Basic Principles of Taxation
Basic Principles of Taxation
Basic Principles of Taxation
Submitted to:
Prof. Ardee Dela Cruz
Submitted by:
Cabreros, Mara Jen
Serrano, Bing
Tumang, Kris Thea
BASIC TAXATION
Multiple choices
2. Which of the following 'statements is not correct?
(a) Taxes may be imposed to raise revenues or to provide disincentives to
certain activities within the state;
(b) The state can have the power of taxation even if the Constitution does not
expressly give it the power to tax;
(c) For the exercise of the power of taxation, the state can tax anything at any
time;
(d) The provisions of taxation in the Philippine Constitution are grants of
power and not limitations on taxing powers.
Answer: d
3. A religious order. , lessee of a piece of land, constructed a seminary and church on a portion
of the land On the portion of the sand not used as seminary and constructed a one-story building
that it sub-leased toprivate individual:religious materials, food and refreshments. The rentincome
is used for teaching at the seminary.
Statement 1. The rent, In some of the religious order is subject to income tax;
Statement 2. The exemption from taxation provided in the Philippine Constitution prohibits We
imposition of any tax on the religious order.
(a) True, true; (b) False, false; (c)True, false; (d) False, true.
Answer. c
The constitutional provision on exemption of the church, parsonage or con.
vent appurtenant thexe ;o is an exemption of the church, etc. from property tax:
The income tax is not a property tax. However, since the church is also a non-
profit-educational institution, its rent income, since used actually, directly and
exclusively for educational purposes, is exempt from the income tax under the
Constitution.
(a) True true; (b) False, false; (c) True, false; (d) False, true.
Answer A
Answer: d
7. One of the characteristics of our internal revenue laws is that they are:
(a) Political in nature;
(b) Penal in nature;
(c) Generally prospective in operation although the tax statute may nevertheless operate
retrospectively provided it is clearly the legislative intent;
(d) Answer not given.
Answer c
8. In case of conflict between tax laws and generally accepted accounting principles (GAAP):
(a) Both tax laws and GAAP shall be enforced;
(b) GAAP shall prevail over tax laws;
(c) Tax laws shall prevail over GAAP;
(d) The issue shall be resolved by the courts
Answer: C
9. The following are similarities of the inherent power of taxation, eminent domain, and police
power, except one:
(a) Are necessary attributes of sovereignty
(b) Interfere with private rights and property;
(c) Affect all persons or the public;
(d) Are legislative implementation.
Answer : C
10. Tax as distinguished from license fee.
(a) Non-payment does not necessarily render the business illegal;
(b) A regulatory measure;
(c) Imposed in the exercise of police power;
(d) Limited to cover cost of regulation.
Answer a
12. The distinction of a tax from permit or license fee is that a tax is:
(a) Imposed for regulation:
(b) One which involves an exercise of police power;
(c) One in which there is generally no limit on the amount that may be imposed;
(d) Answer not given.
Answer. c
15. The power of taxation is inherent in sovereignty being essential to the existence of every
government. Hence, even if not mentioned in the Constitution the state can still exercise the
power.
It is essentially a legislative function. Even in the absence of any constitutional provision,
taxation power falls to Congress as part of the general power of law-making
(a) True, true: (b) False, false. (c) True, false; (d) False,
Answer: a
16. Which of the following is not a scheme of shifting the incidence of taxation?
(a) The manufacturer transfers the tax to the consumer by adding the tax to
the selling price of the goods sold;
(b) The purchaser asks for a discount or refuses to buy at regular prices unless it is
reduced by the amount equal to the tax he will pay;
(c) Changing the terms of the sale like FOB shipping point in the Philippines to FOB
destination abroad, so that the title passes abroad instead of in the Philippines,
(d) The manufacturer transfers the sales tax to the distributor, then in turn to the
wholesaler, in turn to the retailer and finally to the consumer.
Answer: c
17. The proportional contribution by persons and property levied by the law-making body of the
State by virtue of its sovereignty for the support of the government and all public needs is
referred to as:
a. Taxes:
b. Special assessment;
c. License fees;
d. Answer not given.
Answer: a
19. Tax of a fixed proportion of the value of the property with respect to which the tax is
assessed and requires the intervention of assessors or appraisers to estimate the value of such
property before the amount due from each tax payer can be determined is known as:
(a) Specific;
(b) Ad valorem,
(c) Special or regulatory,
(d) answer not given
Answer b
22. Statement I A fee at an amount that is more than necessary for regulation is a tax, and hence
may be imposed only on a clear authority under the law to impose the tax.
Statement 2 A tax for a special purpose (as road tax) which is spent for purposes other than
those 'stated in the law for its use, if involving a huge amount to the crime of plunder
(a) True, true, (b) False, false, (c) True, false, (d) False, true
Answer a
23. Which statement is correct? A revenue regulation as a source of tax law, is:
(a) Promulgated by the Bureau of Internal Revenue,
(b) Promulgated by the Department of Finance,
(c) Promulgated by the Department of Finance upon the recommendation of the Bureau
of Internal Revenue,
(d) An interpretation of the revenue law by the Bureau of Internal Revenue
Answer. c
24. Congress enacted a law increasing the personal exemptions of individuals under the income
tax law to a uniform P50,000 for all individuals, regardless of status of the individuals The law
took effect sometime within the year. The Secretary of Finance will allow the increase on
personal exemption to a date:
(a) On the effectivity of the law within the year:
(b) As of the beginning of the year in which the law was passed by
Congress.
(c) As at the beginning of the succeeding year:
(d) Only when Congress passes a law clearly stating the effectivity of the increase
Answer. a
26. A tax must be imposed for a public Purpose. Which of the following is not a public purpose?
(a) National defense,
(b) Public education
(c) Improvement of the sugar industry,
(d) None of the above
Answer d
28. In 2013, a person was given by a special law the privilege to operate a public utility
(franchise), in consideration of which, h9 was required by that law to pay a franchise tax This
franchise can be amended by
(a) An amendment of that special law only,
(b) An amendment of that special law or a law of general application;
(c) An amendment of a revenue regulation.
(d) None of the above.
Answer: b
30. Which is the correct and best statement? A tax reform at any given time under the fact that:
(a) Taxation is an inherent power of the state;
(b) Taxation is essentially a legislative power;
(c) Taxatii2n is a power that is very broad;
(d) The 'fate can and should adopt progressive taxation
Answer c
31. Which statement gives the correct answer? That a feasibility study needs or need not look
into the taxes of different political subdivisions of government which may be alternative sites of
the business is because
(a) Provinces. cities and municipalities must have uniform taxes between and among
themselves;
(b) The local taxes of one political subdivision need not be uniform with the local taxes
of another political subdivision;
(c) Businesses that are subject to national business taxes are exempt from local business
taxes;
(d) Local business taxes may be credited against national business taxes.
Answer. b
32. Which statement is wrong?
(a) A tax is a demand of sovereignty,
(b) A toll is a demand of ownership,
(c) A special assessment is a tax;
(d) Customs duty is a tax.
Answer c
33. A fundamental rule in taxation is that the property of one country may not be taxed by
another country. This is known as-
(a) International law;
(b) International comity;
(c) Reciprocity,
(d) International inhibition.
Answer: b
34. In this power of the state, the person who is parting with his money/property is presumed to
receive a benefit:
(a) Taxation
(b) Police power.
(c) Eminent domain
(d) None of the above
Answer a
35. In all, except one. there can be a classification of the subject matter being required to
shoulder the burden. Which is the exception?
(a) Tax;
(b) License fee:
(C) Toll:
(d) Eminent domain.
Answer. d
36. There can be no tax unless there is a law imposing the tax is consistent with the doctrine or
principle of
(a) Uniformity in taxation:
(b) Due process of law,
(c) Non-delegation of the power to tax;
(d) The power of taxation is very broad and the only limitation is the sense of
responsibility of the members of the legislature to their constituents.
Answer c
41. Which statement is not true? The tax should be based on the taxpayers ability to pay
(a) As a basic principle of taxation, his is called "theoretical justice;"
(b) Asa theory of taxation, this is called 'ability-to pay-theory'
(r) No person shall be imprisoned for non-payment of a tax;
(d) A graduated tax table is in consonance with this rule.
Answer c
41. Statement I The power to tax can be delegated to units of local government, but with
limitations, as may be provided by law.
Statement 2 The power to tax cannot be delegated to the executive department of the National
Government.
(a) True. true: (b) False, false. (c) True, false, (d) False, true:
Answer: a
43. Some franchise holders who are paying the franchise tax are being required by an
amendatory law to pay the value-added tax, while others remain subt1e to the franchise tax.
Which of the following constitutional provisions makes the law unconstitutional?
(a) No law shall be passed impairing the obligation of contracts;
(b) The rule on taxation shall be uniform;
(c) No person shall be deprived of property without due process of law;
(d) None of the above.
Answer: d
44. Under this basic principle of a sound tax system, the Government should not incur a deficit
(a) Theoretical justice.
(b) Administrative feasibility,
(c) Fiscal adequacy
(d) None of the above
Answer c
45. That the legislative body can impose a tax at any amount underscores the legal truism that.
(a) Taxation is an inherent power of the state.
(b) Taxation is a very broad power of the state.
(c) Taxation is essentially a legislative power:
(d) None of the above
Answer b
46. The City of Manila, claiming that it can impose taxes under the Local Government Code,
imposed a tax on banks (in addition to the percentage tax on banks imposed in the National
Internal Revenue Code) The banks within the City of Manila objected for the various reasons
given below. Which would justify the objection of the banks?
(a) The power of taxation cannot be delegated,
(b) The rule on double taxation;
(c) Uniformity in taxation;
(d) None of the above.
Answer d
47. The amount required is dictated by the needs of the government in:
(a) License fee;
(b) Tax,
(c) Toll;
(d) None of the above.
Answer: b
50. As a basic principle of taxation, that "Taxes must be based on the taxpayer's ability to pay" is
called.
(a) Equality in taxation,
(b) Ability-to-pay theory,
(C) Theoretical lusting;
(d) Equity in taxation
Answer. c
51. Which of the following may not raise money for the government?
(a) Power of taxation,
(b) Police power,
(c) Eminent domain;
(d) None of the above.
Answer. c
53. Statement 1. Direct double taxation involves two taxes by the same taxing authority (e.g.
National Government);
Statement 2. Indirect double taxation involves two taxes by two different taxing
authorities (e g., National Government and a unit of local government).
(a) True, true, (b) False, false; (c) True, false, (d) False, true
Answer a
55. Statement 1 Tax evasion, which is the use of means to escape a tax that is already a
liability, is prohibited by law, and is punishable;
Statement 2. Tax avoidance which is the use of means to prevent an accrual of a tax, or to
minimize a tax that may accrue, is likewise prohibited by law and is punishable.
(a) True, true; (b) False, false; (c) True, false; (d) False, true.
Answer. C
57. Pioneer enterprises are exempt from certain taxes for a certain period of time, that are
otherwise applicable to other enterprises. Which of the following statements is wrong?
(a) This violates the constitutional requirement of rule of uniformity in taxation;
(b) This is a sound tax incentive for development of the national economy,
(c) This will provide employment opportunities;
(d) This will not involve unconstitutional delegation of the power of taxation even as
certain government agencies, other than the Congress of the Philippines, will determine who
qualify as pioneer enterprises.
58. Statement 1 A tax amnesty that forgives tax delinquency of prior years is a legislative act
of the Government,
Statement 2 A tax compromise that lowers the delinquent tax from a taxpayer is an
executive act pursuant to a legislative grant of power to the Executive Department of the
Government
(a) True. true. (b) False, false. (c) True, false, (d) False, true.
Answer d
59. Statement 1 A revenue regulation must not be contrary to the provision of the law that it
implements.
Statement 2 A revenue regulation cannot expand the provision of the law that
implements by imposing a penalty when the law that authorizes the re-venue regulation does not
impose a penalty.
(a) True, true. (b) False, false, (c) True, false, (d) False, true.
Answer. a
63. Statement 1 A tax imposed by a law can be changed on its applicability to persons,
properties, etc., only by an amendment of the particular law that imposed it
Statement 2 The applicability of a tax imposed by a law on certain persons properties,
etc. may be changed by another or new law that makes reference to the original law that imposed
the tax.
(a) True, true, (b) False, false. (c) True, false: (d) False, true.
Answer: d
64. A franchise is a law granting to a person the privilege to operate a public utility (e.g. selling
electricity or water). For the privilege, the franchisee will have to pay a franchise tax in effect it
is a contract between the franchisee and the government. In addition to the activity covered by
the franchise, the franchisee may sell other services (e.g. renting out its equipment), which is
subject to the value-added tax
Statement I A few may be passed requiring the holder of the franchise to pay on its main
activity a tax other than the franchise tax (e.g., the value-added tax).
Statement 2. The franchisee may not be required to pay a tax other than the franchise tax
on its main activity because the franchise is a contract that governs the relationship between the
government and the franchise holder.
(a) True, true: (b) False, false,(c) True, false, (d) False, true.
Answer c
65. A non-payment of a tax has a civil liability (payment of the tax) and a criminal liability (fine
and/or imprisonment).
Statement I A civil case has to be filed in court apart of a criminal case filed in court
Statement 2 A case filed with the Court of Tax Appeals covers both the Civil and
criminal aspects of the case.
(a) True, true. (b) False, false: (c) True. false; (d) False, true.
Answer d
TAXPAYER: INDIVIDUAL
5. One who was previously a non-resident citizen and who arrives in the Philippines at any time
during the taxable year to reside permanently in taxable year in which he arrives in the
Philippines the Philippines shall be considered a non-resident citizen for the income derived
from sources abroad until the date of h with respect to Philippines (the law).
Case problem
A citizen of the Philippines was a non-resident citizen in
2013 is arrival in the he arrived in the Philippines to reside permanent in the
A From January 1, 2013 to may 14, 2013;
B From May 15, 2013 to December 31, 2013.
2012 On May 15, Philippines,
Which of the following is wrong.
(a) He is considered a resident citizen on "B' income:
(b) He is considered a non-resident citizen on "A” income,
(C) He is considered a resident citizen on "A" and “B" income,
(d) He is not taxable on A income
Answer c
6. Statement 1 All taxable income are reported in one income tax return for the year.
Statement 2 A creditable withholding income tax reduces the graduated income tax on
"other income" at the end of the year
(a) True. true; (b) False. false: (c) True, false; (d) False, true.
Answer d
9. Which of the following taxpayers whose personal exemption is subject to the law on
reciprocity under the Tax Code'
(a) Non-resident citizen with respect to his income derived from outside the
Philippines;
(b) Non-resident alien who shall come to the Philippines and stay therein for an
aggregate period of more than 180 days;
(c) Resident alien income from a foreign country.
(d) Non-resident alien engaged in trade or business in the Philippines whose country
allows personal exemption to Filipinos who are not residing but deriving income from
that country.
Answer b
10. The personal exemption of the non-resident alien engaged in trade to Philippines is equal to
that allowed by
(a) The income tax law of his country to a citizen of the Philippines not residing there;
(b) The income tax law of his country to a citizen of the Philippines not residing there or
the amount provided by the NIRC to a citizen or resident, whichever is lower;
(c) The National Internal Revenue Code to a citizen or resident;
(d) The income tax law of his country allows to a citizen of the Philippines not residing
there or the amount provided by the NIRC to a citizen or resident alien, whichever is
higher.
Answer b
The taxpayer is allowed an additional exemption of P25,000 for each "dependent" child,
provided that the maximum shall correspond to four dependents.
If the spouses are legally separated, the additional exempt shall be claimed by the spouse to
whom custody of children was given by the court, but the maximum of four dependent also
applies.
19. Statement 1. A legitimate child who was Insane at the beginning of the year, but who
recovered his sanity within the year is not a unit of additional exemption for the
Statement 2 A 'married minor daughter whose marriage was year for the parent
annulled and who now lives with and depend on the parent for support, is a unit of additional
exemption for the parent.
(a) True, true; (b) False, false. (c) True, false, (d) False, true.
Answer a
21. Mr. A and Mr. B are brothers, citizens and residents of the Philippines. Both of them are tax
payer. They had the following data on net income from operations from their respective
businesses for a calendar year A, P1, 200, 406.08 and B, P950, 108.09 Mr. A is still single, but
has with him an illegitimate child, two years old Mr. B is married and has with him six
dependent legitimate children, the eldest of whom was ten years old at the beginning of the year,
and one of whom died within the year. The income tax of Mr. A before any creditable income
tax is
(a) P325,130: (b) P274,236. (c) P330.342. (d) P351,287
Answer. a
24. Husband and wife are separate taxpayers who compute the income tax separately in one
income tax return. The two income taxes computed separately are added to arrive at a single
income tax payment required or a single income tax refundable. Husband and wife are allowed to
file separate income tax returns should it be impracticable for them to file a joint return. But the
returns filed by them shall be consolidated by the Bureau of Internal Revenue. The husband is
the proper claimant of the additional exemption, unless he waives it expressly in favor of the
wife. However, and normally, if the income of the wife is gross compensation income (income
arising from an employer-employee relationship), additional exemption is claimed by the wife
since she furnishes the employer with information on her additional exemption for the purpose of
income tax to be withheld by her employer on her first paycheck in January of the year.
26. A taxpayer is in business. His wife is in the practice of a profession. Both are citizens and
residents of the Philippines Data for them for a year follows:
Gross income of the husband P600 000
Gross income of the wife 500,000
Expenses on the business of the husband 200 000
Expenses on the practice of profession of the wife 100,000
Quarterly income tax paid by the husband 500 000
Quarterly income tax paid by the wife
Income tax withheld on the professional fees of wife 50,000
Income tax still due from husband and wife?
(a) Due from husband of P20000 and refundable to wife of P35000.
(b) Due from husband and due from wife of
(c) Net income tax payable by husband and wife of P109000
(d) Not income tax refundable to husband and wife of P15000.
Answer d
29. The income from self-employment (business and from profession) is reported on a
cumulative basis at the end of each of the first three quarters of the year. The income tax at the
end of a quarter is reduced by the income tax paid in the preceding quarter or quarters. At the end
of the year, the income taxes paid for the first three quarters of the year are deducted or credited
against the income tax for the year.
30. Statement 1. The capital gain tax on shares of stock of an individual applies only if the
shares of stock are those of a domestic corporation.
Statement 2. The capital gain tax on real property of an individual applies only if the real
property is in the Philippines
(a) True, true: (b) False, false: (c) True, false. (d) False, true.
Answer a
16. All, except one, of the following, are not subject to the improperly accumulated earnings tax.
Which is the exception?
(a) Publicly-held corporations
(b) Banks and other non-bank financial intermediaries
(c) Insurance companies,
(d) Saving Institutions
Answer d
17. A corporation should show that it is not being availed of as a vehicle to prevent the
imposition of the income tax on its members. Thus,
Statement 1. When a corporation is a mere holding company, it is subject to the
improperly accumulated earnings tax (IAET).
Statement 2 When the corporation is an investment company, it is subject to the
improperly accumulated earnings tax (IAET).
A. True, True B. False, False C. True, False D. False, True
Answer a
18. Under the Provisions of Revenue Regulations No. 2 (Income Tax Regulations)
(IAET ) by showing that the accumulation is for
(a) Additional working capital:
(b) Debt retirement:
(c) Anticipated losses or reverses in business.
(d) A desire to accumulate profits to an amount not exceeding one hundred percent
(100%) of the paid-up capital of the corporation.
(a) is correct:
(b) is correct:
(c) is corm,'.
(d) all are correct
Answer d
20. Statement 1 A justification for an accumulation of post year with payment date.
Statement 2. A declaration of dividend within a year succeeding year, cannot defeat the
IAET in the year indeed
(a) True, true; (b) False, false: (c) True, false;
Answer. C
26. The East Asia University a stock corporation. a private educational institution recognized by
the Commission on Higher Education of the Philippine Government, is in its tenth year of
operations. It offers primary, secondary, tertiary and post-graduate courses. It had the following
data for 2013:
Tuition fees received P200.000,000
Miscellaneous and other fees received 1,000,000
Gross income from the book store and
tennis in the ground floor of the university
building, net of a 5% withholding tax 950,000
Expenses of operations 100.000.000
Expenditure for building a library
building with an estimated useful life
of fifty (50) years 20,000,000
How much is the income tax still due from the institution if the expenditure for the library
building is treated as an outright deduction
(a) P770,000. (b) P10.160,000. (c) P820:000: (d) P10,110,000.
Answer: a
27. How much is the income tax still due of the institution if the expenditure for
the library is treated as a capital expenditure?
(a) P770,000: (b) P10.160,000, (c) P820,000: (d) P10, 1 10,000
Answer c
29. Corporations exemption from income tax are enumerated under Section 30 of the National
Internal Revenue Code
Statement 1 They are not subject to income tax on income received are incidental to or
necessarily connected with the purposes for which they were organized and are operating
Statement 2. They are subject to income tax on income of whatever kind and character
from any of their properties real or personal or from any activity conducted for profit regardless
of the disposition of such income
(a) True, true: (b) False false (c) True, false: (d) False, true.
Answer: a
30. The Cultural Foundation of the Philippines a non stock corporation, organized and operated
exclusively to preserve.Philippine cultural practices, music, dances, and folk arts, deny ending
mostly from donations, had the following data for year
Donations received from domestic and foreign sources P20 000,000
Interest income from bank deposit
Rent income from real estate received as donation,
net of 5% withholding tax 477550000
Expenses related to its rent income
How much is the income tax expense of the corporation for the year'?
(a) P14,11,000, (b) F 1 ,16,0001 (c) P 152,000
Answer. b
TAXPAYER: PARTNERSHIP, CO-OWNERSHIP,
JOINT VENTURE, ESTATE OR TRUST
1. A general professional partnership is a partnership 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.
A general professional partnership is not subject to income tax, but the individual partners shall
report at the end of the year (together with their personal taxable income) their share in the net
income of the general professional partnership, whether actually received by them or not.
Since the partnership is not subject to tax, the items of income of the partnership, unreduced by
any tax, go into the distributable net income of the partnership.
In determining the net income of the general professional partnership, the rules on determining
the net income (gross income and deductions) of corporations shall apply.
The general professional partnership shall withhold an income tax, at ten percent (10%), (but at
fifteen percent [15%] if the gross income of the partner for the year is P720,000 or more) from
the share of each partner in the net income of the partnership.
How much is the ten percent (10%) withholding income tax on the share100000 either partner in
the distributive net income of the partnership?
(a) P36,000, (b) P35,000; (c) P37 000 (d) P40,000.
Answer: a
6. The YZ & Co. is a general partnership in trade, in its fifth year of operations. In one calendar
year it had a gross profit from sales and business expenses of P2000000 and P1.000,000.
Respectively Y and Z share equally in the profits and losses of the partnership. The income tax
of the partnership is:
(a) P40000, (b) P350,000. (c) P300000; (d) P0.
Answer c
9. A co-ownership in which the activities of the co-owners are merely the preservation of the
property and collection of the income from the property, is not a corporation. It is exempt from
income tax, but the share of each co-owner in the net income of the co-ownership shall be
considered by the co-owner as an item of gross income, to be consolidated with his personal
income.
If the activities of the co-owners no beyond mere preservation of the property and collection of
income from the property (e.g., additional investment), the co-ownership becomes taxable as a
corporation, and a co-owner becomes taxable on his share in the net income after tax (of the
corporation) as if that share is dividend income to him.
10. Messrs. A and B, brothers, inherited an income-producing property. They have their own
separate practice of their profession and their interest on the property is only to preserve the
property and collect the income from the property Mr A, being the elder brother, was in charge
of the property. In a calendar year
Gross income from the property P500,000
Expenses related to the property 100,000
Withholding income tax by the co-ownership10%
Separate data for Mr B.
Gross income from profession,
net of a 10%withholding tax P522,000
Expenses on the practice of profession 150,000
Income tax of the co-ownership?
(a) P120,000: ,v) PO (c) P8,000; (d) P125,000.
Answer: b
13. In 2012, Mr. X and Miss Y inherited income-producing properties from their mother with a
reported value of P1,000,000 to the court and the Bureau of Internal Revenue, and on which the
estate tax was paid. The properties remained registered in the name of the mother, but the net
income of P40,000 from the property was deposited in a joint account of Mr. X and Miss
Y. In 2013, the property had a net income of P70,000, from which each withdrew P15,000. In
the same year, they sold the property for P3.000,000.
Which of the following statements is wrong?
(a) Mr. X and Miss Y in 2012 each had an income of P20,000 from the property, as
individual taxpayers,
(b) Mr. X and Miss Y became an entity taxable as a corporation beginning 2012:
(c) Mr. X and Miss Y in 2013 each had an income of P35,000 from the property, as
individual taxpayers,
(e) Mr. X and Miss Y each had a capital gain tax of on a selling price of P1,500.000.
Answer: b
Co-heirs are covered by the rules on co-ownership as long as there is no additional investment.
Hence, the income of each from the property in 2012 and 2013 is still more participation in a co-
ownership income, and taxed as income of an individual. Mr. X and Mr. Y did not constitute
themselves into a corporation. Hence actual withdrawal of income should not be treated as
dividend But Mr X and Mr. Y are each an owner of a capital asset. The fact
14. (a) A joint venture or consortium undertaking construction project formed for the purpose
of or geothermal
(b) A joint venture for engaging in Petroleum to an operating or and other energy
operations tract with the consortium agreement under a service co venture
Government, is not treated as a corporation. The joint is exempt from income tax.
The parties to the joint venture are separate taxpayers, reporting income from their share in the
joint venture net income. Consortia other than (a) and (b) above are taxable as corporations
and the share of the participants in the consortia net income after the corporate tax shall be
treated as dividend.
15. A Co and 8 Co. are domestic corporations. They formed a consortium and contributed
capital to construct condominium buildings, agreeing to share equally in the net income or net
loss. Sales and rent resulted in a gross income of P70,000,000 and deductions of P30,000,000. A
Co. had its own net income of P2,000,000.
How much is the income tax of A Co.?
17. A Co is an owner of a large tract of land. B Co. is a construction company. A Co. and B Co.
entered into a consortium under which A Co will contribute the land, and B Co will construct
subdivision houses on it A Co. B Co. will divide the property (land and houses) between them. A
Co. and B Co will sell their respective shares in the developed property. Which statement is
wrong?
(a) A Co. and B Co. do not constitute a taxable entity on the project;
(b) A Co. and B Co. are not be taxable on their allocated shares (in land and property) in
the developed property;
(c) A Co and B Co. is one taxable entity on the sale of all land and houses covered by the
consortium agreement,
(d) A Co. and B Co. are taxable on the sale of the A and rouses allocated to them, as
separate taxpayers:
Answer: c
19. The following statements are correct, except one. Which is the exception:
(a) Mr. A died. His estate is under administration (judicial settlement). The estate is a
taxable entity.
(b) Mr. B died leaving an estate. His estate is not under administration, but the property is
cared for by his eldest child. The estate is a taxable entity.
(c) In a taxable estate, the rules to apply on gross income and deductions are the rules for
individuals:
(d) Any distribution of the income to an heir is a deduction for the estate
Answer: b
GROSS INCOME
1. Income is gain. It may be a gain derived from capital, or from labor, or from caritas and labor,
combined, or from a sale or conversion of asset (Revenue Regulation).
Gain from capital should be distinguished from return of capital. Thus, in a sale at P1,000 of an
asset with a cost of P400 on the proceeds, to the extent of P400 there is a ret of capital, and is not
income, and to the extent of P600 there is a gain. The income is P600.
Statutory definition. Gross income means all income from whatever source derived, including
not limited to. The following items: Compensation for personal services in whatever Corm paid,
including but not limited to commissions and similar items, gross income from the conduct of
trade or business or the practice of profession, gains derived from dealings in property, interest,
rents, royalties, divider is annuities, prizes and winnings, pensions, and partner's distributive
share of the net income of a general professional partnership.
Although by statutory definition, a partner's distributive share in the net income of a general
professional partnership gross income, however, Revenue no.2-2010 had classified it into a
special item of gross income. Under the regulation, it is as if already net income because the
partnership had already availed of deductions against it. The partner, can take deductions only
against his other income, and such deductions shall be of the same kind (Optional Standard
Deduction. or Itemized Deductions) as that taken by the partnership
2. As a general rule, income is taxable. It is not taxable if there is a provision of aw that exempts
it from income tax. When an income is not taxable, it is called "exclusion from gross income".
Examples of exclusions from gross income are:
(a) Proceeds of insurance, except circumstances
(b) Gift or inheritance received,
(c) Compensation for in furies or illness, plus any damages received arising from such injuii6s or
illness.
(d) Benefits received from the SSS or GSIS:
(e) Prizes and awards and spoils competitions, under certain conditions:
4. Mr. Monte as injured in a vehicular accident in 2010. He incurred and paid medical expenses
of P20,000 and legal fees of P10,000 during the year. In 2011, he received P70,000 as settlement
from the insurance company which insured the car owned by the other party involved in the
accident. From the above payments and transactions, the amount of taxable income to Mr. Monte
in 2011
6. In a sale at P300,000 and selling expenses of P50.000 of an asset with a cost of P200,000.
(a) The gross income P300,000,
(b) The gross income is 100,000:
(c) The gross income is 50.000,
(d) The net income is P50,000
Answer. c
12. Statement 1. Fringe benefit given to rank-and-file employee. which was not subjected to
the fringe benefit tax, is gross income to the receiving employee
Statement 2. Fringe benefit given to managerial or supervisory employee which was
subjected to the fringe benefit tax, is not gross income to all employee receiving it.
(a) True. true, (b) False, false; (c) True, false; (d) False, True
13. Which statement is wrong? A non-interest-bearing promissory note reef for personal services
rendered:
(a) Will not result on income if received merely as security;
(b) Will result in income if received in payment;
(c) Is considered payment in kind;
(d) Will not be income until collected
Answer. d
15. Which of the following items that reduce salaries of employees is riot an exclusions from
gross income?
(a) GSIS or SSS contributions:
(b) Pagibig contributions,
(c) Labor union dues;
(d) IOU's
Answer: d
16. Selected items of exclusions from gross income (from Section 32 of the National Internal
Revenue Code:
Proceeds of life insurance.-
The proceeds of life insurance paid to the heirs or beneficiaries upon the death of the insured,
whether in a single sum or otherwise, but if such amounts are held by the insurer under an
agreement to pay interest thereon, the interest payments shall be included in gross income.
Retirement benefits, pensions, gratuities, etc. -
Retirement benefits received under Republic Act No. 7641 and those received by officials and
employees of private firms, whether Individual or corporate, in accordance with a reasonable
private benefit plan maintained by the employer, if:
(a) The retirement plan is funded;
(b) The retiring official or employee has been in the service of the same employer for at
least ten (10) years and is not less than fifty(50) years of age;
(c) The benefits granted here shall be availed of by an official or employee only once.
For this purpose, the term "reasonable private benefit plan" means a pension, gratuity, stock
bonus or profit-sharing plan maintained by the employer for the benefit of some or all of his
officials or employees, wherein contribution are made by such employer, or officials and
employees, or both, for the purpose of distributing to such officials and employees the earnings
and principal of the fund thus accumulated, and wherein it is provided in said plan that at no time
shall any part of the corpus or income of the fund be used for, or be diverted to, any purpose
other than for the exclusive benefit of the said official or employees.
20. Mr. Z is the chief accountant of a very successful marketing corporation. At the age of forty-
five years, and having served the company for fifteen years, he retired from the corporation and
received a retirement pay of P1.500,000 from a funded plan registered with the Bureau of
Internal Revenue For making a very significant contribution to the success of the corporation, he
received a gratuity of P1,000,000 `,om the general fund of the corporation.
Statement 1 The retirement pay received is taxable income because he had not yet
reached the age of sixty at the time of retirement.
Statement 2. The gratuity of P1,000,000 is not taxable income because it is a gift
(a) True, true, (b) False, false; (c) True. false, (d) False, true.
Answer a
a. Prize won in an
b. Ten mythicaI team in the PBA;
c. won as member
d. Award rcr being
24. DIVIDEND.
In a taxable cash dividend, the measure of income is the cash received. In a taxable property
dividend, the measure of income is the fair market value of the property received.
A dividend in treasury stock is taxable at its fair market value. Liquidating dividend does not
result in dividend income. It is a sale or exchange of property.
Stock dividend may or may not be taxable.
Fringe benefit is an employee of food,wage or salary. It may be in the form. n kind. benefit
furnishes or granted in cash
The following fringe benefits, among others, are given to supervisory or managerial employees;
(a) Housing;
(b) Expense accounts;
(c) Vehicle of any kind taxable when
(d) Household personnel, such as maid, driver and others;
(e) Interest on loan at less than market rate to difference between the market rate and the the
extent of the
(f) Membership fees, dues and other ex actual rate granted;for the employee or social and
organization; athletics borne by the employer clubs or
(g) Expenses for foreign travel;
(h) Holiday and vacation expenses;
(i) Educational assistance to the employee
(j) Life or health insurance and other
Or other similarhis dependent non-life amounts in excess of what insurance the law allows.
minimis benefits are not taxable premiums or De minimis benefits are privileges arid benefits
offered by the employer to hit employees and relatively small in value and are offered or
furnished by the employer merely as a means of promoting the health, goodwill and contentment,
or efficiency of his employees. They are:
(a) Monetized unused vacation leave credits of private employees not exceeding ton (10) days
during the year;
(b) Monetized value of vacation and sick leave credits paid to government officials and
employees;
(c) Medical cash allowance to dependents of employees not exceeding seven hundred fifty pesos
(P750) per semester, or one hundred twenty five pesos (P125) per month;
(d) Rice subsidy of one thousand five pesos (P1,500) or one (1) sack of
50-kg. rice per month amounting to net more than one thousand five hundred pesos (P1,500);
(e) Uniforms and clothing allowance not exceeding four thousand pesos (P4,000) per annum;
(f) Actual medical assistance, e.g., medical allowance to cover medical and healthcare needs,
annual medical/executive check up, maternity assistance, and routine consultations, not
exceeding ten thousand (P10,000) per annum;
(g) Laundry allowance not exceeding three hundred pesos (P300) per month;
(h) Employee achievement awards, e.g., for length of service, or safety
achievement, which must be in the form of tangible personal property other than cash or gift
certificate, with an annual monetary value not exceeding ten thousand pesos (P10,000) received
by an employee under an established written plan which does not discriminate in favor of highly
paid employees;
(i) Gifts given during Christmas and major anniversary celebrations not exceeding five
thousand pesos (P5,000) per employee;
(j) Daily meal allowance for overtime work not exceeding twenty-five percent (25%) of the
basic minimum wage.
All other benefits given by employers which are not included in the enumeration shall not be
considered "de minimis" benefits (Rev. Reg. No. 5-2011).
"Convenience of the employer rule".
When a fringe benefit is for the convenience or advantage of the employer, hence not for the
benefit of the employee, the employee shall riot recognize an income out of it.
33. Which statement is wrong? The amount on which the fringe benefit tax rate is applied is the
grossed-up monetary value of the fringe benefit.
(a) The deduction from the gross income of the employer for fringe expense is the monetary
value of the fringe benefit:
(b) The total of the deductions from the gross income of the employee from the fringe benefit is
the monetary value of the fringe benefit fringe benefit tax:
(c) The fringe benefit tax is withheld from the employee and gives liability for fringe benefit tax
payable for the employer:
(d) The fringe benefit tax. being income tax, is not deductible by the employer.
Answer: d
34. Statement 1. The fringe benefit tax is deductible from the gross income of t' Employer.
Statement 2. The fringe benefit tax is withheld by the employer
(a) True, true:
(b) False false
(c) True, false;
(d) False true
Answer: a
The two statements are two separate provisions of the Revenue Code. So, who is the taxpayer if
withholding
National Internal Revenue supervisory or managerial employee, is it not the tag tax is required
from the employer is the withholding agent who is r payer of the tax withheld from the taxpayer
is the employee and employee is the taxpayer, then to make books of accounts of the employer
Y would the remittance all the other hand, if the and a fringe benefit tax payable
35. An employer gave fringe benefits 10 Employees from managerial employees to rank-and-file
employees 612,000
36. Refiecard u r the buuks of ii our'iE5 is a fi r ige bee refit expense (of mhri.)
P 100.000 was to rank-and-file employees) of P304,000.
How much is the fringe benefit tax?
Answer: d
(b) If of property connected with trade, business, or profession, arising from fire, storm
shipwreck or other casualty, or from robbery, theft or embezzlement, and for which a declaration
of loss was filed with the Bureau of Internal Revenue within forty-five days from the date the
loss occurred.
A "casualty" is an accident, a mishap or a sudden invasion by a hostile agency, and excludes the
gradual deterioration of property arising out of a steadily operating cause (Examples are:
earthquake and lightning).
In case of total loss, the measure of actual loss is the book value of the asset. In case of partial
loss, the actual loss is the book value of the asset, or the cost to restore the asset to its normal
operating condition, whichever is lower. (Any excess of
38. One of the following is not correct for deductibles of losses
(a) result from fire, storm, of other casualty, robbery, embezzlement;
(b) It must got be compensated by insurance or any form of indemnification
(c) A declaration of loss by casualty should be filed with the Bureau Internal Revenue.
(d) It is of property owned by 'he taxpayer, whether used in business
Answer: d
The toss should arise in the conduct of trade or business, or in the pract:c e c` a profession For an
individual, no loss shall be a:lcwed as deduction from gross income :f such loss had been
claimed as a deduction in an estate `s; return.
Statement 2. If a partial loss due to casualty, the measure of loss is the book value of the
property, or the cost to restore the property to its normal operating condition, whichever is lower,
reduced by any form of indemnity.
(a) True, true, (b) False, false; (c) True, false: (d) False;true
Answer a
Answer. a
Total loss of warehouse
Cost of delivery equipment
Less: Accumulated depreciation
Book vaiue
Less. Insurance recovery
Deduction for total loss
Answer: d
Statutory rules: Net operating loss is the excess of allowable deductions over gross income of the
business or enterprise for any taxable year. Net operating loss, which had not been previously
offset as deduction from gross income, shall be carried over as a deduction from gross income
for the next three (3) consecutive taxable years immediately following the year of such loss.
2010
Gross pi,,-If t , , ,r .a ess
Less. f3us ,ess exp rases
Not income before NOLCO
Less NOLCO from 2008
Net income for the year
2011
Gross profit from business
Less: Business expenses
Net income before NOLCO
Net operating loss from 2008
Net income for the year
2012:
Gross profit from business
Less: Business expenses
Net loss from business
ve ,r
47. A piece of land with a will come only building at a cost of Ic the nano and P1,000,000 for the
building. But It was P4,000 000 nodse the building but to have it razed
To the intention of the make the land available for the construction of its offices. Upon razing the
old building at a cost of P200.000, the corporation shall have a deductible loss of:
(a) P0, (b) P1,000,000. c. P1,200,000; d. P200,000.
Answer a
The total of the expenditure of P5,000,000 shall be considered towards the acquisition of the land
and shall form part of the cost of the land. The building has no book value to the taxpayer.
48. A Co. had investments in shares of stock of B Co. that it acquired at a cost of P20,000. It also
had investments in shares of stock of C Co that it acquired at a cost of P40,000. The value of the
shares of stock of B Co. had decreased to P15,000, while the shares of stock of C Co. are now
worthless, and had to be written off. The deductible loss is:
(a) P45,000: (b) P40,000, (C) P60,000; (d) P 0.
Answer: b
When securities held as capital asset become worthless and are written off, there is a deduction
from the gross income. tt the loss in value of securities is due to market fluctuations only, there is
no deduction from the gross income.
49. Statement 1. Wagering losses are deductible only to the extent of wagering gains.
Statement 2. Capital losses are deductible only to the extent of capital gains.
(a) True, tn*; (b) False, false: (c) True, false: (d) False, true.
Answer: a
Both are existing provisions of lace. (On wagering loss: This is a left-over of the era under the
income tax law when there were items of deductions which were not related to trade or business
[e.g. Casualty loss on property not used in business and tuition fees paid in schools) but which
were deductible from gross income). Wagering gains and losses are gains and losses arising out
of wagering (gambling) transactions.
50. Which of the following losses can be deducted from gross income?
(a) A loss incurred in the conduct of trade or practice of profession;
(b) Wagering loss which may not be connected with trade or practice of
profession:
(c) Capital loss on property not related to trade or practice of profession;
(d) All of the above.
Answer. d
51. Mr. A was a traveling salesman on a salary basis. In the course of his travel, his own car that
he used in traveling* was taken by force by bandits. The bandits had an encounter with the
military, and the battle resulted in the death of the bandits and a total loss of the car. There was
no coverage on the car.
54. Uncollectible accounts shall be deductions from gross income. not in the year that an
estimate is made and a provision for it is made in the books of accounts (with a recording in the
books of "Bad Debts"), but in the year in which the account and in the amount written off from
the books of acco is written o"`
66. Contribution or donation must be deductible from gross income, deductible in full, or subject
to limitation, but in either case, the contribution or donation should be made to a domestic
corporation or association.
Donations given directly to individuals are not deductible.
(See Appendices and Plate 6 for contributions that are fully deductible, and contributions that are
deductible but subject to limitation).
The deduction for contributions and donations subject to limitation shall be at a maximum of five
percent (5%) in the case of a corporation, or ten percent (10%) in the case of an individual, of the
taxpayer's taxable income from business or trade, or the practice of profession, before deducting
such contributions or donations.
(1/2%) of net
(b) In the case of sale of services - one percent (1%) of net revenues.
61. Statement 1 Bad debt is an expense in the books of accounts when provision is
made for it
Statement 2. Bad debt is a deduction from the gross income when account is written off
(a) True, true; (b) False, false; (c) True, false; (d) False, true.
Answer: a
(a) A deduction for bad debt is not available when a provision for it is made
(b) A deduction for bad debt is available only when a write oft is made;
(c) There: is no deduction for bad debt when there is a surety for the debtor against whom
collection may be enforced-
(d) A deduction for uncollectible account is available to a taxpayer whether car fiscal or accrual
method of accounting.
Answer
64. Statement 1. The cost of leasehold improvements shall be deductible by the lessee by
spreading the cost of the improvements over the life of the improvements or remaining term of
the lease, whichever period is shorten
Statement 2. Depreciation expense can be a deduction for both tangible and intangible
property with limited useful life.
(a) True, true; (b) False, false: (c) True, False (d) False, True
Answer: a
69. A Pension plpn was established in 2013 requiring a lump sum payment cbefore the es-
P2,000,000 into the fund to provide for services of employees
tablishment of the plan, and contribution annually of P100,000, begi 2013. The deduction for the
employer in 2013 shall be:
nnn7
(a) P2,100,000; (b) P2,000,000: (c) P100,000; (d) P300,000.
Answer d
The law fixes an arbitrary period of ten years to amortize lump for past service cost.
Answer: b
To the Quiapo Catholic Church P15.000
To the Society for the 81ino, 1-,C 0 0
Total P2
There can be no deduction for contributions and donations given directly to individuals. There
can be no deduction for contributions and donations given to associations which are not
domestic.
With regard to letter (c), the amortization is over a period of not less than sixty months from the
date of receiving benefits from the expenditure
77. The D Co. is a domestic corporation in manufacturing business. It owns the piece of land and
buildings where it conducts manufacturing operations. However, marketing activities are in a
building that it is renting in the shopping center of the metropolis. In a year. data on operations
follow:
Gross profit from sales
Depreciation of buildings - manufacturing (based on cost)
Amortization of patents
Contributions to a pension trust set up during the year.
P20,000,000
200,000
300,000
For present service cost
Provision for bad debts (write off during the year was P60,000)
Research and development costs, with benefits to be received from it beginning the second
semester of the year (to be treated as deferred charges)
Expenditure for leasehold improvements (with useful life of 30 years, and remaining rented
To the government, for a priority)
Building term the lease 1,200,000
To the Quiapo Catholic Church activity in housing
To NGOs organized and operated for company 200,000
Other expenses of operations purpose 5000
Taxable income?
(a) 983.560
(b) P9.347.295,
(c)500,000
(d) P8,378,500.
Answer d
3. Mrs. G received as gift from her mother property purchased ten years ago for
P100,000 At the time of the gift, the property had a fair market value of
P2,000,000. After owning the property for two years, Mrs. G sold them for
P2,500,000. Which of the following statements is correct
4. V inherited a piece of lard from his father (purchased by the father a,when inherited. He
receive transferred this properly to a wholly-owned corporation of P5,000.000 with a fair market
value of P3.000,000 V CoCo andfor it newly issued shares of stocks with a par value of
p4,500.000 market value of P5.000.000 Which of the following is ,.wrong?
(a) The gain to Mr. V on the transfer is P200000 (P5,000,000-P3.000,000)
(b) The gain to v Co on the transfer is P0;
(c) The basis of the shares in the hands of Mr. V is P5, 003,000;
(d) There is no gain from any and all of the transactions.
6. Mr. CA is an art dealer and investor is rations. He had the following transaction in a year share
of stock of domestic cow
(a) Sale of a painting masterpiece with a cost of P500,000 for P2,500,000:
(b) Sale directly to a buyer of shares of stock held as investment with a cost of P150,000
for P320,000;
(c) Sale of a painting with a cost of P100,000 for P200,000 and donation of the proceeds
of the sale to a child.
Which of the following statements is wrong?
(a) The sale of a painting masterpiece is a sale of an ordinary asset;
(b) The sale of shares of stock is a sale of a capital asset;
(c) The sale second painting is a sale of an ordinary asset;
(d) All the gains shall be reported in the income tax return at the end of the year.
Answer: d
The gain on the sale of shares of stock is subject to the capital gain tax, with a capital gain tax
return. The gains on the sales of paintings are ordinary gains and shall be reported in the income
tax return at the end of the year.
39. Mr. U inherited large parcels of raw land. He sold these parcels of land.
Statement 1. The land sold is capital asset;
Statement 2. The land sold is ordinary asset.
(a) True, true: (b) False, true; (c) True, false; (d) False, true"
Answer. C
40. Suppose what was inherited was a subdivision business of real estate, he sold the entire land
to real estate. As he knew nothing about the a person in the business of
Statement 1. The land sold is capital asset;
Statement 2. The land sold is ordinary asset:
(a) True, true, (b) False, true; (c) True false; (d) False, true.
Answer. c
41. Suppose he sold the different lots in the subdivision to different independent interested
parties at different dates and at different prices, in installment.
Statement 1 The land sold is capital asset
Statement 2. The land sold is ordinary asset
Answer d
When Mr. U sold the subdivision to a- real estate businessman, as he knew nothing about the
business of real estate, he did not sell property used in business He only wanted to dispose of an
inherited property - convert the land into cash - a single transaction, which does not constitute
the business of* selling land.
10. In the installment method of reporting income if the property is a mortgage which is assumed
by the buyer, and such mortgage does not exceed the cost of the 'seller: Gross profit (divided by)
Contract Pry(multiplied by) Installment payments received during the year equals income for the
year. Which of the following statements is not true-
(a) Selling price is the contract price;
(b) Selling price less mortgage assumed by the buyer is the conic ac;
(c) Initial payments consist of all payments received in the year of saie
(d) Initial payments will not consider the mortgage assumed by the b uye;
Answer. a
12. In installment method of reporting income, if the property sold is subject to a mortgage
which is assumed by the buyer and such mortgage exceeds the cost of the seller Gross profit
(divided) by Contract Pace, (multiplied by)
Installment payments received during the year (equals) Gross income for the year Which of the
following statements is not true?
(a) Selling price, less mortgage assumed by the buyer is the,cont'act pace
(b) Selling price, less mortgage assumed by the buyer add the excess of mortgage assumed by
the buyer over the cost of the seller, is the contract price.
(c) Initial, payments consist of all payments received in the year of sale, plus the excess of the
mortgage assumed by the buyer over the cost to the seller,
(d) In the year of sale Gross profit, divided by the contract price, is multiplied by the initial
payments.
Answer a
13. The Ganda Co . a resident corporation, sold its land and building that houses its offices for
P10.000,000 It had a book value of P4,000,000. P3yrnents on the selling price were Assumption
of a mortgage on the property of P5,000,000; Cash on the date of sale in December, 2012,
1,000.000, and cash of P1.000.000 every six months thereafter
The gross income to report on the installment method in 2013 is
(a) P4,000,000, (b) P3,000.000; (c) P6,000,000, (d) P2.000,000
Answer. d