Inclusions in Gross Income: BAM 127: Income Taxation For BA Module #14

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Inclusions in

Gross Income
BAM 127: Income Taxation for BA
Module #14
Inclusions in Gross
Income
INCLUSION IN GROSS INCOME
1. Compensation; 7. Dividends
2. Gross Income from 8. Annuities;
business or profession; 9. Prizes and
3. Gains from dealings Winnings;
in properties; 10. Pension; and
4. Interest; 11. Partner’s
5. Rents; distributive share in GPP.
6. Royalties;
Inclusions in Gross
Income
1. Compensation – income that arises from EE-
ER relationship.
Inclusions in Gross
Income
Note:
(1) Necessity and Convenience of the Employer -
benefits or allowances (aka facilities) furnished to
the employees to enable them to appropriately and
effectively execute their duties are exempt from
income tax.
(2) Compensation in kind is taxable at the fair value
of the consideration received.
(3) Authorized Causes – beyond the control of the
employee. Eg. Retrenchment, bankruptcy,
redundancy, etc.
Inclusions in Gross
Income
De Minimis Benefits
Inclusions in Gross
Income
Note:
(1) The 10 day rule applies only to vacation
leaves. Monetization of sick leaves is taxable;
and
(2) Vacation and sick leave of government
employees are not subject to the 10 day limit
rule.
(3) Christmas gift of government employees is
designated by the NIRC to be part of 13th
month pay and Other Benefits.
Inclusions in Gross
Income
2. Gross Income from Business or Profession
General Rule: Income from the conduct of
trade, business or exercise of a profession are
subject to regular income tax.
Exceptions:
1. Those exempt from income tax
1.1 Barangay Micro Business Enterprises
(BMBE) under RA 9178; and
1.2 Enterprises enjoying tax holidays – EO 226
Inclusions in Gross
Income
2. Gross Income from Business or Profession
Exceptions:
2. Those Subject to Special Tax Regime
2.1 PEZA or TIEZA registered – 5%
2.2 Self employed or Professionals using 8% Optional
Income Tax
3. Those subject to Final Income Tax
3.1 Subcontractor of Petroleum Service Contractor –
8% final tax
3.2 Business income of FCDU & OBU from Philippine
residents – 10% final tax
Inclusions in Gross
Income
3. Gains from Dealings in Properties –
All gains or losses from the sale, exchange
or disposition of (1) ordinary asset; (2)
movable properties classified as capital
asset; and (3) stocks of Foreign
Corporation are subject to regular income
tax.
Inclusions in Gross
Income
Rules on Sale or Exchange of Personal
Property (Capital Asset)
a. Capital Losses are deductible only from
capital gains;
b. Corporations has no holding period
thus no carry over;
Inclusions in Gross
Income
Rules on Sale or Exchange of Personal
Property (Capital Asset)
c. Holding Period:
Short Term (within 12 months) – 100%
Long Term (beyond 12 months) – 50%
d. Carry Over – limited only to the net
income during the year.
Inclusions in Gross
Income
4. Interest Income – Interest income that
are not subject to final tax.
(1) Interest earned by banks and lending
companies.
(2) Interest earned from bank deposits
abroad.
(3) Interest income from bonds and
promissory notes.
Inclusions in Gross
Income
5. Rental Income – income arises from
leasing properties.
Note: Rental income shall include non-
refundable deposits and/or advances that
will be applied to future rental
payments. It is taxable upon receipt of
the latter.
Inclusions in Gross
Income
6. Royalties
a. Within the Philippines – Final Tax
b. Without the Philippines – Regular
Income Tax
Inclusions in Gross
Income
7. Dividends – Cash and property
dividends declared

Note: Stock & Liquidating dividends are


not taxable
Inclusions in Gross
Income
8. Annuities – The excess of annuity payments
received by the recipient over the premium
paid is taxable income in the year of receipt.
9. Prizes and Winnings – those prizes or
winnings which are neither subject to final tax
nor exempt.
a.) Prizes not exceeding P10,000
b.) Prizes and winnings earned outside the
Philippines
Inclusions in Gross
Income
10. Pensions – Pension or retirement benefits
failed to meet all the criteria below.
a. The employer must maintain a private
pension plan approved by the BIR;
b. At least 10 years in service in the same
employer;
c. Must not be less than 50 years old upon
retirement; and
d. Must be availed only once.
Inclusions in Gross
Income
11. Partner’s distributive share in GPP – GPPs are
exempt from income tax but its partners are liable to
pay taxes individually.
12. Other Sources
a. Income distribution from taxable estates and trust;
b. Farming Income;
c. Recovery of Accounts Receivable Written Off;
d. Cancellation of debt for a consideration; and
e. Share from the net income of joint venture or co-
ownership.

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