Module 09 - Inclusions in Gross Income
Module 09 - Inclusions in Gross Income
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LEARNING OUTCOMES
At the end of this module, you are expected to:
Pre-Activity
Try to answer the following questions.
1. Remembering what you learned from Module No. 5, what is the difference between
prizes and winnings?
2. Get a copy of a receipt from your recent purchase, what are the taxes that you can see
on the document?
For purposes of the discussions in this module, when the phrase “inclusion in gross income”
is used, it would mean the items of income which are reportable under gross income in the
income tax return for the regular income taxation scheme.
GENERAL CRITERIA
Items of gross income subject to regular income tax are not limited to those mentioned under the
NIRC. The regular income taxation scheme is a catch-all provisions for all income derived from
whatever sources that are:
a. Not subject to final tax, capital gains tax and special tax regimes, and
b. Not excluded or exempted by law, treaty, or contract from taxation.
The following business income shall not be included in gross income subject to regular income
tax:
INTEREST INCOME
This particularly refers to interest income other than passive interest income subject to final tax.
A taxable interest income must have been actually paid out of an agreement to pay interest. It
cannot be imputed.
1. Interest income earned by landowners in disposing their lands to their tenants pursuant
to the Comprehensive Agrarian Reform Law
2. Imputed interest income
Illustration 9.1
EGA Finance reported the following interest income during the year:
From loans 3,000,000
From deposits with banks 400,000
Notes rediscounting 100,000
Treasury notes 50,000
The interest income from deposits and T-notes are subject to final tax, therefore, not inclusions as gross
income under regular taxation.
RENT INCOME
Rent income arises from leasing properties of any kind. It is a passive income but is not subject to
final tax under the NIRC; hence, it is subject to regular income tax. Aside from the periodic
receipts of such, the following should be considered.
1. Obligations of the lessor that are assumed by the lessee are additional rental income to
the lessor.
2. Leasehold improvements made by the lessee on the leased property are recognized by
the lessor as income using the spread-out method or outright method.
3. On advance rentals,
Inclusion Exclusion
Unrestricted It constitutes a loan
Restricted to be applied in future years or It is a security deposit to guarantee
upon the termination of the lease payment or rent subject to contingency
which may or may not happen
ROYALTIES
Royalties earned from sources within the Philippines are generally subject to final income tax
except when they are active by nature. Active royalty income and royalties earned from sources
outside the Philippines are subject to regular income tax.
All but the royalty from musical compositions is inclusions in gross income since it is subject to final
tax.
DIVIDENDS
These pertain to dividends declared by foreign corporations. It should be recalled that dividends
declared by domestic corporations are generally subject to 10% final tax if the recipient is an
individual taxpayer and exempt if the recipient is a domestic or a resident foreign corporation.
Cash, property, and script dividends from foreign corporations are items of gross income subject
to regular income tax.
Illustration 9.3
A portfolio of equity investments held by a taxpayer received cash dividends from the
following during the year.
Domestic Corporation 400,000
Resident Foreign Corporation 300,000
Non-Resident Foreign Corporation 200,000
The pre-dominance test on the RFC revealed a 60% rate.
The P400,000 dividend from domestic corporation is excluded regardless of the recipient. If the taxpayer
is a resident citizen or domestic corporation, the gross income of P500,000 should be included, otherwise,
only the P180,000 relating from the pre-dominance test is an item of gross income.
ANNUITIES
The excess of annuity payments received by the recipient over premium paid is taxable income
in the year of receipt.
Illustration 9.4
Andrew purchased an annuity contract for P100,000 which shall pay him P10,000 annually
until he dies.
The receipt of the first 10 annual annuity payments is a return of capital. Any further receipt from year
11 onwards is an item of gross income subject to regular income tax.
PENSIONS
These pertain to pensions and retirement benefits that fail to meet the exclusion criteria and hence
subject to regular tax.
Illustration 9.5
Continuing Illustration 7.7, The P1,250,000 income distributed to the heirs is taxable to the heirs.
The same goes with the P300,000 received by Mr. Salamat in Illustration 7.8.
Past deductions that created tax benefits to the taxpayers must be reverted back to gross income
in the year of recovery so that the government will recover the tax lost from the deduction.
The rule has both an inclusionary and an exclusionary component, i.e., the recovery is included
in the taxpayer's gross income to the extent that the taxpayer obtained a tax benefit from the prior
year's deduction, and the recovery is excluded to the extent that the prior year's deduction did
not provide a tax benefit.
Illustration 9.6
A taxpayer incurred P60,000 bad debt expense in 2018 out of which P35,000 was recovered in
2020:
2018 2019 2020
Net income before bad debts expense 100,000 80,000 120,000
(Bad Debts Expense)/Recoveries (60,000) - 35,000
Net Income after bad debts expense 40,000 80,000 ???
The entire P60,000 deduction in 2018 is a tax benefit to the taxpayer. Hence, the P35,000 recovery from
this deduction is a tax benefit which must be reverted back to gross income in 2020. The taxable net
income in 2020 shall be P155,000.
Illustration 9.7
A taxpayer incurred P90,000 bad debt expense in 2018 out of which P60,000 was recovered in
2020.
2018 2019 2020
Net income before bad debts expense 70,000 100,000 120,000
(Bad Debts Expense)/Recoveries (90,000) - 60,000
Net Income after bad debts expense (20,000) 100,000 ???
NOLCO (20,000)
Net income 80,000
The entire P90,000 deduction is a tax benefit. The taxpayer benefited by the P70,000 reduction in 2018
taxable income plus the P20,000 carry-over of NOLCO. The P60,000 recovery from the deduction in
2020 is a tax benefit subject to tax. The reportable net income in 2020 shall be P180,000.
Illustration 9.8
A taxpayer incurred P60,000 bad debt expense in 2018 out of which P35,000 was recovered in
2020:
2016 2017 2018 2019 2020
Net income before bad debts expense 100,000 (130,000) 80,000 (160,000) (70,000)
(Bad Debts Expense)/Recoveries (500,000) 500,000
Net Income after bad debts expense (400,000) (130,000) 80,000 (160,000) ???
NOLCO (80,000)
Net Income -
The interest expense saved the 2016 P100,000 pre-tax income and the 2018 P80,000 net income from
taxation. Note that NOLCO can be deducted only against net income in the next three years. The
P320,000 remaining NOLCO expired in 2019 without tax benefit The P500,000 interest deduction only
benefited the taxpayer P180,000. Hence, only P180,000 of the P50,0000 recovery in 2020 shall be
reverted back to the 2020 gross income.
Illustration 9.9
A taxpayer incurred P90,000 bad debt expense in 2019 out of which P45,000 was recovered in
2020:
2019 2020
Net income before bad debts expense 70,000 (15,000)
(Bad Debts Expense)/Recoveries (90,000) 45,000
Net Income after bad debts expense (20,000) ???
An increase in NOLCO which has not expired before the beginning of the taxable year in which the
recover), takes place shall be treated as tax benefit. Thus, the entire P90,000 is a tax benefit to the
taxpayer. Hence, the P45,000 recovered out of it is a tax benefit which must be reverted back to gross
income in 2020.
The 2020 net income shall be computed as follows:
Net loss before recovery (15,000)
Recovery 45,000
Net Income 30,000
NOLCO (20,000)
Taxable net income 10,000
Illustration 9.10
A corporate taxpayer had a change in 80% of its shareholders in 2020. Thus, any net operating
loss incurred before 2019 is not allowed to be carried over. A P90,000 bad debt write-off was
made in 2019 out of which P60,000 was recovered in 2021.
2019 2020 2021
Net income before bad debts expense 70,000 100,000 120,000
(Bad Debts Expense)/Recoveries (90,000) - 60,000
Net Income after bad debts expense (20,000) 100,000 ???
The tax benefit of the P90,000 bad debt expense to the corporation in this case shall be determined using
the As-If Approach. Re-compute the net income in the year of deduction by adjusting the deduction as if
the subsequent deduction recovery is known. The computed net income is compared to what was
previously reported to determine the income that is saved from taxation.
Assuming the future recovery is known, the 2019 net income should have been:
Net income before bad debt expense 70,000
Bad debt expense if recovery was known 30,000
Net income if recovery was known 40,000
The tax benefit is the income that escaped taxation in 2019 computed as:
Net income if recovery was known 40,000
Net income as reported in 2019 (recovery is known) 0
Tax benefit of the bad debt expense 40,000
P40,000 out of the P60,000 recovery in 2021 constitutes tax benefits which must be included in the 2021
gross income. The 2021 net income shall be P160,000.
REIMBURSEMENTS OF EXPENSES
Expenses of the taxpayer that are reimbursed or paid by the customer or client constitute
additional income to the taxpayer.
Examples:
1. When the lessee pays the ownership costs of the lessor such as real property tax and
insurance on the property, the payment constitutes income to the lessor.
2. When a client reimburses the out-of-pocket expenses of a professional practitioner, the
reimbursements are income to the practitioner.
CANCELLATION OF INDEBTEDNESS
The cancellation of indebtedness may amount to gratuity or payment of income.
Illustration 9.11
Charles Paul Adizon, CPA obtains his only income from professional fees on his practice of
accounting profession. He is a VAT taxpayer whose income is subject to 10% creditable
withholding tax. During the year, the cash inflows from professional fees totaled P3,468,000.
Allowable deductions amount to P1,400,000.
His tax payable will be:
Net Professional Receipts Received 3,468,000
Divide by: (100%+12%-10%) 102%
Professional Income 3,400,000
Less: Allowable Deductions 1,400,000
Taxable Income 2,000,000
References:
Banggawan, R. (2019). Income Taxation. Pasay City: Real Excellence Publishing.
Valencia, G. & Roxas, E. (2016). Income Taxation. Baguio City: Valencia Educational Supply.
Reyes, V. (2019). Income Tax Law and Accounting under the TRAIN Law. Manila: GIC Enterprises & Co., Inc.
Ampongan O. (2018). Income Taxation. Mandaluyong City: Millennium Books, Inc.
Self-Check!
Basing on your readings, answer the following questions.
1. What are the different sources of taxable gross income?
2. What is the effect of past deductions which are subsequently recovered?
3. What is the effect of reimbursement of expenses paid?
4. What is the effect of cancellation of indebtedness?
5. How are creditable withholding taxes and value-added taxes reflected under gross
income?
______2. Which of the following dividends should be reported as an item of gross income?
a. From domestic corporation to resident citizen
b. From non-resident foreign corporation to resident citizen
c. From domestic corporation to resident alien
d. From non-resident foreign corporation to resident alien
______4. Interest income from which of the following sources is an exclusion from gross
income?
a. Notes
b. Bonds
c. Lending
d. Deposits