TAXATION OF INDIVIDUALS A. INDIVIDUAL GEOGRAPHICAL SOURCES Within the Philippines Without the Philippines 1. Resident Citizen 2. Nonresident Citizen (Sec. 22 E) 3. Resident Alien 4. Overseas Contract Worker/ International Seaman 5. Minimum Wage Earner 6. Nonresident Alien Engaged in the trade or business (Sec. 25 A) 8. General Professional Partnership (Foreign) 9. Estate and Trust (Philippines) (Sec. 60) 10. Not engaged in the trade or business (Sec. 25 B) Special alien individuals working Multinational Companies (Sec. 25 C) Offshore Banking (Sec. 25 D) Petroleum Service (Sec. 25 E) 7. General Professional Partnership (Philippines) Estate and Trust (Foreign) (Sec. 60) B. SECTION 24: TAX RATES OF RC, NRC, RA, OCW, IS, MWE SOURCE TAX RATE TAX BASE SEC. 24 A SEC. 24 B SEC. 24 C SEC. 24 D Within and Without of the Philippines GRADUATED RATES 5% 32% INCOME (not covered by Sec. 24 B, C, and D): MWE on compensation income, ay pay, overtime pay, night shift deferential pay, and hazard pay. Within the Philippines Within the Philippines Within the Philippines Tax Base: Taxable Income Legend: RC – Resident Citizen NRC – Nonresident Citizen RA – Resident Alien 1. PASSIVE INCOME 20% Interest – bank deposits Royalties Except: books, literary works & musical compositions (10%) Prizes Except: P10,000 or less (Sec 24 A) Winnings 2. FOREIGN CURRENCY DEPOSIT 3. LONG – TERM DEPOSIT 4 yrs – less 5 yrs = 5% 3 yrs – less 4 yrs = 12% Less than 3 yrs = 20% 4. DIVIDENDS 10% (Cash or Property) Tax Base: Gross Income CAPITAL GAINS FROM SALE CAPITAL GAINS FROM SALE OF SHARE OF STOCK: OF REAL PROPERTY 6% 1. IF NOT TRADED IN THE TAX AVOIDANCE 6% OR STOCK EXCHANGE SEC.24 A IF SOLD TO GOVERNMENT. Not over 100k = 5% On any amount in SALE OF PRINCIPLE excess of 100k = 10% RESIDENCE RULE CLASSIFY THE REAL 2. IF TRADED = Sec. 127 PROPERTY WHETHER CAPITAL ASSET OR ORDINARY ASSET (Sec.39) ARTICLE 415 C.C. Enumerates the real properties Tax Base: Gross Income Tax Base: Gross Selling Price or Fair Market Value or the Zonal Value (whichever is higher) Taxable Income – means Gross Income less Allowable Deductions OCW – Overseas Contract Workers IS – International Seaman MWE - Minimum Wage Earner C. SECTION 25: NONRESIDENT ALIENS PASSIVE INCOME NRA – EB (180 SEC. 25 A(1) SEC. 25 A(2) days rule) TAXABLE INCOME apply SEC. 20% or 10% GROSS INCOME 24 A NRA – NEB SEC. 25 B 25% GROSS INCOME SPECIAL ALIEN 15% GROSS COMPENSATION INDIVIDUALS INCOME OTHER NONEMPLOYMENT INCOME *observe the Same Position Tax Treatment Rule CAPITAL GAINS SHARES OF STOCK SEC 24(C) GROSS INCOME CAPITAL GAINS OF REAL PROPERTY 6% SEC 24(D) GSP/FMV/ZV whichever is higher SEC 24(C) GROSS INCOME SEC 24(D) GSP/FMV/ZV whichever is higher SEC 24(D) GSP/FMV/ZV whichever is higher SEC 24(C) GROSS INCOME D. SECTION 26: GENERAL PROFESSIONAL PARTNERSHIP - JURIDICAL ENTITY IS EXEMPT - INDIVIDUAL PARTNERS TAXABLE THE SAME WITH THE INDIVIDUALS Legend: NRA – EB NRA – NEB GSP FMV ZV = = = = = NON RESIDENT ALIEN ENGAGED IN BUSINESS NONRESIDENT ALIEN NOT ENGAGED IN BUSINESS Gross Selling Price Fair Market Value Zonal Value Depends whether the Special Alien individuals is NRA – EB or NRA - NEB