Regular Income Tax: Bacc8 Taxation
Regular Income Tax: Bacc8 Taxation
BACC8
Taxation
C_Overview_
Atty. Leonicia B.
Garduque
Course Coach
October 4, 2021
Date Initiated
November 6, 2021
Date of Completion
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REGULAR INCOME TAX
o Synchronous Meeting: BSBA-MM III-A- Thurs, 7:00 PM to 8:30 PM through Google Meet
BSBA-MM III-B- Fri, 7:00 PM to 8:30 PM through Google Meet
BSBA-MM III-E- Sat, 2:30 PM to 4:00 PM through Google Meet
BSBA-MM III-F- Sat, 3:30 PM to 7:00 PM through Google Meet
o Asynchronous Schedule : BSBA-MM III-A- Tues, 7:00 PM to 8:30 PM
BSBA-MM III-- Fri, 5:30 PM to 7:00 PM
BSBA-MM III-E- Sat, 1:00 PM to 2:30 PM
BSBA-MM III-F- Sat, 4:00 PM to 5:30 PM
o Offline Learning: Same class schedule based on printed module.
The module covers an overview of regular income tax, determination of taxable income,
determination of individual income tax and corporate income tax, and on income tax filing.
C. DISCUSSION
1. General in coverage – The regular income tax applies to all items of taxable income except
those that are subject to final tax, capital gains tax and special tax regimes.
2. A net income tax – The regular tax is an imposition on residual profits or gains after deductions
for expenses and personal exemptions allowable by law.
3. An annual tax – The regular income tax applies on yearly profits or gains. The gross income
and expenses of the taxpayer are measured using the accounting methods adopted by the
taxpayer and are reported to the government over the accounting period selected by the
taxpayer.
4. Creditable withholding tax – Most items of regular income tax are subject to creditable
withholding tax (CWT). These creditable withholding taxes are advanced taxes that must be
deducted against regular tax due in computing the tax still due to the government.
5. Progressive or proportional tax – The National Internal Revenue Code (NIRC) or Tax Code
imposes a progressive tax on taxable income of individuals while it imposes a flat or
proportional tax of 25% upon the taxable income of corporations.
Gross Income – constitutes all items of income that are neither excluded in gross income nor
subjected to final tax or capital gains.
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Exclusions from Gross Income – These pertain to items that are excluded, hence, exempt from
regular income tax.
Excluded income is also exempt income. Excluded income are those listed by the NIRC as exempt
income from regular tax. The term exempt income includes all income exempt from income tax
whether final tax, capital gains tax or regular income tax. Exclusions from gross income are listed in
the NIRC. Exemption from income may be provided by the NIRC or special laws.
Allowable deductions
The taxable income of individual taxpayers is computed using the Classification and
Globalization Rule.
Classification Rule – Gross income is classified into: a) Compensation income; and b) Business or
professional income.
Income that are neither compensation income nor business income such as those passive
income are simply classified as other taxable income and are added to gross income from business
and profession.
Allowable deductions
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Business expenses are deducted against gross income from business or profession. No
deduction is allowed against compensation income since personal expenses of individuals for cost of
living are deemed to be included in the P250,000 blanket exemption in the taxable income.
Other income which is neither compensation nor business nor professional income is simply
added to total gross income from business or profession as “Non-operating income.” If the taxpayer
has no business or professional income, the same shall be added to taxable compensation income
as “other income.”
The income of mixed income earner from both sources is simply globalized or totaled. A
negative net income or net loss when deductions exceed gross income from business or profession
shall not be offset against taxable compensation income because deductions are expenses of
business or profession and are properly deductible only against gross income thereto, whereas no
expense is deductible against taxable compensation income.
A net loss may be carried over as a deduction against net income of the succeeding three
years. This is referred to as net operating loss carry over or NOLCO. But, we will not discuss this topic
in the meantime.
The gross income from business on the sale of goods is computed as:
Sales P xxx,xxx
Less: Cost of goods sold (cost of sales) xxx,xxx
Gross Income P xxx,xxx
Cost of sales – pertains to the acquisition cost of the goods sold for merchandising or the
manufacturing cost of the goods sold in the case of manufacturing.
The cost of goods may be determined by the specific identification using perpetual inventory
system with the aid of point-of-sale (POS) machines or by the periodic inventory system using the
following formula:
Under the perpetual system, the cost of goods sold is determined through codes of the goods
sold or by stock cards indicating the costs of the goods sold. Under the periodic system, the cost of
goods sold is established by counting the inventories. The cost of missing items at every reporting
date is considered sold. For purposes of costing, the freight costs of the goods are allocated to all
units purchased.
The cost of goods sold of a manufacturing business is computed in almost the same way
with those of a trading business.
The gross income from sale of services or exercise of profession is measured as follows:
Service providers using the accrual basis shall report their revenues while those using the
cash basis shall report their gross receipts or collections.
Cost of services – pertains to all direct cost of rendering the services such as cost of labor, materials
and overhead costs. The cost of services should be distinguished from the indirect costs, such as
general administration and marketing expenses of business. These two are separately separated
under the deduction category “Regular allowable itemized deductions.”
Illustration of determination of cost of service and gross income for business selling
services
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A practicing auditor had the following income and expenses during the year:
The cost of services shall include only those directly incurred or related gross revenue from
the rendition of services such as:
Revenue P 4,500,000
Less: Cost of services 2,112,000
Gross Income P 2,388,000
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Revenue is a general term which pertains to the gross inflow of benefits (total return) arising
from the primary operations of the business. Sales pertains to revenue from the sale of goods,
while fees pertains to revenue from the sale of service. Receipts pertains to cash collection from the
sale of goods or services.
Revenue is a gross concept to the total return in a transaction which includes the return of
capital and the return on capital. Gross income is a net concept pertaining to the return on capital in
a transaction. Gross income is net of the cost of sales or cost of services.
Other taxable income from operations includes revenues or receipts from incidental or
secondary operations aside from the primary operations.
Examples:
1. A school has tuition fees as primary revenue, but its income from its bookstore, canteen or
student dormitories constitutes other operating revenues.
2. A manufacturing firm has its gross income from the sale of finished goods as its primary
revenue, but its income from scrap sales constitutes other operating revenues.
3. A private hospital has patient service fees as its primary revenue, but may have room rental
and sale of medicines as its other operating revenues.
4. A dormitory has boarding fees as its primary revenue, but may have laundry fees and canteen
become as other operating revenues.
5. A retail store has its sales of merchandise as its primary revenue, but may earn consignment
commission income as other operating revenues.
6. A bus transport company has the receipts from passengers and baggage as primary revenue,
but may earn income from bus stop restaurants and washrooms as other operating revenues.
Non-operating income
Non-operating income includes all other items of gross income such as:
Dealings in properties pertain to the sale, exchange and other disposition of properties by the
taxpayer, which is not covered by capital gains tax. Being net of costs, these are gross income items
rather than revenue. They are not part of “Sale/Revenues/Receipts/Fees” but of “Non-operating
income” of the individual taxpayer.
2. Income distribution from general professional partnership, taxable trust or estate, or from an exempt
joint venture
Income distribution from these entities are not revenue, but items of gross income, hence,
included as part of the non-operating income of individuals.
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This includes active income from isolated or one-time transactions such as casual carpentry
income of a person not engaged in carpentry business. Any expense on casual transactions is set off
with the casual income. The net gain or income is a non-operating income.
This includes passive income not connected with the business of the taxpayer and is not
subjected to final tax such as interest on advances to employees and dividends from foreign
corporations. Similar to casual income, these do not arise from the regular business operations,
hence, classified as non-operating income.
Illustration:
An individual taxpayer who is using the accrual basis in his manufacturing business reported
the following results of operations in the preceding year:
The business income of the individual will be presented in the income tax return as follows:
Income items subject to final tax like the dividends and capital gains on the stocks are
excluded in the computation of the gross income subject to regular income tax.
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Net Sales/Revenue/Receipts/Fees P xxx,xxx
Less: Cost of sales or services xxx,xxx
Gross income from operations P xxx,xxx
Add: Other taxable income not subject to final tax xxx,xxx
Total Gross Income P xxx,xxx
Less: Allowable deductions xxx,xxx
Net income P xxx,xxx
For corporate taxpayers, revenues or receipts from secondary or incidental operations will be
included under the classification “Sales/Revenue/Receipts/Fees”
This category includes other items of gross income whether or not arising from the
operations of the corporation such as gains from dealings in properties, income distribution from an
exempt joint venture, and other passive income not subject to final tax.
Illustration
Assuming the same data from the previous illustration except that the taxpayer is a
corporation:
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Individual taxpayers engaged in business or exercise of a profession must maintain a separate
record of their transactions from business or professional transactions. The personal transactions of
the individual taxpayer must not be mixed with the transactions of the business or professional
practice.
This is important in the tax treatment of expenses. The personal expense of the taxpayer
cannot be deducted against the gross income of the business. The allowable personal exemption
fixed by law for individual taxpayers is in lieu of all the actual personal, family, and cost of living
expenses of the taxpayer.
The individual income tax or progressive income tax is determined by reference to a tax table
of progressive tax rates:
The progressive tax covers all individuals including taxable estates and trusts except NRA-
NETB which is subject to 25% final tax on gross income.
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A resident citizen which has a compensation income of P1,250,000 within the Philippines and
P150,000 from abroad.
Tax Due
Taxable compensation income P1,400,000
Less: Lower limit of the income bracket 800,000 P 130,000
Where the taxable income qualifies
Excess: (P1,400,000 less 800,000) P 600,000
Multiply by bracket marginal rate 30% 180,000
Total Income tax due P310,000
A resident alien which has a compensation income of P2,200,000 within the Philippines and
P1,250,000 from abroad.
Tax Due
Taxable compensation income P2,200,000
Less: Lower limit of the income bracket 2,000,000 P 490,000
Where the taxable income qualifies
Excess: (P2,200,000 less 2,200,000) P 200,000
Multiply by bracket marginal rate 32% 64,000
Total Income tax due P554,000
The 8% income tax is a form of a bundled tax which enables one-time compliance for two
taxes which would otherwise require separate filing and payments.
The corporate income tax, commonly referred to as the regular corporate income tax (RCIT)
is generally a proportional or flat tax at a rate of 25% on taxable income for domestic of foreign
corporation.
However, a lower 20% proportional tax on taxable income is imposed on domestic micro-,
small-, and medium enterprises (MSMEs) with not more than P100 million assets, excluding land,
and not more than P5 million taxable income.
a. Subject to final tax such as non-resident foreign corporation and FCDU (foreign
currency deposit units) interest income not subject to final tax
b. Special corporations or those subject to preferential (i.e. lower) tax rates or special
regimes
c. Exempt corporations
A corporation has a net income of P1,200,000 in the Philippines and P800,000 from abroad.
1. Assuming the corporation is a large domestic corporation, the income tax due shall be computed
as follows:
2. Assuming the corporation is a domestic MSME, the income tax due shall be computed as follows:
Recall that domestic corporations are taxable on global income. Also, if the taxable income is
more than P5 million, the 25% tax rate is applicable without regard to whether the domestic
corporation is a MSME or a large corporation.
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3. Assuming the corporation is a resident foreign corporation, the income tax due shall be computed
as follows:
Recall that resident foreign corporation is taxable on Philippine income. There is also no
distinction between large corporation or MSME when it comes to foreign corporation. The 25%
proportional tax simply applies.
Corporate taxpayers are normally subject to a minimum tax, computed as 2% of total gross
income subject to regular tax. The minimum tax is temporarily reduced to 1% this pandemic from
July 1, 2020 to June 30, 2023. Even if corporations are losing in business, they are subject to the
minimum tax.
Special Corporations
Special corporations are those enjoying lower tax rates but not 0%, such as private schools,
non-profit hospitals and PEZA or TIEZA-registered enterprises.
Exempt Corporations
Exempt corporations are those enjoying 0% tax rate with no tax dues such as government
agencies, non-profit organizations with no taxable income, cooperatives, and those registered with
the Board of Investments (BOI) enjoying income tax holiday or ITH.
Exempt corporations are required to report their results of operations through BIR Form 1702-
EX even if they do not have taxable income. They are mandated to itemize their deductions in their
income tax return. The rule is intended to assist the BIR in monitoring compliance of exempt
corporations with their withholding tax obligations and to provide for a mechanism to identify income
earned by third parties.
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Exempt corporations with gross income subject to the regular corporate income tax or special
rate shall file BIR Form 1702-MX.
The income tax return is due for filing on the 15 th day of the fourth month following the taxable
year of the taxpayer. The income tax due shall be paid upon filing.
The requirement for entering centavos in the latest version of the income tax return has been
eliminated. If the amount of centavos is 49 or less, the centavos are dropped down. If the amount is
50 centavos or more, it is rounded up to the next peso. Hence, an amount for P100.49 shall be
entered in the income tax return as P100. An amount of P100.50 shall be rounded as P101.
Corporations and individuals engaged in business and those engaged in the practice of a
profession are required to file three quarterly returns aside from the annual consolidated income tax
return. Individual taxpayers engaged in business or practice of profession shall file their quarterly
income tax returns using BIR Form 1701Q. Corporations shall file their income tax returns using BIR
Form 1702Q. Taxpayers make estimated quarterly tax payments. These quarterly tax payments are
claimed as tax credit (deductions) to the annual consolidated income tax due of the taxpayer.
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Quarterly Income Individual Taxpayer Corporations
Tax Returns
First Quarter ITR May 15, same year 60 days end of 1st Quarter
Second Quarter ITR August 15, same year 60 days end of 2nd Quarter
Third Quarter ITR November 15, same year 60 days end of 3rd Quarter
Quarterly income tax returns of individuals engaged in business or profession are due 45 days
from the end of the first three quarters whereas the quarterly income tax returns of corporate
taxpayers are due 60 days from the end of quarter.
Pure compensation income earners may be relieved from the obligation to file their annual
income tax return if they have no taxable income from other sources other than their lone employer.
The employee may avail of the substituted filing system wherein the employer shall withhold the
income tax of the employee’s compensation.
If the employer correctly withheld the tax due of the employee through the withholding tax on
compensation, the employee need not file his BIR Form 1700 anymore, since there would be no
residual tax due or tax refundable. The Form 1700 is required if the employee has other taxable
income or has more than one employer, either concurrent or successive, during the year.
- END OF DISCUSSION -
D. STUDENT ACTIVITY –
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2. For Midterm Project – Go to Lawphil, Chan Robles or Supreme Court of the Philippines website.
Do a research on cases related to topics on discussed in this module on taxation. Choose two (2)
cases which were promulgated for the period January 2010 to present, and write case digests.
Follow the format provided – FACTS, ISSUE, HELD. Must be in Word format, short bond paper, font
Arial, size 12, spacing 1.5, 1-inch margin each side. Submit in the Google Classroom. Deadline:
October 30, 2021, Sat, 11:00 PM. Also, forward a copy of your case digests to the Class President
for consolidation for email to me.
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