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Individual Income Taxation LECTURE No. 4 ESTELITA C. AGUIRRE

Individual Income Taxation

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Individual Income Taxation. LECTURE No. 4 ESTELITA C. AGUIRRE. Title II, Chapter 3, NIRC. Tax on Citizens/Resident Aliens (Sec 24) Tax on Nonresident Aliens (Sec 25) Tax on Members of General Prof Partnerships (Sec 26). Income. - PowerPoint PPT Presentation

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Page 1: Individual Income Taxation

Individual Income Taxation

LECTURE No. 4

ESTELITA C. AGUIRRE

Page 2: Individual Income Taxation

Title II, Chapter 3, NIRC

Tax on Citizens/Resident Aliens(Sec 24)

Tax on Nonresident Aliens(Sec 25)

Tax on Members of General Prof Partnerships(Sec 26)

Page 3: Individual Income Taxation

Income

Profit, gain, fruit, wealth or fortune derived derived from labor, from capital or from both, and from exchange/sale of assets, as well as from

other source whether legal or illegal, express or implied, without restriction as to their

disposition.

All wealth which flows into the taxpayer other than as a mere return of capital is income.

Page 4: Individual Income Taxation

Income vs. Capital

Income is the amount of money coming to a person within a specified time whether as payment for services, interest or profits from investment.

Capital is a fund or tree that generates the income.

Page 5: Individual Income Taxation

Income vs Other Terms

Income – all wealth that flows into the taxpayer other than as a mere return of capital

Receipts – all wealth flowing including return of capital

Capital – fund or property existing at a given time

Revenue – funds derived by government whether from tax or any other source.

Page 6: Individual Income Taxation

Gross Income vs.Taxable Income

Gross Income means all income derived from whatever source without any deductions, except when excluded by the NIRC or other special laws.

Taxable Income means the pertinent items of gross income specified in the NIRC, less the deductions and/or personal exemptions, if any authorized for such types of income under the same Code or other special laws.

Page 7: Individual Income Taxation

Requisites of Taxable Income

Income, gain or profit is subject to income tax, when the following requisites are present:

1. There is income, gain or profit;

2. The income , gain or profit is realized or received during the taxable year (or presumed to have been received in the case of real properties classified as capital assets); and

3. The income, gain or profit must not be excluded by law from income taxation.

Page 8: Individual Income Taxation

Classification of Income as to Taxability

1. Income exempt from income tax – exempt from basic income tax as well as final income taxes.

2. Income subject to final income taxes – exempt from basic income tax but subject to final income taxes.

3. Income subject to basic income tax – in general, income which are neither expressly exempt nor subject to final income taxes

3.1 Compensation Income 3.2 Income from Business

3.3 Income from Profession3.4 Other income not subjected to final tax

Page 9: Individual Income Taxation

Classification of Taxable Income as to Source

1. Compensation income from employment

2. Income from business or trade

3. Income from profession

4. Other income (except from employment business, trade or professio

Page 10: Individual Income Taxation

Classification of Expenses

1. Non-business expenses

2. Non-deductible business expenses

3. Deductible business expenses

Page 11: Individual Income Taxation

Income and Expenses

Income may be derived from:1. Sources within the Philippines

2. Sources without the Philippines3. Sources partly within and without the Phil.

Expenses may be incurred :1. within the Philippines

2. without the Philippines3. partly within and without the Phil.

Page 12: Individual Income Taxation

Individual Taxpayers

1. Citizens

2. Aliens

3. Special Class of individual taxpayers

4. Estates and Trusts

5. Co-owners of Co-ownerships

6. Partners of Gen Professional Partnerships

Page 13: Individual Income Taxation

Ordinary Individuals

1. Resident Citizen – refers to an individual whose residence is in the Phil and is a citizen thereof.

2. Non-resident citizen – refers to an individual who is a Filipino citizen but residing outside the Phil.

3. Resident Alien – refers to an individual whose residence is in the Phil but is not a citizen thereof.

4. Nonresident Alien – refers to an individual whose residence is not within the Phil and is not a Filipino.

Page 14: Individual Income Taxation

Citizens of the Philippines

1. Those whose fathers or mothers are Filipino citizens; (natural born citizens)

2. Those who are naturalized in accordance with law;3. Those whom are citizens of the Phil at the adoption

of the Constitution on February 2, 1987 4. Those born before Jan 17, 1973 (date of adoption

of1973 Constitution), of Filipino mothers, who elect Phil citizenship upon reaching the age of majority.

Page 15: Individual Income Taxation

Non-resident Citizens

1. A Filipino who establishes to the satisfaction of the BIR Commissioner the fact of his physical presence abroad with a definite intention to stay therein.

2. A Filipino who leaves the Phil during the taxable year to reside abroad, as immigrant or for employment on a permanent basis.

3. A Filipino who works and derives income from abroad and whose employment thereat requires him to be physically present abroad most of the time during the year.

Page 16: Individual Income Taxation

Non-Resident Citizens

To be considered physically present abroadmost of the time during the taxable year, a contract worker must have been outside ofthe Philippines for not less than 183 daysduring such taxable year.

Page 17: Individual Income Taxation

Non-resident Alien

1. NRA not engaged in trade or business in the Phil.

2. NRA engaged in trade or business in the Phil.

2.1 Not a citizen, not a resident but has a sole proprietorship business in the Phil established and operating within the Phil.

2.2 Not a citizen who comes to the Phil and stay therein for an aggregate period of more than 180 days during the calendar year.

Page 18: Individual Income Taxation

Special Individuals

Foreigners and their Filipino counterparts, who are special employees of the ff: 1. Regional Area Headquarters of Multi- national companies (MNC) 2. Regional Operating Headquarters of MNC 3. Offshore Banking Units 4. Foreign Petroleum Service Contractors or foreign sub-contractors engaged in petroleum operations in the Phil.

Page 19: Individual Income Taxation

Tax Rates:Resident Citizens/ Aliens Section 24A

For compensation, business, profession, others:

Rate of tax of individuals:Not over P10,000 5%Next P20,000 10%Next P40,000 15%Next P70,000 20%Next P110,000 25%Next P250,000 30%Over P500,000 32%

Page 20: Individual Income Taxation

Minimum Wage EarnersExemption from Income Tax

Coverage of exemption:

Compensation income of MWEs who work in the private sector and being paid the Statutory MinimumWage (SMW) applicable to the place where he/sheis assigned.

Compensation income of employees in the public sector with compensation income of not more than the SMW in the non-agricultural sector applicable to the place where he/she is assigned.

Page 21: Individual Income Taxation

Coverage of tax exemption of MWE

Exemption includes: holiday pay, overtime pay, night-shift differential & hazard pay

An employee who receives/earns additional compensation such as commissions, honoraria, fringe benefits, benefits in excess of the allowable statutory amount of P30,000.00, taxable allowances and other taxable income shall not enjoy the privilegeof being a MWE

Page 22: Individual Income Taxation

Tax Rates On Passive Income Section 24B

1. Interest on currency bank deposit, in Phil 20%2. Yield, monetary benefit – deposit substitutes,

trust fund, similar arrangement, in Phil 20%3. Interest Income from a depository bank

under the Expanded Foreign Currency Deposit System 7.5% (If received by Non-Resident Citizen : exempt)

Page 23: Individual Income Taxation

Tax Rates On Passive IncomeSection 24B

4. Royalty income on books, literary, musical work in the Phil 10% 5. Other royalty income, in the Phil 20%

6. Prizes: over P10,000, earned in the Phil 20%

(P10,000 or less – part of gross income

subject to 5 to 32%) 7. Other Winnings 20% (If from Phil Charity Sweepstakes and

Lotto Draws: Exempt)

Page 24: Individual Income Taxation

Tax Rates On Passive IncomeSection 24B

8. Interest on long-term deposit or investment in

the form of savings, common or individual trust funds, deposit substitutes, investment management accounts and other investments evidenced by certificates in forms prescribed by BSP for 5 years of more - Exempt for income tax

Taxable, if preterminated:4 years to less than 5 years 5%3 years to less than 4 years 12%Less than 3 years 20%

Page 25: Individual Income Taxation

Tax Rates On Shares of StocksSection 24C

Capital gain on sale of shares of stocks not tradedin the Stock Exchange:

Not over P100,000 5%Amount in excess of P100,000 10%

Page 26: Individual Income Taxation

On Real Properties (Capital Assets) Section 24D

If sold to private buyer:Selling price or FMV, whichever is higher 6%

If sold to government:At the option of the seller: declare the net gain under Section 24A or declare under Sec 24D

Page 27: Individual Income Taxation

Exemption of Sale of Principal Residence

Conditions : 1. The sales proceeds is fully utilized in acquiring or constructing a new principal residence within 18 calendar months from date of sale. 2. The Commissioner has been notified within 30

days from the date of sale through a prescribed tax return of his intention to avail of

exemption. 3. The tax exemption can be availed of once every 10 years.

Page 28: Individual Income Taxation

Tax Rates: Non-resident Alien ETB Section 25A1

For compensation, business, profession, others:

Rate of tax of individuals:Not over P10,000 5%Next P20,000 10%Next P40,000 15%Next P70,000 20%Next P110,000 25%Next P250,000 30%Over P500,000 32%

Page 29: Individual Income Taxation

Tax Rates On Passive Income Section 25A2 NRAETBP

1. Interest on currency bank deposit, in Phil 20%2. Yield, monetary benefit – deposit substitutes,

trust fund, similar arrangement, in Phil 20%3. Interest Income from a depository bank

under the Expanded Foreign Currency Deposit System 7.5% (If received by Non-Resident Citizen : exempt)

Page 30: Individual Income Taxation

Tax Rates On Passive IncomeSection 25A2 NRAETBP

4. Royalty income on books, literary, musical work in the Phil 10% 5. Other royalty income, in the Phil 20%

6. Prizes: over P10,000, earned in the Phil 20%

(P10,000 or less – part of gross income

subject to 5 to 32%) 7. Other Winnings 20% (If from Phil Charity Sweepstakes and

Lotto Draws: Exempt)

Page 31: Individual Income Taxation

Tax Rates On Passive IncomeSection 25A2 NRAETBP

8. Interest on long-term deposit or investment in

the form of savings, common or individual trust funds, deposit substitutes, investment management accounts and other investments evidenced by certificates in forms prescribed by BSP for 5 years of more - Exempt for income tax

Taxable, if preterminated:4 years to less than 5 years 5%3 years to less than 4 years 12%Less than 3 years 20%

Page 32: Individual Income Taxation

Tax Rates On Shares of StocksSection 25A3 NRAETBP

Capital gain on sale of shares of stocks not tradedin the Stock Exchange:

Not over P100,000 5%Amount in excess of P100,000 10%

Page 33: Individual Income Taxation

On Real Properties (Capital Assets) Section 25A3 NRAETBP

If sold to private buyer:Selling price or FMV, whichever is higher 6%

If sold to government:At the option of the seller: declare the net gain under Section 24A or declare under Sec 24D

Page 34: Individual Income Taxation

Tax Rates: Non-resident Alien NETB Section 25B

For compensation, business, profession, othersand passive income and all other sources exceptcapital gains on shares of stocks and real properties classified as capital assets:

25% on the gross income

Page 35: Individual Income Taxation

Tax Rates On Shares of StocksSection 25B NRANETBP

Capital gain on sale of shares of stocks not tradedin the Stock Exchange:

Not over P100,000 5%Amount in excess of P100,000 10%

Page 36: Individual Income Taxation

On Real Properties (Capital Assets) Section 25B NRANETBP

If sold to private buyer:Selling price or FMV, whichever is higher 6%

If sold to government:At the option of the seller: declare the net gain under Section 24A or declare under Sec 24D

Page 37: Individual Income Taxation

Tax Rates: Estates and TrustsSection 60

Same rates as individuals under Section 24.

(But different formula in computing the tax base)

Page 38: Individual Income Taxation

Tax Rates: Co-owners

Same rates as individuals under Section 24.

(But different formula in computing the tax base)

Page 39: Individual Income Taxation

Tax Rates: Partners of GPPsSection 26

Same rates as individuals under Section 24.

Page 40: Individual Income Taxation

Rules on Non-resident Citizens

A Filipino non-resident who returns to the Phil to reside permanently therein, shall be treated as nonresident with respect to his income from abroad until the date of his arrival in the Phil.

2. The taxpayer shall submit proof to the BIR Commissioner to show his intention of leaving the Phil to reside permanently abroad or to return and reside in the Phil, as the case may be.

Page 41: Individual Income Taxation

Rules on Non-resident Citizen

3. Non-resident citizens are exempt from income tax on income earned from abroad but subject to tax on income from all sources within the Phil while he is residing outside the Phil.

4. Non-resident citizens without income from sources within the Phil need not file income tax returns.

Page 42: Individual Income Taxation

Rules on Husband and Wife

For married individuals, the husband and wife, subject to the provisions of Sec 51D, shall compute separately their income tax based on their respective taxable income. If however, the income cannot be attributed directly to one, the same shall be divided equally.

While computation is separate, filing of return shall be joint in accordance with Sec 51D. But if it is impracticable to file jointly, they may file separately but returns will be consolidated by BIR.

Page 43: Individual Income Taxation

Rules on Persons with Disability

If the taxpayer is unable to make his own return,his duly authorized agent or representative or his guardian or any other person in chargedwith the care of his person or property mayfile the return for him, with the representativeassuming the responsibility of incurring penaltiesfor erroneous, false or fraudulent returns.

Page 44: Individual Income Taxation

Rules on Co-ownership

Co-ownership exists whenever two or more persons own an undivided thing or right. It is not a juridical person and not considered a separate taxable entity.

For income tax purposes, the individual co-owners report their share of the income from the property owned in common in their individual income tax return.

Page 45: Individual Income Taxation

Rules on Co-ownership

The co-ownership arising from the death of a decedent is not subject to tax, if the activitiesis limited to the preservation of property andthe collection of income therefrom.

Should the co-owners invest the income of theco-ownership in any income-producing propertiesor invest additional capital to renovate or improvethe property, it becomes an unregisteredpartnership

Page 46: Individual Income Taxation

Rules on GPPs

GPPs are not subject to income tax.

Partners in GPPs are liable for income tax on their distributive share in their separate and individual capacities.

Each partner shall report as gross income his distributive share, actually or constructively received, in the net income of the partnership. For purposes of computing distributive shares, the net income of the partnership shall be computed in the same manner as a corporation.

Page 47: Individual Income Taxation

Definitions

Employer – the person for whom an individual performs any service, of whatever nature, as the employee of such person.

Employee – a fixed income earner deriving income out of an employer- employee relationship.

Self-employed- one who is engaged in business, trade or exercise of profession.

Page 48: Individual Income Taxation

Definitions

Professional – an individual who derives his income from the practice of his profession. This includes lawyers, CPAs, and others registered with the Professional Regulation Commission. The term also includes one who pursues an art and make his living thereon, such as artists, singers,

athletes,etc.

Sole Proprietorship – a form of business organization whose ownership rest entirely upon one person.

Page 49: Individual Income Taxation

Definitions

Statutory minimum wage (SMW)– refers to the

rate fixed by the Regional Tripartite Wage and Productivity Board, as defined by Bureau of Labor and Employment Statistics (BLES) of DOLE

Minimum wage earner (MWE)– refers to a worker in the private sector paid the SMW, or to an employee in the public sector with compensation income of not more than the SMW in the non- agricultural sector where he/she is assigned.

Page 50: Individual Income Taxation

Definitions

Immigrant – one who leaves the Phil to reside as an immigrant for which a foreign visa has been secured.

Permanent employee – one who leaves the Phil toreside abroad for employment on a more orless permanent basis.

Overseas Contract Worker – one who leaves the Philfor a contract of employment which is renewedfrom time to time during the taxable year under such circumstances as to require him tobe physically present abroad most of the time.

Page 51: Individual Income Taxation

Definitions

Estate refers to the total value of all the properties, rights and obligations of a decedent as of the time of death.

If some of the properties are income producing and the estate is still under settlement the estate is considered as

taxpayer, “Estate of Mr. Juan de la Cruz.”

Page 52: Individual Income Taxation

Definitions

Trust is an agreement whereby the property of a person is transferred to another for conversion or management and ultimately, the title to the property in trust (Corpus) as well as the income therfrom shall be transferred to the beneficiary as directed by the grantor

Page 53: Individual Income Taxation

Definitions

Co-ownership exists whenever two or more persons own an undivided thing or right.

It usually arises upon death of a decedent which is automatically terminated upon the partition and distribution of properties of the estate .

Page 54: Individual Income Taxation

Definitions

GPPs are partnerships formed by persons for the sole purpose of exercising theircommon profession, no part of the incomeof which is derived from engaging in any trade or business.

Page 55: Individual Income Taxation

Definitions

Multinational Company – a foreign firm or entity engaged in international trade with affiliates or subsidiaries or branch offices in the Asia Pacific Region and other foreign markets.

Regional Area Headquarters – a branch established– in the Philippines by MNCs and which headquarters

do not earn or derive income from the Phil and which acts as supervisory, communications and

coordinating center for affiliates, branches or subsidiaries in the APR and other FMs

Page 56: Individual Income Taxation

Definitions

Regional Operating Headquarters – a branch established in the Philippines by MNCs which are engaged in any of the ff: 1. general administration & planning 2. business planning & coordination 3. sourcing and procurement of raw materials and components 4. corporate finance advisory services 5. marketing control and sales

promotion

Page 57: Individual Income Taxation

Definitions

Regional Operating Headquarters – (Continued)

6. training and personnel management 7. logistic services 8. research and development services and product development 9. technical support and maintenance– 10. data processing and communication

11. business development

Page 58: Individual Income Taxation

Income Taxation

End of presentation . . .

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