Вы находитесь на странице: 1из 161

February 10, 1940

REVENUE REGULATIONS NO. 02-40

INCOME TAX REGULATIONS

SECTION 1.
Scope. In accordance with the provisions of Sections 4
(I) and 338 of Commonwealth Act No. 466, otherwise known as the National Internal
Revenue Code, the following regulations affecting Sections 19 to 84 of the same Code
relating to the income tax are hereby promulgated to supersede all circulars,
precedents, rulings, and regulations heretofore published on the same subject, and
they shall be known as Revenue Regulations No. 2, or the Income Tax Regulations:
(Only the section numbers of the Code are given below as their texts will be
found in the same Code. They serve as captions of the pertinent provisions of the
Regulations.)
(Section 20 of the Code)
SECTION 2.
Application of title. Section 20 provides that the
provisions of Title II of the National Internal Revenue Code shall apply only to
income received from January 1, 1939.
(Section 21 of the Code)
SECTION 3.
Persons considered citizens of the Philippines. The
following shall be considered citizens of the Philippines:
(1) Those who were citizens of the Philippines at the time of the adoption of
the Constitution of the Philippines.
(2) Those born in the Philippines of foreign parents who, before the adoption
of the Constitution, had been elected to public office in the Philippines.
(3) Those whose fathers are citizens of the Philippines.
(4) Those whose mothers are citizens of the Philippines and, upon reaching
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

the age of majority, elect Philippine citizenship.


(5) Those who are naturalized in accordance with law. (Sec. 1, Article IV,
Constitution of the Philippines.)
Philippine citizenship may be lost or reacquired in the manner provided by
law. A foreigner who has come to reside in the Philippines and has filed his petition
to acquire Philippine citizenship but has not yet received the requisite naturalization
certificate still remains an alien.
SECTION 4.
Tax on citizens and residents. Section 21 imposes
progressive rates of income taxes on citizens and residents, starting from 3 per cent
upon the amount by which the net income does not exceed P2,000 and rising
gradually to 60 per cent upon the amount by which the net income exceeds P500,000.
(Conforms with amendments by R.A. 2343, effective June 20, 1959.)
The following is a table, showing the rates of income tax under Section 21, as
amended by Section 1 of R.A. No. 2343, applicable to income received from Jan. 1,
1959 and for fiscal periods ending after June 30, 1959:
1
Exceeding
P2,000
4,000
6,000
8,000
10,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
Copyright 2014

2
Not
Exceeding
P2,000
4,000
6,000
8,000
10,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000

3
Bracket
2,000
2,000
2,000
2,000
2,000
10,000
10,000
10,000
10,000
10,000
10,000
10,000
10,000
10,000
20,000
20,000
20,000
40,000

CD Technologies Asia, Inc. and Accesslaw, Inc.

4
Rate
of Tax
3%
6%
9%
16%
20%
24%
30%
36%
40%
42%
44%
46%
48%
50%
52%
53%
54%
55%

5
6
Tax on Each Cumulative
Bracket Amount of Tax
P60
P60
120
180
180
360
320
680
400
1,080
2,400
3,480
3,000
6,480
3,600
10,080
4,000
14,080
4,200
18,280
4,400
22,680
4,600
27,280
4,800
32,080
5,000
37,080
10,400
47,480
10,600
58,080
10,800
68,880
22,000
90,880

Philippine Taxation Encyclopedia First Release 2014

200,000
250,000
300,000
400,000
500,000

250,000
300,000
400,000
500,000
-

50,000
50,000
100,000
100,000
-

56%
57%
58%
59%
60%

28,000
28,500
58,000
59,000
-

118,880
147,380
205,380
264,380
-

Note: Taxable income is arrived at after deducting personal and additional


exemptions to which taxpayer is entitled.
IcEaST

(Section 22 of the Code)


SECTION 5.
individual

Definition. A "non-resident alien individual" means an

(a) Whose residence is not within the Philippines; and


(b) Who is not a citizen of the Philippines.
An alien actually present in the Philippines who is not a mere transient or
sojourner is a resident of the Philippines for purposes of the income tax. Whether he
is a transient or not is determined by his intentions with regard to the length and
nature of his stay. A mere floating intention indefinite as to time, to return to another
country is not sufficient to constitute him a transient. If he lives in the Philippines and
has no definite intention as to his stay, he is a resident. One who comes to the
Philippines for a definite purpose which in its nature may be promptly accomplished
is a transient. But if his purpose is of such a nature that an extended stay may be
necessary for its accomplishment, and to that end the alien makes his home
temporarily in the Philippines, he becomes a resident, though it may be his intention
at all times to return to his domicile abroad when the purpose for which he came has
been consummated or abandoned.
SECTION 6.
Loss of residence by alien. An alien who has acquired
residence in the Philippines retains his status as a resident until he abandons the same
and actually departs from the Philippines. An intention to change his residence does
not change his status as a resident alien to that of a nonresident alien. Thus an alien
who has acquired a residence in the Philippines is taxable as a resident for the
remainder of his stay in the Philippines.
SECTION 7.
Taxation of aliens in general. For purposes of income
tax, alien individuals are divided generally into two classes, namely, resident aliens
and non-resident aliens. Resident aliens are taxable in the same manner as citizens of
the Philippines, that is, a resident alien is taxable on income derived from all sources
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

including sources without the Philippines. Non-resident aliens are taxable only on
income from sources within the Philippines.
SECTION 8.
Taxation of non-resident aliens; classification.
Non-resident alien individuals are divided into two classes: (1) Those engaged in
trade or business within the Philippines, and (2) those not engaged in trade or
business within the Philippines. Non-resident aliens falling within the first class are
subject to the graduated rates established in Section 21 with respect to their net
income from sources within the Philippines. Non-resident aliens falling within the
second class are subject to a flat rate of 20 per cent on their total income from sources
within the Philippines, if such total income does not exceed P23,800, otherwise, the
graduated rates established in Section 21 will apply to the total income if it exceeds
P23,800. (Conforms with amendments by R.A. 2343, effective June 20, 1959.)
The phrase "engaged in trade or business within the Philippines" includes the
performance of personal services within the Philippines. Whether a non-resident alien
has an "office or place of business," however, implies a place for the regular
transaction of business and does not include a place where casual or incidental
transactions might be, or are, effected. Neither the beneficiary nor the grantor of a
trust, whether revocable or irrevocable, is deemed to be engaged in trade or business
in the Philippines or to have an office or place of business therein, merely because the
trustee is engaged in trade or business in the Philippines or has an office or place of
business therein. (Test of "office or place of business" was deleted by R.A. 2343.)
(Section 23 of the Code)
SECTION 9.
Personal exemption. Personal exemption is an arbitrary
amount allowed for personal, living, or family expenses of the taxpayer. It is allowed
to citizens of the Philippines, to resident aliens, and to non-resident aliens in certain
cases. The procedure of arriving at the tax due after giving effect to the exemptions
allowable is set forth in Section 4 of these regulations.
EHcaDT

SECTION 10.
Personal exemption of single individuals. A single
individual is entitled to a personal exemption of P1,800.
SECTION 11.
Personal exemption of married persons and heads of family.
A married person is entitled to a personal exemption of P3,000. Only one
exemption of P3,000 is allowed with respect to the aggregate income of both husband
and wife. (Conforms with amendments by R.A. 2343, effective June 20, 1959.)
A head of family is an individual who actually supports and maintains in one
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

household one or more individuals, who are closely connected with him by blood
relationship, relationship by marriage, or by adoption, and whose right to exercise
family control and provide for these dependent individuals is based upon some moral
or legal obligation. In the absence of continuous actual residence together, whether or
not a person with dependent relatives is a head of a family within the meaning of the
statute must depend on the character of the separation. If a father is absent on
business, or a child or other dependent is away at school or on a visit, the common
home being still maintained, the additional exemption applies. If, moreover, through
force of circumstances a parent is obliged to maintain his dependent children with
relatives or in a boarding house while he lives elsewhere, the additional exemption
may still apply. If, however, without necessity, the dependent continuously makes his
home elsewhere, his benefactor is not the head of a family, irrespective of the
question of support. A resident alien with children abroad is not thereby entitled to
credit as the head of a family. Chief support means principal or main support. Partial
support not amounting to chief support will not entitle the taxpayer to claim
exemption as a head of a family.
Under the law the following persons are entitled to P3,000 exemption: (a) a
married man; (b) a married woman; and (c) an unmarried man or woman with one or
both parents, or one or more brothers or sisters, or one or more legitimate, recognized
natural, or adopted children living with and dependent upon him or her for their chief
support, where such brothers, sisters, or children are not more than 23 years of age,
unmarried and not gainfully employed or where such children are incapable of
self-support because mentally or physically defective. (Conforms with amendments
by R.A. 2343, effv. June 20, 1959.)
SECTION 12.
Additional exemption for dependents. The taxpayer is
entitled to an additional exemption of P1,000 for each legitimate, recognized natural,
or adopted child wholly dependent upon and living with such person, if such
dependent is not more than 23 years of age, unmarried and not gainfully employed or
incapable of self-support because mentally or physically defective, provided that the
person claiming additional exemption is a head of family. The children with respect to
whom additional exemption is claimed must be wholly dependent upon the taxpayer
for support. (Conforms with amendments by R A. 2343, effv. June 20, 1959.)
SECTION 13.
Change of status. If the status of the taxpayer, insofar as
it affects the personal and additional exemptions, changes during the taxable year by
reason of his death, the amount of the personal and additional exemptions shall be
apportioned, in accordance with the number of months before and after such change.
For the purpose of such apportionment, a fractional part of a month shall be
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

disregarded unless it amounts to more than half a month in which case it shall be
considered as one month. (Conforms with amendment by R.A. 590, effv. Sept. 22,
1950.)
SECTION 14.
Personal exemption of non-resident aliens. A
non-resident alien is entitled to a personal exemption in an amount equal to the
exemptions allowed by the income tax law in the country of which he is a citizen or
subject to citizens of the Philippines. The exemption allowed to non-resident aliens is
a reciprocal one; that is, it is only allowed if the country of said non-resident aliens
allows similar exemptions to Filipinos not residing in such country but deriving
income from sources therein. If the country of which the non-resident alien is a citizen
or subject does not have any income tax law, such non-resident alien will not be
entitled to personal exemption.
(Section 24 of the Code)
SECTION 15.
Income tax on corporations. The law imposes an annual
income tax of 22 per centum upon that portion of the net income of every corporation
not in excess of P100,000 and 30 per cent on the excess. The term "corporation"
includes partnership no matter how created or organized, joint-stock companies,
joint-account (cuentas en participacion), association, or insurance companies but does
not include duly registered general co-partnership (companias colectivas). The tax is
upon net income, which is undetermined by subtracting from the gross income, as
defined in the law, the allowable deductions. (Conforms with amendments by R.A.
2343, effv. June 20, 1959.)
SECTION 16.
Corporations liable to tax. Every corporation, domestic
or foreign, not otherwise exempt from tax under Title II or any other law, is liable to
tax. A domestic corporation is taxed on its income from sources within and without
the Philippines, but a foreign corporation is taxed only on its income form sources
within the Philippines.
The tax imposed by law on corporations is not imposed only upon such
corporations as are organized and operated for profit. Any corporation, firm or
association, no matter how created or organized, or what the purpose of its
organization may be, is subject to the tax, except as provided in Section 27, relative to
exemptions from tax on corporations. A corporation is not exempt simply and only
because it is primarily not organized and operated for profit.
SECTION 17.
Dividends received by a corporation from a domestic
corporation. Dividends received by a domestic or resident foreign corporation
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

from a domestic corporation subject to tax are taxable only to the extent of 25 per cent
thereof. All other classes of income (except net capital gains, Section 34) of
corporations are taxable in full. Likewise dividends from a foreign corporation,
whether resident or non-resident, are taxable in full. (See Sections 250 to 256 of these
regulations relative to taxation of dividends and other distributions.)
SECTION 17-A. Tax on life insurance companies. Every life insurance
company organized in or existing under the laws of the Philippines, or foreign life
insurance company authorized to carry on business in the Philippines are taxable on
their total net investment income derived from interest, dividends and rents from all
sources whether within or without the Philippines, to the flat rate of 6-1/2%.
However, purely cooperative insurance companies or associations which are
conducted by the members thereof with the money collected from among themselves
and solely for their own protection and not for profit are exempt from income tax.
The total net investment income of domestic life insurance companies means
the gross investment income received during the taxable year from rents, dividends
and interest less deductions for real estate expenses, depreciation, interest paid within
the taxable year on its indebtedness except on indebtedness incurred to purchase or
carry obligation the interest upon which is wholly exempt from taxation under
existing laws, and such investment expenses paid during the taxable year as are
ordinary and necessary in the conduct of its investment. The total net investment
income of foreign life insurance companies doing business here is that portion of their
gross world investment income which bears the same ratio to such income as their
total Philippines reserve (whether kept in the Philippines or abroad) bears to their total
world reserve less that portion of their total world investment expenses which bears
the same ratio to such expenses as their total Philippine investment income bears to
their total world investment income. The following equation simplifies this formula:
PGI = PR/WR x WGI
PIE = PGI/WGI x WIE
PGI - PIE = PNI
Legend:
PGI is Philippine Gross Investment Income
PNI is Philippine Net Investment Income
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

PR is Total Philippine Reserve


WR is Total World Reserve
WGI is World Gross Investment Income
PGI is Philippine Gross Investment Income
WIE is Total World Investment Expenses
PIE is Philippine Investment Expense
In both cases, the deductible expenses must be connected with the investment
income subjected to tax. For the proper determination of the income tax liability of
resident foreign life insurance companies, they should submit the necessary financial
statement reflecting the nature of the investment income and corresponding expenses.
These financial statements must be duly certified by an independent certified public
accountant and authenticated by a Philippine consular official.
STcHDC

Foreign life insurance companies not doing business in the Philippines are
subject to the normal income tax on their income received from sources within the
Philippines. They are subject to tax at the rate of 30% like any other foreign
corporation.
Domestic life insurance companies and foreign life insurance companies doing
business in the Philippines are not allowed to deduct from their gross income the net
additions, if any, required by law to be made within the year to reserve funds and the
sums other than dividends paid within the year on policy and annuity contracts.
(Proposed by the BIR. If adopted, this will supersede Sec. 124 of existing
regulations.)
(Section 25 of the Code)
SECTION 18.
Taxation of corporation formed or utilized for avoidance of
tax. Section 25 imposes for each year, in addition to the tax imposed by Section 24
a tax of 25 per cent on the undistributed portion of the profits or surplus of a
corporation which is formed or availed of for the purpose of preventing the imposition
of the tax upon its shareholders or members or the shareholders or members of any
other corporation through the medium of permitting gains or profits to accumulate
instead of dividing or distributing them. However, banks, insurance companies,
personal holding companies and foreign personal holding companies as defined in
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

Chapter VIII, are excepted from taxation under Section 25. The tax imposed by
Section 25 applies whether the avoidance was accomplished through the formation or
use of only one corporation or a chain of corporations. For example, if the capital
stock of the M Corporation is held by the N Corporation so that the dividend
distributions of the M Corporation would not be returned as income subject to the tax
on individuals until distributed in turn by the N Corporation to its individual
shareholders, nevertheless the tax imposed by Section 25 applies to the M
Corporation, if that corporation is formed or availed of for the purpose of preventing
the imposition of the tax upon the individual shareholders of the N Corporation. A
foreign corporation, whether resident or non-resident, is subject to the tax provided
for under Section 25 in the same manner and under the same circumstances as a
domestic corporation.
SECTION 19.
Purpose to avoid tax; evidence; burden of proof; definitions
of holding or investment company. The Collector of Internal Revenue's
determination that a corporation was formed or availed of for the purpose of avoiding
the tax on its shareholders or members is subject to disproof by competent evidence.
The existence or non-existence of the purpose may be indicated by circumstances
other than the evidence specified in Section 25(b), and whether or not such purpose
was present depends upon the particular circumstances of each case. In other words, a
corporation is subject to taxation under Section 25 if it is formed or availed of for the
purpose of preventing the imposition of the progressive rates of tax upon shareholders
through the medium of permitting earnings or profits to accumulate, even though the
corporation is not a mere holding or investment company 50 per cent or more of the
outstanding stock of which is owned directly or indirectly by one person, and does not
have an unreasonable accumulation of earnings or profits; and on the other hand, the
fact that a corporation is such a company or has an accumulation is not absolutely
conclusive against it if, by clear and convincing evidence, the taxpayer satisfies the
Commissioner of Internal Revenue that the corporation was neither formed nor
availed of for the purpose of avoiding the tax on individuals. All the other
circumstances which might be construed as evidence of the purpose to avoid the tax
on shareholders cannot be outlined, but among other things the following will be
considered: (1) Dealings between the corporation and its shareholders, such as
withdrawal by the shareholders as personal loans or the expenditure of funds by
corporation for the personal benefit of the shareholders, and (2) the investment by the
corporation of undistributed earnings in assets having no reasonable connection with
the business. The mere fact that the corporation distributed a large part of its earnings
for the year in question does not necessarily prove that earnings were not permitted to
accumulate beyond reasonable needs or that the corporation was not formed or
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

availed of to avoid the tax upon shareholders.


If the Commissioner of Internal Revenue determined that the corporation was
formed or availed of for the purpose of avoiding the progressive rates of tax on
individuals through the medium of permitting earnings or profits to accumulate, and
the taxpayer contests such determination of fact by litigation, the burden of proving
the determination wrong by a preponderance of evidence, together with the
corresponding burden of first going forward with evidence, is on the taxpayer under
principles applicable to income tax cases generally, and this is so even though the
corporation is not a mere holding or investment company and does not have an
unreasonable accumulation of earnings or profits. However, if the corporation is a
mere holding or investment company, then the law gives further weight to the
presumption of correctness already arising from the Commissioner of Internal
Revenue's determination by expressly providing an additional presumption of the
existence of a purpose to avoid the tax upon shareholders, while if earnings or profits
are permitted to accumulate beyond the reasonable needs of the business then the law
adds still more weight to the Commissioner of Internal Revenue's determination by
providing that irrespective of whether or not the corporation is a mere holding or
investment company, the existence of such an accumulation is determinative of the
purpose to avoid the tax upon shareholders unless the taxpayer proves the contrary by
such a clear preponderance of all the evidence that the absence of such a purpose is
unmistakable.
SECTION 20.
Holding and investment companies. A corporation
having practically no activities except holding property, and collecting the income
therefrom or investing therein, shall be considered a holding company within the
meaning of Section 25. If the activities further include, or consist substantially of,
buying and selling stocks, securities, real estate, or other investment property
(whether upon an outright or a marginal basis) so that the income is derived not only
from the investment yield but also from profits upon market fluctuations, the
corporation shall be considered an investment company within the meaning of Section
25.
SECTION 21.
Unreasonable accumulation of profits. An accumulation
of earnings or profits (including the undistributed earnings or profits of prior years) is
unreasonable if it is not required for the purposes of the business, considering all the
circumstances of the case. It is not intended, however, to prevent accumulations of
surplus for the reasonable needs of the business if the purpose is not to prevent the
imposition of the tax upon shareholders. No attempt is here made to enumerate all the
ways in which earnings or profits of a corporation may be accumulated for the
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

10

reasonable needs of the business. Undistributed income is properly accumulated if


retained for working capital needed by the business; or if invested in additions to
plant reasonably required by the business; or if in accordance with contract
obligations placed to the credit of a sinking fund for the purpose of retiring bonds
issued by the corporation. The nature of the investment of earnings or profits is
immaterial if they are not in fact needed in the business. Among other things, the
nature of the business, the financial condition of the corporation at the close of the
taxable year, and the use of the undistributed earnings or profits will be considered in
determining the reasonableness of the accumulations.
The business of a corporation is not merely that which it has previously carried
on, but includes in general any line of business which it may undertake. However, a
radical change of business when a considerable surplus has been accumulated may
afford evidence of a purpose to avoid the tax. If one corporation owns the stock of
another corporation in the same or a related line of business and in effect operates the
other corporation, the business of the latter may be considered in substance although
not in legal form the business of the first corporation. Earnings or profits of the first
corporation put into the second through the purchase of stock or otherwise may,
therefore, if a subsidiary relationship is established, constitute employment of the
income in its own business. Investment by a corporation of its income in stock and
securities of another corporation is not of itself to be regarded as employment of the
income in its business. The business of one corporation may not be regarded as
including the business of another unless the other corporation is a mere
instrumentality of the first; to establish this it is ordinarily essential that the first
corporation own all or substantially all of the stock of the second.
The Commissioner of Internal Revenue may require any corporation to furnish
a statement of its accumulated earnings and profits, the name and address of, and
number of share held by each of its shareholders or members, and the amounts that
would be payable to each, if the income of the corporation were distributed.
(Section 26 of the Code)
SECTION 22.
General co-partnerships. General co-partnerships, when
duly registered, are not subject to income tax, but are required to file returns of their
income on B.I.R. Form No. 17.04 for the purpose of furnishing information as to the
share in the gains or profits which each partner shall include in his individual return.
Individuals carrying on business in general co-partnership are, however, taxable upon
their distributive shares of the net income of such partnership, whether distributed or
not, and are required to include such distributive shares in their individual returns.
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

11

The returns of duly registered general co-partnerships should be rendered on or before


April 15 of each year or within sixty days after the end of their fiscal year depending
on whether their books are kept on the calendar or on the fiscal year basis. (Conforms
with amendments by R.A. 2343, effv. June 20, 1959.)
SECTION 23.
Distributive shares of partners. The distributive share of
the net profit of a general co-partnership must be included in the individual returns of
the partners. But where the result of partnership operation is a loss, the loss will be
divisible by the partners in the same proportion as the net income would have been
divisible (or, if the partnership agreement provides for the division of a loss in a
manner different from the division of a gain, in the manner so provided) and may be
taken by the individual partners in their respective returns of income.
(Section 27 of the Code)
SECTION 24.
Proof of exemption. In order to establish its exemption,
and thus be relieved of the duty of filing returns of income and paying the tax, it is
necessary that every organization claiming exemption file an affidavit with the
Commissioner of Internal Revenue, showing the character of the organization, the
purpose for which it was organized, its actual activities, the sources of its income and
its disposition, whether or not any of its income is credited to surplus or inures or may
inure to the benefit of any private shareholder or individual, and in general, all facts
relating to its operations which affect its right to exemption. To such affidavit should
be attached a copy of the charter or articles of incorporation, the by-laws of the
organization, and the latest financial statement showing the assets, liabilities, receipts,
and disbursement of the organization.
Upon receipt of the affidavit and other papers by the Commissioner of Internal
Revenue, the organization will be informed whether or not it is exempt. When an
organization has established its right to exemption, it need not thereafter make and file
a return of income as required under Section 46 of the Tax Code. However, the
organization should file on or before April 15 of each year, an annual information
return under oath, stating its gross income and expenses incurred during the preceding
year, and a certificate showing that there has not been any substantial change in its
By-Laws, Articles of Incorporation, manner of operation and activities as well as
sources and disposition of income. (As amended by Revenue Regulations No. 7-64,
approved November 25, 1964.)
SECTION 25.
Agricultural and horticultural organizations. The
organizations contemplated by subsection (a) of Section 27 of the Code as entitled to
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

12

exemption from income taxation are those which (1) have no net income inuring to
the benefit of any member; (2) are educational or instructive in character; and (3) have
as their objects the betterment of the conditions of those engaged in such pursuits, the
improvement of the grade of their products, and the development of a higher degree of
efficiency in their respective occupations. Organizations such as provincial fairs and
like associations of a quasi-public character, which are designed to encourage the
development of better agricultural and horticultural products through a system of
awards, prizes, or premiums, and whose income derived from gate receipts, entry
fees, donations, etc., is used exclusively to meet the necessary expenses of upkeep
and operation, are thus exempt. On the other hand, associations which have for their
purpose, for example, the holding of periodical race meets, the profits from which
may inure to the benefit of their shareholders, are not exempt. Similarly, corporations
engaged in growing agricultural or horticultural products or raising live stock or
similar products for profits are not exempt from tax under this paragraph.
ITScHa

SECTION 26.
Mutual savings bank. In order that a corporation may be
entitled to exemption as a mutual savings bank, it must appear that it is an
organization (1) which has no capital stock represented by shares, and (2) whose
earnings less only the expenses of operation, are distributable wholly among the
depositors. If it appears that the organization has shareholders who participate in the
profits, the organization will not be exempt from income tax.
SECTION 27.
Fraternal beneficiary societies. A fraternal beneficiary
society is exempt from tax only if operated under the "lodge system", or for the
exclusive benefit of the members of a society so operating. "Operating under the
lodge system" means carrying on its activities under a form of organization that
comprises local branches, chartered by a parent organization and largely
self-governing, called lodges, chapters, or the like. In order to be exempt, it is also
necessary that the society should have an established system for payment to its
members or their dependents of life, sick, accident, or other benefits.
SECTION 28.
Building and loan associations. (Now subject to tax, as
amended by Sec. 4, R.A. 82.)
SECTION 29.
Cemetery companies. A cemetery company may be
entitled to exemption, (1) if it is owned by and operated exclusively for the benefit of
its lot owners, or (2) if it is not operated for profit. Any cemetery corporation
chartered solely for burial purposes and not permitted by its charter to engage in any
business not necessarily incident to that purpose, is exempt from income tax, provided
that no part of its net earnings inures to the benefit of any private shareholder or
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

13

individual. A cemetery company which fulfills the other requirement of the statute
may be exempt, even though it issues preferred stock entitling the holders to dividend
at a fixed rate, provided that its articles of incorporation require (a) that the preferred
stock shall be retired at par as soon as sufficient funds are realized from sales, and (b)
that all funds not required for the payment of dividends upon or for the retirement of
preferred stock shall be used by the company for the care and improvement of the
cemetery property.
A cemetery company having a capital stock represented by shares, or which is
operated for profit or for the benefit of persons other than its members, does not come
within the exempted class.
SECTION 30.
Religious, charitable, scientific, athletic, cultural, and
educational corporations. A corporation falling among those enumerated in
subsection (e) of Section 27 is exempt from tax on its income (other than income of
whatever kind and character from its properties, real or personal) if such corporation
meets two tests: (a) It must be organized and operated for one or more of the specified
purposes; and (b) no part of its net income must inure to the benefit of private
stockholders or individuals.
The income of such corporation which is considered as income from their
properties, real or personal, generally consists of income from corporate dividends,
rentals received from their properties, interests received from such capital loaned to
other persons, income from agricultural lands owned by such corporations, profits
from the sale of property, real or personal, and other similar income.
Income not derived from their properties, real or personal, are exempt. For
example, in the case of a religious corporation, income from the conduct of strictly
religious activities, such as fees received for administering baptismals, solemnizing
marriages, attending burials, holding masses, and other like income, is exempt. In the
case of an educational corporation, income from the holding of an educational fair or
exhibit is exempt. However, if such exempt income is invested by the corporation, the
income from such investment, as interests from the capital where the capital has been
loaned or dividends on stock where the capital has been invested in shares of stock,
will constitute taxable income. Donations and other similar contributions received by
such corporation from other persons are exempt.
The clause "except income expressly exempt by this Title" appearing in
subsection (e) of Section 27 refers to those classes of income which, in accordance
with subsection (b) of Section 29, are exempt from taxation under Title II.
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

14

Charitable corporations include an association for the relief of the families of


clergymen, even though the latter make a contribution to the fund established for this
purpose; or for furnishing the services of trained nurses to persons unable to pay for
them; or for aiding the general body of litigants by improving the efficient
administration of justice. Educational corporations may include associations whose
sole purpose is the instruction of the public. But associations formed to disseminate
controversial or partisan propaganda are not educational within the meaning of the
law. Scientific corporations include an association for the scientific study of law with
a view to improving its administration.
It does not prevent exemption that private individuals, for whose benefit a
charity is organized, receive the income of the corporation or association. The law
refers to individuals having a personal and private interest in the activities of the
corporation, such as stockholders. If, however, a corporation issues "voting shares",
which entitle the holders upon the dissolution of the corporation to receive the
proceeds of its property, including accumulated income, the right to exemption ceases
to exist, even though the by-laws provide that the shareholders shall not receive any
dividend or other return upon their shares.
SECTION 31.
Business leagues. A business league is an association of
persons having some common business interest, which limits its activities to work for
such common interest and does not engage in a regular business of a kind ordinarily
carried on for profit. Its work need not be similar to that of a chamber of commerce or
board of trade. If it engages in a regular business of a kind ordinarily carried on for
profit, the fact that the business is conducted on a cooperative basis or produces only
sufficient income to be self-sustaining, is not ground for exemption. An association
engaged in furnishing information to prospective investors, to enable them to make
sound investments, is not exempt, since its members have no common business
interest, even though all of its income is devoted to the purpose stated. A clearing
house association, not organized for profit, no part of the net income of which inures
to any private shareholder or individual, is exempt provided its activities are limited to
the exchange of checks, and similar work for the common benefit of its members. An
association of persons who are engaged in the transportation business, whether by
land or water, which is designed to promote the legitimate objects of such business,
and all of the income of which is derived from membership dues and is expended for
office expenses is exempt from tax.
DSITEH

SECTION 32.
Civic leagues. Civic leagues entitled to exemption
comprise those not organized for profit but operated exclusively for purposes
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

15

beneficial to the community as a whole. In general, organizations engaged in


promoting the welfare of mankind are exempt from tax.
SECTION 33.
Social clubs. The exemption applies to practically all
social and recreation clubs which are supported by membership fees, dues, and
assessments. If a club, by reason of the comprehensive powers granted in the charter,
engages in business or in agriculture or horticulture, for profit, such club is not
organized and operated exclusively for pleasure, recreation, or social purposes, and
any profit realized from such activities is subject to tax.
SECTION 34.
Mutual insurance companies and like organizations. It is
necessary to exemption that the income of the company be derived solely from
assessments, dues, and fees collected from members. If income is received from other
sources, the corporation is not exempt. Income, however, from sources other than
those specified does not prevent exemption where its receipt is a mere incident of the
business of the company. Thus the receipt of interest upon a working bank balance, or
of the proceeds of the sale of badges, office supplies, or equipment, will not defeat the
exemption. The same is true of the receipt of interest upon Government bonds, where
they were purchased and were afterwards sold. Where, however, such bonds are
bought as a permanent investment, the receipt of the interest destroys the exemption.
The receipt of what is, in substance, an entrance fee, charged by a mutual fire
insurance company as a condition of membership, does not render the company
taxable, although this fee is called a premium. If an organization issues policies for
stipulated cash premiums, or if it requires advance deposits to cover the cost of the
insurance and maintains investments from which income is derived, it is not entitled
to exemption. On the other hand, an organization may be entitled to exemption,
although it makes advance assessment for the sole purpose of meeting future losses
and expenses, provided that the balance of such assessments remaining on hand at the
end of the year is retained to meet losses and expenses or is returned to members. An
organization of a purely local character is one whose business activities are confined
to a particular community, place, or district, irrespective, however, of political
subdivisions.
SECTION 35.
Farmers' cooperative marketing and purchasing
association. Cooperative associations, acting as sales agents for farmers or others,
in order to come within the exemption must establish that for their own account they
have no net income. Cooperative dairy companies, which are engaged in collecting
milk and disposing of it or the products thereof and distributing the proceeds, less
necessary operating expenses, among their members upon the basis of the quantity of
milk or of butter fat in the milk furnished by such members are exempt from the tax.
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

16

If the proceeds of the business are distributed in any other way than on such a
proportionate basis, the company will be subject to tax. A farmers' association is not
exempt from taxation where in accounting to farmers furnishing produce for the
proceeds of sales it deducts more than the necessary selling expenses incurred.
Cooperative associations acting as purchasing agents are not expressly exempt from
tax, but rebates made to purchasers, whether or not members of the association, in
proportion to their purchases may be excluded from gross income in computing the
net income subject to tax. Any profits made from non-members and distributed to
members in the guise of rebates are, of course, subject to tax.
Cooperative marketing associations duly incorporated under Act No. 3425,
known as the Cooperative Marketing Law are exempt from income tax. (See also R.A.
702 exempting cooperative marketing associations.)
(Section 28 of the Code)
SECTION 36.
Meaning of net income. The tax imposed by law is upon
income. In the computation of the tax, various classes of income must be considered:
(a) Income, in the broad sense, meaning all wealth which flows into the tax-payer
other than as a mere return of capital. It includes the forms of income specifically
described as gains and profits, including gains derived from the sale or other
disposition of capital assets. Income cannot be determined merely by reckoning cash
receipts, for the statute recognizes as income determining factor other items, among
which are inventories, accounts receivable, property exhaustion, and accounts payable
for expenses incurred. (b) Gross income, meaning income (in the broad sense) less
income which is by statutory provision or otherwise exempt from the tax imposed by
law. (c) Net income, meaning gross income less statutory deductions. The statutory
deductions are, in general, though not exclusively, expenditures other than capital
expenditures, connected with production of income. (d) In the case of a taxpayer other
than a corporation as defined in Section 84 (b) of the Code, net income means gross
income less exemptions. Ordinarily the net income is to be computed in accordance
with the method of accounting regularly employed in keeping the books of the
taxpayer.
SECTION 37.
Computation of net income. Net income must be
computed with respect to a fixed period. That period is twelve months ending
December 31st of every year except in the case of a corporation filing returns on a
fiscal year basis in which case net income will be computed on the basis of such fiscal
year. Items of income and of expenditures, which as gross income and deductions, are
elements in the computation of net income, need not be in the form of cash. It is
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

17

sufficient that such items may be appraised in terms of money. The time as of which
any item of gross income or any deduction is to be accounted for must be determined
in the light of the fundamental rule that the computation shall be made in such a
manner as would clearly reflect the taxpayer's income. If the method of accounting
regularly employed by him in keeping his books clearly reflects his income, it is to be
followed with respect to the time as of which items of gross income and deductions
are to be accounted for, otherwise the computation of net income shall be made in
such manner as in the opinion of the Commissioner of Internal Revenue would clearly
reflect it.
SECTION 38.
Bases of computation. Approved standard methods of
accounting will be ordinarily regarded as clearly reflecting income. A method of
accounting will not, however, be regarded as clearly reflecting income unless all items
of gross income and all deductions are treated with reasonable consistency. All items
of gross income shall be included in the gross income for the taxable year in which
they are received by the taxpayer and deductions taken accordingly, unless in order
clearly to reflect income such amounts are to be properly accounted for as of a
different period. For instance, in any case in which it is necessary to use an inventory,
no accounting in regard to purchases and sales will correctly reflect income except an
accrual method. A taxpayer is deemed to have received items of gross income which
have been credited to or set apart for him without restriction. On the other hand,
appreciation in value of property is not even an accrual of income to a taxpayer prior
to the realization of such appreciation through sale or conversion of the property. (For
methods of accounting and determination of accounting period, see Sections 166 to
169 of these regulations.)
(Section 29(a) of the Code)
SECTION 39.
What gross income includes. Gross income includes, in
general, compensation for personal and professional services, business income, profits
from sales of and dealings in property, interests, rents, dividends, and gains, profits,
and income derived from any source whatever, unless exempt from tax by law. In
general, income is the gain derived from capital, from labor, or from both combined,
provided it be understood to include profit gained through a sale or conversion of
capital assets. Profit of citizens, resident aliens, or domestic corporations derived from
sales in foreign commerce must be included in their gross income. Income may be in
the form of cash or of property.
IHDCcT

For the treatment of dividends for purposes of the tax, see Sections 250 to 256
of these regulations. For the treatment of capital gains, see Sections 132 to 135 of
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

18

these regulations.
SECTION 40.
Compensation for personal services. Where no
determination of compensation is had until the completion of the services, the amount
received is ordinarily income for the taxable year of its determination, if the return is
rendered on the accrual basis; or, for the taxable year in which received, if the return
is rendered on a receipts and disbursements basis. Commissions paid salesman,
compensation for services on the basis of a percentage of profits, commissions on
insurance premiums, tips, and pensions or retiring allowances paid by private persons
or by the Government of the United States or of the Philippines (except pensions
exempt by law from tax) are income to the recipients; as are also marriage fees,
baptismal offerings, sums paid for saying masses for the dead, and other contributions
received by a clergyman, evangelists, or religious worker for services rendered.
However, so-called pensions awarded by one to whom no services have been
rendered are mere gifts or gratuities and are not taxable.
SECTION 41.
Compensation paid other than in cash. Where services
are paid for with something other than money, the fair market value of the thing taken
in payment is the amount to be included as income. If the services were rendered at a
stipulated price, in the absence of evidence to the contrary, such price will be
presumed to be the fair value of the compensation received. Compensation paid an
employee of a corporation in its stock is to be treated as if the corporation sold the
stock for its market value and paid the employee in cash. When living quarters are
furnished in addition to cash salary, the rental value of such quarters should be
reported as income.
SECTION 42.
Compensation paid in promissory notes. Promissory
notes or other evidence of indebtedness received in payment for services, and not
merely as security for such payment, constitute income to the amount of their fair
market value. A taxpayer receiving as compensation a note regarded as good for its
face value at maturity, but not bearing interest, shall treat as income as of the time of
receipt the fair discounted value of the note at that time. Thus, if it appears that such a
note is or could be discounted on a 6 per cent basis, the recipient shall include such
note in his gross income to the amount of its face value less discount computed at the
prevailing rate for such transactions.
If the payment due on a note so accounted for are met as they become due,
there should be included as income in respect of each such payment so much thereof
as represents recovery for the discount originally deducted.

Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

19

SECTION 43.
Gross income from business. In the case of a
manufacturing, merchandising, or mining business, "gross income" means the total
sales, less the cost of goods sold, plus any income from investments and from
incidental or outside operations or sources. In determining the gross income,
subtractions should not be made for depreciation, depletion, selling expenses or
losses, or for items not ordinarily used in computing the cost of goods sold.
SECTION 44.
Long term contracts. Income from long-term contracts is
taxable for the period in which the income is determined, such determination
depending upon the nature and terms of the particular contract. As used herein the
term "long-term" contracts means building, installation, or construction contracts
covering a period in excess of one year. Persons whose income is derived in whole or
in par from such contracts may, as to such income, prepare their returns upon the
following bases:
(a) Gross income derived from such contracts may be reported upon the basis
of percentage of completion. In such case there should accompany the return
certificate of architects, or engineers showing the percentage of completion during the
taxable year of the entire work performed under contract. There should be deducted
from such gross income all expenditures made during the taxable year on account of
the contract, account being taken of the material and supplies on hand at the
beginning and end of the taxable period for use in connection with the work under the
contract but not yet so applied. If upon completion of a contract, it is found that the
taxable net income arising thereunder has not been clearly reflected for any year or
years, the Commissioner of Internal Revenue may permit or require an amended
return.
(b) Gross income may be reported in the taxable year in which the contract is
finally completed and accepted if the taxpayer elects as a consistent practice to so
treat such income, provided such method clearly reflects the net income. If this
method is adopted there should be deducted from gross income all expenditures
during the life of the contract which are properly allocated thereto, taking into
consideration any material and supplies charged to the work under the contract but
remaining on hand at the time of the completion.
Where a taxpayer has filed his return in accordance with the method of
accounting regularly employed by him in keeping his books and such method clearly
reflects the income, he will not be required to change to either of the methods above
set forth. If a taxpayer desires to change his method of accounting in accordance with
paragraphs (a) and (b) above, a statement showing the composition of all items
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

20

appearing upon his balance sheet and used in connection with the method of
accounting formerly employed by him, should accompany his return.
SECTION 45.
Gross income of farmers. A farmer reporting on the basis
of receipts and disbursements (in which no inventory to determine profits is used)
shall include in his gross income for the taxable year (1) the amount of cash or the
value of merchandise or other property received from the sale of live stock and
produce which were raised during the taxable year or prior years, (2) the profit from
the sale of any live stock or other items which were purchased, and (3) gross income
from all other sources. The profit from the sale of live stock or other items which
were purchased is to be ascertained by deducting the cost from the sales price in the
year in which the sale occurs, except that in the case of the sale of animals purchased
as draft or work animals, or solely for breeding or dairy purposes and not for resale,
the profit shall be the amount of any excess of the sales prices over the amount
representing the difference between the cost and the depreciation theretofore
sustained and allowed as a deduction in computing net income.
In the case of a farmer reporting on the accrual basis (in which an inventory is
used to determine profits), his gross profits are ascertained by adding to the inventory
value of live stock and products on hand at the end of the year the amount received
from the sale of live stock products, and miscellaneous receipts for hire of teams,
machinery, and the like, during the year, and deducting from this sum the inventory
value of live stock and products on hand at the beginning of the year and the cost of
live stock and products purchased during the year. In such cases all live stock raised
or purchased for sale shall be included in the inventory at their proper valuation
determined in accordance with the method authorized and adopted for the purpose.
Also, live stock acquired for drafts, breeding, or dairy purposes and not for sale may
be included in the inventory, instead of being treated as capital assets subject to
depreciation, provided such practice is followed consistently by the taxpayer. In case
of the sale of any live stock included in an inventory their cost must not be taken as an
additional deduction in the return of income, as such deduction will be reflected in the
inventory.
In every case of the sale of machinery, farm equipment, or other capital assets
(which are not to be included in an inventory if one is used to determine profits) any
excess over the cost thereof less the amount of depreciation theretofore sustained and
allowed as a deduction in computing net income, shall be included as gross income.
Where farm produce is exchanged for merchandise, groceries, or the like, the market
value of the article received in exchange is to be included in gross income. Rents
received in crop shares shall be returned as of the year in which the crop shares are
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

21

reduced to money or a money equivalent. Proceeds of insurance, such as fire and


typhoon insurance on growing crops, should be included in gross income to the
amount received in cash or its equivalent for the crop injured or destroyed. If a farmer
is engaged in producing crops which take more than a year from the time of planting
to the time of gathering and disposing, the income therefrom may be computed upon
the crop basis; but in any such cases the entire cost of producing the crop must be
taken as a deduction in the year in which the gross income from the crop is realized.
EaICAD

As herein used the term "farm" embrace the farm in the ordinarily accepted
sense, and includes stock, dairy, poultry, fruit, and truck farms, also plantations,
ranches, and all land used for farming operations. All individuals, partnerships, or
corporations that cultivate, operate, or manage farms for gain or profit either as
owners, or tenants, are designated farmers. A person cultivating or operating a farm
for recreation or pleasure, the result of which is a continual loss from year to year, is
not regarded as a farmer.
SECTION 46.
Sale of patents and copyrights. A taxpayer disposing of
patents or copyrights by sale should determine the profit or loss arising therefrom by
computing the difference between the selling price and the cost. The taxable income
in the case of patents or copyrights acquired prior to March 1, 1913, should be
ascertained in accordance with the provisions of section 136 of these regulations. The
profit or loss thus ascertained should be increased or decreased, as the case may be,
by the amounts deducted on account of depreciation of such patent or copyrights since
March 1, 1913, or since the date of acquisition if subsequent thereto.
SECTION 47.
Sale of goodwill. Gain or loss from a sale of goodwill
results only when the business, or a part of it, to which the goodwill attaches is sold,
in which case the gain or loss will be determined by comparing the sale price with the
cost or other basis of the assets, including goodwill. If specific payment was not made
for goodwill acquired after March 1, 1913, there can be no deductible loss with
respect thereto, but gain may be realized from the sale of goodwill built up through
expenditures which have been currently deducted. It is immaterial that goodwill may
never have been carried on the books as an asset but the burden of proof is on the
taxpayer to establish the cost or fair market value on March 1, 1913, of the goodwill
sold.
SECTION 48.
Annuities and insurance policies. Annuities paid by
religious, charitable, and educational corporations under an annuity contract are
subject to tax to the extent that the aggregate amount of the payments to the annuitant
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

22

exceeds the amounts paid by him as consideration for the contract. An annuity
charged upon devised land is taxable to a donee-annuitant, whether paid by the
devisee out of the rents of the land or from other sources. The devisee is not required
to return as gross income the amount of rent paid to the annuitant, and he is not
entitled to deduct from his gross income any sums paid to the annuitant. Amounts
received by an insured as a return of premiums paid by him under life insurance,
endowment, or annuity contracts, such as the so-called "dividends" of a mutual
insurance company, which may be credited against the current premium, are not
subject to tax. Distributions on paid-up policies which are made out of earnings of the
insurance company subject to tax are in the nature of corporate dividends and should
be included in the taxable income of the individual, without any credit for the amount
of tax paid by the corporation at source.
SECTION 49.
Improvements by lessees. When buildings are erected or
improvements made by a lessee in pursuance of an agreement with the lessor, and
such buildings or improvements are not subject to removal by the lessee, the lessor
may at his option report the income therefrom upon either of the following bases;
(a) The lessor may report as income at the time when such buildings or
improvements are completed the fair market value of such buildings or improvements
subject to the lease.
(b) The lessor may spread over the life of the lease the estimated depreciated
value of such buildings or improvements at the termination of the lease and report as
income for each year of the lease an aliquot part thereof.
If for any other reason than a bona fide purchase from the lessee by the lessor
the lease is terminated, so that the lessor comes into possession or control of the
property prior to the time originally fixed for the termination of the lease, the lessor
receives additional income for the year in which the lease is so terminated to the
extent that the value of such buildings or improvements when he became entitled to
such possession exceeds the amount already reported as income on account of the
erection of such buildings or improvements. No appreciation in value due to causes
other than the premature termination of the lease shall be included. Conversely, if the
building or improvements are destroyed prior to the expiration of the lease, the lessor
is entitled to deduct as a loss for the year when such destruction takes place the
amount previously reported as income because of the erection of such buildings or
improvements, less any salvage value subject to the lease to the extent that such loss
was not compensated for by insurance. If the buildings or improvements destroyed
were acquired prior to March 1, 1913, the deduction shall be based on the cost or the
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

23

value subject to the lease to the extent that such loss was not compensated for by
insurance.
SECTION 50.
Forgiveness of indebtedness. The cancellation and
forgiveness of indebtedness may amount to a payment of income, to a gift, or to a
capital transaction, dependent upon the circumstances. If, for example, an individual
performs services for a creditor, who, in consideration thereof cancels the debt,
income to that amount is realized by the debtor as compensation for his services. If,
however, a creditor merely desires to benefit a debtor and without any consideration
therefor cancels the debt, the amount of the debt is a gift from the creditor to the
debtor and need not be included in the latter's gross income. If a corporation to which
a stockholder is indebted forgives the debt, the transaction has the effect of the
payment of a dividend.
SECTION 51.
When income is to be reported. Gains, profits, and
income are to be included in the gross income for the taxable year in which they are
received by the taxpayer, unless they are included when they accrue to him in
accordance with the approved method of accounting followed by him. If a person sues
in one year on a pecuniary claim or for property, and money or property is recovered
on a judgment therefore in a later year, income is realized in that year, assuming that
the money or property would have been income in the earlier year if then received.
This is true of a recovery for patent infringement. Bad debts or accounts charged off
subsequent to March 1, 1913, because of the fact that they were determined to be
worthless, which are subsequently recovered, whether or not by suit, constitute
income for the year in which recovered, regardless of the date when amounts were
charged off.
SECTION 52.
Income constructively received. Income which is
credited to the account of or set apart for a taxpayer and which may be drawn upon by
him at any time is subject to tax for the year during which so credited or set apart,
although not then actually reduced to possession. To constitute receipt in such a case
the income must be credited to the taxpayer without any substantial limitation or
restriction as to the time or manner of payment or condition upon which payment is to
be made. A book entry, if made, should indicate an absolute transfer from one account
to another. If the income is not credited, but is set apart, such income must be
unqualifiedly subject to the demand of the taxpayer. Where a corporation contingently
credits its employees with bonus stock, but the stock is not available to such
employees until some future date, the mere crediting on the books of the corporation
does not constitute receipt.
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

24

SECTION 53.
Examples of constructive receipt. When interest coupons
have matured and are payable, but have not been cashed, such interest payment
though not collected when due and payable, is nevertheless available to the taxpayer
and should therefore be included in his gross income for the year during which the
coupons matured. This is true if the coupons are exchanged for other property instead
of eventually being cashed. Defaulted coupons are income for the year in which paid.
The distributive share of the profits of a partner in a general co-partnership duly
registered is regarded as received by him, although not distributed. Interest credited
on savings bank deposits, even though the bank nominally has a rule, seldom or never
enforced, that it may require so many days' notice in advance of cashing depositors'
checks, is income to the depositor when credited. An amount credited to shareholders
of a building and loan association, when such credit passes without restriction to the
shareholder, has taxable status as income for the year of the credit. When the amount
of such accumulations has not become available to the shareholder until the maturity
of a share, the amount of any share in excess of the aggregate amount paid in by the
shareholder is income for the year of maturity of the share.
TaSEHC

SECTION 54.
Creation of corporate sinking fund. If a corporation in
order solely to secure payment of its bonds or other indebtedness, places property in
trust, or sets aside certain amounts in a sinking fund under the control of a trustee who
may be authorized to invest and reinvest such sums from time to time, the property or
fund thus set aside by the corporation and held by the trustee is an asset of the
corporation, and any gain arising therefrom is income of the corporation and shall be
included as such in its annual return.
SECTION 55.
Acquisition or disposition by a corporation of its own
capital stock. Whether the acquisition or disposition by a corporation of share of
its own capital stock gives rise to taxable gain or deductible loss depends upon the
real nature of the transaction, which is to be ascertained from all its facts and
circumstances. The receipt by a corporation of the subscription price of shares of its
capital stock upon their original issuance gives rise to neither taxable gain nor
deductible loss, whether the subscription or issue price be in excess of, or less than,
the par or stated value of such stock.
But if a corporation deals in its own shares as it might in the shares of another
corporation, the resulting gain or loss is to be computed in the same manner as though
the corporation were dealing in the shares of another. So also if the corporation
receives its own stock as consideration upon the sale of property by it, or in
satisfaction of indebtedness to it, the gain or loss resulting is to be computed in the
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

25

same manner as though the payment had been made in any other property. Any gain
derived from such transaction is subject to tax, and any loss sustained is allowable as
deduction where permitted by the provisions of Title II.
SECTION 56.
Contributions by shareholders. Where a corporation
requires additional funds for conducting its business and obtains such needed money
through voluntary pro rata payments by its shareholders, the amounts so received
being credited to its surplus account or to a special capital account, will not be
considered income, although there is no increase in the outstanding shares of stock of
the corporation. The payments in such circumstances are in the nature of voluntary
assessments upon, and represent an additional price paid for, in shares of stock held
by the individual shareholders, and will be treated as an addition to and as a part of
the operating capital of the company.
SECTION 57.
Sale and retirement of corporate bonds. (1) (a) If bonds
are issued by a corporation at their face value, the corporation realizes no gain or loss.
(b) If thereafter the corporation purchases and retires any of such bonds at a price in
excess of the issuing price or face value, the excess of the purchase price over the
issuing price or face value is a deductible expense for the taxable year. (c) If,
however, the corporation purchases and retires any of such bonds at a price less than
the issuing price or face value, the excess of the issuing price or face value over the
purchase price is gain or income for the taxable year.
(2) (a) If bonds are issued by a corporation at a premium, the net amount of
such premium is gain or income which should be prorated or amortized over the life
of the bond. (b) If thereafter the corporation purchases and retires any of such bonds
at a price in excess of the issuing price minus any amount of premium already
returned as income, the excess of the purchase price over the issuing price minus any
amount of premium already returned as income (or over the face value plus any
amount of premiums not yet returned as income) is a deductible expenses for the
taxable year. (c) If, however, the corporation purchases and retires any of such bonds
at a price less than the issuing price minus any amount of premium already returned
as income, the excess of the issuing price minus any amount of premium already
returned as income (or of the face value plus any amount of premium not yet returned
as income) over the purchase price is gain or income for the taxable year.
(3) (a) If bonds are issued by a corporation at a discount, the net amount of
such discount is deductible and should be prorated or amortized over the life of the
bonds. (b) If thereafter the corporation purchases and retires any of such bonds at a
price in excess of the issuing price plus any amount of discount already deducted, the
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

26

excess of the purchase price over the issuing price plus any amount of discount
already deducted (or over the face value minus any amount of discount not yet
deducted), is a deductible expense for the taxable year. (c) If, however, the
corporation purchases and retires any of such bonds at a price less than the issuing
price plus any amount of discount already deducted, the excess of the issuing price
plus any amount of discount already deducted (or of the face value minus any amount
of discount not yet deducted) over the purchase price is gain or income for the taxable
year.
SECTION 58.
Income of corporation from leased property. Where a
corporation has leased its property in consideration that the lessee shall pay in lieu of
other rental an amount equivalent to a certain rate of dividend on the lessor's capital
stock or the interest on the lessor's outstanding indebtedness, together with taxes,
insurance or other fixed charges, such payments shall be considered rental payments
and shall be returned by the lessor corporation as income, notwithstanding the fact
that the dividends and interest are paid by the lessee directly to the shareholders and
bondholders of the lessor. The fact that a corporation has conveyed or let its property
and has parted with its management and control, or has ceased to engage in the
business for which it was originally organized, will not relieve it from liability to the
tax. While the payments made by the lessee directly to the bondholders or
shareholders of the lessor are rentals as to both the lessee and lessor (rentals paid in
one case and rentals received in the other), to the bondholders and the shareholders,
such amounts are interest and dividend payments received as from the lessor and as
such shall be accounted for in their returns.
SECTION 59.
Gross income of a corporation in liquidation. When a
corporation is dissolved, its affairs are usually wound up by a receiver or trustee in
dissolution. The corporate existence is continued for the purpose of liquidating the
assets and paying the debts, and such receiver or trustee stands in the stead of the
corporation for such purposes. Any sales of property by them are to be treated as if
made by the corporation for the purpose of ascertaining the gain or loss.
SECTION 60.
Gross income of foreign corporations. The gross income
of a foreign corporation subject to tax consists of its gross income from sources within
the Philippines. Gross income from sources within the Philippines, as applied to
foreign corporations, shall include interest received on bonds, notes, or other
interest-bearing obligations issued by residents, corporate or otherwise, as well as
income derived from dividends on the capital stock or from the net earnings of
domestic or resident foreign corporations, joint stock companies, associations, or
insurance companies, dividends from other foreign corporations to the extent provided
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

27

in Section 37 of the Code, and likewise income from rentals and royalties from all
sources within the Philippines.
(Section 29(b) of the Code)
SECTION 61.
Exclusions from gross income. The term "gross income"
as used in the Act does not include those items of income exempted by statute or by
fundamental law. Such tax-free income should not be included in the income tax
return unless information regarding it is specifically called for. The exclusion of such
income should not be confused with the reduction of gross income by the application
of allowable deductions.
SECTION 62.
Proceeds of insurance. The proceeds of life-insurance
policies, paid by reason of the death of an insured to his estate or to any beneficiary
(individual, partnership, or corporation, but not a transferee for a valuable
consideration), directly or in trust, are excluded from the gross income of the
beneficiary. It is immaterial whether the proceeds are received in a single sum or in
installments. If, however, such proceeds are held by the insurer under an agreement to
pay interest thereon, the interest payments must be included in gross income.
Amounts received (other than amounts paid by reason of the death of the insured and
interest payments on such amounts) under a life insurance, endowment, or annuity
contract are excluded from gross income but, if such amounts (when added to
amounts received before the taxable year under such contract) exceed the aggregate
premiums or consideration paid (whether or not paid during the taxable year) then the
excess shall be included in gross income. However, in the case of a transfer for a
valuable consideration, by assignment or otherwise, of a life insurance, endowment,
or annuity contract, or any interest therein, only the actual value of such consideration
and the amount of the premiums and other sums subsequently paid by the transferee
are exempt from taxation.
SECTION 63.
Amounts received as compensation for injuries or sickness.
The amounts received by an insured or his estate or beneficiaries through accident
or health insurance or under workmen's compensation acts as compensation for
personal injuries or sickness are excluded from the gross income of the insured, his
estate, and other beneficiaries. Any damages recovered by suit or agreement on
account of such injuries or sickness are similarly excluded from the gross income of
the individual injured or sick, if living, or of his estate or other beneficiaries entitled
to receive such damages, if dead.
SECTION 64.
Copyright 2014

Gifts and bequests. Property received as a gift or

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

28

received under a will or testament or through legal succession, is exempt from the
income tax, although the income therefrom or income derived from its investment,
sale, or otherwise is not. An amount of principal paid under a marriage settlement is a
gift. Neither alimony nor an allowance based on a separation agreement is taxable
income.
(Section 30(a) of the Code)
SECTION 65.
Business expenses. Business expenses deductible from
gross income include the ordinary and necessary expenditures directly connected with
or pertaining to the taxpayer's trade or business. The cost of goods purchased for
resale, with proper adjustment for opening and closing inventories, is deducted from
gross sales is computing gross income. Among the items included in business
expenses are management expenses, commissions, labor, supplies, incidental repairs,
operating expenses of transportation, equipment used in the trade or business,
traveling expenses while away from home solely in the pursuit of a trade or business,
advertising and other selling expenses, together with insurance premiums against fire,
storm, theft, accident, or other similar losses in the case of a business, and rental for
the use of business property. A taxpayer is entitled to deduct the necessary expenses
paid in carrying on his business from his gross income from whatever source.
SECTION 66.
Traveling expenses. Traveling expenses as ordinarily
understood, include transportation expenses and meals and lodging. If the trip is
undertaken for other than business purposes, the transportation expenses are personal
expenses, and the meals and lodging are living expenses, and therefore, not
deductible. If the trip is solely on business, the reasonable and necessary traveling
expenses, including transportation expenses, meals and lodging, become business
instead of personal expenses.
(a) If, then, an individual, whose business requires him to travel receives a
salary as full compensation for his services, without reimbursement for traveling
expenses, or is employed on a commission basis with no expense allowance, his
traveling expenses, including the entire amount expended far meals and lodging, are
deductible from gross income.
(b) If an individual receives a salary and is also repaid his actual traveling
expenses, he shall include in gross income, the amount so repaid and may deduct such
expenses.
aDcHIC

(c) If an individual receives a salary and also an allowance for meals and
lodging, as for example, a per diem allowance in lieu of subsistence, the amount of
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

29

the allowance should be included in gross income and the cost of such meals and
lodging may be deducted therefrom.
A payment for the use of a sample room at a hotel for the display of goods is a
business expense. Only such expenses as are reasonable and necessary in the conduct
of the business and directly attributable to it may be deducted. A taxpayer claiming
the benefit of the deductions referred to herein must attach to his return a statement
showing (1) the nature of the business in which he is engaged; (2) the number of days
away from home during the taxable year on account of business; (3) the total amount
of expenses incident to meals and lodging while absent from home and business
during the taxable year; (4) the total amount of other expenses incident to travel and
claimed as a deduction.
Claim for the deductions referred to herein must be substantiated, when
required by the Commissioner of Internal Revenue by record showing in detail the
amount and nature of the expenses incurred.
SECTION 67.
Cost of materials. Taxpayers carrying materials and
supplies on hand should include in expenses the charges for materials and supplies
only to the amount that they are actually consumed and used in operation during the
year for which the return is made, provided that the cost of such materials and
supplies has not been deducted in determining the net income for any previous year. If
a taxpayer carries incidental materials or supplies on hand for which no record of
consumption is kept or of which physical inventories at the beginning and end of the
year are not taken, it will be permissible for the taxpayer to include in his expenses
and deduct from gross income the total cost of such supplies and materials as were
purchased during the year for which the return is made, provided the net income is
clearly reflected by this method.
SECTION 68.
Repairs. The cost of incidental repairs which neither
materially add to the value of the property nor appreciably prolong its life, but keep it
in an ordinarily efficient operating condition, may be deducted as expense, provided
the plant or property account is not increased by the amount of such expenditure.
Repairs in the nature of replacement, to the extent that they arrest deterioration and
appreciably prolong the life of the property should be charged against the depreciation
reserves if such account is kept.
SECTION 69.
Professional expenses. A professional may claim as
deductions the cost of supplies used by him in the practice of his profession, expenses
paid in the operation and repair of transportation equipment used in making
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

30

professional calls, dues to professional societies and subscriptions to professional


journals, the rent paid for office rooms, the expenses of the fuel, light, water,
telephone, etc.; used in such offices, and the hire of office assistants. Amounts
currently expended for books, furnitures, and professional instruments and equipment,
the useful life of which is short, may be deducted. But amounts expended for books,
furniture, and professional instruments and equipment of a permanent character are
not allowable as deductions.
SEHTIc

SECTION 70.
Compensation for personal services. Among the
ordinary and necessary expenses paid or incurred in carrying on any trade or business
may be included a reasonable allowance for salaries or other compensation for
personal services actually rendered. The test of deductibility in the case of
compensation payments is whether they are reasonable and are, in fact, payments
purely for service. This test and its practical application may be further stated and
illustrated as follows:
(1) Any amount paid in the form of compensation, but not in fact as the
purchase price of services, is not deductible. (a) An ostensible salary paid by a
corporation may be a distribution of dividend on stock. This is likely to occur in the
case of a corporation having few shareholders, practically all of whom draw salaries.
If in such a case the salaries are in excess of those ordinarily paid for similar services,
and the excessive payment correspond or bear a close relationship to the
stockholdings of the officers or employees, it would seem likely that the salaries are
not paid wholly for services rendered, but that the excessive payments are a
distribution of earnings upon the stock. (b) An ostensible salary may be in part
payment for property. This may occur, for example, where a partnership sells out to a
corporation, the former partners agreeing to continue in the service of the corporation.
In such a case it may be found that the salaries of the former partners are not merely
for services, but in part constitute payment for the transfers of their business.
(2) The form or method of fixing compensation is not decisive as to
deductibility. While any form of contingent compensation invites scrutiny as a
possible distribution of earnings of the enterprise, it does not follow that payments on
a contingent basis are to be treated fundamentally on any basis different from that
applying to compensation at a flat rate. Generally speaking, if contingent
compensation is paid pursuant to a free bargain between the employer and the
individual made before the services are rendered, not influenced by any consideration
on the part of the employer other than that of securing on fair and advantageous terms
the services of the individual, it should be allowed as a deduction even though in the
actual working out of the contract it may prove to be greater than the amount which
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

31

would ordinarily be paid.


(3) In any event the allowance for compensation paid may not exceed what is
reasonable in all the circumstances. It is in general just to assume that reasonable and
true compensation is only such amount as would ordinarily be paid for like services
by like enterprises in like circumstances. The circumstances to be taken into
consideration are those existing at the date when the contract for services was made,
not those existing at the date when the contract is questioned.
SECTION 71.
Treatment of excessive compensation. The income tax
liability of the recipient in respect of an amount ostensibly paid to him as
compensation, but not allowed to be deducted as such by the payer, will depend upon
the circumstances of each case. Thus, in the case of excessive payments by
corporations, if such payments correspond or bear a close relationship to
stockholdings, and are found to be distribution of earnings or profits, the excessive
payments will be treated as dividend. If such payments constitute payment for
property, they should be treated by the payer as a capital expenditure and by the
recipient as part of the purchase price.
HSCcTD

SECTION 72.
Bonuses to employees. Bonuses to employees will
constitute allowable deductions from gross income when such payments are made in
good faith and as additional compensation for the services actually rendered by the
employees, provided such payment, when added to the stipulated salaries, do not
exceed a reasonable compensation for the service rendered. It is immaterial whether
such bonuses are paid in cash or in kind or partly in cash and partly in kind.
Donations made to employees and others, which do not have in them the element of
compensation or are in excess of reasonable compensation for services, are not
deductible from gross income.
SECTION 73.
Pensions, compensation for injuries. Amounts paid for
pensions to retired employees or to their families or others dependent upon them, or
on account of injuries received by employees, and lump-sum amounts paid or accrued
as compensation for injuries, are proper deductions as ordinary and necessary
expenses. Such deductions are limited to the amount not compensated for by
insurance or otherwise. When the amount of the salary of an officer or employee is
paid for a limited period after his death to his widow or heirs, in recognition of the
services rendered by the individual, such payments may be deducted. Salaries paid by
employers to employees who are absent in the military, naval or other service of the
Government, but who intend to return at the conclusion of such service, are allowable
deductions. (See Section 118 of these regulations, relative to pension trust.)
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

32

SECTION 74.
Rentals. Where a leasehold is acquired for business
purposes for a specified sum, the purchaser may take as a deduction in his return an
aliquot part of such sum each year, based on the number of years the lease has to run.
Taxes paid by a tenant to or for a landlord for business property are additional rent
and constitute a deductible item to the tenant and taxable income to the landlord, the
amount of the tax being deductible by the latter. The cost borne by a lessee in erecting
buildings or making permanent improvements on ground of which he is lessee is held
to be a capital investment and not deductible as a business expense. In order to return
to such taxpayer his investment of capital, an annual deduction may be made from
gross income of an amount equal to the cost of such improvements divided by the
number of years remaining of the term of lease, and such deduction shall be in lieu of
a deduction for depreciation. If the remainder of the term of lease is greater than the
probable life of the buildings erected, or of the improvements made, this deduction
shall take the form of an allowance for depreciation.
SECTION 75.
Expenses of farmers. A farmer who operates a farm for
profit is entitled to deduct from gross income as necessary expenses all amounts
actually expended in the carrying on of the business of farming. The cost of ordinary
tools of short life or small cost, such as hand tools, including shovels, rakes, etc., may
be included. The cost of feeding and raising livestock may be treated as an expense
deduction, in so far as such cost represents actual outlay, but not including the value
of farm produce grown upon the farm or the labor of the taxpayer. Where a farmer is
engaged in producing crops which take more than a year from the time of planting to
the process of gathering and disposal, expenses deducted may be determined upon the
crop basis, and such deductions must be taken in the year in which the gross income
from the crop has been realized. The cost of farm machinery, equipment, and farm
buildings represents a capital investment and is not an allowable deduction as an item
of expense. Amounts expended in the development of farms, orchards, and ranches,
prior to the time when the productive state is reached may be regarded as investments
of capital. Amounts expended in purchasing work, breeding or dairy animals are
regarded as investments of capital, and may be depreciated unless such animals are
included in an inventory in accordance with Section 149 of these regulations. The
purchase price of transportation equipment even when wholly used in carrying on
farm operations, is not deductible but is regarded as an investment of capital. The cost
of gasoline or fuel, repairs, and upkeep of the transportation equipment if used wholly
in the business of farming is deductible as an expense; if used partly for business
purposes and partly for the pleasure or convenience of the taxpayer or his family,
such cost may be apportioned according to the extent of the use for purposes of
business and pleasure or convenience, and only the proportion of such cost justly
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

33

attributable to business purposes is deductible as a necessary expense. If a farm is


operated for recreation or pleasure and not on a commercial basis, and if the expenses
incurred in connection with the farm are in excess of the receipt therefrom, the entire
receipts from the sale of products may be ignored in rendering a return of income, and
the expenses incurred, being regarded as personal expenses, will not constitute
allowable deduction.
SECTION 76.
When charges are deductible. Each year's return, so far
as practicable, both as to gross income and deductions therefrom, should be complete
in itself, and taxpayers are expected to make every reasonable effort to ascertain the
facts necessary to make a correct return. The expenses, liabilities, or deficit of one
year cannot be used to reduce the income of a subsequent year. A taxpayer has the
right to deduct all authorized allowances and it follows that if he does not within any
year deduct certain of his expenses, losses, interests, taxes, or other charges, he can
not deduct them from the income of the next or any succeeding year. If it is
recognized, however, that particularly in a going business of any magnitude there are
certain overlapping items both of income and deduction, and so long as these
overlapping items do not materially distort the income, they may be included in the
year in which the taxpayer, pursuant to a consistent policy, takes them into his
accounts. Judgments or other binding judicial adjudication, on account of damages for
patent infringement, personal injuries, or other cause, are deductible from gross
income when the claim is so adjudicated or paid, unless taken under other methods of
accounting which clearly reflect the correct deduction, less any amount of such
damages as may have been compensated for by insurance or otherwise: If subsequent
to its occurrence, however, a taxpayer first ascertains the amount of a loss sustained
during a prior taxable year which has not been deducted from gross income, he may
render an amended return for such preceding taxable year including such amount of
loss in the deduction from gross income and may in proper cases file a claim for
refund of the excess tax paid by reason of the failure to deduct such loss in the
original return. A loss from theft or embezzlement occurring in one year and
discovered in another is ordinarily deductible for the year in which sustained.
SECTION 77.
Expenses allowable to non-resident aliens and foreign
corporations. The expenses allowable to a non-resident alien or a foreign
corporation consist of only such expenses as are incurred in carrying on any business
or trade conducted within the Philippines exclusively.
(Section 30(b) of the Code)
SECTION 78.
Copyright 2014

Interest. Interest paid or accrued within the taxable year

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

34

on indebtedness may be deducted from gross income, except that interest on


indebtedness incurred or continued to purchase bonds and other securities, the interest
upon which is exempt from tax, is not deductible. Interest paid by the taxpayer on a
mortgage upon real estate of which he is the legal or equitable owner, even though the
taxpayer is not directly liable upon the bond or not secured by such mortgage, may be
deducted as interest on his indebtedness.
In the case of a non-resident alien individual or foreign corporation, the
allowable deduction will be the proportion of such interest which the amount of gross
income from sources within the Philippines bears to the amount of gross income from
all sources within and without this country; however, to avail of this deduction, such
non-resident alien individual or foreign corporation shall include in the return all the
information necessary for its calculation.
Interest paid by a corporation on scrip dividends is an allowable deduction.
So-called interest on preferred stock, which is in reality a dividend thereon, can not be
deducted in computing net income. In the case of banks and loan or trust companies,
interest paid within the year on deposits or on moneys received for investment and
secured by interest-bearing certificates of indebted issued by such hank or loan or
trust company may be deducted from gross income.
SECTION 79.
Interest on capital. Interest calculated for cost-keeping or
other purposes on account of capital or surplus invested in the business, which does
not represent a charge arising under an interest-bearing obligation, is not allowable
deduction from gross income.
(Section 30(c) of the Code)
SECTION 80.
Taxes in general. As a general rule, taxes are deductible
with the exception of those with respect to which the law does not permit deduction.
However, in the case of a non-resident alien individual and a foreign corporation,
deduction is allowed only if and to the extent that the taxes for which deduction is
claimed are connected with income from sources within the Philippines.
Import duties paid to the proper customs officers, and business, occupation,
license, privilege, excise and stamp taxes and any other taxes of every name or nature
paid directly to the Government of the Philippines or to any political subdivision
thereof, are deductible. The word "taxes" means taxes proper and no deductions
should be allowed for amounts representing interest, surcharge, or penalties incident
to delinquency. Postage is not a tax. Automobile registration fees are considered
taxes. Taxes are deductible as such only by the person upon whom they are imposed.
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

35

Thus the merchants' sales tax imposed by law upon sales is not deductible by the
individual purchaser even though the tax may be billed to him as a separate item.
DHECac

In computing the net income of an individual no deduction is allowed for the


taxes imposed upon his interest as shareholder of a bank or other corporation, which
are paid by the corporation without reimbursement from the taxpayer. The amount so
paid should not be included in the income of the shareholder.
In the case of corporate bonds or other obligations containing a tax-free
covenant clause the corporation paying a tax or any part of it, for someone else
pursuant to its agreement is not entitled to deduct such payment from gross income on
any ground.
SECTION 81.
Income tax imposed by the Government of the Philippines.
The law does not permit the deduction of the income tax paid to or accrued in
favor of the Government of the Philippines, and in no case may the taxpayer avail of
such deduction.
SECTION 82.
Income, war-profits, and excess-profits taxes imposed by
the authority of a foreign country. Income, war-profits, and excess-profits taxes
imposed by the authority of a foreign country (including the United States and
possessions thereof) are allowed as deductions only if the taxpayer does not signify in
his return his desire to have to any extent the benefits of the provisions of law
allowing credits against the tax for taxes of foreign countries. In the case of a citizen
of a foreign country residing in the Philippines whose income from sources within
such foreign country is not subject to income tax, only that portion of the taxes paid to
such foreign country which corresponds to his net income subject to the Philippine
income tax shall be allowed as deduction.
SECTION 83.
Estate, inheritance, and gift taxes: taxes assessed against
local benefits. Estate, inheritance, and gift taxes are not deductible.
So-called taxes, more properly assessments, paid for local benefits, such as
street, sidewalk, and other like improvements, imposed because of and measured by
some benefit inuring directly to the property against which the assessment is levied,
do not constitute an allowable deduction from gross income. A tax is considered
assessed against local benefits when the property subject to the tax is limited to the
property benefited. Special assessments are not deductible, even though an incidental
benefit may inure to the public welfare. The taxes deductible are those levied for the
general public welfare, by the proper taxing authorities at a like rate against all
property in the territory over which such authorities have jurisdiction. When
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

36

assessments are made for the purpose of maintenance or repair of local benefits, the
taxpayer may deduct assessments paid as an expense incurred in business, if the
payment of such assessments is necessary to the conduct of his business. When the
assessments are made for the purpose of constructing local benefits, the payments by
the taxpayer are in the nature of capital expenditures and are not deductible. Where
assessments are made for the purpose of both construction and maintenance or
repairs, the burden is on the taxpayer to show the allocation of the amounts assessed
to the different purposes. If the allocation can not be made, none of the amounts so
paid is deductible.
SECTION 84.
Analysis of credit for taxes: If the taxpayer signifies in
his return his desire to claim a credit for taxes, the basis of such credit, in the case of a
citizen of the Philippines, whether resident or non-resident, and in the case of a
domestic corporation, is as follows: (a) The amount of any income, war-profits, and
excess-profits taxes paid or accrued during the taxable year to any foreign country;
and (b) an individual's proportionate share of any such taxes of which he is a partner
or of an estate or trust of which he is a beneficiary paid or accrued during the taxable
year to a foreign country if his distributive share of the income of such partnership or
trust is reported for taxation under Title II of the Code.
In the case of an alien resident of the Philippines who signifies in his return his
desire to claim a credit for such taxes the basis of the credit is as follows: (a) The
amount of any such taxes paid or accrued during the taxable year to any foreign
country if the foreign country of which such alien resident is a citizen or subject, in
imposing such taxes, allows a similar credit to citizens of the Philippines residing in
such country; and (b) his proportionate share of any such taxes of a partnership of
which he is a partner or an estate or trust of which he is a beneficiary paid or accrued
during the taxable year to any foreign country if his distributive share of the net
income of such partnership or trust is reported for taxation under Title II of the Code,
and if the foreign country of which such alien resident is a citizen or subject, in
imposing such taxes, allows a similar credit to citizens of the Philippines residing in
such country.
If a taxpayer signifies in his return his desire to claim credit for taxes, such
action will be considered to apply to income, war-profits, and excess-profits taxes
paid to all foreign countries (including the United States and possessions thereof), and
no portion of any such taxes shall be allowed as a deduction from gross income.
SECTION 85.
Meaning of terms. The "amount of any income,
war-profits, and excess-profits taxes paid or accrued during the taxable year" means
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

37

taxes proper (no credit being given for amounts representing interest or penalties) paid
or accrued during the taxable year on behalf of the taxpayer claiming credit. "Foreign
country" means any foreign state or political subdivision thereof, or any foreign
political entity, which levies and collects income, war-profits, or excess-profits taxes,
and includes the United States or any political subdivision thereof.
SECTION 86.
Conditions of allowance of credits. If the taxpayer
signifies in his return his desire to claim credit for income, war-profits, or
excess-profits taxes paid other than to the Philippines, the income tax return must be
accompanied by the appropriate form prescribed by the Commissioner of Internal
Revenue. The form must be carefully filled in with all the information there called for
and with the calculations of credits there indicated, and must be duly signed and
sworn to or affirmed. If credit is sought for taxes already paid the form must have
attached to it the receipt for each such tax payment. If credit is sought for taxes
accrued, the form must have attached to it the return on which each such accrued tax
was based. This receipt or return so attached must be either the original, a duplicate
original, a duly certified or authenticated copy, or a sworn copy. In case only a sworn
copy of a receipt or return is attached, there must be kept readily available for
comparison on request the original, a duplicate original, or a duly certified or
authenticated copy. If the receipt of the return is in a foreign language, a certified
translation thereof must be furnished by the taxpayer. Any additional information
necessary for the determination of the amount of income derived from sources
without the Philippines and from each foreign country shall, upon the request of the
Commissioner of Internal Revenue, be furnished by the taxpayer.
In the case of a credit sought for a tax accrued but not paid, the Commissioner
of Internal Revenue may in addition require as a condition precedent to the allowance
of credit a bond from the taxpayer. It shall be in such sum as the Commissioner of
Internal Revenue may prescribe, and shall be conditioned for the payment by the
taxpayer of any amount of tax found due upon any redetermination of the tax made
necessary by such credit proving incorrect, with such further conditions as the
Commissioner of Internal Revenue may require. This bond shall be executed by the
taxpayer, or the agent or representative of the taxpayer, as principal, and by sureties
satisfactory to and approved by the Commissioner of Internal Revenue.
aEcADH

If it is the desire of the taxpayer to claim as a credit and not as a deduction


accrued income, war-profits, and excess profits taxes imposed by the authority of any
foreign country or possession of the United States but at the time the return is made it
is impossible to estimate the amount of such taxes that may have accrued for the
period for which the return is made, the form required under this section may be filed
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

38

at a later date but a credit cannot be allowed for such taxes unless the taxpayer
signifies in his return his desire to have to any extent the benefits of Section 30(c) (3)
to (9).
SECTION 87.
Redetermination of tax when credit proves incorrect. In
case credit has been given for taxes accrued, or a proportionate share thereof, and the
amount that is actually paid on account of such taxes, or a proportionate share thereof,
is not the same as the amount of such credit, or in case any tax payment credited is
refunded in whole or in part, the taxpayer shall immediately notify the Commissioner
of Internal Revenue. The Commissioner of Internal Revenue will thereupon
redetermine the amount of the tax of such taxpayer for the year or years for which
such incorrect credit was granted. The amount of tax, if any, due upon such
redetermination shall be paid by the taxpayer upon notice and demand by the
Commissioner of Internal Revenue. The amount of tax, if any, shown by such
redetermination to have been overpaid shall be credited or refunded to the taxpayer in
accordance with the provisions of Section 309 of the Code.
SECTION 88.
Countries which do or do not satisfy the similar credit
requirements. A country satisfies the similar credit requirement of Section
30(c)(3)(B), as to income tax paid to such country, either by allowing to citizens of
the Philippines residing in such country a credit for the amount of income taxes paid
to the Philippines. A country does not satisfy the similar credit requirement of Section
(30)(c)(3)(B) if it does not allow any credit to citizens of the Philippines residing in
such country for the amount of income taxes paid to the Philippines, or if such
country does not impose any income taxes. If the country of which a resident alien is
a citizen or subject does not allow to a Filipino citizen residing in such country a
credit for taxes paid by such citizen to another foreign country, no credit is allowed to
such resident alien for taxes paid by him to such foreign country.
SECTION 89.
When credit for taxes may be taken. The credit for taxes
provided by Section (30)(c)(3) to (9) may ordinarily be taken either in the return for
the year in which the taxes accrued or in which the taxes were paid, dependent upon
whether the accounts of the taxpayer are kept and his returns filed upon the accrual
basis or upon the cash receipts and disbursements basis. Section 30(c)(6) allows the
taxpayer, at his option and irrespective of the method of accounting employed in
keeping his books, to take such credit for taxes as may be allowable in the return for
the year in which the taxes accrued. An election thus made must be followed in
returns for all subsequent years, and no portion of any such taxes will be allowed as a
deduction from gross income.
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

39

SECTION 90.
Domestic corporation owning a majority of the stock of
foreign corporation. In the case of a domestic corporation which owns a majority
of the voting stock of a foreign corporation from which it receives dividends in any
taxable rear, the credit for foreign taxes includes not only the income, war profits and
excess-profits taxes paid or accrued during the taxable year to any foreign country by
such domestic corporation, but also income, war-profits and excess-profits taxes
deemed to have been paid determined by taking the same proportion of any income,
war-profits, and excess-profits taxes paid or accrued by such controlled foreign
corporation to any foreign country upon or with respect to the accumulated profits of
such foreign corporation from which such dividends were paid, which the amount of
any such dividends received bears to the amount of such accumulated profits. The
amount of taxes deemed to have been paid is limited, however, to an amount of the
tax against which the credit for foreign taxes is taken, which the amount of such
dividends bears to the amount of the entire net income of the domestic corporation in
which such dividends are included. If dividends are received from more than one
controlled foreign corporation, the limitation is to be computed separately for the
dividends received from each controlled foreign corporation. If the credit for foreign
taxes includes taxes deemed to have been paid, the taxpayer must furnish the same
information with respect to the taxes deemed to have been paid as it is required to
furnish with respect to the taxes actually paid or accrued by it. Taxes paid or accrued
by a controlled foreign corporation are deemed to have been paid by the domestic
corporation for purposes of credit only.
SECTION 91.
Non-resident aliens and foreign corporations not allowed
credits against the tax. Non-resident aliens and foreign corporations may not claim
credits against the tax from taxes of foreign countries.
SECTION 92.
Limitation on credit for foreign taxes. The amount of
credit for foreign taxes shall be subject to the following limitations:
(a) The amount of the credit in respect to the tax paid or accrued to any
country shall not exceed the same proportion of the tax against which such credit is
taken, which the taxpayer's net income from sources within such country taxable
under Title II bears to his entire net income for the same taxable year; and
(b) The total amount of the credit shall not exceed the same proportion of the
tax against which such credit is taken, which the taxpayer's net income from sources
without the Philippines taxable under Title II bears to his entire net income for the
same taxable year.
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

40

(Section 30(d) of the Code)


SECTION 93.
Losses by individuals. Losses sustained by individuals
during the year not compensated for by insurance or otherwise are fully deductible
(except by non-resident aliens)
(a) If incurred in a taxpayer's trade; or
(b) If incurred in any transaction entered into for profits; or
(c) Of property not connected with the trade or business if arising from fires,
storm, shipwreck, or other casualty, or from robbery, theft or embezzlement. No loss
shall, however, be allowed as a deduction if at the time of filing of the return, such
loss has been claimed as deduction for estate or inheritance tax purposes in the estate
or inheritance tax return.
SECTION 94.
Losses by corporations. Domestic corporations may
deduct losses actually sustained and charged off within the year and not compensated
for by insurance or otherwise.
SECTION 95.
Losses by non-resident alien and foreign corporation.
Non-resident aliens and foreign corporations are allowed only losses sustained in
business or trade conducted within the Philippines, losses of property within the
Philippines arising from fires, storms, shipwreck, or other casualty and from robbery,
theft, or embezzlement, and losses actually sustained in transactions entered into for
profit in the Philippines, although not connected with their trade or business, not
compensated by insurance or otherwise.
SECTION 96.
Losses generally. Losses must usually be evidenced by
closed and completed transactions. Proper adjustment must be made in each case for
expenditures or items of loss properly chargeable to capital account, and for
depreciation, obsolescence, amortization, or depletion. Moreover, the amount of the
loss must be reduced by the amount of any insurance or other compensation received,
and by the salvage value, if any, of the property. A loss on the sale of residential
property is not deductible unless the property was purchased or constructed by the
taxpayer with a view to its subsequent sale for pecuniary profit. No loss is sustained
by the transfer of property by gift or death. Losses sustained in illegal transactions are
not deductible.
EAISDH

SECTION 97.
Voluntary removal of buildings. Loss due to the
voluntary removal or demolition of old buildings, the scrapping of old machinery,
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

41

equipment, etc., incident to renewals and replacements will be deductible from gross
income. When a taxpayer buys real estate upon which is located a building, which he
proceeds to raze with a view to erecting thereon another building, it will be
considered that the taxpayer has sustained no deductible expense on account of the
cost of such removal, the value of the real estate, exclusive of old improvements,
being presumably equal to the purchase price of the land and building plus the cost of
removing the useless building.
SECTION 98.
Loss of useful value. When through some change in
business conditions, the usefulness in the business of some or all of the capital assets
is suddenly terminated, so that the taxpayer discontinues the business or discards such
assets permanently from use of such business, he may claim as deduction the actual
loss sustained. In determinating the amount of the loss, adjustment must be made,
however, for improvements, depreciation and the salvage value of the property. This
exception to the rule requiring a sale or other disposition of property in order to
establish a loss requires proof of some unforeseen cause by reason of which the
property has been prematurely discarded, as, for example, where an increase in the
cost or change in the manufacture of any product makes it necessary to abandon such
manufacture, to which special machinery is exclusively devoted, or where new
legislation directly or indirectly makes the continued profitable use of the property
impossible. This exception does not extend to a case where the useful life of property
terminates solely as a result of those gradual processes for which depreciation
allowance are authorized. It does not apply to inventories or to other than capital
assets. The exception applies to buildings only when they are permanently abandoned
or permanently devoted to a radically different use, and to machinery only when its
use as such is permanently abandoned. Any loss to be deductible under this exception
must be charged off in the books and fully explained in returns of income.
SECTION 99.
Shrinkage in value of stocks. A person possessing stock
of a corporation can not deduct from gross income any amount claimed as a loss
merely on account of shrinkage in value of such stock through fluctuation of the
market or otherwise. The loss allowable in such case is that actually suffered when
the stock is disposed of. If stock of a corporation becomes worthless, its cost or other
basis determined in accordance with these regulations may be deducted by the owner
in the taxable year in which the stock became worthless, provided a satisfactory
showing of its worthlessness be made, as in the case of bad debts.
SECTION 100. Losses of farmers. Losses incurred in the operation of
farms as business enterprises are deductible from gross income. If farm products are
held for favorable markets, no deduction on account of shrinkage in weight or
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

42

physical value or by deterioration in storage shall be allowed, except as such


shrinkage may be reflected in an inventory if used to determine profits. The total loss
by storm, flood, or fire of a prospective crop is not a deductible loss in computing net
income. A farmer engaged in raising and selling stock, cattle, sheep, horses, etc., is
not entitled to claim as a loss the value of animals that perish from among those
animals that were raised on the farm, except as such loss is reflected in an inventory if
used. If livestock has been purchased after March 1, 1913, for any purpose, and
afterwards dies from disease, exposure, or injury, or is killed by order of the
authorities, the actual purchase price of such stock, less any depreciation allowable as
a deduction in computing net income, with respect to such perished, livestock, and
also any insurance or indemnity recovered, may be deducted as a loss. The actual cost
of other property (with proper adjustment for depreciation), which is destroyed by
order of the authorities, may in like manner be claimed as a loss; but if reimbursement
is made in whole or in part on account of stock killed or property destroyed, the
amount received shall be reported as income for the year in which reimbursement is
made. The cost of any feed, pasturage, or care which has been deducted as an expense
of operation shall not be included as part of the cost of the stock for the purpose of
ascertaining the amount of a deductible loss. If gross income is ascertained by
inventories, no deduction can be made for livestock or products lost during the year,
whether purchased for resale, produced on the farm, as such losses will be reflected in
the inventory by reducing the amount of livestock or products on hand at the close of
the year. If an individual owns and operates a farm, in addition to being engaged in
another trade, business or calling, and sustains a loss from such operation of the farm,
then the amount of loss sustained may be deducted from gross income received from
all sources, provided the farm is not operated for recreation or pleasure.
SECTION 101. Capital losses; losses on wash sales of stock or securities.
Losses on sales or exchanges of capital assets are allowed to the extent provided in
section 34 of the Code. If any securities which are capital assets become worthless
during the taxable year, the loss resulting therefrom shall be considered as a loss from
the sale or exchange, on the last day of such taxable year, of capital assets. Losses on
"wash sales" of stock or securities are treated in section 33 of the Code.
(Section 30 (e) of the Code)
SECTION 102. Bad debts. Where all the surrounding circumstances
indicate that a debt is worthless, and the debt is charged off on the books of the
taxpayer within the year, the same may be allowed as a deduction in computing net
income. There should accompany the return a statement showing the propriety of any
deduction claimed for bad debts. Before a taxpayer may charge off and deduct a debt,
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

43

he must ascertain and be able to demonstrate, with a reasonable degree of certainty,


the uncollectibility of the debt. Any amount subsequently received on account of a
bad debt previously charged off and allowed as a deduction for income tax purposes,
must he included in gross income for the taxable year in which received. In
determining whether a debt is worthless the Commissioner of Internal Revenue will
consider all pertinent evidence, including the value of the collateral, if any, securing
the debt and the financial condition of the debtor.
Where the surrounding circumstances indicate that a debt is worthless and
uncollectible and that legal action to enforce payment would in all pro-ability not
result in the satisfaction of execution on a judgment, a showing of those facts will be
sufficient evidence of the worthlessness of the debt for the purpose of deduction.
Bankruptcy is generally an indication of the worthlessness of at least a part of an
unsecured and unpreferred debt. Actual determination of worthlessness in bankruptcy
is sometimes possible before and at other times only when a settlement in bankruptcy
shall have been had. Where a taxpayer ascertained a debt to be worthless and charged
it off in one year, the mere fact that bankruptcy proceedings instituted against the
debtor are terminated in a later year, confirming the conclusion that the debt is
worthless, will not authorize shifting the deduction to such later year. If a taxpayer
computes his income upon the basis of valuing his notes or accounts receivable at
their fair market value when received, which may be less than their face value, the
amount deductible for bad debts in any case is limited to such original valuation.
SECTION 103. Examples of bad debts. Worthless debts arising from
unpaid wages, salaries, rents, and similar items of taxable income will not be allowed
as a deduction unless the income such items represent has been included in the return
of income for the year in which the deduction as a bad debt is sought to be made or in
a previous year. Only the difference between the amount received in distribution of
the assets of a bankrupt and the amount of the claim may be deducted as a bad debt.
The difference between the amount received by a creditor of a decedent in distribution
of the assets of the decedent's estate and the amount of his claim may be considered a
worthless debt. A purchaser of accounts receivable which can not be collected and are
consequently charged off the hooks as bad debt is entitled to deduct them, the amount
of deduction to be based upon the price he paid for them and not upon their face
value.
Where under foreclosure of a mortgage, the mortgagee buys the mortgaged
property and credits the indebtedness with the purchase price, the difference between
the purchase price and the indebtedness will not be allowable as a deduction for a bad
debt, for the property which was security for the debt stands in the place of the debt.
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

44

The determination of loss in such case is deferred until the disposal of the property.
SECTION 104. Securities becoming worthless. If any securities which
are capital assets are ascertained to be worthless and charged off within the taxable
year, the loss resulting therefrom shall, except in the case of a bank or trust company
incorporated under the laws of the Philippines or of the United States a substantial
part of whose business is the receipt of deposits, be considered as a loss from the sale
or exchange, on the last day of such taxable year, of capital assets.
(Section 30(f) of the Code)
SECTION 105. Depreciation. A reasonable allowance for the
exhaustion, wear and tear, and obsolescence of property used in the trade or business
may be deducted from gross income. For convenience such an allowance will usually
be referred to as depreciation, excluding from the term any idea of a mere reduction in
market value not resulting from exhaustion, wear and tear, or obsolescence. The
proper allowance for such depreciation of any property used in the trade or business is
that amount which should be set aside for the taxable year in accordance with a
reasonable consistent plan whereby the aggregate of the amount so set aside, plus the
salvage value, will, at the end of the useful life of the property in business, equal the
basis of the property. Due regard must also be given to expenditures for current
upkeep.
cDCSTA

SECTION 106. Depreciable property. The necessity for a depreciation


allowance arises from the fact that certain property used in the business gradually
approaches a point where its usefulness is exhausted. The allowances should be
confined to property of this nature. In the case of tangible property, it applies to that
which is subject to wear and tear, to decay or decline from natural causes, to
exhaustion and to obsolescence due to the normal progress of the art, as where
machinery or other property must be replaced by a new invention, or due to the
inadequacy of the property to the growing needs of the business. It does not apply to
inventories or to stock in trade, nor to land apart from the improvements or physical
development added to it. It does not apply to bodies of minerals which through the
process of removal suffer depletion. Property kept in repair may, nevertheless, be the
subject of a depreciation allowance. The deduction of an allowance for depreciation is
limited to property used in the taxpayer's trade or business. No such allowance may
be made in respect to automobiles or other transportation equipment used solely for
the pleasure, a building used by the taxpayer solely as his residence, nor in respect of
furniture or furnishings therein, personal effects, or clothing; but properties and
costumes used exclusively in a business, such as theatrical business, may be the
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

45

subject of a depreciation allowance.


SECTION 107. Depreciation of intangible property. Intangibles, the use
of which in the trade or business is definitely limited in duration, may be the subject
of a depreciation allowance. Examples are patents, copyrights, and franchises.
Intangibles, the use of which in the business or trade is not so limited, will not usually
be a proper subject of such an allowance. If however, an intangible asset acquired
through capital outlay is known from experience to be of value in the business for
only a limited period, the length of which can be estimated from experience with
reasonable certainty, such intangible asset may be the subject of a depreciation
allowance, provided the facts are fully shown in the return or prior thereto to the
satisfaction of the Commissioner of Internal Revenue.
SECTION 108. Capital sum recoverable through depreciation allowances.
The capital sum to be replaced by depreciation allowances is the cost or other basis
of the property in respect of which the allowance is made. To this amount should be
added from time to time the cost of improvements, additions, and betterment and from
it should be deducted from time to time the amount of any definite loss or damage
sustained by the property through casualty, as distinguished from the gradual
exhaustion of its utility which is the basis of the depreciation allowance. Where the
lessee of real property erects buildings, or makes permanent improvements which
become part of the realty and income has been returned by the lessor as a result
thereof, as provided in Section 49 of these regulations, the capital sum to be replaced
by depreciation allowance is the same as though no such buildings had been erected
or such improvements made. No depreciation deduction will be allowed in the case of
property which has been amortized to its scrap value and is no longer in use.
SECTION 109. Method of computing depreciation allowance. The
capital sum to be replaced should be charged off over the useful life of the property,
either in equal annual installments or in accordance with any other recognized trade
practice, such as an apportionment of the capital sum over units of production.
Whatever plan or method of apportionment is adopted must be reasonable and must
have due regard to operating conditions during the taxable period. While the burden
of proof must rest upon the taxpayer to sustain the deductions taken by him, such
deductions must not be disallowed unless shown by clear and convincing evidence to
be unreasonable. The reasonableness of any claim for depreciation shall be
determined upon the conditions known to exist at the end of the period for which the
return is made. If it develops that the useful life of the property will be longer or
shorter than the useful life as originally estimated under all the then known facts, the
portion of the cost or other basis of the property not already provided for through
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

46

depreciation allowances should be spread over the remaining useful life of the
property as reestimated in the light of the subsequent facts, and depreciation
deductions taken accordingly.
SECTION 110. Obsolescence. With respect to physical property the
whole or any portion of which is clearly shown by the taxpayer as being affected by
economic conditions that will result in its being abandoned at a future date prior to the
end of its normal useful life, so that depreciation deductions alone are insufficient to
return the cost (or other basis) at the end of its economic term of usefulness, a
reasonable deduction for obsolescence, in addition to depreciation, may be allowed in
accordance with the facts obtaining with respect to each item of property concerning
which a claim for obsolescence is made. No deductions for obsolescence will be
permitted merely because, in the opinion of a taxpayer, the property may become
obsolete at some later date. This allowance will be confined to such portion of the
property on which obsolescence is definitely shown to be sustained and can not be
held applicable to an entire property unless all portions thereof are affected by the
conditions to which obsolescence is found to be due.
SECTION 111. Depreciation of patent or copyright. In computing
depreciation allowance in the case of a patent or copyright, the capital sum to be
replaced is the cost or other basis of the patent or copyright. The allowance should be
computed by an apportionment of the cost or other basis of the patent or copyright
over the life of the patent or copyright since its grant, or since its acquisition by the
taxpayer, or since March 1, 1913, as the case may be. If the patent or copyright was
acquired from the Government, its cost consists of the various Government fees, cost
of drawings, experimental models, attorney's fees, development or experimental
expenses, etc., actually paid. Depreciation of a patent can be taken on the basis of the
fair market value as of March 1, 1913, only when affirmative and satisfactory
evidence of such value is offered. Such evidence should whenever practicable be
submitted with the return. If the patent becomes obsolete prior to its expiration, such
proportion of the amount on which its depreciation may be based as the number of
years of its remaining life bears to the whole number of years intervening between the
basic date when it legally expires may be deducted, if permission to do so is
specifically secured from the Commissioner of Internal Revenue. Owing to the
difficulty of allocating to a particular year the obsolescence of a patent, such
permission will be granted only if affirmative and satisfactory evidence that the patent
became obsolete in the year for which the return is made is submitted to the
Commissioner of Internal Revenue. The fact that depreciation has not been taken in
prior years does not entitle the taxpayer to deduct in any taxable year a greater
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

47

amount for depreciation than would otherwise be allowable.

AcDHCS

SECTION 112. Depreciation of drawings and models. Where a taxpayer


has incurred expenditures in his business for designs, drawings, patterns, models, or
work of an experimental nature calculated to result in improvement of his facilities or
his product, if the period of usefulness of any such asset may be estimated from
experience with reasonable accuracy, it may be the subject of depreciation allowances
spread over such estimated period of usefulness. The facts must be fully shown in the
return or prior thereto to the satisfaction of the Commissioner of Internal Revenue.
Except for such depreciation allowances no deduction shall be made by the taxpayer
against any sum so set up as an asset except on the sale or other disposition of such
asset at a loss or on proof of a total loss thereof.
SECTION 113. Charging off depreciation. A depreciation allowance, in
order to constitute an allowable deduction from gross income, must be charged off.
The particular manner in which it shall be charged off is not material, except that the
amount measuring a reasonable allowance for depreciation must be either deducted
directly from the book value of the assets or preferably credited to a depreciation
reserve account, which must be reflected in the annual balance sheet. The allowances
should be computed and charged off with express reference to specific items, units, or
groups of property, each item or unit being considered separately or specifically
included in a group with others to which the same factors apply. The taxpayer should
keep such records to each item or unit of depreciable property as will permit the ready
verification of the factors used in computing the allowance for each year for each
item, unit, or group.
SECTION 114. Depreciation in the case of farmers. A reasonable
allowance for depreciation may be claimed on farm buildings (other than a dwelling
occupied by the owner), farm machinery, and other physical property. A reasonable
allowance for depreciation may also be claimed on live stock acquired for work,
breeding, or dairy purposes, unless they are included in an inventory used to
determine profits in accordance with these regulations. Such depreciation should be
based on the cost or other basis and the estimated life of the live stock. If such live
stock be included in an inventory no depreciation thereof will be allowed, as the
corresponding reduction in their value will be reflected in the inventory.
SECTION 115. Statement to be attached to return. To each return in
which depreciation charges are claimed, there should be attached a statement showing
the item, unit, or group of depreciable property, the cost price or its market value as of
March 1, 1913, if acquired prior to that date, the rate of charge, amount previously
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

48

deducted, and the amount claimed in the return. These data must agree with those
appearing in the books of the taxpayer.
TDESCa

(Section 30(g) of the Code)


SECTION 115-A-1.
General Circular V-332, January 6, 1961 Who is
entitled to deduct depletion. In order to be entitled to percentage depletion
allowance, the taxpayer must have an economic interest in the property. To acquire an
economic interest, the taxpayer must have a capital investment in the property and not
a mere economic advantage. The taxpayer must have acquired at least, by investment,
any interest in oil or gas or mineral in place, and secures, by any form of legal
relationship, income derived from the extraction of the oil, gas or mineral, to which he
must look for a return of his capital. Thus the parties entitled to share in oil or mineral
extracted, or the gross proceeds therefrom (including the parties to a lease providing
for royalty payments of stated amounts per unit mined) have economic interests in the
oil or minerals in place. That is, they, as owners of the rights in oil or other mineral in
place, share the income from production, and the depletion allowances thereon are
regarded as designed to permit tax-free recovery of at least their capital investments in
such property rights.
SECTION 115-A-2.
Basis for depletion. On oil or gas wells the
percentage depletion allowance is fixed at 27 1/2% of gross income while on mines,
the percentage depletion allowance varies in accordance with the class of minerals.
The gross income basis is the amount remaining after deducting therefrom rents or
royalties paid or incurred by the taxpayer in respect to the property. In both cases, the
total percentage depletion allowance shall in no case exceed 50% of the net income or
profit.
Illustration
Subject: Oil and gas wells
Gross income after deducting rents and royalties
27 1/2% thereof
Net income or net profit
50/ of net income or net profit
Allowance depletion

(1)
P100.00
27.50
50.00
25.00
25.00

(2)
P100.00
27.50
70.00
35.00
27.50

Under column (1) P25.00 is the allowance depletion because the allowable
percentage cannot exceed 50% of the net profit or net income. Under column (2), the
allowable depletion is P27.50 because it does not exceed 50% of either the net income
or net profit.
SECTION 115-A-3.
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Definition of terms. For purposes of the depletion


Philippine Taxation Encyclopedia First Release 2014

49

allowance for oil and gas wells and mines, the following terms and phrases shall have
the meaning indicated:
(a) Gross income. Gross income means the "gross income from the
property". The gross income in the case of gas and oil wells is the amount for which
the taxpayer sells the oil and gas in the immediate vicinity of the well. If the oil and
gas are not sold on the property but are manufactured or converted into a refined
product prior to sale, the gross income from the property shall be assumed to be
equivalent to the representative market or field price (as of the date of sale) of the oil
and gas before conversion or transportation.
"Gross income from the property" means, in the case of mines, the gross
income from mining. The gross income from mining consists of the proceeds from the
sales of ores or minerals extracted from the mining property. Where ores are sent
abroad where the ordinary treatment processes are applied or where they are refined
and where they are sold, the actual cost of ocean freight as well as insurance, should
be deducted from the actual selling price for gross income purposes. Also where
minerals or mineral products are sold or consigned abroad by the lessee or owner of
the mine under C.I.F. terms, the actual cost of ocean freight and insurance should be
deducted.
(b) Mining. The term "mining" includes not merely the extraction of the
ores or minerals from the ground but also the ordinary treatment process normally
applied by mine owners or operators in order to obtain the commercially marketable
mineral product or products, and so much of the transportation of ores or minerals
(whether or not by common carrier) from the point of extraction from the ground to
the plants or mills in which the ordinary treatment processes are applied thereto as is
not in excess of 50 miles unless the Commissioner of Internal Revenue finds that the
physical and other requirements are such that the ore or mineral must be transported a
greater distance to such plants or mills.
(c) Extraction of the ores or minerals from the ground. The term
"extraction of the ores or minerals from the ground" includes the extraction by mine
owners or operators of ores or minerals from the waste or residue of prior mining.
Thus income derived from the working over of tailings, piles or culm banks is
included in determining "gross income from the property". The length of time
between the prior mining and extraction of ores or minerals from the waste or residue
of such mining is immaterial. Whether the waste or residue results from the
application of ordinary treatment processes or from the process of removal from the
ground, income derived therefrom is within the term "gross income from the
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

50

property". To be included in "gross income from the property", income derived from
the extraction of ores or minerals from the waste or residue of prior mining must come
from such extraction by the mine owner or operator himself.
(d) Ordinary treatment processes. The term "ordinary treatment
processes" includes the following:
(1) In the case of coal-cleaning, breaking, sizing, dust-allaying, treating to
prevent freezing, and loading for shipment;
(2) In the case of sulfur recovered by the Frasch process pumping to vats,
cooling, breaking, and loading for shipment;
(3) In the case of iron ore, bauxite, ball and sagger clay, rock asphalt, and
minerals which are customarily sold in the form of a crude mineral product
sorting, concentrating; and sintering to bring to shipping grade and form, and loading
for shipment;
(4) In the case of lead, zinc, copper, gold, silver, or fluorspar ores, potash,
and ores which are not customarily sold in the form of the crude mineral
product-crushing, grinding, and beneficiation by concentration (gravity, flotation,
amalgamation, electrostatic, or magnetic) cyanidation, leaching, crystallization,
precipitation (but not including as an ordinary treatment process electrolytic
deposition, roasting, thermal or electric smelting, or refining), or by substantially
equivalent processes, or extraction of the product or products from the ore, including
the furnacing of quicksilver ores; and
(5) The pulverization of talc, the burning of magnesite, and the sintering and
modulizing of phosphate rock.
(e) Net income or net profit. "Net income" or "net profit" means the
taxpayer's taxable income from the property. Net income or net profit (computed
without allowance for depletion) means the "gross income from the property" less the
allowable deductions attributable to the mineral property upon which the depletion is
claimed and the allowable deductions attributable to the treatment processes insofar as
they relate to the product of such property, including overhead and operating
expenses, development costs properly charged to expense, depreciation, taxes, losses
sustained, etc. Deductions not directly attributable to particular properties or
processes shall be fairly allocated.
ASaTHc

(f)
Copyright 2014

Property. For the purpose of computing the depletion allowance in the

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

51

case of mines and wells, the term "property" means each separate interest owned by
the taxpayer in each mineral deposit in each separate tract or parcel of land.
If a taxpayer owns two or more separate operating mineral interests which
constitute part or all of an operating unit, he may elect to form (a) one aggregation of,
and to treat as one property, any two or more of such interests and (b) to treat as a
separate property each such interest which he does not elect to include within the
aggregation referred to in (a). Separate operating mineral interests which constitute
part or all of an operating unit may be aggregated whether or not they are included in
contiguous tracts or parcels. A taxpayer may not elect to form more than one
aggregation of operating mineral interests within any one operating unit. Such election
may be made by the taxpayer by the giving of notice of such election to the
Commissioner of Internal Revenue not later than the time prescribed for filing of the
return and any such election so made shall be binding upon the taxpayer for all
subsequent taxable years, except that the Commissioner of Internal Revenue may
consent to a different treatment of the interest with respect to which the election has
been made.
SECTION 115-A-4.
Depletion deductible by non-resident aliens or
foreign corporations. A non-resident alien individual or a foreign corporation is
entitled to an allowance for depletion of oil and gas wells or mines located in the
Philippines. (Gen. Cir. V-332 implements Sec. 30(g), Tax Code, as amended by R.A.
2698)
(Section 30(h) of the Code)
SECTION 116. When contributions or gifts may be deducted.
Contributions or gifts within the taxable year are deductible to an aggregate amount
not in excess of 6 per centum, in the case of an individual, and 3 per centum, in the
case of a corporation, of the taxpayer's taxable net income, if actually paid or made to
or for the use of the Government of the Philippines or any political subdivision
thereof for exclusively public purposes or to domestic corporations or associations
organized and operated exclusively for religious, charitable, scientific, athletic,
cultural or educational purposes, or to societies for the prevention of cruelty to
children or animals, provided that no part of the net income of which inures to the
benefit of any private stockholders or individual.
In connection with claims for deductions, there shall be stated on returns of
income the name and address of each organization to which a gift was made and the
approximate date and the amount of the gift in each case. Where the gift is other than
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

52

money, the basis for calculation of the amount thereof shall be the fair market value of
the property at the time of the gift. Contributions or gifts paid or made to corporations
or associations specified in the law will only be allowed as deduction when the
taxpayer attaches to his return the receipt duly signed by the responsible officer of the
corporations or associations to which the contributions or gifts has been paid or made.
If desired, said receipt will be returned to the taxpayer after they have served their
purpose.
(Section 30(i) of the Code)
SECTION 117. Allowance of deductions and credits. Unless a
non-resident alien individual shall file or cause to be filed with the Commissioner of
Internal Revenue, a true and accurate return of income from all sources, corporate, or
otherwise, within the Philippines, regardless of amount, the tax shall be collected on
the basis of the gross income (not the net income) from sources within the
Philippines. In case of failure to file such return, the Commissioner of Internal
Revenue will cause a return of income to be made and include therein the income of
such non-resident alien from all source concerning which he has information, and he
will assess the tax and collect it from one or more of the sources of income of such
non-resident alien within the Philippines, without allowance for deductions or credit.
(Cf. effect of Sec. 22(b) as amended by R.A. 2343.)
(Section 30(j) of the Code)
SECTION 118. Payments to employees' pension trusts. An employer
who adopts or has adopted a reasonable pension plan, actuarially sound, and who
establishes, or has established, and maintains a pension trust for the payment of
reasonable pensions to his employees shall be allowed to deduct from gross income
reasonable amounts paid to such trust, in accordance with the pension plan (including
any reasonable amendment thereof), as follows:
(a) If the plan contemplates the payment to the trust, in advance of the time
when pensions are granted, of amounts to provide for future pensions payments, then
(1) reasonable amounts paid to the trust during the taxable year representing the
pension liability applicable to such year, determined in accordance with the plan, shall
be allowed as a deduction for such year as an ordinary and necessary business
expense, and in addition (2) one-tenth of a reasonable amount transferred or paid to
the trust during the taxable year to cover in whole or in part the pension liability
applicable to the years prior to the taxable year, or so transferred or paid to place the
trust on a sound financial basis, shall be allowed as a deduction for the taxable year
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

53

and for each of the nine succeeding taxable years.


(b) If the plan does not contemplate the payment to the trust, in advance of
the time when pensions are granted, of amounts to provide for future pension
payments, then (1) reasonable amounts paid to the trust during the taxable year
representing the present value of the expected future payments in respect of pensions
granted to employees retired during the taxable year shall be allowed as deduction for
such year as an ordinary and necessary business expense, and in addition (2) one tenth
of a reasonable amount transferred or paid to the trust during the taxable year to cover
in whole or in part the present value of the expected future payments in respect of
pensions granted to employees retired prior to the taxable year, or so transferred or
paid to place the trust on a sound financial basis, shall be allowed as a deduction for
the taxable year and for each of the nine succeeding taxable years.
(Section 30(k) of the Code)
SECTION 118-A. Optional standard deduction. In lieu of the deductions
allowed under this section an individual, other than a non-resident alien, may elect a
standard deduction. Such optional standard deduction shall be in the amount of one
thousand pesos or in an amount equal to ten per centum of his gross income,
whichever is the lesser. Unless the taxpayer signifies in his return his intention to
elect the optional standard deduction he shall be considered as having availed himself
of the deductions allowed in the preceding subsection. The Secretary of Finance shall
prescribe the manner of the election. Such election when made in the return shall be
irrevocable for the taxable year for which the return is made.
(Section 31 of the Code)
SECTION 119. Personal, living, and family expenses. Personal, living,
and family expenses are not deductible. Insurance paid on a dwelling owned and
occupied by a taxpayer is a personal expense and not deductible. Premiums paid for
life insurance by the insured are not deductible. In the case of a professional man who
rents a property for residential purposes, but incidentally receives his clients, patients,
or callers in connection with his professional work (his place of business being
elsewhere), no part of the rent is deductible as a business expense. If however, he uses
part of the house for his office, such portion of the rent as is properly attributable to
such office is deductible. Where the father is legally entitled to the services of his
minor children, any allowances which he gives them, whether said to be in
consideration of services or otherwise, are not allowable deductions in his return of
income. Alimony, and an allowance paid under a separation agreement are not
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

54

deductible from gross income.


SECTION 120. Capital expenditures. No deduction from gross income
may be made for any amounts paid out for new buildings or for permanent
improvements or betterments made to increase the value of the taxpayer's property, or
for any amount expended in restoring property or in making good the exhaustion
thereof for which an allowance for depreciation or depletion or other allowance is or
has been made. Amounts expended for securing a copyright and plates, which remain
the property of the person making the payments, are investments of capital. The cost
of defending or perfecting title to property constitutes a part of the cost of the
property and is not a deductible expense. The amount expended for architect's
services is part of the cost of the building. Commissions paid in purchasing securities
are a part of the cost of such securities. Commissions paid in selling securities are an
offset against the selling price. Expenses of the administration of an estate, such as
court costs, attorney's fees, and executor's commissions, are chargeable against the
"corpus" of the estate and are not allowable deductions. Amounts to be assessed and
paid under an agreement between bondholders or shareholders of a corporation, to be
used in a reorganization of the corporation, are investments of capital and not
deductible for any purpose in return of income.
DaACIH

In the case of a corporation, expenses for organization, such as incorporation


fees, attorney's fees and accountants' charges, are ordinarily capital expenditures; but
where such expenditures are limited to purely incidental expenses, a taxpayer may
charge such items against income in the year in which they are incurred. A holding
company which guarantees dividends at a specified rate on the stock of a subsidiary
corporation for the purpose of securing new capital for the subsidiary and increasing
the value of its stockholdings in the subsidiary may not deduct amounts paid in
carrying out this guaranty in computing its net income, but such payments may be
added to the cost of its stock in the subsidiary.
SECTION 121. Premiums on life insurance of employees. Any amounts
paid for premiums on any life insurance policy covering the life of an officer or
employee or of any person financially interested in the business of the taxpayer when
the taxpayer is directly or indirectly a beneficiary under such policy are not
deductible.
SECTION 122. Losses from sales or exchanges of property. No
deduction is allowed in respect of losses from sales or exchanges of property, directly
or indirectly

Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

55

(a) Between members of a family. As used in Section 31, the family of an


individual shall include only his brothers and sisters (whether by the whole or half
blood), spouse, ancestors, and lineal descendants;
(b) Except in the case of distributions in liquidation, between an individual
and a corporation more than fifty per centum in value of the outstanding stock of
which is owned, directly or indirectly, by or for such individual;
(c) Except in the case of distributions in liquidation, between two
corporations more than 50 per cent in value of the outstanding stock of each of which
is owned, directly or indirectly, by or for the same individual, if either one of such
corporations with respect to the taxable year of the corporation preceding the date of
the sale or exchange was, under the law applicable to such taxable year, a personal
holding company or a foreign personal holding company;
(d) Between a grantor and a fiduciary of any trust;
(e) Between the fiduciary of a trust and the fiduciary of another trust, if the
same person is a grantor with respect to each trust; or
(f)

Between a fiduciary of a trust and a beneficiary of such trust.


(Section 32 of the Code)

SECTION 123. Gross income of insurance companies. In general, the


gross income of insurance companies consists of their total revenue from the
operation of the business and of their income from all other sources within the taxable
year, except as otherwise provided by the statute. Gross income includes net
premiums (that is, gross premium less returned premiums on policies not taken),
investment income, profits from the sale of assets, and all gains, profits, and income
reported to the Insurance Commissioner, except income specifically exempt from tax.
A net decrease in reserve funds required by law within the taxable year must be
included in the gross income to the extent that such funds are released to the general
uses of the company and increase its free assets. Any net decrease in reserves shall be
added to the gross income, unless the company shall show that such decrease resulted
from the application of reserves to the purposes for which they were established.
SECTION 124. Gross income of life insurance companies. A life
insurance company shall not include in gross income such portion of any actual
premiums received from any individual policyholder as is paid back or credited to or
treated as an abatement of premium of such policyholder within the taxable year. (a)
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

56

"Paid back" means paid in cash. (b) "Credited to" means held to the credit of,
including dividends applied to pay renewal premiums, to purchase additional paid-up
insurance or annuities, or to shorten the endowment or premium-paying period. It
does not include dividends provisionally ascertained and apportioned upon deferred
dividends policies. Dividends provisionally ascertained, apportioned, or credited on
deferred dividends policies can not be excluded or deducted from gross income for
the reason that the assured has no vested or enforceable right in them and can not at
the time of the ascertainment, apportionment, or credit, not until the maturity of the
policy, avail himself of such dividends; and in the event of the death of the assured
prior to the expiration of the deferred dividend period, the amount so ascertained,
apportioned, or credited lapses. (c) "Treated as an abatement of premium" means of
the premium for the taxable year. Where the dividend paid back is in excess of the
premium received from the policyholder within the taxable year there may be
excluded from gross income only the amount of such premium received, and where no
premium is received from the policyholder within the taxable year the company is not
entitled to exclude from its premiums received from other policyholders an amount in
respect to such dividend payment. (See changes in Sec. 24(b), Tax Code.)
SECTION 125. Gross income of mutual insurance companies. The gross
income of mutual insurance companies (other than life) consists of their total revenue
from the operation of the business and of their income from all other sources within
the taxable year, except as otherwise provided by the statute. Premiums received by
mutual marine insurance companies which are paid out for reinsurance should be
eliminated from gross income and the payments for reinsurance, from disbursement.
Deposit premiums on perpetual risks received and returned by mutual fire insurance
companies should be treated in the same manner, as no reserve will be recognized
covering liability for such deposits. The earnings on such deposits, including such
portion, if any, of the premium deposits as are not returned to the policyholders upon
cancellation of the policies, must be included in the gross income.
SECTION 126. Deductions allowed insurance companies. Insurance
companies are entitled to the same deductions from gross income as other
corporations, and also to the deduction of the net addition required by law to be made
within the taxable year to reserve funds and of the sums other than dividends paid
with the taxable year on policy and annuity contracts. "Paid" includes "accrued" or
"incurred" (construed according to the method of accounting upon the basis of which
the net income is computed) during the taxable year, but does not include any
estimate for losses incurred but not reported during the taxable year. As payments on
policies there should be reported all death, disability and other policy claims (other
than dividends as above specified) paid within the year, including fire, accident and
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

57

liability losses, matured endowments, annuities, payments on installment policies and


surrender values actually paid.
SECTION 127. Special deductions allowed mutual insurance companies.
Mutual insurance companies (other than mutual life and mutual marine insurance
companies), which require their members to make premium deposits to provide for
losses and expenses, are allowed to deduct from gross income the aggregate amount
of premium deposits returned to their policyholders or retained for the payment of
losses, expenses, and reinsurance reserves. In determining the amount of premium
deposits retained by a mutual fire or mutual casualty insurance company for the
payment of losses, expenses, and reinsurance reserves, it will be presumed that losses
and expenses have been paid out of earnings and profits other than premiums to the
extent of such earnings and profits. If, however, any portion of such amount is applied
during. the taxable year to the payment of losses, expenses, or reinsurance reserves, or
which a separate allowance is taken, then such portion is not deductible; and if any
portion of such amount for which an allowance is taken is subsequently applied to the
payment of expenses, losses, or reinsurance reserves, then such payment can not be
separately deducted. The amount of premium deposits retained for the payment of
expenses and losses and the amount of such expenses and losses, may not both be
deducted. A company which invests part of the premium deposits so retained by it in
interest-bearing securities may, nevertheless, deduct such part, but not the interest
received on such securities. A mutual fire insurance company which has a guaranty
capital is taxed like other mutual fire insurance companies. A stock fire insurance
company operated on the mutual plan to the extent of paying dividends to certain
classes of policyholders, may make a return on the same basis as a mutual fire
insurance company with respect to its business conducted on the mutual plan.
SECTION 128. Special deductions allowed mutual marine insurance
companies. Mutual marine insurance companies should include in gross income
the gross premiums collected and received by them less amounts paid for reinsurance.
They may deduct from gross income amounts repaid to policyholders on account of
premiums previously paid by them together with the interest actually paid upon such
amounts between the date of ascertainment and the date of payment thereof. The
remainder of the premiums accordingly forms part of the net income of the company,
except to the extent that it is subject to then deductions allowed such insurance
companies and other corporations.
SECTION 129. Net addition to reserve funds. All policy premiums on
which net addition to reserve is computed, must be included in gross income.
Insurance companies may deduct from gross income the net addition required by law
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

58

to be made within the taxable year to reserve funds. When the reserve at the end of
the year is less than at the beginning of the year there is a "released reserve", and the
amount so released must be included in gross income. In the case of assessment
insurance companies, whether domestic or foreign, the actual deposit of sums with the
officers of the Government of the Philippines, pursuant to law, as addition to guaranty
or reserve funds shall be treated as being payments required by law to reserve funds.
In the case of life insurance companies, the net addition to the "reinsurance reserve"
and the "reserve for supplementary contracts", and in the case of fire, marine,
accident, liability, and other insurance companies, the net addition to the "unearned
premium reserves", and only such other reserves as are specifically required by the
statute will be allowed as deductions.
SECTION 130. Copy of report to Insurance Commissioner to be furnished
the Commissioner of Internal Revenue. To facilitate the auditing of income tax
returns, insurance companies shall submit to the Commissioner of Internal Revenue
together with returns of income, wherever possible a copy of their annual report to the
Insurance Commissioner.
(Section 33 of the Code)
SECTION 131. Losses from wash sales of stock or securities. (a) A
taxpayer cannot deduct any loss claimed to have been sustained from the sale or other
disposition of stock or securities, if, within a period beginning thirty days before the
date of such sale or disposition and ending thirty days after such date (referred to in
this section as the sixty-one-day period), he has acquired (by purchase or by an
exchange upon which the entire amount of gain or loss was recognized by law), or has
entered into a contract or option so to acquire, substantially identical stock or
securities. However, this prohibition does not apply in the case of a dealer in stock or
securities if the sale or other disposition of stock or securities is made in the ordinary
course of its business as such dealer.
(b) Where more than one loss is claimed to have been sustained within the
taxable year from the sale or other disposition of stock or securities, the provisions of
this section shall be applied to the losses in the order in which the stock or securities
the disposition of which resulted in the respective losses were disposed of (beginning
with the earliest disposition). If the order of disposition of stock or securities disposed
of at a loss on the same day cannot be determined, the stock or securities will be
considered to have been disposed of in the order in which they were originally
acquired (beginning with earliest acquisition).

Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

59

(c) Where the amount of stock or securities acquired within the sixty-one day
period is less than the amount of stock or securities sold or otherwise disposed of,
then the particular shares of stock or securities the loss from the sale or other
disposition of which is not deductible shall be those with which the stock or securities
acquired are matched in accordance with the following rule:
The stock or securities acquired will be matched in accordance with the order
of their acquisition (beginning with the earliest acquisition) with an equal number of
the shares of stock or securities sold or otherwise disposed of.
(d) Where the amount of stock or securities acquired within the sixtyone-day period is not less than the amount of stock or securities sold or otherwise
disposed of, then the particular shares of stock or securities the acquisition of which
resulted in the nondeductibility of the loss shall be those with which the stock or
securities disposed of are matched in accordance with the following rule:
The stock or securities sold or otherwise disposed of will be matched with an
equal number of the shares of stock or securities acquired in accordance with the
order of acquisition (beginning with the earliest acquisition) of the stock or securities
acquired.
(e) The acquisition of any security which results in the non-deductibility of a
loss under the provisions of this section shall be disregarded in determining the
deductibility of any other loss.
(f) The word "acquired" as used in this section means acquired by purchase
or by an exchange upon which the entire amount of gain or loss was recognized by
law, and comprehends cases where the taxpayer has entered into a contract or option
within the sixty-one-day period to acquire by purchase or by such an exchange.
EXAMPLE (1): A, whose taxable year is the calendar year, on December 1,
1939, purchased 100 shares of common stock in the M Company for P10,000 and on
December 15, 1939, purchased 100 additional shares for P9,000. On January 2, 1940,
he sold the 100 shares purchased on December 1, 1939, for P9,000. Because of the
provisions of Section 33 no loss from the sale is allowable as a deduction.
EXAMPLE (2): A, whose taxable year is the calendar year, on September 21,
1939, purchased 100 shares of the common stock of the M Company for P5,000. On
December 21, 1939, he purchased 50 shares of substantially identical stock for
P2,750, and on December 26, 1939, he purchased 25 additional shares of such stock
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

60

for P1,125. On January 2, 1940, he sold for P4,000 the 100 shares purchased on
September 21, 1939. There is an indicated loss of P1,000 on the sale of the 100
shares. Since within the sixty-one-day period A purchased 75 shares of substantially
identical stock, the loss on the sale of 75 of the shares (P3,750 less P3,000, or P750)
is not allowable as a deduction because of the provisions of Section 33. The loss on
the sale of the remaining 25 shares (P1,250 less P1,000, or P250) is deductible subject
to the limitations provided in Sections 31(b) and 34. The basis of the 50 shares
purchased December 21, 1939, the acquisition of which resulted in the
non-deductibility of the loss (P500) sustained on 50 of the 100 shares sold on January
2, 1940, is P2,500 (the cost of 50 of the shares sold on January 2, 1940), plus P750
[the difference between the purchase price of the 50 shares acquired on December 21,
1939, (P2,750) and the selling price of 50 of the shares sold on January 2, 1940
(P2,000)], or P3,250. Similarly the basis of the 25 shares purchased on December 26,
1939, the acquisition of which resulted in the nondeductibility of the loss (P250)
sustained on 25 of the shares sold on January 2, 1940, is P1,250 plus P125, or P1,375.
(See Section 143 of these regulations.)
EXAMPLE (3): A, whose taxable year is the calendar year, on September 15,
1938, purchased 100 shares of the stock of the M Company for P5,000. He sold these
shares on February 1, 1940, for P4,000. On each of the four days from February 15,
1940, to February 18, 1940, he purchased 50 shares of substantially identical stock for
P2,000. There is an indicated loss of P1,000 from the sale of the 100 shares on
February 1, 1940, but since within the sixty-one-day period A purchased not less than
100 shares of substantially identical stock, the loss is not deductible. The particular
shares of stock the purchase of which resulted in the nondeductibility of the loss are
the first 100 shares purchased within such period, that is, the 50 shares purchased on
February 15, 1940, and the 50 shares purchased on February 16, 1940.
AScTaD

(Section 34 of the Code)


SECTION 132. Definition of "capital assets." The law provides that the
term "capital assets" shall be held to mean property held by the taxpayer (whether or
not connected with his trade or business), but does not include stock in trade of the
taxpayer or other property of a kind which would properly be included in the
inventory of the taxpayer if on hand at the close of the taxable year, or property held
by the taxpayer primarily for sale to customers in the ordinary course of his trade or
business, or property, used in the trade or business, of a character which is subject to
the allowance for depreciation provided in subsection (f) of Section 30 of the Code.
The term "capital asset" includes all classes of property not specifically excluded by
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

61

Section 30(a).
The exclusion from the term "capital assets" of property used in the trade or
business of a taxpayer of a character which is subject to the allowance for
depreciation provided in Section 30(f) of the Code is limited to property used by the
taxpayer in the trade or business at the time of the sale or exchange. It has no
application to gains or losses arising from the sale of real property used in the trade or
business to the extent that such gain or loss is allocable to the land, as distinguished
from depreciable improvements upon the land. To such gain or loss allocable to the
land, the limitations of Section 34(b) and (c) apply (such limitation may be
inapplicable to a dealer in real estate, but, if so, it is because he holds the land
primarily for sale to customers in the ordinary course of his trade or business, not
because land is subject to a depreciation allowance). Gains or losses from the sale or
exchange of property used in the trade or business of the taxpayer of a character
which is subject to the allowance for depreciation provided in Section 30(f) of the
Code, will not be subject to the percentage provisions of Section 34(b) and losses
from such transactions will not be subject to the limitation of losses provided in
Section 30(c). (Real property used in taxpayer's trade or business is no longer capital
asset per Am. R.A. 82.)
SECTION 133. Percentage taken into account. In computing net income,
only 50 per cent of the gain or loss recognized upon the sale or exchange for a capital
asset shall be taken into account. Thus, in the case of a merchandising concern which
has an "ordinary net income" (net income exclusive of net gains from the sale or
exchange of capital assets) of P10,000 and a net capital gain of P5,000, the net
income subject to tax will be P10,000 plus P2,500 (50 % of P5,000), of P12,500.
SECTION 134. Limitation on capital losses. Losses from sales or
exchanges of capital assets are allowed only to the extent of the gains from such sales
or exchanges. If the dealings of the taxpayer in capital assets during the year result in
a net capital loss, such loss cannot be deducted from his ordinary income, inasmuch
as capital losses are allowable only to the extent of capital gains. In the case, for
example, of a taxpayer, engaged in buying and selling goods, having an ordinary net
income of P20,000, capital gains of P5,000 and capital losses of P3,000 the taxable
net income is computed as follows:
Ordinary net income
Gains from sales of capital assets
(as stocks or securities)
50% of such gains
Losses from sales of capital assets
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

P20,000
P5,000
P2,500
P3,000
Philippine Taxation Encyclopedia First Release 2014

62

50% of such losses


Net taxable capital gains

P1,500
1,000

P21,000
=======

Taxable net income

If such taxpayer had an ordinary net income of P20,000, capital gains of


P2,000 and capital losses of P7,000, the taxable net income would be computed as
follows:
Ordinary net income
Losses from sales of capital assets
(as stocks or securities)
50% of such losses
Gains from sales of capital assets
50% of such gains

P20,000
P7,000
P3,500
2,000
1,000

P2,500

Net capital losses


Taxable net income

P20,000
======

(The net capital loss of P2,500 is not deductible in arriving at the taxable net
income inasmuch as capital losses are allowed only to the extent of capital gains.)
SECTION 134-A. Capital loss carry-over-Illustration. A, an individual has
the following incomes and losses:
1946

1947

Net income from business


Dividends received
Interest earned
Capital gains on capital assets held for 8 months
Capital losses on capital assets held for 9 months
Net income from business
Interest earned
Capital gains on capital assets held for 15 months

1,000
750
500
5,000
10,000
2,000
200
5,000

In 1946, his taxable income is computed as follows:


Income from business, dividends and interest
Capital gains and losses:
Capital gains
Less-Capital losses
Net loss carried over to 1947
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

P2,250
P5,000
10,000

(P5,000)

Philippine Taxation Encyclopedia First Release 2014

63


Net income subject to tax

P2,250

In 1947, his taxable income is computed as follows:


Income from business and interest

P2,200

Capital gains and losses:


Capital gains

P5,000

One-half

P2,500

Less-Capital loss carried over (#)


Net capital gain

2,250
250

Net income subject to tax

P2,450
======

# The net capital loss of P5,000 sustained in 1946 and carried over in 1947 is
reduced to P2,250 for the reason that the net income from business and other sources
(not including capital gain), for the year 1946 is only P2,250.
If a bank or trust company incorporated under the laws of the Philippines or of
the United States, a substantial part of whose business is the receipt of deposits, sells
any bond, debenture, note, or certificate or other evidence of indebtedness issued by
any corporation (including one issued by a government or political subdivision
thereof), with interest coupons or in registered form, any loss resulting from such sale
shall not be subject to the limitation contained in Section 34(c) and shall not be
included in determining the applicability of such limitation to other losses.
SECTION 135. Gains and losses from short sales. For income tax
purposes, a short sale is not deemed to be consummated until the delivery of property
to cover the short sale. If the short sale is made through a broker and the broker
borrows property to make delivery, the short sale is not deemed to be consummated
until the obligation of the seller created by the short sale is finally discharged by
delivery of property to the brokers to replace the property borrowed by such broker.
(Section 35 of the Code)
SECTION 136. Basis for determining gain or loss from sale of property.
For the purpose of ascertaining the gain or loss from the sale or exchange of property,
the basis is the cost of such property, or in the case of property which should be
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

64

included in the inventory, its latest inventory value. But in the case of property
acquired before March 1, 1913, when its fair market value as of that date is in excess
of its cost, the gain to be included in gross income is the excess of the amount realized
therefor over such fair market value. (See illustration I, Section 137 of these
regulations). Also in the case of property acquired before March 1, 1913, when its fair
market value as of that date is lower than its cost the deductible loss is the excess of
such fair market value over the amount realized therefor. (See Illustration II, Id.). No
gain or loss is recognized in the case of property sold or exchanged (a) at more than
cost but less than its fair market value as of March 1, 1913 (See Illustration III, Id.), or
(b) at less than cost but at more than its fair market value as of March 1, 1913. (See
Illustration IV, Id., Id., Id.) In any case proper adjustment must be made in computing
gain or loss from the exchange or sale of property for any depreciation or depletion
sustained and allowable as deduction in computing net income; the amount of
depreciation previously charged off by the taxpayer shall be deemed to be true
depreciation sustained unless shown by clear and convincing evidence to be incorrect.
What the fair market value of property was as of March 1, 1913, is a question of fact
to be established by evidence which will reasonably and adequately make it appear.
The nature and extent of the sales and the circumstances under which they were made
should be considered. Prices received at forced sales or for small lots of property may
be and often are no real indication of the value of the amount of property in question.
For instance, sales from time to time of a small number of shares of stock is little
indication of the value of a large or controlling interest in the corporation. If the
taxpayer can not determine the cost of securities purchased prior to March 1, 1913,
because of the loss, destruction, or failure to keep records, the value of the securities
at the date of approximate date of acquisition may be used in determining the cost
basis for purposes of computing the gain or loss from the sale of the securities. When
the date or approximate date of acquisition is unknown, no general rule can be stated
for determining the cost value of such securities. Each case must be considered
separately upon its own facts.
SECTION 137. Illustrations of the computation of gain or loss from the sale
or exchange of property acquired prior to March 1, 1913. To avoid complexity no
adjustment has been made in these examples for depreciation or depletion.
In the case of property acquired before March 1, 1913, when its fair market
value as of that date is in excess of its cost, the taxable gain is the excess of the
amount realized therefor over such fair market value.
ILLUSTRATION I
Fair Market
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

65

Cost

Value
Mar. 1, 1913

Sale Price

Taxable gain

P20,000

P30,000

P40,000

P10,000
Excess of amount realized over fair
market value as of March 1, 1913.
Gain attributed to the period prior
to March 1, 1913 not taxable.

In the case of property acquired before March 1, 1913, when its fair market
value as of that date is lower than its cost, the deductible loss is the excess of such fair
market value over the amount realized therefor.
ILLUSTRATION II
Cost

Fair Market
Value
Mar. 1, 1913

Sale Price

Taxable gain

P20,000

P10,000

P6,000

P4,000
Excess of fair market value over
amount realized. Loss attributable to
the period prior to March 1, 1913, not
deductible.

No gain or loss is recognized in the case of property acquired before March 1,


1913, and sold or disposed of at more than cost but at less than its fair market value as
of that date.
ILLUSTRATION III
Cost

Fair Market
Value
Mar. 1, 1913

Sale Price

Taxable gain

P20,000

P60,000

P40,000

No taxable gain or deductible loss.


Reason: A gain on whole transaction,
which gain is attributed to period prior
to March 1,1913.

No gain or loss is recognized in the case of property acquired before March 1,


1913, and sold or disposed of at less than cost but at more than its fair market value as
of that date.
ILLUSTRATION IV
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

66

Cost

Fair Market
Value
Mar. 1, 1913

Sale Price

Taxable gain

P20,000

P6,000

P10,000

No taxable gain or deductible loss.


Reason: A loss on whole transaction,
which loss is attributable to period
prior to March 1, 1913.

Where the cost is equal to or greater than the fair market value as of March 1,
1913, and the selling price exceeds the cost, the gain to be included in gross income is
the excess of the selling price over the cost.
ILLUSTRATION V
Cost

Fair Market
Value
Mar. 1, 1913

Sale Price

Taxable gain

P20,000

P10,000

P40,000

P20,000
Reason: Gain on whole transaction,
all of which is attributable to period
subsequent to March 1, 1913.

Where the fair market value as of March 1, 1913, is equal to or greater than the
cost and the selling price is less than the cost, the deductible loss is the amount by
which the cost exceeds the selling price.
ILLUSTRATION VI
Cost

Fair Market
Value
Mar. 1, 1913

Sale Price

Taxable gain

P20,000

P30,000

P10,000

P10,000
Reason: Loss on whole transaction, all
of which is attributable to period
subsequent to March 1, 1913. Only
actual loss sustained deductible.

SECTION 138. Sale of property acquired by gift. In computing the gain


or loss from the sale or other disposition of property acquired by gift, the basis shall
be the selling price and the fair market value of the property at the time the gift was
made, or its fair market value as of March 1, 1913, if acquired prior thereto,
determined in accordance with the next two preceding sections. In the case of gifts
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

67

made on or after July 1, 1939, the value taken as a basis for gift tax purposes shall be
considered as the fair market value in computing gain or loss from the sale or other
disposition of the property.
SECTION 139. Sale of property acquired by devise, bequests, or
inheritance. In computing the gain or loss from the sale or other disposition of
property acquired by devise, bequest, or inheritance, the basis shall be the fair market
price or value of such property at the time of the death of the decedent. The term
"property acquired by bequest, devise, or inheritance" as used herein includes (a) such
property interests as the taxpayer has received as the result of a transfer, or creation of
a trust, in contemplation of or intended to take effect in possession or enjoyment at or
after death, and (b) such property interest as the taxpayer has received as the result of
the exercise by a person of a general power of appointment (1) by will, or (2) by deed
executed in contemplation of or intended to take effect in possession or enjoyment at
or after death. In the case of property acquired by gift, bequest, devise, or inheritance,
prior to March 1, 1913, the taxable gain or deductible loss from the sale or other
disposition thereof shall be computed in accordance with sections 136 and 137 of
these regulations. In the case of property acquired by bequest, devise or inheritance,
its value as appraised for the purpose of the inheritance tax shall be deemed to be its
fair market value when acquired.
DaIACS

SECTION 140. Exchange of property. Gain or loss arising from the


acquisition and subsequent disposition of property is realized only when as the result
of a transaction between the owner and another person the property is converted into
other property (a) that is essentially different from the property disposed of, and (b)
that has a market value. The requirement that the property received in exchange must
be "essentially different from the property disposed of" implies that there must be a
change in substance and not merely a change in form. By way of illustration, if a
taxpayer owning ten shares of stock exchanges his stock certificate for a voting trust
certificate, no income is realized. The term "market value" means the fair value of the
property in money as between one who wishes to purchase and one who wishes to
sell. It is not, however, what can be obtained for the property when the owner is under
peculiar compulsion to sell or the purchaser to buy; nor is it a purely speculative value
which an owner could not reasonably expect to obtain for the property although he
might possibly be fortunate enough to do so. "Market value" is the price at which a
seller willing to sell at a fair price and a buyer willing to buy at a fair price, both
having reasonable knowledge of the facts, will trade. Evidence as to the assets and
liabilities of a corporation and as to its earnings may furnish definite indications of the
market value of its stock.
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

68

SECTION 141. Determination of gain or loss from the exchange of


property. The amount of income derived or loss sustained from an exchange of
property is the difference between the market value at the time of the exchange of the
property received in exchange and the original cost, or other basis, of the property
exchange. If the property exchanged was acquired prior to March 1, 1913, see
Sections 136 and 137 of these regulations.
SECTION 142. Readjustment of interest in a registered copartnership.
When a partner retires from a duly registered copartnership, or the partnership is
dissolved, he realizes a gain or loss measured by the difference between the price
received for his interest and the cost to him of his interest in the partnership including
in such cost the amount of his share in any undistributed partnership net income
earned since he became a partner on which the income tax has been paid. However, if
such interest in the partnership was acquired prior to March 1, 1913, both the cost as
hereinbefore provided and the amount of such interest as of date, plus the amount of
the shares in any undistributed partnership net income earned since March 1, 1913, on
which the income tax has been paid, shall be ascertained and the taxable gain derived
or the deductible loss sustained shall be computed as provided in Sections 136 and
137 of these regulations. If the partnership distributes its assets in kind and not in
cash, the partner realizes gain or suffers loss according to the market value of the
property received in liquidation. Whenever a new partner is admitted, to a partnership,
or any existing partnership is reorganized, the facts as to such change or
reorganization should be fully set forth in the next return of income, in order that the
Commissioner of Internal Revenue may determine whether any gain or loss has been
realized by any partner.
SECTION 143. Basis of stock or securities acquired in "wash sales". In
the sale or other disposition of stocks or securities the acquisition of which (or the
contract or option to acquire which) resulted in the non deductibility of the loss from
the sale or other disposition of substantially identical stock or securities the basis shall
be the basis of the substantially identical stock so sold or disposed of, increased or
decreased, as the case may be, by the difference, if any, between the price at which
the stock or securities was acquired and the price at which such substantially identical
stock or securities were sold or otherwise disposed of. The application of this rule
may be illustrated by the following examples:
EXAMPLE (1): A purchased a share of common stock of the X Corporation
for P100 in 1936, which he sold January 15, 1940, for P80.00. On February 1, 1940,
he purchased a share of common stock of the same corporation for P90.00. No loss
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

69

from the sale is recognized under Section 33 of the Code. The basis of the new share
is P110; that is, the basis of the old share (P100) increased by P10, excess of the price
at which the new share was acquired (P90) over the price at which the old share was
sold (P80).
EXAMPLE (2): A purchased a share of common stock of the X corporation for
P100 in 1936, which he sold January 15, 1940, for P80. On January 1, 1940, he
purchased a share of common stock of the same corporation for P70. No loss from the
sale is recognized under Section 33 of the Code. The basis of the new share is P90;
that is, the basis of the old share (P100) decreased by P10, the excess of the price at
which the old share was sold (P80) over the price at which the new share was
acquired (P70). (See Section 131 of these regulations).
SECTION 143-A. Excerpts from B.I.R. General Circular No. V-253 publishing
Republic Act No. 1921 amending Section 35 of the Code, particularly subsection (c)
thereof:
Features of the Amendment
1. Before and after the amendment. Under the provisions of subsection
(c) of Section 35 of the National Internal Revenue Code, before its amendment by
Republic Act No. 1921, when property is exchanged for another property, the
property received in exchange shall, for the purpose of determining gain or loss, be
treated as the equivalent of cash to the amount of its fair market value.
Paragraph 1 of subsection (c) of section 35 of the Tax Code after the
amendment states the general rule that upon the sale or exchange of property, the
entire amount of gain or loss as the case may be, is recognized, while paragraphs 2
and 3 give the exceptions where gain or loss is not recognized, or gain is recognized
only in part.
2. Exceptions to the rule recognizing gain or loss in exchanges of property
solely in kind. Under paragraph 2 of subsection (c) of Section 35 of the Tax Code
after its amendment by Republic Act No. 1921, no gain or loss shall be recognized in
the following cases of exchanges made in pursuance of a plan of merger or
consolidation:
(a)

Copyright 2014

By a corporation: If a corporation, a party to a merger or consolidation,


in pursuance of such plan of merger or consolidation, exchanges
property solely for stock in another corporation, a party to the merger or

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

70

consolidation.
(b)

By a shareholder: A shareholder who exchanges his stock in a


corporation which is a party to the merger or consolidation solely for
stock of another corporation, also a party to the merger or consolidation.

(c)

By a security holder: A security holder of a corporation which is a party


to the merger or consolidation, who exchanges his securities in such
corporation solely for stock or securities in another corporation, a party
to the merger or consolidation.

3.
in kind.
(a)

Recognition of gain in part but not loss, where exchanges are not solely
By a shareholder or security holder. If in connection with an
exchange made by a shareholder or security holder described in the
above exceptions, he receives not only stock or securities, permitted to
be received without recognition of loss or gain, but also money and/or
other property, then the gain, if any, to the recipient shall be recognized,
but in an amount not in excess of the sum of money and the fair market
value of such other property. The loss, if any, to the shareholder or
security holder from such an exchange is not to be recognized to any
extent. However, if the distribution of such other property and/or money
to a shareholder in the course of a merger or consolidation has the effect
of the distribution of a taxable dividend, there shall be taxed to the
distributee as a taxable dividend such an amount of the gain recognized
on the exchange as is not in excess of the distributee's ratable share of
the undistributed earnings and profits of the corporation, and as a capital
gain, the remainder, if any, of the gain so recognized.
Example: A, in connection with a merger or consolidation in 1957
exchanges a share of stock in the X Corporation (a party to the merger
or consolidation) purchased in 1939 at a cost of P100 for a share of
stock of the Y Corporation (also a party to the merger or consolidation),
which has a fair market value of P90, plus P20 in cash. The gain from
the transaction is P10 and is recognized and taxed as a gain from the
exchange of property. However, if the share of stock received had a fair
market value of P70, the loss from the transaction of P10 would not be
recognized.

(b)
Copyright 2014

By a corporation. If, in pursuance of a plan of merger or

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

71

consolidation above described, the transferor corporation receives not


only stock permitted to be received without the recognition of gain or
loss, but also money and/or other property, then, if such money and/or
other property received by the corporation is distributed by it pursuant
to the plan of merger or consolidation, no gain to the said corporation
will be recognized. If the other property and/or money received by the
corporation is not distributed by it pursuant to the plan of merger and
consolidation, the gain, if any, to the corporation from the exchange will
be recognized in an amount not in excess of the sum of money and the
fair market value of the other property so received which is not
distributed. In either case no loss from the exchange will be recognized.
4. Assumption of liability. Where upon an exchange described in the
foregoing exceptions, a taxpayer receives stock or securities which would be
permitted to be received without the recognition of gain if it were the sole
consideration, and as part of the consideration, another party to the exchange assumes
a liability of the taxpayer, or acquires from the taxpayer property subject to a liability,
such assumption or acquisition shall not be considered as money and/or other
property, and shall not prevent the exchange from being within the exceptions.
Accordingly, the assumption of the aforesaid liabilities is not to be treated as other
property or money for the purpose of determining the amount of realized gain.
5. Basis of stock or securities for the purpose of determining gain or loss
upon subsequent sale.
(a) By the transferor corporation, or its shareholder or security holder.
The basis of the stock or securities received by the transferor corporation or its
shareholder or security holder upon the exchange specified in the above exceptions
shall be the same as the basis of the property, stock or securities exchanged decreased
by the money received and the fair market value of the other property received, and
increased by the amount treated as dividend of the shareholder and the amount of any
gain that was recognized on the exchange. The other property or "boot" received in
exchange shall have as basis its fair market value.
Examples: 1. A purchased a share of stock in the X Corporation in 1939 for
P100. Pursuant to a plan of merger or consolidation, A in 1957 exchanged his share
for one share in the Y Corporation, worth P90 and P30 in cash. A realized a gain of
P20 upon the exchange. The basis of the share of stock in the Y Corporation is P90,
that is, the basis of the share in the X Corporation (P100) less the amount of money
received by A (P30) plus the amount of the gain recognized on the exchange (P20).
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

72

2. A purchased a share of stock in the X Corporation in 1939 for P100.


Upon a merger or consolidation of the X Corporation in 1957, A received in place of
his stock in the X Corporation a share of stock in the Y Corporation worth P60, a
Treasury Bond worth P50, and in addition P20 in cash. A realized a gain of P30 upon
the exchange. The basis of the property received in exchange is the basis of the old
stock decreased in the amount of money received (P20) and increased in the amount
of gain that was recognized (P30), which results in a basis for the property received of
P110. This basis of P110 is apportioned between the Treasury Bond and the share of
stock, the basis of the Treasury Bond being its fair market value at the date of the
exchange, P50, and of the share of stock, the remainder, P60.
(b) By the transferee. The basis of the property transferred in the hands of
the transferee shall be the same as it would be in the hands of the transferor, increased
by the amount of the gain recognized to the transferor on the transfer.
(c) If corporation shareholder or security holder received several kinds of
stock or securities. When securities of a single class were exchanged for new
securities of different classes where no gain or loss was recognized, the proper
method of apportionment is to allocate to each class of new securities that proportion
of the original basis which the market value of the particular class bears to the market
value of all securities received on the date of the exchange, for purposes of
determining the gain or loss on the subsequent sale of any of the new securities. For
example, if 100 shares of common stock par value P100, are exchanged for 50 shares
of preferred and 50 shares of common each of P100 par value, and the cost of the old
stock was P250 per share, or P25,000, but the market value of the preferred stock on
the date of the exchange was P110 per share, or P5,500 for the 50 shares, and the
market value of the common was P440 per share or P22,000 for the 50 shares of
common, one-fifth of the original cost, or P5,000, would be regarded as the cost of
the preferred and four-fifths, or P20,000 as the cost of the common.
As previously shown cash "boot" operates in the first instance to reduce basis.
Then to this result must be added the gain recognized. The remainder is to be
allocated between the several types of stock and securities permitted to be received
without the recognition of gain or loss. To illustrate: The taxpayer in a nontaxable
exchange trades A stock which cost P100 for one share of common stock and one
share of preferred stock of B corporation, together worth P100 (P100 each), and P50
cash. The basis for the share of B common stock will therefore be P50 (1/2 of P100)
and the B preferred stock will likewise take a P50 basis.

Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

73

6.

Definitions:

(a) The term "securities" means bonds and debentures but not "notes" of
whatever class or duration.
(b) The term "merger" or "consolidation" shall be understood to mean the
ordinary merger or consolidation, or the acquisition by one corporation of all or
substantially all the properties of another corporation solely for stock. In order that a
transaction may be regarded as a merger or consolidation within the purview of the
amendment, it must be undertaken for a bona fide business purpose and not solely for
the purpose of escaping the burden on taxation. In determining whether a bona fide
business purpose exists, each and every step of the transaction shall be considered and
the whole transaction or series of transactions shall be treated as a single unit. The
term "property" shall be taken to include the cash assets of the transferor for purpose
of determining whether the property transferred constitutes a substantial portion of the
property of the transferor. "Substantially all" as used under this amendment means the
acquisition by one corporation of at least 80% of the assets, including cash, of another
corporation, which has the element of permanence and not merely momentary
holding.
(Section 36 of the Code)
SECTION 144. Need of inventories. In order to reflect the net income
correctly, inventories at the beginning and end of each year are necessary in every
case in which the production, purchase or sale of merchandise is an income producing
factor. The inventory should include raw materials and supplies on hand that have
been acquired for sale, consumption, or use in productive processes together with all
finished or partly finished goods. Only merchandise title to which is vested in the
taxpayer should be included in his inventory. Accordingly the seller should include in
his inventory goods under contract for sale but not yet segregated and applied to the
contract and goods out upon consignment, but should exclude from inventory goods
sold, title to which has passed to the purchaser. A purchaser should include in
inventory merchandise purchased, title to which has passed to him although such
merchandise is in transit or for other reasons has not been reduced to physical
possession, but should not include goods ordered for future delivery transfer of title to
which has not yet been effected.
SECTION 145. Valuation of inventories. The law provides two tests to
which each inventory must conform. (1) It must conform as nearly as possible to
the best accounting practice in the trade or business, and (2) it must clearly reflect the
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

74

income. It follows, therefore, that inventory rules can not be uniform but must give
effect to trade customs which come within the scope of the best accounting practice in
the particular trade or business. In order to clearly reflect income, the inventory
practice of a taxpayer should be consistent from year to year, and greater weight is to
be given to consistency than to any particular method of inventory or basis of
valuation, as long as the method or basis used is substantially in accord with these
regulations. An inventory that can be used under the best accounting practice in a
balance sheet showing the financial position of the taxpayer is, as a general rule,
regarded as clearly reflecting his income.
The bases of valuation most commonly used by business concerns and which
meet the requirements of the Income Tax Law are (a) cost price or (b) cost or market
price, whichever is the lower. Any goods in an inventory which are unsalable at
normal prices or unusable in the normal way because of damage, imperfections, shop
wear, changes of style, odd or broken lots, or other similar causes, including second
hand goods taken in exchange, should be valued at "bona fide" selling prices whether
basis (a) or (b) is used, or if such goods consist of raw materials or partly finished
goods held for use or consumption, they should be valued upon a reasonable basis,
taking into consideration the usability and the condition of the goods, but in no case
shall such value be less than the scrap value. "Bona fide" selling price means actual
offerings of goods during a period ending not later than thirty days after inventory
date. The burden of proof will rest upon the taxpayer to show that such exceptional
goods as are valued upon such selling bases come within the classifications indicated
above, and he shall maintain such records of the disposition of the goods as will
enable a verification of the inventory to be made.
aHTDAc

In respect to normal goods, whichever basis (a) or (b) is adopted must be


applied with reasonable consistency to the entire inventory. Taxpayers were given the
option to adopt either basis (a) or (b) for their 1921 inventories, and the basis adopted
for that year is controlling and a change can now be made after permission is secured
from the Commissioner of Internal Revenue. Goods taken in the inventory which have
been so intermingled that they can not be identified with specific invoices will be
deemed to be either (a) the goods most recently purchased or produced and the cost
thereof will be the actual cost of the goods purchased or produced during the period in
which the quantity of goods in the inventory has been acquired, or (b) where the
taxpayer maintains book inventories in accordance with a sound accounting system in
which the respective inventory accounts are charged with the actual cost of the goods
purchased or produced and credited with the value of the goods used, transferred, or
sold, calculated upon the basis of the actual cost of the goods acquired during the
taxable year (including the inventory at the beginning of the year) the net value as
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

75

shown by such inventory accounts will be deemed to be the cost of the goods on
hand. The balances shown by such inventories should be verified by physical
inventories at reasonable intervals and adjusted to conform therewith.
Inventories should be recorded in a legible manner, properly computed and
summarized, and should be preserved as a part of the accounting record of the
taxpayer. The inventories of taxpayers on whatever basis taken will be subject to
investigation by the Commissioner of Internal Revenue and the taxpayer must satisfy
the Commissioner of Internal Revenue of the correctness of the price adopted.
The following methods, among others, that are sometimes used in taking or
valuing inventories, are not in accord with these regulations and therefore their use for
income tax purposes is prohibited, viz.:
(1) Deducting from the inventory a reserve for price changes, or an estimated
depreciation in the value thereof.
(2) Taking work in process, or other parts of the inventory, at a nominal price
or at less than its proper value.
(3) Omitting portions of the stock on hand.
(4) Using a constant price or nominal value for a so called normal quantity of
materials or goods in stock.
(5) Including stock in transit, either shipped to or from the taxpayer, the title
to which is not vested in the taxpayer.
SECTION 146. Inventories at cost price. Cost means: (1) In the case of
merchandise on hand at the beginning of the taxable year, the inventory price of such
goods.
(2) In the case of merchandise purchased since the beginning of the taxable
year, the invoice price less trade or other discounts, except strictly cash discounts,
approximating a fair interest rate, which may be deducted or not at the option of the
taxpayer, provided a consistent course is followed. To this net invoice price should be
added transportation or other necessary charges incurred in acquiring possession of
the goods.
(3) In the case of merchandise produced by the taxpayer since the beginning
of the taxable year, (a) the cost of raw materials and supplies entering into or
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

76

consumed in connection with the products; (b) expenditures for direct labor; (c)
indirect expenses incident to and necessary for the production of the particular article,
including therein a reasonable proportion of management expenses, but not including
any cost of selling or return on capital whether by way of interest or profit.
(4) In any industry in which the usual rules for computation of cost of
production are inapplicable, costs may be approximated upon such basis as may be
reasonable and in conformity with established trade practice in the particular industry.
Among such cases are: (a) Farmers and raisers of livestock; (b) miners and
manufacturers who by a single process or uniform series of processes derive a product
of two or more kinds, size or grade, the unit cost of which is substantially alike; and
(c) retail merchants who use what is known as the "retail method" in ascertaining
approximate cost.
SECTION 147. Inventories at market price. Under ordinary
circumstances, and for normal goods in an inventory "market price" means the current
bid price prevailing at the date of the inventory for the particular merchandise in the
volume in which usually purchased by the taxpayer and is applicable in the cases (a)
of goods purchased and on hand, and (b) of basic elements of cost (materials, labor,
and burden) in goods in process of manufacture and in finished goods on hand;
exclusive, however, of goods on hand or in process of manufacture for delivery upon
firm sales contracts (i.e., those not legally subject to cancellation by either party) at
fixed prices entered into before the date of the inventory, which goods must be
inventoried at cost. Where no open market exists or where quotations are nominal due
to stagnant market condition, the taxpayer must use such evidence of a fair market
price at the date or dates nearest the inventory as may be available, such as specific
purchase or sales by the taxpayer or others in reasonable volume and made in good
faith, or compensation paid for cancellation of contracts for purchase commitments.
Where the taxpayer in the regular course of business has offered for sale such
merchandise at prices lower than the current price as above defined, the inventory
may be value at such prices and the correctness of prices will be determined by
reference to the actual sales of the taxpayer for a reasonable period before and after
the date of the inventory. Prices which vary materially from the actual prices so
ascertained will not be accepted as reflecting the market price.
SECTION 148. Inventories by dealers in securities. A dealer in
securities who in his books of account regularly inventories unsold securities on hand
either
(a) At cost;
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

77

(b) At, cost or market, whichever is lower; or


(c) At market value.
may make his return upon the basis upon which his accounts are kept; provided
that a description of the method employed shall be included in or attached to the
return, that all the securities must be inventoried by the same method, and that such
method must be adhered to in subsequent years, unless another method be authorized
by the Commissioner of Internal Revenue. A dealer in securities in whose books of
accounts separate computations of the gain or loss from the sale of the various lots of
securities sold are made on the basis of the cost of each lot shall be regarded, for the
purposes of this section, as regularly inventorying his securities at cost. For the
purposes of this rule a dealer in securities is a merchant of securities, whether an
individual, partnership; or corporation, with an established place of business,
regularly engaged in the purchase of securities and their resale to customers; that is,
one who as a merchant buys securities and sells them to customers with a view to the
gains and profits that may be derived therefrom. If such business is simply a branch of
the activities carried on by such person, the securities inventoried as here provided
may include only those held for purposes of resale and not for investment. Taxpayers
who buy and sell or hold securities for investment or speculation, irrespective of
whether such buying or selling constitutes the carrying on of a trade or business, and
officers of corporations and members of partnerships who in their individual
capacities buy and sell securities, are not dealers in securities within the meaning of
this rule.
SECTION 149. Inventories of livestock raisers and other farmers. (1)
Farmers may change the basis of their returns from that of receipts and disbursements
to that of an inventory basis, which necessitates the use of opening and closing
inventories for the year in which the change is made. There should be included in the
opening inventory all farm products (including livestock) purchased or raised which
were on hand at the date of the inventory, but inventories must not include real estate,
buildings, permanent improvements, or any other fixed assets.
DEICTS

(2) Because of the difficulty of ascertaining actual cost of livestock and other
farm products, farmers who render their returns upon an inventory basis may at their
option value their inventories for the current taxable year according to the "farm-price
method" which provides for the valuation of inventories at market price less cost of
marketing. If the use of the "farm-price method" of valuing inventories for any taxable
year involves a change in method of pricing inventories from that employed in prior
years, the opening inventory for the taxable year in which the change is made should
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

78

be brought in at the same value as the closing inventory for the preceding taxable
year. If such valuation of the opening inventory for the taxable year in which the
change is made results in an abnormally large income for that year, there may be
submitted with the return for such taxable year an adjustment statement for the
preceding year based on the "farm-price method" of valuing inventories; upon the
amount of which adjustments the tax, if any be due, shall be assessed and paid at the
rate of tax in effect for such preceding year.
(3) Where returns have been made in which the taxable net income has been
computed upon incomplete inventories, the abnormality should be corrected by
submitting with the return for the current taxable year a statement for the preceding
year in which such adjustments shall be made as are necessary to bring the closing
inventory for the preceding year into agreement with opening complete inventory for
the current taxable year.
SECTION 150. Inventories of miners and manufacturers. A taxpayer
engaged in mining or manufacturing who by a single process or uniform series of
processes derives a product of two or more kinds, sizes or grades, the unit cost of
which is substantially alike, and who in conformity to a recognized trade practice
allocates an amount of cost to each kind, size, or grade of product which in the
aggregate will absorb the total cost of production, may use such allocated cost a the
basis for pricing inventories, provided such allocation bears a reasonable relation to
the respective selling values of the different kinds of products.
SECTION 151. Inventories of retail merchants. Retail merchants who
employ what is known as the "retail method" of pricing inventories may make their
returns upon that basis, provided that the use of such method, is designated upon the
returns, that accurate accounts are kept and that such method is consistently adhered
to unless a change is authorized by the Commissioner of Internal Revenue. Under this
method the goods in the inventory are ordinarily priced at the selling prices and the
total retail value of the goods in each department or of each class of goods is reduced
to approximate cost by deducting the percentage which represents the difference
between the retail selling value and the purchase price. This percentage is determined
by departments of a store or by classes of goods, and should represent as accurately as
may be the amounts added to the cost prices of the goods to cover selling and other
expenses of doing business and for the margin of profit. In computing the percentage
above mentioned, proper adjustment should be made for all mark-ups and
mark-downs.
A taxpayer maintaining more than one department in his store or dealing in
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

79

classes of goods carrying different percentages of gross profit should not use a
percentage of profit based upon an average of his entire business but should compute
and use in valuing his inventory the proper percentages for the respective departments
or classes of goods.
(Section 37 of the Code)
SECTION 152. Income from sources within the Philippines. The law
divides the income of taxpayers into three classes:
(1) Income which is derived in full from sources within the Philippines;
(2) Income which is derived in full from sources without the Philippines; and
(3) Income which is derived partly from sources within and partly from
sources without the Philippines.
Non-resident alien individuals and foreign corporations are taxable only upon
income from sources within the Philippines. Citizens and residents of the Philippines
and domestic corporations are taxable upon income derived from sources both within
and without the Philippines.
The taxable income from sources within the Philippines includes that derived
in full from sources within the Philippines and that portion of the income which is
derived partly from sources within and partly from sources without the Philippines
which is allocated or apportioned to sources within the Philippines.
SECTION 153. Interest. Interest on bonds or notes or other interest
bearing obligations of residents, corporate or otherwise, constitutes income from
sources within the Philippines.
SECTION 154. Dividends. Gross income from sources within the
Philippines includes dividends, as defined by Section 83 of the Code:
(a) From a domestic corporation; and
(b) From a foreign corporation unless less than 50 per cent of its gross
income for the three-year period ending with the close of its taxable year preceding
the declaration of such dividends, or for such part of such period as it has been in
existence, was derived from sources within the Philippines; but only in an amount
which bears the same ratio to such dividends as the gross income of the corporation
for such period derived from sources within the Philippines bears to its gross income
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

80

from all sources.


Dividends will be treated as an income from sources within the Philippines
unless the taxpayer submits sufficient data to establish to the satisfaction of the
Commissioner of Internal Revenue that they should be excluded from gross income
under Section 37(a)(2)(B).
SECTION 155. Compensation for labor or personal services. Gross
income from sources within the Philippines includes compensation for labor or
personal services performed within the Philippines regardless of the residence of the
payor, of the place in which the contract for service was made, or of the place of
payment. If a specific amount is paid for labor or personal services performed in the
Philippines, such amount shall be included in the gross income. If no accurate
allocation or segregation of compensation for labor or personal services performed in
the Philippines can be made, or when such labor or service is performed partly within
and partly without the Philippines, the amount to be included in the gross income
shall be determined by an apportionment of the time basis, i.e., there shall be included
in the gross income an amount which bears the same relation to the total
compensation as the number of days of performance of the labor or services within
the Philippines bears to the total number of days performance of labor or services for
which the payment is made. Wages received for services rendered inside the territorial
limits of the Philippines and wages of an alien seaman earned on a coastwise vessel
are to be regarded as from sources within the Philippines.
SECTION 156. Rentals and royalties. Gross income from sources within
the Philippines includes rentals or royalties from property located within the
Philippines or from any interest in such property, including rentals or royalties for the
use of or the privilege of using in the Philippines, patents, copyrights, secret processes
and formulas, goodwill, trademarks, trade brands, franchises, and other like property.
The income arising from the rental of property whether tangible or intangible located
within the Philippines, or from the use of property, whether tangible or intangible,
located within the Philippines, is from sources within the Philippines.
SECTION 157. Sale of real property. Gross income from sources within
the Philippines includes gain, computed under the provisions of Section 35, derived
from the sale or other disposition of real property located in the Philippines. For the
treatment of capital gains and losses, see Sections 132 to 135 of these regulations.
SECTION 158. Income from sources without the Philippines. Gross
income from sources without the Philippines includes:
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

81

(1) Interest other than that specified in Section 37(a)(1), as being derived
from sources within the Philippines;
(2) Dividends other than those derived from sources within the Philippines as
provided in Section 37(a)(2);
(3) Compensation for labor or personal services performed without the
Philippines;
(4) Rentals or royalties derived from property without the Philippines or from
any interest in such property, including rentals or royalties for the use of or for the
privilege of using without the Philippines, patents, copyrights, secret processes and
formulas, goodwill, trade-marks, trade brands, franchises, and other like property; and
(5) Gain derived from the sale of real property located without the
Philippines.
SECTION 159. Sale of personal property. Income derived from the
purchase and sale of personal property shall be treated as derived entirely from the
country in which sold. The world "sold" includes "exchanged". The "country in which
sold" ordinarily means the place where the property is marketed. This section does not
apply to income from the sale of personal property produced (in whole or in part) by
the taxpayer within and sold without the Philippines or produced (in whole or in part)
by the taxpayer without and sold within the Philippines. (See Section 162 of these
regulations.)
SECTION 160. Apportionment of deductions. From the items specified
in Section 37(a) as being derived specifically from sources within the Philippines
there shall be deducted the expenses, losses, and other deductions properly
apportioned or allocated thereto and a ratable part of any other expenses, losses or
deductions which can not definitely be allocated to some item or class of gross
income. The remainder shall be included in full as net income from sources within the
Philippines. The ratable part is based upon the ratio of gross income from sources
within the Philippines to the total gross income.
EXAMPLE: A non-resident alien individual whose taxable year is the calendar
year, derived gross income from all sources for 1939 of P180,000, including therein:
Interest on bonds of a domestic corporation
Dividends on stock of domestic corporation
Royalty for the use of patents within the Philippines
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

P9,000
4,000
12,000
82

Gain from sale of real property located within the Philippines


Total

11,000

P36,000

that is, one-fifth of the total gross income was from sources within the Philippines.
The remainder of the gross income was from sources without the Philippines,
determined under Section 37(c).
The expenses of the taxpayer for the year amounted to P78,000. Of these
expenses the amount of P8,000 is properly allocated to income from sources within
the Philippines and the amount of P40,000 is properly allocated to income from
sources without the Philippines.
The remainder of the expense, P30,000, cannot be definitely allocated to any
class of income. A ratable part thereof, based upon the relation of gross income from
sources within the Philippines to the total gross income, shall be deducted in
computing net income from sources within the Philippines. Thus, there are deducted
from the P36,000 of gross income from sources within the Philippines expenses
amounting to P14,000 (representing P8,000 properly apportioned to the income from
sources within the Philippines and P6,000, a ratable part (one-fifth) of the expenses
which could not be allocated to any item or class of gross income). The remainder,
P22,000, is the net income from sources within the Philippines.
SECTION 161. Other income from sources within the Philippines. Items
of gross income other than those specified in Section 37(a) and (c) shall be allocated
or apportioned to sources within or without the Philippines, as provided in Section
(37)(e).
The income derived from the ownership or operation of any farm, mine, oil or
gas well, other natural deposit, or timber, located within the Philippines, and from the
sale by the producer of the products thereof within or without the Philippines, shall
ordinarily be included in gross income from sources within the Philippines. If,
however, it is shown to the satisfaction of the Commissioner of Internal Revenue that
due to the peculiar conditions of productions and sale in a specific case or for other
reasons all of such gross income should not be allocated to sources within the
Philippines and to sources without the Philippines shall be made as provided in
Section 162 of these regulations.
Where items of gross income are separately allocated to sources within the
Philippines, there shall be deducted therefrom, in computing net income, the
expenses, losses, and other deductions properly apportioned or allocated thereto and a
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

83

ratable part of other expenses, losses, or other deductions which cannot definitely be
allocated to some item or class of gross income.
SECTION 162. Income from the sale of personal property derived from
sources partly within and partly without the Philippines. Items of gross income not
allocated by Sections 152 to 159 or 161 of these regulations to sources from within or
without the Philippines shall (unless unmistakably from a source within or a source
without the Philippines) be treated as derived from sources partly within and partly
without the Philippines.
EcICSA

The portion of such income derived from sources partly within the Philippines
and partly within a foreign country which is attributable to sources within the
Philippines shall be determined according to the following rules and cases:
PERSONAL PROPERTY PRODUCED AND SOLD: Gross income
derived from the sale of personal property produced (in whole or in part) by the
taxpayer within the Philippines and sold within a foreign country, or produced (in
whole or in part) by the taxpayer within a foreign country and sold within the
Philippines shall be treated as derived partly from sources within the Philippines and
partly from sources within a foreign country under one of the cases below. As used
herein the word "produced" includes created, fabricated, manufactured, extracted,
processed, cured, or aged.
CASE 1. Where the manufacturer or producer regularly sells a part of his
output to wholly independent distributors or other selling concerns in such a way as to
establish fairly an independent factory or production price or shows to the
satisfaction of the Commissioner of Internal Revenue that such an independent factory
or production price has been otherwise established unaffected by considerations of
tax liability, and the selling or distributing branch or department of the business is
located in a different country from that in which the factory is located or the
production carried on, the net income attributable to sources within the Philippines
shall be computed by an accounting which treats the products as sold by the factory or
productive department of the business to the distributing or selling department at the
independent factory price as established. In all such cases the basis of the accounting
shall be fully explained in a statement attached to the return.
CASE 2. Where an independent factory or production price has not been
established as provided under Case 1, the net income shall first be computed by
deducting from the gross income derived from the sale of personal property produced
(in whole or in part) by the taxpayer within the Philippines and sold within a foreign
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

84

country or produced (in whole or in part) by the taxpayer within a foreign country and
sold within the Philippines, the expenses, losses, or other deductions properly
apportioned or allocated thereto and a ratable part of any expenses, losses, or other
deductions which can not definitely be allocated to some item or class of gross
income. Of the amount of net income so determined, one-half shall be apportioned in
accordance with the value of the taxpayer's property within the Philippines and within
the foreign country, the portion attributable to sources within the Philippines being
determined by multiplying such one half by a fraction the numerator of which consists
of the value of the taxpayer's property within the Philippines, and the denominator of
which consists of the value of the taxpayer's property both within the Philippines and
within the foreign country. The remaining one-half of such net income shall be
apportioned in accordance with the gross sales of the taxpayer within the Philippines
and within the foreign country, the portion attributable to sources within the
Philippines being determined by multiplying such one-half by a fraction the
numerator of which consists of the taxpayer's gross sales for the taxable year or period
within the Philippines, and the denominator of which consists of the taxpayer's gross
sales for the taxable year, or period both within the Philippines and within the foreign
country. The "gross sales of the taxpayer within the Philippines" means the gross sales
made during the taxable year which were principally secured, negotiated, or effected
by employees, agents, offices, or branches of the taxpayer's business resident or
located in the Philippines. The term "gross sales" as used in this paragraph refers only
to the sales of personal property produced (in whole or in part) by the taxpayer within
the Philippines and sold within a foreign country or produced (in whole or in part) by
the taxpayer within a foreign country and sold within the Philippines, and the term
"property" includes only the property held or used to produce income which is
derived from such sales. Such property should be taken at its actual value, which in
the case of property valued or appraised for purposes of inventory, depreciation,
depletion, or other purposes of taxation shall be the highest amount at which so
valued or appraised, and which in other cases shall be deemed to be its book value in
the absence of affirmative evidence showing such value to be greater or less than the
actual value. The average value during the taxable year or period shall be employed.
The average value of property as above prescribed at the beginning and end of the
taxable year or period ordinarily may be used, unless by reason of material changes
during the taxable year or period such average does not fairly represent the average
for such year or period, in which event the average shall be determined upon a
monthly or daily basis. Bills and accounts receivable shall (unless satisfactory reason
for a different treatment is shown) be assigned or allocated to the Philippines when
the debtor resides in the Philippines.

Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

85

CASE 3. Applications for permission to base the return upon the taxpayer's
books of account will be considered by the Commissioner of Internal Revenue in the
case of any taxpayer who, in good faith and unaffected by considerations of tax
liability, regularly employs in his books of account a detailed allocation of receipts
and expenditures which reflects more clearly than the processes or formulas herein
prescribed, the income derived from sources within the Philippines.
SECTION 163. Foreign steamship companies. The returns of foreign
steamship companies whose vessels touch ports of the Philippines should include as
gross income, the total receipts of all out-going business whether freight or
passengers. With the gross income thus ascertained, the ratio existing between it and
the gross income from all parts, both within and without the Philippines of all vessels,
whether touching ports of the Philippines or not, should be determined as the basis
upon which allowable deductions may be computed, the principle being that
allowable deductions shall be computed upon a basis which recognizes that the
income arising and accruing from business done if any from this country shall bear its
share, and no more, of expense, incident to the earning or creation of such income, in
the ratio that the gross income arising in and from this country bears to the entire
gross income arising from business done both within and without this country. In
other words, the net income of a foreign steamship company doing business in or
from this country is ascertained for the purpose of the income tax, by deducting from
the gross receipts from outgoing business such a portion of the aggregate expenses,
losses, etc., as such receipts bear to the aggregate receipts from all ports of all vessels,
including in each case incoming of a nonshipping character but incidental, to the
shipping business such as dividends from investments, interests on deposits, etc. For
example
Given
(a)
(b)
(c)
(d)
(e)

Copyright 2014

Gross receipts from outgoing freights and passengers


from P.I. ports
Gross receipts from outgoing freights and passengers
from all ports other than those of P. I
Interests and other nonshipping income received by P.I.
office
Interests, dividends, and other nonshipping income received
by all offices other than those in P.I.
Total expenses and deductions of the company as a whole,
including those incurred by P.I. office

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

P20,000
200,000
5,000
50,000
150,000

86

Computation of P.I. Net Income


(f)

P.I. Gross Income:


Freights and passengers
Interest and other income

P20,000
5,000

25,000

Total
P.I. expenses:

(g)

P.I. gross income

World's gross income

World's expenses, or

20,000 plus 5,000

200,000 plus 20,000 plus 50,000 plus 5,000

(h)

25,000
x
275,000
P.I. net income:

150,000, or

150,000 = 13,636

P.I. gross income less P.I. expenses, or


P25,000 less P13,636 = P11,364

SECTION 164. Telegraph and cable service. A foreign corporation


carrying on the business of transmission of telegraph or cable messages between
points in the Philippines and points outside the Philippines derives income partly from
sources within and partly from sources without the Philippines.
(1) GROSS INCOME. The gross income from sources within the
Philippines derived from such services shall be determined by adding (a) its gross
revenues derived from messages originating in the Philippines and (b) amounts
collected abroad on collect messages originating in the Philippines and deducting
from such sum amounts paid or accrued for transmission of messages beyond the
company's own circuit. Amounts received by the company in the Philippines with
respect to collect messages originating without the Philippines shall be excluded from
gross income.
(2) NET INCOME. In computing net income from sources within the
Philippines there shall be allowed as deductions from gross income determined in
accordance with paragraph (1): (a) all expenses incurred in the Philippines (not
including any general overhead expenses), incident to the carrying on of the business
in the Philippines; (b) all direct expenses incurred abroad in the transmission of
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

87

messages originating in the Philippines (not including any general overhead expenses
or maintenance, repairs, and depreciation of cable and not including any amount
already deducted in computing gross income); (c) depreciation of property (other than
cables) located in the Philippines and used in the trade or business therein; and (d) a
proportionate part of the general overhead expenses [not including any items incurred
abroad corresponding to those enumerated in (a), (b), and (c)], and of maintenance,
repairs, and depreciation of cables of the entire cable system of the enterprise based
on the ratio which the number of words originating in the Philippines bears to the total
words transmitted by the enterprise.
SECTION 165. Computation of income. If a taxpayer has gross income
from sources within or without the Philippines as defined by Section 37 (a) or (c)
together with gross income derived partly from sources within and partly from sources
without the Philippines, the amounts thereof, together with the expenses and
investment applicable thereto, shall be segregated, and the net income from sources
within the Philippines shall be separately computed therefrom.
TcHCIS

(Section 38 of the Code)


SECTION 166. General rule. The method of accounting regularly
employed by the taxpayer in keeping his books, if such method clearly reflects his
income is to be followed with respect to the time as of which items of gross income
and deductions are to be accounted for. If the taxpayer does not regularly employ a
method of accounting which clearly reflects his income, the computation shall be
made in such manner as in the opinion of the Commissioner of Internal Revenue
clearly reflects it. (See Section 137 of these regulations for computation of net
income, and Section 38 for bases of computation. For the use of inventories, see
Sections 144 to 151 of these regulations.)
SECTION 167. Methods of accounting. It is recognized that no uniform
method of accounting can be prescribed for all taxpayers, and the law contemplates
that each taxpayer shall adopt such forms and systems of accounting as are in his
judgment best suited to his purpose. Each taxpayer is required by law to make a return
of his true income. He must, therefore, maintain such accounting records as will
enable him to do so. Any approved standard method of accounting which reflects
taxpayer's income may be adopted. Among the essentials are the following:
(1) In all cases in which the production, purchase, or sale of merchandise of
any kind is an income producing factor, inventories of the merchandise on hand
(including finished goods, work in process, raw materials, and supplies) should be
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

88

taken at the beginning and end of the year and used in computing the net income of
the year in accordance with Sections 144 to 151 of these regulations;
(2) Expenditures made during the year should be properly classified as
between capital and income; that is to say, expenditures for items of plant, equipment,
etc., which have a useful life extending substantially beyond the year should be
charged to a capital account and not to an expense account; and
(3) In any case in which the cost of capital assets is being recovered through
deductions for wear and tear, depletion, or obsolescence, any expenditure (other than
ordinary repairs) made to restore the property or prolong its useful life should be
added to the property account or charged against the appropriate reserve and not to
current expenses.
SECTION 168. Changes in accounting methods. The true income,
computed under the law shall in all cases be entered in the return. If for any reason
the basis of reporting income subject to tax is changed, the taxpayer shall attach to his
return a separate statement setting forth for the taxable year and for the preceding year
the classes of items differently treated under the two systems, specifying in particular
all amounts duplicated or entirely omitted as the result of such change.
A taxpayer who changes the method of accounting employed in keeping his
book shall, before computing his income upon such new method for purposes of
taxation, secure the consent of the Commissioner of Internal Revenue. For the
purposes of this action, a change in the method of accounting employed in keeping
books means any change in the accounting treatment of items of income or
deductions, such as a change from cash receipts and disbursements method to the
accrual method, or vice versa; a change involving the basis of valuation employed in
the computation of inventories (see Sections 144 to 151 of these regulations); a
change from the cash or accrual method to the long-term contract method, or vice
versa; a change in the long-term contract method from the percentage of completion
basis to the completed contract basis or vice versa (see Section 44 of these
regulations); or a change involving the adoption of, or a change in the use of, any
other specialized basis of computing net income such as the crop basis. Application
for permission to change the method of accounting employed and the basis upon
which the return is made shall be filed within 90 days after the beginning of the
taxable year to be covered by the return. The application shall be accompanied by a
statement specifying all amounts which would be duplicated or entirely omitted as a
result of the proposed change. Permission to change the method of accounting will not
be granted unless the taxpayer and the Commissioner of Internal Revenue agree to the
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

89

terms and conditions under which the change will be effected.


SECTION 169. Accounting period. Income tax returns, whether for
individuals or for corporations, associations, or partnerships, are required to be made
and their income computed for each calendar year ending on December 31st of every
year. However, corporations, associations, or partnerships may with the approval of
the Commissioner of Internal Revenue first secured, file their returns and compute
their income on the basis of a fiscal year which means an accounting period of twelve
months ending on the last day of any month other than December. But in no instance
shall individual taxpayers be authorized to establish a fiscal year as basis for filing
their returns and computing their income. (For authority to file on fiscal year basis see
Section 172 of these regulations.)
(Section 39 of the Code)
SECTION 170. When included in gross income. Except as otherwise
provided in Section 39 in the case of the death of a taxpayer, gains, profits, and
income are to be included in the gross income for the taxable year in which they are
received by the taxpayer, unless they are included as of a different period in
accordance with the approved method of accounting followed by him. If a taxpayer
has died there shall also be included in computing net income for the taxable period in
which he died amounts accrued up to the date of his death if not otherwise properly
includible in respect of such period or a prior period, regardless of the fact that the
decedent may have kept his books and made his returns on the basis of cash receipts
and disbursements.
(For income not reduced to possession but considered as constructively
received and for examples of constructive receipt, see Sections 52 and 53 of these
regulations. For the treatment of income from long-term contracts, see Section 44 of
these regulations.)
(Section 40 of the Code)
SECTION 171. "Paid or incurred" and "paid or accrued". (a) The terms
"paid or incurred" and "paid or accrued" will be construed according to the method of
accounting upon the basis of which the net income is computed by the taxpayer. The
deductions and credits must be taken for the taxable year in which "paid or accrued"
or "paid or incurred", unless in order clearly to reflect the income such deductions or
credits should be taken as of a different period. If a taxpayer desires to claim a
deduction or a credit as of a period other than the period in which it was "paid or
accrued" or "paid or incurred", he shall attach to his return a statement setting forth
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

90

his request for consideration of the case by the Commissioner of Internal Revenue
together with a complete statement of the facts upon which he relies. However, in his
income tax return he shall take the deduction or credit only for the taxable period in
which it was actually "paid or incurred", or "paid or accrued", as the case may be.
Upon the audit of the return, the Commissioner of Internal Revenue will decide
whether the case is within the exception provided by the law, and the taxpayer will be
advised as to the period for which the deduction or credit is properly allowable.
(b) The provisions of paragraph (a) of this section in general are not
applicable with respect to the taxable period during which the taxpayer dies. In such
case there shall also be allowed as deductions and credits for such taxable period
amounts accrued up to the date of his death if not otherwise allowable with respect to
such period or a prior period, regardless of the fact that the decedent was required to
keep his books and make his returns on the basis of cash receipts and disbursements.
(See also Section 76 of these regulations.)
(Section 41 of the Code)
SECTION 172. Change of accounting period. If a corporation, including
a duly registered general co-partnership, desires to change its accounting period from
fiscal year to calendar year or from calendar year to fiscal year, or from one fiscal
year to another, it shall at any time not less than thirty days prior to the date fixed in
Section 46(b) of the Code for the filing of its return on the basis of its original
accounting period submit a written application to the Commissioner of Internal
Revenue designating the proposed date for the closing of its new taxable year,
together with a statement of the date on which the books of account were opened and
closed each year for the past three years, the date on which the taxable year began and
ended as shown on the returns filed for the past three years, and the reasons why the
change in accounting period is desired. (See also Section 46(d) of the Code.)
(Section 42 of the Code)
SECTION 173. Returns for periods of less than twelve months. No return
can be made for a period of more than twelve months. A separate return for a
fractional part of a year is therefore required whenever there is a change, with the
approval of the Commissioner of Internal Revenue, in the basis of computing net
income from one taxable year to another taxable year. The periods to be covered by
such separate returns in the several cases are stated in Section 42(a). The requirements
with respect to the filing of a separate return and the payment of tax for a part of a
year are the same as for the filing of a return and the payment of tax for a full taxable
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

91

year closing at the same time.

DAETcC

(Section 43 of the Code)


SECTION 174. Sale of personal property on installment plan. Dealers in
personal property ordinarily sell either for cash or on the personal credit of the
purchaser or on the installment plan. Dealers who sell on the installment plan usually
adopt one of four ways of protecting themselves in case of default
(a) By an agreement that title is to remain in the vendor until the purchaser
has completely performed his part of the transaction;
(b) By a form of contract in which title is conveyed to the purchaser
immediately, but subject to a lien for the unpaid portion of the selling price;
(c) By a present transfer of title to the purchaser, who at the same time
executes a reconveyance in the form of a chattel mortgage to the vendor; or
(d) By conveyance to a trustee pending performance of the contract and
subject to its provisions.
The general purpose and effect being the same in all of these cases, the same
rule is uniformly applicable. The general rule prescribed is that a person who
regularly sells or otherwise disposes of personal property on the installment plan,
whether or not title remains in the vendor until the property is fully paid for, may
return as income therefrom in any taxable year that proportion of the installment
payments actually received in that year which the total or gross profit (that is, sales
less cost of goods sold) realized or to be realized when the property is paid for, bears
to the total contract price. Thus the income of a dealer in personal property on the
installment plan may be ascertained by taking as income that proportion of the total
payments received in the taxable year from installment sales (such payments being
allocated to the year against the sales of which they apply) which the total or gross
profit realized or to be realized on the total installment sales made during each year
bears to the total contract price of all such sales made during that respective year. No
payments received in the taxable year shall be excluded in computing the amount of
income to be returned on the ground that they were received under a sale the total
profit from which was returned as income during a taxable year or years prior to the
change by the taxpayer to the installment basis of returning income. Deductible items
are not to be allocated to the years in which the profits from the sales of a particular
year are to be returned as income, but must be deducted for the taxable year in which
the items are "paid or incurred" or "paid or accrued", as provided by Section 40 and
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

92

84(q) of the Code. A dealer who desires to compute his income on the installment
basis shall maintain books of account in such a manner as to enable an accurate
computation to be made on such basis in accordance with the provisions of this
section.
The income from a casual sale or other casual disposition of personal property
(other than property of a kind which should properly be included in inventory) may be
reported on the installment basis only if (1) the sale price exceeds P1,000 and (2) the
initial payments do not exceed 25 per cent of the selling price.
If for any reason the purchaser defaults in any of his payments, and the vendor
returning income on the installment basis repossesses the property sold whether title
thereto had been retained by the vendor or transferred to the purchaser, gain or loss
for the year in which the repossession occurs is to be computed upon any installment
obligations of the purchaser which are satisfied or discharged upon the repossession
or are applied by the vendor to the purchase or bid price of the property. Such gain or
loss is to be measured by the difference between the fair market value of the property
repossessed and the basis in the hands of the vendor of the obligations of the
purchaser which are so satisfied, discharged, or applied, with proper adjustment for
any other amounts realized or costs incurred in connection with the repossession. The
basis in the hands of the vendor of the obligations of the purchaser satisfied,
discharged, or applied upon the repossession of the property shall be the excess of the
face value of such obligations over an amount equal to the income which would be
returnable were the obligations paid in full. No deduction for a bad debt shall in any
case be taken on account of any portion of the obligations of the purchaser which are
treated by the vendor as not having been satisfied, discharged, or applied upon the
repossession, unless it is clearly shown that after the property was repossessed the
purchaser remained liable for such portion; and in no event shall the amount of the
deduction exceed the basis in the hands of the vendor of the portion of the obligations
with respect to which the purchaser remained liable after the repossession. If the
property repossessed is bid in by the vendor at a lawful public auction or judicial sale,
the fair market value of the property shall be presumed to be the purchase or bid price
thereof in the absence of clear and convincing proof to the contrary. The property
repossessed shall be carried on the books of the vendor at its fair market value at the
time of the repossession.
If the vendor chooses as a matter of consistent practice to return the income
from installment sales on the straight accrual or cash receipts and disbursement basis,
such a course is permissible.
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

93

SECTION 175. Sale of real property involving deferred payments. Under


Section 43 deferred-payment sales of real property include (a) agreements to purchase
and sale which contemplate that a conveyance is not to be made at the outset, but only
after all or a substantial portion of the selling price has been paid, and (b) sales in
which there is an immediate transfer of title, the vendor being protected by a mortgage
or other lien as to deferred payments. Such sales either under (a) or (b), fall into two
classes when considered with respect to the terms of sale, as follows:
(1) Sales of property on the installment plan, that is, sales in which the
payments received in cash or property other than evidences of indebtedness of the
purchaser during the taxable year in which the sale is made do not exceed 25 per cent
of the selling price.
(2) Deferred-payment sales not on the installment plan, that is sales in which
the payments received in cash or property other than evidences of indebtedness of the
purchaser during the taxable year in which the sale is made exceed 25 per cent of the
selling price.
In the sale of mortgaged property the amount of the mortgage, whether the
property is merely taken subject to the mortgage or whether the mortgage is assumed
by the purchaser, shall be included as a part of the "selling price" but the amount of
the mortgage, to the extent that it does not exceed the basis to the vendor of the
property sold, shall not be considered as a part of the "initial payments" or of the
"total contract price", as those terms are used in Section 43 of the Code, in Sections
174 and 176 of these regulations, and in this section. The term "initial payments" does
not include amounts received by the vendor in the year of sale from the disposition to
a third person of notes given by the vendee as part of the purchase price which are
due and payable in subsequent years. Commissions and other selling expenses paid or
incurred by the vendor are not to be deducted or taken into account in determining the
amount of the "initial payments," the "total contract price", or "the selling price". The
term "initial payments" contemplates at least one other payment in addition to the
initial payment. If the entire purchase price is to be paid in a lump sum in a later year,
there being no payment during the first year, the income may not be returned on the
installment basis. Income may not be returned on the installment basis where no
payment in cash or property, other than evidences of indebtedness of the purchaser, is
received during the first year, the purchaser having promised to make two or more
payments, in later years.
SECTION 176. Sale of real property on installment plan. In transactions
included in class (1) in the preceding section the vendor may return as income from
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

94

such transactions in any taxable year that proportion of the installment payments
actually received in that year which the total profit realized or to be realized when the
property is paid for bears to the total contract price.
DAaHET

If the purchaser defaults in any of his payments, and the vendor returning
income on the installment basis reacquires the property sold, whether title thereto had
been retained by the vendor or transferred to the purchaser, gain or loss for the year in
which the reacquisition occurs is to be computed upon any installment obligations of
the purchaser which are satisfied or discharged upon the reacquisition or are applied
by the vendor to the purchase or bid price of the property. Such gain or loss is to be
measured by the difference between the fair market value of the property acquired
(including the fair market value of any fixed improvements placed on the property by
the purchaser) and the basis in the hands of the vendor of the obligations of the
purchaser which are so satisfied, discharged, or applied, with proper adjustment for
any other amounts realized or costs incurred in connection with the reacquisition. The
basis in the hands of the vendor of the obligations of the purchaser satisfied,
discharged, or applied upon the reacquisition of the property will be the excess of the
face value of such obligations over an amount equal to the income which would be
returnable were the obligations paid in full. No deduction for a bad debt shall in any
case be taken on account of any portion of the obligations of the purchaser which are
treated by the vendor as not having been satisfied, discharged, or applied upon the
reacquisition of the property, unless it is clearly shown that after the property was
reacquired the purchaser remained liable for such portion; and in no event shall the
amount of the deduction exceed the basis in the hands of the vendor of the portion of
the obligations with respect to which the purchaser remained liable after the
acquisition. If the property reacquired is bid in by the vendor at a foreclosure sale, the
fair market value of the property shall be presumed to be the purchase or bid price
thereof in the absence of clear and convincing proof to the contrary. If the property
reacquired is subsequently sold, the basis for determining gain or loss is the fair
market value of the property at the date of reacquisition (including the fair market
value of any fixed improvements placed on the property by the purchaser).
If the vendor chooses as a matter of consistent practice to turn the income from
installment sales on the straight accrual or cash receipts and disbursements basis, such
a course is permissible, and the sales will be treated as deferred-payment sales not on
the installment plan.
SECTION 177. Deferred-payment sale of real property not on installment
plan. In transactions included in class (2) in Section 175 of these regulations, the
obligations of the purchaser received by the vendor are to be considered as the
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

95

equivalent of cash.
If the vendor has retained title to the property and the purchaser defaults in any
of his payments, and the vendor repossesses the property, the difference between (1)
the entire amount of the payments actually received on the contract and retained by
the vendor plus the fair-market value at the time of repossession of fixed
improvements placed on the property by the purchaser and (2) the sum of the profits
previously returned as income in connection therewith and an amount representing
what would have been a proper adjustment for exhaustion, wear and tear,
obsolescence, amortization, and depletion of the property during the period the
property was in the hands of the purchaser had the sale not been made will constitute
gain or loss, as the case may be to the vendor for the year in which the property is
repossessed, and the basis of the property in the hands of the vendor will be the
original basis at the time of the sale plus the fair market value at the time of
repossession, of fixed improvements placed on the property by the purchaser. If the
vendor has previously transferred title to the purchaser, and the purchaser defaults in
any of his payments and the vendor reacquired the property, such reacquisition shall
be regarded as a transfer by the vendor, in exchange for the property for such of the
purchaser's obligations as are applied by the vendor to the purchase or bid price of
the property. Such an exchange will be regarded as having resulted in the realization
by the vendor of gain or loss, as the case may be for the year of reacquisition,
measured by the difference between the fair market value of the property including
fixed improvements placed by the purchaser on the property, and the amount of the
obligations of the purchaser which were applied by the vendor to the purchase or bid
price of the property. The fair market value of the property reacquired shall be
presumed to be the amount for which it is bid in by the vendor in the absence of clear
and convincing proof to the contrary. If the property reacquired is subsequently sold
the basis for determining gain or loss is the fair market value of the property at the
date of reacquisition including the fair market value of the fixed improvements placed
on the property by the purchaser.
SECTION 178. Sale of real estate in lots. Where a tract of land is
purchased with a view to dividing it into lots or parcels of ground to be sold as such,
the entire fair market value as of March 1, 1913, or the cost, if acquired subsequently
to that date, shall be equitably apportioned to the several lots or parcels and made a
matter of record on the books of the taxpayer, to the end that any gain derived from
the sale of any such lots or parcels may be returned as income for the year in which
the sale was made. This rule contemplates that there will be a measure of gain or loss
on every lot or parcel sold, and not that the capital invested in the entire tract shall be
extinguished before any taxable income shall be returned. The sale of each lot or
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

96

parcel will be treated as a separate transaction and the gain or loss will be accounted
for accordingly.
SECTION 178(a). In all cases where a taxpayer sells during the year real or
personal property on the installment basis, there should be attached to the income tax
return a statement of each sale made during the year containing the following
information:
(a) Name of buyer
(b) Address of buyer
(c) Date of sale
(d) Selling price
(e) Payments received during the year corresponding to each sale.
(This new section has been inserted in Revenue Regulations No. 2 by Revenue
Regulations No. 8-65 dated June 1, 1965. Took effect upon their promulgation in the
Official Gazette on September 27, 1965).
(Section 44 of the Code)
SECTION 179. Determination of the taxable net income of a controlled
taxpayer. (A) DEFINITIONS. When used in this section
(1) The term "organization" includes any organization of any kind, whether it
be a sole proprietorship, a partnership, a trust, an estate, or a corporation or
association, irrespective of the place where organized, where operated, or where its
trade or business is conducted, and regardless of whether domestic or foreign,
whether exempt or taxable, or whether affiliated or not.
(2) The terms "trade" or "business" include any trade or business activity of
any kind, regardless of whether or where organized, whether owned individually or
otherwise, and regardless of the place where carried on.
(3) The term "controlled" includes any kind of control, direct or indirect,
whether legally enforceable, and however exercisable or exercised. It is the reality of
the control which is decisive, not its form or the mode of its exercise. A presumption
of control arises if income or deductions have been arbitrarily shifted.
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

97

(4) The term "controlled taxpayer" means any one of two or more
organizations, trades, or businesses owned or controlled directly or indirectly by the
same interests.
aCHDST

(5) The terms "group" and "group of controlled taxpayers" mean the
organizations, trades, or businesses owned or controlled by the same interests.
(6) The term "true net income" means, in the case of a controlled taxpayer,
the net income (or, as the case may be, any item or element affecting net income)
which would have resulted to the controlled taxpayer, had it in the conduct of its
affairs (or, as the case may be, in the particular contract, transaction, arrangement, or
other act) dealt with the other member or members of the group at arm's length. It
does not mean the income, the deductions, or the item or element of either, resulting
to the controlled taxpayer by reason of the particular contract, transaction, or
arrangement, the controlled taxpayer, or the interests controlling it, chose to make
(even though such contract, transaction, or arrangement be legally binding upon the
parties thereto).
(b) SCOPE AND PURPOSE. The purpose of Section 44 is to place a
controlled taxpayer on a tax parity with an uncontrolled taxpayer, by determining,
according to the standard of an uncontrolled taxpayer, the true net income from the
property and business of a controlled taxpayer. The interests controlling a group of
controlled taxpayers are assumed to have complete power to cause each controlled
taxpayer so to conduct its affairs that its transactions and accounting record truly
reflect the net income from the property and business of each of the controlled
taxpayers. If, however, this has not been done, and the taxable net incomes are
thereby understated, the statute contemplates that the Commissioner of Internal
Revenue shall intervene, and, by making such distributions, apportionments, or
allocations as he may deem necessary of gross income or deductions, or of any item
or element affecting net income, between/or among the controlled taxpayers
constituting the group, shall determine the true net income of each controlled taxpayer
dealing at arm's length with another uncontrolled taxpayer. The standard to be applied
in every case is that of an uncontrolled taxpayer. Section 44 grants no right to a
controlled taxpayer to apply its provisions at will, nor does it grant any right to
compel the Commissioner of Internal Revenue to apply such provisions.
(c) APPLICATION. Transactions between the controlled taxpayer and
another will be subjected to special scrutiny to ascertain whether the common control
is being used to reduce, avoid, or escape taxes. In determining the true net income of a
controlled taxpayer, the Commissioner of Internal Revenue is not restricted to the
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

98

case of improper accounting, to the case of a fraudulent, colorable, or sham


transaction, or to the case of a device designed to reduce or avoid tax by shifting or
distorting income or deductions. The authority to determine true net income extends
to any case in which either by inadvertence or design the taxable net income in whole
or in part, of a controlled taxpayer, is other than it would have been had the taxpayer
in the conduct of his affairs been an uncontrolled taxpayer dealing at arm's length
with another uncontrolled taxpayer.
(Section 45 of the Code)
SECTION 180. Individual returns. Returns, in duplicate, are required of:
(a) Every citizen or resident alien having a gross income of P1,800 or more for the
taxable year; (b) every non-resident alien having income from sources within the
Philippines irrespective of amount; and (c) guardians, trustees, executors,
administrators, receivers, conservators, and all others acting in any fiduciary capacity,
when, for the taxable year, the gross income of the person, trust, or estate for whom
or which they act reaches P1,800. (See Section 214 of these regulations.)
For each calendar year, every person whether married or single, having a gross
income from all sources of P1,800 or over, including dividends, excepting stock
dividends, must make a return of income although the tax has been paid at source and
the return shows no tax liability. Whether or not an individual is the head of a family
or has dependents is immaterial in determining his liability to render a return. The
husband shall include in his return the income derived not only from his services,
labor, or industry or the income derived from the conjugal partnership but also the
income of the wife derived from her industry or labor as well as that derived from her
separate, data, or paraphernal property. Where, however, the filing of one
consolidated return is impracticable, married persons may file separate returns but the
incomes declared in such returns will be consolidated and the tax computed on such
consolidated income.
The law requires that the income of unmarried minors derived from property
received from a living parent shall be included in the return of the parent, except (1)
when the gift tax imposed under Chapter II of Title III of the Code has been paid on
such property, or (2) where the transfer of such property is exempt from the gift tax.
A signature affixed to a return is presumed to be genuine.
SECTION 181. When and where to file individual returns. The return
must be filed with the Commissioner of Internal Revenue, provincial revenue agent,
or treasurer of the province, city or municipality in which the taxpayer has his legal
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

99

residence or principal place of business, on or before April 15th of the year following
that for which the return is filed.
When the last due date for filing return falls on Sunday or a legal holiday, the
last due date will be held to be the day following such Sunday or legal holiday, or if
placed on the mails, it should be posted in ample time to reach the Commissioner of
Internal Revenue, provincial revenue agent or treasurer of the province, city, or
municipality in which the taxpayer has his legal residence or principal place of
business, under ordinary handling of mail, on or before the date on which the return is
required to be filed. When question is raised as to whether or not the return was
posted in ample time to reach the proper official, the envelope in which the return was
transmitted and the return should be submitted to the Commissioner of Internal
Revenue with such comment and recommendation as the receiving officer may
consider proper to make.
aHSCcE

SECTION 182. Persons under disability. If the taxpayer is unable to


make his own return, on account of minority, illness, absence or non-residence, the
return may be made by his duly authorized agent or representative or by the guardian
or other person charged with the care of his person or property, the principal and his
representative or guardian assuming the responsibility of making the return and
incurring penalties provided for erroneous, false, or fraudulent returns.
SECTION 183. Form of return. Individual returns shall be prepared on
B.I.R. Form No. 17.01. The forms may be had from the office of the Commissioner of
Internal Revenue in Manila, or in the office of the provincial treasurers or their
deputies.
A taxpayer will not be excused from making a return by the fact that no return
form has been furnished him. Taxpayers not supplied with the proper forms should
make application therefor to the Commissioner of Internal Revenue or to the
provincial treasurers, or their deputies in ample time to have their returns prepared,
verified, and filed with the proper official on or before the due date. Each taxpayer
should carefully prepare his return so as to fully and clearly set forth the data therein
called for. Imperfect or incorrect returns will not be accepted as meeting the
requirements of the statute. (There are now BIR Provincial Revenue Officers.)
(Section 46 of the Code)
SECTION 184. Corporation returns. Corporations are required to make
returns of income in duplicate, regardless of the amount of their net income.
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

100

A corporation claiming exemption from tax and from the filing of returns must
establish its right to exemption in accordance with the procedure set forth in Section
24 of these regulations, otherwise it will be amenable to the penalties for failure to file
returns.
In the case of ordinary corporations, partnerships, and joint accounts (cuentas
en participacion), the return shall be on the form prescribed for corporations (B.I.R
Form No. 17.02), and the returns of insurance companies, on the prescribed form
(B.I.R. Form No. 17.03). A corporation having an existence during any portion of a
taxable year is required to make a return. A corporation which has received a charter,
but has never perfected its organization, and which has transacted no business and had
no income from any source, may upon presentation of the facts to the Commissioner
of Internal Revenue be relieved from the necessity of making a return so long as it
remains in an unorganized condition. In the absence of a proper showing to the
Commissioner of Internal Revenue such corporation must file the necessary return.
A corporation desiring to change its accounting period from calendar year to
fiscal year must comply with the procedure set forth in Section 172 of these
regulations relative to the change in accounting period of corporations.
SECTION 185. Returns of insurance companies. Insurance companies
transacting business in the Philippines or deriving income from sources therein are
required to file returns of income. The return shall be made on the prescribed form
(B.I.R. Form No. 17.03).
SECTION 186. Returns of foreign corporations. Every foreign
corporation having income from sources within the Philippines must make a return of
income on the form prescribed for corporation (B.I.R. Form No. 17.02). If such a
corporation has no office or place of business in this country, but has a resident agent
therein, the latter shall make the return. Although the foreign corporation is not
engaged in business in this country and has no office, branch, or agency in the
Philippines, it is required to make a return if it has received income from sources
within the Philippines.
SECTION 187. Time and place for filing corporate returns. Returns of
corporations, associations, or partnerships must be filed on or before the fifteenth day
of April in each year or on or before the 15th day of the fourth month following the
close of a duly designated fiscal year. The return, if placed in the mails, should be
posted in ample time to reach the Commissioner of Internal Revenue, provincial,
revenue agent, or treasurer of the province, city or municipality in which is located
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

101

the principal office of the corporation where its books of account and other data are
kept, on or before the last due date for the filing of the return. When the last due date
falls on Sunday or a legal holiday, the returns may be filed without penalty on the
next succeeding business day. (Conforms with Am. by R.A. 2343.)
(Section 47 of the Code)
SECTION 188. Extension of time for filing returns. The Commissioner
of Internal Revenue may, in meritorious cases, grant a reasonable extension of time
for filing returns of income. Requests for such extension of time must be submitted
before the last day of the period for filing returns. Absence or sickness is considered
as reasonable cause, whereas, inability to close the books or to gather information
required due to various circumstances will be subject to careful investigations before
the request for extension is favorably considered.
DEScaT

(Section 48 of the Code)


SECTION 189. Returns by receiver. Receivers, trustees in dissolution,
trustees in bankruptcy, and assignees, operating the property or business of
corporations, partnerships, or associations must make returns of income for such
corporations, partnerships or associations covering each year or part of the year
during which they are in control. Notwithstanding that the powers and functions of a
corporation are suspended and that the property and business are for the time being in
the custody of the receiver, trustee, or assignee, subject to the order of the court, such
receiver, trustee, or assignee stands in the place of the corporate officers and is
required to perform all the duties and assume all the liabilities which would devolve
upon the officers of the corporation were they in control. A receiver in charge of only
part of the property of a corporation, however, as a receiver in mortgage foreclosure
proceedings involving merely a small portion of its property, need not make a return
of income.
(Section 49 of the Code)
SECTION 190. Returns of duly registered general co-partnerships. Duly
registered general copartnerships are required to render, in duplicate, a return of their
earnings, profits and income, setting forth the items of the gross income and the
deductions allowable, and the names and addresses of the individuals who would be
entitled to the net earnings, profits, and income, if distributed. (See sections 22 and 23
of these regulations.)

Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

102

(Section 50 of the Code)


SECTION 191. Verification of returns. All income tax returns must be
verified by the oath or affirmation of the person rendering them. Oath may be taken
before any officer authorized to administer oaths or if desired, before the
Commissioner of Internal Revenue or any internal-revenue officer especially
deputized by him or authorized by law to administer oaths, free of charge.
SECTION 192. Discovery of understatement of income. If the amount of
income declared in a return has been found to be understated, the Commissioner of
Internal Revenue or any internal-revenue officer shall notify the taxpayer of such fact,
and the taxpayer may, if he so desires, under a sworn statement, present testimony to
the contrary and disprove the findings made.
(Section 51 of the Code)
SECTION 193. Assessment of tax. All income tax returns filed with the
provincial revenue agents or with the treasurers of provinces, cities, or municipalities
must be stamped with the date of their receipt and immediately forwarded to the
Commissioner of Internal Revenue. All assessments of income tax shall be made by
the Commissioner of Internal Revenue and all taxpayers shall be notified of the
amount for which they are respectively liable on or before the first day of May of
each successive year. In the case of a corporation filing returns on the basis of a fiscal
year, it shall be notified of the amount for which it is liable on or before the first day
of the fifth month following the close of its fiscal year. (See changes made by R.A.
2343, effv. June 20, 1959, introducing here self assessment.)
SECTION 194. Payment of tax. The total amount of tax assessed shall be
paid on or before the fifteenth day of April following the close of the calendar year by
the person subject to tax, and in the case of a corporation, by the president,
vice-president, or other responsible officer thereof. In the case of corporations filing
returns on the basis of a fiscal year, the total amount of tax shall be paid on or before
the fifteenth day of the fourth month following the close of the fiscal year. (Conforms
with amendments by R.A. 2343, effv. June 20, 1959.)
Where the tax assessed against the taxpayer is in excess of P500, the taxpayer
may elect to pay the tax in two equal installments. The first installment shall be paid
on or before the date prescribed in section 51 (a) and the second installment on or
before the fifteenth day of July following the close of the calendar year or on or
before the fifteenth day of the seventh month following the close of the fiscal year, as
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

103

the case may be. Upon failure to pay any installment on the date fixed for its payment,
the whole amount of the tax unpaid becomes due and payable, together with the
delinquency penalties. (Conforms with amendments by R.A. 2343, effv. June 20,
1959.)
SECTION 195. Commissioner's authority to make returns. In cases
wherein taxpayers have neglected or refused to make return, and in cases wherein
returns are found, upon examination or otherwise, to be erroneous, false, or
fraudulent, the Commissioner of Internal Revenue shall upon discovery thereof, make
a return upon the best evidence obtainable, and the tax so discovered to be due,
together with the penalties prescribed, shall be assessed and the amount thereof shall
be paid immediately upon notice and demand.
aIcHSC

SECTION 196. Surcharge and interest in case of delinquency. Upon


failure to pay any tax or installment thereof, of any deficiency tax, when the same is
due, a penalty of 5 per cent of the amount of tax unpaid, and interest at the rate of 1
per cent per month upon the said tax from the time the same became due until paid,
shall be added to the amount of such tax. (See Sec. 51(b) to (e) as amended by R.A.
2343, effv. June 20, 1959.)
(Section 52 of the Code)
SECTION 197. Receipts for income tax payments. It shall be the duty of
the collecting officer to acknowledge the receipt of the payment of income tax due
from each taxpayer by issuing the requisite Revenue Official Receipt (B.I.R. Form
No. 25.24).
(Section 53 of the Code)
SECTION 198. Withholding tax at source. Withholding is required (a) of
a tax of 20 per centum in the case of fixed or determinable annual or periodical
income, including dividends or net gains or net profits received from corporations,
partnerships or associations, payable to non-resident alien individuals not engaged in
trade or business and not having an office or place of business in the Philippines; and
(b) of a tax of 20 per centum in the case of interest upon bonds, obligations or
securities issued by domestic or resident foreign corporations, containing a so-called
tax-free covenant clause, payable either to citizens or aliens, residents or
non-residents, where the owner of such interest income does not file with the
withholding agent a signed notice on B.I.R. Form No. 17.13 claiming the benefit of
personal exemption. Subject to the exception just mentioned, withholding taxes takes
place in all cases of payments of interest upon tax-free covenant bonds or other
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

104

securities regardless of the place where such bonds or securities are issued or
marketed and the interest thereupon paid. Bonds issued under a trust deed containing
a tax-free covenant are treated as if they contain such a covenant.
SECTION 199. Fixed or determinable annual or periodical income.
Only fixed or determinable annual or periodical income is subject to withholding. The
statute specifically includes in such income, interests, dividends, rents, salaries,
wages, premiums, annuities, compensations, remunerations, and emoluments, but
other kinds of income may be included, as for instance, royalties.
Income is fixed when it is to be paid in amounts definitely pre-determined. On
the other hand, it is determinable whenever there is a basis of calculation by which the
amount to be paid may be ascertained.
The income need not be paid annually if it is paid periodically; that is to say,
from time to time, whether or not at regular intervals. That the length of time during
which the payments are to be made may be increased or diminished in accordance
with some one's will or with the happening of an event does not make the payments
any the less determinable or periodical. A salesman working by the month for a
commission on sales which is paid or credited monthly receives determinable
periodical income. The income derived from the sale in the Philippines of property
whether real or personal, is not fixed or determinable annual or periodical income.
Dividends from every domestic corporation are subject to the withholding
provisions of the law. Dividends from a foreign corporation are subject to withholding
if (1) such foreign corporation is engaged in trade or business within the Philippines
or has an office or place of business therein, and (2) more than 85 per cent of its gross
income for the three-year period ending with the close of its taxable year preceding
the declaration of such dividends (or for such part of such period as the corporation
has been in existence) was derived from sources within the Philippines. In case the
owners of any securities are not known to the withholding agent, the latter should
deduct and withhold a tax of 20 per cent on the interest on such securities.
SECTION 200. Payments to non-resident alien individuals. The law
requires withholding of the tax on income payable to a non-resident alien individual
not engaged in trade or business in the Philippines and not having an office or place
of business therein. A non-resident alien individual is presumed not to be engaged in
trade or business in the Philippines and not to have an office or place of business
therein, unless the withholding agent has definite knowledge that such resident is
engaged in trade or business in the Philippines and of the name and address of his
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

105

resident agent in this country, or unless the withholding agent definitely knows that
such non-resident has an office or place of business in the Philippines and of the
location of such office or place of business. An individual whose address is without
the Philippines is presumed to be a non-resident alien, unless the withholding agent
has definite knowledge that such person is either a citizen or a resident of the
Philippines. An individual whose address is within the Philippines, may be presumed
to be a resident of the Philippines, unless the withholding agent has reason to believe
that such individual, not being a citizen of the Philippines, has not established
residence in this country.
In case of doubt, a withholding agent may always protect himself by
withholding the tax due, and promptly causing a query to be addressed to the
Commissioner of Internal Revenue for the determination of whether or not the income
paid to an individual is not subject to withholding. In case the Commissioner of
Internal Revenue decides that the income paid to an individual is not subject to
withholding the withholding agent may thereupon remit the amount of tax withheld.
SECTION 201. Exception from withholding. Withholding of a tax on
interests upon bonds or other obligations containing a tax-free covenant clause shall
not be required in the case of a citizen or resident alien individual if he files with the
withholding agent when presenting interest coupons for payment, not later than
February 1 following the taxable year, an ownership and exemption certificate on the
requisite form (B.I.R. Form No. 17.13) claiming a personal exemption or credits for
dependents. The withholding agent shall forward such certificate to the Commissioner
of Internal Revenue with a letter of transmittal. The income of domestic and resident
foreign corporations is free from withholding.
SECTION 202. Ownership certificates for interest coupons. The owners,
except domestic and resident foreign corporations, of bonds or other obligations
containing a tax-free covenants clause, issued by a domestic or resident foreign
corporation, when presenting interest coupons for payment, shall file a certificate of
ownership on B.I.R. Form No. 17.13, for each issue of bonds, showing the name and
address of the debtor corporation, the name and address of the owner of the bonds, the
nature of the obligations, the amount of interest and its due date, and the amount of
any tax withheld. In the case of corporate bonds or similar obligations not containing
a tax-free covenant clause, no ownership certificates are required. But ownership
certificates are required in the case of such bonds if the owner is unknown to the
withholding agent. Ownership certificates need not be filed in the case of interest
payments on bond or similar obligations of the United States or of the Government of
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

106

the Philippines or of any political subdivision thereof.


Where in connection with the sale of its property payment of the bonds or
other obligations of a corporation is assumed by the assignee, such assignee, whether
an individual, partnership, corporation, province, city or municipality, must deduct
and withhold such taxes as would have been required to be withheld by the assignor
had not such sales and transfer been made.
SECTION 203. Return and payment of tax withheld. (a) Every
withholding agent shall make an annual return in duplicate, on B.I.R. Form No. 17.43
of the tax withheld from interest on corporate bonds or other obligations on or before
the 15th day of April of each year for the preceding calendar year. (b) Every person
required to deduct and withhold any tax from income other than such bond interest
shall make an annual return thereon, in duplicate, on B.I.R. Form No. 17.43 on or
before April 15 of each year for each non-resident alien individual not engaged in
trade or business within the Philippines and not having any office or place of business
therein, to whom income other than bond interest was paid during the previous
taxable year. The entire amount of the income from which the tax was withheld shall
be included in gross income without deduction for such payment of the tax.
(Conforms with amendments by R.A. 2343, effv. June 20, 1959.)
The tax due on withholding income tax returns are payable at the same time
and in the same manner as taxes due on individual returns.
SECTION 204. Income of recipient. Income upon which the tax is
required to be withheld at source shall nevertheless be included in the return of the
recipient of such income. However, the amount of tax withheld shall be credited
against the amount of income tax due on such return, and the amount, if any, by
which the tax withheld at source exceeds the tax due on the return shall be refunded
in accordance with the provisions of Section 309 of the Code.
TaCSAD

(Section 54 of the Code)


SECTION 205. Withholding of tax on income of nonresident foreign
corporations, firms, etc. All persons, corporations, partnerships, and associations,
having the control, receipt, custody, disposal, or payment of interest, dividends, rents,
salaries, wages, premiums, annuities, compensations, remunerations, emoluments, or
other fixed or determinable annual or periodical gains, profits, and income received or
obtained from sources within the Philippines by a non-resident alien firm,
copartnership, corporation, association, trust company, trustee, and insurance
company, not engaged in business or trade within the Philippines and not having an
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

107

office or place of business therein, are required to withhold a tax of 30 per cent
thereon, file the requisite withholding return on the prescribed form (B.I.R. Form No.
17.43), and pay the tax withheld, in accordance with the provisions of sections 198 to
204 of these regulations. The withholding provisions of the law are likewise
applicable to the income derived from interest upon bonds, mortgages, or deeds of
trust, or other interest-bearing obligations of a domestic or resident foreign
corporation, firm or association, whether or not the bonds and other such obligations,
or securities contain the so-called tax-free covenant clause, and regardless of the place
where such bonds, obligations, or securities are issued, negotiated, or marketed and
the interest thereon paid, in case where such interest-income is received or obtained
by, or paid to, a non-resident alien firm, corporation, association, trust company, or
trustee, not engaged in business or trade within the Philippines and not having an
office or place of business therein. (Conforms with amendments by R.A. 2343, effv.
June 20, 1959.)
A foreign corporation is presumed not to be engaged in trade or business
within the Philippines and not to have office or place of business therein, unless the
withholding agent has definite knowledge that such foreign corporation is in fact
engaged in trade or business in the Philippines and of the name and address of its
resident agent, or unless the withholding agent has definite knowledge that such
foreign corporation has a branch office or business in this country and of the location
of such branch office or place of business.
(Section 55 of the Code)
SECTION 206. Income tax not otherwise collectible from taxpayer
chargeable to his representative. It is the intent and purpose of the law to charge
and collect income tax imposed under Title II of the Code on all gains, profits, and
income of a taxable class, and the tax is required to be paid by the owner of such
gains, profits. and income or by the proper representative having the receipt, custody,
control, or disposal of the same. Thus, where a non-resident has charged a resident,
under a power of attorney, to sell in his behalf property, real or personal in the
Philippines, the proper tax due may be collected from the owner of the gains or profits
or from the representative who had the receipt, custody, control or disposal of such
gains, profits, or income, as the personal liability of such representative.
(Sections 56 to 60 of the Code)
SECTION 207. Estates and trusts. "Fiduciary" is a term which applies to
all persons or corporations that occupy positions of peculiar confidence towards
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

108

others, such as trustees, executors, or administrators; and a fiduciary, for income tax
purposes, is any person or corporation that holds in trust an estate of another person
or persons. In order that a fiduciary relationship may exist, it is necessary that a legal
trust be created.
In general, the income of a trust for the taxable year which is to be distributed
to the beneficiaries must be returned by and will be taxed to the respective
beneficiaries, but the income of a trust which is to be accumulated or held for future
distribution, whether consisting of ordinary income or gain from the sale of assets
included in the corpus of the trust, must be returned by and will be taxed to the
trustee. Three exceptions to this general rule are found in the law: (1) in the case of
revocable trust (Section 59); (2) in the case of a trust the income of which, in whole or
in part, may be held or distributed for the benefit of the grantor (Section 60); and (3)
in the case of a trust administered in a foreign country [Section 57(c)]. In the first
case, the income from such part of the trust estate title to which may be revested in
the grantor should be included in the grantor's return. In the second case, part of the
income of the trust, which may be held or distributed for the benefit of the grantor,
should be included in the grantor's return. In the third case, the trustee is not entitled
to the deductions mentioned in subsections (a) and (b) of Section 57 and the net
income of the trust undiminished by any amounts distributed, paid or credited to
beneficiaries will be taxed to the trustees; however, the income included in the return
of the trustees is not to be included in computing the income of the beneficiaries.
SECTION 208. Consolidation of incomes of two or more trusts. Section
56(b)(2) expressly requires the consolidation of the income of two or more trusts
where the creator of the trust in each instance is the same person and the beneficiary
in each instance is the same. The tax due on the consolidated income will be collected
from the trustees in proportion to the net income of the respective trusts. (See Section
215 of these regulations.)
SECTION 209. Estates and trusts taxed to fiduciary. In the case of a
decedent's estate the settlement of which is the object of testamentary or intestate
proceedings, the fiduciary, executor, or administrator is required to file an annual
return for the estate up to the final settlement thereof. In the same manner, the
fiduciary is required to file a yearly return covering the income of a trust, whether
created by will or deed, for accumulation of income, whether for unascertained
persons or persons with contingent interests or otherwise. In both cases the income of
the estate or trust is taxed to the fiduciary. Where under the terms of a will or deed,
the trustee, may in his discretion, distribute the income or accumulate it, the income is
taxed to the trustee, irrespective of the exercise of his discretion. The imposition of
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

109

the tax is not affected by the fact that an ultimate beneficiary may be a person exempt
from tax.
SECTION 210. Estate and trust taxed to beneficiaries. In the case of (a)
a trust the income of which is to be distributed annually or regularly; (b) an estate of a
decedent the settlement of which is not the object of judicial testamentary or intestate
proceedings; and (c) properties held under a co-ownership or tenancy in common, the
income is taxable directly to the beneficiary or beneficiaries. Each beneficiary must
include in his return his distributive share of the net income of the trust, estate, or
co-ownership. In the case of trusts which are in whole or in part subject to revocation
by the grantor, or which are for the benefit of the grantor, the income of the trust is to
be included in computing the net income of the grantor.
aITECD

SECTION 211. Decedent's estate administration. The "period of


administration or settlement of the estate" is the period required by the executor or
administrator to perform the ordinary duties pertaining to administration, in particular,
the collection of assets and the payment of debts and legacies. Estates during the
period of administration have but one beneficiary and that beneficiary is the estate.
No taxable income is realized from the passage of property to the executor or
administrator on the death of the decedent, even though it may have appreciated in
value since the decedent acquired it. In the event of delivery of property in kind to a
legatee or distributee, no income is realized. Where, however, prior to the settlement
of the estate, the executor or administrator sells property of a decedent's estate for
more than the appraised value placed upon it at the death of the decedent, the excess
is income, taxable to the estate. Where property is sold after the settlement of the
estate by the devisee, legatee or heir at a price greater than the appraised value placed
upon it at the time he inherited the property from the decedent, he is taxable
individually on any profit derived. An allowance paid a widow or heir out of the
corpus of the estate is not deductible from gross income.
SECTION 212. Liability for tax on estate or trusts. Liability for payment
of the tax attaches to the person of an executor or administrator up to and after his
discharge, where prior to distribution and discharge he had notice of his tax
obligations or failed to exercise due diligence in determining whether or not such
obligations existed. Liability for the tax also follows the estate itself, and when the
estate has been distributed, the heirs, devisees, legatees, and distributors may be
required to discharge the amount of the tax due and unpaid, to the extent of and in
proportion to any share received. The same consideration apply to other trusts. Where
the tax has been paid on the net income of an estate or trust by the fiduciary, the net
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

110

income on which the tax is paid is free from tax when distributed to the beneficiaries.
SECTION 213. Exemption allowed to estate or trusts. An estate or a trust
is allowed a personal exemption of P1,800. Each beneficiary is entitled to but one
personal exemption, no matter from how many trusts he may receive income.
(Section 61 of the Code)
SECTION 214. Fiduciary returns. Fiduciaries are required to make
returns of income on B.I.R. Form No. 17.01, in duplicate, when the gross income of
the person, trust, or estate for whom or which they act amounts to P1,800 or more and
will be subject to all the provisions of law which apply to individuals. A fiduciary
making return shall make oath that he has sufficient knowledge of the affairs of the
person trust, or estate for whom or which he acts to enable him to make such return,
and that the same is, to the best of his knowledge and belief, true and correct. A return
by one of two or more joint fiduciaries in the form prescribed filed in the municipality
or city in which such fiduciary resides shall be sufficient compliance with the
requirement for fiduciary returns.
A fiduciary acting as the guardian of a minor or other incapacitated person
must make a return for such minor or incapacitated person and pay the tax, unless
such minor or incapacitated person himself makes a return or cause it to be made. The
parent is held to be the natural guardian of a minor child.
SECTION 215. Returns in case of two or more trusts. Where, in the case
of more than one trust, the creator of the trust in each instance is the same person and
the trustee in each instance is the same but the beneficiaries are different, the trustee
should make a separate return for each of the trusts in his hands. When a trustee holds
trust created by different persons for the benefit of the same beneficiary, he should
also make a return for each trust separately. But where a person creates two or more
trusts in favor of the same beneficiary [Section 56(b) (2)] appointing two or more
trustees, the latter should each make a separate return for each trust but in such case
the Commissioner of Internal Revenue will consolidate the net incomes of the
different trusts and compute the tax on such consolidated income, allowing only one
absolute exemption of 1,800.
SECTION 216. Return by receiver. A receiver who stands in the place of
an individual or corporation must render a return of income and pay the tax for his
trust, but a receiver of only part of the property of an individual or corporation need
not. If the receiver acts for an individual the return shall be on B.I.R. Form No. 17.01.
When acting for a corporation a receiver is not treated as a fiduciary, and in such case
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

111

the return shall be made, as if by the corporation itself, on B.I.R. Form No. 17.02.
(Section 62 of the Code)
SECTION 217. Fiduciaries indemnified against claims for taxes paid.
Fiduciaries are indemnified against the claims or demands of every beneficiary for all
payments of taxes which they shall be required to make and they shall have credit for
such payments in any accounting which they make as such fiduciaries.
(Section 63 of the Code)
SECTION 218. Tax on personal holding companies. Section 63 imposes
for such taxable year beginning after December 31, 1938 (in addition to the tax
imposed by Section 24 of the Code), a tax upon corporations classified as personal
holding companies. Corporations so classified are exempt from the additional tax on
corporation improperly accumulating surplus imposed by Section 25, but are not
exempt from the other taxes imposed by Title II of the Code. Unlike the tax imposed
by Section 25, the tax imposed by Section 63 applies to all personal holding
companies defined as such in Section 64, regardless of whether or not they were
formed or availed of to accumulate earnings or profits for the purpose of avoiding the
tax upon shareholders. The tax imposed by Section 63 is 45 per cent of the amount of
the undistributed net income.
A foreign corporation, whether resident or non-resident, which is classified as
a personal holding company under Section 64 (not including a foreign personal
holding company as defined in Section 67) is subject to the tax imposed by Section 63
with respect to its income from sources within the Philippines. The term "personal
holding company" as used in Chapter VIII of Title II of the Code does not include a
foreign corporation if (1) its gross income from sources within the Philippines for the
period specified in Section 37(a) (2) (B) is less than 50 per cent of its total gross
income from all sources and (2) all of its stock outstanding during the last half of the
taxable year is owned by nonresident alien individuals, whether directly or indirectly
through other foreign corporations.
ESDHCa

(Section 64 of the Code)


SECTION 219. Definition of personal holding company. A personal
holding company is any corporation (other than a corporation specified in section
64(b) which for the taxable year meets (a) the gross income requirement specified in
Section 220 of these regulations, and (b) the stock ownership requirement specified in
Section 221 of these regulations. Both requirements must be satisfied and both must
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

112

be met with respect to each taxable year.


SECTION 220. Gross income requirement. To meet the gross income
requirement, it is necessary that either of the following percentages of gross income of
the corporation for the taxable year be personal holding company income as defined
in Section 65:
(a) Eighty per cent or more; or
(b) Seventy per cent or more if the corporation has been classified as a
personal holding company for any taxable year beginning after December 31, 1938,
unless
(1) A taxable year has intervened since the last taxable year for which it was
so classified, during no part of the last half of which the stock ownership requirement
specified in Section 64(a) (2) exists; or
(2) Three consecutive years have intervened since the last taxable year for
which it was so classified, during each of which its personal holding company income
was less than 70 per cent of its gross income.
In determining whether the personal holding company income is equal to the
required percentage of the total gross income, the determination must not be made
upon the basis of gross receipts, since gross income is not synonymous with gross
receipts. For a further discussion of what constitutes "gross income", see Section 29
of the Code and the regulations prescribed under that section.
SECTION 221. Stock ownership requirements. To meet the stock
ownership requirement, it is necessary that at some time during the last half of the
taxable year more than 50 per cent it value of the outstanding stock of the corporation
be owned, directly or indirectly, by or for not more than five individuals: For such
purpose, the ownership of the stock must be determined as provided in Section 66.
In the event of any change in the stock outstanding during the last half of the
taxable year, whether in the number of shares or classes of stock, or whether in the
ownership thereof, the conditions existing immediately prior .and subsequent to each
change must be taken into consideration.
In determining whether the statutory conditions with respect to stock
ownership are present at any time during the last half of the taxable year, the phrase
"in value" shall, in the light of all the circumstances, be deemed the value of the
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

113

corporate stock outstanding at such time (not including treasury stock). This value
may be determined upon the basis of the company's net worth, earning and dividend
paying capacity, appreciation of assets, together with such other factors as have a
bearing upon the value of the stock. If the value of the stock is greatly at variance with
that reflected by the corporate books the evidence of such value should be filed with
the return. In any case where there are two or more classes of stock outstanding, the
total value of the stock should be allocated among the different classes according to
the relative value of each class therein.
The rules stated in the last two preceding paragraphs are equally applicable in
determining the stock ownership requirement specified in Section 65(e); relating to
personal service contracts and Section 65(f), relating to the use of corporation
property by a shareholder. The stock ownership requirement specified in these
sections relates, however, to the stock outstanding at anytime during the entire taxable
year and not merely during the last half thereof.
(Section 65 of the Code)
SECTION 222. Personal holding company income. The term "personal
holding company income" means the portion of the gross income which consists of
the following:
(1) DIVIDENDS. The term "dividends" includes dividends as defined in
Section 83 (a), and amounts required to be included in gross income under Section 69
(b) of this Code. It does not include stock dividends (to the extent that they do not
constitute income to the shareholders with the meaning of Section 83(b) of the Code)
and liquidating dividends.
(2) INTEREST (other than interest constituting rent). The term "interest"
means any amount, includible in gross income, received for the use of money loaned
except that it does not include interest constituting rent [see subparagraph (1)].
(3) ROYALTIES (other than mineral, oil, or gas royalties). The term
"royalties" include amounts received for the privilege of using patents, copyrights,
secret processes and formulas, good will, trade marks, trade brands, franchises, and
other like property. It does not include rents, or overriding royalties received by an
operating company. As used in this paragraph the term "overriding royalties" means
amounts received from the sublease by the operating company which originally leased
and developed the natural resources property in respect of which such overriding
royalties are paid.
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

114

(4) ANNUITIES. The term "annuities" includes annuities only to the


extent includible in the computation of gross income. [See Section 29(b) (2)].
(5) GAINS FROM THE SALE OR EXCHANGE OF STOCK OR
SECURITIES. The term "gains from the sale or exchange of stock or securities" as
used in Section 65(b) applies to all gains (including gains from liquidation dividends
and other distributions from capital) from the sale or exchange of stock or securities
includible in gross income. The term "stock or securities" as used in Section 65(b)
includes shares or certificates of stock, or interest in any corporation (including any
joint stock company, insurance, company association, or other organization classified
as a corporation under Title II) certificates of interest or participation in mineral
royalty, or leave, collateral trust certificates, voting trust certificates, stock rights or
warrants, bonds, debentures, certificates of indebtedness, notes, car trusts certificates,
bills of exchange, obligations issued by or on behalf of a Government, State,
Territory, or political subdivision thereof. In the case of "regular dealers in stock or
securities" the term does not include gains derived from the sale or exchange of stock
or securities made in the normal course of business. The term "regular dealer in stock
or securities" means corporations with an established place of business regularly
engaged in the purchases of stock or securities and their resale to customers, but such
corporations are not dealers with respect to stock or securities held for speculation or
investment.
(6) GAINS FROM FUTURES TRANSACTIONS IN COMMODITIES.
Gains from futures transactions in commodities include gains from futures
transactions in any commodity on or subject to the rules of a board of trade or
commodity exchange, but do not include gains from cash transactions or gains by a
producer, processor, merchant, or handler of the commodity, which arise out of
bonafide hedging transactions reasonably necessary to the conduct of its business in
the manner in which such business is customarily and usually conducted by others. In
general, personal holding company income includes gains on futures contracts which
are speculative. Futures contracts representing true hedges against price fluctuations
in spot goods are not speculative transactions, though not concurrent with spot
transactions. Futures contracts which are not hedges against spot transactions are
speculative unless they are hedges against concurrent futures or forward sales or
purchases.
(7) INCOME FROM ESTATES AND TRUSTS. The income from estates
and trusts which is to be included in personal holding company income consists of the
income from estates and trusts which is required to be included in the gross income of
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

115

the corporation under Section 29 in relation to Section 56 of the Code, together with
the gains derived by the corporation from the sale or other disposition of any interest
in an estate or trust.
(8) AMOUNTS
RECEIVED
UNDER
PERSONAL
SERVICE
CONTRACTS. Amounts includible in personal holding company income as
amount received under personal service contracts consist of amounts received
pursuant to a contract under which the corporation is to furnish personal services, and
amounts received from a sale or other disposition of such a contract, if
(a) Some person other than the corporation has the right to designate (by
name or by description) the individual who is to perform the services or if the
individual who is to perform the services is designated (by name or by description) in
the contract; and
(b) At some time during the taxable year 25 per cent or more in value of the
outstanding stock of the corporation is owned, directly or indirectly, by or for the
individual who has performed, is to perform, or may be designated (by name or by
description), as the one to perform such services. For this purpose the stock ownership
must be determined as provided in Section 66 of the Code.
The application of Section 65(e) may be illustrated by the following examples:
Example (1): A, whose profession is that of an actor, owns all of the
outstanding capital stock of the M Corporation. The Corporation entered into a
contract with A under which A was to perform personal services for the person or
persons whom the M Corporation might designate, in consideration of which A was to
receive P10,000 a year from the M Corporation. The M Corporation entered into a
contract with the O Corporation in which A was designated to perform personal
services for the O Corporation in consideration of which the O Corporation was to
pay the M Corporation P500,000 a year. The P500,000 received by the M
Corporation from the O Corporation constitutes a personal holding company income.
Example (2): The N Corporation, the entire outstanding capital stock of which
is owned by four individuals, is engaged in engineering. The N Corporation entered
into a contract with the O Corporation to perform engineering services for the O
Corporation, in consideration of which the O Corporation was to pay the N
Corporation P50,000. The individual who was to perform the services was not
designated (by name or by description) in the contract and no one but the N
Corporation had the right to designate (by name or by description) such individual.
The P50,000 received by the N Corporation from the O Corporation does not
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

116

constitute personal holding company income.

HTaIAC

(9) COMPENSATION FOR USE OF PROPERTY. The compensation for


the use of, or the right to use, the property of the corporation which is to be included
in personal holding company income consists of amounts received as compensation
(however designated and from whomsoever received) for the use of, or the right to
use, property of the corporation in any case in which, at any time during the taxable
year 25 per cent or more in value of the outstanding stock of the corporation is owned,
directly or indirectly, by or for an individual entitled to the use of the property,
whether such right is obtained directly from the corporation or by means of a sublease
or other arrangement. The property may consist of a yacht, a city residence, a country
house, or any other kind of property.
(10) RENTS (including interest constituting rent). The rents which are to be
included in personal holding company income consist of compensation, however,
designated including charter fees, etc., for the use of, or the right to use, real property,
or any other kind of property and the interest on debts bowed to the corporation, to
the extent such debts represent the price for which real property held primarily for
sale to customers in the ordinary course of its trade or business was sold or exchanged
by the corporation, but do not include amounts constituting personal holding company
income under Section 65(f) and paragraph (9) of this section. However, rents do not
constitute personal holding company income if constituting 50 per cent or more of the
gross income of the corporation.
(II) MINERAL, OIL, OR GAS ROYALTIES. The income from mineral,
oil, or gas royalties is to be included as personal holding company income, unless (A)
the aggregate amount of such royalties constitutes 50 percent or more of the gross
income of the corporation for the taxable year and (B) the aggregate amount of
deductions allowable for expenses under Section 30 (a) of the Code (other than
compensation for personal services rendered by the shareholders of the corporation)
equals 15 per cent or more of the gross income of the corporation for the taxable year.
The term "mineral, oil, or gas royalties" means all royalties, except "overriding
royalties", received from any interest in mineral, oil, or gas royalties. As used in this
paragraph the term "overriding royalties" means amounts received from the sublease
by the operating company which originally leased and developed the natural resources
property in respect of which such overriding royalties are bid.
(Section 66 of the Code)
SECTION 223.
Copyright 2014

Stock ownership. For the purpose of determining whether

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

117


(a) A corporation is a personal holding company in so far as such
determination is based on the stock ownership requirement specified in Section 64(a)
(2), or
(b) Amounts received under a personal service contract or from the sale of
such a contract constitute personal holding company income in so far as such
determination is based on the stock ownership requirement specified in Section 65 (e),
or
(c) Compensation for the use of property constitutes personal holding
company income in so far as such determination is based on the stock owner-ship
requirement specified in Section 65(f), stock owned by an individual includes stock
constructively owned by him as provided in Section 66. All forms and classes of
stock, however denominated, which represent the interests of shareholders, members,
or beneficiaries in the corporation shall be taken into consideration.
SECTION 224. Stock not owned by individual. In determining the
ownership of stock for any of the purposes set forth in the preceding section, stock
owned, directly or indirectly, by or for a corporation, partnership, estate, or trust shall
be considered as being owned proportionately by its shareholders, partners, or
beneficiaries. For example, if A and B, two individuals, are the exclusive and equal
beneficiaries of a trust or estate, and if such trust or estate owns the entire capital
stock of the M Corporation, and if the M Corporation in turn owns the entire capital
stock of the N Corporation, then the stock of both the M Corporation and the N
Corporation shall be considered as being owned equally by A and B as the individuals
owning the beneficial interest therein.
SECTION 225. Family and partnership ownership. In determining the
ownership of stock for any of the purposes set forth in Section 223 of these
regulations, an individual shall be considered as owning the stock owned, directly or
indirectly, by or for his family or by or for his partner. For the purposes of such
determination the family of an individual includes only his brothers and sisters
(whether by the whole or half blood), spouse, ancestors, and lineal descendants.
The application of the family and partnership rule in determining the
ownership of stock for the purpose set forth in (a) of Section 223 of these regulations
is illustrated by the following example:
Example: The M Corporation at some time during the last half of the taxable
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

118

year had 1,800 shares of outstanding stock, 450 of which were held by various
individuals having no relationship to one another and none of whom were partners,
and the remaining 1,350 were held by 51 shareholders as follows:
Relationship

Shares

Shares

An individual
His father

A
AF

100
10

B
BF

20
10

C
CF

20
10

D
DF

20
10

E
EF

20
10

His wife
His brother
His son
His daughter by
former marriage
(son's half sister)
His brother's wife
His wife's father
His wife's brother
His wife's brother's
wife

AW
AB
AS

10
10
10

BW
BB
BS

40
10
40

CW
CB
CS

40
10
40

DW
DB
DS

40
10
40

EW
EB
ES

40
10
40

ASHS
ABW
AWF
AWB

10
10
10
10

BSHS
BBW
BWF
BWB

40
10
10
10

CSHS
CBW
CWF
CWB

40
10
110
10

DSHS
DBW
DWF
DWB

40
160
10
10

ESHS
EBW
EWF
EWB

40
10
10
10

AWBW 10

Individual's partner AP

10

Shares

Shares

Shares

BWBW 10

CWBW 10

DWBW 10

EWBW 110

By applying the statutory rule provided in Section 66(a) five individuals own
more than 50 per cent of the outstanding stock as follows:
A
B
CW
DB
EWB

(including AF, AW, AB, AS, ASHS, AP)


(including BF, BW, BB, BS, BSHS)
(including C, CS, CWF, CWB)
(including D, DF, DBW)
(including EW, EWF, EWBW)

Total, or more than 30 per cent

160
160
220
200
170

910

Individual A represents the obvious case where the head of the family owns the
bulk of the family stock and naturally is the head of the group. A's partner owns to
shares of the stock. Individual B represents the case where he is still head of the group
because of the ownership of stock by his immediate family. Individuals C and D
represent cases where the individuals fall in groups headed in C's case by his wife and
in D's case by his brother because of the preponderance of holdings on the part of
relatives by marriage. Individual E represents the case where the preponderant holding
of others eliminate that individual from the group.
The method of applying the family and partnership rule as illustrated in the
foregoing example also applies in determining the ownership of stock for the purposes
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

119

stated in (b) and (c) of Section 223 of these regulations.


SECTION 226. Options. In determining the ownership of stock for any
of the purposes set forth in Section 223 of these regulations if any person has an
option to acquire stock, such stock may be considered as owned by person. The term
"option" as used in this section includes an option to acquire such an option and each
one of a series of such options, so that the person who has an option on an option to
acquire stock may be considered as the owner of the stock.
(Section 67 of the Code)
SECTION 227.

Definition of foreign personal holding company. A


foreign personal holding company is any foreign corporation (other than a corporation
exempt from taxation under Section 27 of the Code) which for the taxable year meets
(a) the gross income requirements specified in Section 67 (a) (1), and (b) the stock
ownership requirement specified in Section 67(a) (2). Both requirements must be
satisfied and both must be met with respect to each taxable year.
A foreign corporation which comes within the classification of a foreign
personal holding company for any taxable year beginning after December 31, 1938, is
not subject to taxation for such taxable year under Section 25 of the Code but may be
subject to taxation under that section for other taxable years. The fact that a foreign
corporation is a foreign personal holding company does not relieve the corporation
from liability for the tax imposed generally under Section 24 upon foreign
corporations, since such tax applies regardless of the classification of the foreign
corporation as a-foreign personal holding company.
SECTION 228. Gross income requirement. To meet the gross income
requirement, it is necessary that either of the following percentages of gross income of
the corporation for the taxable year be foreign personal holding company income in
accordance with Section 68 in relation to Section 65 of the Code:
(a) Sixty per cent of more; or
(b) Fifty per cent or more if the foreign corporation has been classified as a
foreign personal holding company for the taxable year ending after December 31,
1938, unless
(1) A taxable year has intervened since the last taxable year for which it was
so classified, during no part of which the stock ownership requirement specified in
Section 67 (a) (z) exist; or
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

120

(2) Three consecutive years have intervened since the last taxable year for
which it was so classified, during each of which its foreign personal holding company
income was less than 50 per cent of its gross income.
In determining whether the foreign personal holding company income is equal
to the required percentage of the total gauss income, the determination must not be
made on the basis of gross receipts since gross income is not synonymous with gross
receipts. For a further discussion on what constitutes "gross income," see Section
29(n) and the regulations prescribed under that section.
SECTION 229. Stock ownership requirement. To meet the stock
ownership requirement it is necessary that at some time in the taxable year more than
50 per cent in value of the outstanding stock of the foreign corporation be owned,
directly or indirectly, by or for not more than five individuals who are citizens or
residents of the Philippines.
In the event of any change in the stock outstanding during the taxable year,
whether in the number of shares or classes of stock, or whether in the ownership
thereof, the conditions existing immediately prior and subsequent to each change must
be taken into consideration, since a corporation comes within the classification if the
statutory conditions with respect to stock ownership are present at any time during the
taxable year.
In determining whether the statutory conditions with respect to stock
ownership are present at any time during the taxable year, the phrase "in value" shall,
in the light of all the circumstances, be deemed the value of the corporate stock
outstanding at such time (not including treasury stock). This value may be determined
upon the basis of the company's net worth, earning and dividend paying capacity,
appreciation of assets, together with such other factors as have a bearing upon the
value of the stock. If the value of the stock which is used is greatly at variance with
that reflected by the corporate books, the evidence of such value should be filed with
the return. In any case where there are two or more classes of stock outstanding, the
total value of all the stock should be allocated among the different classes according
to the relative value of each lass therein.
DIcSHE

(Section 68 of the Code)


SECTION 230. Gross income and stock ownership requirements of foreign
personal holding companies. For the purpose of determining whether a foreign
corporation satisfies the gross income requirement prescribed under Section 67(a)(1),
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

121

the same items of income classified under Section 65 as personal holding company
income shall, if received by a foreign corporation, be considered as foreign personal
holding company income. In determining whether a foreign corporation satisfies the
stock ownership requirement prescribed under Section 67(a) (2) the rules established
in Section 66 shall apply.
(Section 69 of the Code)
SECTION 231. Income of foreign personal holding companies taxed to
Philippine shareholders. (a) General rule. Section 69 does not impose a tax on
foreign personal holding companies. The undistributed net income (from all sources),
of such companies, however, must be included in the manner and to the extent set
forth in this section, in the gross income of their "Philippine shareholders", that is, the
shareholders who are individual citizens or residents of the Philippines.
(b) AMOUNT INCLUDIBLE IN GROSS INCOME. Each Philippine
shareholder, who was a shareholder on the day in the taxable year of the, foreign
personal holding company which was the last day on which the stockholders
satisfying the stock ownership requirement of Section 67(a)(2), hereinafter referred to
as the "Philippines group", existed with respect to the company, shall include in his
gross income a dividend, for the taxable year in which or with which the taxable year
of the company ends, the amount he would have received as a dividend if on such last
day there has been distributed by the company and received by the shareholders an
amount which bears the same ratio to the net income of the company for the taxable
year as the portion of such taxable year up to and including such last day bears to the
entire taxable year.
The undistributed net income of the foreign personal holding company is
includible only in the gross income of the Philippine shareholders who were
shareholders in the company on the last day of its taxable year on which the
Philippine groups existed with respect to the company. Such Philippine shareholders,
accordingly, are determined by the stock holdings as of such specified time. This
applies to every Philippine shareholder who was a shareholder in the company at the
specified time regardless of whether the Philippine shareholder is included with the
Philippine group.
The Philippine shareholders must include in their gross income their
distributive shares of that proportion of the undistributed net income for the
taxable-year of the company which is equal in ratio to that which the portion of the
taxable year up to and including the last day on which the Philippine group with
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

122

respect to the company existed bears to the entire taxable year. Thus if the last day in
the taxable year on which the required Philippine group existed was also the end of
the taxable year, the portion of the taxable year up to and including such last day
would be equal to 100 per cent and in such case, the Philippine shareholders would be
required to return their distributive shares in the entire undistributed net income. But
if the last day on which the required Philippine group existed was September 30, and
the taxable year was a calendar year, the portion of the taxable year up to and
including such last day would be equal to nine-twelfths of the undistributed net
income.
The amount which each Philippine shareholder must return is that amount
which he would have received as a dividend if the above specified portion of the
undistributed net income had in fact been distributed by the foreign personal holding
company as a dividend on the last day of its taxable year on which the required
Philippine group existed. Such amount is determined, therefore, by the interest of the
Philippine shareholder in the foreign personal holding company, that is, by the
number of shares of stock owned by the Philippine shareholder and the relative rights
of his class of stock, if there are several classes of stock outstanding. Thus, if a
foreign personal holding company has both common and preferred stock outstanding
and the preferred shareholders are entitled to a specific dividend before any
distribution may be made to the common shareholders, then the assumed distribution
of the stated portion of the undistributed net income must first be treated as a payment
of the specified dividend on the preferred stock before any part may be allocated as a
dividend on the common stock.
The assumed distribution of the required portion of the undistributed net
income must be returned as dividend income by the Philippine shareholders for their
respective taxable years in which or with which the taxable year of the foreign
personal holding company ends. In applying this rule, the date as of which the
Philippine group last existed with respect to the company is immaterial.
(Section 70 of the Code)
SECTION 232. Information returns by officers and directors of certain
foreign corporations. (a) REQUIREMENT FOR FILING RETURNS. (1)
General. Under Section 70 (a), on the 15th day of each month which begins after
July 1, 1939, each individual who on such 15th day is an officer or, a director of a
foreign corporation which, with respect to its taxable year preceding the taxable year
in which such month occurs, was a foreign personal holding company, is required to
file with the Commissioner of Internal Revenue a monthly information return as
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

123

provided in Section 70(a). The Commissioner of Internal Revenue may authorize the
filing of returns covering periods longer than a month.
(2) RETURNS JOINTLY MADE. If two or more officers or directors of a
foreign corporation are required to file information returns for any period under
Section 70(a), any two or more of such officers or directors may, in lieu of filing
separate returns for such period, jointly execute and file one return.
(b) FORM OF RETURN. The return under Section 70(x). of the Code and
this section shall be made on the form prescribed by the Commissioner of Internal
Revenue. Each officer or director should carefully prepare his return so as to set forth
fully and clearly the information called for therein and by the applicable regulations.
Returns which have not been so prepared will not be considered as meeting the
requirements of the law.
(c) CONTENTS OF RETURN. The return shall, in accordance with
provisions of this section and the instructions on the form, set forth with respect to the
preceding period the following information:

Copyright 2014

(1)

Name and address of corporation;

(2)

Kind of business in which the corporation is engaged;

(3)

Date of incorporation;

(4)

The country under the laws of which the corporation is incorporated;

(5)

Number of shares and par value of common stock of the corporation


outstanding as of the beginning and end of the period;

(6)

Number of shares and par value of preferred stock of the corporation


outstanding as of the beginning and end of the period, the rate of
dividend on such stock and whether such dividend is cumulative or
noncumulative;

(7)

A description of the convertible securities issued by the corporation,


including a statement of the face value of, and rate of interest on, such
securities:

(8)

The name and address of each shareholder, the class and number of
shares held by each, together with any changes in stock holdings during

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

124

such period;
(9)

The name and address of each holder of securities convertible into stock
of the corporation, the class, number and face value of the securities
held by each, together with any changes in the holding of such securities
during the period;

(10)

A certified copy of any resolution or plan, and any amendments thereof


or supplements thereto, for or in respect of the dissolution of the
corporation of the liquidation of the whole or any part of its capital
stock; and

(11)

Such other information as may be required by the return form.


If a person is required to file a return under Section 70(a) of the Code
and this section with respect to more than one foreign corporation, a
separate return must be filed with respect to each foreign corporation.

(d) VERIFICATION OF RETURNS. All returns required by Section 70(a)


and this section shall be verified under oath or affirmation of the parties rendering the
same.
SECTION 233. Annual information returns by officers and directors of
certain foreign corporations. (a) Requirement for filing returns.
(1) GENERAL. Under Section 70(b), on the sixtieth day after the close of
the taxable year of a foreign personal holding company each individual who on such
sixtieth day is an officer or director of the corporation shall file with the
Commissioner of Internal Revenue an annual information return as provided in that
section of the Code and this section.
(2) RETURNS JOINTLY MADE. If two or more officers or directors of a
foreign corporation are required to file annual information returns under Section 70(b)
for any taxable year of the corporation any two or more of such officers or directors
may in lieu of filing separate annual returns for such taxable year, jointly execute and
file one annual return.
(b) FORM OF RETURN. The return under Section 70(b) and this section
shall be made on the form prescribed by the Commissioner of Internal Revenue. Each
officer or director should carefully prepare his returns so as to set forth fully and
clearly the information called for therein and by the applicable regulations. Returns
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

125

which have not been so prepared will not he considered as meeting the requirements
of the law.
(c) CONTENTS OF RETURN. The return shall, in accordance with the
provisions of this section and the instructions on the form, set forth with respect to the
taxable year of the foreign personal holding company the following information:
(1)

The gross income, deductions and credits, net income, and undistributed
net income of the foreign personal holding company for such taxable
year, in complete detail;

(2)

The same information with respect to such taxable year which is


required by Section 70(a) and paragraph (c) of the preceding section,
except that if all the required returns with respect to such year have
been filed under Section 70(a) and the preceding section, no information
under Section 70(b) (2) and this paragraph need be set forth in such
annual return; and

(3)

Such other information as may be required by the return form.

(d) VERIFICATION OF RETURNS. All returns required by Section


70(b) and this section shall be verified under oath or affirmation of the parties
rendering the same.
(Section 71 of the Code)
SECTION 234. Information returns by shareholders of certain foreign
corporations. (a) REQUIREMENT FOR FILING RETURNS.
(1) General. On the 15th day of each month which begins after July 1,
1939 each Philippine shareholder, by or for whom 50 per cent or more in value of the
outstanding stock of a foreign corporation is owned, directly or indirectly [including,
in the case of an individual, stock owned by members of his family as defined in
Section 66(b)], if such foreign corporation with respect to its taxable year preceding
the taxable year in which such month occurs was a foreign personal holding company,
shall file with the Commissioner of Internal Revenue an information, return as
provided in Section 71(a). The Commissioner of Internal Revenue may authorize the
filing of returns covering period longer than a month.
(2) Duplicate returns. If a shareholder in a foreign corporation files, as an
officer or director in such corporation, the returns required by Section 70(b), such
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

126

returns shall be considered as returns filed under Section 71(a).


(b) FORM OF RETURN. The return under Section 71(a) shall be made on
the form prescribed by the Commissioner of Internal Revenue. Each shareholder
should carefully prepare his return so as to set forth fully and clearly the information
called for therein and by the applicable regulations. Returns which have not been so
prepared will not be considered as meeting the requirements of the law.
(c) CONTENTS OF RETURN. The return shall, in accordance with the
provisions of this section and the instructions on the form, set forth with respect to the
preceding period the same information as required, to be shown on that form by
Section 70(a) and paragraph (c) of Section 232 of these regulations.
If a person is required to file a return under Section 71(a) of the Code and this
section with respect to more than one foreign corporation, a separate return must he
filed with respect to each foreign corporation.
(d) VERIFICATION OF RETURNS. All returns required by Section 71(a)
of the Code and this section shall be verified under oath or affirmation of the parties
rendering the same.
SECTION 235. Annual information returns by shareholders of certain
foreign corporations. (a) REQUIREMENT FOR FILING RETURNS.
(1) General. Under Section 71(b) of the Code, on the sixtieth day after the
close of the taxable year of a foreign personal holding company, each Philippine
shareholder, by or for whom on such sixtieth day 50 per cent or more in value of the
outstanding stock of the company is owned, directly or indirectly [including the case
of an individual stock owned by members of his family as defined in Section 66(b)],
shall file with the Commissioner of Internal Revenue an information returns as
provided in that section and this section.
(2) Duplicate returns. If a shareholder in a foreign corporation files as an
officer or director in such corporation, the return required by Section 70(b), such
returns shall be considered as returns filed under Section 71(b).
(b) FORM OF RETURN. The return under Section 71(b) shall be made on
the form prescribed by the Commissioner of Internal Revenue. Each shareholder
should carefully prepare his return so as to set forth fully and clearly the information
called for therein and by the applicable regulations. Returns which have not been so
prepared will not be considered as meeting the requirements of the law.
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

127

(c) CONTENTS OF RETURN. The return shall, in accordance with the


provisions of this section and the instructions on the form, set forth with respect to the
taxable year of the foreign personal holding company the same information which is
required under Section 71(a), paragraph (c) of Section 232 of these regulations and
paragraph (c) of the preceding section, except that if all the required returns with
respect to such year have been filed under Section 71(a), no return under Section
71(b) is required.
If a person is required to file an annual return under Section 71(b) with respect
to more than one foreign personal holding company, a separate return must be filed
with respect to each foreign personal holding company.
(d) VERIFICATION OF RETURNS. All returns required by Section
71(b) and this section shall be verified under oath or affirmation of the parties
rendering the same.
(Section 72 of the Code)
SECTION 236. Ad valorem penalty for failure to file return. In case of a
failure to make and file a return or list within the time prescribed by law, not due to
willful neglect, where such return or list is voluntarily filed by the taxpayer without
notice from the Commissioner of Internal Revenue or other officer and it is shown
that the failure to file it in due time was due to a reasonable cause, no surcharge will
be added to the amount of tax due on the return. In such cases, in order to avoid the
imposition of the surcharge, the taxpayer must make a statement showing all the facts
alleged as a reasonable cause for failure to file the return on time in the form of an
affidavit which should be attached to the return. If the Commissioner of Internal
Revenue is satisfied that the delinquency was due to a reasonable cause, no surcharge
will be added to the tax due on the return. Whether or not reasonable cause exists will
depend upon the circumstances of each case. As a general rule, if the taxpayer
exercised ordinary business care and prudence and was nevertheless unable to file the
return within the prescribed time, the delay will be considered as being due to a
reasonable cause.
In case of a failure to make and file a return or list within the time prescribed
by law, not due to willful neglect, where the taxpayer voluntarily files the return
without notice from the Commissioner of Internal Revenue or other officer and
attaches to such return the affidavit mentioned in the preceding paragraph but where
the Commissioner of Internal Revenue is not satisfied as to the reasonableness of the
cause of the delinquency, a surcharge of 25 per cent will be added to the amount of
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

128

tax due on the return.


In case the failure to make and file a return or list within the time prescribed by
law is due to willful neglect a surcharge of 50 per cent will be added to the amount of
tax due on the return. There is willful neglect in the case of a taxpayer who, being
liable to file a return, knowingly delays the filing of such return. Where the filing of
the return has been delayed for a considerable length of time, the delinquency will be
presumed to be due to willful neglect.
DHIcET

The amount of surcharge so added to the tax due on the return shall be
collected at the same time and in the same manner and as part of the tax unless the tax
has been paid before the discovery of the cause giving rise to the imposition of the
surcharge, in which case the amount so added shall be collected in the same manner
as the tax.
SECTION 237. Ad valorem penalty for false or fraudulent return. In
case a false or fraudulent return or list is made, the Commissioner of Internal Revenue
shall add to the tax ascertained to be due on the true net income of the taxpayer a
surcharged of 50 per cent of the amount of such tax. If payment has been made on the
basis of such false or fraudulent return before the discovery of the falsity or fraud, the
basis of the surcharge of 50 per cent will be the amount of the tax due on the true net
income less the amount so paid.
(Section 73 of the Code)
SECTION 238. Penalty for failure to file return or to pay tax. Any
person liable to pay the tax, to make a return or to supply information required under
Title II of the Code, who refuses or neglects to pay such tax, to make such return or to
supply such information at the time or times specified in each case shall be punished
by a fine of not more than P2,000 or by imprisonment for not more than six months,
or both. In case of a corporation failing to file its, return or pay the tax, the penalty
prescribed under the first paragraph of Section 73 will be imposed upon the president,
vice-resident, or other responsible officer required to file the return of the corporation
or pay the tax due from the same, in accordance with the provisions of Section 46(a)
and 51(b) of the Code. In the case of a duly registered general copartnership, failing to
file the return required under Section 49 of the Code, the penalty prescribed under the
first paragraph of Section 73 will be imposed upon the managing partner or other
responsible officer of such partnership.
SECTION 239. Penalty imposed upon person causing a false or fraudulent
corporate return to be filed. If a false or fraudulent return is filed for a corporation
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

129

or duly registered general copartnership, the individual or any officer thereof causing
such return to be filed shall be punished by a fine not exceeding P4,000 or by
imprisonment for not more than one year, or both.
(Section 74 of the Code)
SECTION 240. Penalty on corporation refusing or neglecting to make
return. A corporation or duly registered general copartnership, refusing or
neglecting to make a return required under Title II of the Code, or, rendering a false or
fraudulent return, will be liable to a fine of not exceeding P20,000. The fine imposed
under Section 74 will be paid by the corporation or duly registered general
copartnership as an entity, and is in addition to the penalty which may be imposed
under Section 73 of the Code upon the president, vice-president, or other responsible
officer of a corporation or duly registered general copartnership.
(Section 75 of the Code)
SECTION 241. Return of information as to payments of dividends. Every
domestic resident foreign corporation is hereby required to render a return, in
duplicate, on the form prescribed for corporations (B.I.R. Form No. 17.02) of its
payments of profits or dividends to stock holders for the taxable year or period
covered by the return, stating the name and address of each stockholder, the number
and class of shares owned by him, the date and amount of such dividend paid him,
and when the surplus out of which it was paid was accumulated. Such return should
be verified by the oath or affirmation of the person rendering the same.
aHcACT

(Section 76 of the Code)


SECTION 242. Application for and issuance of license for collecting
foreign items. Every individual or organization undertaking, for profit or
otherwise, the collection of dividends or interest on foreign securities (not payable in
the Philippines) by means of coupons, checks, or bills of exchange shall, upon
application, obtain a license therefor from the Commissioner of Internal Revenue. The
application shall show the name, address, occupation, and status (as to citizenship or
nationality and residence) of the applicant.
(Section 77 of the Code)
SECTION 243. Return of information as to payments of P1,800 or more.
All persons, corporations, partnerships, and associations, making payment to another
person of fixed or determinable income of P1,800 or more in a taxable year must
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

130

render a return thereof to the Commissioner of Internal Revenue within the time fixed
for the filing of the annual returns of said person, corporations, partnerships, and
associations. The name and address of the recipient of the income should be stated, if
possible. Although to make necessary a return of information the income must be
fixed or determinable, it need not be annual or periodical.
The names of all employees to whom payments of P1,800 or over a year are
made, whether such total sum is made up of wages, salaries, commissions, or
compensation in any other form, must be reported. Compensations in kind, such as
living quarters, meals, and lodging, are taxable income to the recipient and, as such,
should be reported if the sum total of the same and the other compensation in cash
received shall amount to P1,500 or more during the year.
In the case of payments of annual or periodical income to nonresident alien
individual or to foreign corporations or firm not engaging in trade or business within
the Philippines and not having any office or place of business therein, the return by
withholding agents shall constitute and be treated as return of information.
SECTION 243. Return of information as to payments of P1,800 or more.
All persons, corporations, partnerships and associations making payments to another
of fixed or determinable income of P1,800 or more in a taxable .year must render a
return thereof in duplicate on the form prescribed therefor (BIR Form No. 17.01-B).
These forms should be attached to and filed together with the annual income tax
returns of said persons, corporations, partnerships and associations as payers, within
the time fixed by law for the filing of income tax returns. The payments referred to
herein do not include the following:
(1)

Dividend payments mentioned under Section 75 of the National Internal


Revenue Code.

(2)

Salaries, wages, bonuses, and other compensations in kind, such as


living quarters, meals, and lodging which are subject to withholding tax
and reported in W-2 forms as provided for under Republic Act 590.

(3)

Payments subject to withholding tax at source enumerated under Section


53 of the National Internal Revenue Code.

Examples of income covered by these regulations and to be declared in BIR


Form 17.01-B are interests, rents, commissions, royalties, advertisements,
professional fees, and the like, arising generally from payments between payers and
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

131

recipients who have no employer-employee relationship.


(Revenue Regulations No. 9-65 amending and superseding section 243
appearing on page 723. As of October 20, 1965, these Regulations, dated June 30,
1965, have not yet been published in the Official Gazette).
(Section 78 of the Code)
SECTION 244. Return of corporation contemplating dissolution or retiring
from business. All corporations, partnership, joint accounts and associations,
contemplating dissolution or retiring from business without formal dissolution shall,
within 30 days after the approval of such resolution authorizing their dissolution, and
within the same period after their retirement from business, file their income tax
returns covering the profit earned or business done by them from the beginning of the
year up to the date of such dissolution or retirement and pay the corresponding
income tax due thereon upon demand by the Commissioner of Internal Revenue to
addition to the income tax return required to be filed they shall also submit within the
same period the following:
(a) Copy of the resolution authorizing such dissolution;
(b)

Balance sheet at the date of dissolution or retirement and a profit and


loss statement covering the period from the beginning of the taxable
year to the date of dissolution or retirement;

(c)

In the case of a corporation, the names end addresses of the


shareholders and the number and par value of the shares held by each;
and in the case of a partnership, joint-account or association, the name
of the partners or members and the capital contributed by each;

(d)

The value and a description of, the assets received in liquidation by each
shareholder;

(e)

The name and address of each individual or corporation, other than


shareholders, if any, receiving assets at the time of dissolution together
with a description and the value of the assets received by such
individuals or corporations; and the consideration, if any, paid by each
of them for the assets received.
(Section 79 of the Code)

Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

132

SECTION 245. Return of information by brokers. When required by the


Commissioner of Internal Revenue, each person doing business as a broker shall
render a return or statement showing the names and addresses of customers to whom
or for whom payments were made or from whom business was transacted during the
calendar year or other specified period, and giving all other particulars which may be
needed by the Commissioner of Internal Revenue.
(Section 80 of the Code)
SECTION 246. Information returns as to formation, etc., of foreign
corporation. (a) IN GENERAL. Any attorney, accountant, fiduciary, bank, trust
company, financial institution, or other person, who, after July 5, 1939, aids, assists,
counsels, or advises in, or with respect to, the formation, organization, or
reorganization of any foreign corporation (including a foreign association or
partnership) shall file with the Commissioner of Internal Revenue, within thirty days
after giving such aid, assistance, counsel or advise, an information return; as provided
in Section 80 and this section. The return must be filed in every such case (1)
regardless of the nature of the counsel or advice given, whether for or against the
formation, organization, or reorganization of the foreign corporation, or the nature of
the aid or assistance rendered and (2) regardless of the action taken upon the advice or
counsel, that is, whether the foreign corporation is actually formed, organized, or
reorganized.
If, in a particular case, the aid, assistance, counsel or advice given by any
person extends over a period of more than one day and not for more than thirty days,
such persons, to avoid the multiple filing of returns, may file a single return for the
entire period. In such case, the return shall be filed within thirty days from the first
day of such period: If, in a particular case, the aid, assistance, counsel, or advice given
by any person extends over a period of more than thirty days, such person may file a
return at the end of each thirty days included within such period and at the end of the
fractional part of a thirty day period, if any, extending beyond the last full thirty days.
In each such case, the return must disclose all the required information which was not
reported on a prior return.
(b) SPECIAL PROVISIONS. (1) Employers. In the case of aid,
assistance, counsel, or advice in, or with respect to, the formation, organization, or
reorganization of a foreign corporation given by a person in whole or in part through
the medium of subordinates or employees (including in the case of a corporation the
officers thereof), the return of the employer must set forth to the full extent all
information prescribed by these regulations, including that which, as an incident to
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

133

such employment, is within the possession or knowledge or under the control of such
subordinates or employees.
(2) EMPLOYEES. The obligation of a subordinate or employee (including
in the case of a corporation the officers thereof) to file a return with respect to any
aid, assistance, counsel, or advice in, or with respect to, the formation, organization,
or reorganization of a foreign corporation, given as an incident to his employment,
will be satisfied if a complete and adequate return as prescribed by these regulations
is duly filed by the employer setting forth all of the information within the possession
or knowledge or under the control of such subordinate or employee.
Clerks, stenographers, and other subordinates or employees, rendering aid or
assistance solely of a clerical or mechanical character in, or with respect to, the
formation, organization or reorganization of a foreign corporation are not required to
file returns by reason of such services.
(3) RETURNS JOINTLY MADE. If two or more persons aid, assist,
counsel, or advise in, or with respect to, the formation, organization, or reorganization
of a particular foreign corporation, any two or more of such persons may, in lieu of
filing several returns jointly execute and file one return.
(c) PENALTIES. For criminal penalties for failure to file the return
required by Section 80, see Section 73 of the Code.
(d) CONTENTS OF RETURNS. The return shall set forth the following
information to the full extent such information is within the knowledge or possession
or under the control of the person required to file the return.

Copyright 2014

(1)

The name and address of the person (or persons) to whom and the
person (or persons) for whom or on whose behalf the aid, assistance,
counsel, or advice was given;

(2)

A complete statement of the aid, assistance, counsel, or advice given;

(3)

Name and address of the foreign corporation and the country under the
laws of which it was formed, organized, or reorganized;

(4)

The months and year when the foreign corporation was formed,
organized, or reorganized;

(5)

A statement of how the formation, organization, or reorganization of the

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

134

foreign corporation was effected;


(6)

A complete statement of the reasons for, and the purposes sought to be


accomplished, by, the formation, organization, or reorganization of the
foreign corporation;

(7)

A statement showing the classes and kinds of assets transferred to the


foreign corporation in connection with formation, organization, or
reorganization, including a detailed list of any stock or securities
included in such assets, and a statement showing the names and
addresses of the persons who were the owners of such assets
immediately prior to the transfer;

(8)

The names and addresses of the shareholders of the foreign corporation


at the time of the completion of its formation, organization, or
reorganization, showing the classes of stock and number of shares held
by each;

(9)

The name and address of the person (or persons) having custody of the
books of account and records of the foreign corporation;

(10)

Such other information as may be required by the return form; and

(11)

Where any of the information required to be furnished is withheld


because its character is claimed to be privileged as a communication
between attorney and client within the meaning of Section 80, the return
must so state and must contain a complete statement of the nature and
the circumstances of the communication on which a decision as to the
propriety of the claim of privilege may be reached.

If a person aids, assists, counsels, or advises in or with respect to, the


formation, organization, or reorganization of more than one foreign corporation, a
separate return must be filed with respect to each foreign corporation.
(e) VERIFICATION OF RETURN. All returns required by Section 80
and this section shall be verified under oath or affirmation.
(Section 81 of the Code)
SECTION 247. Disposition of income tax returns. All income tax returns
filed with the Commissioner of Internal Revenue constitute public records which shall
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

135

be open to inspection under rules and regulations prescribed by the Secretary of


Finance with the approval of the President of the Philippines. The circumstances
under which income tax returns may be inspected by interested parties are dealt with
under separate regulations.
SECTION 248. Publication of list of persons filing returns and paying
taxes. The second paragraph of Section 81 expressly authorizes the Commissioner
of Internal Revenue, with the approval of the Secretary of Finance, to cause to be
prepared and published in any newspaper or made available to public inspection
through other means, lists containing the names and addresses of persons who have
filed income tax returns, or lists of those who paid income taxes, or both such kinds of
lists.
(Section 82 of the Code)
SECTION 249. Recovery of tax. A suit or proceeding may be maintained
for the recovery of any internal-revenue tax alleged to have been erroneously or
illegally assessed and collected, in accordance with Section 306 of the Code.
However, where the Commissioner of Internal Revenue believes that a return is false
or fraudulent or contains any understatement or undervaluation and proceeds to assess
and collect the tax due, no portion of the tax so collected shall be recovered by any
suit unless it is proved that the return was not in fact false or fraudulent and did not
contain any understatement or undervaluation, except with respect to return is made in
good faith regarding annual depreciation of oil or gas wells and mines.
(Section 83 of the Code)
SECTION 250. Dividends. Dividends, for the purpose of the law,
comprise any distribution whether in cash or other property, in the ordinary course of
business, even though extraordinary in amount, made by a domestic or resident
foreign corporation, joint-stock company, partnership, joint account (cuentas en
participacion), association, or insurance company to the shareholders or members out
of its earnings or profits accumulated since March 1, 1913.
Although interest on certain Government bonds and other similar obligations is
not taxable when received by a corporation, upon amalgamation with the other funds
of the corporation, such income loses its identity and when distributed to
shareholders, is taxable to the same extent as other dividend.
A taxable distribution made by a corporation to individual stockholders or
members shall be included is the gross income of the distributees when the cash of
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

136

other property is unqualifiedly made subject to their demand. Dividends, in cash or


other property received by an individual, are subject to tax in his hands in the same
manner another income.
Dividends, whether in cash or other property, received by a domestic or
resident foreign corporation from a domestic corporation are taxable only to the extent
of 25 per cent thereof in accordance with Section 24 of the Code. Dividends received
by a domestic corporation from a foreign corporation, whether resident or
nonresident, are taxable to the extent that they constitute income from sources within
the Philippines, as provided in Section 37 (a) (2) (b) of the Code. Dividends paid by
the domestic corporation to a nonresident foreign corporation are taxable in full. (For
definition of the different classes of corporations, see Section 84 of the Code).
AIHDcC

SECTION 251. Dividends paid in property. Dividends paid in securities


or other property (other than its own stock), in which the earnings of a corporation
have been invested, are income to the recipients to the amount of the full market value
of such property when receivable by individual stockholders. When receivable by
corporations, the amount of such dividends includible for purposes of the tax on
corporations are specified in Section 24 of the Code. (See also Section 250 of these
regulations). A dividend paid in stock of another corporation is not a stock dividend,
even though the stock distributed was acquired through the transfer by the corporation
declaring the dividends of property to the corporation the stock of which is distributed
as a dividend. Where a corporation declares a dividend payable in a stock of another
corporation, setting aside the stock to be so distributed and notifying the stockholders
of its action, the income arising to the recipients of such stock is its market value at
the time the dividend becomes payable. Scrip dividends are subject to tax in the year
in which the warrants are issued.
SECTION 252. Stock dividends. A stock dividend which represents the
transfer of surplus to capital account is not subject to income tax. However a dividend
in stock may constitute taxable income to the recipients thereof notwithstanding the
fact that the officers or directors of the corporation (as defined in Section 84) choose
to call such distribution as a stock dividend. The distinction between a stock dividend
which does not, and one which does, constitute income taxable to the shareholder is
the distinction between a stock dividend which works no change in the corporate
entity, the same interest in the same corporation being represented after the
distribution by more shares of precisely the same character, and a stock dividend
where there either has been a change of corporate identity or a change in the nature of
the shares issued as dividends whereby the proportional interest of the shareholders
after the distribution is essentially different from his former interests. A stock
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

137

dividend constitutes income if it gives the shareholder an interest different from that
which his former stock holdings represented. A stock dividend does not constitute
income if the new shares confer no different rights or interests than did the old the
new certificates plus the old representing the same proportionate interest in the net
assets of the corporation as did the old.
SECTION 253. Sale of stock received as dividends. Stock issued by a
corporation, as a dividend, does not constitute taxable income to a stockholder in such
corporation, but gain may be derived or loss sustained by the stockholder, whether
individual or corporate, from the sale of such stock, which gain or loss will be treated
as arising from the sale or exchange of a capital asset. (See Section 34 of the Code.)
The amount of gain derived or loss sustained from the sale of such stock, or from the
sale of the stack with respect to which it is issued, shall be determined in accordance
with the following rules:
(a) Where the stock issued as dividend is all or substantially the same
character or preference as the stock upon which the stock dividend is paid, the cost of
each share (or when acquired prior to March 1, 1913, the fair market value as of such
date) will be the quotient of the cost (or such fair market value) of the old shares of
stock divided by the total number of the old and new shares.
(b) Where the stock issued as a dividend is in whole or in part of a character
or preference materially different from the stock upon which the stock dividend is
paid, the cost (and when acquired prior to March 1, 1913, the fair market value as of
such date) of the old shares of stock shall be divided between such old stock and the
new stock, in proportion, as nearly as may be, to the respective value of each class of
stock, old and new, at the time the new shares of stock are issued, and the cost (or
when acquired prior to March 1, 1913, the fair market value as of such date) of each
share of stock will be the quotient of the cost (or such fair market value as of March
1, 1913) of the class to which such share belongs divided by the number of shares in
that class.
(c) Where the stock with respect to which a stock dividend is issued was
purchased at different times and at different prices and the identity of the lots can. not
be determined, any sale of the original stock, will be charged to the earliest purchases
of such stock, and any sale of dividend stock issued with respect to such stock will be
presumed to have been made from the stock issued with respect to the earliest
purchased stock, to the amount of the dividend chargeable to such stock.
(d) Where the stock with respect to which a stock dividend is declared was
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

138

purchased at different times and at different prices, and the dividend stock issued with
respect to such stock can not be identified as having been issued with respect to any
particular lot of such stock, then any sale of such dividend stock will be presumed to
have been made from the stock issued with respect to the earliest purchased stock, to
the amount of the stock dividend chargeable to such stock.
SECTION 254. Declaration and subsequent redemption of a stock dividend.
A true stock dividend is not subject to tax on its receipt in the hands of the
recipient. Nevertheless, if a corporation, after the distribution of a stock dividend,
proceeds to cancel or redeem its stock at such time and in such manner as to make the
distribution and cancellation or redemption essentially equivalent to the distribution of
a taxable dividend, the amount received in redemption or cancellation of the stocks
shall be treated as a taxable dividend to the extent of the earnings or profits
accumulated by such corporation since March 1, 1913.
SECTION 255. Sources of distribution. For the purpose of income
taxation every distribution made by a corporation is made out of earnings or profits to
the extent thereof and from the most recently accumulated earnings or profits. In
determining the source of a distribution, consideration should be given first, to the
earnings or profits of the taxable year; second, to the earnings or profits accumulated
since February 28, 1913, only in the case where, and to the extent that, the
distribution made during the taxable year are not regarded as out of the earnings or
profits of the taxable year and all the earnings or profits accumulated since February
28, 1913, have been distributed; and, fourth, to sources other than earnings or profits
only after the earnings or profits have been distributed.
SECTION 256. Distribution in liquidation. In all cases where a
corporation (as defined in Section 84) distributes all of its property or assets in
complete liquidation or dissolution, the gain realized from the transaction by the
stockholder, whether individual or corporate, is taxable to the extent recognized in
Section 34(b) of the Code. For this purpose, the term "complete liquidation" includes
any one of a series of distributions made by a corporation in complete cancellation or
redemption of all of its stock in accordance with a bona fide plan of liquidation under
which the transfer of all the assets under liquidation is to be complete within a
reasonable time from the date of the first distribution, usually not to exceed one year
from the time of such first distribution. If the amount received by the stockholder in
liquidation is less than the cost or other basis of the stock, the loss in the transaction is
deductible to the extent allowed in Section 34(c) of the Code.
(Section 84 of the Code)
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

139

SECTION 257. Income and deductions of American citizens residing in the


Philippines. Under subsection (u) of Section 84, a citizen of the United States
residing in the Philippines, is taxable on income from sources both within and without
the Philippines, except income from sources within the United States. Accordingly,
items of deductions allocable to income of such taxpayer from sources within the
United States are not deductible from his income subject to Philippine income tax.
(Deemed repealed since our independence).
SECTION 258. Effective date. These regulations shall take effect upon
their promulgation in the Official Gazette.
(Promulgated February 11, 1941, XXXIX Off. Gaz., No. 18, page 325)
Recommended by:

BIBIANO L. MEER
Collector of Internal Revenue
MANUEL ROXAS
Secretary of Finance
SUPPLEMENT A WITHHOLDING ON WAGES
(Articles 1 to 9 will be found after Section 84 of the Code)

Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

140

Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

141

Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

142

Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

143

Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

144

Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

145

APPENDIX CCC
Subject

Tax exemptions of (1) all donations and grants to the Philippine


Inventors Commission and (2) the manufacture of local inventions

The Law

Republic Act No. 3850 (Excerpts)

SEC. 1.

This Act shall be known and cited as the "Philippine Inventors Incentives

Act."
SEC. 9.
All donations and grants to the Commission shall be tax-exempt
and deductible in full from the donor's income tax returns when evidenced by a certificate duly
issued by the Commissioner. Any person who evades or defeats, or attempts to evade or
defeat in any manner any tax imposed by law by availing himself of the provisions of this
section through fraud or misrepresentation shall be punished by a fine of not more than five
thousand pesos or imprisonment not exceeding one year or both, in the discretion of the
court. In case the violator is a corporation or association, the president or general manager
thereof shall be criminally liable without prejudice to the criminal responsibility of the
member, officer or employee thereof committing such violation.
SEC. 10.
To promote and encourage the manufacture of local inventions, they shall
be exempted from all kinds of taxes, licenses and permits during the first five years from the
date of the grant of the letters of patent: Provided, That their capitalization does not exceed
fifty thousand pesos: And provided, further, That their manufacture is carried out by the
inventor himself as a home industry.
SEC. 15.

This Act shall take effect upon its approval.

Approved, April 13, 1964.


APPENDIX DDD
Subject

Tax and other exemptions of "naphtha" in certain cases, for five


years from January 1, 1965 to December 31, 1969

The Law

Republic Act No. 4068

SEC. 1.
Any provision of law to the contrary notwithstanding, any person,
partnership, company or corporation engaged or which shall engage in the manufacture of
chemical products, including the direct reduction of iron ore shall be entitled to exemption
from the payment of special import tax, specific tax, fees, dues, customs duties and all other
taxes of whatever nature or description, payable by such person, partnership, company or
corporation in respect to their local purchase and importation of naphtha when used as a
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

146

feedstock or raw material in chemical industries and the direct reduction of iron ore and only
when, in the course of such manufacture, its chemical structure is changed: Provided,
however, That naphtha when used as a fuel, solvent, lubricant, feedstock for petroleum
refineries or for other purposes, is subject to the corresponding taxes, dues and customs
duties: Provided, further, That the exemption from the special import tax, specific tax, fees,
dues and customs duties and all other taxes of whatever nature and description on such
naphtha shall be made only when the Department of Finance, after investigation, finds that the
following concur:
(a)

Naphtha sought to be exempted has the following specifications:


Gravity, API
Distillation, ASTM, F
Total Sulfur, wt. %
Unsaturates, vol. %
Aromatics, vol. %

60 to 88
80 to 450
0.01 to 0.2
trace to 1.0
trace to 30

(b) It will be used directly and exclusively as feedstock or raw material and that, in
the course of manufacture, its chemical structure is changed.
(c) It will be stored separately and such storage shall be provided with facilities to
measure or record the quantity of naphtha used as raw material or feedstock.
(d) The shipping and other supporting documents covering the local purchase or
importation are in the name of the tax-exempt firm to whom the goods shall be delivered
directly.
SEC. 2.
Any person, partnership, company or corporation eligible to tax
exemption privileges under the preceding section and enjoying tax exemption privileges on its
local purchase and importations of raw materials under other existing laws, shall not enjoy tax
exemption privileges under this Act without relinquishing its tax exemption privileges under
other existing laws insofar as its local purchase and importations of naphtha are concerned.
SEC. 3.
The Department of Finance shall promulgate the rules and regulations
necessary for the implementation of this Act: Provided, That any violation of this Act or of
the rules and regulations issued in accordance with this section, and any misrepresentation of
any essential fact required by said rules, shall subject the offender to cancellation of his
exemption privilege and to the payment of double the duties and taxes involved; and to
imprisonment of not less than two nor more than four years and a fine of not less than ten
thousand pesos nor more than twenty thousand pesos. Where the offender is a partnership,
corporation or other entity, the president, manager or person in charge thereof shall be
criminally responsible therefor and, in the case of an alien, he shall be ordered deported.
SEC. 4.
Copyright 2014

All existing laws, executive orders, and administrative rules and

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

147

regulations or parts thereof, which are inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.
SEC. 5.
This Act shall be effective for a period of five years beginning January
first, nineteen hundred sixty-five to December thirty-first, nineteen hundred sixty-nine.
Approved, June 18, 1964.
APPENDIX EEE
Subject

Exemption from duties and taxes of certain importations by the


textile industry, subject to specified conditions

The Law

Republic Act No. 4086 (Excerpts)

SEC. 2.
Period of non-payment of duties and taxes. Any person, partnership,
company or corporation covered by this Act shall be excluded from the payment of duties and
taxes as follows:
(a) One hundred per centum of the taxes and duties due during the period from the
date of the approval of this Act up to December thirty-first, nineteen hundred sixty-six;
(b) Seventy-five per centum of the taxes and duties due during the period from
January first, nineteen hundred sixty-eight;
(c) Fifty per centum of the taxes and duties due during the period from January first
to December thirty-first, nineteen hundred seventy;
(e) On or after January first, nineteen hundred seventy-one all taxes and duties shall
be paid in full.
SEC. 4.
All textile manufacturers who register under this Act shall, in lieu of the
taxes herein exempted, be assessed and shall pay a special tax of one per centum of their gross
sales as defined by the National Internal Revenue Code, to be paid in the same manner and at
the same time and subject to the same penalties and surcharges as the sales-tax, which shall
constitute a Special Textile Research Fund, to be disposed of and disbursed by the National
Science Development Board for research, experiment and study in such projects as, in its
judgment, will contribute to the local growth, production or manufacture of raw materials
needed by the industry; and to the improvement or invention of machinery equipment
processes or production methods for the industry.
SEC. 5.
Any person, partnership, company or corporation eligible to tax
exemption privileges under this Act and enjoying tax exemption under other existing laws
Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

148

shall not enjoy tax exemption privileges under this Act.


SEC. 8.

This Act shall take effect upon its approval.

Approved, June 18, 1964.


APPENDIX FFF
Subject

Tax exemption of private development banks

The Law

Republic Act No. 4043 (Excerpts)

SEC. 1.

This Act shall be known as "The Private Development Bank's Act."

SEC. 10.
All existing private development banks shall be totally exempted from the
payment of income and gross receipts taxes for a period of three (3) years after the effectivity
of this Act. Thereafter, they shall be taxed on a gradually increasing basis of twenty-five
percent (25%) per year for the next succeeding four (4) years after the end of which period
they shall pay all taxes in full. Those banks that may be established within three (3) years from
the date of effectivity of this Act, shall be totally exempted from income and gross receipts
taxes for three years from the date off their organization. Thereafter they shall be taxed on a
gradually increasing basis of twenty-five per cent (25%)) per year for the next succeeding four
(4) years after the end of which period they shall pay all such taxes in full.
SEC. 19.

This Act shall take effect upon its approval.

Approved, June 19, 1964.


APPENDIX GGG
Subject

Limitation in the tariff or taxes that may be imposed on importation


of high grade foreign leaf tobacco

The Law

Republic Act No. 4155 (Excerpts)

SEC. 4.
Importation of foreign leaf tobacco only for blending purposes. .
. . : Provided, further, That no other tariff or taxes shall be imposed on high grade foreign leaf
tobacco so imported except an amount equivalent to one hundred per centum; of its landed
cost.
SEC. 10.

Effectivity. This Act shall take effect upon its approval.

Approved, June 20, 1964.

Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

149

APPENDIX HHH
THE INTERNAL REVENUE LAWS PRIOR TO THEIR CODIFICATION IN 1939
Citations of the sources or patterns of the original provisions of the Code, as found
mostly in Volume II of the Report of the Tax Commission, tabulated section by section.
Sources or Patterns of the Original Provisions of the
Code as found mostly in the Report of the
Tax Commission, Volume II.
(1)
Sections of
the Code

(2)
Sections of
the Report 2

(3)
Sections of the
Adm. Code 3

1420

1421

1423

1424,

1425

1426

1427

1428

1429

10

1430

11

10

1431

12

11

1432

13

12

1433

14

13

1434

15

14

1435,

16

15

1436

Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

(4)
Other Sources or Patterns

as amended by Acts Nos. 2819, 2833 and 2835

as amended by SEC. 1 of Act No. 2892

Philippine Taxation Encyclopedia First Release 2014

150

17

16

1437

18

17

1438,

19 to 84

18 to 83

as amended by SEC. 2 of Act No. 2819


Act of the U. S. Congress of October 3, 1913
(in force from March 1, 1913 to December 31,
1915)
Act of the U. S. Congress of September 8, 1916
(in force from January 1, 1916 to December 31,
1918)
Act No. 2833 of the Philippine Legislature
(in force from January 1, 1919 to December 31,
1919)
Act No. 2926 of the Philippine Legislature (in
force from January 1, 1920 to December 31,
1935)
Commonwealth Act No. 117 (in force from
January 1, 1936 to December 31, 1938)

85

84

86

85

1536,

87

86

1541

88

87

89

88

1538

90

89

1543

91

90

1542

92

91

93

92

94

93

95

94

96

95

No citation

97

96

No citation

Copyright 2014

No citation
as amended by SEC. 10, Act No. 2835, sec. 1
Act No. 3031; and sec. 1, Commonwealth
Act No. 106

Section 302 of the U. S. Revenue Act 1926, as amended


by SEC. 401 of the Revenue Act of 1934 and by
sec. 805 of the Revenue Act of 1936
and 1539, as amended by secs. 1 and 2, respectively, of
Act No. 3606

No citation
1544
No citation
1545

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

151

98

97

No citation

99

98

No citation

100

99

No citation

101

100

No citation

102

101

No citation

103

102

1546

104

103

1547

105

104

1548

106

105

1537,

107

106

2739

108 to 122

107 to 121

as amended by section II of Act No. 2835

No citation

123

122

1478

124

123

1479

125

124

1480

126

125

1482

127

126

1483

128

127

1484

128-A

No citation

129

128

1485,

130

129

1488

131

130

1489

132

131

1491,

as amended by section 2 of Act No. 2733

133

132

1481,

as amended by section 2 of Act No. 2925

134

133

1486,

as amended by section 3 of Act No. 2925

135

134

1487,

as amended by section 4 of Act No. 2925

136

135

1490

137

137

1492

138

138

1493,

139

139

Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

as amended by section 1 of Act No. 2733

as amended by section 1 of Act No. 2775


No citation
Philippine Taxation Encyclopedia First Release 2014

152

140

140

141

142

1494

142

143

1495

143

144

1496

144

145

No citation

145

146

No citation

146

147

1497

147

148

1498

148

149

1498-A

149

151

1553

150

152

1554

151

153

1555

152

154

1556

153

155

1557

154

156

1558

155

157

1559

156

158

1560

157

159

1561

158

160

1562

159

161

1563

160

162

1564

161

163

1565

162

164

1566

163

165

1567

164

166

1568

165

167

1569

166

168

1470

167

169

1571

168

170

1572

Copyright 2014

No citation

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

153

169

171

1573

170

172

2721

171

173

2724

172

174

2725

173

175

2726

174

176

2727

175

177

2728,

176

178

2730

177

179

2736

178

180

1453

179

181

1454

180

182

1455

181

183

1456

182

184

1457,

183

185

1458

184

186

1459

185

191

No citation

as amended by SECTION 2 of Commonwealth Act 207

as amended by Commonwealth Act No. 243

185-A

No citation

186

No citation

186-A

No citation

187

No citation

188

No citation

189

No citation

190

189

191

193

1462

192

194

1463

193

195

1464

194

196

1465

195

197

1466

Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

154

196

198

1468

197

199

1469

198

200

1470

199

201

1471

200

202

1472

201

203

1473

202

204

1474

203

205

1449

204

206

205

207

1550

206

208

1551

207

209

1552

208

210

2722

209

211

2723

210

212

1449

211

213

1449 (a)

212

124

1449 (b)

213

215

1449 (c)

214

216

1449 (d)

215

127

1949 (e)

216

218

1449 (f)

217

219

1449 (g)

218

220

1449 (h)

219

221

1449 (i)

220

222

1449 (j)

221

223

1449 (k)

222

224

1449 (l)

223

225

1449 (m)

224

226

1449 (n)

Copyright 2014

No citation

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

155

225

227

1449 (o)

226

228

1449 (p)

227

229

1449 (q)

228

230

1449 (s)

229

231

1449 (t)

230

232

1449 (u)

231

233

1449 (v)

232

234

1449 (w)

233

235

1449 (x)

234

236

1449 (y)

235

237

1449 (z)

236

238

1450

237

239

1451,

as amended by sec. 2 of Act No. 3047

238

240

1452,

as amended by sec. 2 of Act No. 2834

239

241

2721

240

242

2720

241

243

No citation

242

244

Section 3 of Act No. 2719, as amended by


sec. 1 of Act No. 3516
Section 79 of Commonwealth Act No. 137

243

245

No citation

244

246

Sections 79 and 88 of Commonwealth Act No. 137

245

247

No citation

246

248

No citation

247

249

No citation

248

250

No citation

249

251

1499,

250

252

1500

251

253

1501

Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

as amended by sec. 1 of Act No. 3199

Philippine Taxation Encyclopedia First Release 2014

156

252

254

1502

253

255

1503

254

256

1504

255

257

1505

256

258

1506

257

259

1507

258

260

259

261

260

262

Section 192 of Act No. 2427, as amended by section 2


of Act. No. 2648 and section 4 of Act No. 3575
1508
Section 1 of Commonwealth Act No. 128

260-A

No citation

260-B

No citation

260-C

No citation

261

263

262

264

1509

263

265

1510

264

266

1511

265

267

1512

266

268

1513

267

269

1514

268

270

1515

269

271

1516

270

272

1517

271

273

1518

272

274

1519

273

275

1520

274

276

1521

275

277

1522

276

278

1523

Copyright 2014

Section 2 of Commonwealth Act No. 128

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

157

277

279

1524

278

280

1525

279

281

1526

280

282

1527

281

283

1528

282

284

1529

283

285

1530

284

286

1531

285

287

1532

286

288

1533

287

289

2732

298

290

2733

289

291

2734

290

292

Section 1 of Act No. 3097

291

293

Section 2 of Act No. 3097

292

294

Section 3 of Act No. 3097, as amended by


Commonwealth Act No. 195

293

295

Section 4 of Act No. 3097

294

296

Section 5 of Act No. 3097

295

297

Section 6 of Act No. 3097

296

298

Section 3 of Act No. 3997

297

299

Section 4 of Act No. 3997, as amended by


Commonwealth Act No. 341

298

300

Section 5 of Act No. 3997, as amended by


Commonwealth Act No. 341

299

301

Section 2 of Act No. 3997

300

302

Section 6 of Act No. 3997, as amended by


Commonwealth Act No. 341

301

303

Section 7 of Act No. 3997, as amended by


Commonwealth Act No. 341

Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

158

302

304

Section 8 of Act No. 2613

303

305

Section 22 of Act No. 2152 (Irrigation Act)

304

306

Section 23 of Act No. 2152 (Irrigation Act)

305

307

1578

306

308

1579

307

309

1580

308

310

1581

309

311

1582

310

312

1583

311

313

1584

312

314

1585

313

315

1586

314

316

1587

315

317

1588

316

318

1589

317

319

318

320

1590

319

321

1591

320

322

1591

321

323

1592

322

324

1593

323

325

1594

324

326

1595

325

327

1596

326

328

1597

327

329

1598

328

330

1599

329

331

1600

Copyright 2014

and Section 3226 of the U.S. Revised Statutes, as


amended by the Revenue Act of 1932

No citation

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

159

330

332

331

333

Section 275 of the U. S. Revenue Act of 1938

332

334

Section 276 of the U. S. Revenue Act of 1938

333

335

Section 277 of the U. S. Revenue Act of 1938

334

336

Section 1 of Act No. 3292 (Bookkeeping Law)

335

337

Section 1 of Act No. 3292 (Bookkeeping Law)

336

338

Section 2 of Act No. 3292 (Bookkeeping Law)

337

339

Section 4 of Act No. 3292 (Bookkeeping Law)

338

340

No citation

339

341

1574

340

342

1575

341

343

1576

342

344

1577

343

345

No citation

344

346

No citation

345

347

2714

346

348

2715

347

349

2716

348

350

2717

349

351

2731

350

352

No citation

351

353

No citation

352

354

353

355

No citation

354

356

Section 2 of Act No. 3326

355

357

No citation

356

358

2738

357

359

485

358

360

486

Copyright 2014

1601

2741

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

160

1
2
3

359

361

488

360

362

389,

361

363

1495

362

364

490

363

365

491

364

366

492

365

367

494

366

368

495

367

369

498

368

370

497

369

371

Laws repealed

370

372

Section 32 of Act No. 2833

371

373

Effective date

as amended by sec. 27 of Act No. 2833

Commonwealth Act No. 466.


Report of the Tax Commission, Volume II.
Act No. 2711 (Revised Administrative Code of the Philippines)

Copyright 2014

CD Technologies Asia, Inc. and Accesslaw, Inc.

Philippine Taxation Encyclopedia First Release 2014

161