Tax - Percentage Tax Problems
Tax - Percentage Tax Problems
Tax - Percentage Tax Problems
International Operations
Types of carriers Domestic Operation Outgoing Incoming
Domestic carrier 12% VAT 0% VAT Exempt
International carriers
-Passengers n/a Exempt Exempt
-Goods, mails or cargoes n/a 3% OPT Exempt
Quarterly Monthly
Jeepney for hire:
Manila and other cities 2,400 800
Provincial 1,200 400
Public Utility Bus:
Not exceeding passengers 3,600 1,200
Exceeding 30 but not 50 6,000 2,000
Exceeding 50 passengers 7,200 2,400
Taxis:
Manila and other cities 3,600 1,200
Provincial 2,400 800
Car for hire:
With chauffeur 3,000 1,000
Without chauffeur 1,800 600
Places of boxing exhibitions 10%
Places of professional basketball games 15%
Cockpits, cabarets, night or day clubs 18%
Jai-alai and race tracks 30%
International Operations
Types of carriers Domestic Operation Outgoing Incoming
Domestic carriers 12% VAT 0% VAT Exempt
International carriers
Passengers N/A Exempt Exempt
Goods, mails or cargoes N/A 3% OPT Exempt
Quarterly Monthly
Jeepney for hire:
Manila and other cities 2,400 800
Provincial 1,200 400
Public Utility Bus:
Not exceeding passengers 3,600 1,200
Exceeding 30 but not 50 6,000 2,000
Exceeding 50 passengers 7,200 2,400
Taxis:
Manila and other cities 3,600 1,200
Provincial 2,400 800
Car for hire:
With chauffeur 3,000 1,000
Without chauffeur 1,800 600
Places of boxing exhibitions 10%
Places of professional basketball games 15%
Cockpits, cabarets, night or day clubs 18%
Jai-alai and race tracks 30%
Dividends 50,000 0% -
The monthly gross receipt tax on the interest income on this loan shall be:
January February March April
Interest income 20,000 20,000 20,000 20,000
Gross receipt tax rate 1% 1% 5% 5%
Gross receipt tax 200 200 1,000 1,000
1,400.00
Illustration 3
The United Kalinga Unibank received a total of 8,000,000 interest income from short term deposits with other banks during the month.
The interest was net of 20% final income tax. Gross Interest 10,000,000
Final Tax 2,000,000 20%
Gross receipts (8,000,000 / 80%) 10,000,000 grossed-up since net of final tax Net Interest 8,000,000 80%
Multiply by: 7%
Gross receipt tax 700,000 8,000,000 / 80%
Gross x % tax
NET TRADING
Illustration 1:
A bank had the following income respectively in April 2016 and May 2016:
April 2016 May 2016 Same year
Interest income from short-term loans 100,000 100,000 5%
Rentals 50,000 50,000 7%
Net trading (loss) gain - 10,000 20,000 7%
NTL NTG
(CV x ER 8%)
Date Beg Bal Int. Income Collection Principal Reduction End Bal
Feb 1, 2019 257,710 257,710 PV
Mar 1, 2019 257,710 20,617 100,000 79,383 178,327
Apr 1, 2019 178,327 14,266 100,000 85,734 92,593
May 1, 2019 92,593 7,407 100,000 92,593 0
42,290
Answer:
The 50,000 monthly rental shall be included in the monthly gross receipts for purposes of the gross receipt tax.
This 50,000 monthly rental is purely an income.
PRE-TERMINATION
Illustration
On January 1, 2015, Pinoy Bank loaned 1,000,000 to a client payable within 10 years. (LT - 1%)
The loan pays 10% interest payable every December 31 with the first interest payment due December 31, 2015. (Interest Income)
Legend:
On June 30, 2021, the client pre-terminated the loan by repaying the principal in full. (preterminated at 6.5 years) ST 5%
LT 1%
The following are the interest income and the gross receipt taxes paid since the origination of the loan:
Remaining
Year Interest Tax rate Amount following the original due date
maturity
2015 9 years 100,000 1% 1,000 LT
2016 8 years 100,000 1% 1,000 LT
2017 7 years 100,000 1% 1,000 LT
2018 6 years 100,000 1% 1,000 LT
2019 5 years 100,000 5% 5,000 ST
2020 4 years 100,000 5% 5,000 ST
Total: 14,000
Remaining
Year Interest Tax rate Amount due date as if June 30, 2021
maturity
2015 5.5 years 100,000 1% 1,000 LT
2016 4.5 years 100,000 5% 5,000 ST
2017 3.5 years 100,000 5% 5,000 ST
2018 2.5 years 100,000 5% 5,000 ST
2019 1.5 years 100,000 5% 5,000 ST
2020 < 1 year 100,000 5% 5,000 ST
2021 none 50,000 5% 2,500 ST
Total gross receipt tax 28,500
Less: Gross receipt tax previously reported and paid 14,000
Gross receipt tax due as recomputed 14,500
FLIGHTS
Illustration:
20% of the outgoing flight was billed abroad while 40% of the incoming freight
was billed in the Philippines. (irrelevant - the place of billing is ignored)
Note:
* 50,000 from cargoes are subject to VAT
* 20,000 is subject to local contractors' tax
Assuming Cendong is a non-VAT registered, his percentage tax due shall be:
North Dome, Inc. operates a coliseum which caters to various athletic and artistic competitions or events.
During the quarter, North Dome, Inc. reported receipts from the following events:
Professional non-titled boxing bouts 200,000 10% Places of boxing exhibitions 10%
Philippine Championship boxing bouts 300,000 10% Places of professional basketball games 15%
Professional basketball games 400,000 15% Cockpits, cabarets, night or day clubs 18%
Amateur basketball games 500,000 Jai-alai and race tracks 30%
Concert of various musical artists 400,000
Total receipts 1,800,000
Illustration 2: Cabaret
Jake is an operator of a disco (cabaret) and bowling alleys.
During a particular quarter, it reported the following:
Illustration 4: Cockpit
Pegasus Sports Complex, a cockpit operated Mr. Ken Chi, had the
following receipts during the quarter:
Illustration 5:
Assume that the restaurant in Illustration 4 is operated by Mrs. Tinola Kasador, a non-VAT taxpayer.
GPT VAT, 3%
SPT BICAPFLOW
STT
Illustration:
Orion Securities effected the sale of the following stocks during a trading day:
Directly to buyer:
Common stocks Client 800,000 500,000 15% CGT
Preferred stocks Orion Securities 2,000,000 2,100,000 15% CGT
Directly to Buyer
Non-dealer CGT 15% CGT
Dealer RIT RIT on the gain on sale
IPO
Illustration 1:
Queen Corporation is owned by the following shareholders: Proportion of shares sold, barterd or exchanged Tax rate
Up to 25% 4%
Mr. Almanac 25,000 shares Over 25% but not over 33 1/3% 2%
Mr. Boar 20,000 shares (for sale 15,000 shares during IPO) - secondary Over 33 1/3% 1%
Mrs. Cat 40,000 shares
Ms. Donkey 10,000 shares Sales made by Before IPO During IPO After IPO
Mr. Eagle 5,000 shares Corporate issuer No tax IPO as primary offer No tax
Total shares 100,000 shares Shareholder investor CGT IPO as secondary offer Stock transaction tax
Queen Corporation conducted an IPO involving 40,000 unissued shares to be sold to the public at P5 per share. Primary
Mr Boar decided to sell 15,000 of his shares to the public during the IPO at P5 per share. Secondary
b. Secondary offer percentage = 15,000 / 100,000 = 15% equivalent to 4% IPO tax Formula: Secondary / Outstanding before IPO
Illustration 2:
Assuming further that the IPO, Queen Corporation conducted another block sale of 50,000 of its shares for P5 per share. 1st - IPO tax - 4% / 2% / 1%
Ms. Donkey also sold her 10,000 shares after the IPO per P6 per share. 2nd - STT - 60% of 1%
Answer:
The subsequent sale by Queen Corporation after the IPO is called a "follow through offering."
This is no longer subject to the IPO tax since the tax applies only to the initial listing of closely held corporation.
The sale of Ms. Donkey involving 10,000 shares after the listing of Queen Corporation
in the PSE is subject to the usual 60% of 1% stock transaction tax.
STT = 10,000 x P6 x 60% x 1% = 360
FRANCHISES
Illustration 1: Radio Franchise Grantees
Radio Filipino exceeded the P10,000,000 annual gross receipts last year due to (Required to register)
increase in ads income brought about by the national election.
Radio Filipino is only expected to reach its P6,000,000 average annual receipt this year.
Answer:
Radio Filipino should be subjected to VAT on all receipts starting this year.
Once the P10M threshold is exceeded, TV or radio broadcasting companies will be perpetually covered.
If receipts > 10M 12% VAT
If receipts < 10M 3% PT
Note:
* Local water districts is subject to 2% franchise tax not VAT.
* Franchise tax does not apply to water refilling station or purification stations selling bottled mineral water,
this are vatable entities on sale of water.
INSURANCE
Illustration 1:
Absolute Insurance underwrites both life and non-life insurance policies
The following were the premiums collected in a month:
Note: Promissory note is exceptionally included for life insurance policy premiums in computation for the premiums tax.
Primossory note is not included if non-life insurance policies, hence, not subject to VAT.
FOREIGN INS
Illustration 1:
Mang Pandoy insured his buildings with a foreign insurer.
He paid P150,000 premiums during the month.
Answer:
Mang Pandoy shall report the transaction to the Insurance Commission and the BIR
and pay P7,500 premiums tax. (150,000 x 5%) to the BIR.
This transaciton shall be subject to withholding VAT, but the same is specifically subject to percentage tax.
Without Agent 5%
With Agent 4%
Legend:
Domestic Insurance 2%
Foreign Insurance With Agent 4%
Without Agent 5%
Reinsurance 0%
OVERSEAS
Illustration 1
Quick Telecommunications has the following receipts during the quarter:
Quarterly tax:
Gross receipts from outgoing calls 5,000,000
Rate 10%
Percentage tax due 500,000
WINNINGS
Winnings in horse race or jai-alai, in general 10%
Winnings from double, forecast/ quinella and trifecta bets 4%
Owners of winning race horses 10%
The following tax must have been withheld from these winnings before their
release to the winners:
Illustration 2
Mrs. Petra hit the trifecta with a pay-out of 58,000 from her 100 ticket.
How much will she receive from her winnings?
Tha jai-alai operator must withhold the following tax on the winnings:
The government agency shall pay Mr. Avila the following proceeds
net of the 3% percentage tax.
Sales 200,000
3% final withholding tax 6,000 FWT
Net proceeds to be released to Mr. Avila 194,000
The percentage tax payable for the quarter shall be computed as:
Sales subject to government withholding
(194,000 / 97%) 200,000
Sales to private customers 80,000
Gross sales 280,000
Multiply by: 3%
Percentage tax due: 8,400
Less: Tax credit (final withholding tax) 6,000 Withholding tax - BIR 2307
Percentage tax payable: 2,400
Illustration 2
Goodyear Corporation, a non-VAT taxpayer paying the 3% percentage tax,
had the following receipts in the quarter:
OTHERS
Illustration 1:
Diak Restaurant had the annual receipts of P1.5M.
During the month, Diak Restaurant generated P200,000 gross receipts.
Restaurant operation is not among those services or transactions specifically subject to percentage tax.
The gross receipts are vatable.
But since Diak, did not exceed the VAT threshold 3M, Diak shall pay the 3% general percentage tax.
Illustration 2:
Mr. Black Jack is an operator of 40 taxis with annual receipts exceeding P3M.
and a store with annual sales not exceeding P3M.
The following are the sales and receipts during the month:
Legend:
Receipts from taxi units 2,000,000 3% common carriers tax SPT SPT VAT allowed
Sales of fruits 100,000 exempt SPT GPT allowed
Sales of other merchandise 180,000 3% GPT GPT VAT not allowed
Total revenue 2,280,000