Professional Documents
Culture Documents
MAY 5, 2019
Note: You do not deduct 250,000, but you only benefit from 250,000 because the applicable the NIT tax
rate is 20-35%.
REMEMBER: Pag ang income ay less than 3M, tapos yung option ay to be taxed at 8%. There is no
deduction. Forget all of these!
X (employer) Y (employee)
BUSINESS EXPENSE:
Basic Pay Basic Pay
Pag tinanggap ni Y,
De minimis benefit De minimis benefit COMPENSATION
Overtime pay Deduction in the Overtime pay
Holiday pay nature of business Holiday pay If Y is MWE: NO TAX
Hazard pay expense Hazard pay If Y is managerial/
Nightshift differential Nightshift differential supervisory/r&f: may tax
yung basic pay at ……..
RENTALS
If the lessee does not acquire any interest other No consequence. Y can never claim it as
than as a mere possessor, may be claimed as deduction.
deduction. Otherwise, (ie. Rent to own
agreement, if you purchase the property) X cannot
claim it as deduction. In lieu thereof, X may claim
DEPRECIATION of the assets.
CAPITAL EXPENSE
You have capital expense when you buy ordinary When you buy an asset, walang tawag yung
assets. You cannot claim it as a business expense. expense. As Y is concerned all the assets he buys
In lieu thereof, the asset can be depreciated. are considered CAPITAL ASSETS because he is not
engaged in trade or business.
BAD DEBT
If X is a creditor di siya nabayaran.
For the bad debt to be claimed as a deduction, it
should be classified as worthless or completely
charged of.
Q: Does A realizes income if X pays RPT of the Q: Does A realizes income if X pays RPT of the
property rented out? property rented out?
A: Yes. That is income on the part of A. A: Yes. That is income on the part of A.
Q: Can X claim the RPT paid on the rented building Q: Can Y claim the RPT paid on the rented house
as a deductible expense? as a deductible expense?
DELA CRUZ | PASTRANA
TAXATION LAW REVIEW | ATTY. LUMBERA | FINALS
A: Yes. It is related to the trade of business that he A: No. Y is never entitled to any deduction.
is engaged in.
If Y buys the rented building, Y pays the RPT as he
If X buys the rented building, X pays the RPT as he is now the owner.
is now the owner. Q: Can Y claim the RPT paid as a deduction?
Q: Can X claim the RPT paid as a deduction? A: No. Never as he is a compensation income
A: Yes. It is an expense necessary in his trade of earner.
business.
As X is now the owner paying the RPT for 4k 2018. As Y is now the owner paying the RPT for 4k 2018.
Within the 2-year period for claiming tax refund, X Within the 2-year period for claiming tax refund, Y
realized that he paid more than what is due. X realized that he paid more than what is due. Y
claimed refund in 2018. 2k Refund was given in claimed refund in 2018. 1k Refund was given in
2020. What is the effect of the refund over the tax 2020. What is the effect of the refund over the tax
previously paid? previously paid?
A: Use the Tax Benefit Rule. It shall be treated as A: It is never an income on Y’s part. That is just a
income in the year of recovery. In 2020, X will have return of his capital.
to declare 2k as income.
X may biniling kawali worth 30k in 2018. Y may biniling kawali worth 15k.
X cannot claim it as a deduction because it is a
capital expenditure. Deduction X
Depreciation X
Kawali is an ordinary asset, particularly, it is Casualty loss X
property used in trade or business which subject Reason: He is a purely compensation income
to allowance for depreciation. earner.
Note:
Pag bumili kang asset = the business expense is
converted to capital expenditure. Because it is a
capital expenditure, you purchased an ordinary
asset. In lieu thereof, instead of business expense,
the deduction is converted to depreciation. Once
you lose the asset by casualty loss, you stop
depreciation. The expense is transformed to
another form in the nature of casualty loss.
X gave 100k to CI, RI, NSNPEI, and government Y gave 100k to CI, RI, NSNPEI, and government
Income Taxable Charitable/Religious 100K
CI/RI 100K w/in no institution
NSNPEI 100k w/in no NSNPEI 100k
Gov 100k w/in no Government 100k
Income tax:
Not subject to income tax because gifts, Same rules except donor’s/Estate tax Refer to
bequest, and devices are items of EXCLUSIONS table above.
Donor’s tax:
No. Provided not more than 30% is used for
administration purposes.
DELA CRUZ | PASTRANA
TAXATION LAW REVIEW | ATTY. LUMBERA | FINALS
Estate tax:
No. Provided not more than 30% is used for
administration purposes.
Deduction?
Illustration:
X donated 3M to F. F bought posters from P. P earns, it is revenue on his part. It is an
expense on the part of X. X becomes the withholding agent of the 5% of the 3M nung
binayaran si P. Pag walang proof na winithhold si 5%, X will have to declare the entire
3M as part of his income, subject to income tax and also subject to donor’s tax. (*di
winithhold or di ginamit*)
Donor pays donor’s tax. The purpose of the gift is campaign contribution. If the gift
was not spent for campaing expenditure, the remedy of the donor is to REVOKE the
donation for failure to comply with the condition of the donation. If you did not
revoke, that means donor agreed that the purpose was altered. Therefore, he is liable
for the 6%.
Note: Di pwedeng magbigay ng campaign contribution na nasa testamentary disposition. Estate tax
does not apply here.
PENSION
Illustration:
With private retirement plan
X maintains a private retirement plan, approved by the BIR, pays contribution, employers
side, 100 php per employee. Lahat ng pondo na naiipon ay iniinvest ng lahat ng er. On the
part of Y, the plan is non-contributory. Y contributes zero to the fund. When X pays 100
contribution to the retirement plan, is it deductible?
Yes.
DELA CRUZ | PASTRANA
TAXATION LAW REVIEW | ATTY. LUMBERA | FINALS
Y contributes nothing to the plan. If Y retires, the retirement is 1.5M, the 1.5 is deducted from the fund
but not from X because X contributes to the fund. The retirement fund is considered a separate tax
entity.
The fund is taken out from X as an independent tax entity. Such that Y retires, the retirement benefit is
derived from the plan and not from X. Hence, it is not deductible as an expense.
DEDUCTIBLE Yes No
Section 36 (A)
Illustration:
1M proceeds. 10% interest…na premium. Napunta kay W. Natigok si Y.
W X Y
DELA CRUZ | PASTRANA
TAXATION LAW REVIEW | ATTY. LUMBERA | FINALS
1M proceeds Taxable
income
10% interest Taxable
income
“others”
premium Excluded (?) Excluded (?)
Return of premium Not income Not income
- Excluded under Sec. 32 - Excluded under Sec. 32
(b) 2 (b) 2
- Return of capital - Return of capital
***Ang gulo nung nasa taas ***
Illustration:
Scenario number 1:
Q: 1M received by W, wife of X or Y, received proceeds, interest, and return of premium.
Subject to estate tax?
A: It depends.
If wife is the administatrix, whether revocable or irrevocable, included in the gross estate =
SUBJECT TO ESTATE TAX
If W is not one of the four, the designation being revocable, subject to estate tax.
If W is not one of the four, the designation being irrevocable, excluded.
Scenario number 2:
Q: X insured his life. Y insured his life. Both are insured. The only difference is that the 5k
premium on the part of Y is paid by X. Can Y claim as deduction?
A: Never.
Q: Is there income on the part of Y?
A: Yes. Taxable.
Q: Can X, when he shouldered the premium for Y’s insurance, can Y claim it as deduction?
A: Never! That is not necessary to his trade or business kahit pa anong business.
Note: Di siya deductible kasi insurance is not taken for/in behalf of a key employee to benefit the
employer. This scenario falls under the third scenario. Sa scenario 2, er did not insure the life of the
employee, he merely paid the premium. The beneficiary gets the proceeds)
Ibang usapan din kung yung payment of premium is part of the fringe benefit. If it part of the FB,
you apply the FBT on the part of the income. Definitely, it will be deductible.
Scenario number 3:
Q: X insures the life of Y, his employee. The 5k premium is paid by X. Directly or indirectly, the
beneficiary is the tapsilugan business of X.
A: No. Under Sec. 36 (a) 4, bawal!
Q: If Y dies, 1M proceeds, interest, and return of premium, kay X mapupunta kasi siya yung
beneficiary.
A: 1M proceeds: income but not taxable. Excluded.
Interest: Yes. Taxable.
DELA CRUZ | PASTRANA
TAXATION LAW REVIEW | ATTY. LUMBERA | FINALS
ROP: Not income. Excluded.
Q: From the estate tax point of view, when Y died, are the 3 subject to estate tax?
A: Whether alive or dead, you do not receive a single benefit. Therefore, everything is excluded
form gross estate. Not subject to estate tax.
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X spends to earn from his tapsilogan. Also, he spends for his family and living expenses.
What are the revenues that are taxable?
What are the expenditures that are deductible?
X Y
- Both X and Y, whether X is a corporation or an individual, when both sides spends, they create
income for others.
- Whoever creates income, becomes the withholding agent.
GR: When you are engaged in trade or business, GR: You are not allowed to tong.
whenever income is created from your expense, XPN: CGT – 6% FWT of the FMV/GSP whichever is
you become a withholding tax agent for and in higher. Seller earns income. Buyer incur expense.
behalf of the government. Upon receipt of Buyer pays CGT.
income, tong is immediately done. Then you remit
it to the BIR. Yung purchase price na bibigay ko sayo,
babawasan ko ng 6%. Seller is liable to the tax due,
withheld by the buyer.
Such as when X pays Y. X creates income for Y.
That is expense for his end, creating income for
the other side. Hence, X is required to tong.
When X pays Rentals, X spends in the nature of an When Y, who is a compensation income earner,
expense, but he creates income for the lessor. pays rentals to C, Y cannot make a tong. He is not
Therefore, X is required to tong. engaged in trade of business. He is not registered
as a withholding agent.
Transactions:
1. Sale of goods in the course of trade or business
2. Sale of service in the course of trade or business
3. Importation of goods
DELA CRUZ | PASTRANA
TAXATION LAW REVIEW | ATTY. LUMBERA | FINALS
GOODS:
For purposes of VAT, real properties is considered goods.
So if you are engaged in real estate business (brokering estate), developing subdivision house and lots,
you call the property GOODS for VAT purposes.
SERVICE:
Absence of employer-employee relationship. If there is EER, there is no VAT kasi exempted.
IMPORTATION OF GOODS:
Reason:
VAT of 12% is imposed for every/each, as many sale as you do, 12% is imposed in every sale transaction.
INPUT VAT
Expenses
Interest on loans X
Taxes X
Losses X
Bad debt X
Charitable contribution X
TAPSILUGAN
Kita- gross income
Gastos- allowable deductions
In view of the foregoing, there shall be no variance between your VAT declaration and in your income tax
declaration. Because if you do then that means, you are fooling around.
DELA CRUZ | PASTRANA
TAXATION LAW REVIEW | ATTY. LUMBERA | FINALS
Same transaction: Madaming output v. input VAT payable
a. Income tax Income side: Madaming output v. input kumikita ka
b. VAT
Reason: Madami kang kinita sa ginastos
Y, empleyado. Kumikita ng Compensation Income. The tax is NIT. Pero lahat ng gastos ay hindi business-
related expenditures kasi hindi siya engaged in trade or business. When he spends, somebody earns. As a
compensation income earner, may input, pero walang output. Nevertheless, you cannot refund excess
input kasi you are a compensation income earner.
So when the seller sells to the buyer, VAT is imposed. The is OUTPUT VAT on the part of the seller. Pero si
Y, cannot avoid 12% and say “studyante lang ako.” Because every time you buy, somebody sells in the
course of business, plus 12%.
Note: You are only allowed to credit input from output if you are engaged in trade or business.
VAT transactions:
If you declare for income tax purposes, you declare the GI 100php which does not include the 12%
If you declare for VAT purposes, you declare gross sales which shall include the 12%.
Sa VAT SIDE, kelangan specified yung gross revenue mo, which is 112php. Ang output VAT which is 12.
VAT and Income tax magkabuntot. If you have income tax deficiency, you have VAT deficiency.
60 days na, di pa nabebenta ni X yung mga bote ng atchara ni C. Deemed Sold. May 12% VAT.
62nd day, kumuha ng bote. Actually sold. May VAT pa rin kahit naVATan na. “Bawat benta. Per
sale”
NOLCO
Loss sustained in the operations when your itemized deductions or expenses are more than your
income. In other words, lugi. Dahil lugi-negative, imultiply mo yan sa NIT rates = ZERO INCOME
NOLCO is only applicable if the taxpayer is a corporation. For an individual, the carry over does not apply.
The only effect of loss is you do not pay any tax.
Illustration:
X an individual. X a corporation. Y an individual.
X individual- tapsi earning 4M - Cost of sales 1.2 = 3,800,000 – deduction of 1,700,000 =
1,100,000
Since he availexd of the EITDBCPR: Taxable income x tax rates: Income tax due
Y-individual.
- No kita from t/b kaya zero output
- No bawas
- Madaming input bawal icredit
- May tax due based on compensation income
- The 12% input VAT, no effect
DELA CRUZ | PASTRANA
TAXATION LAW REVIEW | ATTY. LUMBERA | FINALS
Lugi.
Benta: 4M
Cost of sales: 1,200,000
3,800,000
3,500,000 (itemized deductions)
-700,000 net operating loss
If you have excess input VAT in one year, once mo lang siya pwedeng dalhin sa susunod. Failure to
credit, under the train law, you only credit ONCE. Failure to credit excess input VAT, you cannot claim it
anymore for any purpose.
In 2022, may babayaran kang MCIT. “Beginning the 4th year following the commencement of its
operation” di ka magbabayad ng 30%.
Note: The NOLCO, the carry-over is allowed for the next 3 years for the corporation, but without
prejudice to the MCIT of 2%.
Note:
In case of a corporate taxpayers, in the event of net operating loss at the end of the year, the corporate
tax payer has the right to carry over the net operating loss for the next three years after the loss, but
without prejudice to the application of the MCIT of 2% if the year when the carry-over is effected is already
on the 4th year. It is always subject to imposition of 2%.
Zero-rate
NIRC TRAIN
Lease of residential units 12,800 15,000
Low cost housing units Exempt; no threshold
Socialized housing units Exempt; no threshold
Residential lot
Note: You do not deduct 250,000, but you only benefit from 250,000 because the applicable the NIT tax
rate is 20-35%.
REMEMBER: Pag ang income ay less than 3M, tapos yung option ay to be taxed at 8%. There is no
deduction. Forget all of these!
X (employer) Y (employee)
BUSINESS EXPENSE:
Basic Pay Basic Pay
Pag tinanggap ni Y,
De minimis benefit De minimis benefit COMPENSATION
Overtime pay Deduction in the Overtime pay
Holiday pay nature of business Holiday pay If Y is MWE: NO TAX
Hazard pay expense Hazard pay If Y is managerial/
Nightshift differential Nightshift differential supervisory/r&f: may tax
yung basic pay at ……..
RENTALS
If the lessee does not acquire any interest other No consequence. Y can never claim it as
than as a mere possessor, may be claimed as deduction.
deduction. Otherwise, (ie. Rent to own
agreement, if you purchase the property) X cannot
claim it as deduction. In lieu thereof, X may claim
DEPRECIATION of the assets.
CAPITAL EXPENSE
DELA CRUZ | PASTRANA
TAXATION LAW REVIEW | ATTY. LUMBERA | FINALS
You have capital expense when you buy ordinary When you buy an asset, walang tawag yung
assets. You cannot claim it as a business expense. expense. As Y is concerned all the assets he buys
In lieu thereof, the asset can be depreciated. are considered CAPITAL ASSETS because he is not
engaged in trade or business.
BAD DEBT
If X is a creditor di siya nabayaran.
For the bad debt to be claimed as a deduction, it
should be classified as worthless or completely
charged of.
Q: Does A realizes income if X pays RPT of the Q: Does A realizes income if X pays RPT of the
property rented out? property rented out?
A: Yes. That is income on the part of A. A: Yes. That is income on the part of A.
Q: Can X claim the RPT paid on the rented building Q: Can Y claim the RPT paid on the rented house
as a deductible expense? as a deductible expense?
A: Yes. It is related to the trade of business that he A: No. Y is never entitled to any deduction.
is engaged in.
If Y buys the rented building, Y pays the RPT as he
If X buys the rented building, X pays the RPT as he is now the owner.
is now the owner. Q: Can Y claim the RPT paid as a deduction?
Q: Can X claim the RPT paid as a deduction? A: No. Never as he is a compensation income
A: Yes. It is an expense necessary in his trade of earner.
business.
As X is now the owner paying the RPT for 4k 2018. As Y is now the owner paying the RPT for 4k 2018.
Within the 2-year period for claiming tax refund, X Within the 2-year period for claiming tax refund, Y
realized that he paid more than what is due. X realized that he paid more than what is due. Y
claimed refund in 2018. 2k Refund was given in claimed refund in 2018. 1k Refund was given in
2020. What is the effect of the refund over the tax 2020. What is the effect of the refund over the tax
previously paid? previously paid?
A: Use the Tax Benefit Rule. It shall be treated as A: It is never an income on Y’s part. That is just a
income in the year of recovery. In 2020, X will have return of his capital.
to declare 2k as income.
X may biniling kawali worth 30k in 2018. Y may biniling kawali worth 15k.
X cannot claim it as a deduction because it is a
capital expenditure. Deduction X
Depreciation X
Kawali is an ordinary asset, particularly, it is Casualty loss X
property used in trade or business which subject Reason: He is a purely compensation income
to allowance for depreciation. earner.
DELA CRUZ | PASTRANA
TAXATION LAW REVIEW | ATTY. LUMBERA | FINALS
Q: If ordinary asset, is it VATABLE? In 2021, ninakaw ni M yung kawali. Since di siya
naglilista sa book, we will use the FMV in 2021. In
2021, the FMV is 7k.
Deduction X Q: Income on the part of M?
Depreciation A: Yes.
Casualty loss Q: Can Y claim casualty loss?
A: Never.
2018 2019 2020 2021 2022 2023
24K 18K 12K 6K 0 Q: In 2023, M returned the kawali. The value of
which is now 1k pesos. What is the effect of the
Every year, X claims depreciation expense of 6k. subsequent recovery?
Pag dating ng 2024, wala na/ it is fully A: It is not income. It is a mere return of capital.
depreciated. Ubos na yung presyo ng No deduction.
pagkakabili mo ng kawali. But it does not mean
na pag 2024 wala nang value yung kawali. Pag
ginagamit mo pa, may economic value/ salvage
value.
Note:
Pag bumili kang asset = the business expense is
converted to capital expenditure. Because it is a
DELA CRUZ | PASTRANA
TAXATION LAW REVIEW | ATTY. LUMBERA | FINALS
capital expenditure, you purchased an ordinary
asset. In lieu thereof, instead of business expense,
the deduction is converted to depreciation. Once
you lose the asset by casualty loss, you stop
depreciation. The expense is transformed to
another form in the nature of casualty loss.
X gave 100k to CI, RI, NSNPEI, and government Y gave 100k to CI, RI, NSNPEI, and government
Income Taxable Charitable/Religious 100K
CI/RI 100K w/in no institution
NSNPEI 100k w/in no NSNPEI 100k
Gov 100k w/in no Government 100k
Income tax:
Not subject to income tax because gifts, Same rules except donor’s/Estate tax Refer to
bequest, and devices are items of EXCLUSIONS table above.
Donor’s tax:
No. Provided not more than 30% is used for
administration purposes.
Estate tax:
No. Provided not more than 30% is used for
administration purposes.
Deduction?