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ID OR OSD
H/H
INCOME
DISTRIBUTED TO
HEIRS OR
BENEFICIARIES
PERSONAL AND
ADDITIONAL
EXEMPTIONS
P20,000 SPECIAL
EXEMPTION
SUMMARY OF ALLOWABLE
DEDUCTIONS
DEDUCTIONS TRUSTS CORPORATIONS PARTNERSHIPS
ID OR OSD
H/H
INCOME
DISTRIBUTED
TO HEIRS OR
BENEFICIARIES
PERSONAL AND
ADDITIONAL
DEDUCTIONS
P20,000 SPECIAL
EXEMPTION
OPTIONAL STANDARD
DEDUCTION
OPTIONAL STANDARD DEDUCTION IS THE
DEDUCTION WHICH CAN BE TAKEN IN
LIEU OF IDs (BOTH ORDINARY AND
SPECIAL IDs).
WHO MAY CLAIM THE OSD?
FOR INDIVIDUALS: CITIZENS, RESIDENT
ALIENS, ESTATES AND TRUSTS
FOR CORPORATIONS: ONLY DOMESTIC
AND RESIDENT FOREIGN CORPORATIONS
AMOUNT OF OSD (FOR INDIVIDUALS)
OR
40% OF GROSS RECEIPTS, NET OF RETURNS,
ALLOWANCES, AND DISCOUNTS (CASH BASIS) +
OTHER TAXABLE INCOME FROM OPERATIONS
NOT SUBJECT TO FTs
NOTE: OSD IS IN LIEU OF COGS (OR COS) +
ITEMIZED DEDUCTIONS
AMOUNT OF OSD (FOR CORPORATIONS)
REQUISITES:
1. TAXPAYER MUST BE AN INDIVIDUAL;
2. GROSS INCOME OF FAMILY IS LESS THAN OR
EQUAL TO 250,000 FOR THE TAXABLE YEAR;
3. IF MARRIED WITH NO DEPENDENTS, THE
HUSBAND CLAIMS THE DEDUCTION;
4. IF MARRIED WITH QUALIFIED DEPENDENTS,
SPOUSE CLAIMING THE ADDITIONAL
EXEMPTIONS IS ENTITLED TO THIS
DEDUCTION.
5. DEDUCTION IS CLAIMABLE BY THE SPOUSE
WHO ACTUALLY PAID THE PREMIUMS.
HEALTH AND/OR HOSPITALIZATION
PREMIUM (HH) (SEC. 34(M))
P6,000 P5,000
P2,500 P4,000
P6,000 P4,500
P25,000 P15,000
INTEREST EXPENSE
EXCEPTIONS: WHERE INTEREST EXPENSE IS
DEDUCTIBLE IN FULL
IF TAXPAYER HAS NO INTEREST INCOME
SUBJECT TO FT;
INTEREST ON ALL UNPAID BUSINESS-RELATED
TAXES (RR 13-2000);
INTEREST PAYMENTS OF AN OCCUPANT OF A
SOCIALIZED HOUSING PROJECT INCURRED
FOR THE CONSTRUCTION OF PURCHASE OF
THE HOUSE (R.A. 7279).
INTEREST EXPENSE
INTEREST EXPENSES INCURRED IN
ACQUIRING ASSETS, SUCH AS
BUILDING, MACHINERIES, OFFICE
EQUIPMENT AND FURNITURE, TO BE
USED IN BUSINESS SHALL BE IN THE
DISCRETION OF THE TAXPAYER
WHETHER TO BE USED AS CAPITAL OR
AS AN OUTRIGHT DEDUCTION FROM
GROSS INCOME IN THE YEAR OF
ACQUISITION.
INTEREST EXPENSE
NON-DEDUCTIBLE INTEREST EXPENSE (SEC.
34(B)(2))
INTEREST PAID IN ADVANCE (THRU
DISCOUNT) BY A CASH-BASIS TAXPAYER. THE
INTEREST EXPENSE IS NOT ALLOWED TO BE
DEDUCTED IN THE YEAR THE CASH-BASIS
TAXPAYER TAKES OUT THE LOAN. THE
INTEREST EXPENSE WILL BE DEDUCTED ONLY
IN THE YEAR THE DEBT IS PAID.
IF DEBT IS INCURRED TO FINANCE PETROLEUM
EXPLORATION.
INTEREST ON PREFERRED STOCK WHICH IS
ACTUALLY A DIVIDEND.
INTEREST EXPENSE
NON-DEDUCTIBLE INTEREST EXPENSE
(SEC. 34(B)(2))
INTEREST EXPENSE ATTRIBUTABLE TO
INCOME WITHOUT THE PHILIPPINES OF
AN ALIEN OR FOREIGN CORPORATION.
INTEREST ON DEBT INCURRED TO
PURCHASE A TAX-EXEMPT SECURITY.
INTEREST WHICH IS NOT STIPULATED
IN WRITING.
INTEREST EXPENSE
NON-DEDUCTIBLE INTEREST EXPENSE (SEC.
34(B)(2))
INTEREST PAID BETWEEN MEMBERS OF A
FAMILY OR RELATED TAXPAYERS UNDER
SECTION 36(B):
a) BETWEEN TAXPAYER AND HIS
BROTHERS/SISTERS, SPOUSE, ANCESTORS,
AND LINEAL DESCENDANTS;
b) BETWEEN GRANTOR AND A FIDUCIARY
(TRUSTEE) OF A TRUST;
c) BETWEEN FIDUCIARIES OF 2 TRUSTS HAVING
THE SAME GRANTOR;
d) BETWEEN THE FIDUCIARY AND A
BENEFICIARY OF A TRUST;
INTEREST EXPENSE
e) BETWEEN A CORPORATION AND AN
INDIVIDUAL WHO OWNS, DIRECTLY OR
INDIRECTLY MORE THAN 50% IN VALUE OF THE
OUTSTANDING STOCK OF SUCH CORPORATION
(EXCEPT IN CASES OF DISTRIBUTIONS IN
CORPORATE LIQUIDATION);
f) BETWEEN 2 CORPORATIONS WHERE MORE
THAN 50% IN VALUE OF THE OUTSTANDING
CAPITAL STOCK OF EACH CORPORATION IS
OWNED, DIRECTLY OR INDIRECTLY, BY THE
SAME INDIVIDUAL (EXCEPT IN CASES OF
DISTRIBUTIONS IN CORPORATE LIQUIDATION).
TAXES
REQUISITES:
• PAID OR INCURRED WITHIN THE
TAXABLE YEAR;
• MUST BE CONNECTED WITH THE
PROFESSION, TRADE, OR BUSINESS OF
THE TAXPAYER; AND
• IS DIRECTLY IMPOSED ON THE
TAXPAYER.
TAXES
EXAMPLES OF DEDUCTIBLE TAXES: IMPORT
DUTIES; BUSINESS TAXES (LIKE PERCENTAGE
TAXES); LOCAL BUSINESS TAXES; COMMUNITY
TAX; OCCUPATION TAX; PRIVILEGE AND
LICENSE TAXES; EXCISE TAXES;
DOCUMENTARY STAMP TAX; AUTOMOBILE
REGISTRATION FEES; REAL PROPERTY TAX.
EXAMPLES OF NON-DEDUCTIBLE TAXES: INCOME
TAX; FOREIGN INCOME TAX IF CLAIMED AS A
TAX CREDIT; ESTATE TAX; DONOR’S TAX;
SPECIAL ASSESSMENTS; VAT; FINAL TAXES;
STOCK TRANSACTION TAX UNDER SEC. 127(A);
CAPITAL GAINS TAX.
TAXES
NOTES:
VAT IS NON-DEDUCTIBLE EXCEPT INPUT
VAT ALLOCATED TO EXEMPT SALES (IS
DEDUCTIBLE).
FINES AND PENALTIES IMPOSED DUE TO
LATE PAYMENT OF TAX ARE NOT
DEDUCTIBLE. BUT INTEREST IMPOSED DUE
TO THE SAME IS DEDUCTIBLE.
TAX BENEFIT RULE APPLIES TO REFUND OF
DEDUCTIBLE TAXES.
ILLUSTRATION 4
MR. A, A SINGLE PROPRIETOR IN A
TRADING BUSINESS, CONDUCTS
HIS BUSINESS IN A BUILDING
WHERE HE USES THE FIRST FLOOR
AS HIS STORE AND THE SECOND
FLOOR AS HIS RESIDENCE. IN 2013,
HE MADE THE FOLLOWING
PAYMENTS OF TAXES:
ILLUSTRATION 4
REGISTRATION FEE FOR 2012 OF THE BUSINESS WITH P500
THE B.I.R
INCOME TAX OF 2012 200,000
VALUE-ADDED TAX (INCLUDING INTEREST OF P20,000 420,000
AND SURCHARGES OF P60,000)
FRINGE BENEFIT TAX ON BENEFIT GIVEN TO THE 32,000
MANAGER
COMMUNITY TAX 2,005
REAL ESTATE TAX ON LAND AND BUILDING 3,500
CITY BUSINESS TAXES AND CITY MAYOR’S PERMIT 5,500
MOTOR VEHICLE REGISTRATION FEE (CAR IS FOR 3,050
NON-BUSINESS USE) INCLUDING INTEREST OF p50
AND SURCHARGE OF PENALTY OF P1,500
TAX CREDIT
IT IS A RIGHT OF AN INCOME TAXPAYER TO
DEDUCT FROM INCOME TAX PAYABLE THE
FOREIGN INCOME TAX HE HAS PAID TO HIS
FOREIGN COUNTRY SUBJECT TO
LIMITATION.
WHO MAY CLAIM TAX CREDITS?
ONLY TAXPAYERS TAXBLE ON WORL INCOME
SUCH AS DOMESTIC CORPORATIONS AND
RESIDENT CITIZENS CAN CLAIM DEDUCTION
OR TAX CREDIT FOR FOREIGN INCOME TAXES
PAID.
TAX CREDIT
LIMITATIONS ON TAX CREDIT: (SEC. 34(C)(4)
• 1ST LIMITATION
(TAXABLE INCOME (PER FOREIGN COUNTRY)
DIVIDED BY TOTAL TAXABLE
INCOME)*PHILIPPINE INCOME TAX = LIMIT
2ND LIMITATION
(TAXABLE INCOME (ALL FOREIGN COUNTRIES)
DIVIDED BY TOTAL TAXABLE
INCOME)*PHILIPPINE INCOME TAX = LIMIT
TAX CREDIT
RULES IN APPLICATION OF THE LIMITS
FORMULA:
IF THERE IS ONE FOREIGN COUNTRY
INVOLVED, USE ONLY THE FORMULA FOR THE
FIRST LIMITATION.
IF THERE ARE TWO OR MORE FOREIGN
COUNTRIES INVOLVED, USE BOTH FORMULA.
IN CASE BOTH FORMULAS ARE USED, TWO TAX
CREDITS WILL BE COMPUTED. ONE BASED ON
THE FIRST LIMT, AND THE OTHER BASED ON
THE SECOND LIMIT.
THE FINAL TAX CREDIT IS WHICHEVER IS THE
LOWER BETWEEN THE TWO AMOUNTS.
ILLUSTRATION 5
GROSS BUSINESS FOREIGN
INCOME EXPENSES TAX
PHILIPPINES P350,000 P150,000
U.S.A. 500,000 200,000 P98,000
CANADA 100,000 50,000 20,000
JAPAN 250,000 300,000
LOSSES
ORDINARY LOSSES
BUSINESS LOSSES – LOSSES INCURRED IN THE
TRADE, PROFESSION, OR BUSINESS OF THE
TAXPAYER.
CASUALTY LOSSES – DUE TO MISHAP, ACCIDENT,
FORTUITOUS EVENT, ROBBERY, THEFT,
EMBEZZLEMENT OF PROPERTY USED IN THE
TRADE, PROFESSION, OR BUSINESS OF THE
TAXPAYER.
NET OPERATING LOSS – EXCESS OF ALLOWABLE
DEDUCTION ( EXCLUDES NOLCO AND ANY ITEM OF
INCENTIVE DEDUCTION UNDER SPECIAL LAWS
THAT DOES NOT INVOLVE ANY CASH OUTLAY)
OVER GROSS INCOME IN A TAXABLE YEAR.
LOSSES
REQUISITES OF CASUALTY LOSSES:
• MUST INVOLVE ORDINARY PROPERTIES;
• ACTUALLY SUSTAINED;
• NOT CLAIMED AS A DEDUCTION FOR
ESTATE TAX PURPOSES;
• NOT COMPENSATED FOR BY INSURANCE
OR BY OTHER FORMS OF INDEMNITY;
• MUST BE REPORTED TO THE BIR WITHIN
45 DAYS FROM THE DATE OF LOSS.
LOSSES
IF LOSS IS TOTAL, THE DEDUCTIBLE
AMOUNT IS THE BOOK VALUE OF THE
ASSET LESS ANY AMOUNT OF INSURANCE
PROCEEDS OR COMPENSATION RECEIVED.
IF LOSS IS PARTIAL, THE DEDUCTIBLE
AMOUNT IS THE REPLACEMENT COST OR
BOOK VALUE OF THE ASSET, WHICHEVER IS
LOWER. IF REPLACEMENT COST IS
GREATER THAN BOOK VALUE, THE EXCESS
SHALL BE CAPITALIZED AND DEPRECIATED
OVER THE REMAINING USEFUL LIFE OF THE
PROPERTY.
LOSSES
NET OPERATING LOSS CARRY-OVER CAN BE
AVAILED OF BY INDIVIDUAL TAXPAYERS
ENGAGED IN TRADE, BUSINESS, OR A
PROFESSION, ESTATES AND TRUSTS,
DOMESTIC AND RESIDENT FOREIGN
CORPORATIONS SUBJECT TO THE NORMAL
INCOME TAX, AND SPECIAL CORPORATIONS
SUBJECT TO PREFERENTIAL TAX RATES
(HOSPITAL CORPORATIONS, PROPRIETARY
EDUCATIONAL CORPORATIONS, AND
REGIONAL OPERATING HEADQUARTERS OF
MULTINATIONAL CORPORATIONS).
LOSSES
TAXPAYERS NOT ENTITLED TO NET
OPERATING LOSS CARRY-OVER:
OBUs AND FCDUs OF DOMESTIC OR
FOREIGN BANKING CORPRATIONS;
PEZA, SBMA, CDA, ETC. REGISTERED
ENTERPRISES WITH RESPECT TO THEIR
REGISTERED BUSINESSES;
FOREIGN CORPORATIONS ENGAGED IN
INTERNATIONAL SHIPPING OR AIR
CARRIAGE BUSINESS IN THE PHILIPPINES.
LOSSES
NO NET OPERATING LOSS CARRY-OVER IF NET
OPERATING LOSS WAS INCURRED IN A YEAR
DURING WHICH TAXPAYER WAS EXEMPT FROM
INCOME TAX.
A LOSS IN ONE LINE OF BUSINESS WHICH IS
TAX-EXEMPT IS NOT PERMITTED AS A
DEDUCTION IN ANOTHER LINE OF BUSINESS
WHICH IS TAXABLE.
NET OPERATING LOSS CAN BE CARRIED OVER
AND DEDUCTED FROM GROSS INCOME FOR THE
NEXT 3 CONSECUTIVE TAXABLE YEARS.
LOSSES
FOR MINES, OTHER THAN OIL AND GAS WELLS,
NET OPERATING LOSS INCURRED WITHOUT
THE BENEFIT OF INCENTIVES PROVIDED
UNDER THE OMNIBUS INVESTMENT CODE, IN
ANY OF THE FIRST 10 YEARS OF OPERATIONS,
CAN BE CARRIED OVER AS DEDUCTIONS FOR
THE NEXT 5 YEARS FOLLOWING THE YEAR OF
LOSS.
NET OPERATING LOSS CARRY-OVER SHALL BE
ALLOWED ONLY IF THERE HAS BEEN NO
SUBSTANTIAL CHANGE IN THE OWNERSHIP OF
THE BUSINESS.
LOSSES
“NO SUBSTANTIAL CHANGE” MEANS MORE
THAN OR EQUAL TO 75% IN VALUE OF THE
OUTSTANDING SHARES OR MORE THAN OR
EQUAL TO 75% OF THE PAID-UP CAPITAL OF A
CORPORATION, IS HELD BY OR ON BEHALF OF
THE SAME PERSONS. (SEC. 34(D)(3))
NOTE: APPLIES TO TRANSFERS OF NET
OPERATING LOSS AS A RESULT OF A MERGER,
CONSOLIDATION, OR BUSINESS COMBINATION.
THIS MEANS THAT THE TRASFEREE IS NOT
ENTITLED TO THE NET OPERATING LOSS
CARRY-OVER UNLESS THE TRANSFEROR OWNS
AT LEAST 75% OF THE OUTSTANDING SHARES
OR AT LEAST 75% OF THE PAID-UP CAPITAL OF
THE TRANSFEREE.
ILLUSTRATION 6
A DOMESTIC CORPORATION HAD:
YEAR GROSS PROFIT BUSINESS
FROM BUSINESS EXPENSES
2012 P600,000 P700,000
2013 500,000 470,000
2014 900,000 850,000
2015 850,000 900,000
2016 920,000 620,000
ILLUSTRATION 7
THE TAXPAYER IS A DOMESTIC
CORPORATION.
DATA IN 2015:
GROSS PROFIT FROM SALES P1,600,000
OPERATING EXPENSES 1,800,000
DIVIDEND INCOME FROM DOMESTIC 20,000
CORPORATION
INTEREST INCOME ON TRADE NOTES 15,000
RECEIVABLE
CAPITAL GAIN ON DIRECT SALE TO BUYER OF 100,000
SHARES OF DOMESTIC CORPORATION
ILLUSTRATION 7
DATA IN 2016:
GROSS PROFIT FROM SALES P3,000,000
OTHER OPERATING EXPENSES 1,200,000
ON A LOSS BY FIRE OF A WAREHOUSE WHERE THE INSURANCE
COMPANY CARTED AWAY THE SCRAP:
COST 2,000,000
ACCUMULATED DEPRECIATION 800,000
INSURANCE RECOVERY 700,000
ON A LOSS BY EMBEZZLEMENT OF A BONDED CASHIER, 150,000
WHERE THERE IS A P50,000 BY A BONDING COMPANY,
AND WHERE A CASE WAS FILED IN COURT FOR THE
ENTIRE AMOUNT OF EMBEZZLEMENT OF
ILLUSTRATION 7
ON A LOSS BY ACCIDENT OF A DELIVERY EQUIPMENT, WITH THE
FOLLOWING DATA:
COST OF DELIVERY EQUIPMENT P1,500,000
ACCUMULATED DEPRECIATION 800,000
COST TO RETORE TO NORMAL OPERATING 250,000
CONDITION
INSURANCE RECOVERY 180,000
LOSSES
SPECIAL LOSSES
• LOSS OF INCOME WHICH WAS
PREVIOUSLY REPORTED UNDER THE
ACCRUAL METHOD.
• WAGERING LOSSES – DEDUCTIBLE ONLY
TO THE EXTENT OF GAINS OR WINNINGS.
NOTE: COST OF LOTTO OR SWEEPSTAKES
TICKET IS NOT DEDUCTIBLE FROM LOTTO
OR SWEEPSTAKES WINNING BECAUSE
SUCH WINNINGS ARE EXEMPT FROM TAX.
LOSSES
LOSS DUE TO THE VOLUNTARY
REMOVAL OF OLD BUILDINGS OR OLD
MACHINERY.
HOWEVER, WHERE A TAXPAYER BUYS
LAND ON WHICH STRUCTURES ARE
ERECTED AND THEN SUCH TAXPAYER
PROCEEDS TO REMOVE THE
STRUCTURES. IT IS PRESUMED THAT
THE PRICE OF THE LAND ALREADY
INCLUDES THE COST OF SUCH REMOVAL.
LOSSES
LOSS OF USEFUL VALUE – LOSS OF
USEFULNESS OF AN ASSET OR PROPERTY DUE
TO CHANGES IN BUSINESS CONDITIONS.
AMOUNT OF LOSS = BV – ACCUM. DEP. – SV
LOSS MUST BE CHARGED OFF THE BOOKS.
ABANDONMENT LOSSES IN PETROLEUM
OPERATIONS – WHEN PETROLEUM
OPERATIONS ARE ABANDONED, ALL
ACCUMULATED EXPLORATION AND
DEVELOPMENT EXPENDITURES, AS WELL AS,
UNAMORTIZED COSTS AND UNDEPRECIATED
COSTS OF EQUIPMENT CAN BE DEDUCTED;
LOSSES
SECURITIES, SHARES OF STOCK (CLASSIFIED
AS ORDINARY ASSETS) BECOMING
WORTHLESS
AMOUNT OF LOSS = COST OR BASIS OF SHARES
OF STOCK
LOSSES FROM WASH SALES OF SHARES OF
STOCK WHERE SELLER IS A DEALER IN
SECURITIES – WASH SALE IS A SALE OF A
SECURITY IF, WITHIN A PERIOD OF 30 DAYS
BEFORE THE DATE OF SALE AND ENDING 30
DAYS AFTER SUCH SALE, THE TAXPAYER
PURCHASED THE SAME IDENTICAL SHARES.
LOSSES
NON-DEDUCTIBLE LOSSES
EXCHAGES SOLELY IN KIND PURSUANT TO
MERGERS OR CONSOLIDATIONS UNDER
SEC. 40(C)(2).
LOSSES FROM SALES OR EXCHANGES
BETWEEN RELATED TAXPAYERS UNDER
SEC. 36(B).
LOSSES FROM WASH SALES WHERE THE
SELLER IS NOT A DEALER IN SECURITIES.
BAD DEBTS
REQUISITES:
THERE MUST BE A VALID AND SUBSISTING
DEBT OWED THE TAXPAYER;
THE DEBT MUST BE CONNECTED WITH THE
TRADE, BUSINESS, OR PROFESSION OF THE
TAXPAYER;
THE DEBT MUST BE ASCERTAINED TO BE
WORTHLESS OR UNCOLLECTIBLE;
THE DEBT MUST BE CHARGED OFF WITHIN
THE TAXABLE YEAR.
BAD DEBTS
BAD DEBTS NOT CONNECTED WITH THE
TRADE, BUSINESS, OR PROFESSION OF THE
TAXPAYER.
BAD DEBTS BETWEEN RELATED PARTIES
UNDER SEC. 36(B).
WHEN MORTGAGE IS FORECLOSED AND THE
COLLATERAL IS BOUGHT BY THE MORTGAGEE
IN THE FORECLOSURE SALE, THE DIFFERENCE
BETWEEN THE AMOUNT OF THE LOAN AND THE
PURCHASE PRICE OF THE COLLATERAL IS NOT
ALLOWED AS A BAD DEBT DEDUCTION. ANY
LOSS IS DEFERRED UNTIL THE PROPERTY IS
EVENTUALLY SOLD BY THE MORTGAGEE.
ILLUSTRATION 8
RECOVERY OF BAD DEBT WRITTEN OFF BY THE
TAXPAYER:
NO. 1: P20,000 FROM ACCOUNTS WRITTEN OFF IN
A YEAR WHICH HAD A NET INCOME OF P200,000
BEFORE WRITE-OFF (WRITE-OFF FOR THE
YEAR WAS P20,000)
NO. 2: P5,000 FROM ACCOUNTS WRITTEN OFF IN
A YEAR WHICH HAD A NET LOSS OF P36,000
BEFORE WRITE-OFF (WRITE-OFF FOR THE
YEAR WAS P5,000)
NO. 3: P10,000 FROM ACCOUNTS WRITTEN OFF IN
A YEAR WHICH HAD A NET INCOME OF P8,000
BEFORE WRITE-OFF (WRITE-OFF FOR THE
YEAR WAS P12,000)
DEPRECIATION, DEPLETION,
AND AMORTIZATION
REQUISITES:
ASSET MUST BE USED IN TRADE,
BUSINESS, OR PROFESSION OF THE
TAXPAYER;
ASSET HAS A LIMITED LIFE;
ALLOWANCE FOR DEPRECIATION MUST
BE REASONABLE;
ALLOWANCE FOR DEPRECIATION MUST
BE CHARGED OFF DURING THE
TAXABLE YEAR.
DEPRECIATION, DEPLETION,
AND AMORTIZATION
METHODS OF DEPRECIATION ALLOWED
UNDER SEC. 34(F)(1):
STRAIGHT-LINE METHOD;
DECLINING-BALANCE METHOD;
SUM OF THE YEARS DIGITS METHOD;
ANY REASONABLE METHOD OF
MEASURING OBSOLESCENCE APPROVED
BY THE SECRETARY OF FINANCE.
DEPRECIATION, DEPLETION,
AND AMORTIZATION
DEPRECIATION IN PETROLEUM
OPERATIONS:
PROPERTIES USED DIRECTLY IN
PRODUCTION OF PETROLEUM
OPEARTIONS SHALL BE DEPRECIATED
OVER 10 YEARS OR SUCH SHOTER LIFE
AS PERMITTED BY THE CIR.
PROPERTIES NOT DIRECTLY USED IN THE
PRODUCTION OF PETROLEUM SHALL BE
DEPRECIATED OVER 5 YEARS.
DEPRECIATION, DEPLETION,
AND AMORTIZATION
FAVORABLE DEPRECIATION RATE FOR
MINING OPERATIONS:
IF THE PROPERTY HAS AN EXPECTED LIFE
OF NOT MORE THAN 10 YEARS, THE COST
SHALL BE DEPRECIATED AT THE NORMAL
RATE OF DEPRECAITION.
IF THE EXPECTED LIFE IS MORE THAN 10
YEARS, THE PROPERTY CAN BE
DEPRECIATED OVER ANY NUMBER OF
YEARS BETWEEN 5 YEARS AND 10 YEARS.
SEC. 34(E)(5)
DEPRECIATION, DEPLETION,
AND AMORTIZATION
BEFORE COMMERCIAL PRODUCTION –
CAPITALIZED AS COST OF THE WASTING
ASSET.
AFTER COMMENCEMENT OF COMMERCIAL
PRODUCTION, IF INCURRED WITH:
1. NON-PRODUCING WELLS OR MINES,
DEDUCTED IN THE PERIOD PAID OR INCURRED
2. PRODUCING WELLS OR MINES, AT THE
OPTION OF THE TAXPAYER, EITHER:
A. CAPITALIZED AND AMORTIZED USING
THE COST-DEPLETION METHOD; OR
B. DEDUCTED IN THE YEAR PAID OR
INCURRED.
DEPRECIATION, DEPLETION,
AND AMORTIZATION
THE EXPENSE OPTION ON NON-PRODUCING
MINES:
AFTER COMMERCIAL PRODUCTION HAS
COMMENCED, EXPLORATION AND
DEVELOPMENT DRILLING EXPENSES
INCURRED ON NON-PRODUCING MINES MAY BE
DEDUCTED OUTRIGHT BUT THE DEDUCTIBLE
AMOUNT SHALL NOT EXCEED 25% OF THE NET
INCOME FROM MINING OPERATIONS WITHOUT
THE BENEFIT OF ANY TAX INCENTIVES UNDER
EXISTING LAWS. THE UNCLAIMED BALANCE OF
THE EXPENSE SHALL BE CARRIED FORWARD
TO THE SUCCEEDING YEARS UNTIL FULLY
DEDUCTED.
DEPRECIATION, DEPLETION,
AND AMORTIZATION
NO DEPRECIATION FOR CERTAIN
TRANSPORTATION VEHICLES:
NO DEPRECIATION SHALL BE ALLOWED FOR
YACHTS, HELICOPTERS, AIRPLANES, AND/OR
LAND VEHICLES WHICH HAVE A VALUE OF
MORE THAN P2,400,000. HOWEVER, THIS
PROHIBITION DOES NOT APPLY IF THE
TAXPAYER’S MAIN LINE OF BUSINESS IS
TRANSPORATION OR THE LEASE OF
TRANSPORT EQUIPMENT, AND THE VEHICLES
PURCHASED ARE USED IN SAID OPERATIONS.
MAINTENANCE EXPENSES OF NON-
DEPRECIABLE VEHICLES ARE NOT ALLOWED
AS DEDUCTIONS.
PENSION TRUST
CONTRIBUTIONS
REQUISITES:
THE EMPLOYER MUST HAVE ESTABLISHED A PENSION OR
RETIREMENT PLAN TO PROVIDE FOR THE PAYMENT OF
REASONABLE PENSIONS TO HIS EMPLOYEES;
THE PENSION PLAN IS REASONABLE AND ACTUARIALLY
SOUND;
IT MUST BE FUNDED BY THE EMPLOYER;
THE AMOUNT CONTRIBUTED MUST BE NO LONGER
SUBJECT TO THE CONTROL AND DISPOSITION OF THE
EMPLOYER;
THE PAYMENT HAS NOT YET BEEN ALLOWED AS
DEDUCTION; AND
THE DEDUCTION IS APPORTIONED IN EQUAL PARTS OVER A
PERIOD OF 10 CONSECUTIVE YEARS BEGINNING WITH THE
YEAR IN WHICH THE TRANSFER OR PAYMENT IS MADE.
PENSION TRUST
CONTRIBUTIONS
TO PROVIDE FOR REASONABLE PENSIONS TO
EMPLOYEES:
PAYMENT DEDUCTIBILITY
PRESENT SERVICE COST CONTRIBUTIONS – IN FULL
PAID TO COVER CURRENT PENSION
LIABILITIES ACCRUING DURING THE TAXABLE
YEAR
PAST SERVICE COST CONTRIBUTIONS – PRORATED
PENSION EXPENSE OF THE EMPLOYER OVER 10 YEARS
ACCRUING IN PRIOR YEARS FOR SERVICES BEGINNING
RENDERED BY EMPLOYEES BEFORE THE WITH THE
ESTABLISHMENT OF THE PENSION FUND AND YEAR IN WHICH
ADDITIONAL PENSION EXPENSE ACCRUING IN THE PAYMENT
PRIOR YEARS ARISING FROM IMPROVEMENTS IS MADE
IN THE BENEFIT OFFERING OF THE PLAN
ILLUSTRATION 9
EWAN CORPORATION FUNDED A
PENSION PLAN FOR ITS 60
EMPLOYEES IN 2007. THE COMPANY
PAID A LUMP SUM OF P2,000,000
AND IS REQUIRED TO PAY AN
ANNUAL CONTRIBUTION OF
P100,000 STARTING 2008.
CHARITABLE
CONTRIBUTIONS
REQUISITES:
CONTRIBUTIONS OR GIFTS ARE ACTUALLY PAID;
GIVEN TO ENTITIES SPECIFIED BY LAW;
NET INCOME OF THE RECIPIENT DOES NOT INURE
TO THE BENEFIT OF ANY STOCKHOLDER OR
INDIVIDUAL;
TAXPAYER MAKING THE CHARITABLE
CONTRIBUTION MUST BE ENGAGED IN TRADE,
BUSINESS, OR PROFESSION.
VALUATION: THE AMOUNT OF ANY CHARITABLE
CONTRIBUTION OF PROPERTY OTHER THAN
MONEY SHALL BE BASED ON THE NET BOOK VALUE
OF THE SAID PROPERTY AS REFLECTED IN THE
FINANCIAL STATEMENTS OF THE DONOR.
CHARITABLE
CONTRIBUTIONS
NOT SUBJECT TO LIMIT:
DONATIONS TO THE GOVERNMENT OR TO
GOCCs FOR PRIORITY ACTIVITIES IN
EDUCATION, HEALTH, YOUTH AND SPORTS
DEVELOPMENT, HUMAN STTLEMENTS,
SCIENCE, AND CULTURE, OR ECONOMIC
DEVELOPMENT AS DETERMINED BY NEDA.
DONATIONS TO FOREIGN INSTITUTIONS
AND ORGANIZATIONS PURSUANT TO
TREATIES OR AGREEMENTS ENTERED INTO
BY THE PHILIPPINES GOVERNMENT.
CHARITABLE
CONTRIBUTIONS
NOT SUBJECT TO LIMIT:
DONATIONS TO ENTITIES PURSUANT TO
SPECIAL LAW.
EX. STATE COLLEGES AND UNIVERSITIES;
CCP; NATIONAL COMMISSION FOR
CULTURE AND THE ARTS; INTEGRATED
BAR OF THE PHILIPPINES; IRRI; PHILIPPINE
RED CROSS (RA 10072); ANY CHILD-CARING
OR CHILD-PLACING INSTITUTION
ACCREDITED BY THE DSWD (RA 10165).
DONATIONS TO ACCREDITED NGOs.
CHARITABLE
CONTRIBUTIONS
SUBJECT TO LIMIT:
DONATIONS TO THE GOVERNMENT OR GOCCs
EXCLUSIVELY FOR PUBLIC PURPOSES, BUT NOT
FOR PRIORITY ACTIVITIES.
DONATIONS TO ACCREDITED DOMESTIC
CORPORATIONS OR ASSOCIATIONS ORGANIZED
AND OPERATED EXCLUSIVELY FOR RELIGIOUS,
CHARITABLE, SCIENTIFIC, YOUTH AND SPORTS
DEVELOPMENT, CULTURAL, EDUCATIONAL, OR THE
REHABILITATION OF VETERANS.
DONATION TO SOCIAL WELFARE INSTITUTIONS.
DONATIONS TO NON-ACCREDITED NGOs.
CHARITABLE
CONTRIBUTIONS
LIMITS OF CONTRIBUTIONS:
OF TAXABLE
CORPORATIONS: 5% INCOME DERIVED
FROM TRADE,
BUSINESS, OR
PROFESSION
WITHOUT THE
BENEFIT OF THE
INDIVIDUALS: 10% CHARITABLE
DEDUCTIONS
CHARITABLE
CONTRIBUTIONS
NON-PROFIT CORPORATIONS:
ORGANIZED AND OPERATED EXCLUSIVELY FOR SCIENTIFIC,
RESEARCH, EDUCATIONAL, CHARACTER-BUILDING, YOUTH
AND SPORTS DEVELOPMENT, HEALTH, SOCIAL WELFARE,
CULTURAL, OR CHARITABLE PURPOSES;
NO PART OF THE NET INCOME OF SUCH NGO INURES TO THE
BENEFIT OF ANY PRIVATE INDIVIDUAL;
USES THE DONATION NOT LATER THAN THE 15TH DAY OF THE
3RD MONTH AFTER THE CLOSE OF ITS TAXABLE YEAR;
ITS ADMINISTRATIVE EXPENSES IS LESS THAN OR EQUAL TO
30% OF TOTAL EXPENSES;
ITS ASSETS, UPON DISSOLUTION, SHALL BE GIVEN OR
DISTRIBUTED TO ANOTHER NGO ORGANIZED FOR A SIMILAR
PURPOSE, OR TO THE STATE FOR A PUBLIC PURPOSE.
RESEARCH AND DEVELOPMNT
COSTS
• RESEARCH AND DEVELOPMENT COSTS RELATED
TO CAPITAL ACCOUNTS ARE CAPITALIZED AS PART
OF THE COST OF THE PROPERTY AND DEDUCTED
THROUGH DEPRECIATION EXPENSE.
• RESEARCH AND DEVELOPMENT COSTS NOT
RELATED TO CAPITAL ACCOUNTS ARE CLAIMABLE
AS FOLLOWS AT THE OPTION OF THE TAXPAYER:
1. OUTRIGHT EXPENSE; OR
2. DEFERRED EXPENSE AND IS AMORTIZED OVER A
PERIOD NOT LESS THAN 60 MONTHS BEGINNING
FROM THE MONTH THE TAXPAYER REALIZE
BENEFITS FROM THE R&D EXPENDITURES.
ILLUSTRATION 10
EXPENDITURES FOR RESEARCH AND
DEVELOPMENT ON JULY 1, 2016 WERE:
EXPENDITURE 1: LAND P5,800,000
EXPENDITURE 2: BUILDING WITH USEFUL LIFE OF OF 6,000,000
50 YEARS
EXPENDITURE 3: OTHERS, WITH BENEFIT TO BE 3,000,000
RECEIVED BEGINNING NOVEMBER 2, 2016 AND FOR 4
YEARS
EXPENDITURE 4: OTHERS, WITH BENEFIT TO BE 3,600,000
RECEIVED BEGINNING JULY 1, 2016 AND FOR 6 YEARS
OTHER DEDUCTIBLE
EXPENSES
FOREIGN INCOME TAXES
PAID TAKEN AS
DEDUCTIONS BE RESIDENT
CITIZENS OR DOMESTIC
CORPORATIONS
NON-DEDUCTIBLE EXPENSES
PERSONAL, LIVING, AND FAMILY
EXPENSES;
EXPENDITURES WHICH ARE CAPITALIZED,
EXCEPT INTANGIBLE DRILLING AND
DEVELOPMENT COSTS INCURRED IN
PETROLEUM OPERATIONS WHICH MAY BE
DEDUCTED IN FULL;
LOSSES FROM SALES OR EXCHANGES OF
PROPERTY, INTEREST EXPENSE, AND BAD
DEBTS BETWEEN RELATED PARTIES
UNDER SEC. 36(B);
NON-DEDUCTIBLE EXPENSES
PREMIUMS PAID BY AN EMPLOYER:
1. COVERING THE LIFE OF AN EMPLOYEE;
AND
2. THE BENEFICIARY IS THE EMPLOYER.
NOTE: IF THE EMPLOYEE IS THE
BENEFICIARY, THE PREMIUMS PAID BY THE
EMPLOYER RE DEDUCTIBLE, AND ARE
FRINGE BENEFITS TO THE EMPLOYEE.
FINES AND PENALTIES DUE TO LATE
PAYMENT OF TAX.
ILLUSTRATION 11
THE ECHO CO. IS A DOMESTIC CORPORATION
IN MANUFACTURING BUSINESS. IT OWNS
THE PIECE OF LAND AND BUILDINGS
WHERE IT CONDUCTS MANUFACTURING
OPERATIONS. HOWEVER, MARKETING
ACTIVITIES ARE IN A BUILDING THAT IS
RENTING IN THE SHOPPING CENTER OF
THE METROPOLIS. IN A YEAR, DATA ON
OPERATIONS FOLLOW:
ILLUSTRATION 11
GROSS PROFIT FROM SALES P20,000,000
DEPRECIATION ON BUILDINGS – MANUFACTURING 200,000
(BASED ON COST)
AMORTIZATION OF PATENTS 300,000
CONTRIBUTIONS TO A PENSION TRUST SET UP DURING THE YEAR:
FOR PAST SERVICE COST 2,000,000
FOR PRESENT SERVICE COST 50,000
PROVISION FOR BAD DEBTS (WRITE-OFF DURING THE 70,000
YEAR WAS P60,000)
RESEARCH AND DEVELOPMENT COSTS, WITH BENEFITS 1,000,000
TO BE RECEIVED FROM IT BEGINNING THE SECOND
SEMESTER OF THE YEAR (TO BE TREATED AS
DEFERRED CHARGES)
ILLUSTRATION 11
EXPENDITURE FOR LEASEHOLD IMPROVEMENTS ON P1,200,000
RENTED BUILDING (WITH USEFUL LIFE OF 30 YEARS,
AND REMAINING TERM OF LEASE OF 20 YEARS)
CONTRIBUTIONS:
TO THE GOVERNMENT, FOR A PRIORITY ACTIVITY IN 200,000
HOUSING
TO THE QUIAPO CATHOLIC CHURCH 5,000
TO NGOs ORGANIZED AND OPERATED FOR CHARITABLE 500,000
PURPOSES
TO RAPE VICTIMS 12,000
OTHER EXPENSES OF OPERATIONS 10,000,000