1. Compensation for services in whatever form Composition of royalties subject to RIT: paid. 1. Those active in nature Except fringe benefits received by 2. Those passive in nature, but not managerial and supervisory employee. subject to FIT This is subject to FIT. 3. Royalties from outside the Philippines 4. Royalties earned by Resident Foreign 2. Gross income from business or exercise of Corporation profession Include income from all sources, except 7. Dividends those subject to FIT and CGT, whether This pertains to cash, property, and script from legal or illegal source, or whether dividend from RESIDENT AND NON- the business is registered or not. RESIDENT FOREIGN CORPORATION Business income not included: a. Those exempt from tax 8. Annuities i. Gross income from BMBE Excess of annuity payments over ii. Gross income from entity premiums paid. enjoying tax holiday incentive b. Those subject to special tax regimes: 9. Prizes and winnings i. Zone authorities – 5% GROSS SOURCE income tax WITHIN ABROAD c. Those subject to final tax: Prizes ≤ 10,000 Regular Tax Regular Tax 3. Gains derived in dealing in properties > 10,000 FIT Regular Tax This refers to gains or losses in dealing in Winnings FIT Regular Tax ordinary assets and capital assets, other than domestic stocks and real properties. Exempt prizes and winnings: ordinary gains (not net of ordinary loss) a. Prizes received without effort and net capital gains are items of gross b. Prizes in athletic competitions income sanctioned by their respective ordinary losses, but not net capital losses, national sports organization are items of allowable deductions c. Winnings from PCSO or lotto, except those lotto winnings from abroad. 4. Interest Winnings and prize of Domestic It only includes those items not subject to Corporation and Resident Foreign FIT. Corporation are not subject to FIT; Exempt interest income: therefore, if prizes and winnings are a. Those earned by land owners in taxable, it will be taxed to RIT. disposing their land to their tenant in pursuant to CARP. 10. Pensions and retirement benefits that fail the b. Imputed interest (theoretical interest) exclusion criteria.
5. Rents 11. Distributive share from net income of a
Composition of rent income upon receipt: GPP, Co-ownership, and Exempt joint a. Obligations assumed by the lessee venture b. Unrestricted advance rentals Excludes income subjected to FIT and c. Restricted advance rentals that are to CGT. be applied in future years or upon termination of the lease 12. Income distribution from a taxable estate, or d. Leasehold improvements trust, except those subject to FIT and CGT Items not included in gross income upon receipt: 13. Farming Income a. Those constitute loan a. Raise and sell operation b. Security which are refundable GI = proceeds from sale; raising expenses are items of deductions b. Purchase and sell operation GI = gross profit on sale INCLUSIONS IN GROSS INCOME
14. Recoveries of past deductions
Only include those resulted in tax benefit to the taxpayer Refund of non-deductible expenses will never create tax benefit, example: a. Philippine income Tax b. Income tax paid abroad, and taxpayer opt to make it as a tax credit c. Special assessment d. Estate or donor’s tax e. Stock transaction tax
15. Reimbursement of expenses
16. Cancellation of indebtedness in exchange
for service.
POWER OF THE CIR TO REDISTRIBUTE
INCOME AND DEDUCTIONS
The commissioner is authorized to distribute,
apportion, or allocate gross income or deductions between or among organization, if he determined that such distribution, apportionment, or allocation is necessary in order to avoid evasion of taxes. (Read banggawan page 286-291)
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