Lumbera - Taxation I
Lumbera - Taxation I
Lumbera
2
UP Law Center – Bar Review Institute
TAXATION LAW (Cluster) | TAXATION 1 | Atty. Rizalina V. Lumbera
i. You sell actual principal on the difference between the FMV of the asset and the
residence located in the consideration.
Philippines
ii. Within 30 days from the sale, you KINDS OF INCOME (FOR CORPORATE TAXPAYERS)
inform the BIR that you are A. All Income other than [B], [C], and [D]
availing of the exemption B. Passive Income derived from Philippine sources
iii. Within 18 months from the sale, a. What are included:
you buy or build another actual i. Interest on bank deposits
principal residence in lieu of the ii. Royalties
one that you sold C. Capital gains on sales of shares of stocks
iv. You avail of the exemption once D. Capital gains on sales of real property located in
every 10 years the Philippines
v. The historical cost is considered E. Intercorporate Dividends Tax (ICDT)
in determining how much will be F. Minimum Corporate Income Tax (MCIT)
subjected to income tax or will be a. This is in lieu of the 30% NIT
exempted from tax b. MCIT is 2% of the gross income (GI)
f. When capital asset is sold in favor of the beginning the 4th year following the
government, the taxpayer has the option commencement of its operations,
to choose between two kinds of taxes: provided that the 2% of the GI is higher
i. CGT of 6% or than the NIT
ii. NIT under [A] G. Improperly Accumulated Earnings Tax (IAET)
a. This is an additional tax paid if there are
Capital Asset Ordinary Asset improperly accumulated earnings, which
Those not enumerated in Under Sec. 39, ordinary refer to earnings of a corporation retained
Sec. 39 (A)(1) are capital assets include the beyond reasonable business needs.
assets. following: H. Branch Profit Remittance Tax (BPRT)
1. stock in trade of the a. 15% on the amount applied for
taxpayer or other property remittance regardless of the amount
of a kind which would actually remitted.
properly be included in the b. Applicable only to resident foreign
inventory of the taxpayer if corporation
on hand at the close of the
taxable year;
2. property held by the
taxpayer primarily for sale
to customers in the
ordinary course of his
trade or business
3. property used in the
trade or business, of a
character which is subject
to the allowance for
depreciation provided in
Subsection (F) of Section
34;
4. real property used in
trade or business of the
taxpayer
4
UP Law Center – Bar Review Institute
TAXATION LAW (Cluster) | TAXATION 1 | Atty. Rizalina V. Lumbera
5
UP Law Center – Bar Review Institute
TAXATION LAW (Cluster) | TAXATION 1 | Atty. Rizalina V. Lumbera
6
UP Law Center – Bar Review Institute
TAXATION LAW (Cluster) | TAXATION 1 | Atty. Rizalina V. Lumbera
EXEMPTIONS FROM TAX ON CORPORATIONS (Sec. 30) ● Tax exemption under the Constitution:
● Non-stock, non-profit organizations i. RPT
● Their income “as such” shall be exempt from tax, ii. Revenues and assets actually,
meaning they will not pay the 30% NIT directly, and exclusively for
● Income as such: income derived pursuant to the educational purposes
primary purpose for which the organization was ● Tax exemption under Sec. 30: income as
created such 🡪 this is contrary to the Constitution
● Exception: The income of whatever kind and ● CIR v. De La Salle University: Sec. 30,
character of the foregoing organizations from any insofar as non-stock, non-profit
of their properties, real or personal, or from any of educational institutions are concerned, is
their activities conducted for profit regardless of unconstitutional because it runs contrary
the disposition made of such income, shall be to the provision of the Constitution.
subject to tax. i. Effect: As long as revenues are
actually, directly, and exclusively
CONSTITUTIONAL LIMITATIONS IN RELATION TO SEC. for educational purposes, it is
30, NIRC exempt from tax. The
1. Charitable Institutions Constitution should be used.
● Charitable institutions, churches and Sec. 30 does not apply.
parsonages or convents appurtenant 4. Proprietary Educational Institution
thereto, mosques, non-profit cemeteries, ● Proprietary educational institutions,
and all lands, buildings, and including those cooperatively owned, may
improvements, actually, directly, and likewise be entitled to such exemptions
exclusively used for religious, charitable, subject to the limitations provided by law
or educational purposes shall be exempt including restrictions on dividends and
from taxation. [Sec. 28 (3), Art. VI] provisions for reinvestment. [Sec. 4(1),
● Tax exemption under the Constitution: Art. XIV]
real property tax (RPT) ● Sec. 27 (B), NIRC: 10% NIT will apply if
● Tax exemption under Sec. 30: income as the income from unrelated trade or
such activity does not exceed 50% of its total
● Not exempted under Sec. 30: rental income. 30% NIT will apply if it exceeds
income (30% NIT), interest earnings (20% 50%.
FWT) of charitable/religious institutions 5. Government educational institutions
● Gifts/donations to charitable/religious ● There is no Constitutional provision
organizations are not subject to donor’s applicable. Sec. 30, NIRC applies
tax/estate tax, provided not more than ● RPT is exempted under Sec. 234, LGC of
thirty percent (30%) of the amount shall 1991
be used by such institutions for 6. Government of the Philippines
administration purposes. ● There is no Constitutional provision
● Gifts to charitable/religious organizations applicable.
are also not taxable income because it is ● RPT is exempted under Sec. 234, LGC of
an item of exclusion under Sec. 32 (B)(3). 1991
2. Religious Institutions ● Income derived from the exercise of any
● Same as charitable institutions essential governmental function accruing
3. Non-stock, non-profit educational institutions to the Government of the Philippines or to
● Charitable institutions, churches and any political subdivision thereof is exempt
parsonages or convents appurtenant from tax as provided under Sec. 32
thereto, mosques, non-profit cemeteries, (B)(7)(b), NIRC.
and all lands, buildings, and ● However, the income of the government
improvements, actually, directly, and from the exercise of a proprietary function
exclusively used for religious, charitable, is subject to tax.
or educational purposes shall be exempt ● Donation in favor of the government is not
from taxation. [Sec. 28 (3), Art. VI] taxable under Sec. 32(B)(3).
● All revenues and assets of non-stock, 7. Charitable Hospitals
non-profit educational institutions used ● Same as charitable institutions
actually, directly, and exclusively for 8. Proprietary Hospitals
educational purposes shall be exempt ● Same as Proprietary Educational
from taxes and duties. [Sec. 4(1), Art. XIV] Institution
7
UP Law Center – Bar Review Institute
TAXATION LAW (Cluster) | TAXATION 1 | Atty. Rizalina V. Lumbera
8
UP Law Center – Bar Review Institute
TAXATION LAW (Cluster) | TAXATION 1 | Atty. Rizalina V. Lumbera
9
UP Law Center – Bar Review Institute
TAXATION LAW (Cluster) | TAXATION 1 | Atty. Rizalina V. Lumbera
o
Income Derived by the Government or its o Income Derived by Foreign Government
Political Subdivisions from exercise of
governmental functions
TAX TREATMENT OF EMPLOYEE BENEFITS
Exception: The benefit shall not be considered as income a. Not exceeding Php 300/month
(so the table above will not apply) if the benefit is either: 8. Achievement Awards
1. furnished for the convenience of the employer OR a. Not exceeding Php 10,000/year
2. necessary to the trade or business of the 9. Gifts given during Christmas/major anniversary
employer. celebrations
a. Not exceeding Php 5,000/year
Fringe Benefits: any goods, service or other benefit 10. Daily meal allowance
furnished or granted in cash or in kind by an employer to a. Not exceeding 25% of basic minimum
an individual employee (except rank and file employees) 11. Benefits received by an employee pursuant to a
● These are benefits extended by an employer to an CBA and productivity incentive scheme
employee on top of the basic pay, de minimis a. Not exceeding Php 10,000/year
benefits, 13th month pay, and other benefits.
● These are normally given to DEDUCTIONS FROM GROSS INCOME
managerial/supervisory employees.
● Tax rate is 35% Rule: Only income subject to NIT is allowed to claim
● This is withheld by the employer. deductions.
● Examples:
o Housing privileges Kind of Taxpayer Subject to deduction?
o Motor vehicles
o Equipment RC Yes - [A] - NIT
o Membership in clubs
NRC Yes - [A] - NIT
o Plane tickets
RA Yes - [A] - NIT
De Minimis Benefits (DMB): Privileges of small value NRAETB Yes - [A] - NIT
provided by the employer to an employee NRANETB No
1. Monetized unused vacation leave (private sector) DC Yes - [A] - NIT
a. Not exceeding 10 days RFC Yes - [A] - NIT
2. Monetized vacation leave or sick leave NRFC No
(government)
a. No limit
For compensation income earners, the only deductions
3. Medical cash allowance to dependents of
allowed that are not considered deductions from gross
employees
income are the following:
a. Not exceeding Php 1,500/semester (6
1. PAG-IBIG
months)
2. PhilHealth
4. Rice Subsidy
3. SSS
a. Not exceeding Php 2,000/month
4. GSIS
5. Uniform/clothing allowance
5. Union dues
a. Not exceeding Php 6,000/year
6. 13th month pay and other benefits not exceeding
6. Actual medical assistance
Php 90,000
a. Not exceeding Php 10,000/year
7. Laundry Allowance
10
UP Law Center – Bar Review Institute
TAXATION LAW (Cluster) | TAXATION 1 | Atty. Rizalina V. Lumbera
11
UP Law Center – Bar Review Institute
TAXATION LAW (Cluster) | TAXATION 1 | Atty. Rizalina V. Lumbera
12
UP Law Center – Bar Review Institute