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FROM GROSS
INCOME
OLD NIRC AND
TRAIN
Updated July 2019
DEDUCTIONS DEFINED
Items or amounts which the law allows to
be deducted from gross income in order
to arrive at the taxable income.
BASIC PRINCIPLES
GOVERNING DEDUCTIONS
a. The taxpayer seeking a deduction must
point to some specific provisions of the
statute authorizing the deduction; and
b. He must be able to prove that he is
entitled to the deduction authorized or
allowed. (Atlas Consolidated Mining &
Dev. Corp. vs. Commissioner, GR No. L-
26911, January 21, 1981)
BASIC PRINCIPLES
GOVERNING DEDUCTIONS
c. Any amount paid or payable which is
otherwise deductible from, or taken into
account in computing gross income or for
which depreciation or amortization may be
allowed, shall be allowed as deduction
only if it is shown that the tax required to
be deducted and withheld therefrom has
been paid to the BIR. [Sec. 34(K), NIRC]
TAXPAYERS WHO CANNOT
AVAIL OF DEDUCTIONS
FROM GROSS INCOME
1. Citizens and resident aliens whose income is purely
compensation income (except for premium
payments on health and/or hospitalization
insurance);
2. Non-resident aliens not engaged in trade or
business in the Philippines (NRANETB); and
3. Non-resident foreign corporation (NFRC)
CLASSES OF DEDUCTIONS
1. Individuals
a. With gross compensation income from
employer-employee relationship only
(1)premium payments on health
and/or hospitalization insurance
(2) personal and additional personal
exemptions
CLASSES OF DEDUCTIONS
b. Gross income from business or practice of
profession
(1) Optional Standard Deduction (OSD)
(2) Itemized deductions (Ordinary ID: BITE DeDe
Loss CPR)
(3) Premium Payments on Health and/or
Hospitalization Insurance, provided family gross
income is not more than P250,000(No longer
applicable in TRAIN)
(4) Personal and additional personal exemptions
(No longer applicable in TRAIN)
CLASSES OF DEDUCTIONS
2. CORPORATIONS
Itemized Deductions
OSD
KINDS OF DEDUCTIONS
1. Optional standard deduction (OSD) [As
amended by R.A. 9504 which took
effect July 6, 2008]
(a) An individual, other than a nonresident
alien, may elect a standard deduction of
40% of his gross sales or gross receipts.
(prior to RA 9504, rate is 10% of gross
income)
KINDS OF DEDUCTIONS
b. In the case of a corporation, it may
elect s standard deduction of 40% of its
gross income as defined in Section 32 of
the Tax Code. (prior to RA 9504, no OSD
benefit for corporation)
( Gross income = Gross sales – COGS)
KINDS OF DEDUCTIONS
2. Personal and Additional Exemption (No
longer applicable in TRAIN)
(a) Basic Personal Exemption
Pursuant to amendments under RA No.
9504, there shall be allowed personal
exemptions amounting to P50,000 for
each individual taxpayer regardless of
whether he is single, head of the family or
married.
KINDS OF DEDUCTIONS
(b) Additional Exemptions for Taxpayers
with Dependents (No longer applicable in
TRAIN)
There shall also be allowed an additional
exemption of P25,000 for each
“dependent” not exceeding four.
KINDS OF DEDUCTIONS
A “dependent” means:
A legitimate, illegitimate or legally adopted child
Chiefly dependent upon and living with the
taxpayer
Not married, not gainfully employed, not more
than 21 years of age
Except: If such dependent, regardless of age, is
incapable of self-support because of mental or
physical defect.
KINDS OF DEDUCTIONS
A “dependent” also includes:
a. foster child (temporary substitute
parental care by a duly licensed by
DSWD)
b. PWD ( within 4th degree of
consanguinity or affinity to the taxpayer,
regardless of age, not gainfully employed
and dependent upon the taxpayer)
IMPORTANT NOTES
1. In case of married individuals, the additional
exemption shall be claimed by only one of
the spouses.
2. The proper claimant of the exemption would
be generally be the husband, EXCEPT if the
husband is (1) unemployed (2) working
abroad like an OFW or seaman (3) husband
waived his right to the exemption
IMPORTANT NOTES
3. For legally separated spouses, the additional
exemption may be claimed only by the spouse
who has custody of the child
e.g.
Interest expense P100, 000 ; Interest income
subject to FTx P30, 000
SUBJECT TO CEILING
A. ½ % of NET SALES (sales- actual returns) = taxpayer=
sale of goods
B. 1 % of NET RECEIPTS (Gross receipts- returns)= Sale of
services
REPRESENTATION EXPENSE
If both servicing and trading, then
Step 1. prorate, i.e. Net sales/ Total revenue and Net
receipts/ Total Revenue
Step 2. Compare with the Statutory limit ( ½% for
Net sales, 1% for Net receipts)
Step 3. Choose whichever is lower.
DEPRECIATION
Periodic reduction of the value of tangible permanent
assets due to passage of time, wear and tear and
obsolescence.
For intangible assets, such as patents, copyrights, it is
called Amortization
METHODS OF
DEPRECIATION
The following are methods of depreciation;
1. Straight-line method
2. Declining method
3. Sum of the years digit
4. Any other methods (DD, 150% Declining)
Illustration:
There is a 10M worth equipment. The operator already utilized 2M of
the equipment. 8M can still be utilized if the operation is continued.
However, the operator decided to abandon the business.
The 8M is unamortized. This value can be treated as abandonment loss.
LOSSES
3. Wagering Loss
Same as gambling loss
General rule: Wagering loss cannot be deducted.
Exception: Gambling loss is deductible only to the extent of
gambling winnings.
If there are no gambling winnings, gambling losses cannot be
deducted.
LOSSES
4. Capital Loss
Loss that arises from dealings of capital assets.
Capital assets: defined as assets not classified as ordinary assets.
When the GPP has chosen OSD, the partners are actually the
ones who utilized such option. Therefore, they cannot again
utilize OSD as it would result to a double recognition of
expense.
TAXPAYERS NOT ALLOWED
TO USE OSD
INDIVIDUALS
Those exempt under the tax code and other special
laws with no other taxable income (eg. BMBE)
Those with income subject to Special/Preferential Tax
rates
Those with income subject to income tax under
Sections 27(A) and 28A and also with income subject
to special or preferential tax rate
TAXPAYERS NOT ALLOWED
TO USE OSD
CORPORATIONS
Those exempt under the tax code and other special
laws with no other taxable income (eg. Exempt
GOCC)
Those with income subject to Special/Preferential Tax
rates
Those with income subject to income tax under
Sections 27(A) and 28A and also with income subject
to special or preferential tax rate
THA
NK
YOU!