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Section 23.

General Principles of Income citizen of the Philippines who is residing outside


Taxation in the Philippines. - Except when of the Philippines including overseas contract
otherwise provided in this Code: workers referred to in Subsection(C) of Section
23 hereof; and
(A) A citizen of the Philippines residing therein is
taxable on all income derived from sources (c) On the taxable income defined in Section 31
within and without the Philippines; of this Code, other than income subject to tax
(B) A nonresident citizen is taxable only on under Subsections (b), (C) and (D) of this
income derived from sources within the Section, derived for each taxable year from all
Philippines; sources within the Philippines by an individual
(C) An individual citizen of the Philippines who is alien who is a resident of the Philippines.
working and deriving income from abroad as an
overseas contract worker is taxable only on The tax shall be computed in accordance with
income derived from sources within the and at the rates established in the following
Philippines: Provided, That a seaman who is a schedule:
citizen of the Philippines and who receives
compensation for services rendered abroad as a For married individuals, the husband and wife,
member of the complement of a vessel engaged subject to the provision of Section 51 (D) hereof,
exclusively in international trade shall be treated shall compute separately their individual income
as an overseas contract worker; tax based on their respective total taxable
(D) An alien individual, whether a resident or not income: Provided, That if any income cannot be
of the Philippines, is taxable only on income definitely attributed to or identified as income
derived from sources within the Philippines; exclusively earned or realized by either of the
(E) A domestic corporation is taxable on all spouses, the same shall be divided equally
income derived from sources within and without between the spouses for the purpose of
the Philippines; and determining their respective taxable income.
(F) A foreign corporation, whether engaged or
not in trade or business in the Philippines, is Provided, That minimum wage earners as
taxable only on income derived from sources defined in Section 22(HH) of this Code shall be
within the Philippines. exempt from the payment of income tax on their
taxable income: provided, further, That the
CHAPTER III - TAX ON INDIVIDUALS holiday pay8 received by such minimum wage
Section 24. Income Tax Rates. earners shall likewise be exempt from income
tax.
(A) Rates of Income Tax on Individual Citizen
and Individual Resident Alien of the Philippines. (b) Rate of Tax on Income of “Purely Self-
employed Individuals and/ or Professionals
(1) An income tax is hereby imposed: Whose Gross Sales or Gross Receipts and
Other Non-operating Income Does Not Exceed
(a) On the taxable income defined in Section 31 the Value-added Tax (VAT) Threshold9 as
of this Code, other than income subject to tax Provided in Section 109(BB).—
under Subsections (B), (C) and (D) of this
Section, derived for each taxable year from all Who: Self- employed individuals and/or
sources within and without the Philippines be professionals
every individual citizen of the Philippines residing
therein; Option:

(b) On the taxable income defined in Section 31 1. Avail of an eight percent (8%) tax on gross
of this Code, other than income subject to tax sales or gross receipts and other non-operating
under Subsections (B), (C) and (D) of this income in excess of Two hundred fifty thousand
Section, derived for each taxable year from all pesos (₱250,000)
sources within the Philippines by an individual
Or graduated income tax rates and the shall be imposed a final tax of ten percent
percentage tax (10%);
5. prizes
(c) Rate of Tax for Mixed Income Earners. — except prizes amounting to Ten thousand
pesos (₱10,000) or less which shall be
Who: Taxpayers earning both compensation subject to tax under Subsection (A) of
income and income from business or practice of Section 24;
profession 6. and other winnings
(except winnings amounting to Ten
They shall be subject to the following taxes: thousand pesos (₱10,000) or less from
Philippine Charity Sweepstakes and Lotto
1) All Income from Compensation – The which shall be exempt),
graduated income tax rates
Note: derived from sources within the Philippines
(2) All Income from Business or Practice of
Profession – final income tax at the rate of fifteen percent
(15%) of:
(a) If Total Gross Sales and/or Gross Receipts
and Other Non-operating Income Do Not Exceed 1. interest income received by an individual
the VAT Threshold— taxpayer (except a nonresident individual) from a
depository bank under the expanded foreign
The graduated income tax rates currency deposit system

or eight percent (8%) income tax based on gross Exempt from the tax imposed under this
sales or gross receipts and other non-operating Subsection:
income in lieu of the graduated income tax rates
1. interest income from long-term deposit or
b) If Total Gross Sales and/or Gross Receipts investment in the form of savings, common or
and Other Non-operating Income Exceeds the individual trust funds, deposit substitutes,
VAT Threshold.— investment management accounts
2. other investments evidenced by certificates in
The graduated income tax rates such form prescribed by the Bangko Sentral ng
Pilipinas (BSP)

(B) Rate of Tax on Certain Passive Income. Should the holder of the certificate pre-
terminate the deposit or investment before
(1) Interests, Royalties, Prizes, and Other the fifth (5th) year:
Winnings.—
A final tax shall be imposed on the entire
A final tax at the rate of twenty percent (20%) income and shall be deducted and withheld by
is hereby imposed upon: the depository bank from the proceeds of the
long-term deposit or investment certificate based
1. the amount of interest from any currency bank on the remaining maturity thereof:
deposit and yield
2. any other monetary benefit from deposit Four (4) years to less than five (5) years - 5%;
substitutes Three (3) years to less than (4) years - 12%; and
3. from trust funds and similar arrangements; Less than three (3) years - 20%
4. royalties
except on books, as well as other literary (2) Cash and/or Property Dividends.—
works and musical compositions, which
A final tax at the rate of ten percent (10%) shall
be imposed:
1. Cash and/or property dividends actually or 2. pacto de retro sales and other forms of
constructively received by an individual from: conditional sales, by individuals, including
estates and trusts
 a domestic corporation or
 from a joint stock company, Tax base: gross selling price or current fair
 insurance or mutual fund companies and market value whichever is higher, is hereby:
 regional operating headquarters of
multinational companies, or Tax liability on gains from sales or other
dispositions of real property to the government or
2. the share of an individual in the distributable any of its political subdivisions or agencies or to
net income after tax of a partnership (except a government-owned or controlled corporations
general professional partnership) of which he is shall be determined:
a partner, or
either under Section 24 (A) or under this
3. the share of an individual in the net income Subsection, at the option of the taxpayer.
after tax of an association, a joint account, or a
joint venture or consortium taxable as a (2) Exception to CGT. –
corporation of which he is a member or co-
venturer. What: Capital gains presumed to have been
realized
Six percent (6%) beginning January 1, 1998; From: the sale or disposition of their principal
Eight percent (8%) beginning January 1, 1999; residence by natural persons,
Ten percent (10% beginning January 1, 2000.
Rqsts:
(C) Capital Gains from Sale of Shares of Stock
not Traded in the Stock Exchange. – 1. The proceeds is fully utilized in acquiring or
constructing a new principal residence within
A final tax at the rate of fifteen percent (15%): eighteen (18) calendar months from the date of
sale or disposition,
The net capital gains realized during the taxable 2. the historical cost or adjusted basis of the real
year from the sale, barter, exchange or other property sold or disposed shall be carried over to
disposition of shares of stock in a domestic the new principal residence built or acquired:
corporation, 3. the Commissioner shall have been duly
notified by the taxpayer within thirty (30) days
EXCEPT: shares sold, or disposed of through from the date of sale or disposition through a
the stock exchange. prescribed return of his intention to avail of the
tax exemption herein mentioned:
4. the said tax exemption can only be availed of
(D) Capital Gains from Sale of Real Property. - once every ten (10) years:
5. if there is no full utilization of the proceeds of
(1) In General. – sale or disposition, the portion of the gain
presumed to have been realized from the sale or
A final tax of six percent (6%) disposition shall be subject to capital gains tax.

Imposed upon capital gains presumed to have For this purpose, the gross selling price or fair
been realized from the: market value at the time of sale, whichever is
higher, shall be multiplied by a fraction which the
1. sale, exchange, or other disposition of real unutilized amount bears to the gross selling price
property located in the Philippines, classified as in order to determine the taxable portion and the
capital assets, tax prescribed under paragraph (1) of this
Subsection shall be imposed thereon.
Section 25. Tax on Nonresident Alien Individual. account, or a joint venture taxable as a
corporation of which he is a member or a co-
(A) Nonresident Alien Engaged in trade or venturer;
Business Within the Philippines. -
5. interests;
(1) In General. –
6. royalties (in any form);
Who: A nonresident alien individual engaged in
trade or business in the Philippines 7. prizes
except prizes amounting to Ten thousand
Shall be subject to an income tax in the same pesos (P10,000) or less which shall be
manner as an individual citizen and a subject to tax under Subsection (B)(1) of
resident alien individual, on taxable income Section 24)
received from all sources within the
Philippines. 8. other winnings
(except Philippine Charity Sweepstakes
A nonresident alien individual who shall come to and Lotto winnings);
the Philippines and stay therein:
final tax of ten percent (10%) on the total
for an aggregate period of more than one amount thereof:
hundred eighty (180) days during any calendar
year shall be deemed a 'nonresident alien doing 1. royalties on books as well as other literary
business in the Philippines'. works, and royalties on musical compositions

(2) Cash and/or Property Dividends from a exempt from the tax imposed under this
Domestic Corporation or Joint Stock Company, Subsection:
or Insurance or Mutual Fund Company or
Regional Operating Headquarter or Multinational 1. Interest income from long-term deposit or
Company, or Share in the Distributable Net investment in the form of savings, common or
Income of a Partnership (Except a General individual trust funds, deposit substitutes,
Professional Partnership), Joint Account, Joint investment management accounts
Venture Taxable as a Corporation or
Association., Interests, Royalties, Prizes, and 2. other investments evidenced by certificates in
Other Winnings. – such form prescribed by the Bangko Sentral ng
Pilipinas (BSP)
Income tax of twenty percent (20%) on the
total amount Should the holder of the certificate pre-
terminate the deposit or investment before the
1. Cash and/or property dividends from a fifth (5th) year, a final tax shall be imposed on the
domestic corporation, or from a joint stock entire income and shall be deducted and
company, or from an insurance or mutual fund withheld by the depository bank from the
company or from a regional operating proceeds of the long-term deposit or investment
headquarter of multinational company, certificate based on the remaining maturity
thereof:
2. The share of a nonresident alien individual in Four (4) years to less than five (5) years 5%;
the distributable net income after tax of a
partnership (except a general professional Three (3) years to less than four (4) years 12%;
partnership) of which he is a partner, Less than three (3) years 20%.

3. the share of a nonresident alien individual in (3) Capital Gains. –


the net income after tax of an association, a joint
Capital gains realized from sale, barter or (C) Alien Individual Employed by Regional or
exchange of: Area Headquarters and Regional Operating
Headquarters of Multinational Companies.—
1. shares of stock in domestic corporations not
traded through the local stock exchange, and 1. There shall be levied, collected and paid
2. for each taxable year upon the gross income
2. Real properties 3. received by every alien individual employed by

Shall be subject to the tax prescribed  regional or area headquarters


under Subsections (C) and (D) of Section 24.  regional operating headquarters
established in the Philippines by
(B) Nonresident Alien Individual Not Engaged in multinational companies
Trade or Business Within the Philippines. –  Filipinos employed and occupying the
same position as those of aliens employed
1. There shall be levied, collected and paid by these multinational companies
2. For each taxable year
3. Upon the entire income received from all tax equal to fifteen percent (15%) of such
sources within the Philippines gross income:
4. By every nonresident alien individual not
engaged in trade or business within the as salaries, wages, annuities,
Philippines compensation, remuneration
other emoluments, such as honoraria and
A tax equal to twenty-five percent (25%) of such allowances, from such regional or area
income: headquarters and regional operating
headquarters,
1. as interest,
2. cash and/or property dividends, “(D) Alien Individual Employed by Offshore
3. rents, Banking Units.—
4. salaries,
5. wages, 1. There shall be levied, collected and paid for
6. premiums, each taxable year
7. annuities, 2. upon the gross income received by
8. compensation,
9. remuneration,  every alien individual employed by
10. emoluments, or offshore banking units established in the
11. other fixed or determinable annual or Philippines
periodic or casual gains,  Filipinos employed and occupying the
12. profits, and income, and same position as those of aliens
13. capital gains,. employed by these offshore banking
units.
Subject to the income tax prescribed under
Subsections (C) and (D) of Section 24: tax equal to fifteen percent (15%) of such
gross income:
Capital gains realized by a nonresident alien
individual not engaged in trade or business in the 1. as salaries, wages, annuities,
Philippines from compensation, remuneration and
2. other emoluments such as honoraria and
1. the sale of shares of stock in any domestic allowances, from such offshore banking
corporation and units,
2. real property
“(E) Alien Individual Employed by Petroleum subject to the income tax imposed under this
Service Contractor and Subcontractor.— Chapter. Persons engaging in business as
partners in a general professional partnership
1. An alien individual who is a permanent shall be liable for income tax only in their
resident of a foreign country separate and individual capacities. 1avvphil.ñet

2. but who is employed and assigned in the For purposes of computing the distributive share
Philippines of the partners, the net income of the partnership
3. by a foreign service contractor or by a foreign shall be computed in the same manner as a
service subcontractor engaged in petroleum corporation.
operations in the Philippines and Each partner shall report as gross income his
4. a Filipino employed and occupying the same distributive share, actually or constructively
position as an alien employed by petroleum received, in the net income of the partnership.
service contractor and subcontractor.
CHAPTER IV - TAX ON CORPORATIONS
tax of fifteen percent (15%) of:
Section 27. Rates of Income tax on Domestic
 the salaries, wages, annuities, Corporations.
compensation, remuneration
 other emoluments, such as honoraria and (A) In General. –
allowances, received from such
contractor or subcontractor: income tax of thirty-five percent (32%) is hereby
imposed upon:
“Any income earned from all other sources within
the Philippines by the alien employees referred 1. the taxable income derived during each
to under Subsections (C), (D), and (E) hereof taxable year
shall be subject to the pertinent income tax, as 2. from all sources within and without the
the case may be, imposed under this Code. Philippines
3. by every corporation, as defined in
“(F) The preferential tax treatment provided in Section 22(B) of this Code and taxable
Subsections (C), (D), and (E) of this Section shall under this Title as a corporation,
4. organized in, or existing under the laws of
not be applicable to the Philippines

1. regional headquarters (RHQs), In the case of corporations adopting the fiscal-


2. regional operating headquarters year accounting period, the taxable income shall
(ROHQs), offshore banking units (OBUs) be computed without regard to the specific date
or when specific sales, purchases and other
3. petroleum service contractors and transactions occur. Their income and expenses
subcontractors registering with the for the fiscal year shall be deemed to have been
Securities and Exchange Commission earned and spent equally for each month of the
(SEC) after January 1, 2018: period.

Existing RHQs/ROHQs, OBUs or petroleum The reduced corporate income tax rates shall be
service contractors and subcontractors presently applied on the amount computed by multiplying
availing of preferential tax rates for qualified the number of months covered by the new rates
employees shall continue to be entitled to avail within the fiscal year by the taxable income of the
of the preferential tax rate for present and future corporation for the period, divided by twelve.
qualified employees.
fifteen percent (15%) of gross income
Section 26. Tax Liability of Members of General
Professional Partnerships. - A general
professional partnership as such shall not be
1. The President, upon the recommendation of In the case of taxpayers engaged in the sale of
the Secretary of Finance, service, 'gross income' means gross receipts
2. may allow corporations the option to be taxed less sales returns, allowances and discounts.
at (15%) after the following conditions have been
satisfied: (B) Proprietary Educational Institutions and
Hospitals. –
(1) A tax effort ratio of twenty percent (20%) of
Gross National Product (GNP); Ten percent (10%) on their taxable income
(2) A ratio of forty percent (40%) of income tax
collection to total tax revenues; Proprietary educational institutions and hospitals
(3) A VAT tax effort of four percent (4%) of which are nonprofit
GNP; and
(4) A 0.9 percent (0.9%) ratio of the 32% of entire taxable income
Consolidated Public Sector Financial Position
(CPSFP) to GNP. 1. if the gross income from unrelated trade,
business or other activity
The option to be taxed based on gross income 2. exceeds fifty percent (50%) of the total gross
shall be available only to firms whose ratio of income derived by such educational institutions
cost of sales to gross sales or receipts from all or hospitals from all sources, the tax prescribed
sources does not exceed fifty-five percent in Subsection (A) hereof shall be imposed on the
(55%). entire taxable income.

The election of the gross income tax option by Unrelated trade, business or other activity' - any
the corporation shall be irrevocable for three (3) trade, business or other activity, the conduct of
consecutive taxable years during which the which is not substantially related to the exercise
corporation is qualified under the scheme. or performance by such educational institution or
hospital of its primary purpose or function.
For purposes of this Section, the term 'gross
income' derived from business shall be 'Proprietary educational institution' - any private
equivalent to gross sales less sales returns, school maintained and administered by private
discounts and allowances and cost of goods individuals or groups with an issued permit to
sold. "Cost of goods sold' shall include all operate from the Department of Education,
business expenses directly incurred to produce Culture and Sports (DECS), or the Commission
the merchandise to bring them to their present on Higher Education (CHED), or the Technical
location and use. Education and Skills Development Authority
(TESDA), as the case may be, in accordance
For a trading or merchandising concern, 'cost of with existing laws and regulations.
goods' sold shall include the invoice cost of the
goods sold, plus import duties, freight in (C) Government-owned or -Controlled
transporting the goods to the place where the Corporations, Agencies or Instrumentalities.—
goods are actually sold, including insurance
while the goods are in transit. income tax of thirty-five percent (32%)
All corporations, agencies, or instrumentalities
For a manufacturing concern, 'cost of goods owned or controlled by the Government,
manufactured and sold' shall include all costs of
production of finished goods, such as raw Exempted from tax
materials used, direct labor and manufacturing
overhead, freight cost, insurance premiums and 1. Government Service Insurance System
other costs incurred to bring the raw materials to (GSIS),
the factory or warehouse. 2. Social Security System (SSS),
3. Philippine Health Insurance Corporation
(PHIC), and
4. local water districts 3. other depository banks under the expanded
foreign currency deposit system,
“(D) Rates of Tax on Certain Passive Incomes.— 4. interest income from foreign currency loans
granted by such depository banks under said
“(1) Interest from Deposits and Yield or any other expanded foreign currency deposit system to
Monetary Benefit from Deposit Substitutes and residents
from Trust Funds and Similar Arrangements, and
Royalties.— exempt from income tax.

A final tax at the rate of twenty percent (20%) 1. Any income of nonresidents,
2. whether individuals or corporations,
1. amount of interest on currency bank deposit 3. from transactions with depository banks
and yield or any other monetary benefit from
deposit substitutes and from trust funds and (4) Intercorporate Dividends. - Dividends
similar arrangements received by domestic received by a domestic corporation from another
corporations, domestic corporation shall not be subject to tax.
2. royalties derived from sources within the
Philippines: (5) Capital Gains Realized from the Sale,
Exchange or Disposition of Lands and/or
final income tax at the rate of fifteen percent Buildings. - A final tax of six percent (6%) is
(15%) of such interest income. hereby imposed on the gain presumed to have
been realized on the sale, exchange or
1. interest income derived by a domestic disposition of lands and/or buildings which are
corporation from a depository bank under the not actually used in the business of a corporation
expanded foreign currency deposit system and are treated as capital assets, based on the
gross selling price of fair market value as
“(2) Capital Gains from the Sale of Shares of determined in accordance with Section 6(E) of
Stock Not Traded in the Stock Exchange.— this Code, whichever is higher, of such lands
and/or buildings.
A final tax at the rate of fifteen percent (15%)
(E) Minimum Corporate Income Tax on Domestic
1. net capital gains realized during the taxable Corporations. -
year
2. from the sale, exchange or other disposition of (1) Imposition of Tax. –
shares of stock in a domestic corporation
3. except shares sold or disposed of through the A minimum corporate income tax of 2% of the
stock exchange. gross income

(3) Tax on Income Derived under the Expanded 1. imposed on a corporation taxable
Foreign Currency Deposit System. – 2. beginning on the fourth taxable year
3. immediately following the year in which such
final income tax at the rate of ten percent corporation commenced its business operations,
(10%) of such income 4. when the minimum income tax is greater than
NCIT
1. Income derived by a depository bank under
the expanded foreign currency deposit system (2) Carry Froward of Excess Minimum Tax. –
from foreign currency transactions with local
commercial banks, Any excess of the minimum corporate income
2. including branches of foreign banks that may tax over the normal income tax shall be:
be authorized by the Bangko Sentral ng Pilipinas
(BSP) to transact business with foreign currency 1. carried forward and
depository system units 2. credited against the normal income tax
3. for the three (3) immediately succeeding cost of services. 'Cost of services' shall mean all
taxable years. direct costs and expenses necessarily incurred
to provide the services required by the
(3) Relief from the Minimum Corporate Income customers and clients including (A) salaries and
Tax Under Certain Conditions. – employee benefits of personnel, consultants and
specialists directly rendering the service and (B)
The Secretary of Finance is hereby authorized to cost of facilities directly utilized in providing the
suspend the imposition of the minimum service such as depreciation or rental of
corporate income tax on any corporation which: equipment used and cost of supplies: Provided,
however, That in the case of banks, 'cost of
1. suffers losses services' shall include interest expense.
2. on account of prolonged labor dispute, or
because of force majeure, or because of Section 28. Rates of Income Tax on Foreign
legitimate business reverses. Corporations. -

The Secretary of Finance is hereby authorized to (A) Tax on Resident Foreign Corporations. -
promulgate, upon recommendation of the
Commissioner, the necessary rules and (1) In General. –
regulation that shall define the terms and
conditions under which he may suspend the A corporation organized, authorized, or existing
imposition of the minimum corporate income tax under the laws of any foreign country, engaged
in a meritorious case. in trade or business within the Philippines, shall
be subject to an income tax equivalent to thirty-
(4) Gross Income Defined. - For purposes of two percent (32%).
applying the minimum corporate income tax:
In the case of corporations adopting the fiscal-
'gross income' - gross sales less sales returns, year accounting period, the taxable income shall
discounts and allowances and cost of goods be computed without regard to the specific date
sold. when sales, purchases and other transactions
"Cost of goods sold' - include all business occur. Their income and expenses for the fiscal
expenses directly incurred to produce the year shall be deemed to have been earned and
merchandise to bring them to their present spent equally for each month of the period.
location and use.
The reduced corporate income tax rates shall be
For a trading or merchandising concern, 'cost of applied on the amount computed by multiplying
goods sold' shall include the invoice cost of the the number of months covered by the new rates
goods sold, plus import duties, freight in within the fiscal year by the taxable income of the
transporting the goods to the place where the corporation for the period, divided by twelve.
goods are actually sold including insurance while
the goods are in transit. a resident foreign corporation shall be granted
the option to be taxed at fifteen percent (15%)
For a manufacturing concern, cost of 'goods on gross income under the same conditions, as
manufactured and sold' shall include all costs of provided in Section 27 (A).
production of finished goods, such as raw
materials used, direct labor and manufacturing (2) Minimum Corporate Income Tax on Resident
overhead, freight cost, insurance premiums and Foreign Corporations. - A minimum corporate
other costs incurred to bring the raw materials to income tax of two percent (2%) of gross income,
the factory or warehouse. as prescribed under Section 27 (E) of this Code,
shall be imposed, under the same conditions, on
In the case of taxpayers engaged in the sale of a resident foreign corporation taxable under
service, 'gross income' means gross receipts paragraph (1) of this Subsection.
less sales returns, allowances, discounts and
(3) International Carrier. – 2. any interest income derived from foreign
currency loans granted to residents,
Two and one-half percent (2 1/2%) on its
'Gross Philippine Billings' exempt from income tax.

An international carrier doing business in the Any income of nonresidents, whether individuals
Philippines or corporations, from transactions with said
offshore banking units.
(a) International Air Carrier. –
(5) Tax on Branch Profits Remittances. –
'Gross Philippine Billings' - the amount of gross
revenue derived from carriage of persons, a tax of fifteen (15%) which shall be based on
excess baggage, cargo and mail originating from the total profits applied or earmarked for
the Philippines in a continuous and uninterrupted remittance without any deduction
flight, irrespective of the place of sale or issue
and the place of payment of the ticket or passage Any profit remitted by a branch to its head office
document:
Not be treated as branch profits unless the same
That tickets revalidated, exchanged and/or are effectively connected with the conduct of its
indorsed to another international airline form part trade or business in the Philippines:
of the Gross Philippine Billings if the passenger
boards a plane in a port or point in the Interests, dividends, rents, royalties, including
Philippines: remuneration for technical services, salaries,
wages premiums, annuities, emoluments or
That for a flight which originates from the other fixed or determinable annual, periodic or
Philippines, but transshipment of passenger casual gains, profits, income and capital gains
takes place at any port outside the Philippines on received by a foreign corporation during each
another airline, only the aliquot portion of the taxable year from all sources within the
cost of the ticket corresponding to the leg Philippines shall
flown from the Philippines to the point of
transshipment shall form part of Gross (6) Regional or Area Headquarters and Regional
Philippine Billings. Operating Headquarters of Multinational
Companies. –
(b) International Shipping. –
(a) Regional or area headquarters as defined in
'Gross Philippine Billings' - gross revenue Section 22(DD) shall not be subject to income
whether for passenger, cargo or mail originating tax.
from the Philippines up to final destination, (b) Regional operating headquarters as defined
regardless of the place of sale or payments of the in Section 22(EE) shall pay a tax of ten percent
passage or freight documents. (10%) of their taxable income.

(4) Offshore Banking Units. - The provisions of (7) Tax on Certain Incomes Received by a
any law to the contrary notwithstanding, Resident Foreign Corporation. –

final income tax at the rate of ten percent (a) Interest from Deposits and Yield or any other
(10%) of such income. Monetary Benefit from Deposit Substitutes, Trust
Funds and Similar Arrangements and Royalties.
1. Income derived by offshore banking units
authorized by the Bangko Sentral ng Pilipinas final income tax at the rate of twenty percent
(BSP) to transact business with offshore banking (20%) of such interest
units,
1. Interest from any currency bank deposit and
yield or any other monetary benefit from deposit (d) Intercorporate Dividends. - Dividends
substitutes and from trust funds and similar received by a resident foreign corporation from a
arrangements domestic corporation liable to tax under this
2. royalties derived from sources within the Code shall not be subject to tax under this Title.
Philippines
(B) Tax on Nonresident Foreign Corporation. -
final income tax at the rate of seven and one- (1) In General. –
half percent (7 1/2%) of such interest income.
a foreign corporation not engaged in trade or
interest income derived by a resident foreign business in the Philippines
corporation from a depository bank under the
expanded foreign currency deposit system thirty-two percent (32%) of the gross income
received during each taxable year from all
(b) Income Derived under the Expanded Foreign sources within the Philippines
Currency Deposit System. –
such as interests, dividends, rents, royalties,
final income tax at the rate of ten percent salaries, premiums (except reinsurance
(10%) of such income. premiums), annuities, emoluments or other fixed
or determinable annual, periodic or casual gains,
1. Income derived by a depository bank under profits and income, and capital gains, except
the expanded foreign currency deposit system capital gains subject to tax
from foreign currency transactions with local
commercial banks including branches of foreign (2) Nonresident Cinematographic Film Owner,
banks that may be authorized by the Bangko Lessor or Distributor. - A cinematographic film
Sentral ng Pilipinas (BSP) to transact business owner, lessor, or distributor shall pay a tax of
with foreign currency deposit system units, twenty-five percent (25%) of its gross income
2. interest income from foreign currency loans from all sources within the Philippines.
granted by such depository banks under said
expanded foreign currency deposit system to (3) Nonresident Owner or Lessor of Vessels
residents, Chartered by Philippine Nationals. - A
nonresident owner or lessor of vessels shall be
exempt from income tax. subject to a tax of four and one-half percent (4
1/2%) of gross rentals, lease or charter fees from
Any income of nonresidents, whether individuals leases or charters to Filipino citizens or
or corporations, from transactions with corporations, as approved by the Maritime
depository banks under the expanded system Industry Authority.
shall be
(4) Nonresident Owner or Lessor of Aircraft,
(c) Capital Gains from Sale of Shares of Stock Machineries and Other Equipment. - Rentals,
Not Traded in the Stock Exchange. - A final tax charters and other fees derived by a nonresident
at the rates prescribed below is hereby imposed lessor of aircraft, machineries and other
upon the net capital gains realized during the equipment shall be subject to a tax of seven and
taxable year from the sale, barter, exchange or one-half percent (7 1/2%) of gross rentals or
other disposition of shares of stock in a domestic fees.
corporation except shares sold or disposed of
through the stock exchange: (5) Tax on Certain Incomes Received by a
Not over Nonresident
5% Foreign Corporation. –
P100,000…………………
(a) Interest on Foreign Loans. - A final
On any amount in excess withholding
10% tax at the rate of twenty percent
of P100,000…… (20%) is hereby imposed on the amount of
interest on foreign loans contracted on or after (B) Tax on Corporations Subject to Improperly
August 1, 1986; Accumulated Earnings Tax. –

(b) Intercorporate Dividends. - A final withholding (1) In General. - The improperly accumulated
tax at the rate of fifteen percent (15%) is hereby earnings tax imposed in the preceding Section
imposed on the amount of cash and/or property shall apply to:
dividends received from a domestic corporation,
which shall be collected and paid as provided in a. every corporation formed or availed
Section 57 (A) of this Code, subject to the b. for the purpose of avoiding the income tax
condition that the country in which the with respect to its shareholders or the
nonresident foreign corporation is domiciled, shareholders of any other corporation,
shall allow a credit against the tax due from the c. by permitting earnings and profits to
nonresident foreign corporation taxes deemed to accumulate instead of being divided or
have been paid in the Philippines equivalent to distributed.
twenty percent (20%) for 1997, nineteen percent
(19%) for 1998, eighteen percent (18%) for 1999, (2) Exceptions. - The improperly accumulated
and seventeen percent (17%) thereafter, which earnings tax as provided for under this Section
represents the difference between the regular shall not apply to:
income tax of thirty-five percent (35%) in 1997,
thirty-four percent (34%) in 1998, and thirty-three (a) Publicly-held corporations;
percent (33%) in 1999, and thirty-two percent (b) Banks and other nonbank financial
(32%) thereafter on corporations and the fifteen intermediaries; and
percent (15%) tax on dividends as provided in (c) Insurance companies.
this subparagraph; (C) Evidence of Purpose to Avoid Income Tax. -

(c) Capital Gains from Sale of Shares of Stock (1) Prima Facie Evidence. - the fact that any
not Traded in the Stock Exchange. - A final tax corporation is a mere holding company or
at the rates prescribed below is hereby imposed investment company shall be prima facie
upon the net capital gains realized during the evidence of a purpose to avoid the tax upon its
taxable year from the sale, barter, exchange or shareholders or members.
other disposition of shares of stock in a domestic
corporation, except shares sold, or disposed of (2) Evidence Determinative of Purpose. – The
through the stock exchange: fact that:
Not over P100,000………………… 5%
a. the earnings or profits of a corporation
On any amount in excess of 10% b. are permitted to accumulate beyond the
P100,000…… reasonable needs of the business
c. shall be determinative of the purpose to
Section 29. Imposition of Improperly avoid the tax upon its shareholders or
Accumulated Earnings Tax. – members
d. unless the corporation, by the clear
(A) In General. - In addition to other taxes preponderance of evidence, shall prove to
imposed by this Title, there is hereby imposed for the contrary.
each taxable year on:
(D) Improperly Accumulated Taxable Income. -
ten percent (10%) of the improperly For purposes of this Section, the term
accumulated taxable income. 'improperly accumulated taxable income' means
taxable income' adjusted by:
improperly accumulated taxable income of each (1) Income exempt from tax;
corporation (2) Income excluded from gross income;
(3) Income subject to final tax; and
(4) The amount of net operating loss carry-over (F) Business league chamber of commerce, or
deducted; board of trade, not organized for profit and no
And reduced by the sum of: part of the net income of which inures to the
(1) Dividends actually or constructively paid; benefit of any private stock-holder, or individual;
and (G) Civic league or organization not organized
(2) Income tax paid for the taxable year. for profit but operated exclusively for the
Provided, however, That for corporations using promotion of social welfare;
the calendar year basis, the accumulated (H) A nonstock and nonprofit educational
earnings under tax shall not apply on improperly institution;
accumulated income as of December 31, 1997. (I) Government educational institution;
In the case of corporations adopting the fiscal (J) Farmers' or other mutual typhoon or fire
year accounting period, the improperly insurance company, mutual ditch or irrigation
accumulated income not subject to this tax, shall company, mutual or cooperative telephone
be reckoned, as of the end of the month company, or like organization of a purely local
comprising the twelve (12)-month period of fiscal character, the income of which consists solely of
year 1997-1998. assessments, dues, and fees collected from
members for the sole purpose of meeting its
(E) Reasonable Needs of the Business. - For expenses; and
purposes of this Section, the term 'reasonable (K) Farmers', fruit growers', or like association
needs of the business' includes the reasonably organized and operated as a sales agent for the
anticipated needs of the business. purpose of marketing the products of its
members and turning back to them the proceeds
Section 30. Exemptions from Tax on of sales, less the necessary selling expenses on
Corporations. - The following organizations shall the basis of the quantity of produce finished by
not be taxed under this Title in respect to income them;
received by them as such:
Notwithstanding the provisions in the preceding
(A) Labor, agricultural or horticultural paragraphs, the income of whatever kind and
organization not organized principally for profit; character of the foregoing organizations
(B) Mutual savings bank not having a capital from any of their properties, real or personal,
stock represented by shares, and cooperative or from any of their activities conducted for
bank without capital stock organized and profit regardless of the disposition made of such
operated for mutual purposes and without profit; income, shall be subject to tax imposed under
(C) A beneficiary society, order or association, this Code.
operating for the exclusive benefit of the
members such as a fraternal organization CHAPTER V - COMPUTATION OF TAXABLE
operating under the lodge system, or mutual aid INCOME
association or a nonstock corporation organized
by employees providing for the payment of life, “Sec. 31. Taxable Income Defined.— The term
sickness, accident, or other benefits exclusively ‘taxable income’ means the pertinent items of
to the members of such society, order, or gross income specified in this Code, less
association, or nonstock corporation or their deductions, if any, authorized for such types of
dependents; income by this Code or other special laws.”
(D) Cemetery company owned and operated
exclusively for the benefit of its members; CHAPTER VI - COMPUTATION OF GROSS
(E) Nonstock corporation or association INCOME
organized and operated exclusively for religious,
charitable, scientific, athletic, or cultural Section 32. Gross Income. -
purposes, or for the rehabilitation of veterans, no (A) General Definition. - Except when otherwise
part of its net income or asset shall belong to or provided in this Title, gross income means all
inures to the benefit of any member, organizer, income derived from whatever source, including
officer or any specific person; (but not limited to) the following items:
b. as well as gift, bequest, devise or descent
(1) Compensation for services in whatever form of income from any property, in cases of
paid, including, but not limited to fees, salaries, transfers of divided interest,
wages, commissions, and similar items; c. shall be included in gross income.
(2) Gross income derived from the conduct of
trade or business or the exercise of a (4) Compensation for Injuries or Sickness. –
profession;
(3) Gains derived from dealings in property; a. amounts received through Accident or
(4) Interests; Health Insurance or under Workmen's
(5) Rents; Compensation Acts,
(6) Royalties; b. as compensation for personal injuries or
(7) Dividends; sickness,
(8) Annuities; c. plus the amounts of any damages
(9) Prizes and winnings; received, whether by suit or agreement,
(10) Pensions; and on account of such injuries or sickness.
(11) Partner's distributive share from the net
income of the general professional partnership. (5) Income Exempt under Treaty. - Income of any
kind, to the extent required by any treaty
(B) Exclusions from Gross Income. - The obligation binding upon the Government of the
following items shall not be included in gross Philippines.
income and shall be exempt from taxation under
this title: (6) Retirement Benefits, Pensions, Gratuities,
etc.-
(1) Life Insurance. –
(a) Retirement benefits received under Republic
a. The proceeds of life insurance policies Act No. 7641 and
b. paid to the heirs or beneficiaries (b) those received by officials and employees of
c. upon the death of the insured, whether in private firms, whether individual or corporate, in
a single sum or otherwise, accordance with a reasonable private benefit
plan maintained by the employer:
if such amounts are held by the insurer under an
agreement to pay interest: the interest payments a. the retiring official or employee has been
shall be included in gross income. in the service of the same employer for at
least ten (10) years
(2) Amount Received by Insured as Return of b. is not less than fifty (50) years of age at
Premium. – the time of his retirement:
c. shall be availed of by an official or
a. The amount received by the insured, employee only once.
b. as a return of premiums paid by him
c. under life insurance, endowment, or 'reasonable private benefit plan' – a pension,
annuity contracts, gratuity, stock bonus or profit-sharing plan
d. either during the term or at the maturity of maintained by an employer for the benefit of
the term mentioned in the contract or some or all of his officials or employees, wherein
upon surrender of the contract. contributions are made by such employer for the
officials or employees, or both, for the purpose of
(3) Gifts, Bequests, and Devises. _ The value of distributing to such officials and employees the
property acquired by gift, bequest, devise, or earnings and principal of the fund thus
descent: Provided, however, accumulated, and wherein its is provided in said
plan that at no time shall any part of the corpus
a. income from such property, or income of the fund be used for, or be diverted
to, any purpose other than for the exclusive
benefit of the said officials and employees.
(b) Separation Pay (c) Prizes and Awards. - Prizes and awards
a. Any amount received by an official or made primarily in recognition of religious,
employee or by his heirs from the charitable, scientific, educational, artistic,
employer literary, or civic achievement but only if:
b. as a consequence of separation of such
official or employee from the service of the (i) The recipient was selected without any action
employer on his part to enter the contest or proceeding;
c. because of death sickness or other and
physical disability or for any cause (ii) The recipient is not required to render
beyond the control of the said official or substantial future services as a condition to
employee. receiving the prize or award.

(c) The provisions of any existing law to the (d) Prizes and Awards in sports Competition. - All
contrary notwithstanding, social security prizes and awards granted to athletes in local
benefits, retirement gratuities, pensions and and international sports competitions and
other similar benefits received by resident or tournaments whether held in the Philippines or
nonresident citizens of the Philippines or aliens abroad and sanctioned by their national
who come to reside permanently in the sports associations.
Philippines from foreign government agencies
and other institutions, private or public. “(e) 13th Month Pay and Other Benefits.— Gross
benefits received by officials and employees of
(d) Payments of benefits due or to become due public and private entities: Provided, however,
to any person residing in the Philippines under That the total exclusion under this subparagraph
the laws of the United States administered by the shall not exceed Ninety thousand pesos
United States Veterans Administration. (₱90,000) which shall cover:
(e) Benefits received from or enjoyed under the
Social Security System in accordance with the “(i) Benefits received by officials and employees
provisions of Republic Act No. 8282. of the national and local government pursuant to
(f) Benefits received from the GSIS under Republic Act No. 6686;
Republic Act No. 8291, including retirement
gratuity received by government officials and “(ii) Benefits received by employees pursuant to
employees. Presidential Decree No. 851, as amended by
Memorandum Order No. 28, dated August 13,
(7) Miscellaneous Items. - 1986;
(a) Income Derived by Foreign Government. -
Income derived from investments in the “(iii) Benefits received by officials and employees
Philippines in loans, stocks, bonds or other not covered by Presidential Decree No. 851, as
domestic securities, or from interest on deposits amended by Memorandum Order No. 28, dated
in banks in the Philippines by (i) foreign August 13,1986; and
governments, (ii) financing institutions owned,
controlled, or enjoying refinancing from foreign “(iv) Other benefits such as productivity
governments, and (iii) international or regional incentives and Christmas bonus.”
financial institutions established by foreign
governments. (f) GSIS, SSS, Medicare and Other
Contributions. - GSIS, SSS, Medicare and Pag-
(b) Income Derived by the Government or its ibig contributions, and union dues of individuals.
Political Subdivisions. - Income derived from any
public utility or from the exercise of any essential (g) Gains from the Sale of Bonds, Debentures or
governmental function accruing to the other Certificate of Indebtedness. - Gains
Government of the Philippines or to any political realized from the same or exchange or
subdivision thereof. retirement of bonds, debentures or other
certificate of indebtedness with a maturity of (4) Household personnel, such as maid, driver
more than five (5) years. and others;
(h) Gains from Redemption of Shares in Mutual (5) Interest on loan at less than market rate to the
Fund. - Gains realized by the investor upon extent of the difference between the market rate
redemption of shares of stock in a mutual fund and actual rate granted;
company as defined in Section 22 (BB) of this (6) Membership fees, dues and other expenses
Code. borne by the employer for the employee in social
and athletic clubs or other similar organizations;
Section 33. Special Treatment of Fringe (7) Expenses for foreign travel;
Benefit.- (8) Holiday and vacation expenses;
((A) Imposition of Tax.— Effective January 1, (9) Educational assistance to the employee or
2018 and onwards, a final tax of thirty-five his dependents; and
percent (35%) is hereby imposed on the (10) Life or health insurance and other non-life
grossed-up monetary value of fringe benefit insurance premiums or similar amounts in
furnished or granted to the employee (except excess of what the law allows.
rank and file employees as defined herein) by the
employer, whether an individual or a corporation (C) Fringe Benefits Not Taxable. - The following
(unless the fringe benefit is required by the fringe benefits are not taxable under this
nature of, or necessary to the trade, business or Section:
profession of the employer, or when the fringe (1) fringe benefits which are authorized and
benefit is for the convenience or advantage of exempted from tax under special laws;
the employer). The tax herein imposed is (2) Contributions of the employer for the benefit
payable by the employer which tax shall be paid of the employee to retirement, insurance and
in the same manner as provided for under hospitalization benefit plans;
Section 57(A) of this Code. The grossed-up (3) Benefits given to the rank and file employees,
monetary value of the fringe benefit shall be whether granted under a collective bargaining
determined by dividing the actual monetary agreement or not; and
value of the fringe benefit by sixty five percent (4) De minimis benefits as defined in the rules
(65%) effective January 1, 2018 and onwards: and regulations to be promulgated by the
Provided, however, That fringe benefit furnished Secretary of Finance, upon recommendation of
to employees and taxable under Subsections the Commissioner.
(B), (C), (D), and (E) of Section 25 shall be taxed
at the applicable rates imposed thereat: The Secretary of Finance is hereby authorized to
Provided, further, That the grossed-up value of promulgate, upon recommendation of the
the fringe benefit shall be determined by dividing Commissioner, such rules and regulations as are
the actual monetary value of the fringe benefit by necessary to carry out efficiently and fairly the
the difference between one hundred percent provisions of this Section, taking into account the
(100%) and the applicable rates of income tax peculiar nature and special need of the trade,
under Subsections (B), (C), (D), and (E) of business or profession of the employer.
Section 25.

(B) Fringe Benefit defined. - For purposes of this


Section, the term 'fringe benefit' means any
good, service or other benefit furnished or
granted in cash or in kind by an employer to an
individual employee (except rank and file
employees as defined herein) such as, but not
limited to, the following:
(1) Housing;
(2) Expense account;
(3) Vehicle of any kind;