Gross Income Gross income means all income derived from whatever source, including (but not limited to) the following items: (1) Compensation for services in whatever form paid, including, but not limited to fees, salaries, wages, commissions, and similar items; (2) Gross income derived from the conduct of trade or business or the exercise of a profession; (3) Gains derived from dealings in property; (4) Interests; (5) Rents; (6) Royalties; Gross Income (7) Dividends; (8) Annuities; (9) Prizes and winnings; (10) Pensions; and (11) Partner's distributive share from the net income of the general professional partnership. Compensation Income • All remuneration for services performed by an employee for his employer under an employeremployee relationship • Includes salaries, wages, emoluments and honoraria, allowances, commissions; fees including director’s fees if the director as at the same time an employee if the corporation/employer; taxable bonuses and fringe benefits not subject to FBT; taxable pensions and retirement pay; and other income of similar nature. Forms of Compensation 1. Compensation paid in kind – valued at the fair market value of the thing taken in payment 2. Living quarters and meals – the value furnished to the employee shall be added to the remuneration paid 3. Facilities and privileges of a relatively small value – (de minimis benefit) ordinarily not subject to income tax and withholding tax 4. Tips and gratuities – if paid directly to employee by a customer of employer which are not accounted for by the employer are considered as taxable income not subject to withholding 5. Pensions, retirement and separation pay – constitute compensation income subject to withholding Forms of Compensation 6. Fixed or variable transportation, representation and other allowances – in general, considered compensation subject to withholding 7. Vacation and sick leave allowances – amounts paid constitute compensation 8. Deductions made by employer from compensation of employee – part of compensation 9. Remuneration for services as employee of a nonresident alien individual or foreign entity – included as compensation 10. Compensation for services performed outside the Philippines –treated as compensation subject to tax Business Income Manufacturing, Merchandising or Mining • Gross income means total sales, less cost of goods sold plus any income from investments and from incidental or outside operations or sources. Gross Sales Less: COGS GP from Sales Add: Other Income Gross Income xxx xxx xxx xxx xxx • Subtractions are not allowed for depreciation, depletion, selling expenses or losses, or for items not ordinarily used in computing the cost of goods sold Business Income Farming • Gross income includes gain or profit derived from the operations of farms, such as stock, dairy, poultry, fruits and truck farms; plantations; ranches; etc. • Income may be reported using either cash basis, accrual basis or crop year basis Business Income Cash Basis Cash sales (or value of merchandise or other property received) of livestock and farm products raised in the farm Sales of livestock and other items purchased Less: Cost of Sales Gross Profit Miscellaneous Income Gross Income xxx xxx (xxx) xxx xxx xxx Business Income Accrual Basis Ending Inventory Cash sales (or value of merchandise or other property received) of livestock and farm products raised in the farm Sales of livestock and other items purchased Miscellaneous Income Total Less: Beginning inventory Cost of livestock and other items purchased Gross Income xxx xxx xxx xxx xxx (xxx) (xxx) (xxx) xxx Crop year basis – used by farmers whose crop take more than one year from planting up to harvesting and disposing. The entire cost of production is deducted from the gross income in the year it was realized. Business Income The ff. business income shall not be included in gross income subject to regular income tax: • Business income exempt from income tax o Gross income from Barangay Micro-Business Enterprise (BMBE) under RA 9178 o Gross Income from enterprises enjoying tax holiday inentives under EO 226 which have not yet graduated to their income tax holid ay incentives • Business income subject to special tax regime: o PEZA-registered enterprises subject to 5% gross income o TIEZA-registered enetrprises subject to 5% gross income tax o Income of SEP who opted to be taxed under the 8% income tax. • Business income subject to final tax when not subjected to final tax by the payor o Subcontractors of pertoleum service contractors subject to 8% FT o Business income of FCDUs and OBUs from Phil. residets subkect to 10% FT Gains from Dealing in Property • Includes all income derived from the disposition of property – real, personal, or mixed – for money (sale) or for other property (exchange) or for a combination of both • Results in gain (loss) because of the difference between the taxpayer’s investment in what he disposed of and the value in what he received • General rule: The entire amount of gain or loss is a taxable gain or deductible loss Interests • Interest arising form indebtedness, that is, compensation for the loan or forbearance of money, goods or credits. • Interest arising from indebtedness, whether business or non-business, legal or illegal. • Subject to final tax • 20% final tax for RC, NRC, RA, NRA-ETB, DC and RFC • 25% final tax for NRA-NETB • Normal income tax for NRFC Illustration Sapphire has the ff. income in 2014: Interest income from loans P3,000,000 Interest income from deposits w/ other banks 400,000 Interest income from notes rediscounting 100,000 Interest income from Treasury notes 50,000 Rents • Rent income from use of real and personal property • Taxable on the year received, whether earned or unearned, provided, there is no restriction as to its use, and regardless of method of accounting employed. • Security Deposit – taxable upon forfeiture in favor of the lessor or upon application of rental payments • Leasehold Improvements – income if it will be owned by the lessor at the end of the lease or the lessor is not required to pay the lessee its value. Income will be reported using either outright or spread-out method. Royalties • Includes earnings from copyrights, trademarks, patents, and natural resources under lease. • Involves not only the use of the property but also its exhaustion. • Royalties for properties which produce coal, gas, oil, copper, timber or other similar product shall from part of gross income for purposes of computing the income tax liability of the taxpayer under Section 24(A), 27 and 28. • Active royalty income and royalties earned oustide the Phils. are subject to RIT. Dividends Forms of Dividends: 1. Cash Dividend – 10% final tax 2. Property Dividend – 10% final tax 3. Stock Dividend – not taxable unless represents distribution of earnings or profits 4. Scrip Dividend – 10% final tax 5. Liquidating Dividend – taxable capital gain or deductible capital loss 6. Indirect Dividends Taxable and Non-Taxable Stock Dividend 1. Non-taxable stock dividend – not income if the new certificates plus the old one do not change the proportionate interest of the stockholder in the net assets of the corporation 2. Taxable stock dividend – constitutes income if it gives the shareholder a greater proportionate interest in the corporation after its distribution. (Measured at fair value of the shares of stock on the date the stockholder received the shares. Annuities • Refer to annuity policies sold by insurance companies, which provide installment payments for life, or for a guaranteed fixed period of time whichever is longer or for life and guaranteed fixed period. • The portion of each annuity payment that represents return of premium is not taxable while that portion that represents interest is taxable. Prizes and Winnings • P10,000 or less, taxable under Section 24(A) • Above P10,000, 20% final tax • PCSO and lotto winnings not exceeding P10,000 are tax exempt • Prizes and awards in recognition of religious, charitable, scientific, educational, artistic, literary or civic achievement are not taxable if: o The recipient was selected without any action on his part to enter the contest or proceedings o The recipient is not required to render substantial future services as a condition to receiving the prize or award Pensions • Amount of money received in lump sum or on staggered basis in consideration of services rendered. • Pensions are being given after the individual reaches the age of retirement. • Taxable to the extent of the amount received except if there is an approved pension plan by the BIR. Income from Whatever Source • The law imposes a tax on income from whatever source which means that it includes income whether coming from legal or illegal sources. • Examples: o o o o o o Income from jueteng, income from swindling activities, recovery of bad debts, refund of taxes, unutilized/excess campaign funds, forgiveness of indebtedness Income from Whatever Source • Recovery of bad debts – considered income if: o Bad debts were written off in the previous year/s, o Such bad debts were deducted in arriving at taxable income o There is a resulting tax benefit on the deduction • Refund of taxes considered income if: o There is payment of tax in the previous year/s o The tax paid was deducted in arriving at the taxable income o There is a resulting tax benefit on the deduction • Forgiveness of indebtedness Type Tax Treatment Debtor performs services to creditor Compensation Income Creditor desires to benefit the debtor without any consideration Gift Creditor is a corporation and the debtor is a stockholder of such corporation Dividend Income Sources of Income • Within the Philippines • Without the Philippines • Partly within and without Determination of Source of Income 1. Compensation Income 2. Merchandising Business 3. Manufacturing Business 4. Mining 5. Farming 6. Interest Income 7. Rent income 8. Royalties 9. Dividend Income 10. Gain on sale of real property 11. Gain on sale of personal property purchased in one country and sold in another 12. Gain on sale of domestic shares of stock Exclusions from Gross Income 1. 2. 3. 4. 5. 6. 7. Life Insurance Amount Received by Insured as Return of Premium Gifts, Bequests, and Devises Compensation for Injuries or Sickness Income Exempt under Treaty Retirement Benefits, Pensions, Gratuities, etc Miscellaneous Items a) Income Derived by Foreign Government b) Income Derived by the Government or its Political Subdivisions c) Prizes and Awards Exclusions from Gross Income d) e) f) g) Prizes and Awards in sports Competition 13th Month Pay and Other Benefits GSIS, SSS, Medicare and Other Contributions Gains from the Sale of Bonds, Debentures or other Certificate of Indebtedness h) Gains from Redemption of Shares in Mutual Fund - End -