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CORPORATION member, organizer, officer or any specific

A corporation is a legal entity that is person;


separate and distinct from its owners.
Corporations enjoy most of the rights and (F) Business league chamber of
responsibilities that individuals commerce, or board of trade, not organized
possess: they can enter contracts, loan and for profit and no part of the net income of
borrow money, sue and be sued, hire which inures to the benefit of any private
employees, own assets and pay taxes. stock-holder, or individual;
Some refer to it as a "legal person."
(G) Civic league or organization not
TAX EXEMPT CORPORATION organized for profit but operated exclusively
for the promotion of social welfare;
SEC. 30. Exemptions from Tax on
Corporations. - The following organizations (H) A nonstock and nonprofit educational
shall not be taxed under this Title in respect institution;
to income received by them as such:
(I) Government educational institution;
(A) Labor, agricultural or horticultural
organization not organized principally for (J) Farmers' or other mutual typhoon or fire
profit; insurance company, mutual ditch or
irrigation company, mutual or cooperative
(B) Mutual savings bank not having a telephone company, or like organization of a
capital stock represented by shares, and purely local character, the income of which
cooperative bank without capital stock consists solely of assessments, dues, and
organized and operated for mutual fees collected from members for the sole
purposes and without profit; purpose of meeting its expenses; and

(C) A beneficiary society, order or (K) Farmers', fruit growers', or like


association, operating for the exclusive association organized and operated as a
benefit of the members such as a fraternal sales agent for the purpose of marketing the
organization operating under the lodge products of its members and turning back to
system, or mutual aid association or a them the proceeds of sales, less the
nonstock corporation organized by necessary selling expenses on the basis of
employees providing for the payment of life, the quantity of produce finished by them;
sickness, accident, or other benefits
exclusively to the members of such society, Notwithstanding the provisions in the
order, or association, or nonstock preceding paragraphs, the income of
corporation or their dependents; whatever kind and character of the
foregoing organizations from any of their
(D) Cemetery company owned and properties, real or personal, or from any of
operated exclusively for the benefit of its their activities conducted for profit
members; regardless of the disposition made of such
income, shall be subject to tax imposed
(E) Nonstock corporation or association under this Code.
organized and operated exclusively for
religious, charitable, scientific, athletic, or TAX EXEMPT GOCC GOVERNMENT
cultural purposes, or for the rehabilitation of OWNED OR CONTROLLED CORPO
veterans, no part of its net income or asset
shall belong to or inure to the benefit of any
Government-owned or -Controlled Quarterly MCIT paid on the Quarterly
Corporations, Agencies or Income Tax Return shall be credited against
Instrumentalities the normal income tax at year end if in the
preparation and filing of the annual income
The provisions of existing special or general tax return and in the final computation of the
laws to the contrary notwithstanding, all annual income tax due, it appears that the
corporations, agencies, or instrumentalities normal income tax due is higher than the
owned or controlled by the Government, computed annual MCIT. Moreover, in
except the Government Service Insurance addition to the quarterly MCIT paid and
System (GSIS), the Social Security System quarterly normal income tax payments in
(SSS), the Philippine Health Insurance the taxable quarters of the same taxable
Corporation (PHIC), the local water districts year, excess MCIT in the prior year/s
(LWDs), and the Philippine Charity (subject to the prescriptive period allowed
Sweepstakes Office (PCSO) and the for its creditability), expanded withholding
Philippine Amusement and Gaming taxes in the current year and excess
Corporation (PAGCOR), shall pay such rate expanded withholding taxes in the prior year
of tax upon their taxable income as are shall be allowed to be credited against the
imposed by this Section upon corporations annual income tax computed under the
or associations engaged in s similar normal income tax rules.
business, industry, or activity.
However, if in the computation of the
annual income tax due, the computed
annual MCIT due appears to be higher than
the annual normal income tax due, what
REVENUE REGULATIONS NO. 9-98
may be credited against the annual MCIT
amended by 12 - 2007
due shall only be the quarterly MCIT
payments of the current taxable quarters,
Amends certain provisions of Revenue the quarterly normal income tax payments
Regulations No. 9-98 relative to the due in the quarters of the current taxable year,
date within which to pay Minimum the expanded withholding taxes in the
Corporate Income Tax imposed on current year and excess expanded
domestic corporations and resident foreign withholding taxes in the prior year. Excess
corporations MCIT from the previous taxable year/s shall
“(1) Imposition of the Tax. - A minimum not be allowed to be credited there from as
corporate income tax (MCIT) of two percent the same can only be applied against
(2%) of the gross income as of the end of normal income tax.
the taxable year (whether calendar or fiscal The taxpayer shall pay the MCIT whenever
year, depending on the accounting period it is greater than the regular or normal
employed) is hereby imposed upon any corporate income tax which is imposed
domestic corporation beginning on the under Sec. 27(A) and Sec. 28(A)(1) of the
fourth (4th) taxable year immediately Code. The final comparison between the
following the taxable year in which such normal income tax payable by the
corporation commenced its business corporation and the MCIT shall be made at
operations. The MCIT shall be imposed the end of the taxable year and the payable
whenever such corporation has zero or or excess payment in the Annual Income
negative taxable income or whenever the Tax Return shall be computed taking into
amount of minimum corporate income tax is consideration corporate income tax
greater than the normal income tax due payment made at the time of filing of
from such corporation quarterly corporate income tax returns
whether this be MCIT or normal income tax.
“Gross income” – gross sales less TRAIN is the first package of the
sales returns, discounts, and allowances Comprehensive Tax Reform Program (CTRP)
and cost of goods sold, in case of sale of aimed to redesign our tax system to be
goods, or gross revenue less sales returns, simpler, fairer, and more efficient for all, while
discounts, allowances and cost of also raising the resources needed to invest in
services/direct cost, in case of sale of infrastructure and Filipino people. Overall, the
services. government sees a lesser tax burden of the
poor and the middle class. Through TRAIN,
Gross sales- shall include only every Filipino contributes in funding more
sales contributory to income taxable under infrastructure and social services to eradicate
Sec. 27(A) of the Code.” “Cost of goods extreme poverty and reduce inequality towards
sold” shall include all business expenses prosperity for all.
directly incurred to produce the
merchandise to bring them to their present
location and use.
FINAL TAX OF PASSIVE INCOME
Gross Revenue- shall include
income from sale of services, likewise, Passive income taxes (on interests, dividends,
taxable under Sec. 27(A). Cost of Services capital gains on sales of shares of stocks or
or Direct Cost of Services shall include not traded through the local stock exchange)
business expenses directly incurred or
related to the gross revenue from rendition For resident and non-resident aliens
of services. engaged in trade or business in the
Philippines, the maximum rate on income
Passive incomes - subject to final subject to final tax (usually passive
tax at source shall not form part of gross investment income) is 20%. For non-
income for purposes of minimum corporate resident aliens not engaged in trade or
income tax. business in the Philippines, the rate is a flat
25%.
Manner of filing and payment —
The minimum corporate income tax (MCIT) CAPITAL GAIN TAX
shall be paid in the same manner
prescribed for the payment of the normal Subsequent sale of non-listed shares in a
corporate income tax which is on a quarterly domestic corporation by individuals and
and on a yearly basis. It shall be covered by domestic corporations are now subject to
a tax return designed for the purpose which 15% capital gains tax under the TRAIN Law.
will be submitted together with the Sale of shares listed in the local stock
corporation's annual final adjustment exchange are subject to 0.60% stock
income tax return. transaction tax based on the gross selling
price.

Capital Gains of Non traded


RA 10963 CHAIN LAW stocks

Republic Act № 10963 or Tax Reform for RA 10963 increases the 5%- 10% tax rates
Acceleration and Inclusion (TRAIN) law is to a 15% single tax rate on net capital
enacted by the Senate and House of realized by an individual and domestic
Representatives in Congress (i.e. corporation from sale, barter, exchange or
legislative), and is signed by the other disposition of shares of stock in a
President[1] for compliance of all residents domestic corporation that are not traded in
in the Philippines. the local stock exchange. The law, however,
retains the 5%-10% capital gains tax of a
resident foreign corporation and nonresident corporation, by permitting its earnings or
foreign corporation. profits to accumulate, instead of being
divided or distributed.

Based on Section 6 of Revenue Regulations


IMPROPERLY ACCUMULATED (RR) 2-2001, the dividends must be
EARNINGS TAX (IAET) declared and paid or issued not later than
This tax applies to every corporation which one year following the close of the taxable
is formed or availed of for the purpose of year, otherwise, the IAET, if any, should be
avoiding the imposition of income tax on the paid within 15 days thereafter.
income received by shareholders of the

GRADUATED INCOME TAX

I. For Individual Citizens and Resident Aliens Earning Purely Compensation Income and
Individuals Engaged in Business and Practice of Profession
A. Graduated Income Tax Rates under Section 24(A)(2) of the Tax Code of 1997,
as amended by Republic Act No. 10963

Amount of Net Taxable Income Rate


Over But Not Over
- P250,000 0%
P250,000 P400,000 20% of the excess over P250,000
P400,000 P800,000 P30,000 + 25% of the excess over P400,000
P800,000 P2,000,000 P130,000 + 30% of the excess over P800,000
P2,000,000 P8,000,000 P490,000 + 32% of the excess over
P2,000,000
P8,000,000 P2,410,000 + 35% of the excess over
P8,000,000

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