Chapter 3-Income Tax.pptx

1. CHAPTER III
MARCH 6, 2023
INTRODUCTION TO INCOME TAXATION
PreparedBy: COLBE, EMMANUEL P.

2. Mae Rose Narrido

3. Income is regarded as the best
measure of taxpayers' ability to
pay tax. It is an excellent object
of taxation in the allocation of
government costs.
Why is income subject to tax?
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4. What is income for
taxation purposes?
The tax concept of income is simply referred to as "gross income" under the
NIRC. A taxable item of income is referred to as an "item of gross income" or
"inclusion in gross income".
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Gross income simply means taxable income in layman's term. Under the NIRC
however, the term "taxable income" refers to certain items of gross income
less deductions and personal exemptions allowable by law.
Gross income is broadly defined as any inflow of wealth to the taxpayer from
whatever source, legal or illegal, that increases net worth. It includes income
from employment, trade, business or exercise of profession, income from
properties, and other sources such as dealings in properties and other regular
or casual transactions.

5. 1. It is a return on capital that
increases net worth.
2. It is a realized benefit.
3. It is not exempted by law,
contract, or treaty.
ELEMENTS OF GROSS INCOME
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6. RETURN ON CAPITAL
Capital means any wealth or property. Gross income is a
return on wealth 0r property that increases the taxpayer's net
worth.
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The return on capital that increases net worth is income
subject to income tax. Return of capital merely maintains net
worth; hence, it is not taxable. An improvement in net worth
indicates an ability to pay tax.

7. Capital items deemed
with infinite value
There are capital items that have infinite value and are
incapable of pecuniary valuation. Anything received as
compensation for their loss is deemed a return of capital.
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Examples:
1. Life
2. Health
3. Human reputation

8. Capital items deemed
with infinite value
The value of life is immeasurable by money. Under
Sec.32 of the NIRC, the proceeds of life insurance
policies paid to the heirs or beneficiaries upon death of
the insured, whether in a single sum or otherwise, are
exempt from income tax.
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1. Life
The proceeds of a life insurance contract collected by
an employer as a beneficiary from the life insurance of
an officer or any person directly interested with his
trade are likewise exempt. These proceeds are viewed
as advanced recovery of future loss.

9. Capital items deemed
with infinite value
However, the following are taxable return on capital
from insurance policies:
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1. Life
a) Any excess amount received over premiums paid by the insured
upon surrender or maturity of the policy (i.e. The insured outlives
the policy.)
b) Gain realized by the insured from the assignment or sale of his
insurance policy
c) Interest income from the unpaid balance of the proceeds of the
policy
d) Any excess of the proceeds received over the acquisition costs and
premium payments by an assignee of a life insurance policy

10. Capital items deemed
with infinite value
Any compensation received in
consideration for the loss of health such
as compensation for personal injuries or
tortuous acts is deemed a return of
capital.
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2. Health

11. Capital items deemed
with infinite value
The value of one's reputation cannot be
measured financially. Any indemnity received
as compensation for its impairment is
deemed a return of capital exempt from
income tax.
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3. Human
Reputation
Examples include moral damages received
from:
a. Oral defamation or slander
b. Alienation of affection
c. Breach of promise to marry

12. Recovery of lost capital vs.
Recovery of lost profits
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Joy Grace Mendez

13. Recovery of lost capital
vs. Recovery of lost
profits
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The loss of capital results in decrease in net worth while the loss
of profits doesn’t decrease net worth. The recovery of lost
capital merely maintains net worthwhile the recovery of lost
profits increases net worth. Therefore, the recovery of lost
profits is a return on capital.

14. Taxable recovery of lost
profits
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The recovery of lost
profits through
insurance, indemnity
contracts, or legal suits
constitutes a taxable
return on capital.
The following are taxable recoveries of lost
profits:
a. Proceeds of crop or livestock insurance
b. Guarantee payments
c. Indemnity received from patent
infringement suit

15. REALIZED
BENEFIT
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16. The term "benefit" means any form
of advantage derived by the taxpayer.
There is benefit when there is an
increase in the net worth of the
taxpayer. An increase in net worth
occurs when one receives income,
donation or inheritance.
THE “BENEFIT” CONCEPT
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17. The following are not benefits, hence, not taxable:
THE “BENEFIT” CONCEPT
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a) Receipt of a loan- properties increase but obligations
also increase resulting in an offsetting effect in net
worth.
b) Discovery of lost properties - under the law, the finder
has an obligation to return the same to the owner.
c) Receipt of money or property to be held in trust for, or
to be remitted to, another person.
If the taxpayer is entitled to keep for his account
portion of a receipt, only that portion is a benefit.

18. The term realized means earned.
It requires that there is a degree
of undertaking or sacrifice from
the taxpayer to be entitled of the
benefit.
THE “REALIZED” CONCEPT
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19. Requisites of a realized benefit:
THE “REALIZED” CONCEPT
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1. There must be an exchange
transaction.
2.The transaction involves another
entity.
3. It increases the net worth of the
recipient.

20. Requisites of a realized benefit:
Types of Transfers
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1.Bilateral transfers or
exchanges
2.Unilateral transfers
3.Complex transactions

21. Requisites of a realized benefit:
Types of Transfers
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1. Bilateral transfers or exchanges, such as:
a. Sale
b. Barter
These are referred to as "onerous transactions".

22. Requisites of a realized benefit:
Types of Transfers
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2. Unilateral transfers, such as:
a. Succession-transfer of property upon
death
b. Donation
These are also referred to as "gratuitous
transactions".

23. Requisites of a realized benefit:
Types of Transfers
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Under current usage, unilateral transfers are simply
referred to as "transfers” while bilateral transfers are
called "exchanges." Benefits derived from onerous
transactions are "earned or realized"; hence, they are
subject to income tax. Benefits derived from
gratuitous transactions are not realized because of
the absence of an earning process. Benefits derived
from gratuitous transactions are subject to transfer
tax, not income tax.

24. Requisites of a realized benefit:
Types of Transfers
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3. Complex transactions
Complex transactions are partly gratuitous and
partly onerous. These are commonly referred to as
“transfers for less than full and adequate
consideration”. The gratuitous portion of the
transaction is subject to transfer tax while the
benefit from the onerous portion is subject to
income tax.

25. What is meant by another
entity?
Every person, natural or juridical, is an entity.
Natural persons are living persons while juridical
persons are those created by law such as
partnerships and corporations. An entity may be a
taxable entity or an exempt entity. A taxable item of
gross income arises from transactions which
involve another natural or juridical entity.
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26. What is meant by another
entity?
Gains or income derived between relatives,
corporations, and between a partner and the
partnership are taxable since it is made between
separate entities. Likewise, the income between
affiliated companies such as between a holding or
parent company and its subsidiaries and between
sister companies are taxable because each
corporation is a separate entity. This applies
regardless of the underlying economic relationship.
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27. What is meant by another
entity?
However, the sales of a home office to its branch
office are not taxable because they pertain to one
and the same taxable entity. Furthermore, the
income between businesses of a proprietor should
not be taxed since proprietorship businesses are
taxable upon the same owner. Note that a
proprietorship business is not juridical entity.
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28. Benefits in the absence of transfers
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The increase in wealth of the taxpayer in the form
of appreciation or increase in the value of his
properties or decrease in the value of his obligations
in the absence of a sale or barter transaction is not
taxable.
These are referred to as unrealized gains or holding
gains because they have not yet materialized in an
exchange transaction.

29. Benefits in the absence of transfers
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Examples of unrealized gains or holding gains:
a. Increase in value of investments in equity or debt securities
b. Increase in value of real properties held (revaluation
increment)
c. Increase in value of foreign currencies held or receivable
d. Decrease in value of foreign currency denominated debt by
virtue of favorable fluctuation in exchange rates
e. Birth of animal offspring, accruals of fruits in an orchard or
growth of farm vegetables
f. Increase in value of land due to the discovery of mineral
reserves

30. Benefits in the absence of transfers
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The rendering of services for a consideration
is an exchange but does not cause a loss of
capital. Hence, the entire consideration
received from rendering of services such as
compensation income or service fees is an
item of gross income.
Rendering of Services

31. Benefits in the absence of transfers
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Normally, taxpayers will have the ability to pay tax when their
income materializes in an exchange transaction since tax is
generally payable in money.
This does not mean, however, that only income realized in cash
is subject to tax. Income realized in non-cash properties are, in
effect, received in cash but the taxpayer used the same to acquire
the non-cash property. Income received in non-cash
considerations is taxable at the fair value of the property received.
Moreover, exempting income realized in non-cash considerations
would open a wide avenue for tax evasion since taxpayers can
easily divert their income in the form of non-cash consideration.
Basis of Exemption of Unrealized Income

32. Mode of
Receipt/Realization
Benefits
Kenneth RayEbajo
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33. Mode of Receipt/Realization Benefits
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1. Actual receipt-Actual receipt involves actual
physical taking of the income in the form of cash
or property.
2. Constructive receipt-Constructive receipt
involves no actual physical taking of the income
but the taxpayer is effectively benefited.
Taxable items of income may be realized by the taxpayer in two
ways:

34. Inflow of wealth without increase in net worth
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The inflow of wealth to a person that does not increase his
net worth is not income due to the total absence of benefit.
Examples:
a. Receipt of property in trust
b. Borrowing of money under an obligation to return
In law, the proceeds of embezzlement or swindling where
money is taken without an original intention to return are
considered as income because of the increase in net worth of
the swindler.

35. NOT EXEMPTED BY LAW, CONTRACT, OR TREATY
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An item of gross income is not exempted by the Constitution, law, contracts
or treaties from taxation.
The following items of income are exempted by law from taxation;
hence, they are not considered items of gross income:
1. Income of qualified employee trust fund
2. Revenues of non-profit, non-stock educational institutions
3. SSS, GSIS, Pag-IBIG, or PhilHealth benefits
4. Salaries and wages of minimum wage earners and qualified senior
citizen
5. Regular income of Barangay Micro-business Enterprises (BMBEs)
6. Income of foreign governments and foreign government-owned
and controlled corporations
7. Income of international missions and organizations with income
tax immunity

36. TYPES OF INCOME TAXPAYERS
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A. Individuals
1. Citizen
a. Resident citizen
b. Non-resident citizen
2. Alien
a. Resident alien
b. Non-resident alien
a. engaged in trade or business
b. not engaged in trade or business
3. Taxable estates and trusts
B. Corporations
1. Domestic corporation
2. Foreign corporation
a. Resident foreign
corporation
b. Non-resident foreign
corporation

37. INDIVIDUAL INCOME TAXPAYERS
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Citizens
Under the Constitution, citizens are:
a. Those who are citizens of the Philippines at the time of
adoption of the Constitution on February 2, 1987
b. Those whose fathers or mothers are citizens of the
Philippines
c. Those born before January 17, 1973 of Filipino mothers
who elected Filipino citizenship upon reaching the age
of majority
d. Those who are naturalized in accordance with the law

38. INDIVIDUAL INCOME TAXPAYERS
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Classification of citizens:
A. Resident citizen
B. Non-resident citizen

39. INDIVIDUAL INCOME TAXPAYERS
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Classification of citizens:
A. Resident citizen - A Filipino
citizen residing in the
Philippines

40. INDIVIDUAL INCOME TAXPAYERS
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Classification of citizens:
B. Non-resident citizen includes:
1. A citizen of the Philippines who establishes to the satisfaction of the Commissioner
the fact of his physical presence abroad with a definite intention to reside therein;
2. A citizen of the Philippines who leaves the Philippines during the taxable year to
reside abroad, either as an immigrant or for an employment on a permanent basis;
3. A citizen of the Philippines who works and derives income from abroad and whose
employment thereat requires him to be physically present abroad most of the time
during the taxable year;
4. A citizen who has been previously considered as non-resident citizen and who arrives
in the Philippines at anytime during the taxable year to reside permanently in the
Philippines shall likewise be treated as a non-resident citizen for the taxable year in
which he arrives in the Philippines with respect to his income derived from sources
abroad until the date of his arrival in the Philippines. Filipinos working in Philippine
embassies or Philippine consulate offices are not considered non-resident citizens.

41. INDIVIDUAL INCOME TAXPAYERS
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Alien:
A. Resident alien
B. Non-resident alien

42. INDIVIDUAL INCOME TAXPAYERS
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Alien
A. Resident alien - an individual who is residing in the Philippines but is
not a citizen thereof, such as:
1. An alien who lives in the Philippines without definite intention as to
his stay; or
2. One who comes to the Philippines for a definite purpose which in its
nature would require an extended stay and to that end makes his
home temporarily in the Philippines, although it may be his intention
at all times to return to his domicile abroad;
An alien who has acquired residence in the Philippines retains his status
as such until he abandons the same or actually departs from the
Philippines.

43. INDIVIDUAL INCOME TAXPAYERS
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Alien
B. Non-resident alien - an individual who is not residing in the
Philippines and who is not a citizen thereof
1. Non-resident aliens engaged in business (NRA-ETB)- aliens who
stayed in the Philippines for an aggregate period of more than 180
days during the year
2. Non-resident aliens not engaged in business (NRA-NETB) -
include:
a. Aliens who come to the Philippines for a definite purpose
which in its nature may be promptly accomplished;
b. Aliens who shall come to the Philippines and stay therein
for an aggregate period of not more than 180 days during the year

44. Regalado, Wynna Pearl
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THE GENERAL CLASSIFICATION
RULE FOR INDIVIDUALS

45. THE GENERAL CLASSIFICATION RULE FOR INDIVIDUALS
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1. Intention
2. Length of
stay

46. THE GENERAL CLASSIFICATION RULE FOR INDIVIDUALS
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The intention of the taxpayer regarding the nature of his stay
within or outside the Philippines shall determine his appropriate
residency classification. The taxpayer shall submit to the CIR of
the BIR documentary proofs such as visas, work contracts and
other documents indicating such intention.
Documents purporting short term stay such as tourist visa
shall not result in the reclassification of the taxpayer's normal
residency. Documents purporting a long-term stay such as
immigration visa or working visa for an extended period would
result in the automatic reclassification of the taxpayer's
residency.
1. Intention

47. THE GENERAL CLASSIFICATION RULE FOR INDIVIDUALS
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In default of such documentary proof, the length of stay of the
taxpayer is considered:
a. Citizens staying abroad for a period of at least 183 days are
considered non-resident.
b. Aliens who stayed in the Philippines for more than 1 year as of the
end of the taxable year are considered resident.
c. Aliens who are staying in the Philippines for not more than 1 year
but more than 180 days are deemed non-resident aliens engaged
in business.
d. Aliens who stayed in the Philippines for not more than 180 days
are considered non-resident aliens not engaged in trade or
business.
2. Length of stay

48. Taxable Estates and Trusts
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1. Estate
2. Trust

49. Taxable Estates and Trusts
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Estate refers to the properties, rights, and
obligations of a deceased person not extinguished by
his death. Estates under judicial settlement are treated
as individual taxpayers. The estate is taxable on the
income of the properties left by the decedent. Estates
under extrajudicial settlement are exempt entities. The
income of the properties of the estate under
extrajudicial settlement taxable to the heirs.
1. Estate

50. Taxable Estates and Trusts
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A trust is an arrangement whereby one person (grantor or trustor)
transfers (ie. donates) property to another person (beneficiary), which
will be held under the management of a third party (trustee or fiduciary).
2. Trust
A trust that is irrevocably designated by the grantor is treated in taxation
as if it is an individual taxpayer. The income of the property held in trust
is taxable to the trust. Trusts that are designated as revocable by the
grantor are not taxable entities and are not considered as individual
taxpayers. The income of properties held under revocable trusts is taxable
to the grantor not to the trust.
When the trust agreement is silent as to revocability of the trust,
the trust is presumed to be revocable.

51. CORPORATE INCOME TAXPAYERS
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The term 'corporation' shall include one person corporations (OPCs),
partnerships, no matter how created or organized, joint-stock
companies, joint accounts, association, or insurance companies, except
general professional partnerships and a joint venture or consortium
formed for the purpose of undertaking construction projects or engaging
in petroleum, coal, geothermal, and other energy operations pursuant to
an operating consortium agreement under a service contract with the
government.
Hence, the term corporation includes profit-oriented and non-profit
institutions such as charitable institutions, cooperatives, government
agencies and instrumentalities, associations, leagues, civic or religious
and other organizations.

52. CORPORATE INCOME TAXPAYERS
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1. Domestic Corporation
2. Foreign Corporation
3. Special Corporations

53. CORPORATE INCOME TAXPAYERS
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Domestic Corporation
A domestic corporation is a corporation that is
organized in accordance with Philippine laws.
It includes one-person corporations (OPC)
owned and registered by resident citizens in the
Philippines.
Foreign Corporation
A foreign corporation is one organized under a
foreign law.

54. CORPORATE INCOME TAXPAYERS
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Types of foreign corporations:
1. Resident foreign corporation (RFC) - a foreign
corporation which operates and conducts business
in the Philippines through a permanent
establishment (i.e. a branch).
2. Non-resident foreign corporation (NRFC) - a
foreign corporation which does not operate or
conduct business in the Philippines
Foreign Corporation

55. CORPORATE INCOME TAXPAYERS
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Special corporations are
domestic or foreign
corporations which are subject
to special tax rules or
preferential tax rates.
Special Corporations

56. OTHER CORPORATE TAXPAYERS
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1. One-person corporation
2. Partnership
3. Joint venture
4. Co-ownership

57. OTHER CORPORATE TAXPAYERS
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A one-person corporation is a corporation with a single
stockholder who may be a natural person, trust or an
estate.
Banks and quasi-banks, preneed, trust, insurance, public
and publicly-listed companies, and non-chartered
GOCCS may not incorporate as One-person corporations.
A natural person who is licensed to exercise a profession
may not organize as a One Person Corporation for the
purpose of exercising such profession except as
otherwise provided under special laws.
1. One-person corporation

58. OTHER CORPORATE TAXPAYERS
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A partnership is a business organization owned by
two or more persons who contribute their industry or
resources to a common fund for the purpose of
dividing the profits from the venture.
2. Partnership
Types of partnership
a) General professional partnership (GPP)
b) Business partnership

59. OTHER CORPORATE TAXPAYERS
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Types of partnership:
a) General professional partnership (GPP)
A GPP is a partnership formed by persons for the sole purpose
of exercising a common profession, no part of the income of
which is derived from engaging in any trade or business.
A GPP is not treated as a corporation and is not a taxable
entity. It is exempt from income tax, but the partners are taxable
in their individual capacity with respect to their share in the
income of the partnership.
b) Business partnership
A business partnership is one formed for profit. It is taxable as
a corporation.
2. Partnership

60. OTHER CORPORATE TAXPAYERS
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A joint venture is a business undertaking
for a particular purpose. It may be
organized as a partnership or a
corporation.
3. Joint venture
Types of joint ventures:
a. Exempt joint ventures
b. Taxable joint ventures

61. OTHER CORPORATE TAXPAYERS
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Types of joint ventures:
a. Exempt joint ventures
Exempt joint ventures are those formed for the purpose of
undertaking construction projects or engaging in petroleum, coal,
geothermal and other energy operations pursuant to an operating
consortium agreement under a service contract with the Government.
Similar to a GPP, this type of joint venture is not treated as a
corporation and is tax-exempt on its regular income, but their
ventures are taxable to their share in the net income of the joint
venture.
b. Taxable joint ventures
All other joint ventures are taxable as corporations.
3. Joint venture

62. OTHER CORPORATE TAXPAYERS
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A co-ownership is joint ownership of a property formed
for the purpose of preserving the same and/or dividing its
income.
A co-ownership that limited to property preservation or
income collection is not a taxable entity and is exempt but the
co-owners are taxable on their share on the income of the co-
owned property.
However, a co-ownership that reinvests the income of
the co-owned property to other income-producing properties
or ventures will be considered an unregistered partnership
taxable as a corporation.
4. Co-ownership

63. THE GENERAL
RULES IN INCOME
TAXATION
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Colbe, Emmanuel

64. PAGE
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THE GENERAL RULES IN INCOME TAXATION

65. The Residency and Citizenship Rule
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Taxpayers who are residents and
citizens of the Philippines such as resident
citizen and domestic corporations are
taxable on all income from sources within
and without the Philippines. A corporation
is a citizen of the country of incorporation.
Thus, a domestic corporation is a citizen of
the Philippines.

66. Basis of the extraterritorial taxation
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Under our laws, resident citizens and
domestic corporations enjoy preferential privileges
over aliens. Also, between resident and non-
resident citizens, resident citizens have full access
of the public services of our government because
they are in the country. The taxation of foreign
income of resident citizens and domestic
corporations properly reflects this difference in
benefits consistent with the Benefit Received Theory.

67. Basis of the extraterritorial taxation
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The extra-territorial tax treatment of
resident citizens and domestic
corporations is also intended as a safety
net to the potential loss of tax revenues
brought by situs relocation or the practice
of executing or structuring transactions
such that income will be realized abroad to
avoid Philippine income taxes.

68. The issue of international double taxation
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The rule on extraterritorial taxation on
resident citizens and domestic corporations
exposes these taxpayers to double taxation.
However, the NIRC allows a tax credit for taxes
paid in foreign countries. In fact, resident
citizens and domestic corporations pay
minimal taxes in the Philippines on their
foreign income because of the tax credit.

69. SITUS OF INCOME
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The situs of
income is the
place of taxation
of income. It is
the jurisdiction
that has the
authority to
impose tax upon
the income.

70. Situs of income vs. Source of income
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Situs of income should be differentiated from
the source of income. The latter pertains to the
activity or property that produces the income.
Situs is important in determining whether or
not an income is taxable in the Philippines. Situs
is particularly important to taxpayers taxable
only on income within. However, it is also
important to taxpayers taxable on global income
for purposes of the computation of the foreign
tax credit.

71. INCOME SITUS RULE
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5. OTHER INCOME SITUS RULE

72. INCOME SITUS RULE
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73. INCOME SITUS RULE
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74. OTHER INCOME SITUS RULES
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A. Gain on sale of properties
B. Dividend income
C. Merchandising income
D. Manufacturing income

75. OTHER INCOME SITUS RULES
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A. Gain on sale of properties
1. Personal property
 Domestic securities- presumed earned
within the Philippines
 Other personal properties - earned in
the place where the property is sold
2. Real property - earned where the
property is located

76. OTHER INCOME SITUS RULES
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A. Gain on sale of properties

77. OTHER INCOME SITUS RULES
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A. Gain on sale of properties

78. OTHER INCOME SITUS RULES
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B. Dividend income
1. Domestic corporation -
presumed earned within
2. Foreign corporation

79. OTHER INCOME SITUS RULES
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B. Dividend income
2. Foreign corporation
a) Resident foreign corporation - depends on the pre-dominance
test
 The pre-dominance test- If the ratio of the Philippine gross
income over the world gross income of the resident foreign
corporation in the three-year period preceding the year of
dividend declaration is:
At least 50%, the portion of the dividend corresponding to the
Philippine gross income ratio is earned within
Less than 50%, the entire dividends received is earned abroad
b) Non-resident foreign corporation - earned abroad

80. OTHER INCOME SITUS RULES
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B. Dividend income

81. OTHER INCOME SITUS RULES
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B. Dividend income

82. OTHER INCOME SITUS RULES
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C. Merchandising income
-earned where the
property is sold.

83. OTHER INCOME SITUS RULES
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C. Merchandising income

84. OTHER INCOME SITUS RULES
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D. Manufacturing Income
- earned where the goods
are manufactured and sold

85. OTHER INCOME SITUS RULES
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D. Manufacturing income

86. OTHER INCOME SITUS RULES
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D. Manufacturing income

87. OTHER INCOME SITUS RULES
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D. Manufacturing income

88. OTHER INCOME SITUS RULES
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D. Manufacturing income

89. OTHER INCOME SITUS RULES
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D. Manufacturing income

90. OTHER INCOME SITUS RULES
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D. Manufacturing income

91. COLBE, EMMANUEL
CHAPTER III REPORTERS
REGALADO, WYNNA PEARL
EBAJO, KENNETH RAY
MENDEZ, JOY GRACE
NARRIDO, MAE ROSE
Thank you!

92. Thank you!
Writea closing statementor call-to-action here.
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