporation
1. resident citizens
2. non-resident citizens
b. aliens
1. resident aliens
2. non-resident aliens
i. engaged in trade or business within the
Philippines
INDIVIDUALS
CITIZENS:
1. Those who are citizens of the Philippines at the time of the
adoption of this Constitution (February 2, 1987);
2. Those whose fathers or mothers are citizens of the Philippines;
3. Those born before January 17, 1973, of Filipino mothers, who
elect Philippine citizenship upon reaching the age of majority;
and
4. Those who are naturalized in accordance with law.
NON-RESIDENT CITIZEN a Filipino citizen:
a. who establishes to the satisfaction of the Commissioner the
fact of his physical presence abroad with a definite intention
to reside therein;
b. who leaves the Philippines during the taxable year to reside
abroad, either as an immigrant or for employment on a
permanent basis;
c. 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;
d. who is previously considered as a non-resident and who
arrives in the Philippines at anytime during the taxable year to
reside thereat permanently shall be considered non-resident
for the taxable year in which he arrives in the Philippines with
respect to his income derived from sources abroad until the
RESIDENT ALIEN an individual whose
residence is within the Philippines and who
is not a citizen thereof.
1. The income of the trust for the taxable year which is to be distributed
to the beneficiaries filing and payment of tax lie on the
beneficiaries.
2. The income of the trust which is to be accumulated or held for future
distribution whether consisting of ordinary income or gain from the
sale of assets included in the "corpus" of the estate filing of return
and payment of tax become the burden of the trustee or fiduciary.
Exceptions:
a. In the case of a revocable trust, the income of the trust will be
returned by the grantor.
b. In a trust where the income is held for the benefit of the grantor,
the income of the trust becomes income to the grantor.
c. In the case of trust administered in a foreign country, the income
of the trust; undiminished by any amount distributed to the
beneficiaries shall be taxed to the trustee.
IRREVOCABLE TRUSTS (irrevocable both as to corpus and as to
income)
REVOCABLE TRUSTS
the trustor, not the trust itself, is subject to the payment of
income tax on the trust income.
EXEMPTION OF EMPLOYEES TRUST
The tax imposed by this Title shall not apply to employee's trust
PROVIDED:
1. the employees trust must be part of a pension, stock bonus or
profit sharing plan of the employer for the benefit of some or all of
his employees;
2. contributions are made to the trust by such employer, or such
employees, or both;
3. such contributions are made for the purpose of distributing to such
employees both the earnings and principal of the fund
accumulated by the trust, and
4. that the trust instrument makes it impossible for any part of the
trust corpus or income to be used for, or diverted to, purposes
other than the exclusive benefit of such employees. (Sec. 60B,
NIRC)
Tax exemption is likewise to be enjoyed by the income
of the pension trust; otherwise, taxation of those
earnings would result in a diminution of accumulated
income and reduce whatever the trust beneficiaries
would receive out of the trust fund. (Commissioner vs.
Court of Appeals, Court of Tax Appeals and GCL
Retirement Plans, GR No. 95022, March 23, 1992)
PARTNERSHIPS
Entire Income
Less: Exclusions and Income subject to Final Tax (e.g. Passive
Income)
Gross Income
Less: Deductions (and/or additional exemptions, if applicable)
Net Taxable Income
Multiply by: Tax Rate (%)
Net Income Tax Due
Less: Tax Credit, if any
Tax Still due, if any
PASSIVE INCOME Gross
CAPITAL GAINS
a. Sale of Shares of Stock not Traded in the Stock Exchange
net
FORMULA: Selling price or FMV, whichever is higher, less
acquisition cost of shares of stocks sold/transferred and
incidental selling expenses
b. Sale of Real Property - gross
FRINGE BENEFITS Grossed up monetary
value
FORMULA FOR COMPUTING THE GROSSED UP MONETARY
VALUE OF FRINGE BENEFITS: