TAX-801, 901, 902 (Sources of Income & Gross Income)
TAX-801, 901, 902 (Sources of Income & Gross Income)
TAX-801, 901, 902 (Sources of Income & Gross Income)
SOURCES of INCOME
1. Classification of Income as to Sources
a. Income purely within
b. Income purely without
c. Income partly within and partly without
4. Exercise
A corporation has the following income and expenses for the current year:
Gross income, Philippines P1,600,000
Gross income, USA 400,000
Business expenses, Philippines 500,000
Business expenses, USA 200,000
Unallocated business expenses 150,000
Interest expense, USA 50,000
Interest expense, Philippines 100,000
Unallocated interest expense 80,000
Total assets excluding the land 50,000,000
Compute the tax due and payable assuming the above corporation:
a. Resident foreign corporation.
b. Nonresident foreign corporation.
c. Domestic corporation.
5. Income partly from sources within and partly from sources without
a. Examples a. Income from transportation and other services rendered partly within and partly
without the Philippines.
b. Income from the sale of personal property produced in whole or in part by the
taxpayer within and sold without the Philippines.
c. Income from sale of personal property produced, in whole or in part by the taxpayer
without and sold within the Philippines.
a. A corporation manufactures goods in the Philippines, which are sold exclusively in foreign countries.
The following data are taken from the records of the corporation:
Gross sales, without P 5,000,000
Gross income from sales, without 3,000,000
Operating expenses 2,100,000
Value of properties, Philippines 300,000
Value of properties, without 600,000
b. An individual taxpayer has the following data on income and expenses in 2022:
1) Gross business income, Philippines P220,000
2) Rent on building, Philippines, net of 5% withholding tax 95,000
3) Rent on commercial building, USA 90,000
4) Interest income, debtor resides in Hongkong 30,000
5) Dividends from Ford Motors, foreign company, declared in 2022 60,000
Note: Gross income of Ford Motors follows:
Within Without
2019 P300,000 P500,000
2020 400,000 100,000
2021 500,000 200,000
2022 350,000 150,000
6) Royalties received from Ford Motors for use of patents in USA 30,000
7) Dividend from Walmart Corp., USA, declared in 2022 80,000
Note: Gross income of Walmart for the preceding 2 years prior to declaration of
dividend follow:
Within Without
2020 P400,000 P600,000
2021 200,000 400,000
8) Gain on sale, Philippines, land located in Japan 350,000
9) Gain on sale, Philippines, car purchased in Japan 40,000
10) Expenses:
a) Business expenses, Philippines 100,000
b) Depreciation building in Philippines 20,000
c) Depreciation building in USA 10,000
d) Expenses, sale of car in the Philippines 10,000
e) Expenses, sale of land in the Philippines 50,000
f) Unallocated expenses 60,000
END
THOT: “God gave each one of us talents, it is up to us whether to bury them or to enrich them.” -
Tamthewise
Note: Basic personal exemption and additional exemptions are no longer allowed to be deducted
from the gross income of an individual taxpayer starting January 1, 2018.
2. Meaning of income
a. Broad sense Income means all wealth, which flows into the taxpayer’s hands other than as a mere return of
capital.
b. Judicial definition Income is the gain derived from labor, or from capital, or from both labor and capital, including
the gain derived from the sale or exchange of capital asset.
c. Requisites of a a. There must be gain;
taxable income b. The gain must be realized or received;
c. The gain must not be excluded by law from taxation.
b. Gross income derived from the conduct of trade or business, or the exercise of profession
Format of computation Gross sales/receipts xxx
Less: Sales returns and allowances xxx
Sales discount xxx xxx
Net sales/receipts xxx
Less: Cost of sales/services xxx
Gross income from operation xxx
Add: Other income xxx
Total gross income xxx
c. Gains derived from dealings in property
1) Property acquired by Selling price xxx
purchase on or after Less: Cost xxx
March 1, 1913. Gain xxx
2) Property acquired by Selling price xxx
inheritance Less: FMV, date of inheritance xxx
Gain xxx
3) Property acquired by Selling price xxx
gift Less: Value in the hands of the donor xxx
Gain xxx
d. Interest income
1) Included in interest Interest includes such interest arising from indebtedness, whether business or non-business.
income Unless exempted by law, interests received by a taxpayer, whether or not usurious, are taxable.
2) Subject to final tax Interest income from Philippine sources subject to final tax (not included in the taxable net
income subject to tax rates in general)
a) Interest from any currency bank deposit
b) Yield or any other monetary benefit from deposit substitute
c) Interest on government debt instrument and securities (regardless number of lenders)
d) Yield or any other monetary benefit from trust funds and similar arrangements
e) Interest income received from a depository bank under expanded foreign currency deposit
system
f) Interest income from long-term deposit or investment evidenced by certificates prescribed
by Bangko Sentral ng Pilipinas if pre-terminated before fifth year or received by individual
issued by financial institution other than a bank
3) Subject to tax rates in a) Interest income from foreign sources
general b) Interest income from debt instrument not within the coverage of deposit substitute
c) Interest from long-term deposit or investment received by domestic and resident foreign
corporation
3) Exempt from Interest income from Philippine sources exempt from tax:
income tax a) Interest income received from a depository bank under expanded foreign currency deposit
system by non-residents (individuals or corporations)
b) Interest income from long-term deposit or investments evidenced by certificates prescribed
by Bangko Sentral ng Pilipinas (issued by banks to individuals in P10,000 denomination)
2) Rental income of Payment of lessee in lieu of other rental an amount equivalent to a certain rate of dividend
corporation from leased on the lessor’s capital stock or interest on the lessor’s outstanding indebtedness, together
property with taxes, insurance or other fixed charges, notwithstanding the fact that the dividends and
interests are paid by the lessee directly to the shareholders and bondholders of the lessor.
The fact that a corporation has conveyed or let its property and has parted with its
management and control or has ceased to engage in the business for which it was originally
organized, will not relieve it from liability to the tax.
3) Tax treatment of When buildings are erected or improvements made by a lessee in pursuance of an
leasehold improvements agreement with the lessor, and such buildings or improvements are not subject to removal
made by the lessee by the lessee, the lessor may at his option report the income therefrom upon either of the
following cases:
a) Outright method. – The lessor may report as income at the time when such buildings
or improvements are completed the fair market value of such buildings or
improvements subject to the lease.
b) Spread-out method. – The lessor may spread over the life of the lease the estimated
depreciated value of such building or improvement at the termination of the lease and
report as income for each tear of the lease an aliquot part thereof.
Cost of leasehold improvement xxx
Less: Accumulated depreciation (remaining term of lease) xxx
Book value, end of lease xxx
Annual income
Book value, end of lease/Remaining term of lease xxx
In a particular case, it was held that if improvements are in lieu of rent, the value thereof is
income to the landlord only in the year of termination of the lease.
4) Computation of income FMV of improvement when lessor took possession xxx
resulting from premature Less: Amount already reported as income xxx
termination of lease Income, year of termination xxx
The entire amount of advance rental is considered as taxable income to the lessor in the year
received, if so received under a claim of right and without restriction as to its use, and
regardless of method of accounting employed.
Advance payment representing loan to the lessor is not taxable unless applied to unpaid rent.
Advance payment representing security deposit is not taxable unless violation in the lease
contract arises. Security deposit applied to the rental of the terminal month or period of
contract must be recognized as income at the time it is applied.
7) Income from long-term Taxable for the period in which the income is determined, such determination depending
contract upon the nature and terms of particular contract.
f. Royalties
1. Subject to final tax When a person pays royalty to another for the use of its intellectual property such as
copyright, patents, trademarks, such royalty is a passive income of the owner thereof
subject to final withholding tax (if from Philippine sources).
2. Subject to tax rates in Royalties from foreign sources are subject to the normal individual or corporate income tax.
general
Any gain derived from sale of “royalty” considered a valuable property developed and sold
on a regular basis for a consideration is treated as an active business income subject to the
normal income tax. It is a special form of rental income for the use of intangible property.
h. Annuities
1) Meaning of annuity An annuity is a specified income payable at stated intervals for a fixed or a contingent
period, often for the recipient’s life, in consideration of a stipulated premium paid either in
prior installment payments or in a single payment.
2) Non-taxable annuity Annuity representing return of premium
3) Taxable annuity Excess of the amount returned as premium
i. Prizes and winnings
1) Subject to tax a) Prizes and winnings from foreign sources received by individuals and corporations
rates in general b) Prizes and winnings from Philippine sources received by corporations
c) Prizes from Philippines sources received by individuals amounting to P10,000 or less.
2) Subject to final tax a) Prizes received by individuals from Philippine sources [except prizes amounting to
P10,000 or less which shall be subject to tax under Sec. 24 (A)]
b) Other winnings of individuals from Philippine sources (except Philippine Charity
Sweepstakes and Lotto winnings amounting to P10,000 or less which shall be exempt)
3) Exempt/excluded a) Philippine Charity Sweepstakes and Lotto winnings amounting to P10,000 or less;
from gross income b) Prizes and awards made primarily in recognition of achievements in the following fields:
1) Religious; 3) Scientific; 5) Artistic; 7) Civic.
2) Charitable; 4) Educational; 6) Literary;
Conditions for the exemption of prizes and awards:
a. The recipient was selected without any action on his part to enter the contest or
proceedings; and
b. The recipient is not required to render substantial future services as a condition to
receiving the prize or award.
c) All prizes and awards granted to athletes to local and international sports competitions
and tournaments whether held in the Philippines or abroad and sanctioned by their
national sports association.
j. Pensions (see exclusions from gross income)
k. Partner’s distributive share from the net income of the general professional partnership [Subject to Section 24 (A)]
l. Income from whatever source
1) Examples of income from 1) Gains arising from expropriation of property;
whatever source 2) Gambling gains;
3) Income from illegal business or from embezzlement;
4) Damage recovery (compensation for damages);
5) Forgiveness of debt;
6) Bad debt recovery;
7) Tax refunds; and
8) Prizes and awards.
Question 6 – Total final withholding taxes on passive income (resident foreign corporation)
Interest income from bank deposit, Philippines (40,000 x 20%) P 8,000
Yield from deposit substitute, Philippines (80,000 x 20%) 16,000
Interest income received from depository bank under EFCDS, Philippines (60,000 x 15%) 9,000
Royalties, Philippines (70,000 x 20%) 14,000
Final withholding taxes on passive income P47,000
Gain from sale of shares of stock directly to the buyer (50,000 x 15%) P 7,500
Total P54,500
Question 7 – Total final withholding taxes on passive income (non-resident foreign corporation)
Interest income from bank deposit, Philippines (40,000 x 25%) P10,000
Yield from deposit substitute, Philippines (80,000 x 25%) 20,000
Interest income received from depository bank under EFCDS, Philippines Exempt
Royalties, Philippines (70,000 x 25%) 17,500
Property dividend received from domestic corporation (150,000 x 15%) 22,500
Final withholding taxes on passive income P70,000
Gain from sale of shares of stock directly to the buyer (50,000 x 15%) P 7,500
Total P77,500
- END -
THOT: “Contentment diminishes one’s desire for endless longing for more material possessions.” - Tamthewise
2. Sec.32 (B) Exclusions from Gross Income – The following items shall not be included in gross income and shall be
exempt from taxation:
a. Exclusions from gross income 1) Proceeds of life insurance;
2) Amount received by insured as returns of premium;
3) Gifts, bequests and devises;
4) Compensation for injuries or sickness;
5) Income exempt under treaty;
6) Retirement benefits, pensions, gratuities, etc.;
7) Miscellaneous items.
a) Income derived by foreign government;
b) Income derived by the government or its political subdivision;
c) Prizes and awards;
d) Prizes and awards in sports competition;
e) 13th month pay and other benefits;
f) GSIS, SSS, Philhealth and other contributions;
g) Gains from the sale of bonds, debenture or other certificate of indebtedness
with maturity of more than 5 years;
h) Gains from redemption of shares in mutual fund.
b. Used to be excluded but now 1) Interest on government securities (now subject to 20% final tax)
subject to final tax 2) Income derived as informer’s reward to persons instrumental in the discovery
of violations of the NIRC and in the discovery and seizure of smuggled goods
(now subject to 10% final tax based on 10% of the revenues, surcharges or
fees recovered and/or fine or penalty imposed or P1,000,000 per case
whichever is lower.)
a. Life Insurance
Life insurance The proceeds of life insurance policies 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.
If the amounts, when added to amounts received before the taxable year under
such contract, exceed the aggregate premium paid, whether or not paid during
the taxable year, then the excess shall be included in gross income
Participating dividends are not income to the insured. They are treated as return
of capital.
Exercise: (CPA Exam) Mr. J. Cruz insured his life with his estate as beneficiary. In 2018, after Mr. Cruz had paid P65,000 in
premiums, he assigned the policy to Mr. S. Santos for P60,000, and Mr. Santos collected the total proceeds of P200,000.
Mr. Santos, after the assignment, and before Mr. Cruz’s death, paid total premiums of P80,000.
Gifts, bequests and devises are subject to transfer taxes (estate tax or donor’s
tax.)
Income from such property, as well as gift, bequest, devise or descent of income
from any property, in cases of transfers of divided interest, shall be included in
gross income
As a general rule, the provisions of the Philippine Tax Code (domestic law) shall
apply on the income, gain or profit of any person liable to income tax.
In case of conflict between the provisions of a tax treaty and domestic law, the
provisions of the tax treaty generally prevail over the provisions of the domestic
law.
Where the rate of tax imposed under the domestic law is lower than the rate
imposed under the tax treaty, the lower tax rate under the domestic law shall
prevail.
f. Retirement benefits
1) Retirement benefits received a) Retirement benefits received under Republic Act No. 7641 and those received
under R.A No. 7641 and those by officials and employees of private firms, whether individual or corporate, in
received by officials and accordance with a reasonable private benefit plan maintained by the employer.
employees of private firms with b) The retiring official or employee has been in the service of the same employer
reasonable private pension plan for at least ten (10) years and is not less than fifty (50) years of age at the
time of his retirement.
c) The benefits granted shall be availed of by an official or employee only once.
D) The term 'reasonable private benefit plan' means:
(1) a pension, gratuity, stock bonus or profit-sharing plan maintained by an
employer for the benefit of some or all of his officials or employees,
(2) wherein contributions are made by such employer for the officials or
employees, or both, for the purpose of distributing to such officials and
employees the earnings and principal of the fund thus accumulated, and
(3) 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 officials and employees.
2) Retirement benefits under R.A. In order to avail of the exemption of the retirement benefits under R.A. 7641
7641 from private employers from private employers without any retirement plans, the retiring employee has
without any retirement plans served at least five (5) years and is not less than sixty (60) years of age but not
more than sixty-five (65) declared as the compulsory retirement age, among
other conditions.
The disease or illness should be of type which would affect the performance of
duties and endanger the life of the employee if he/she continues working. (RMO
No. 25-91)
4) Social security benefits, The provisions of any existing law to the contrary notwithstanding, social security
retirement gratuities, pensions benefits, retirement gratuities, pensions and other similar benefits received by
and other similar benefits resident or nonresident citizens of the Philippines or aliens who come to reside
received from foreign permanently in the Philippines from foreign government agencies and other
government agencies and other institutions, private or public.
institutions, private or public
5) United States Veterans Payments of benefits due or to become due to any person residing in the
Administration benefits Philippines under the laws of the United States administered by the United States
Veterans Administration.
6) Social Security System (SSS) Benefits received from or enjoyed under the Social Security System (SSS)
benefits
7) Government Service Insurance Benefits received from the GSIS including retirement gratuity received by
System (GSIS) benefits government officials and employees.
g. Miscellaneous items
Income derived by Foreign Income derived from investments in the Philippines in loans, stocks, bonds or other
Governments domestic securities, or from interest on deposits in banks in the Philippines by:
(i) foreign governments,
(ii) financing institutions owned, controlled, or enjoying refinancing from foreign
governments, and
(iii) international or regional financial institutions established by foreign governments.
Income Derived by the Income derived from any public utility or from the exercise of any essential governmental
Government or its Political function accruing to the Government of the Philippines or to any political subdivision
Subdivisions thereof.
Prizes and awards Prizes and awards made primarily in recognition of religious, charitable, scientific,
educational, artistic, literary, or civic achievement but only if:
(i) The recipient was selected without any action on his part to enter the contest or
proceeding; and
(ii) The recipient is not required to render substantial future services as a condition to
receiving the prize or award.
Prizes and Awards in All prizes and awards granted to athletes in local and international sports competitions and
Sports Competition tournaments whether held in the Philippines or abroad and sanctioned by their national
sports associations.
13th month and other Thirteenth month pay equivalent to the mandatory one (1) month basic salary of official
benefits and employees of the government (whether national or local), including government-
owned or controlled corporations, and/or private offices received after the twelfth month
pay
Other benefits such as Christmas bonus, productivity incentives, loyalty award, gift in
cash or in kind, and other benefits of similar nature actually received by officials and
employees of both government and private offices, including the Additional Compensation
Allowance (ACA) granted and paid to all officials and employees of the National Government
Agencies (NGAs) including State Universities and Colleges (SUCs), Government-Owned
and/or Controlled Corporations (GOCCs), Government Financial Institutions (GFIs) and
Local Government Units (LGUs).
The above stated exclusions shall cover benefits paid or accrued during the year,
provided that the total amount shall not exceed ninety thousand pesos (₱ 90,000),
The exclusion shall not apply to other compensation received by an employee under an
employer-employee relationship such as basic salary and other allowances.
The exclusion from gross income is not applicable to self-employed individuals and income
generated from business. (R.A. 10653 as implemented under RR 3-2015 dated March 9,
2015)
GSIS, SSS, Medicare GSIS, SSS, Philhealth, Pag-ibig contributions and union dues of individuals
(Philhealth) and other
contributions Any contribution in excess of the mandatory GSIS, SSS, Philhealth and Pag-IBIG or Home
Development Mutual Fund contributions are not excludible from gross income of the
individual taxpayer and, therefore, are subject to income tax and the consequently, to
withholding tax (RMC No. 27-2011).
Only one Certificate of Authority shall be issued for each BMBE and only by the Office of the Treasurer of the
city or municipality that has jurisdiction over the principal place of business of BMBE. (Section 3, IRR of
BMBE)
Who are Any person, natural or juridical, such as partnership, corporation, association and cooperative, having the
eligible to qualifications and none of the disqualifications shall be eligible to register as BMBEs. (Sec. 4, IRR of BMBE as
register amended)
“Services" shall exclude those rendered by any one, who is duly licensed by the government after having
passed a government licensure examination, in connection with the exercise of one's profession. (Section 2,
IRR of BMBE)
2. A resident citizen, 50 years old, married, with three (3) qualified dependent children asks you to assist him in
computing his taxable net income for the year 2021. He presented to you his Statement of Income and Expenses for the
year ended 2021.
Answers:
1)Total amount excluded or exempted from income tax
Retirement benefits received from his previous employer that maintained P 250,000
Lump sum benefits received from SSS 200,000
Interest on long term deposits with maturity period of 5 years 30,000
Total P 480,000
Alternative computation
Gross professional income (subjected to 15% withholding tax) P10,000,000
Less: Cost of services 3,500,000
Gross income 6,500,000
Less: Professional expenses 3,000,000
Operating income 3,500,000
Add: Non-operating income -
Taxable income P3,500,000
END
THOT: “We find meaning when we serve other people and think less of ourselves.” - Tamthewise