Description: (Return To Index)
Description: (Return To Index)
Description: (Return To Index)
Income Tax is a tax on a person's income, emoluments, profits arising from property,
practice of profession, conduct of trade or business or on the pertinent items of gross
income specified in the Tax Code of 1997 (Tax Code), as amended, less the deductions
and/or personal and additional exemptions, if any, authorized for such types of income,
by the Tax Code, as amended, or other special laws.
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Individuals
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Annual Income Tax For Individuals Earning Purely Compensation Income
(Including Non-Business/Non-Profession Related Income) and For Marginal
Income Earners
Tax Form
BIR Form 1700 - Annual Income Tax Return (For Individual Earning Purely
Compensation Income Including Non-Business/Non-Profession Related Income)
Documentary Requirements
5. Income Tax Return previously filed and proof of payment, if filing an amended return
for the same taxable year
Procedures
• Proceed to the nearest Authorized Agent Bank (AAB) of the Revenue District Office
where you are registered and present the duly accomplished BIR Form 1700, together
with the required attachments and your payment.
• In places where there are no AABs, proceed to the Revenue Collection Officer or duly
Authorized City or Municipal Treasurer located within the Revenue District Office where
you are registered and present the duly accomplished BIR Form 1700, together with the
required attachments and your payment.
• Receive your copy of the duly stamped and validated form from the teller of the
AABs/Revenue Collection Officer/duly Authorized City or Municipal Treasurer.
3. For "No Payment" Returns including refundable returns, and for tax returns qualified
for second installment:
• Proceed to the Revenue District Office where you are registered or to any Tax Filing
Center established by the BIR and present the duly accomplished BIR Form 1700,
together with the required attachments.
• Receive your copy of the duly stamped and validated form from the RDO/Tax Filing
Center representative.
Deadline
On or before the 15th day of April of each year covering taxable income for the
preceding taxable year
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Annual Income Tax For Self-Employed Individuals, Estates And Trusts (Including
Those With Mixed Income,i.e., Compensation Income and Income from Business
and/or Practice of Profession )
Tax Form
BIR Form 1701 - Annual Income Tax Return (For Self-Employed Individuals, Estates
and Trusts Including Those With Both Business and Compensation Income)
Documentary Requirements
1. Certificate of Income Tax Withheld on Compensation (BIR Form 2316), if applicable
2. Certificate of Income Payments not Subjected to Withholding Tax (BIR Form 2304) if
applicable
3. Certificate of Creditable Tax Withheld at Source (BIR Form 2307), if applicable
7. Income Tax Return previously filed and proof of payment, if filing an amended return
for the same year
8. Account Information Form (AIF) or the Certificate of the independent CPA with
Audited Financial Statements if the gross quarterly sales, earnings, receipts or output
exceed P 150,000.00
Procedures
1. Fill-up BIR Form 1701 in triplicate copies.
• Proceed to the nearest Authorized Agent Bank (AAB) of the Revenue District Office
where you are registered and present the duly accomplished BIR Form 1701, together
with the required attachments and your payment.
• In places where there are no AABs, proceed to the Revenue Collection Officer or duly
Authorized City or Municipal Treasurer located within the Revenue District Office where
you are registered and present the duly accomplished BIR Form 1701, together with the
required attachments and your payment.
• Receive your copy of the duly stamped and validated form from the teller of the
AABs/Revenue Collection Officer/duly Authorized City or Municipal Treasurer
3. For "No Payment" including refundable/ creditable returns, returns with excess tax
credit carry over, and returns qualified for second installment:
• Proceed to the Revenue District Office where you are registered or to any established
Tax Filing Centers established by the BIR and present the duly accomplished BIR Form
1701, together with the required attachments.
• Receive your copy of the duly stamped and validated form from the RDO/Tax Filing
Center representative.
Deadline
Final Adjustment Return or Annual Income Tax Return - On or before the 15th day of
April of each year covering income for the preceding year
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Tax Form
BIR Form 1701 AIF - Account Information Form For Self-Employed Individuals, Estates
and Trusts (Including those with Mixed Income, i.e., Compensation Income and Income
from Business and/or Practice of Profession) and Estates and Trusts (Engaged in Trade
or Business)
NOTE: Pursuant to Revenue Memorandum Circular No. 6 – 2001, corporations,
companies or persons whose gross quarterly sales, earnings, receipts or output exceed
P 150,000.00 may not accomplish this form. In lieu thereof, they may file their annual
income tax returns accompanied by balance sheets, profit and loss statement,
schedules listing income-producing properties and the corresponding income therefrom,
and other relevant statements duly certified by an independent CPA.
Documentary Requirements
None
Procedures
Deadline
Same deadline as BIR Form 1701 - On or before the 15th day of April of each year
covering taxable income for the preceding year
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Tax Form
BIR Form 1701Q - Quarterly Income Tax Return For Self-Employed Individuals, Estates
and Trusts (Including those with both Business and Compensation Income)
Documentary Requirements
2. Certificate of Income Payments not Subjected to Withholding Tax (BIR Form 2304) if
applicable
4. Previously filed return, if an amended return is filed for the same quarter
Procedures
2. If there is payment:
• Proceed to the nearest Authorized Agent Bank (AAB) of the Revenue District Office
where you registered and present the duly accomplished BIR Form 1701 Q, together
with the required attachments and your payment.
• In places where there are no AABs, proceed to the Revenue Collection Officer or duly
Authorized City or Municipal Treasurer located within the Revenue District Office where
you are registered and present the duly accomplished BIR Form 1701Q, together with
the required attachments and your payment.
• Receive your copy of the duly stamped and validated form from the teller of the
AABs/Revenue Collection Officer/duly Authorized City or Municipal Treasurer.
3. For "No Payment" Returns including refundable/ creditable returns with excess tax
credit carry over and returns qualified for second installment:
• Proceed to the Revenue District Office where you are registered or to any Tax Filing
Center established by the BIR and present the duly accomplished BIR Form 1701Q,
together with the required attachments.
• Receive your copy of the duly stamped and validated form from the RDO/Tax Filing
Center representative.
Deadlines
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Tax Form
BIR Form 1702 - Annual Income Tax Return (For Corporations and Partnerships)
Documentary Requirements
1. Certificate of Income Payments not Subjected to Withholding Tax (BIR Form 2304),
if applicable
2. Certificate of Creditable Tax Withheld at Source (BIR Form 2307), if applicable
5. Income tax return previously filed and proof of payment, if amended return is filed for
the same taxable year
6. Account Information Form (AIF) and/or the Certificate of the independent CPA with
Audited Financial Statements, if the gross quarterly sales, earnings, receipts or output
exceed P150,000.00
Procedures
• Proceed to the nearest Authorized Agent Bank (AAB) of the Revenue District Office
where you are registered and present the duly accomplished BIR Form 1702, together
with the required attachments and your payment.
• In places where there are no AABs, proceed to the Revenue Collection Officer or duly
Authorized City or Municipal Treasurer located within the Revenue District Office where
you are registered and present the duly accomplished BIR Form 1702 with the required
attachments and your payments.
• Receive your copy of the duly stamped and validated form from the teller of the
AABs/Revenue Collection Officer/duly Authorized City or Municipal Treasurer.
3. For "No Payment" Returns including refundable/ creditable returns and returns with
excess tax credit carry over:
• Proceed to the Revenue District Office where you are registered or to any Tax Filing
Center established by BIR and present the duly accomplished BIR Form 1702, together
with the required attachments.
• Receive your copy of the duly stamped and validated form from the RDO/Tax Filing
Center representative
Deadline
Final Adjustment Return or Annual Income Tax Return - On or before the 15th day of
the fourth month following the close of the taxpayer’s taxable year
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Tax Form
BIR Form 1702 AIF - Account Information Form (For Corporations and Partnerships)
Documentary Requirements
None
Procedures
Deadline
Same deadline as BIR Form 1702 - On or before the 15th day of the fourth month
following the close of the taxpayer’s taxable year
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BIR Form 1702 Q - Quarterly Income Tax Return (For Corporations and Partnerships)
Documentary Requirements
2. Certificate of Income Payments not Subjected to Withholding Tax (BIR Form 2304), if
applicable
4. Previously filed return, if an amended return is filed for the same quarter
Procedures
2. If there is payment:
• Proceed to the nearest Authorized Agent Bank (AAB) of the Revenue District Office
where you are registered and present the duly accomplished BIR Form 1702 Q,
together with the required attachments and your payment.
• In places where there are no AABs, proceed to the Revenue Collection Officer or duly
Authorized City or Municipal Treasurer located within the Revenue District Office where
you are registered and present the duly accomplished BIR Form 1702 Q.
• Receive your copy of the duly stamped and validated form from the teller of the
AABs/Revenue Collection Officer/duly Authorized City or Municipal Treasurer.
3. For Refundable Returns and for those returns with second installment:
• Proceed to the Revenue District Office where you are registered and present the duly
accomplished BIR Form 1702 Q, together with the required attachments.
• Receive your copy of the duly stamped and validated form from the RDO
representative.
Deadline
Corporate Quarterly Declaration or Quarterly Income Tax Return - On or before the 60th
day following the close of each of the quarters of the taxable year
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Improperly Accumulated Earnings Tax For Corporations
Tax Form
BIR Form 1704 - Improperly Accumulated Earnings Tax Return (For Corporations)
Documentary Requirements
1. Photocopy of Annual Income Tax Return (BIR Form 1702) with Audited Financial
Statements and/or Account Information Form of the covered taxable year duly received
by the BIR; and
2. Sworn declaration as to dividends declared taken from the covered year's earnings
and the corresponding tax withheld, if any
Procedures
2. If there is payment:
• Proceed to the nearest Authorized Agent Bank (AAB) of the Revenue District Office
where you are registered and present the duly accomplished BIR Form 1704, together
with the required attachments and your payment.
• In places where there are no AABs, proceed to the Revenue Collection Officer or duly
Authorized City or Municipal Treasurer located within the Revenue District Office where
you are registered and present the duly accomplished BIR Form 1704
• Receive your copy of the duly stamped and validated form from the teller of the
AABs/Revenue Collection Officer/duly Authorized City or Municipal Treasurer.
• Proceed to the Revenue District Office where you are registered and present the duly
accomplished BIR Form 1704, together with the required attachments.
• Receive your copy of the duly stamped and validated form from the RDO
representative
Deadline
Within fifteen (15) days after the close of the taxable year
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Sec. 55. Returns of General Professional Partnership (Tax Code of 1997, as amended)
Every general professional partnership shall file, in duplicate, a return of its income,
except income exempt under Section 32 (B) of this Title, setting forth the items of gross
income and of deductions allowed by this Title, and the names, Taxpayer Identification
Numbers (TIN),addresses and shares of each of the partners.
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Tax Rate
Note: When the tax due exceeds P2,000.00, the taxpayer may elect to pay in two equal
installments, the first installment to be paid at the time the return is filed and the second
installment 15 of the same year at on or before July the Authorized Agent Bank (AAB)
within the jurisdiction of the Revenue District Office (RDO) where the taxpayer is
registered.
Passive Income
1. Interest from currency deposits, trust funds and deposit substitutes 20%
2. Royalties (on books as well as literary & musical composition) 10%
- In general 20%
3. Prizes (P10,000 or less ) 5%
- In excess of P10,000 20%
4. Winnings (except from PCSO and lotto) 20%
5. Interest Income of Foreign Currency Deposit 7.5%
6. Cash and Property Dividends
- To individuals from Domestic Corporations 10 %
- To Domestic Corporations from Another Domestic Corporations 0%
7. On capital gains presumed to have been realized from sale, exchange or
6%
other disposition of real property (capital asset)
8. On capital gains for shares of stock not traded in the stock exchange
- Not over P100,000 5%
- Any amount in excess of P100,000 10%
9. Interest Income from long-term deposit or investment in the form of savings,
common or individual trust funds, deposit substitutes, investment management
accounts and other investments evidenced by certificates
Upon pretermination before the fifth year , there should be imposed on the entire Exempt
income from the proceeds of the long-term deposit based on the remaining
maturity thereof:
Holding Period
- Four (4) years to less than five (5) years 5%
- Three (3) years to less than four (4) years 12%
- Less than three (3) years 20%
1. Interest from currency deposits, trust funds and deposit substitutes 20%
2. Interest Income from long-term deposit or investment in the form of savings,
common or individual trust funds, deposit substitutes, investment management
accounts and other investments evidenced by certificatesUpon pretermination
Exempt
before the fifth year, there should be imposed on the entire income from the
proceeds of the long-term deposit based on the remaining maturity
thereof:Holding Period:
-Four (4) years to less than five (5) years 5%
-Three (3) years to less than four (4) years 12%
-Less than three (3) years 20%
3. On capital gains presumed to have been realized from the sale, exchange or
6%
other disposition of real property
4. On capital gains for shares of stock not traded in the Stock Exchange
- Not over P100,000 5%
- Any amount in excess of P100,000 10%
1. On the gross amount of income derived from all sources within the Philippines 25%
2. On capital gains presumed to have been realized from the exchange or other
6%
disposition of real property located in the Phils.
3. On capital gains for shares of stock not traded in the Stock Exchange
- Not Over P100,000 5%
- Any amount in excess of P100,000 10%
F) Domestic Corporations
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RR No. 4-95, RR No. 4-96, RR No. 5-97, RR No. 1-98, RA 9337, RR 14-2002, RR 12-
2007
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Codal Reference
Sections 23-59, 67-73 and 74-77 of the National Internal Revenue Code
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1) What is income?
Income means all wealth, which flows into the taxpayer other than as a mere return of
capital.
Taxable income means the pertinent items of gross income specified in the Tax Code
as amended, less the deductions and/or personal and additional exemptions, if any,
authorized for such types of income, by the Tax Code or other special laws.
Compensation for services, in whatever form paid, including but not limited to
fees, salaries, wages, commissions and similar item
Gross income derived from the conduct of trade or business or the exercise of
profession
Gains derived from dealings in property
Interest
Rents
Royalties
Dividends
Annuities
Prizes and winnings
Pensions
Partner's distributive share from the net income of the general professional
partnerships
o income derived by foreign government
o income derived by the government or its political subdivision
o prizes and awards in sport competition
o prizes and awards which met the conditions set in the Tax Code
o 13th month pay and other benefits
o GSIS, SSS, Medicare and other contributions
o gain from the sale of bonds, debentures or other certificate of indebtedness
o gain from redemption of shares in mutual fund
Except for taxpayers earning compensation income arising from personal services
rendered under an employer-employee relationships where the only deduction provided
that the gross family income does not exceed P250,000 per family is the premium
payment on health and/or hospitalization insurance, a taxpayer may opt to avail any of
the following allowable deductions from gross income:
a)Optional Standard Deduction - an amount not exceeding 40% of the net sales for
individuals and gross income for corporations; or
Expenses
Interest
Taxes
Losses
Bad Debts
Depreciation
Depletion of Oil and Gas Wells and Mines
Charitable Contributions and Other Contributions
Research and Development
Pension Trusts
In addition, individuals who are either earning compensation income, engaged in
business or deriving income from the practice of profession are entitled to personal and
additional exemptions as follows:
Personal Exemptions:
For single individual or married individual judicially decreed as legally separated with no
qualified dependents………………………………………P 50,000.00
Note: In case of married individuals where only one of the spouses is deriving gross
income, only such spouse will be allowed to claim the personal exemption.
Additional Exemptions:
For each qualified dependent, an P25,000 additional exemption can be claimed
but only up to 4 qualified dependents
The husband who is deemed the head of the family unless he explicitly waives his
right in favor of his wife
The spouse who has custody of the child or children in case of legally separated
spouses. Provided, that the total amount of additional exemptions that may be
claimed by both shall not exceed the maximum additional exemptions allowed by
the Tax Code.
The individuals considered as Head of the Family supporting a qualified
dependent
Family gross income yearly should not be more than P 250,000
For married individuals, the spouse claiming the additional exemptions for the
qualified dependents shall be entitled to this deduction
Individuals
Resident citizens receiving income from sources within or outside the Philippines
o employees deriving purely compensation income from 2 or more employers,
concurrently or successively at anytime during the taxable year
o employees deriving purely compensation income regardless of the amount,
whether from a single or several employers during the calendar year, the
income tax of which has not been withheld correctly (i.e. tax due is not equal
to the tax withheld) resulting to collectible or refundable return
o self-employed individuals receiving income from the conduct of trade or
business and/or practice of profession
o individuals deriving mixed income, i.e., compensation income and income
from the conduct of trade or business and/or practice of profession
o individuals deriving other non-business, non-professional related income in
addition to compensation income not otherwise subject to a final tax
o individuals receiving purely compensation income from a single employer,
although the income of which has been correctly withheld, but whose spouse
is not entitled to substituted filing
o marginal income earners
Non-resident citizens receiving income from sources within the Philippines
Aliens, whether resident or not, receiving income from sources within the
Philippines
Corporations no matter how created or organized including partnerships
o domestic corporations receiving income from sources within and outside the
Philippines
o foreign corporations receiving income from sources within the Philippines
o taxable partnerships
Estates and trusts engaged in trade or business
b. An individual whose gross income does not exceed his total personal and additional
exemptions
c. An individual whose compensation income derived from one employer does not
exceed P 60,000 and the income tax on which has been correctly withheld
d. An individual whose income has been subjected to final withholding tax (alien
employee as well as Filipino employee occupying the same position as that of the alien
employee of regional headquarters and regional operating headquarters of multinational
companies, petroleum service contractors and sub-contractors and offshore-banking
units, non-resident aliens not engaged in trade or business)
e. Those who are qualified under “substituted filing”. However, substituted filing applies
only if all of the following requirements are present :
the employee received purely compensation income (regardless of amount) during
the taxable year
the employee received the income from only one employer in the Philippines
during the taxable year
the amount of tax due from the employee at the end of the year equals the amount
of tax withheld by the employer
the employee’s spouse also complies with all 3 conditions stated above
the employer files the annual information return (BIR Form No. 1604-CF)
the employer issues BIR Form No. 2316 (Oct 2002 ENCS version ) to each
employee.
b) 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
c) 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
d) A citizen who has been previously considered as a non-resident citizen and who
arrives in the Philippines at any time during the year to reside permanently in the
Philippines will likewise be treated as a non-resident citizen during 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.
An individual citizen of the Philippines who is working and deriving income from abroad
as an overseas Filipino worker is taxable only on income from sources within the
Philippines; provided, that a seaman who is a citizen of the Philippines and who
receives compensation for services rendered abroad as a member of the complement
of a vessel engaged exclusively in international trade will be treated as an overseas
Filipino worker.
10) What are the procedures in filing Income Tax returns (ITRs)?
For “with payment” ITRs (BIR Form Nos. 1700 / 1701 / 1701Q / 1702 / 1702Q /
1704)
File the return in triplicate (two copies for the BIR and one copy for the taxpayer) with
the Authorized Agent Bank (AAB) of the place where taxpayer is registered or required
to be registered. In places where there are no AABs, the return will be filed directly with
the Revenue Collection Officer or duly Authorized Treasurer of the city or municipality in
which such person has his legal residence or principal place of business in the
Philippines, or if there is none, filing of the return will be at the Office of the
Commissioner.
File the return with the concerned Revenue District Office (RDO) where the taxpayer is
registered. However, "no payment" returns filed late shall be accepted by the RDO but
instead shall be filed with an Authorized Agent Bank (AAB) or Collection
Officer/Deputized Municipal Treasurer (in places where there are no AABs), for
payment of necessary penalties.
11) How is Income Tax payable of individuals (resident citizens and non-resident
citizens)computed?
o
o
o Generally 10% or 15% if the gross annual business or professional income
exceeds P720,000 per year
o 20% - Fees paid to directors who are not employees and 20% of
professional fees paid to non-individuals
o Other withholding tax rates
Pay the balance as you file the tax return, computed as follows:
13) Is the Minimum Corporate Income Tax (MCIT) an addition to the regular or normal
income tax?
No, the MCIT is not an additional tax. An MCIT of 2% of the gross income as of the end
of taxable year (whether calendar or fiscal year, depending on the accounting period
employed) is imposed on a corporation taxable under Title II of the Tax Code, as
amended, beginning on the 4th taxable year immediately following the taxable year in
which such corporation commenced its business operations when the MCIT is greater
than the regular income tax. The MCIT is compared with the regular income tax, which
is due from a corporation. If the regular income is higher than the MCIT, then the
corporation does not pay the MCIT but the amount of the regular income tax.
Notwithstanding the above provision, however, the computation and the payment of
MCIT, shall likewise apply at the time of filing the quarterly corporate income tax as
prescribed under Section 75 and Section 77 of the Tax Code, as amended. Thus, in the
computation of the tax due for the taxable quarter, if the computed quarterly MCIT is
higher than that quarterly normal income tax, the tax due to be paid for such taxable
quarter at the time of filing the quarterly income tax return shall be the MCIT which is
two percent (2%) of the gross income as of the end of the taxable quarter. In the
payment of said quarterly MCIT, excess MCIT from the previous taxable year/s shall not
be allowed to be credited. Expanded withholding tax, quarterly corporate income tax
payments under the normal income tax, and the MCIT paid in the previous taxable
quarter/s are allowed to be applied against the quarterly MCIT due.
For corporations whose operations or activities are partly covered by the regular income
tax and partly covered by the preferential rate under special law, the MCIT shall apply
on operations by the regular income tax rate. Newly established corporations or firms
which are on their first 3 years of operations are not covered by the MCIT.
A corporation starts to be covered by the MCIT on the 4th year of its business
operations. The period of reckoning which is the start of its business operations is the
year when the corporation was registered with the BIR. This rule will apply regardless of
whether the corporation is using the calendar year or fiscal year as its taxable year.
The MCIT is paid on an annual basis and quarterly basis. The rules are governed by
Revenue Regulations No. 12-2007.
The MCIT is 2% of the gross income of the corporation at the end of the year.
“Gross income” means gross sales less sales returns, discounts and cost of goods sold.
Passive income, which have been subject to a final tax at source do not form part of
gross income for purposes of the MCIT.
Cost of goods sold includes all business expenses directly incurred to produce the
merchandise to bring them to their present location and use.
For trading or merchandising concern, cost of goods sold means the invoice cost of
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 means 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.
For sale of services, gross income means gross receipts less sales returns, allowances,
discounts and cost of services which cover all direct costs and expenses necessarily
incurred to provide the services required by the customers and clients including:
o
Salaries and employees benefits of personnel, consultants and specialists directly
rendering the service;
Cost of facilities directly utilized in providing the service such as depreciation or
rental of equipment used;
Cost of supplies
Interest Expense is not included as part of cost of service, except in the case of banks
and other financial institutions.
“Gross Receipts” means amounts actually or constructively received during the taxable
year. However, for taxpayers employing the accrual basis of accounting, it means
amounts earned as gross income.
Any excess of the MCIT over the normal income tax may be carried forward on an
annual basis and be credited against the normal income tax for 3 immediately
succeeding taxable years.
Any amount paid as excess minimum corporate income tax should be recorded in the
corporation’s books as an asset under account title “Deferred charges-MCIT”
There is no prescription period for amending the return. When the taxpayer has been
issued a Letter of Authority, he can no longer amend the return.
No, pursuant to Revenue Regulations 2-94, the benefactor of a senior citizen cannot
claim the additional exemption.
A tax treaty formally known as convention or agreement for the avoidance of double
taxation and the prevention of fiscal evasion with respect to taxes on income (and on
capital) could be defined in terms of its purpose. First, a tax treaty is intended to
promote international trade and investment in several ways, the most important of which
is by allocating taxing jurisdiction between the Contracting States so as to eliminate or
mitigate double taxation of income. Second, a tax treaty is intended to permit the
Contracting States to better enforce their domestic laws so as to reduce tax evasion.
These purposes are in fact incorporated in the title and the preamble.
23) What are the effective Philippine tax treaties?
The Philippines has thirty-seven (37) effective tax treaties. The following tax treaties
and their dates of effectivity as as follows:
24) What office can we inquire about the said tax treaties?
Income taxes imposed by the domestic laws of the Contracting States, including
substantially similar taxes that may be imposed later, in addition to, or in place, are
covered by the tax treaties. In the Philippines, this is generally limited to Title II (Tax on
Income) of the National Internal Revenue Code of 1997, as amended.
The business profits of a resident of a Contracting State shall not be taxable in the
Philippines unless that enterprise of a resident of a Contracting State carries on
business in the Philippines through a permanent establishment.
27) What is the concept of permanent establishment (PE) as used in tax treaties?
PE is defined as a fixed place of business through which the business of the enterprise
is wholly or partly carried on. The concept of permanent establishment is used to
determine the rights of a Contracting State to tax the business profits of enterprises of
the other Contracting State. Under this concept, profits of an enterprise of a Contracting
State are not taxable by the other Contracting State, unless the enterprise carries on
business through a permanent establishment situated in the other Contracting State.
The appearance of the MFN clause in the tax treaty means that a Contracting State will
grant to a resident of the other Contracting State the same lower rate of tax or
exemption the former has granted to a resident of a third State.
Income from an immovable property is taxable in the Contracting State where the
property is situated. This term is generally defined under the domestic laws of the
Contracting States. However, this is further defined in the tax treaties.
30) How are capital gains taxed under our tax treaties?
Gains from the alienation of immovable property or movable property forming part of the
business property of a permanent establishment or pertaining to a fixed base are taxed
in the Philippines if the immovable property or permanent establishment or fixed base is
located here.