PART 2 Individuals CLASSIFICATION OF INDIVIDUAL TAXPAYERS 1. Resident Citizen (RC) 2. Nonresident Citizen (NRC) 3. Resident Alien (RA) 4. Non-resident Alien (NRA) a) Engaged in trade or business (ETB) b) Not engaged in trade or business (NETB.) 5. Prior to TRAIN Law, include the following Special Employees: a) Special Alien Employees (SAES) b) Special Filipino Employees (SFES) NONRESIDENT CITIZEN The following are considered nonresident citizens (Section 22 (E), RA 8424): 1. 2. 3. 4. A citizen of the Philippines who establishes to the satisfaction of the Commissioner one of the fact of his physical presence abroad with a definite intention to reside therein. A citizen of the Philippines who leaves the Philippines during the taxable year to reside abroad, either as an immigrant or for employment on a permanent basis; A citizen of the Philippines who works and derives income from abroad and whose employment thereat requires him to be physically present abroad most of the time [for one hundred eighty-three days [(183) or more] during the taxable year; A citizen who has been previously considered as nonresident citizen who arrives in the Philippines at any time during the taxable year to reside permanently in the Philippines shall be considered a nonresident citizen for the taxable year in which he arrives in the Philippines with respect to income derived from sources abroad until the date of his arrival in the Philippines. Citizens not classified under this category are considered Resident Citizens. OVERSEAS CONTRACT WORKER Overseas Contract Workers (OCW's) refer to Filipino citizens employed in foreign countries, commonly referred to as Overseas Filipino Workers (OFW who are physically present in a foreign country as a consequence of their employment thereat. Their salaries and wages are paid by an employer abroad and is not borne by any entity or person in the Philippines. To be considered as an OCW or OFW, they must be duly registered as such with the Philippine Overseas Employment Administration (POEA) with a valid Overseas Employment Certificate (OEC). (RR No. 1-2011). A seaman who is a citizen of the Philippines and who receives compensation for services rendered abroad as a member of the complement of a vessel engaged exclusively in international trade shall be treated as an overseas contract worker. (Section 23 (C), RA 8424). In order for seafarers or seamen to be considered as OCW's or OFW's they must be duly registered as such with the Philippine Overseas Employment Administration (POEA) with a valid Overseas Employment Certificate (OEC) with a valid Seafarer's Identification Record Book (SIRB) or Seaman's Book issued by the Maritime Industry Authority (MARINA). For taxation purposes, OCWs are classified as nonresident citizens. RESIDENT ALIEN Resident Alien means an individual whose residence is within the Philippines and who is not a citizen thereof (Section 22 (F), RA 8424). Under RR No. 2, the following are considered as resident alien: 1. An alien actually present in the Philippines who is not a mere transient. A person who comes to the Philippines for a definite purpose which in its nature may be promptly accomplished is a transient. 2. An alien, who comes to the Philippines for a definite purpose, which, by its nature, would require an extended stay making his home temporarily in the Philippines. 3. An alien who shall come to the Philippines with no definite intention as to his stay. An alien who has acquired residence in the Philippines retains his status as a resident until he abandons the same and actually depart from the Philippines. NON-RESIDENT ALIEN 1. Engaged in trade or business (Section 25 (A), RA 8424). An alien individual actually engaged in trade or business in the Philippines: An alien who comes in the Philippines for an aggregate period of more than 180 days during the calendar year during any calendar year shall be deemed a non-resident alien doing business in the Philippines. 2. Not engaged in trade or business - those NRAs not included above. SPECIAL EMPLOYEES (SEs) [Applicable to income earned prior to effectivity of TRAIN Law] Individuals employed by any of the entities below, holding managerial and/or technical positions, are classified as special employees: Regional or Area Headquarters and Regional Operating Headquarters of Multinational Companies. Offshore Banking Units Petroleum contractors and subcontractors Special employees are further classified as either Special Filipino Employees (SFES) or Special Alien Employees (SAES). PRIOR to the effectivity of RA 10963 (TRAIN Law), SEs are taxable as follows: INCOME SAEs SFEs Compensation 15% FWT IF employed by Income (preferential tax rate) ROHQ/RHQ GR: Basic income tax unless qualified to be taxed at 15%** at the option of taxpayer. IF employed by OBUs, Petroleum Contractors & Subcontractors = 15% FWT De minimis and other Exempt Exempt exempt benefits Fringe Benefits 15%FBT if holding managerial position; otherwise, part of compensation income 15% FBT if holding managerial position; otherwise, part of compensation income *** Other Income Apply the rules on NRA-NETB Apply the rules on RC ** Under RR 11-2010. Filipinos exercising the option to be taxed at 15% preferential rate for occupying the same managerial or technical position as that of an alien employed in RHQ or ROHQ must meet all the following requirements: 1. POSITION and FUNCTION TEST. Must occupy managerial or technical position. 2. COMPENSATION THRESHOLD TEST. Compensation income should be at lease P975,000 for the taxable year. For purposes of determining the threshold, include the following: Salaries, wages, remuneration, honoraria Annuities, other emoluments and fringe benefits not subject to FBT Exclude the following: De minimis benefits Retirement and/or separation benefits (taxable or not) Fringe benefits subject to FBT 3. EXCLUSIVITY TEST. The SFE must be exclusively working for the RHQ or ROHQ as employee and not just a consultant or contractual personnel. "Exclusivity" means just ha employer at a time. The three (3) requirements above are not applicable to all SAEs and SFEs employed by OBUs and PCs/SCs. ***The option to be subjected to 15% preferential tax rate and the coverage of fringe benefit tax are independent to each other. Thus, there would be instances where a Filipino employee shall enjoy 15% preferential tax rate but may not be covered by fringe benefit tax for not being a supervisory/managerial employee (RR 11-2010). Under TRAIN Law, special employees are now subject to graduated income tax rate on their compensation income. Hence, the preferential tax rate for special employees shall apply only to income derived prior to 2018 taxable year or prior to the effectivity of RA10963 (TRAIN LAW). TYPES OF INCOME TAXES: SOURCE(s) of TAXABLE INCOME: TAXPAYER SOURCE(S) RC = within and without the Phils. NRC, RA, OCW, NRA-ETB, NRA-NETB = within the Phils. only TYPES OF INCOME TAXES: 1. Basic Income Tax on regular or ordinary income 2. Final Withholding Tax on Passive income derived from Philippine sources 3.Capital Gains Tax on Sale of Shares of Stock of domestic corno 4. Capital Gains Tax on Sale of Real Properties located in the Philippines. The total amount of the taxes above is kno he total amount of the taxes above is known as "Total Income Tax Expense" FINAL WITHHOLDING TAX (FWT) ON PASSIVE INCOME. Applicable to passive income from sources within the Philippines. Passive income derived from outside the Philippines are subject to basic income tax under section 24(A) of the tax code. It is a tax deducted from the income to be paid to the payee or seller. It is constituted as full and final payment of the income tax liability. Hence, the income subjected to this tax is no longer included in the income tax return of the individualSection 24A of the tax code. It cannot be credited/deducted against the basic income tax due The liability for the payment of the tax is primarily on the pa agent. PASSIVE INCOME derived from Philippine sources SUBJECT TO FWT. 1. Interest Income 2. Royalties 3. Dividends 4. Prizes 5. Other winnings PASSIVE INCOME DERIVED FROM PHILIPPINE SOURCES SUBJECT TO FWT: INTEREST INCOME a) Interest from any currency bank deposit; and Yield or any other monetary benefits from: i. Deposit substitutes ii. Trust funds iii. Similar arrangements as above. DEPOSIT SUBSTITUTE- an alternative form of obtaining funds from PUBLIC** other than deposits, through the issuance, endorsement, or acceptance of “debt instrument” for the borrower’s own account, for the purpose of relending or purchasing of receivables and other obligations, or financing their own needs or the needs of their agent or dealer (RR 14-2012). **Public is defined as borrowing from twenty (20) or more individual or corporate lenders at any one time. b) Interest form a depositary bank under the expanded foreign currency deposit system Prior to 2018 Under TRAIN Law(beginning Jan.1,2018) c) Interest income from long term bank deposit or bank investment (at least 5-years maturity). In case of pre-termination of the long-term deposit or investment, depending on the holding period. 5 years or more 4years to less than 5 years 3 years to less than 4 years Less than 3 years TAXPAYER RC, RA NRC, NRANETB, NRAET 20% 20% 25% 7 ½% 15% Exempt Exempt Exempt 5% 12% 20% Exempt 5% 12% 20% Exempt Exempt 25% 25% 25% 25% ROYALTIES TAXPAYER TAXPAYER ________________________ RC, RA _________________________ NRC NRAET NRAETB 10% 10% 25% 20% 20% 25% Royalties from: a. Literary works b. Books c. Musical Composition OTHER Royalties DIVIDENDS TAXPAYER RC,RA NRC NRAET NRANETB, SAE 10% 20% 25% b)Share in the distributable net income after tax of partnership except (GPP)** 10% 20% 25% c) Share in the net income after tax of: 1. Association 2. Joint Account 3. Taxable joint venture or Consortium*** 10% 20% 25% a) Dividends actually or constructively received from: I. Domestic Corporation II. Joint Stock Company III. Insurance or mutual fund company; and IV. Regional operating headquarters of multinational company. ** SHARE IN THE NET INCOME OF A PARTNERSHIP GENERAL PARTNERSHIP GENERAL “PROFESSIONAL” PARTNERSHIP Treated as dividend income, generally Not treated as dividend income. Subject to basic subject to 10% final withholding tax. tax under section 24 (A). CO-VENTURER Individual SHARE IN THE NET INCOME OF A JOINT VENTURE TAXABLE JV ***NON-TAXABLE JV Treated as dividend income, Not Subject to basic tax treated as dividend generally subject withholding tax. under to 10% final withholding tax. section 24(A). Corporation Treated as inter-corporate dividend income, hence, tax exempt Subject to basic corporate tax (not as dividend income) ****NON-TAXABLE JV "Joint ventures or consortium organized for the following purposes: 1) Construction projects; 2) Engaged in petroleum, coal, geothermal and other energy operations pursuant to operating or consortium agreement under a service contract with the Government. PRIZES TAXPAYER Amount is more than 10,000 Amount is not more than 10,000 RC, RA NRC NRAET 20% Basic Tax 20% Basic Tax NRANETB 25% 25% WINNINGS TAXPAYER o o OTHER Winnings* PCSO/Lotto Winnings Prior to 2018 TRAIN LAW (beginning Jan. 1,2018) Not more than P10k More than P10k RC, RA NRC 20% NRAET 20% NRANETB 25% Exempt Exempt 25% Exempt 20% Exempt Exempt 25% 25% *NOT INCLUDED are winnings exempt from income tax such as but not limited to: Winnings under Sec. 126 of the Tax Code [subject to OPT (only) of 4%; 10%, as the case may be] Prizes and awards made primarily in recognition of religious, charitable, scientific, educational, artistic, literary, or civic achievement but only if - The recipient was selected without any action on his part to enter the contest or proceeding; - The recipient is not required to render substantial future services as a condition to receiving the prize or award. All prizes and awards granted to athletes in local and international sports competitions and tournaments whether held in the Philippines or abroad and sanctioned by their national sports associations. **One of the obvious errors/inconsistencies under the TRAIN Law CAPITAL GAINS TAX (CGT) and STOCK TRANSACTION TAX (STT) ON SALE OF SHARES OF DC -Not Through the local stock exchange TAX RATE (sold directly to a buyer) o Prior to 2018 CGT o Beginning 2018 (TRAIN Law) -Through the local stock exchange o Prior to 2018 o Beginning 2018(TRAIN Law) o o CGT 1st P100,000 gain = 5% In excess of P100,000 = 10% 15% of capital gain STT STT ½ OF 1% of GSP 6/10 OF 1% of GSP Sale of shares of a domestic corporation NOT Through the local stock exchange to the buyer) is subject to CGT. FORMULA in computing the capital gain: Selling Price PXX Pxx Acquisition Cost (xx) Cost to sell Net (xx) Capital Gain Pxx Rate % CGT Pxx Under RR 6-2013, the value of the shares of stock at the time of sale shall be the fair market value. In determining the value of the shares, the Adjusted Net Asset Method shall be used whereby all assets and liabilities are adjusted to market values. For purposes of discussion in this review material, the selling price is assumed to be the market value computed using the aforementioned method, assuming the latter is not provided. All individual taxpayers are subject to CGT on shares of stock of domestic corporations Sale of shares of a domestic corporation THROUGH THE LOCAL STOCK EXCHANGE is not subject to income tax but to a “business tax” under Section 127(A) of the Tax Code as follows: - Prior to 2018: STT of 12 of 1% of Gross Selling Price - Beginning Jan. 1, 2018 (TRAIN Law): STT of 6/10 of 1% of Gross Selling Price Sale of shares of stock of a foreign corporation is subject to basic income tax. The CGT and STT are applicable only to shareholders/investors because for income taxation purposes, sale of shares of stock by a dealer in securities regardless of whether the shares were sold directly to a buyer or through the local stock exchange, is subject to basic income tax. Moreover, issuance of shares by the issuing corporation is not subject to except DST and Stock Transaction Tax on Initial Public Offering under Section 127(B) of the Tax Code. CAPITAL GAINS TAX (CGT) ON SALE OF REAL PROPERTY REQUISITES: 1. The real property must be a capital asset; and, 2. It must be located in the Philippines. FORMULA: Capital Gains Tax = TAX BASE x 6% TAX BASE: Highes t 1. Selling Price 2. Fair Market Value 3. Zonal Value 4. OPTIONS OF THE SELLER IN CASE OF SALE TO GOVERNMENT OR ANY DO SUBDIVISIONS OR AGENCIES OR GOCC'S: 1. Pay 6% CGT; or 2. Pay Basic Income Tax REQUISITES FOR EXEMPTION: 1. The property sold must be the principal residence of the seller, 2. Proceeds is fully utilized in acquiring or constructing a new principal residence; 3. Utilization must be made within 18 calendar months from the date of sale or disposition, 4. Notify the BIR Commissioner within 30 days from the date of sale or disposition of the intention to avail the exemption; 5. The said exemption can only be availed once every 10 years. PARTIAL EXEMPTION / TAXABLE PORTION: If there is no full utilization of the proceeds of sale or disposition, the portion of the gain presumed to have been realized from the sale or disposition shall be subject to capital gains tax as follows: SP Taxable = Unutilized Portion X FMV Amount Gross Selling Price Zonal CGT = Taxable Amount x 6% DUE DATE: The tax on the unutilized portion shall be paid within 30 days after the expiration of the eighteen (18) month period. Taxation of NRA-NETB NRA-NETB is subject to: 1. 25% FWT ON ALL a. Ordinary income b. Passive income derived from sources within the Philippines (including interest income from long-term bank deposit or investment and PCSO/Lotto winnings except interest income on bank deposit under FCDU) 2. CGT on sale of shares of a domestic corporation directly to a buyer 3. CGT on sale of a real property classified as, capital asset located in the Philippines BASIC INCOME TAX Use the graduated tax rate or tax table, as amended Income subject to basic tax are: o Ordinary income (le, compensation income, business income) o Passive income derived abroad by RCS o Capital gains not subject to CGTs Income subject to basic tax is reflected in the income tax return of the taxpayer Generally subject to creditable withholding tax to creditable withholding taxes which may be deducted from the basic income tax due. It is the payee (income earner) who has the responsibility to file the return and pay the applicable tax. GRADUATED TAX RATE PRIOR to 2018 INCOME Not over P10,000 Over P10,000 but not over P30,000 TRAIN LAW-TAXABLE YEAR 2018-2019 INCOME TAX Exempt P500+10% in excess over P250,000 TAX Not over P250,000 Exempt Over P250,000 but 20% of excess over P250,000 2023 ONWARD TAX Exempt 15% of excess over P250,000 not over P400,000 Over P30,000 but not over P2,500+15% in excess of Over P400,000 but P30,000+25% in excess of P70,000 P30,000 not over 800,000 P400,000 P400,000 Over P70,000 but not over P8,500+20% in excess of P130,000+30% in excess of P102,500+25% in excess of P140,000 P70,000 P800,000 P800,000 Over P140,000 but not over P22,500+25% in excess of P490,000+32% in excess of P402,500+30% in excess of P250,000 P140,000 P8,000,000 P2,000,000 Over P250,000 but not over P50,000+30% in excess of P2,410,000+35% in excess of P2,202,500 + 35% in excess of P500,000 P250,000 P8,000,000 P8,000,000 Over P500,000 P125,000 + 32% in excess Over P800,000 but notover P2,000,000 Over P2,000,000 but not over P8,000,000 Over P8,000,000 P22,500+20% in excess of of P500,000 Provided that after 2020, the taxable income tax levels in the above schedules shall be adjusted once every five (5) years, through rules and regulations issued by the Department of Finance, upon recommendation of the Commissioner, after considering among others, the effect of the same of the 5-year cumulative inflation rate. Self-Employed and/or Professionals (SEP) Sec. 24(A)(2)(B) of the Tax Code as amended by RA10963 (TRAIN Law) provides the following rules for SEP: PURELY SEP MIXED INCOME EARNER With gross sales/receipts 3M and below Regular income tax OR 8%tax on Gross Sale/Receipts and other operating above P3M Regular Income Tax Compensation Regular Income Tax Business/Professional income P3M and below Above P3M Regular income tax Regular OR 8%tax on Gross Income Tax Sale/Receipts and other operating income in excess of P250,000 IN LIEU of the graduated tax rate and Section 116 income in excess of P250,000 IN LIEU of the graduated tax rate and Section 116 **Provided, the SEP is: (1)non-vat registered; (2)not engaged in vat exempt-sales/transaction(s); and (3)not subject to other OPT other than Sec. 116. NOTE: Sec. 116 is a business tax, not an income tax. It is computed as 3% of gross sales/receipts and other operating income, Business taxes are discussed in volume 2 of this book entitled “Transfer and Business Taxation". The option to be taxed at 8%** is available only to taxpayers who are (a) non-VAT registered and (b) liable for 3% percentage tax under Section 116 of the NIRC. As such, (a) VAT-registered taxpayers or (b) those liable for Percentage Taxes under Title V of the NIRC (except for Sec. 116) have no other option than to be taxed using the graduated rates. Unless the taxpayer signifies in the 1st Quarter Return of the taxable year the intention to elect the 8% income tax, the taxpayer shall be considered as having availed of the graduated rates under Section 24(A) of the Tax Code, as amended, and such election shall be irrevocable. PROVIDED, that at any time during a given taxable year, a taxpayer's gross sales or receipts exceeded the VAT Threshold (P3,000,000, as amended; previously P1,919,500), he/she shall automatically be subjected to the graduated rates under Section 24(A)(2)(a) of the Tax Code, as amended, with the following rules/guidelines: o The taxpayer shall be allowed an income tax credit of quarterly payments initially made under the 8% income tax option. Taxpayer is likewise liable for business tax(es), in addition to income tax. A percentage tax pursuant to Section 116 of the Tax Code, as amended, shall be imposed on the first R3,000,000 The excess of the threshold shall be subject to VAT. Percentage tax due on the R3,000,000 shall be collected without penalty, if timely paid on the due date immediately following the month the threshold was breached. Minimum Wage Earners The term "statutory minimum wage (SMW)"earner shall refer to a worker in the private sector paid the statutory minimum wage, or to an employee in the public sector with compensation income of not more than the statutory minimum wage in the non agricultural sector where he/she is assigned (RR 10-2008). MWEs are exempt from income tax on: 1. Minimum wage 2. Holiday pay 3. Overtime pay 4. Night shift differential 5. Hazard pay APPLICABLE TAXES OF MWES (RR 10-2008: Sonano vs. See of Finance with GR No 184450) Purely MWE Exempt from income tax MWE with additional “compensation" income exceeding Still considered MWE, hence, Still considered MWE, hence, tax-exempt thresholds-of: Exempt from income tax Prior to 2018: P82,000 (Soriano vs. Secretary of Finance with Beginning 2018 (TRAIN Law): 290,000 GR No. 184450 dated Jan 24, 2017) MWE with additional “business" income Income as MWE = Exempt Business income = Taxable Basic Income Tax of Married Individuals Married individuals (i.e., husband and wife) are required by law to file a consolidated income tax return, but they shall compute separately their individual income tax. Income which cannot be definitely attributed to or identified as income exclusively earned or realized by either of the spouses, the same shall be equally divided between the spouses for purposes of determining their taxable income. If the spouses are only physically separated and there is no legal separation, the are still required by law to file consolidated or joint returns for which they are considered as jointly and severally liable to the tax. Income Tax of Senior Citizens Senior Citizens deriving returnable income are required to file their income tax returns and pay the tax as they file the return. Senior Citizens as MWE - Exempt from income tax on the said compensation income Aggregate gross income (prior to TRAIN Law) does not exceed the amount of his personal exemptions (BPE and APE), he shall be exempt from income tax and shall not be required to file income tax return. The exemption of a senior citizen granted under RA 9994 otherwise known as the "Expanded Senior Citizen Act of 2010" will not extend to all types of income earned during the taxable year. PRIOR TO 2018 OR BEFORE THE EFFECTIVITY OF TRAIN LAW, a benefactor of a Senior Citizen is entitled to a basic personal exemption of P50,000 which is the allowed basic personal exemption of all qualified individual taxpayers required to file income tax returns as provided under RA 9504. However, a senior citizen who is not gainfully employed, living with and dependent upon * his benefactor for chief support will not entitle the benefactor to claim additional personal exemption of P25,000. Fringe Benefits and De Minimis Benefits (FBT) CRT is a final withholding tax imposed on the grossed-up monetary value of the fringe benefit furnished, granted or paid by the employer to managerial or Oec whether such employer is an individual, professional partnership supervisory employees, whether such emplover is an indi or corporation, regardless of whether the corporation is taxable or not. or the government and its Instrumentalities. (Section 33, RA 8424. RR NA 2001, The term "Fringe Benefit” means any good, service, or other benefit furnished or granted by an employer in cash or in kind, in addition to basic salaries to employee (except rank and file employee) such as but not limited to the following. a. Housing b. Expense Account c. Vehicle of any kind d. Household personnel, such as maid, driver and others e. Interest on loan at less than market rate to the extent between the market rate and the actual rate granted f. Membership fees, dues and other expenses borne by the employer for the employee in social and athletic Clubs or other similar organizations g. Holiday and vacation expenses h. Educational assistance to the employee or his dependents i. Life or health insurance and other non-life insurance premiums or similar amounts in excess of what the law allows; and j. Expenses for foreign travel THE FOLLOWING FRINGE BENEFITS ARE NOT SUBJECT TO FBT: 1) Fringe benefits given to rank and file employees (not subject to FBT but subject to basic income tax) 2) Housing benefits/privilege: a. Of military officials of the Armed Forces of the Philippines (AFP). b. Which is situated inside or adjacent (within 50 meters from the perimeter of the business premises) to the premises of a business or factory. c. Which are "temporary" for an employee or for a temporary housing unit of three (3) months or less. 3) Expenses incurred by the employee which are paid by the employer and expenses paid for by the employee but reimbursed by his employer, provided: a. The expenditures are duly receipted for and in the name of the employer; b. It does not partake the nature of a personal expense attributable to the employee; 4) Allowances subject to liquidation (tax exempt allowances) Allowances not subject to liquidation are taxable. Representation and transportation allowances which are fixed in amounts and are regularly received by the employees as part of their monthly compensation (exempt from FBT but subject to basic income tax). 5) Reasonable business travel expenses: Inland travel expenses (such as expenses for food, beverages and local transportation) during foreign travel. Lodging cost in a hotel (or similar establishments) amounting to an average of US$300 or less per day during foreign travel. Cost of economy and business class airplane ticket for "foreign" travel. 70% of the cost of first class airplane ticket for foreign travel. BUSINESS travel expenses "within the Philippines" are generally assumed to be reasonable in amount. 6) Educational assistance TO THE EMPLOYEE, provided: a. The education or study is directly connected with the employer's trade, business or profession; and b. .There is a written contract between them that the employee is under obligation to remain in the employ of the emplover for a period of time they have mutually agreed upon TO THE DEPENDENTS OF THE EMPLOYEE, provided that the assistance was provided through a competitive scheme under the scholarship program of the Company. 7) Contributions of the employer for the bench of the employee on the following: a. Pursuant to the provisions of existing law, such as under SSS and GSIS b. Similar contributions arising from provisions of any other existing law c. To retirement, insurance and hospitalization benefit plans 8) The cost of premiums borne by the employer for the group insurance of his employees 9) Fringe benefits which arelit: authorized and exempted from income tax under the Tax Code or under any special law The fringe benefit is required by the nature of or necessary to the trade, business or profession of the employer, For the convenience or advantage of the employer; De Minimis Benefits The following are de minimis benefits under RR 10-2008 as amended by RA 10963 (TRAIN Law); RR &-2018, RR 11-2018, RR &-2012; RA 10653, RR 1-2015/RR 3-2015: a. Monetized unused vacation leave credits of private employees not exceeding ten (10) days during the year and the monetized value of leave credits paid to government officials and employees b. Medical cash allowance to dependents of employees not exceeding P1,500 per employee per semester or P250 per month (RR 11-2018; TRAIN Law); c. Rice subsidy of P2,000 or one (1) sack of 50-kg. Rice per month amounting to not more than P2,000 (RR 11-2018; TRAIN Law); d. Uniform and clothing allowance not exceeding P6,000 per annum (RR 11-2018; TRAIN Law); e. Actual yearly medical benefits not exceeding P10,000 per annum; f. Laundry allowance not exceeding P300 per month; g. Employees achievement awards, e.g., for length of service or safety achievement, which must be in the form of a tangible personal property other than cash or gift Certificate, with an annual monetary value not exceeding P10,000 received by the employee under an established written plan which does not discriminate in favor of highly paid employees; h. Gifts given during Christmas and major anniversary celebrations not exceeding P5,000 per employee per annum; i. Daily meal allowance for overtime work and night/graveyard shift not exceeding twentyfive percent (25%) of the basic minimum wage. j. Starting January 1, 2015, benefits received by an employee by virtue of a collective bargaining agreement (CBA) and Productivity incentive schemes, provided, that the total annual monetary value received from the two (2) items combined, do not exceed P10,000 per employee per taxable year (RR 1-2015). 13th Month Pay and "Other Benefits" 13th month pay and Other Benefits received by officials and employees of public od private entities not exceeding 290,000 beginning January 1, 2018 under the Law (P82,000 from 2015 to 2017; 30,000 before 2015) are exempt from income tax and creditable withholding tax on compensation income. Amount "in excess of P90,000 (as amended) should form part of an individual’s gross income and would be subject to income tax and applicable creditable withholding taxes. "OTHER BENEFITS" under RR 2-98 as amended by RR 3-2015 include: Christmas bonus Productivity incentive bonus Loyalty awards Gifts in cash or in kind and other benefits of similar nature actually received by officials and employees of both government and private offices Gifts given during Christmas and major anniversary celebrations not exceeding P5,000 per employee per annum shall be treated as "de minimis" benefits. Any excess shall be included as part of "other benefits" (RR 10-2008 as amended by RR 5-2011, RR 8-2012 and RR 1-2015]. EXCESS OF DE MINIMIS OVER THE CEILINGS & 13 'MONTH PAY De minimis benefits "conforming to the Tax Exempt: Excluded in determining the “ceiling" P90,000 ceiling of "other benefits." "Excess" of the de minimis benefits over their respective ceilings Included in determining the 290,000 ceiling of "other benefits” Amount in excess of P90,000 is subject to basic Income tax FORMULA IN COMPUTING THE FRINGE BENEFITS TAX and MONETARY VALUE PRIOR to 2018 EMPLOYEE RC, NRC, SAEs/ RA, NRA-ET NRA-NETB SFEs** Monetary value Divide by GUMVF Grossed-up monetary value (GUMV) x FBT Rate Fringe benefit tax Pxx 68% Pxx 32% Рxx 75% Pxx 25% Pxx 85% Pxx 15% Pxx Pxx Pxx **PRIOR to 2018 SEFS employed by ROHQS/RHQs not qualified for the 15% income tax on otion income shall still be subject to 15% FBI it such SHE IS holding managerial position. The coverage of 15% fringe benefit tax and 15% tax on compensation income are independent to each other. Thus, there would be instances where a Filipino employee shall enjoy 15% preferential tax rate but may not be covered by fringe benefit tax for not being a supervisory/managerial employee. Beginning January 1, 2018 under the TRAIN Law EMPLOYEE Monetary value Divide by GUMVF Grossed-up monetary value (GUMV) x FBT Rate Fringe benefit tax RC, NRC, RA, NRA-ET NRA-NETB Pxx Рxx 65% 75% Pxx Pxx 35% 25% Pxx Pxx MONETARY VALUE: In General, the valuation of fringe benefits shall be as follows BENEFIT MONETARY VALUE Money Money Non-cash property with transfer of ownership Non-cash property, ownership is not transferred Employer lends money free of interest Employer lends money at a rate lower than 12% = Amount of money = FMV vs. ZV, if applicable Non = Depreciation value = Principal x 12% = Principal x (12%-Actual Rate ) EXCEPTIONS: Monetary Value of Housing and Motor Vehicle as shown below: HOUSING BENEFIT VALUATION 1. Employer leases a residential property for the use of the employee 2. Employer owns a residential property for the use of the employee 3. Employer purchases residential property in installment for use employee 4. Employer purchases residential property and transfers ownership to employee 5. Employer purchases residential property and transfers ownership to employee on a lesser amount Rental paid x 50% FMV in the Real property declaration or Zonal value x 5%x50% Acq. cost, exclusive of interest x 5% x 50% acq. cost or Zonal value as determined by the CIR FMV in the real property declaration or Zonal as determined by the CIR less cost to the employee MOTOR VEHICLE 1) 2) 3) 4) Employer owns and maintains a fleet of motor vehicles for the use of the business and employees Employer leases/maintains a fleet of motor vehicles for the use of the business and the employees Employer purchases vehicle in the name of the Employee Employer provides employee with cash for the EVALUATION Acquisition cost of vehicles not normally used for business divided by 5 years x 50% Amount of rental payments not normally used for business purposes x 50% Acquisition cost Cash received purchase of the vehicle, and ownership is placed in the name of the employee. 5) Employer purchases the vehicle on installment and ownership is placed in the name of the employee. 6) Employer shoulders a portion of the amount of the purchase price of vehicle and ownership is placed in the name of the employee. Acquisition cost exclusive of interest divided 5years Amount shouldered by employer FILING OF INCOME TAX RETURNS Manner of Filing Filing of Tax Returns may be made through: Manual Filing Electronic Filing and Payment System (EFPS) eBIR Forms 1. Final Withholding Tax on passive income January to November 2. MANUAL FILING 10th day of the month following the month the withholding was made December January 15 of the succeeding year Capital Gains Tax a) Shares of stock l. Ordinary Return - 30 days after each transaction II. Final Consolidated Return - on or before April 15 of the following year b) Real Property - 30 days following each sale or other disposition 3. Fringe Benefits Tax - 10th day of the month following the end of the calendar quarter in which the fringe benefits were granted to the record 4. Basic Income Tax Apply calendar year Purely Compensation income earners: April 15 of the succeeding year. For Business income earners including income from practice of profession: The individual taxpayer is required to file a quarterly tax return (regardless of the results of operations) as follows: 1st Quarter 2nd Quarter 3rd Quarter Annual return May 15 (TRAIN Law); April 15 (Prior to TRAIN Law) Aug. 15 (or 45 days after end of Quarter) Nov. 15 (or 45 days after end of Quarter) April 15 of the succeeding year (same with 1st quarter return for income earned prior to TRAIN Law) Required to File: 1. Resident citizens receiving income from sources within or outside the Philippines 2. 3. Employees deriving purely compensation income from 2 or more employers. Concurrently or successively at anytime during the taxable year. Employees deriving purely compensation income regardless of the amount whether from a single or several employers during the calendar year, the income tax of which has not been withheld correctly (i.e. tax due is not equal to the tax withheld) resulting to collectible or refundable return. 4. Self-employed individuals receiving income from the conduct of trade or business and/or practice of profession. 5. Individuals deriving mixed income, i.e., compensation income and income from the conduct of trade or business and/or practice of profession. 6. Individuals deriving other non-business, non-professional related income in addition to compensation income not otherwise subject to a final tax. 7. Individuals receiving purely compensation income from a single employer although the income of which has been correctly withheld, but whose spouse is not entitled to substituted filing 8. Marginal income earners 9. Non-resident citizens receiving income from sources within the Philippines 10. Aliens, whether resident or not, receiving income from sources within the Philippines NOT Required to File: 1. An individual who is a minimum wage earner. 2. An individual whose gross income does not exceed his total personal and additional exemptions (for incomes earned prior to TRAIN Law). 3. An individual whose income has been subjected to final withholding tax [alien employee as well as Filipino employee occupying the same position as that of the alien employee of regional headquarters and regional operating headquarters of multinational companies, petroleum service contractors and sub-contractors and offshore-banking units (Prior to TRAIN Law) as well non resident aliens not engaged in trade or business) 4. Those who are qualified under "substituted filing" of income tax returns. However, substituted filing applies only if all of the following requirements are present: a. b. c. d. e. the employee received purely compensation income (regardless of amount) during the taxable year the employee received the income from only one employer in the Philippines during the taxable year the amount of tax due from the employee at the end of the year equals the amount of tax withheld by the employer the employee's spouse also complies with all 3 conditions stated above the employer files the annual information return (BIR Form No. 1604-CF) the employer issues BIR Form No. 2316 (Oct 2002 ENCS version) to each employee. QUIZZER Choose the letter of the correct answer. Principles, Classification of Individual Taxpayers 1. A Filipino citizen is a natural person who is/has I. Born by birth with father and/or mother as Filipino citizens. II. Born before January 17, 1973 of Filipino mother who elects Philippine citizenship upon reaching the age of majority. III. Acquired Philippine citizenship after birth (naturalized) in accordance with Philippine laws. a. I only c. I and III only b. I and II only d. l, II and III Answer: D 2. Individual taxpayers are I. El Natural persons with income derived within the territorial jurisdiction of a taxing authority. II. Natural persons classified as citizens and aliens a. l only c. I and II b. ll only d. None of the above Answer: 3. Statement 1: The intention with regard to the length and nature of stay of an alien determines whether he is a resident or nonresident. Statement 2: A foreigner who has acquired residency in the Philippines shall only become a nonresident when he actually departs with the intention of abandoning his residency in the Philippines. a. Only statement 1 is correct b. Only statement 2 is correct c. Both statements are correct d. Both statements are incorrect Answer: C 4. Determine the correct classification of the following: I. II. Manny, a Filipino businessman, went on a business trip abroad and stayed there most of the time during the year. Kyla, a Filipino professional singer, held a series of concerts in various countries around the world during the current taxable year. She stayed abroad most of the time during the year. lll. Efren, a Filipino “cue” artist went to Canada during the taxable year to train and participate in the world cup of pool. He stayed there most of the time during the year A B C D I. NRC RC RC RC II. NRC NRC RC RC III. NRC NRC NRC RC Answer: D To be considered nonresident, the intention should be to stay abroad as an immigrant or for employment on a permanent basis or whose employment thereat requires him to be physically present abroad most of the time [for one hundred eighty-three days (183) or more during the taxable year. 5. Statement 1: Overseas Filipino Workers duly registered as such with the Philippine Overseas Employment Administration (POEA) with valid Overseas Employment Certificate (OEC) refer to Filipino citizens employed in foreign countries and whose salaries are paid employers abroad and are not borne by entities or persons in the Philippines. Statement 2: Filipino citizen Seafarers who receive compensation for services rendered abroad as a member of the complement of a vessel engaged exclusively for international trade are considered Overseas Filipino Workers provided they are duly registered as such with the Philippine Overseas Employment Administration (POEA) with a valid Overseas Employment Certificate (OEC) with Seafarers Identification Record Book (SIRB) or Seaman's Book issued by the Maritime Industry Authority (MARINA). A B C D Statement 1 True False True True Statement 2 True False False True Answer: C 6. Bu-dhoy, a Mongolian national, arrived in the Philippines on January 1, 2018 to visit his Filipina girlfriend. He planned to stay in the country until December 31, 2020, by which time he would go back to his legal wife and family in Mongolia. Bu-dhoy derived income during his stay here in the Philippines. For 2018 taxable year, Bu-dhoy shall be classified as a : a. Resident alien b. Non-resident alien engaged in trade or business in the Philippines c. Non-resident alien not engaged in trade or business in the Philippines d. Special alien employee Answer: A 7. 8. 9. 10. He was a resident of the Philippines for the entire 2018 taxable year. Due to his expertise, Engr. Pedro D. Magiba (a freelancer) was hired by a foreign petroleum contractor in Thailand to provide technical assistance for two months from February to March. He was hired again for the months of June-July and OctoberDecember of the same taxable year. Engr. Pedro D. Magiba is a a. Resident citizen b. Nonresident citizen c. Special Filipino employee d. None of the above Answer: B Engr. D Magiba's employment in Thailand requires him to be physically present abroad most of the time during the taxable year [one hundred eighty three (183) days or more). On 12. October 2016, Mr. Bald Nha, an American basketball coach was hired as a team consultant by one of the teams in the Philippine Basketball Association (PBA) for one conference which will last for a period of not more than three (3) months from October December 2016. His coming to the Philippines was for a definite purpose. However, he was subsequently chosen to coach the Philippine men's basketball team for a period of two (2) years. The American mentor intends to leave the Philippines as soon as his job is finished. For 2016 taxable year, the American coach shall be classified as: a. Resident alien. b. Nonresident alien engaged in trade or business. c. Nonresident alien not engaged in trade or business. d. Resident citizen. Answer: A An alien who comes to the Philippines for the purpose that requires extended stay for its accomplishment, so he makes his home temporarily in the Philippines, is a resident, regardless of his intention to return to his residence abroad. Rihanna, an American singer, was engaged to sing for one week at the Western Philippine Plaza after which she returned to USA. For income tax purposes, she shall be classified as: a. Resident alien. b. Nonresident alien engaged in trade or business. c. Nonresident alien not engaged in trade or business. d. Resident citizen. Answer: C Mr. Almansor Sebastian, an Iranian and a resident of Tehran, Iran stayed in the Philippines from July 1-15. 2018 to watch the 2019 FIBA World Qualifying tournament held in MOA Philippines. During his stay, he bought equity investments from Alpha and Delta Corporations (domestic corporations). He likewise invested in a mutual fund of Banko de Isla de Pilipinas, a local bank. Mr. Almansor Sebastian is a: a. Resident alien b. Nonresident alien engaged in trade or business. c. Nonresident alien not engaged in trade or business. d. Resident citizen. Answer: C Dividends from equity investments as well as interest income from investments in mutual funds are not considered " operations" for income tax purposes. Incomes from these investments are classified as passive incomes rather than business incomes. Source(s) of Taxable income 11. It is important to know the source of income for income tax purposes (i.e. from within without the Philippines) because: a. Some individuals and corporate taxpayers are are taxable based on their worldwide income while others are taxable only on their income from Philippines b. The Philippines imposes income tax only on income from c. Some individual taxpayers are citizens while others are aliens. d. Export sales are not subject to income tax. Answer: A 12. Which of the following is correct? I. A citizen of the Philippines residing therein is taxable on all income derived from sources within and without the Philippines. II. A non-resident citizen is taxable only on income derived from sources within the Philippines. III. An alien individual, whether a resident or not of the Philippines is taxable only on income derived from sources within the Philippines. IV. A seaman who is a citizen of the Philippines and who receives compensation for services rendered abroad as a member of the complement of a vessel engage in international trade shall be treated as an overseas contract worker. a. I, II and III only c. I, II and IV only b. 1, III and IV only d. l, ll, III and IV Answer: D 13. Taxable only on income from sources within the Philippines, except S a. Resident citizen c. Resident alien b. Nonresident citizen d. Nonresident alien Answer: A 14. Situs of taxation is world/global taxation Resident citizen Resident alien Nonresident alien engaged in trade A True True True B False False False C True False False D True False True Answer: C 15. Who of the following individual taxpayers is taxable on income derived from within and without the Philippines?. a. Pedro, a native of Bacolod City, working as overseas contract worker in Iraq. b. George, naturalized Filipino citizen and married to a Filipina. He had been living in Pampanga since 1990. , c. Pao Gasul, Spanish citizen, a resident of Madrid, Spain, spent a one (one) Week vacation in Boracay. d. Lee Min Ho, Korean singer, held a 3-day concert in Manila. Answer: B 16. Pedro Dela Cruz, nonresident citizen, arrived in the Philippines on July 1, 2018 to reside here permanently after working as a nurse in the United States for many years. Which on the following statements is correct with respect to his classification for income tax purposes? a. He shall be classified as nonresident citizen for the year 2018 with respect to his income derived from sources abroad from January 1, 2018 until the date of his arrival in the Philippines. b. He shall be classified as nonresident citizen for the whole year of 2018. c. He shall be classified as resident citizen for the whole year 2018. d. He shall be classified as neither resident nor nonresident citizen for the year 2018. Answer: A 17. Individual taxpayers are subject to the following income tax I. Basic tax based on graduated tax table II. Final withholding tax on passive income derived from source within the Philippines III. Capital gains tax IV. Stock transaction tax of 6/10 of 1% of gross selling price a. I and II only C. I, II and III only b. I and III only d. All of the above Answer: C The stock transaction tax is not an income but a business tax under Sec. 127(A) NIRC. 18. LJ, married, left the Philippines in the middle of the year on July 1, 2018 to go abroad and work there for five (5) years. The following data were provided as of December 31, 2018: Phis. Gross Business Income Business Expense PERIOD Philippines Abroad Philippines Abroad Jan. 1 to June 30 P300,000 P200,000 P100,000 P50,000 July 1 to Dec. 31 600,000 400,000 150,000 50,000 His taxable income is: a. P800,000 b. P950,000 c. P1,1000,000 d. P600,000 Answer: A TNI = P300,000 + 200,000 + 600,000 - 100,000 - 50,000 – 150,000 TNI = P800,000 Personal exemptions (basic and additional), under the TRAIN Law are no longer allowed beginning January 1, 2018. 19. Based on the above problem, but assuming he arrived from abroad on July 1, 2018 to permanently resettle in the Philippines, after working abroad for 5 years, his taxable income as of December 31, 2018 is: a.R750,000 c. R1,100,000 b. P1,000,000 d. P600,000 Answer: B TNI = P300,000 +600,000 +400,000 – 100,000 – 150,000-50,000 TNI = P1,000,000 20. If he did not leave Philippines at all, LJ's taxable income is: a. P750,000 c. P1,150,000 b. P950,000 d. P600,000 Answer: C TNI = total net income Philippines and abroad TNI = P1,150,000 21. Chris is a Filipino immigrant living in the United States for more than 15 years. He is retired and he came back to the Philippines as a balikbayan. Every time he comes to the Philippines, he stays here about a month. He regularly receives a pension from his former employer in the United States, amounting to US$2,000 a month. While in the Philippines, with his pension pay from his former employer, he purchased three condominium units in Makati which he is renting out for P25,000 a month each. Does the US$2,000 pension become taxable because he is now in the Philippines? a. Yes, income received in the Philippines by the non-resident citizens is taxable b. Yes, income received in the Philippines or abroad by non-resident citizen is taxable. c. No, income earned abroad by non-resident citizens are not taxable in the Philippines. d. No, the pension is exempt from taxation being one of the exclusions from gross income. Answer: C 22. Floyd, an American citizen who is married to a beautiful Filipina owns a building in the United States and leases the same to businesses owned by Filipino residents. Floyd has his residence in the Philippines and all his children are studying in top Philippine universities. Which of the following statements is true regarding the rental income? a. Taxable in the Philippines because he had his residence in the Philippines. b. Taxable in the Philippines because his wife is a resident citizen and they are all residents of the Philippines. c. Taxable in the Philippines because he derives his income from Filipino resident lessees. d. Exempt in the Philippines because Floyd is resident alien. As such, he is taxable only on income derived from sources within the Philippines. Answer: D The next four (4) questions are based on the following data: Carlo, married, with two dependent children, received the following income: Rent, Philippines P1,000,000 Rent, Hongkong 200,000 Interest, peso deposit, MBTC 100,000 Interest, US$ deposit, BDO ($10,000 x P42) 420,000 Interest, deposit in Hongkong (HK$10,000 x P5) 50,000 Prize (cash) won in a local contest 8,000 Prize (TV) won in a local lottery 50,000 PCSO/Lotto winnings 2,000,000 Prize won in contest in U.S. 300,000 Lotto winning in U.S. 100,000 Dividend, domestic company 600,000 23. Assuming the taxable year is 2017, determine the taxable net income assuming he is: a. b. c. d. RC P80,000 180,000 1,558,000 1,658,000 Answer: C NRC P180,000 80,000 908,000 1,008,000 RA P830,000 1,000,000 908,000 1,008,000 NRA-ETB P180,000 1,000,000 908,000 1,008,000 Solution: Rent, Philippines Rent, Hongkong Interest, peso deposit, MBTC Interest, US$ deposit, BDO Interest, deposit in Hongkong Prize (cash) won in a local contest Prize (TV) won in a local lottery PCSO/Lotto winnings Prize won in contest in U.S. Lotto winning in U.S. Dividend, domestic company Basic exemption Additional exemption Taxable net income RC P1,000,000 200,000 20% FWT 7.5% FWT 50,000 8,000 20%FWT Exempt 300,000 100,000 10% FWT (50,000) (50,000) P1,558,000 NRC, RA, NRA-ET P1,000,000 20% FWT 7.5% FWT for RA Exempt foNRC&NRAET 8,000 20%FWT Exempt 10%FWT for RA&NRC 20% for NRAET (50,000) (50,000) P908,000 NOTE: • Taxable income: = generally pertaining to incomes subject to basic income tax and included in the income tax return of the taxpayer • Passive income subject to final withholding taxes and capital gains subject to CGTs are nonreturnable income. • Passive income subject to FWT shall refer only to those derived from Philippine sources. Passive incomes derived from abroad received by RCs are subject to basic tax. • The final tax on interest income earned under FCDS (7.5% prior to 2018; 15% beginning Jan. 1, 2018) is applicable only to resident taxpayers. • Prior to TRAIN Law, PCSO/Lotto winnings are exempt, except if received by NRANETB • Prizes: o Not more than P10,000 = basic tax o More than P10,000 = 20%FWT; 25% FWT for NRANETB Winnings: o PCSO/Philippine Lotto Prior to TRAIN Law; Exempt, except if received by NRANETB Beginning 2018; Not more than P10,000 = Exempt More than P10,000 = 20% FWT (RC, NRC, RA); Received by NRAETB = Exempt regardless of amount; not revised under TRAIN Law; one of the obvious errors under the TRAIN Law Received by NRANETB = 25% FWT regardless of amount. All income received from sources within the Philippines by NRANETB is subject to 25% FWT except for interest income received under FCDS or FCDU 24. Assuming the taxable year is 2018, determine the taxable net income assuming he is: RC NRC RA NRA-ETB a. P80,000 P180,000 P830,000 P180.000 b. 180,000 80,000 1,000,000 ,000,000 c. 1,558,000 908,000 908,000 908,000 d. 1,658,000 1,008,000 1,008,000 1,008,000 Answer: D Rent, Philippines Rent, Hongkong Interest, peso deposit, MBTC Interest, US$ deposit, BDO Interest, deposit in Hongkong Prize (cash) won in a local contest Prize (TV) won in a local lottery PCSO/Lotto winnings Prize won in contest in U.S. Lotto winning in U.S. Dividend, domestic company Basic exemption Additional exemption Taxable net income RC P1,000,000 200,000 20% FWT 15% FWT NRC, RA, NRA-ET P1,000,000 20% FWT 15% FWT for RA Exempt foNRC&NRAET 50,000 8,000 8,000 20%FWT 20%FWT Refer to NOTES above 300,000 100,000 10% FWT 10%FWT for RA&NRC 20% for NRAET NA NA NA NA P1,658,000 P1,008,000 Under RA No. 10963 (TRAIN Law), personal exemptions (basic and additional) as deductions from gross income are no longer allowed beginning January 1, 2018. 25. RC NRC NRAET a. P553,000 P490,000 P550,000 b. 121,500 90,000 150,000 c. 131,000 90,000 90,000 d. 142,000 90,000 150,000 Answer: B Solution: RC&RA NRC Interest, peso deposit, MBTC @ 20%; 25% P20,000 P20,000 Interest, US$ deposit, BDO @ 71% 31,500 exempt Prize (TV) won in a local lottery @ 20%; 25% 10,000 10,000 PCSO/Lotto winnings exempt exempt NRA-ET P150,500 687,500 90,000 150,000 NRA P20,000 exempt 10,000 exempt NRA-NET P25,000 exempt 12,500 500,000 Dividend, domestic company @ 10% Dividend, domestic company @ 20% Dividend, domestic company @ 25% Total FWT 60,000 P121,500 60,000 P90,000 120,000 P150,000 150,000 P687,500 26. Assuming the taxable year is 2018, determine the total final tax assuming he is: RC NRC RA NRA-ET a. P553,000 P490,000 P150,000 P687,500 b. 121,500 90,000 121,500 150,000 c. 131,000 90,000 90,000 90,000 d. P553,000 P490,000 P550,000 P687,500 Answer: A Solution: RC&RA Interest, peso deposit, MBTC @ 20%; 25% P20,000 Interest, US$ deposit, BDO @ 71% 31,500 Prize (TV) won in a local lottery @ 20%; 25% 10,000 PCSO/Lotto winnings exempt Dividend, domestic company @ 10% 60,000 Dividend, domestic company @ 20% Dividend, domestic company @ 25% Total FWT P121,500 NRC P20,000 exempt 10,000 exempt 60,000 P90,000 NRA P20,000 exempt 10,000 exempt 120,000 P150,000 NRA-NET P25,000 exempt 12,500 500,000 150,000 P687,500 ***The exemption of PCSO/Lotto winnings for NRA-ETB was not repealed under TRAIN Law Use the following data for the next two (2) questions: Ana, a resident citizen of the Philippines, provided the following data for year current taxable year: Gross income from business P700,000 Business Expenses 300,000 Royalty from books 40,000 Gain on direct sale to buyer of shares of stock of a domestic corporation held as capital asset 70,000 Loss on sale of land in the Philippines held as capital asset with cost of P1,500,000 when the zonal value is P1,200,000 500,000 27. Assuming the taxable year is 2017, how much is the total income tax expense of Ana? a. P116,500 c. P159,500 b. P207,500 d. P156,000 Answer: C Solution: Basic Income Tax Final Tax on Passive Income (40,000 x 10%) CGT on shares of stock (P70,000 x 5%) CGT on real properties (P1.2M x 6%) SP = Cost - Loss = P1.5M - 5M = P1M ZV = P1,200,000 TOTAL Income Tax Expense Gross income from business Business Expenses Basic personal exemption Taxable Net Income Tax Due; old graduated rate [(P50,0000 + (P100,000 x 30%)] P80,000*** 4,000 3,500 2,000 P159,500 P700,000 (300,000) (50,000) P350,000 P80,000** INCOME TAX EXPENSE = basic income tax + FWT on passive income + CGTaxes 28. Assuming the taxable year is 2018, how much is the total income tax expense of Ana? a. P116,500 c. P159,500 b. P207,500 d. P156,000 Answer: A Solution: Basic Income Tax Final Tax on Passive Income (40,000 x 10%) CGT on shares of stock (P70,000 x 15%) CGT on real properties (P1.2M x 6%) SP = Cost - Loss = P1.5M - .5M = P1M ZV = P1,200,000 TOTAL Income Tax Expense Gross income from business Business Expenses Basic personal exemption Taxable Net Income Tax Due (TRAIN Law) P30,000** 4,000 10,500 73,000 P116,000 P700,000 (300,000) NA P400,00 P30.000 Use the following data for the next eight (8) questions: Juan, married, supporting his three (3) minor children had the following data for The current taxable year (Exchange Rate $1 = P50); Philippines Abroad Business income Professional income Salaries Business and professional expenses Income tax paid P1,000,000 400,000 200,000 250,000 - $20,000 10,000 8,000 4,000 29. If Juan is a resident citizen and taxable year is 2017, his income tax payable is: a. P434,000 c. P589,000 b. P570,500 d. P509,000 Answer: D PHILIPPINES Business income (Philippines and abroad) Professional income Salaries Business and professional expenses P1,000,000 400,000 200,000 (250,000) P1,350,000 ABROAD TOTAL P1,000,000 500,000 (400,000) 1,100,000 P2,000,000 900,000 200,000 (650,000) Basic personal exemption Additional personal exemption (3 x P25,000) Taxable net income Income Tax Due (old tax table) Less: INCOME TAX CREDIT Actual ($4,000 x P50) = 200,000 Vs. Limit = 1,100/2,325 x P709,000 = P331,872 Allowed = Lower amount Income Tax Payable (50,000) (75,000) P2,325,000 P709,000 (200,000) P509,000 A resident citizen is taxable on income within and without Income tax paid abroad by a resident citizen is allowed as a tax credit against the income tax due, unless the taxpayer opted to classify the tax payment abroad as part of operating expenses. 30. If Juan is a resident citizen and taxable year is 2018, his income tax payable is: a. P434,000 c. P589,000 b. P570,500 d. P509,000 Answer: A PHILIPPINES Business income (Philippines and abroad) Professional income Salaries Business and professional expenses P1,000,000 400,000 200,000 (250,000) P1,350,000 ABROAD TOTAL P1,000,000 500,000 (400,000) 1,100,000 P2,000,000 900,000 200,000 (650,000) Basic personal exemption Additional personal exemption) Taxable net income Income Tax Due (old tax table) Less: INCOME TAX CREDIT Actual ($4,000 x P50) = 200,000 Vs. Limit = 1,100/2,325 x P709,000 = P331,872 Allowed = Lower amount Income Tax Payable P2,450,000 P634,000 (200,000) P434,000 Personal expenses are no longer allowed under the TRAIN Law. 31. If he is a resident alien and the taxable year is 2017, his income tax payable is: a. P360,580 c . P384,380 b. P358,020 d. P357,000 Answer: D Solution: Business income (Philippines only) Professional income Salaries Business and professional expenses Basic personal exemption Additional personal exemption (3 x P25,000) Taxable net income Income Tax Due/Payable (old table) P1,000,000 400,000 200,000 (250,000) (50,000) (75,000) P1,225,000 P357,000 A resident alien is taxable on income within only. Tax credit is applicable only to RCS 32. If he is a non-resident citizen and the taxable year is 2017. his income tax due after tax credit, if any is: a. P360,580 c. P384,380 b. P358,020 d. P357,000 Answer: D Same solution in the preceding paragraph 33. If he is a resident citizen and the taxable year is 2018, his income tax payable is: a. P295,000 c. P384,380 b. P358,020 d. P357,000 Answer: A Business income (Philippines only) Professional income Salaries Business and professional expenses Basic personal exemption Additional personal exemption (3 x P25,000) Taxable net income Income Tax Due/Payable (old table) P1,000,000 400,000 200,000 (250,000) P1,350,000 P295,000 34. If he is a non-resident alien engaged in trade or business in the Philippines but without the benefit of Reciprocity Law, the income tax payable assuming the taxable year is 2017 should be: a. P397,000 c. P405,500 b. P378,500 d. P338,500 Answer: A Business income (Philippines only) Professional income Salaries Business and professional expenses Basic personal exemption Additional personal exemption (3 x P25,000) Taxable net income Income Tax Due/Payable (old table) P1,000,000 400,000 200,000 (250,000) (50,000) (75,000) P1,350,000 P379,000 Prior to 2018, NRA-ETB is entitled to personal exemptions only if there is reciprocity 35. If he is a non-resident alien not engaged in trade or business, disregarding professional business data, the total income tax that should be withheld from his income is: a. P50,000 c. P31,500 b. P18,500 d. P338,500 Answer: A Income Tax Due = Salaries of P200,000 x 25% = P50.000 Regardless of the taxable period (before or after TRAIN Law) 36. If he is a Special Alien Employee, disregarding professional and business data, the total income tax that should be withheld from his income assuming the taxable year is 2017 should be: a. P18,500 c. P11,500 b. P30,000 d. None Answer: B Income Tax Due = Salaries of P200,000 x 15% = P30,000 Prior to 2018, Special Alien Employees are taxable at 15% on their compensation income. Beginning January 1, 2018, Special Employees are already subject to basic income tax on their compensation income. 37. Mr. and Mrs. Dela Cruz, both CPA's and residents of the Philippines, with 5 minor children. Had the following data for taxable year 2015: Salaries, wife P150,000 Bonus (13th month pay), wife 42,000 Professional Fees, (net of 10% withholding tax) 450,000 Expenses – Practice of profession (15% nondeductible) 120,000 Rental income (net of 5% withholding tax 190,000 Rental expenses 80,000 Other income, husband (20% non-taxable) 80,000 The taxable income of Mr. Dela Cruz is: a. P173,000 c. P266,000 b. P275,000 d. P234,000 Answer: A 38. The taxable income of Mrs. Dela Cruz is: a. P371,000 c. P419,000 b. P359,000 d. P410,000 Answer: B Salaries Professional fees (P450,000/90%)/2 Rental income (P190,000/95%)/2 Other income (P80,000 x 80%) Professional expenses (P120,000 x 85%)/2 Rental expenses (P80,000/2) Basic personal exemption Additional personal exemption Taxable Net Income Mr. P250,000 100,000 64,000 (51,000) (40,000) (50,000) (100,000) P173,000 Mrs. P150,000 250,000 100,000 (51,000) (40,000) (50,000) P359,000 The tax exempt 13th month pay and other bonuses prior to 2018 is P82,000. SELF-EMPLOYED and/or PROFESSIONALS Use the following data for the next four (4) questions: Ana, a self-employed resident citizen provided the following data for 2018 taxable year: Sales Cost of sales Business Expenses Interest income from peso bank deposit Interest income from bank deposit under FCDS P2,800,000 1,125,000 650,000 80,000 120,000 Gain on direct sale to buyer of shares of stock of a domestic corporation held as capital asset Gain on sale of land in the Philippines held as capital asset with cost of P1,500,000 when the zonal value is P1,200,000 150,000 500,000 39. How much is the total income tax expense of Ana for the year? a. P321,500 c. P351,500 b. P342,500 d. P358,000 Answer: C Basic Income Tax Final Tax on Passive Income (80,000 x 20%) Interest income from FCDS (P120,000 x 15%) CGT on real properties (P2M x 6%) SP = Cost + Gain = P2M vs. ZV = P1,200,000 TOTAL Income Tax Expense Gross income from business P1,675,000 Business Expenses (650,000) Taxable Net Income P1,025,000 Tax Due [P130,0000 + (P225,000 x 30%)] P197,500** P197,500** 16,000 18,000 120,00 P351,500 40. How much is the total income tax of Ana assuming she opted to be taxed at 8%? a. P321,500 c. P351,500 b. P342,500 d. P358,000 Answer: Basic Income Tax Final Tax on Passive Income (80,000 x 20%) CGT on shares of stock (P120,000 x 15%) CGT on real properties (P2M X 6%) SP = Cost + Gain = P2M vs. ZV = P1,200,000 TOTAL Income Tax Expense Gross Sales Less: Tax exempt income Taxable Net Income Tax Due (P2,550,000 x 8%) P204,000** 16,000 18,000 120,000 P358,000 P2,800,000 (250,000) P2,550,000 P204,000** The 8% income tax rate is based on Gross Sales and/or receipts and other non operating income in excess of P250,000. 41. Assuming Ana is a vat-registered taxpayer, how much is her total income tax expense assuming she opted to be taxed at 8% income tax rate? a. P321,500 c. P351,500 b. P342,500 d. P358,000 Answer: C Same solution with the 1st question. because she is not allowed to avail the 8% tax for being a vat registered taxpayer. The 8% tax is IN LIEU of Basic Income Tax (Graduated Tax Rate) and 3% OPT under Section 116 of the Tax Code, as amended Ana, is subject to vat, not 3% OPT under Section 116. 42. Using the same data except that her gross sales for the year was P3,800,000, how much is her total income tax expense assuming she opted to be taxed at 8% income tax rate? a. P321,500 c. P351,500 b. P342,500 d. P652,000 Answer: D Solution: Basic Income Tax Final Tax on Passive Income (80,000 x 20%) CGT on shares of stock (P120,000 x 15%) CGT on real properties (P2M x 6%) SP = Cost + Gain = P2M vs. ZV = P1,200,000 TOTAL Income Tax Expense Gross income from business P2,675,000 Business Expenses (650,000) Taxable Net Income P2,025,000 Tax Due [P490,0000 + (P25,000 x 32%)], P498,000** P498,000 16,000 18,000 120,000 P652,000 Ana is not allowed to avail the 8% tax because her gross sales for the year exceeded the revised vat threshold of P3,000,000. Hence, she is subject to vat (business tax) in addition to income tax. The 8% tax is IN LIEU of Basic Income Tax (Graduated Tax Rate) and 3% OPT under Section 116 of the Tax Code, as amended. Ana, is subject to vat, not 3% OPT under Section 116. 43. Ana is a mixed income earner. She is a self-employed resident citizen and currently the Finance manager of Omega Corporation. The following data were provided for 2018 taxable year: Compensation income P1,800,000 Sales 2,800,000 Cost of sales 1,125.000 Business Expenses 650,000 Interest income from peso bank deposit 80,000 Interest income from bank deposit under FCDS 120,000 120,000 Gain on direct sale to buyer of shares of stock of a domestic corporation held as capital asset 150,000 Gain on sale of land in the Philippines held as capital asset with cost of P1,500,000 when the zonal value is P1,200,000 500,000 How much is her total income tax expense assuming she opted to be taxed at 8%? a. P321,500 c. P808,000 b. P788,500 d. P358,000 Answer: C Solution: Basic Income Tax P654,000 Final Tax on Passive Income (80,000 x 20%) 16,000 CGT on shares of stock (P120,000 x 15%) 18,000 CGT on real properties (P2M x 6%) 120,000 SP = Cost + Gain = P2M vs. ZV = P1,200,000 TOTAL Income Tax Expense P808,000 Gross Sales X 8% Tax Add: Basic tax on compensation income 1st P800,000 = P130,000 Excess over P800,000 @ 30% = P300,000 Total Basic Income Tax Due P2,800,000 8% P224,000 430,000 P654,000** If the self-employed or practitioner is a mixed income earner, the 8% income tax rate is based on Gross Sales and/or receipts and other non-operating income without deducting P250,000. The compensation income is not subject to 8% tax rate. 44. PURELY S.E.P. using 8% tax rate but whose gross sales/receipts and other nonoperating income exceeded the revised VAT threshold of P3,000,000 during the year. In 2018, Pedro signified his intention to be taxed at 8% income tax rate on gross sales in his 1st quarter income tax return. His gross sales during the year exceeded the vat threshold of P3M as follows: Sales Q1 (8% tax) P500,000 Q2 (8% tax) P500,000 Q3 (8% tax) P2,000,000 Q4/Annual (Graduated) P3,500,000 Cost of sales Gross Income Operating expense Net taxable expense (300,000) 200,000 (120,000) P80,000 (300,000) 200,000 (120,000) P80,000 (1,200,000) 800,000 (480,000) P320,000 (1,200,000) 1,800,000 (720,000) P1,080,000 How much is Pedro's annual income tax payable? a. P220,000 c. P509,200 b. 289,200 d. P2,060,000 Answer: B Solution: Sales Cost of sales Gross Income Operating expenses Net taxable income Income Tax due using graduated rate Less: Quarterly tax payments (01-03) based on 8% tax rate ([P3M-250,000)*8%) Annual Income Tax Payable NOTE: P6,500,000 (3,00,000) 3,500,000 (1,440,000) P2,060,000 P509,200 (220,000) P98,200 Unless the taxpayer signifies in the 1 Quarter Return of the 21st year intention to elect the 8% income tax, the taxpayer shall be con 39 anno availed of the graduated rates under Section 241A) of the Tax code, as it and such election shall be irrevocable. Provided that, at any time during a given taxable year, a taxpayers grosses receipts exceeded the VAT Threshold (P3,000,000, as amended previously P1,919,500), he/she shall automatically be subjected to the graduated rates under Section 24(A)(2)(a) of the Tax Code, as amended, with the following rules/guidelines The taxpayer shall be allowed an income tax credit of quarterly payments initially made under the 8% income tax option. Taxpayer is likewise liable for business tax/es), in addition to income a A percentage tax pursuant to Section 116 of the Ta. Code as amended shall be imposed on the first P3,000,000. The excess of the threshold shall be subject to VAT . Percentage tax due on the P3,000,000 shall be collected without penalty if timely paid on the due date immediately following the month the threshold was breached, Special Alien Employees (SAES) and Special Filipino Employees or Filipino Counterparts 45. As a rule, the following individuals are liable for final income tax equal to 15% of their gross compensation income prior to 2018 taxable year, except a. An alien employee of an Offshore Banking Unit b. An alien employee of Petroleum Service Contractors and Subcontractors c. An alien employee of Regional, or Area Headquarters of Multinational Companies d. An alien employee of a Resident Foreign Corporation Answer: D 46. Statement 1: Prior to 2018 taxable year. SAEs as well as SFES of regional or area headquarters established in the Philippines by multinational companies shall be subject final tax of 15% on their gross compensation income in the Philippines. Statement 2: Generally, a nonresident alien not engaged in trade or business is subject to 25% creditable withholding tax on their gross income in the Philippines. a. Only statement 1 is correct b. Only statement 2 is correct c. Both statements are correct d. Both statements are incorrect Answer: D Statement 1: The statement is False. Refer to the following rules: Prior to 2018, SAEs are subject to 15% preferential income tax rate on their compensation income. SFEs employed in PCs and OBUs are likewise subject to 15% preferential income tax rate on their compensation income. However, compensation income of SFES employed by RHQs/ROHQs may be taxed under section 24A of the tax code (basic income tax) or 15% preferential income tax rate at the option of the SFE provided the three (3) conditions provided under RR11-2010 were all complied with. Refer to the next question for the three (3) requirements to qualify for 15% preferential income tax rate. Statement 2: The statement is False. NRA-NETB is subject to final withholding tax of 25% rather than creditable withholding tax. 47. Prior to 2018 taxable year, Filipino counterparts of aliens employed by regional or area headquarters and regional operating headquarters of multinational companies in the Philippines, which are engaged in international trade with affiliates and subsidiary branch offices in the Asia-Pacific region may be taxed at 15% preferential tax rate subject to the following rules: I. The employee must occupy managerial or technical position and must be exercising such functions pertaining to said position. II. The employee must have received or is due to receive under a contract of employment, a gross taxable compensation income of at least P975,000 (actually/constructively received). III. The employee must be exclusively working for the RHQ or ROHQ as a regular employee and not just a consultant or contractual personnel. a. I and II only c. All of the above b. I and III only d. None of the above Answer: C 48. Statement 1: Prior to 2018 taxable year, a change in the compensation income of a Filipino employee employed by a regional or area headquarters and regional operating headquarters of multinational companies in the Philippines, as a consequence of which, the employee subsequently receiving less than the compensation threshold for the calendar year when the change becomes effective, result in the employee being subject to the regular income tax rate. Statement 2: Prior to 2018 taxable year, a special Filipino employee employed by an Offshore Banking Unit or Petroleum Contractors/Subcontractors receiving gross compensation income lower than P975,000 for the calendar year shall result in the employee being subject to the regular income tax rate. A B C D Statement 1 True False True False Statement 2 True False False True Answer: C The three (3) requirements (position test, compensation threshold test and exclusivity test) to qualify for the fifteen percent (15%) preferential tax rate on compensation income shall apply only to SFEs employed by a regional or area headquarters or regional operating headquarters of multinational companies in the Philippines. BEGINNING JAN. 1. 2018, SAES AND SFES ARE NOW SUBJECT TO BASIC INCOME TAX ON THEIR COMPENSATION INCOME. HENCE, FOR INCOME TAXATION PURPOSES, THEY SHALL NO LONGER BE CLASSIFIED AS SPECIAL EMPLOYEES. 49. For purposes of computing the P975,000 compensation threshold of SFEs employed by a regional or area headquarters and regional operating headquarters of multinational companies in the Philippines prior to 2018 taxable year, "gross compensation income” shall include: I. Salaries, wages and compensation II. Annuities and remuneration III. Other emoluments such as honoraria and allowances, including income subject to fringe benefit tax a. I and II only c. II and III only b. I and III only d. I, II and III Answer: A Item Ill" is wrong, it shall exclude FBs subject to FBT Under the Tax Code, EXCLUDE the following: FBs subject to FBTs Retirement benefits (taxable or not) Separation pay (taxable or not) De minimis benefits 50. Statement 1: An employee occupying “managerial position" is one who is vested with powers or prerogatives to lay down and execute management policies and/or employees. Statement 2: "Exclusivity" means just having one employer at a time. a. Only statement 1 is correct b. Only statement 2 is correct c. Both statements are correct d. Both statements are incorrect Answer: C 51. "Technical Position" as described in RMC 41-09 (as amended) are limited only to positions that are: I. Highly technical in nature II. Where there are no Filipinos who are competent, able and willing to perform the services for which the aliens are desired. a. I only c. Both I and II b. ll only d. Neither I nor II Answer: C 52. The 15% preferential tax imposed upon aliens and qualified Filipinos, prior to 2018 taxable year, should be treated as: A B C D Final withholding tax, True False True False Creditable W. Tax True False False True Answer: C 53. In 2017, Jaime (resident citizen) is employed by an offshore banking unit holding managerial position. His compensation income is subject to a preferential tax rate of 15%. Assume that Jaime likewise earned interest income from a depository bank under the Expanded Foreign Currency Deposit System in the Philippines, the applicable tax on such income shall be: a. 7.5% FWT c. 20% FWT b. 15% FWT d. graduated rate Answer: A Prior to the effectivity of TRAIN Law, "other income" of Special Filipino Employees (SFEs) shall be taxable in the same manner as resident citizens. Use the following data for the next six (6) questions Hajib, a Russian national who is an employee in the regional area headquarter of a multinational corporation, occupying “managerial position, had the following data for taxable year 2016: Salaries received P600,000 Allowances and honoraria 50,000 Other emoluments 100,000 Monetary value of fringe benefits subject to fringe benefit tax 170,000 De minimis benefits (within the ceiling) 50,000 Dividend income from a domestic corporation Interest income from peso bank deposit Interest income from foreign currency deposit under FCDS PCSO winnings (gross) Raffle draw winnings 40,000 50,000 20,000 1,000,000 80,000 Gain from sale of shares of a domestic corporation sold directly to a buyer Gain from sale of a vacant lot in Quezon City held as investment (SP=P1,500,000; Cost=P1,000,000; Zonal Value=P2,500,000) 150,000 500,000 54. The amount of income subject to a preferential tax rate of 15% should be: a. P0 c. P750,000 b. P650,000 d. P910,000 Answer: C Solution: Salaries received Allowances and honoraria Other emoluments Total 55. The capital gain's tax is: a. P10,000 b. P40,000 P600,000 50,000 100,000 P750,000 b. P160,000 d. P165,000 Answer: C On shares of stock = P100,000 x 5% + (50,000 x 10%) On real property = P2.5M x 6% TOTAL CGT P10,000 150,000 P160,000 56. The total income tax expense of Hajib in the Philippines is: a. P535,000 c. P570,000 b. P595,000 d. P315,000 Answer: B Solution: Subject to preferential tax rate = P750,000 x 15% Subject to 15% FBT = P170,000/85% x 15% CGT (as computed in the preceding number) Income subject to 25% FWT: Dividend income from DC Interest income from peso bank deposit Interest income - FCDS PCSO winnings P112,500 30,000 160,000 P40,000 50,000 Exempt 1,000,000 Raffle draw winnings Total Tax Rate TOTAL INCOME TAX EXPENSE 80,000 1,170,000 25% 292,500 P595,000 Income Tax Expense = Basic Tax + FWT on Passive Income + CGTS De minimis benefits are tax exempt Interest income from bank deposit under FCDS is exempt. Prior to 2018, SAEs are treated as NRAS-NETB with respect to their other income. Consequently, such interest income is tax exempt. 57. Assuming the taxpayer is a Special Filipino Employee, the amount of income subject to a preferential tax rate of 15% should be: a. P0 c. P650,000 b. P600,000 d. P750,000 Answer: A Since the total compensation composed of salaries, allowances/honoraria and one emoluments is not at least P975,000. The SFE shall be subject to basic income tax under section 24(A) instead of 15% preferential tax rate. 58. Using the assumption above, the SFE's total combined taxes on all income from the Philippines is: a. P380,500 c. P595,000 b. P304,000 d. P410,500 Answer: D CGT (as computed in the foregoing number) P160,000 FBT (P170,000/85% x 15%***) 30,000 FWT on Passive incomes: Dividend income from DC @ 10% P4,000 Interest income from peso bank deposit @ 20% 10,000 Interest income-FCDS @ 7.5% 1,500 PCSO winnings Exempt Raffle draw winnings @ 20% 16,000 31,500 BASIC INCOME TAX: Salaries, allowances, honoraria P750,000 Basic Personal exemption (50,000) Taxable Net Income P700,000 Basic Tax under Section 24(A) 189,000 TOTAL INCOME TAX EXPENSE P410,500 ***The SFE (as discussed in preceding numbers) is not qualified for the 15% preferential tax rate. However, the fringe benefits received shall still be subject to 15% FBT because under RR 11-2010, the option to be subject to 15% preferential tax rate and the coverage of fringe benefit tax are independent to each other. Thus, as provided in the aforementioned RR, there would be instances where a Filipino employee shall enjoy 15% preferential tax rate. But may not be covered by fringe benefit tax for not being a supervisory/managerial employee. Likewise, there would be instances where such SFE may not be subject to 15% preferential tax rate due to failure to meet any of the three (3) tests discussed earlier but may be subject to 15% FBT for being a "managerial" employee. The taxpayer in this particular case is occupying a managerial position. 59. Assuming the taxpayer is a Special Filipino Employee employed by an Offshore Banking Unit, the amount of income subject to a preferential tax rate of 15% should be: a. P0 c. P650,000 b. P600,000 d. P750,000 Answer: D Prior to the effectivity of TRAIN Law, if the SFE is employed by an OBU or PC/SC, the compensation income shall be subject to 15% preferential tax rate. The option to be taxed at 15% preferential tax rate if the SFE is an employee of ROHQ/RHQ is not applicable for SFEs employed by OBUs and PCs/SCs. 60. Bryan is a Filipino executive employed by a regional operating headquarters (ROHQ) in the Philippines, begins his employment on June 1, 2015. His employment contract stipulates that he shall receive an annual compensation income of P975,000 inclusive of 13th month pay. At the end of the year, he received P568,750 composed of P525,000 basic pay (P975,000/13 x 7months) and P43,750 as 13th month pay. Based on the above data, can Bryan choose to be taxed at 15% preferential rate? a. Yes, because his employment contract states that he shall receive an annual compensation income that meets the threshold, whether he actually receives this or not b. Yes, because an employee of ROHQ is qualified to be taxed at 15% preferential rate. c. No, because his total gross compensation income at the end of the year does not meet the threshold amount. d. No, Filipinos employed by ROHQs do not have the option to be taxed at 15% preferential tax rate, Answer: C. 61. Leomar, resident citizen, is the Head for Operations of a regional operating headquarters (ROHQ) in the Philippines. His compensation income during 2018 amounted to P1,800,000 exclusive of 13th month pay and other bonuses. Can Leomar choose to be taxed at 15% preferential rate? a. Yes, because he is expected to receive an annual compensation income that exceeds the threshold b. b. Yes, because an employee of ROHQ is qualified to be taxed at 15% preferential rate even during the effectivity of RA No. 10963 (TRAIN Law). c. No, because his total gross compensation income at the end of the year does not meet the threshold amount d. No, the 15% preferential tax rate is no longer applicable beginning January 1, 2018 as provided for under RA No. 10963, otherwise known as the TRAIN Law. Answer: D 62. A Malaysian occupying a managerial position in an Offshore Banking Unit located in Taguig had the following data for taxable year 2015. Salaries received P120,000 Other emoluments 50,000 De minimis benefits 5,000 Interest income from deposit substitutes 20,000 Interest income from long-term Philippine Bank Deposit 10,000 Dividend income from a domestic corporation 150,000 Gain from sale of shares of stock of a domestic corporation held as investment sold outside of the local stock exchange 175,000 The total income tax expense of the taxpayer is: a. P73,000 c. P63,000 b. P70,500 d. P83,000 Answer: D 15% Preferential Tax (P170k x 15%) 25% on other income (P180k x 25%) CGT [(100k x 5%) + (75k x 10%)] Total taxes expense P25,500 45,000 12,500 P83,000 NRAs-NETB and SAEs are not exempt from tax on their interest income derived from long-term bank deposit in the Philippines. 63. Assuming the taxpayer is a Special Filipino employee, his total income tax expense is: a. P56,500 c. P57,000 b. P58,500 d. P83,000 Answer: C 15% Preferential. Tax (P170k x 15%) Final Tax on deposit substitute (P20,000 x 20%) Interest income on long-term deposit Dividend income from DC (P150,000 x 10%) CGT(as previously computed) Total taxes expense P25,500 4,000 exempt 15,000 12,500 P57,000 As previously discussed, SFEs employed by OBUs and PCs/SCs shall always be subject to 15% preferential tax rate on their gross compensation income. 64. Abdul, a foreign national employed by a regional area head quarter of a multinational corporation, occupying managerial position, had the following data for taxable year 2018: Salaries received P600,000 Allowances and honoraria 50,000 Other emoluments 100,000 De minimis benefits (within the ceiling) 50,000 Gain from sale of shares of a domestic corporation sold directly to a 150,000 buyer Gain from sale of shares of a domestic corporation listed in the local stock exchange 85,000 The total income tax expense of Abdul in the Philippines is: a. P127,500 c. P140,510 b. P140,000 d. P152,7500 Answer: B Solution: Basic income tax based on P750,000 [P30,0000 + (P350,000 x 25%)] CGT (P150,000 x 15%) TOTAL INCOME TAX EXPENSE P117,500 22,500 P140,000 The de minimis benefits (within the ceiling) is tax-exempt The sale of shares of domestic corporation listed in the local stock exchange is exempt from income tax. However, it is subject to a business tax of 6/10 of 1% of gross selling price. Use the following data for the next three (3) questions: Jaime (resident citizen) is employed by an offshore banking unit holding managerial position. His compensation income is subject to a preferential tax rate of 15%. 65. Assuming 2017 as the taxable year and Jaime likewise earned interest income from a depository bank under the Expanded Foreign Currency Deposit System in the Philippines, the applicable tax on such income shall be: a. 7.5% FWT c. 20% FWT b. 15% FWT d. 25% FWT Answer: A As “income other than compensation", Jaime shall be taxed as a resident citizen. 66. Assume that Jaime is an alien employee, the applicable tax on his interest income from FCDS deposit shall be: a. 7.5% FWT c. 20% FWT b. 15% FWT d. 25% FWT Answer: D As to his income “other than compensation income", a Special Alien Employee (for taxable year prior to 2018 shall be taxed as a nonresident alien not engaged in trade or business . 67. Assuming 2018 as the taxable year and Jaime likewise earned interest income from a depository bank under the Expanded Foreign Currency Deposit System in the Philippines, the applicable tax on such income shall be: a. 7.5% FWT c. 20% FWT b. 15% FWT d. 25% FWT Answer: B Final Taxes on Passive Income derived from Philippine Sources 68. Statement 1: Passive incomes are subject to separate and final tax rates. Statement 2: Passive incomes are included in the computation of taxable income from compensation or business/professional income. A B C D Statement 1 True False True False Statement 2. True False False True Answer: C Statement 2 is False. The liability of the taxpayer for passive incomes subjected to the withholding taxes is already PO because the taxes withheld already constitute final and te payment of the applicable tax. Hence, shall not be included anymore in the determination of "taxable income" of the taxpayer subject to basic income tax under Section 24A of the tax code. Consequently, such income shall be excluded in the ITR of the taxpayer. 69.Statement 1: Tax on certain passive income is a capital gains tax Statement 2: Other income, for income tax purposes, is excluded in the determination of an individual taxpayer's returnable income. A B C D Statement 1 True False True False Statement 2 True False False True Answer: B Certain passive incomes are subject to final taxes Other incomes are returnable (included in the computation of the taxpayers taxable income subject to graduated tax rate) 70. Which of the following shall not be subject to the 20% final tax beginning January 1, 2018? a. Amount of interest from any currency bank deposit and yield or any other monetary benefit from deposit substitutes and from trust funds and similar arrangements b. Winnings other than Philippine Charity Sweepstakes and Lotto winnings, regardless of amount c. Philippine Charity Sweepstakes and Lotto winnings exceeding P10,000 d. Prizes amounting to ten thousand pesos (P10,000) or less Answer: D “D” is subject to basic tax 71. Which of the following statements is incorrect? a. To be subject to final tax, passive income must be from Philippine sources. b. An income which is subject to final tax is excluded from the computation of income subject to Section 24 (A) of the tax code. c. Lotto winnings in foreign countries are exempt from income tax in the Philippines. d. None of the above Answer: C Subject to basic tax if the taxpayer is a resident citizen. 72. Which of the following statements is correct? I. Beginning January 1, 2018, PCSO/Lotto winnings of not more than P10.000 received by citizens, residents and non-resident aliens engaged in trade or business are exempt from income tax. II. Beginning January 1, 2018, PCSO/Lotto winnings of more than P10,000 received by citizens, residents and non-resident aliens engaged in trade or business are subject to 20% final withholding tax. III. Beginning January 1, 2018, PCSO/Lotto winnings of not more than P10.000 received by non-resident aliens not engaged in trade or business are exempt from income tax. IV. Beginning January 1, 2018, PCSO/Lotto winnings of more than P10,000 receiver by nonresident aliens not engaged in trade or business are subject to 25% final withholding tax. a. I only c. I and IV only b. I and II only d. All of the above Answer: A "ll" is wrong. PCSO and Lotto winnings are exempt from income tax under TRAIN Law if the taxpayer is classified as NRANETB. “III and IV" are false. NRANETB is subject to 25% regardless of the amount of PCSO and Lotto winnings. 73. Which of the following statements is correct? I. Prizes of not more than P10,000 received by citizens, residents and non-resident aliens engaged in trade or business are exempt from income tax. II. Prizes of more than P10,000 received by citizens, residents and non-resident aliens engaged in trade or business are subject to 20% final withholding tax. III. Prizes of not more than P10,000 received by non-resident aliens not engaged in trade or business are exempt from income tax. IV. IV. Prizes of more than P10,000 received by non-resident aliens not engaged in trade or business are subject to 25% final withholding tax. a. Il only c. II and III only b. I and II only d. II and IV only Answer: A "l"is wrong. It is subject to basic income tax. “lll and lV" are wrong. Prizes received by NRANETB are subject to 25% FWT regardless of amount. If silent, assume the income is derived from sources within the Philippines. 74. Statement 1: All royalty income derived from sources within the Philippines are subject to final withholding tax. Statement 2: All royalty income derived from sources outside of the Philippines received by resident citizens are subject to basic income tax. a. Only statement 1 is correct b. Only statement 2 is correct c. Both statements are correct d. Both statements are incorrect Answer: C How much is her total income tax expense assuming she opted to be taxed at 8%? a. P321,500 c. P808,000 b. P788,500 d. P358,000 Answer: C Solution: Basic Income Tax P654,000 Final Tax on Passive Income (80,000 x 20%) 16,000 CGT on shares of stock (P120,000 x 15%) 18,000 CGT on real properties (P2M x 6%) 120,000 SP = Cost + Gain = P2M vs. ZV = P1,200,000 TOTAL Income Tax Expense P808,000 Gross Sales P2,800,000 X 8% Tax Add: Basic tax on compensation income 1st P800,000 = P130,000 Excess over P800,000 @ 30% = P300,000 Total Basic Income Tax Due 8% P224,000 430,000 P654,000** If the self-employed or practitioner is a mixed income earner, the 8% income tax rate is based on Gross Sales and/or receipts and other non-operating income without deducting P250,000. The compensation income is not subject to 8% tax rate. 44. PURELY S.E.P. using 8% tax rate but whose gross sales/receipts and other nonoperating income exceeded the revised VAT threshold of P3,000,000 during the year. In 2018, Pedro signified his intention to be taxed at 8% income tax rate on gross sales in his 1st quarter income tax return. His gross sales during the year exceeded the vat threshold of P3M as follows: Q1 Q2 (8% tax) (8% tax) Sales P500,000 P500,000 Cost of sales (300,000) (300,000) Gross Income 200,000 200,000 Operating expense (120,000) (120,000) Net taxable expense P80,000 P80,000 How much is Pedro's annual income tax payable? a. P220,000 c. P509,200 b. 289,200 d. P2,060,000 Answer: B Solution: Sales Cost of sales Gross Income Operating expenses Net taxable income Income Tax due using graduated rate Less: Quarterly tax payments (01-03) based on 8% tax rate ([P3M-250,000)*8%) Q3 (8% tax) P2,000,000 (1,200,000) 800,000 (480,000) P320,000 P6,500,000 (3,00,000) 3,500,000 (1,440,000) P2,060,000 P509,200 (220,000) Q4/Annual (Graduated) P3,500,000 (1,200,000) 1,800,000 (720,000) P1,080,000 Annual Income Tax Payable NOTE: P98,200 Unless the taxpayer signifies in the 1 Quarter Return of the 21st year intention to elect the 8% income tax, the taxpayer shall be con 39 anno availed of the graduated rates under Section 241A) of the Tax code, as it and such election shall be irrevocable. Provided that, at any time during a given taxable year, a taxpayers grosses receipts exceeded the VAT Threshold (P3,000,000, as amended previously P1,919,500), he/she shall automatically be subjected to the graduated rates under Section 24(A)(2)(a) of the Tax Code, as amended, with the following rules/guidelines The taxpayer shall be allowed an income tax credit of quarterly payments initially made under the 8% income tax option. Taxpayer is likewise liable for business tax/es), in addition to income a A percentage tax pursuant to Section 116 of the Ta. Code as amended shall be imposed on the first P3,000,000. The excess of the threshold shall be subject to VAT . Percentage tax due on the P3,000,000 shall be collected without penalty if timely paid on the due date immediately following the month the threshold was breached, Special Alien Employees (SAES) and Special Filipino Employees or Filipino Counterparts 45. As a rule, the following individuals are liable for final income tax equal to 15% of their gross compensation income prior to 2018 taxable year, except a. An alien employee of an Offshore Banking Unit b. An alien employee of Petroleum Service Contractors and Subcontractors c. An alien employee of Regional, or Area Headquarters of Multinational Companies d. An alien employee of a Resident Foreign Corporation Answer: D 46. Statement 1: Prior to 2018 taxable year. SAEs as well as SFES of regional or area headquarters established in the Philippines by multinational companies shall be subject final tax of 15% on their gross compensation income in the Philippines. Statement 2: Generally, a nonresident alien not engaged in trade or business is subject to 25% creditable withholding tax on their gross income in the Philippines. a. Only statement 1 is correct b. Only statement 2 is correct c. Both statements are correct d. Both statements are incorrect Answer: D Statement 1: The statement is False. Refer to the following rules: Prior to 2018, SAEs are subject to 15% preferential income tax rate on their compensation income. SFEs employed in PCs and OBUs are likewise subject to 15% preferential income tax rate on their compensation income. However, compensation income of SFES employed by RHQs/ROHQs may be taxed under section 24A of the tax code (basic income tax) or 15% preferential income tax rate at the option of the SFE provided the three (3) conditions provided under RR11-2010 were all complied with. Refer to the next question for the three (3) requirements to qualify for 15% preferential income tax rate. Statement 2: The statement is False. NRA-NETB is subject to final withholding tax of 25% rather than creditable withholding tax. 47. Prior to 2018 taxable year, Filipino counterparts of aliens employed by regional or area headquarters and regional operating headquarters of multinational companies in the Philippines, which are engaged in international trade with affiliates and subsidiary branch offices in the AsiaPacific region may be taxed at 15% preferential tax rate subject to the following rules: IV. The employee must occupy managerial or technical position and must be exercising such functions pertaining to said position. V. The employee must have received or is due to receive under a contract of employment, a gross taxable compensation income of at least P975,000 (actually/constructively received). VI. The employee must be exclusively working for the RHQ or ROHQ as a regular employee and not just a consultant or contractual personnel. a. I and II only c. All of the above b. I and III only d. None of the above Answer: C 48. Statement 1: Prior to 2018 taxable year, a change in the compensation income of a Filipino employee employed by a regional or area headquarters and regional operating headquarters of multinational companies in the Philippines, as a consequence of which, the employee subsequently receiving less than the compensation threshold for the calendar year when the change becomes effective, result in the employee being subject to the regular income tax rate. Statement 2: Prior to 2018 taxable year, a special Filipino employee employed by an Offshore Banking Unit or Petroleum Contractors/Subcontractors receiving gross compensation income lower than P975,000 for the calendar year shall result in the employee being subject to the regular income tax rate. A B C D Statement 1 True False True False Statement 2 True False False True Answer: C The three (3) requirements (position test, compensation threshold test and exclusivity test) to qualify for the fifteen percent (15%) preferential tax rate on compensation income shall apply only to SFEs employed by a regional or area headquarters or regional operating headquarters of multinational companies in the Philippines. BEGINNING JAN. 1. 2018, SAES AND SFES ARE NOW SUBJECT TO BASIC INCOME TAX ON THEIR COMPENSATION INCOME. HENCE, FOR INCOME TAXATION PURPOSES, THEY SHALL NO LONGER BE CLASSIFIED AS SPECIAL EMPLOYEES. 49. For purposes of computing the P975,000 compensation threshold of SFEs employed by a regional or area headquarters and regional operating headquarters of multinational companies in the Philippines prior to 2018 taxable year, "gross compensation income” shall include: IV. Salaries, wages and compensation V. Annuities and remuneration VI. Other emoluments such as honoraria and allowances, including income subject to fringe benefit tax a. I and II only c. II and III only b. I and III only d. I, II and III Answer: A Item Ill" is wrong, it shall exclude FBs subject to FBT Under the Tax Code, EXCLUDE the following: FBs subject to FBTs Retirement benefits (taxable or not) Separation pay (taxable or not) De minimis benefits 50. Statement 1: An employee occupying “managerial position" is one who is vested with powers or prerogatives to lay down and execute management policies and/or employees. Statement 2: "Exclusivity" means just having one employer at a time. a. Only statement 1 is correct b. Only statement 2 is correct c. Both statements are correct d. Both statements are incorrect Answer: C 51. "Technical Position" as described in RMC 41-09 (as amended) are limited only to positions that are: III. Highly technical in nature IV. Where there are no Filipinos who are competent, able and willing to perform the services for which the aliens are desired. a. I only c. Both I and II b. ll only d. Neither I nor II Answer: C 52. The 15% preferential tax imposed upon aliens and qualified Filipinos, prior to 2018 taxable year, should be treated as: A B C D Final withholding tax, Creditable W. Tax True True False False True False False True Answer: C 53. In 2017, Jaime (resident citizen) is employed by an offshore banking unit holding managerial position. His compensation income is subject to a preferential tax rate of 15%. Assume that Jaime likewise earned interest income from a depository bank under the Expanded Foreign Currency Deposit System in the Philippines, the applicable tax on such income shall be: a. 7.5% FWT c. 20% FWT b. 15% FWT d. graduated rate Answer: A Prior to the effectivity of TRAIN Law, "other income" of Special Filipino Employees (SFEs) shall be taxable in the same manner as resident citizens. Use the following data for the next six (6) questions Hajib, a Russian national who is an employee in the regional area headquarter of a multinational corporation, occupying “managerial position, had the following data for taxable year 2016: Salaries received P600,000 Allowances and honoraria 50,000 Other emoluments 100,000 Monetary value of fringe benefits subject to fringe benefit tax 170,000 De minimis benefits (within the ceiling) 50,000 Dividend income from a domestic corporation 40,000 Interest income from peso bank deposit 50,000 Interest income from foreign currency deposit under FCDS 20,000 PCSO winnings (gross) 1,000,000 Raffle draw winnings 80,000 Gain from sale of shares of a domestic corporation sold directly to a buyer Gain from sale of a vacant lot in Quezon City held as investment (SP=P1,500,000; Cost=P1,000,000; Zonal Value=P2,500,000) 54. The amount of income subject to a preferential tax rate of 15% should be: a. P0 c. P750,000 b. P650,000 d. P910,000 Answer: C Solution: Salaries received Allowances and honoraria P600,000 50,000 150,000 500,000 Other emoluments Total 55. The capital gain's tax is: a. P10,000 b. P40,000 100,000 P750,000 b. P160,000 d. P165,000 Answer: C On shares of stock = P100,000 x 5% + (50,000 x 10%) On real property = P2.5M x 6% TOTAL CGT P10,000 150,000 P160,000 56. The total income tax expense of Hajib in the Philippines is: a. P535,000 c. P570,000 b. P595,000 d. P315,000 Answer: B Solution: Subject to preferential tax rate = P750,000 x 15% Subject to 15% FBT = P170,000/85% x 15% CGT (as computed in the preceding number) Income subject to 25% FWT: Dividend income from DC Interest income from peso bank deposit Interest income - FCDS PCSO winnings Raffle draw winnings Total Tax Rate TOTAL INCOME TAX EXPENSE P112,500 30,000 160,000 P40,000 50,000 Exempt 1,000,000 80,000 1,170,000 25% 292,500 P595,000 Income Tax Expense = Basic Tax + FWT on Passive Income + CGTS De minimis benefits are tax exempt Interest income from bank deposit under FCDS is exempt. Prior to 2018, SAEs are treated as NRAS-NETB with respect to their other income. Consequently, such interest income is tax exempt. 57. Assuming the taxpayer is a Special Filipino Employee, the amount of income subject to a preferential tax rate of 15% should be: a. P0 c. P650,000 b. P600,000 d. P750,000 Answer: A Since the total compensation composed of salaries, allowances/honoraria and one emoluments is not at least P975,000. The SFE shall be subject to basic income tax under section 24(A) instead of 15% preferential tax rate. 58. Using the assumption above, the SFE's total combined taxes on all income from the Philippines is: a. P380,500 c. P595,000 b. P304,000 d. P410,500 Answer: D CGT (as computed in the foregoing number) P160,000 FBT (P170,000/85% x 15%***) 30,000 FWT on Passive incomes: Dividend income from DC @ 10% P4,000 Interest income from peso bank deposit @ 20% 10,000 Interest income-FCDS @ 7.5% 1,500 PCSO winnings Exempt Raffle draw winnings @ 20% 16,000 31,500 BASIC INCOME TAX: Salaries, allowances, honoraria P750,000 Basic Personal exemption (50,000) Taxable Net Income P700,000 Basic Tax under Section 24(A) 189,000 TOTAL INCOME TAX EXPENSE P410,500 ***The SFE (as discussed in preceding numbers) is not qualified for the 15% preferential tax rate. However, the fringe benefits received shall still be subject to 15% FBT because under RR 11-2010, the option to be subject to 15% preferential tax rate and the coverage of fringe benefit tax are independent to each other. Thus, as provided in the aforementioned RR, there would be instances where a Filipino employee shall enjoy 15% preferential tax rate. But may not be covered by fringe benefit tax for not being a supervisory/managerial employee. Likewise, there would be instances where such SFE may not be subject to 15% preferential tax rate due to failure to meet any of the three (3) tests discussed earlier but may be subject to 15% FBT for being a "managerial" employee. The taxpayer in this particular case is occupying a managerial position. 59. Assuming the taxpayer is a Special Filipino Employee employed by an Offshore Banking Unit, the amount of income subject to a preferential tax rate of 15% should be: a. P0 c. P650,000 b. P600,000 d. P750,000 Answer: D Prior to the effectivity of TRAIN Law, if the SFE is employed by an OBU or PC/SC, the compensation income shall be subject to 15% preferential tax rate. The option to be taxed at 15% preferential tax rate if the SFE is an employee of ROHQ/RHQ is not applicable for SFEs employed by OBUs and PCs/SCs. 60. Bryan is a Filipino executive employed by a regional operating headquarters (ROHQ) in the Philippines, begins his employment on June 1, 2015. His employment contract stipulates that he shall receive an annual compensation income of P975,000 inclusive of 13th month pay. At the end of the year, he received P568,750 composed of P525,000 basic pay (P975,000/13 x 7months) and P43,750 as 13th month pay. Based on the above data, can Bryan choose to be taxed at 15% preferential rate? e. Yes, because his employment contract states that he shall receive an annual compensation income that meets the threshold, whether he actually receives this or not f. Yes, because an employee of ROHQ is qualified to be taxed at 15% preferential rate. g. No, because his total gross compensation income at the end of the year does not meet the threshold amount. h. No, Filipinos employed by ROHQs do not have the option to be taxed at 15% preferential tax rate, Answer: C. 61. Leomar, resident citizen, is the Head for Operations of a regional operating headquarters (ROHQ) in the Philippines. His compensation income during 2018 amounted to P1,800,000 exclusive of 13th month pay and other bonuses. Can Leomar choose to be taxed at 15% preferential rate? e. Yes, because he is expected to receive an annual compensation income that exceeds the threshold f. b. Yes, because an employee of ROHQ is qualified to be taxed at 15% preferential rate even during the effectivity of RA No. 10963 (TRAIN Law). g. No, because his total gross compensation income at the end of the year does not meet the threshold amount h. No, the 15% preferential tax rate is no longer applicable beginning January 1, 2018 as provided for under RA No. 10963, otherwise known as the TRAIN Law. Answer: D 62. A Malaysian occupying a managerial position in an Offshore Banking Unit located in Taguig had the following data for taxable year 2015. Salaries received P120,000 Other emoluments 50,000 De minimis benefits 5,000 Interest income from deposit substitutes 20,000 Interest income from long-term Philippine Bank Deposit 10,000 Dividend income from a domestic corporation 150,000 Gain from sale of shares of stock of a domestic corporation held as investment sold outside of the local stock exchange 175,000 The total income tax expense of the taxpayer is: a. P73,000 c. P63,000 b. P70,500 d. P83,000 Answer: D 15% Preferential Tax (P170k x 15%) 25% on other income (P180k x 25%) CGT [(100k x 5%) + (75k x 10%)] Total taxes expense P25,500 45,000 12,500 P83,000 NRAs-NETB and SAEs are not exempt from tax on their interest income derived from long-term bank deposit in the Philippines. 63. Assuming the taxpayer is a Special Filipino employee, his total income tax expense is: a. P56,500 c. P57,000 b. P58,500 d. P83,000 Answer: C 15% Preferential. Tax (P170k x 15%) Final Tax on deposit substitute (P20,000 x 20%) Interest income on long-term deposit Dividend income from DC (P150,000 x 10%) CGT(as previously computed) Total taxes expense P25,500 4,000 exempt 15,000 12,500 P57,000 As previously discussed, SFEs employed by OBUs and PCs/SCs shall always be subject to 15% preferential tax rate on their gross compensation income. 64. Abdul, a foreign national employed by a regional area head quarter of a multinational corporation, occupying managerial position, had the following data for taxable year 2018: Salaries received P600,000 Allowances and honoraria 50,000 Other emoluments 100,000 De minimis benefits (within the ceiling) 50,000 Gain from sale of shares of a domestic corporation sold directly to a 150,000 buyer Gain from sale of shares of a domestic corporation listed in the local stock exchange 85,000 The total income tax expense of Abdul in the Philippines is: a. P127,500 c. P140,510 b. P140,000 d. P152,7500 Answer: B Solution: Basic income tax based on P750,000 [P30,0000 + (P350,000 x 25%)] CGT (P150,000 x 15%) TOTAL INCOME TAX EXPENSE P117,500 22,500 P140,000 The de minimis benefits (within the ceiling) is tax-exempt The sale of shares of domestic corporation listed in the local stock exchange is exempt from income tax. However, it is subject to a business tax of 6/10 of 1% of gross selling price. Use the following data for the next three (3) questions: Jaime (resident citizen) is employed by an offshore banking unit holding managerial position. His compensation income is subject to a preferential tax rate of 15%. 65. Assuming 2017 as the taxable year and Jaime likewise earned interest income from a depository bank under the Expanded Foreign Currency Deposit System in the Philippines, the applicable tax on such income shall be: a. 7.5% FWT c. 20% FWT b. 15% FWT d. 25% FWT Answer: A As “income other than compensation", Jaime shall be taxed as a resident citizen. 66. Assume that Jaime is an alien employee, the applicable tax on his interest income from FCDS deposit shall be: a. 7.5% FWT c. 20% FWT b. 15% FWT d. 25% FWT Answer: D As to his income “other than compensation income", a Special Alien Employee (for taxable year prior to 2018 shall be taxed as a nonresident alien not engaged in trade or business . 67. Assuming 2018 as the taxable year and Jaime likewise earned interest income from a depository bank under the Expanded Foreign Currency Deposit System in the Philippines, the applicable tax on such income shall be: a. 7.5% FWT c. 20% FWT b. 15% FWT d. 25% FWT Answer: B Final Taxes on Passive Income derived from Philippine Sources 68. Statement 1: Passive incomes are subject to separate and final tax rates. Statement 2: Passive incomes are included in the computation of taxable income from compensation or business/professional income. A B C D Statement 1 True False True False Statement 2. True False False True Answer: C Statement 2 is False. The liability of the taxpayer for passive incomes subjected to the withholding taxes is already PO because the taxes withheld already constitute final and te payment of the applicable tax. Hence, shall not be included anymore in the determination of "taxable income" of the taxpayer subject to basic income tax under Section 24A of the tax code. Consequently, such income shall be excluded in the ITR of the taxpayer. 69.Statement 1: Tax on certain passive income is a capital gains tax Statement 2: Other income, for income tax purposes, is excluded in the determination of an individual taxpayer's returnable income. A B C D Statement 1 True False True False Statement 2 True False False True Answer: B Certain passive incomes are subject to final taxes Other incomes are returnable (included in the computation of the taxpayers taxable income subject to graduated tax rate) 70. Which of the following shall not be subject to the 20% final tax beginning January 1, 2018? e. Amount of interest from any currency bank deposit and yield or any other monetary benefit from deposit substitutes and from trust funds and similar arrangements f. Winnings other than Philippine Charity Sweepstakes and Lotto winnings, regardless of amount g. Philippine Charity Sweepstakes and Lotto winnings exceeding P10,000 h. Prizes amounting to ten thousand pesos (P10,000) or less Answer: D “D” is subject to basic tax 71. Which of the following statements is incorrect? e. To be subject to final tax, passive income must be from Philippine sources. f. An income which is subject to final tax is excluded from the computation of income subject to Section 24 (A) of the tax code. g. h. Lotto winnings in foreign countries are exempt from income tax in the Philippines. None of the above Answer: C Subject to basic tax if the taxpayer is a resident citizen. 72. Which of the following statements is correct? V. Beginning January 1, 2018, PCSO/Lotto winnings of not more than P10.000 received by citizens, residents and non-resident aliens engaged in trade or business are exempt from income tax. VI. Beginning January 1, 2018, PCSO/Lotto winnings of more than P10,000 received by citizens, residents and non-resident aliens engaged in trade or business are subject to 20% final withholding tax. VII. Beginning January 1, 2018, PCSO/Lotto winnings of not more than P10.000 received by non-resident aliens not engaged in trade or business are exempt from income tax. VIII. Beginning January 1, 2018, PCSO/Lotto winnings of more than P10,000 receiver by nonresident aliens not engaged in trade or business are subject to 25% final withholding tax. a. I only c. I and IV only b. I and II only d. All of the above Answer: A "ll" is wrong. PCSO and Lotto winnings are exempt from income tax under TRAIN Law if the taxpayer is classified as NRANETB. “III and IV" are false. NRANETB is subject to 25% regardless of the amount of PCSO and Lotto winnings. 73. Which of the following statements is correct? I. Prizes of not more than P10,000 received by citizens, residents and non-resident aliens engaged in trade or business are exempt from income tax. II. Prizes of more than P10,000 received by citizens, residents and non-resident aliens engaged in trade or business are subject to 20% final withholding tax. III. Prizes of not more than P10,000 received by non-resident aliens not engaged in trade or business are exempt from income tax. IV. IV. Prizes of more than P10,000 received by non-resident aliens not engaged in trade or business are subject to 25% final withholding tax. a. Il only c. II and III only b. I and II only d. II and IV only Answer: A "l"is wrong. It is subject to basic income tax. “lll and lV" are wrong. Prizes received by NRANETB are subject to 25% FWT regardless of amount. If silent, assume the income is derived from sources within the Philippines. 74. Statement 1: All royalty income derived from sources within the Philippines are subject to final withholding tax. Statement 2: All royalty income derived from sources outside of the Philippines received by resident citizens are subject to basic income tax. a. Only statement 1 is correct b. Only statement 2 is correct c. Both statements are correct d. Both statements are incorrect Answer: C 75. A non-resident alien not engaged in trade or business derived P50.000 interest income I his long-term bank deposit here in the Philippines. How much is the income tax due said alien? a. P10,000 c. P5,000 b. P12,500 d. nil Answer: B FWT = P50,000 x 25% = P12,500. Tax exemption on long-term bank deposit or investment is not applicable to NRANETB 76. Which of the following statements is correct? a. Interest income on bank deposit or investment with maturity period of at least five years is exempt from income tax. b. Interest income on treasury-bond with maturity period of at least five (5) years is exempt from income tax. c. The tax exemption on long term bank deposit or investment extends to all types of taxpayers. d. All of the above Answer: A “B” is subject to 20% FWT. The exemption is applicable only to long-term bank deposit or investment “C” is wrong. The exemption is not applicable to NRANETBS 77. Which of the following income of an individual taxpayer is subject to final tax? a. P10,000 prize in Manila won by a resident citizen. b. Dividend received by a resident citizen from a resident foreign corporation. c. Shares in the net income of a general professional partnership received by a resident citizen. d. Dividend received by a non-resident alien from a domestic corporation. Answer: D "A" is subject to basic income tax. The amount is not more than P10,000 “B” and “C” are likewise subject to basic income tax 78. Which of the following interest income derived within the Philippines is subject to basic income tax? a. Interest income from bank deposits b. Interest income from loans c. Interest income from deposit substitutes d. Interest income from trust funds Answer: B A, C and D are subject to 20% FWT 79. Statement 1: "Deposit Substitutes", as defined in Section 22(Y) of the NIRC of 1997. amended means an alternative form of obtaining funds from the public other than deposits through the issuance, endorsement, or acceptance of debt instruments for the borrower's own account, for the purpose of re-lending or purchasing of receivables and other obligations, or financing their own needs or the needs of their agent or dealer. Statement 2: "Public", is defined as borrowing from twenty (20) or more individual or corporate lenders at any one time. A B C D Statement 1 True True True False Statement 2. True True False False Answer: A 80. Statement 1: Any income of nonresident individual taxpayers from transactions with depository banks under the expanded foreign currency deposit system shall be exempt from income tax. Statement 2: Any income of nonresident individual taxpayers from transactions with offshore banking units shall be exempt from income tax. a. Only statement 1 is correct b. Only statement 2 is correct c. Both statements are correct d. Both statements are incorrect Answer: C 81. Which of the following interest income by a resident taxpayer is subject to 15%? a. Interest income from peso bank deposits b. Interest income from deposit substitutes c. Interest income trust funds d. Interest income on dollar deposits Answer: D The tax rate prior to 2018 was 7 12% 82. Which of the following statements is true? a. The final tax on compensation income of special aliens is 25% of the gross income. b. Interest income from a foreign currency depository unit in the Philippines of a non resident alien is not subject to final tax c. Prizes exceeding P10,000 derived by non-resident alien not engaged in trade of business here in the Philippines is subject to a final tax of 20% d. Share in earnings received by non-resident alien from a domestic partnership is subject to basic tax. Answer: B The 15% FWT on interest income derived from a foreign currency bank deposit under FCDS or FCDU (previously 7 22%) is applicable only to "resident" taxpayer "nonresident” taxpayers are exempt from such tax. 83. If an account in a depository bank under the foreign currency deposit system is jommy" name of a nonresident citizen such as an overseas contract worker, or a Filipino seaman, and his spouse or dependent who is a resident of the Philippines, the interest on such deposit shall be (assume 2018 taxable year): a. Exempted in its entirety. b. Subject to final withholding tax of 15% in its entirety. c. 50% exempt and 50% subject to final withholding tax of 15%. d. Subject to regular income tax rates for individuals. Answer: C Interest income on foreign currency deposits under FCDS/FCDU is subject to 15% FW. beginning January 1, 2018 under TRAIN Law (previously 7 12%) except if the depositor is a nonresident as discussed in the preceding number. Since the deposit in this particular case is "jointly” in the name of a resident and a nonresident, only 50% of the income shall be taxable. 84. A non-resident alien derived interest income only in his bank deposit here in the Philippines under the FCDU system of a domestic bank. The interest amounted to $500. How much is the income tax due of the said alien? ($1=Php50) a. P0 c. P8,000 b. P3,000 d. P10,000 Answer: A 85. A taxpayer received during the taxable year the following passive income derived from within the Philippines: Interest on bank deposit under FCDU (net) P231,250 Royalty on a software application (gross) 95,000 Dividend income RFC (gross) 150,000 If taxpayer is a non-resident alien engaged in business, the final tax on the above passive income would amount to a. P52,750 c. P28,250 b. P19,000 d. P37,750 Answer: B Solution: FCDU Royalty (P95 x 20%) DI from FC Exempt 19,000FWT Subject to basic tax 86. Which of the following passive income is exempt from tax when received by resident or citizen and nonresident aliens engaged in trade or business in the Philippines but subject to 25% final tax when received by nonresident aliens not engaged in trade or business? a. Prizes of more than P10,000 b. Interest income from long-term deposit or instrument evidenced by certificates prescribed by Bangko Sentral ng Pilipinas c. Yield or any other monetary benefit from trust funds and similar arrangements d. Other winnings Answer: B Interest income derived from long-term bank deposit or investment in the Philippines is exempt from income tax. Nonetheless, such exemption is not applicable to NRAS-NETB and SAEs. 87. Which of the following statements about interest income from long-term deposit is false? a. Interest income from long-term deposit or investment is exempt from income tax. b. If a long-term deposit or investment is pre-terminated, the applicable tax rate on the interest income is 0% if the holding period is 5 years or more. c. If a long-term deposit is pre-terminated, the applicable tax rate on the interest income is 0% if the holding period is 4 years to less than 5 years. d. If a long-term deposit is pre-terminated, the applicable tax rate on the interest income is 12% if the holding period is 3 years to less than 4 years. Answer: C 88. An instrument with a maturity period of ten (10) years was held by juan (resident citizen) for two (2) years and was transferred to Smith (resident alien), who, in turn, held it for eight (8) years. The final withholding tax should be as follows: A B C D Juan - 12% final tax True True True False Smith – exempt True False False True Answer: A 89. An instrument with a maturity period of ten (10) years was held by Juan (nonresident, went citizen) for three (3) years and transferred it to Smith, a resident alien. Smith held it for two (2) years before subsequently transferring it to Pedro (resident citicen who held it until the day of maturity or for a period of five (5) years. The final withholding tax should be as follows: A B C D Juan - 12% final tax True True True True Smith - 20% final tax Pedro - exempt True True True False False False False True Answer: A 90. An instrument with a maturity period of ten (10) years was held by Smith (nonresident alien engage in trade or business) for three (3) years and transferred it to Juan, a resident citizen. Juan held it for two (2) years before subsequently transferring it to James (resident alien) who pre-terminated it after four (4) years. The final withholding tax are as follows: A B C D Smith – 12% final tax True True True True Juan - 20% final tax True True False False James - exempt True False False True Answer: B 91. Mr. X, a resident citizen, appoints Bank A-Trust Department to manage his money created through a trust agreement. Bank A Trust Department then invests said money in a long term investment (10-year corporate bond) of XYZ Corporation under the account name “Bank A - Trust Department". Mr.X did not withdraw his money from such trust agreement for at least five (5) years. The interest of Mr. X from the corresponding trust agreement is. a. Exempt from income tax b. Subject to 15% preferential tax rate c. Subject to 20% final tax d. Subject to basic income tax Answer: C The long-term deposits or investment certificates should be under the name of an individual and not under the name of a corporation or a bank or a trust department unit of a bank. 92. On January 1, 2016, Pedro purchased at face value 1,000 P1,000 face value bonds of San Miguel Corporation, a domestic corporation. The bonds were dated January 1, 2016 and mature on January 1, 2028. The bonds pay 10% annual interest every December 31. Pedro sold the investment directly to Juan on December 31, 2018 at 102. Which of the following statements is true? a. The interest income from the investment is subject to a final withholding tax of 5% b. The interest income from the investment is subject to a final withholding tax of 12% c. The gain on sale is subject to a final withholding tax rate of 20% d. The gain on sale is subject to basic income tax Answer: D The interest income is subject to 20% FWT (deposit substitute) Gain on sale is subject to basic tax, unless qualified for exemption (sale of longterm debt securities with maturity period of more than five years). Since the investment was sold within two (2) years from purchase, any gain on sale is taxable. 93. On January 1 2014. Lorna invested P1,000,000 to BDO's 5-year, tax-free time deposit. The long-term deposit pays 10% annual interest every January 1. In need of cash, Lorna pre terminated her investment on July 1, 2017. How much is the final tax due? a. P6,000 c. P17,500 b. P12,000 d. P42,000 Answer: D FWT = P1M X. 10% x 3.5 years x 12% tax rate on pre-termination = P42,000 In case of pre-termination of the long-term deposit or investment, depending on the holding period: Exempt 5 years or more 5% 4 years to less than 5 years 12% 3 years to less than 4 years 20% Less than 3 years Exempt 5% 12% 20% 25% 25% 25% 25% 94. Assuming the same information in the problem above, except that the investment was made by a domestic corporation, how much final tax is withheld in the year of pre-termination? a. P2,500 c. P10,000 b. P6,000 d. P12,000 Answer: C FWT = P1M x 10% x.5 year x 20% = P10,000 The investment is not under the name of an individual taxpayer, hence, not subject to tax rules on pre-termination. 95. Which of the following royalties earned within the Philippines is not subject to 10% final withholding tax? a. Royalties from computer software b. Royalties from books c. Royalties from literary works d. Royalties from musical compositions Answer: A 96. Which of the following statements is not correct? a. Interest income from long term deposit is exempt from income tax. b. Winnings from Philippine Charity Sweepstakes prior to 2018 taxable year are exempt from income tax. c. Royalties on books, literary works and musical compositions are subject to 10% non creditable withholding tax. d. A prize of P10,000 is subject to 20% final tax. Answer: D The amount is not more than P10,000, hence, subject to basic income tax. Royalty income is subject to final tax, hence, non-creditable. 97. Lebron James received royalty fee from Viva Records Corporation, a domestic corpora for his musical compositions under the album "Whatever it Takes". James is an Amell composer and has never set foot in the Philippines. The royalty fee shall be subject to: a. 15% FWT c. 25% FWT b. 20% FWT d. 5%-32% graduated tax rate Answer: C James is classified as NRA-NETB in the Philippines. 98. If the amount of prize received did not exceed P10.000, what type of income tax will apply? a. Final withholding tax on passive income b. Capital gains tax c. Basic income tax d. Fringe benefit tax Answer: C 99. If the amount of prize in the preceding number was received by a non-resident alien not engaged in trade or business, what type of income tax will apply? a. Final withholding tax b. Capital gains tax c. Basic income tax d. Fringe benefit tax Answer: A 100. The following winnings are exempt from income tax prior to the effectivity of RA No. 10963 (TRAIN Law), except? a. Lotto winnings b. Winnings from PCSO c. Winnings from raffle of a private company d. None of the choices Answer: C 101. If the amount of PCSO/Philippine lotto winnings received by a resident citizen in 2018 did not exceed P10,000, what type of income tax will apply? a. Final withholding tax on passive income b. Capital gains tax c. Basic income tax d. Exempt Answer: D Exempt from income tax 102. If the amount of PCSO/Philippine lotto winnings received by a nonresident alien not engaged in trade or business did not exceed P10,000, what type of income tax will apply? a. Final withholding tax on passive income b. Capital gains tax C. Basic income tax d. Exempt Answer: A If the recipient is NRANET, it shall be subject to 25% FWT regardless of the amount of the winnings. 103. If the amount of PCSO/Philippine lotto winnings received by a resident citizen and resident alien in 2018 is more than P10,000 , what type of income tax will apply? a. Final withholding tax on passive income b. Capital gains tax c. Basic income tax d. Exempt Answer: A; 20%FWT 104. If the PCSO/Lotto winning in the preceding number was received by a non-resident alien engaged in trade or business, what type of income tax liability will apply? a. Final withholding tax on passive income b. Capital gains tax c. Basic income tax d. Exempt Answer: D; the provision on PCSO/Lotto winnings received by NRA-ETB was not amended under the TRAIN Law. 105. The following taxpayers who received a dividend income from a domestic corporation will received net of 10% final withholding tax, except: a. Resident citizen b. Non-resident citizen c. Resident alien d. Non-resident alien engaged in trade or business Answer: D RECEIVED BY RC NRC RA NRAET NRANET Cash and/or Property Dividend from Domestic Corporation 10% FWT 20% FWT 25% FWT From Foreign Corp. (RFC, NRFC) Basic Tax Basic Tax 25% FWT Stock dividend/ Liquidating Dividend from Domestic Corporation Generally non-taxable From Foreign Corp. (RFC, NRFC) 106. Which of the following cash and/or property dividends actually or constructively received by an individual shall not be subject to final tax but to regular income tax for individuals? a. Cash and/or property dividends from a domestic corporation or from a joint stock company b. Cash and/or property dividends from insurance or mutual fund companies c. Cash and/or property dividends from regional operating headquarters o companies operating headquarters of multinational companies d.Cash and/or property dividends from a nonresident foreign corporation Answer: D A Subject to basic tax (refer to table above) 107. Which of the following income of a non-resident citizen will be taxed differently if the taxpayer is non-resident alien engage in trade or business? a. Interest income b. Royalties c. Dividends d. Prizes Answer: C 108. Which of the following income will be taxed in the same manner regardless of the classification of the taxpayer? a. Capital gain on sale of land and/or building b. Capital gain on sale of shares of stock of a domestic corporation c. Ordinary gain on sale of land and/or building d. Ordinary gain on sale of shares of stock of a domestic corporation Answer: B Situs of Dividend Income Use the following data for the next three (3) questions: Sandara, a nonresident Korean stockholder, received a dividend income of P300,000 in 2018 from Super Bowl Corporation, a foreign corporation doing business in the Philippines. The gross income of the foreign corporation from sources within and without the Philippines for the past three years preceding 2018 is provided as follows: Source 2015 2016 2017 Philippines P16,000,000 P15,000,000 P17,000,000 Abroad 8,000,000 11,000,000 13,000,000 109. The amount of income subject to tax should be: a. P0 c. P180,000 b. P120.000 d. P300,000 Answer: C Dividend income is a passive income, not a business income. Hence. Sandara is a nonresident alien not engaged in trade or business. She is taxable on "gross" income derived from Philippine sources. SITUS of Dividend Income . IF from DC = income within (in all cases) IF from Foreign Corp = GR: income without However, if the ratio of gross income from Philippine sources over world income for the past three (3) years is available, the following rules shall apply: Ratio is less than 50% = treated as derived purely from without the Philippines Ratio is at least 50% = treated as derived partly from within and without the Philippines. In the problem provided, the ratio of gross income from within the Philippines over world income for the past three (3) years of the foreign corporation is 60% computed as follows: Ratio of GL Phls./GI world = P48,000/80,000 = 60% Therefore, income derived from within the Philippines = P300,000 x 60% = P180,000 110. Sandara is subject to: a. Basic income tax on P180,000 b. Basic income tax on gross income of P300,000 c. Final withholding tax of 25% on P180,000 d. Final withholding tax of 25% on gross income of P300,000 Answer: C A nonresident alien not engaged in trade or business in the Philippines is subject to 25% final withholding tax based on gross income. 111. Assuming Super Bowl is a domestic corporation, the amount of income subject to tax should be: a. P0 c. P180,000 b. P120,000 d. P300,000 Answer: D Dividend income received from a domestic corporation is considered income derived purely from Philippine sources. 112. Sandara, a nonresident citizen, received a dividend income of P300.000 in 2018 from Super Bowl Corporation, a foreign corporation doing business in the Philippines. The gross income of the foreign corporation from sources within and without the Philippines for the past three years preceding 2018 is provided as follows: Source 2015 2016 2017 Philippines P14,000,000 P10,000,000 P12,000,000 Abroad 10,000,000 16,000,000 18,000,000 113. The amount of income subject to tax should be: a. P0 c. P165,000 b. P135,000 d. P300,000 Answer: A The taxpayer is a nonresident citizen hence, taxable only on income derived from Philippine sources. The ratio of gross income from within the Philippines over world income for the past three (3) years of the foreign corporation is 45% (ratio = P36,000/80,000), If the ratio is at less than 50%, the dividend income shall be treated as derived purely from sources without the Philippines, Share in the Net Income of a Partnership and Joint Venture 114. Share in the net distributable income of a general co-partnership by a resident citizen is subject to: a. 10% final withholding tax b. 20% final withholding tax c. 6% capital gains tax d. Basic income tax Answer: A General partnerships or commercial/trading partnerships are treated as corporate taxpayers for tax purposes. Therefore, share in income from such partnerships shall be treated as dividend income. 115. Share in the net distributable income of a general professional partnership by a resident citizen is subject to: a. 10% final withholding tax b. 20% final withholding tax c. 6% capital gains tax d. Basic income tax Answer: D General “professional" partnerships are tax exempt and not treated as “corporate" taxpayers for tax purposes. Therefore, share in income from such partnerships shall be not treated as dividend income. 116. If a non-resident citizen received his share in the income of a taxable joint venture, what type of income tax that will apply on the said income? a. Final withholding tax on passive income b. Capital gains tax c. Basic income tax d. Fringe benefit tax Answer: A A The share in income from a taxable joint venture is treated as dividend income. 117. Based on the preceding number, except that the joint venture is exempt from income tax. what type of income tax will apply on the said income? a. Final withholding tax on passive income b. Capital gains tax c. Basic income tax d. Fringe benefit tax Answer: "C" The share in income from a tax-exempt joint venture is not treated as dividend income TWO (2) types of tax exempt joint ventures: Joint venture formed for the purpose of undertaking construction projects pursuant to Presidential Decree (PD) No. 929 (dated 4 May 1976) to assist local contractors in achieving competitiveness with foreign contractors by pooling their resources in undertaking big construction projects. Joint venture or consortium for engaging in petroleum, coal, geothermal and other energy operations pursuant to an operating consortium agreement under a service contract with the government. 118. LJ and Fermin formed a joint venture. They agreed to share profit or loss in the ratio of 70% and 30%, respectively. The results of operations for 2017 taxable year were provided below: Joint Venture LJ Fermin Gross income P5,000,000 3,000,000 2,000,000 Business expenses 3,000,000 2,000,000 1,000,000 The total income tax expense of LJ in 2017 is: a. P0 c. P269,000 b. P367,000 d. P582,600 Answer: B Joint Venture Gross income 5,000,000 Business Expense (3,000,000) Basic Personal exemption – Taxable Net income P2,000,000 Tax rate/ tax table 30% • Corporate Income Tax P60,000 • Basic Tax using the Old Tax Table Distributable income (P2M-.6M) = P1.4M Final tax @10% on share in income of JV LJ = P1.4M x 70% x 10% Fermin = P1.4M X 30% x 10% Total income tax expense P600,000 LJ 3,000,000 (2,000,000) (50,000) P950,000 Fermin 2,000,000 (1,500,000) (50,000) P450,000 P268,000 P110,000 98,000 P367,000 119. Assume the joint venture is nontaxable, the total income tax expense of LJ is a. PO c. P301,000 b. P367,000 d. P717,000 Answer: D 42,000 P152,000 Solution: Gross income Business expenses Net Income P2,000,000 Distributable income Share in income LJ = P2M x 70% Patricia = P2M x 30% Basic Personal Exemption Taxable income Income Tax Expense (OLD Tax Table) Joint Venture P5,000,000 (3,000,000) P1,000,000 LJ Fermin P3,000,000 (2,000,000) P1,000,000 P2,000,000 (5,000,000) P500,000 P2,000,000 1,400,000 (50,000) P2,350,000 P717,000 600,000 (50,000) P1,050,00 301,000 Capital Gains Tax 120. Which of the following sale transactions will be subject to capital gains tax? a. Sale of shares of stock by a dealer in securities b. Sale of shares of stock during an Initial Public Offering c. Sale of shares of stock not through the local stock exchange by a person who is not a dealer in securities d. Sale of shares of stock through the local stock exchange by a person who is not a dealer in securities Answer: C Use the following data for the next four (4) questions: Bryan sold the following shares of stock of domestic corporations which he bought for investment purposes: Listed and Traded Not Listed and Traded Selling price Selling expense Cost 250,000 12,000 118,000 143,680 3,680 80,000 121. Determine the capital gains tax assuming the sale was made in 2017 (before effectivity of TRAIN Law) and 2018 (upon effectivity of TRAIN Law) 2017 2018 a. b. c. d. Answer: A 2017: P3,000 3,184 3,184 3,000 P9,000 9,552 9,000 9,552 CGT = 5% on 1st P100,000 gain; 10% in excess of P100,000 gain CGain = P143,680 - 3,680 - 80,000 = P60,000 CGT = P60,000 x 5% = P3,000 2018 (TRAIN Law): CGT = 15% of capital gain CGT = P60,000 x 15% = P9,000 122. Bryan's total income tax expense for 2017 and 2018 is: 2017 2018 a. P3,000 P9,000 b. 4,250 30,552 c. 3,0552 9,000 d. 9,000 4,250 Answer: A Income tax expense = Basic income tax + FWT on passive income + CGT. The sale of listed shares is not subject to income tax, but to stock transaction tax of 12 of 1% of GSP prior to 2018 6/10 of 1% of GSP beginning Jan. 1, 2018 (TRAIN Law) 123. Assume Bryan is a dealer in securities, the capital gains tax in 2017 and 2018 is 2017 2018 a. P3,000 P9,000 b. 9,000 3,000 c. 0 9,000 d. 0 0 Answer: D If the seller is a dealer in securities, the shares involved are assumed to be for sale in the ordinary course, hence, the sale is subject to vat and the income on both cases (listed or not) is subject to basic income tax. Likewise, the sale is not subject to capital gains tax nor to stock transaction tax of 1/6 of 1% (as amended) of gross selling price. 124. Assume the shares sold are shares issued by foreign corporations, the capital gains tax in 2017 and 2018 is: a. 2018 a. P3,000 P9,000 b. 9,000 3,000 c. 0 9,000 d. 0 0 Answer: D Sale of shares of foreign corporations is subject to basic income tax. Next three (3) questions are based on the following data: Alex, a resident citizen, disposed the following shares of stock of a domestic corporation whose ores are not listed and traded in the local stock exchange: Date of Sale Cost Selling Price Jan. 15, 2017 P80,000 135,000 Feb. 14, 2017 175,000 150,000 March 30, 2017 256,000 360,000 125. The capital gains tax on the Jan. 15, 2017 sale is a. P675 c. P2,750 b. P1,375 d. P55,000 Answer: C Capital gain = P135,000 – 80,000 = P55,000 CGT = P55,000 x 5% = P2,750 126. The capital gains tax on the Feb. 14, 2017 sale is a.P0 c. P3,000 b. P1,500 d. P4,500 Answer: A; The transaction resulted to a capital loss of P25,000. 127. The capital gains tax on the March 30, 2017 sale is a. P0 c. P5,400 b. P5,200 d. P10,400 Answer: C Capital gain = P360,000 - 256,000 = P104,000 CGT = (P100,000 x 5%) + (P4,000 x 10%) = P5,400 128. The capital tax payable(refundable) when the consolidated return is filed on or before April 15, 2017 a. PO c. P8,150 b. P250 d. P8,400 Answer: B Consolidated Capital gain = P134000 CGT on consolidated capital gains = [(P100k x 5%) + (34,000 x 10%)] = P8.400 CGT Payable = P8,400 – payments of P2,750 and P5,400 = P250 Filing of Tax Return for CGT on Shares of stock: Ordinary Return - 30 days after each transaction Final Consolidated Return - on or before April 15 of the following year 129. Statement 1: Tax CGT on sale of real properties shall be paid within 30 days from sale or disposition, Statement 2: The CGT on the unutilized portion of the proceeds in case of sale of a property classified as a principal residence shall be paid within 30 days after the expiration of the eighteen (18) month period. A B C D Statement 1 True False True False Statement 2 True False False True Answer: A 130. Which of the following transactions is subject to 6% capital gains tax: a. Sale of condominium units by a real estate dealer b. Sale of real property utilized for office use c. Sale of apartment houses d. Sale of vacant lot by an employee Answer: D The real properties in “A”, “B” and “C” are ordinary assets, hence, subject to value added tax and the income derived is subject to basic income tax. Only real properties classified as capital assets located in the Philippines are subject to CGTs on real properties. 131. Statement 1: The determination of 6% capital gains tax on sale of real property is based on net capital gains realized by the seller of real property. Statement 2: Except for certain passive income, a nonresident alien not engaged in trade or business shall be taxed at 25% of his gross income derived from sources within the Philippines a. Only statement 1 is correct b. Only statement 2 is correct c. Both statements are correct d. Both statements are incorrect Answer: B A Statement 1 is false. The basis of 6% capital gains tax is the higher between the selling price and fair market value (FMV). FMV shall refer to the higher between the fair market value as determined by the city or provincial assessors (assessed value) and the zonal value as determined by the BIR. 132. Mike, a resident citizen taxpayer owns a property converted into apartment units with a monthly rental of P10,000 per unit. He subsequently sold the property to Leomar, a resident alien taxpayer. The sale shall be subject to: a. 6% Capital gains tax b. Basic income tax c. 6% capital gains tax or basic income tax at the option of Mike d. 6% capital gains tax or basic income tax at the option of Leomar Answer: B The property sold is classified as ordinary asset. 133. Statement 1: Proceeds of sale of real property classified as capital asset may be exempt from the 6% capital gains tax. Statement 2: Gain from sale of real property real property classified as capital asset to the Government may be taxed under Section 24 (A) at the option of the individual taxpayer. a. Only statement 1 is correct b. Only statement 2 is correct c. Both statements are correct d. Both statements are incorrect Answer: C If the real property sold is a "principal residence" and the requirements 10 exemption were all complied with, such sale is exempt from CGT. Use the following data for the next three (3) questions: 134. Vincent sold a residential house and lot held for P10.000.000 to his friend. Its FMV when he inherited it from his father was P12,000,000 although its present FMV is P15,000,000. The tax on the above transaction is: a. P720,000 capital gains tax b. P900,000 capital gains tax c. 30% donor's tax d. Value added tax Answer: B CGT = P15M x 6% = P900,000 Although GSP is substantially lower than its FMV, the excess of FMV over SP is not considered part of Gross Gift for donor's tax purposes (relate to donor's tax–rules on insufficient consideration). 135. Assuming the house and lot was Vincent's principal residence and he used 12 of the proceeds to buy a new principal residence within eighteen (18) months after the above sale. Assume further that Vincent properly informed the BIR about the sale. It shall be: a. Exempt from capital gains tax b. Subject to P300,000 capital gains tax c. Subject to R450,000 capital gains tax d. Subject to P600,000 capital gains tax Answer: C Solution: CGT CGT CGT = = = Unutilized Proceeds Selling Price P10M X 12/P10M P450,000 x(Highest among SP, FMV and)x 6% x P15,000,000 x 6% 136. Based on the above problem, but assuming the residential house is located abroad, the capital gains tax is: a. P0 c. P450,000 b. P300,000 d. P480,000 Answer: A Sale of RP abroad = Subject to basic income tax 137. Gain from sale of real property classified as capital asset located abroad by a resident citizen is subject to A B C D 6% capital gains tax True False True False Section 24A of the tax code True False False True Answer: D Personal Exemptions, Premium Payment on Health/Hospitalization insurance NOTE: THESE ARE NO LONGER DEDUCTIBLE FROM GROSS INCOME BEGINNING JAN. 1, 2018. 138. An exemption allowed to a taxpayer who has qualified legitimate, illegitimate or legally adopted children (Prior to 2018). a. Additional personal exemption. b. Special additional personal exemption. c. Optional standard deduction. d. Basic personal exemption. Answer: A 139. Under the Tax Code, who of the spouse is the proper claimant of the additional exemption with respect to any of the dependent children? a. The husband if his income is higher than the income of the wife. b. The spouse who has the bigger income. c. The husband. d. The wife if her income is higher than the income of the husband. Answer: C 140. During 2017, a married taxpayer from Isabela province supports the following: Juan, legitimate child who turned 21 years old during the taxable year. Ana (recognized natural child), 18 years old, student of Excellent College in Manila. Ana stayed most of the time during the year in Manila. Fe (illegitimate child), 20 years old, who got married during the year. BJ, a qualified foster child JJ, stepchild, son of Pedro's wife by a former marriage, 15 years old. Marta, widowed mother of his wife, 62 years old. For income tax purposes, the taxpayer can claim: Basic exemption Additional exemption a. P50,000 P100,000 b. P50,000 P75,000 c. P50,000 P50,000 d. P50,000 P0 Answer: A If the spouse or any of the dependents dies or if any of such dependents marries, becomes twenty-one (21) years old or becomes gainfully employed during the taxable you!" cialm the same exemptions as if the spouse or any of the dependents died, married, became twenty-one (21) years old or became gainfully employed alle close of such year. A foster, under RA 10165 (An Act to Strengthen and Propagate Foster Care) shall be allowed to claim a foster child as qualified dependent subject to the following conditions. The total number of qualified dependents, including a foster child and PWD, as the case may be, for additional exemption purposes shall not exceed tour (4). The period of foster care is a continuous period of at least one (1) taxable year. Only one foster parent can treat the foster child as a dependent for a particular taxable year. The following terms for tax purposes were defined under the Foster Child Act as follows: “Child” refers to a person below eighteen (18) years of age, or one who is over eighteen (18) but is unable to fully take care of or protect oneself from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition. “Foster Care” refers to the provision of planned temporary substitute parental care to a child by a foster parent. "Foster Child” refers to a child placed under foster care. “Foster Parent” refers to a person, duly licensed by the DSWD, to provide foster care 141. Pedro, single has the following dependents who live with him in 2016: Eddie, brother, 30 years old, mentally impaired Leah, sister, 16 years old, college student Faith, legally adopted child, gainfully employed. Robert, not related to the taxpayer, 70 years old, qualified senior citizen. For income tax purposes, Pedro can claim in 2016: Basic exemption Additional exemption a. 250,000 Zero b. P50,000 P25,000 c. P50,000 250,000 d. P50,000 275,000 Answer: A Eddie, his brother (within 4th civil degree of consanguinity) is a PWD under RA 10754. hence, Pedro is entitled to additional exemption of P25,000. Persons with Disability as defined under the Implementing Rules and Regulation 10754, otherwise known as “An Act Expanding the Benefits and Privileges of Person Disability (PWD)", are those who have long-term physical, mental, intellectus sensory impairments which in interaction with various barriers may hinder their fu effective participation in society on an equal basis with others. For purposes of these Rul and Regulations, persons with disability shall be classified by the Department of He (DOH) through an issuance. A benefactor of a senior citizen is entitled to a basic personal exemption of P50.000 wh is the allowed basic personal exemption of all qualified individual taxpayers required to income tax returns as provided under RA 9504. However, a senior citizen who is gainfully employed, living with and dependent upon his benefactor for chief support will not entitle the benefactor to claim additional personal exemption of P25,000. 142. Using the same data in the immediately preceding number except that the taxable year is 2018, Pedro can claim: Basic exemption Additional exemption a. Zero Zero b. P50,000 P25,000 c. P50,000 P50,000 d. P50,000 P75,000 Answer: A 143. Juan, a widower, supports the following dependents living with him: Martha, mother of his deceased wife, 68 years old, unemployed BJ, legitimate child of his wife from her first husband, 20 years old Ana, legitimate child, 18 years old Lorna, newly born child Loreto, brother, 24 years old, physically defective, gainfully employed Fe, nephew, 2 years old with hearing disability, illegitimate son of his deceased sister Magda, 26 years old sister, widow, with speech impairment, unemployed Gloria, legitimate daughter of his widowed sister, 3 years old Clifford, a 5 year old foster child During 2016, Ana got married and Magda became gainfully employed What is Juan's personal exemptions for taxable year 2016 and 2017? 2016 2017 a. P150,000 P150,000 b. P150.000 P125,000 c. P125,000 P125,000 d. P125,000 P100,000 Answer: B Qualified Dependents for 2016: Juan has 5 qualified dependents (Ana, Lorna, Fe, Magda and Clifford) but can claim a maximum of 4 for the taxable year. Juan may still claim additional exempt on Ana and Magda during 2016 because for personal exemption purposes, 1 18 assumed that Ana got married as of the close of 2016 and as if Magda became gainfully employed only as of the close of 2016. BJ is a qualified dependent only if Juan legally adopts him Martha is a senior citizen within 4th civil degree by affinity but not a PWD Loreto is a relative within 4th civil degree by consanguinity and a PWD, but gainfully employed Qualified Dependents for 2017: Juan has 3 qualified dependents (Lorna, Fe and Clifford) Ana and Magda are no longer qualified dependents for 2017 taxable year. 144. For taxable periods prior to 2018, one of the following is not qualified as dependent for income tax purposes: a. illegitimate child, 16 years old, living in the United States due to his studies. b. Senior citizen, mother of the taxpayer, with a yearly income of P60,000, living with and taken cared of by the taxpayer. c. Legitimate child, 21 years old, with a monthly income of P2,000, living with the taxpayer d. Brother, 30 years old, incapable of self support because of physical disability or being a PWD. Answer: D The PWD (brother) is two civil degrees away from the taxpayer. The requirement is within fourth civil degree by consanguinity or affinity . 145. During 2017, James Jones (an American, resident of California, USA) has P100,000 dividend income from a domestic corporation in the Philippines. If he is married and his country's tax law is allowing P30,000 tax exemption for Filipino businessmen doing business in his country, his income earned in the Philippines is allowed in 2017 with this personal exemption of: a. P30,000 c. 32,000 b. P50,000 d. P0 Answer: D 146. An individual taxpayer, whose personal exemption allowed is the lower amount provided between the Philippine Tax Code and his country's tax code (assume taxable year is prior to 2018) Citizenship Residency Business income a. Filipino Within No b. Filipino Outside Yes c. Alien Within No d. Alien Outside Yes Answer: D 147. Prior to 2018 taxable year, which of the following taxpayers is subject to the rule on reciprocity under the Tax Code with respect to their allowed personal exemption? a. Nonresident citizen with respect to his income derived from outside the Philippines b. Nonresident alien who shall come to the Philippines and stay herein for an aggregate period of more than 180 days during any calendar year. c. Resident alien deriving income from a foreign country. d. Nonresident alien not engaged in trade or business in the Philippines whose country allows personal exemption to Filipinos who are not residing but are deriving income from said country Answer: B 148. Prior to 2018 taxable year, a nonresident alien deriving income from Philippine sources claims that he is entitled to personal exemptions. Which of the following is not a condition for the allowance of personal exemptions to said taxpayer? a. That he has stayed in the Philippines for an aggregate period of more than 180 days. b. That his country has an income tax law that allows personal exemptions to Filipinos not residing therein. d. That he has filed a true and accurate return of his total income from all sources within the Philippines. d. That he is married to a Filipina. Answer: D 149. The taxpayer is a married nonresident alien engaged in business in the Philippines with two (2) qualified dependent children. His country gives a nonresident Filipino with income there from a basic personal exemption of P25,000 & P12,500 additional personal exemptions for each qualified dependent child. He is entitled to total personal exemptions in 2017 of: a. P50,000 c. P75,000 b. P100,000 d. nil Answer: A Total Personal exemption = Basic P25,000 and additional of P12,500 x 2 = P50,000 150. The following may claim personal exemption prior to 2018, except: a. Nonresident alien not engaged in trade or business. b. Nonresident alien engaged in trade or business. c.Resident alien. d. Citizens. Answer: A 151. An overseas contract worker is allowed an additional exemption prior to 2018: a.When he has no income from Philippines sources, and he has not waived his right over the additional exemption for his dependent children. b. When he has dependent children in the Philippines whom he provides chief support with on a regular basis from his income wholly earned outside the Philippines. c. When he and his wife have income from common property situated in the Phipps that provides chief support to his minor dependents. d.Only when his qualified minor dependent children actually live with him abroad. Answer: C 152. Armando, a resident citizen, is employed as a manager of a Regional Operating Headquarters of a multinational company in the Philippines. His annual taxable compensation income in 2016 is P1,000,000 He is married but estranged from his wife. He has, living with him and fully dependent for support, his five (5) minor children, who are all unmarried and not gainfully employed. What amount could Armando claim as his additional exemptions assuming he opted to be taxed at 15% of his gross income? a. P150,000 c. P50,000 b. P100,000 d. P0 Answer: D If he opted to be taxed at a preferential tax rate of 15% (a final withholding tax), he is no longer entitled to personal exemptions. 153. Using the same data in the immediately preceding number but assuming he opted to be taxed using the graduated tax rate, what amount could he claim as his total personal exemptions? a. P150,000 c. P50,000 b. P100,000 d. P0 Answer: A If he opted to be taxed using the graduated tax rate, he is entitled to personal exemptions. 154. 1st Statement: If a taxpayer marries or has dependents during the year, or dies during the year, or his spouse dies during the year, he/his estate may claim personal exemption (prior to 2018) in full for such year. 2nd Statement: If a dependent child dies within the year, or becomes twenty-one within the year, the taxpayer may still claim additional exemption (prior to 2018). A B C Basic personal exemption True True False Additional personal exemption True False True years old D False False Answer: A 155. Pedro, single, is a benefactor of a senior citizen, a 'relative within 4th civil degree of consanguinity. Pedro is entitled to (taxable year – prior to 2018): A B C D Basic personal exemption Yes Yes No No Additional personal exemption Yes No Yes No Answer: B 156. Ana, 35 year-old PWD is living with and dependent upon Pedro, her uncle. Ana is the daughter of Pedro's first cousin. Pedro is entitled to (taxable year - prior to 2018): A B C D Basic personal exemption Yes Yes No No Additional personal exemption Yes No Yes No Answer: B Ana is five civil degrees apart from Pedro. The requirement is within fourth civil degree by consanguinity or affinity. 157. Pedro, single, provides chief support for one (1) year to Ana (20 years old foster child). Pedro is entitled to: A B C D Basic personal exemption Yes Yes No No Additional personal exemption Yes No Yes No Answer: B The age requirement for a foster child to qualify as dependent for purposes of additional exemption is below eighteen (18) years of age, or one who is over eighteen (18) but is unable to fully take care of or protect oneself from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition. 158. Deduction from gross income for Premium payment on health and/or hospitalization insurance taken out by the individual taxpayer for his family is allowed if the taxpayer is classified as: I. Resident citizen II. Nonresident citizen III. Resident alien IV. Nonresident alien engaged in trade V. Nonresident alien not engaged in trade a. I and II only c. l, ll, III and IV only b. I, II and III only d. All of the above Answer: C 203. The income tax payable of Juan is: a. P0 c. P43,250 b. P30,000 d. P73,250 Answer: A Income Tax Payable = Basic Tax -- CWTx = P73.250 - 73,250 = PO 204. Statement 1: Meal allowance and lodging furnished by the employer to the employees are exempt from tax if furnished for the "advantage or convenience of the employer". Statement 2: Tax exempt meal allowance should be furnished within the premises employer. a. Only statement 1 is correct b. Only statement 2 is correct c. Both statements are correct d. Both statements are incorrect Answer: C 205. The amount of de minimis benefits conforming to the ceiling of de minimis benefits shall be: I. Exempt from income tax, regardless of the rank of the employee II. Not be considered in determining the P82,000 ceiling of other benefits excluded from the gross income under the Code, as amended. a. I only c. Both I and II b. Il only d. Neither I nor II Answer: C 206. The excess of the de minimis benefits over their respective ceilings prescribed under the regulations shall be a. Considered as part of other benefits subject to tax only on the excess over the P90,000 ceiling. b. Not be considered in determining the P90,000 ceiling of other benefits excluded from the gross income under the Code, as amended. c. Both "a" and "b" d. Neither "a" nor "b" Answer: A; Prior to 2018 taxable year, the ceiling was P82,000 207. The amount of P90,000 under "other benefits” which are excluded from gross income shall 1. Not be applicable to self-employed individuals. II. Not be applicable to income generated from the conduct of trade or business. III. Shall be applicable to all types of income a. I only c. l, II and III b. I and II only d. None of the above Answer: B 208. "Other Benefits" under revenue regulations include I. Christmas bonus II. Productivity incentive bonus lll. Loyalty awards lV. Gifts in cash or in kind and other benefits of similar nature actually received officials and employees of both government and private offices a. I only c. I, II and III b. I and III only d. I, II, III and IV Answer: D by Minimum Wage Earners and Senior Citizens 209. Minimun Wage Earners (MWEs) receiving "other benefits” exceeding P90,000 limit shall be a. Taxable on the excess benefits only b. Taxable on the excess benefits as well as his salaries, wages and allowances, just like an employee receiving compensation income beyond the statutory minimum wage. c. Exempt from income tax d. None of the above Answer: B Prior to January 24, 2017, in relation to MWE as provided under RR 10-2008, an employee who receives/earns additional “compensation" such as commissions, honoraria, fringe benefits, benefits in excess of the allowable P90,000 taxable allowances and other taxable income other than the statutory minimum wage, overtime pay, holiday pay, night shift differential, hazard pay shall not enjoy the privilege of being a minimum wage earner. However, the Supreme Court (SC) ruled that nothing to this effect can be read from RA 9504 (Minimum Wage Earner Law). In the case of Soriano vs. Secretary of Finance with GR No. 184450 dated January 24, 2017, the SC held that a minimum wage earner who receives/earns additional "compensation" such as commissions, honoraria, fringe benefits, benefits in excess of the allowable P90,000 under RA10963 (P82,000 prior to 2018) tax exempt bonuses and other benefits, shall still enjoy the privilege of being a minimum wage earner. According to SC, RA 9504 is silent on whether compensation-related benefits exceeding the P90,000 threshold (as amended) would make an MWE lose exemption. RA 9504 has given definite criteria for what constitutes an MWE, and RR 10 2008 cannot change this. 210. Pedro, single, is a minimum wage earner of Makibaka Corporation. In addition to his basic minimum wage of P180,000 for the year, he also received the following benefits: Holiday pay, P32,000 Overtime pay, 25,000 Night shift differential, 18,000 The income subject to tax should be a. P57,000 b. P75,000 c. P255,000 d. nil Answer: D Use the following data for the next three (3) questions: Pedro, single, is a minimum wage earner. In addition to his basic minimum wage of P180,000 for the year, he also received the following benefits: De miniminis, P60,000 (P20,000 over the ceiling) 13th month pay and other benefits, P112,000 211. Pedro's taxable income assuming the taxable year is 2017 should be: a. P48,000 c. P82,000 b. P53,000 d. nil Answer: D De minimis - over the ceiling P20,000 13th month pay and other benefits 112,000 Total P132,000 Tax exempt benefits prior to TRAIN Law (82,000) Balance P50,000 Less: basic exemption (50,000) Taxable Net Income As provided for in a recent decision by the Supreme Court, an individual taxpayer designated as MWE like Pedro, shall be exempt on his compensation income as MWE regardless of the amount of his 13th month pay and other benefits. De minimis within the ceiling is tax exempt Excess of de minimis over the ceiling shall be added to other benefits The tax exempt benefits prior to 2018 was P82,000 Personal exemptions are allowed prior to 2018 212. How much is the income tax due of Pedro assuming the taxable year is 2018? a. P48,000 c. P82,000 b. P53,000 d. nil Answer: D Solution: De minimis - over the ceiling P20,000 13th month pay and other benefits 112,000 Total P132,000 Tax exempt benefits under TRAIN Law (90,000) Balance P42,000 Less: basic exemption Taxable net income P42,000 Income Tax Due (revised tax table) Beginning January 1, 2018, personal exemptions shall no longer be deductible However. 1st P250.000 of income under TRAIN Law is exempt from tax. 213. How much is the income tax due of Pedro in 2018 assuming he is also earned P450,000 derived from his business of buying and selling various consumer products? a. P48,000 c. P82,000 b. P53,000 d. nil Answer: B Solution: Business income P450,000 De minimis - over the ceiling 20,000 13th month pay and other benefits 112,000 Total P582,000 Tax exempt benefits under TRAIN Law (90,000) Balance P492,000 Less: basic exemption Taxable net income P492,000 Income Tax Due (revised tax table) P53,000 A minimum wage earner shall be taxable on his income derived from business and/or practice of profession. 214. Which of the following statements is incorrect? a. A senior citizen is taxable in the same manner as an individual taxpayer. b. A person with disability (PWD) is taxable in the same manner as an individual taxpayer, c. Prior to 2018, a benefactor of a senior citizen may claim additional exemption of P25,000. d. None of the above Answer: C Premium Payment for Health/Hospitalization Insurance Miscellaneous topics before the effectivity of TRAIN Law 215. Medy, resident citizen, single, supporting three minor illegitimate children, one of them living abroad, has the following data for taxable year 2017: Salary from XYZ Co. (net of P40,000 withholding tax) P350,000 Professional fee (net of 10% withholding tax) 135,000 Expenses incurred (25% pertains to living expenses) 80,000 Health and/or hospitalization insurance premium paid 5,000 The income tax payable is: a. 251,700 c. P43,300 b. P49,300 d. 234,000 Answer: D Solution: Salaries (gross) Profe. Fees (P135,000/90%) Professional expenses (P80,000 x 75%) Premium payment on health insurance Basic personal exemption Additional personal exemption (2 only; one is living abroad) Taxable net income Income Tax Due (old tax table) Less: CWT on salaries CWT on professional fees Income Tax Payable P390,000 150,000 (60,000) (50,000) (50,000) P380,000 P89,000 (40,000) (15,000) P34,000 Premium payment on health/hospitalization insurance is not allowed in this particular case because the family income exceeded P250,000 216. Based on the above problem, assuming his salary from XYZ Co. is P80,000 (gross of withholding tax), how much is the taxable income? a. P126,600 c. P121,000 b. P129,000 d. P67,600 Answer: D Salaries (gross) P80,000 Profe. Fees (P135,000/90%) Professional expenses (P80,000 x 75%) Premium payment on health insurance Basic personal exemption Additional personal exemption (2) Taxable net income 150,000 (60,000) (2,400) (50,000) (50,000) P67,600 Maximum amount deductible for premium payment on health/hospitalization insurance is P2,400. 217. Pedro, a resident of Isabela Province had the following data for taxable year 2015: (Exchange rate $1-P40). Philippines Abroad Salaries Business Income Business expenses Interest income: Personal receivable FCDU On bank deposits (20% long-term) Royalty income (20% from books) Prize won in contest Winnings from Phil. Charity Sweepstakes Sale of shares of stocks of a domestic corp. directly to a buyer (cost R10,000) P165,000 450,000 120,000 $2,000 6,000 1,500 10,000 $2,500 25,000 22,000 10,000 80,000 3,000 1,000 30,000 Additional information: Pedro received the following dividend income during the taxable year: P70,000 from a domestic corporation. P30% of its income is attributed to its operations abroad. P60,000 from a resident foreign corporation. The ratio of its gross income in the Philippines over worldwide income for the past three years is only 40%. P80,000 from a nonresident foreign corporation. The ratio of its gross income in the Philippines over worldwide income for the past three years is 10%. Pedro is married with the following dependents: Ana, 23 years old, disabled Ron, who turned 21 years old on January 1, 2015 Lebron, 28 years old. He was recently retrenched by his employer Lorna, a college student, living in Manila He also sold a condominium unit in Manila (residential) for P2,000,000 although its FMV is P3,000,000 but with a zonal value of P4,000,000. The taxable income of Pedro is: a. P925,000 c. P858,000 Answer: B b. P950,000 d. P928,000 Solution: Salaries (165k + (2K x P40) Business Income (450k + (6k x P40)] Business expenses [120k + (1.5k x P40)] Interest income Personal receivable FCDU On bank deposits abroad (3k X P40) Royalty income abroad (1k x P40) Prize won in contest Winnings from Phil. Charity Sweepstakes Sale of shares of stocks of a domestic corp. directly to the buyer (cost P10,000) DI – RFC and NRFC (100%) Basic personal exemption Additional personal exemption TAXABLE INCOME P245,000 690,000 (180,00) (10,000) 120,000 40,000 10,000 Exempt CGT 140,000 (50,000) (75,000) 218. Pedro's total final taxes on his passive income is: a. P15,460 c. P23,460 b. P22,460 d. P23,900 Answer: B Solution: Interest Income FCDU (2,500 x 40 x 7.5%) On bank deposits Phils. (P25,000 x 80% x 20%) Royalty income Phils. – books (22K x 20% x 10%) Other Royalty income Phils. (22k x 80% x 20%) Dividend income from DC (P70,000 x 10%) Total Final taxes on passive income P7,500 4,000 440 3,520 7,000 P22,460 219. His total capital gain's taxes is: a. P241,000 c. P240,000 b. P251,720 d. P257,000 Answer: A Total CGT = CGT on shares and real properties CGT on shares = SP30,000 - cost P10,000 = P20,000 x 5% = P1,000 CGT real properties = P4M x 6% = P240,000 Total CGT = P241,000 220. If he is a non-resident citizen his total final tax on passive income is: a. P14,960 c. P23,460 b. P22,460 d. P23,900 Answer: A Interest Income FCDU (2,500 x 40 x 7.5%) On bank deposits Phils. (P25,000 x 80% x 20%) Royalty income Phils. – books (22k x 20% x 10%) Other Royalty income Phils. (22K x 80% x 20%) Dividend income from DC (P70,000 x 10%) Total Final taxes on passive income P4,000 440 3,520 7,000 P14,960 221. If he is a non-resident alien not engaged in trade or business his total combined taxes on all income from Philippines is: (excluding business income) a. P83,000 c. P336,500 b. P2410 d. P340,000 Answer: C Salaries Phils. Interest income: Personal receivable FCDU On bank deposits Phils. incl.long-term deposit Royalty income Phils. Prize won in contest Winnings from Phil. Charity Sweepstakes Sale of shares of stocks of a domestic corp. directly to the buyer (cost P10,000) DI-DC DI - RFC and NRFC PERSONAL EXEMPTION TAXABLE INCOME INCOME TAX: P382,000 X 25% Total CGT TOTAL INCOME TAX EXPENSE P165,000 10,000 25,000 22,000 10,000 80,000 70,000 P382,000 P95,500 241,000 P336,500 Use the following data for the next five (5) questions: Breezia Tan has the following data on his passive income earned during 2016: Philippines Interest income from long term peso bank deposits 45,000 Interest income from long term FCDU deposits 50,000 Royalties from books 20,000 Royalties from computer programs 20,000 Winnings from an electronic raffle during Smart Communication's 50th anniversary (chosen randomly by the network using smart subscribers' sim card numbers) 10,000 Dividend income from a domestic corporation 27,000 Dividend income from a foreign corporation 33,000 222. How much is the final withholding tax if the taxpayer is a resident citizen? a. P13,450 c. P12,450 b. P9,700 d. P14,450 Answer: D Solution: Peso bank deposit, P45k x 20% FCDU deposit, P50,000 x 7.5% Abroad 25,000 60,000 30,000 40,000 13,000 22,000 Exempt 3,750 Royalties – books P20,000 x 10% Royalties - computer programs, P20,000 x 20% Winnings, P10,000 x 20% Dividend income from DC, P27,000 x 10% Total Final taxes on passive income 2,000 4,000 2,000 2,000 14,450 223. How much is the final withholding tax if the taxpayer is a resident alien? a. P13,450 c. P12,450 b. P9,700 d. P14,450 Answer: D Same computation with “RC" 224. How much is the final withholding tax if the taxpayer is a non-resident citizen? a. P13,450 c. P9,700 b. P8,700 d. P10,700 Answer: D Solution: Peso bank deposit, P45k x 20% FCDU deposit, P50,000 x 7,5% Royalties - books P20,000 x 10% Royalties - computer programs, P20,000 x 20% Winnings, P10,000 x 20% Dividend income from DC, P27,000 X 10% Total Final taxes on passive income 225. How much is the final withholding tax if the taxpayer is a non-resident alien engaged in trade or business? a. P13,450 c. P9,700 b. P13,400 d. P13,750 Answer: B Solution: Peso bank deposit, P45k x 20% Exempt FCDU deposit, P50,000 x 7.5% Exempt Royalties - books P20,000 x 10% 2,000 Royalties -- computer programs, P20,000 x 20% 4,000 Winnings, P10,000 x 20% 2,000 Dividend income from DC, P27,000 x 20% 5,400 Total Final taxes on passive income 13,000 226. How much is the final withholding tax if the taxpayer is a non-resident alien not engaged in trade or business? a. P19,250 c. P43,000 b. P30,500 d. P29,000 Answer: B Solution: Peso bank deposit, P45k x 25% 11,250 FCDU deposit, P50,000 x 7,5% E Royalties - books P20,000 x 25% 5,000 Royalties - computer programs, P20,000 x 25% 5,000 Winnings, P10,000 x 25% 2,500 Dividend income from DC, P27,000 x 25% 6,750 Total Final taxes on passive income 30,500 Filing of Income Tax Returns 227. Statement 1: Where an income tax return is required (e.g., in loan applications), and the individual did not file an income tax return because of the rules on "substituted filing of income tax return" the certificate of withholding income tax signed by the employer and the employee will be the document to use Statement 2: The rules on substituted filing of income tax return cannot apply if one of the spouses has business or mixed income a. The first statement is true while the second statement is false b. The first statement is false while the second statement is true c. Both statements are true d. Both statements are false Answer: C 228. The following are the requirement for substituted filing of income tax return, except a. He had one employer only. b. His income was purely compensation income. C. Income tax withheld by the employer is correct. d. He had consecutively filed his income tax return for the past five years. Answer: D 229. Statement 1: If an employee had multiple employers within the year, an income tax return must be filed at the end of the year. Statement 2: an employee had three employers, on succession, for each of the past three years, substituted filing of tax return is not allowed. a. Statements 1 & 2 are false b. Statement 1 is true but statement 2 is false c. Statement 1 is false but statement 2 is true d. Statements 1 and 2 are true Answer: B 230. Who of the following individual taxpayers may avail of substituted filing of Income Tax Return (ITR)? . Rianne: Deriving compensation income from ABC Company, his only employer for the taxable year. The correct amount of tax was withheld by ABC Company o o o He also derived interest income from his peso bank deposit in BPI and the sale of his shares in DEF Corporation (a closely-held domestic corporation) to Brian resulted to a gain of P100,000. Leomar: Deriving purely compensation income from XYZ Corporation, his only employer for the taxable year. The correct amount of tax was withheld by XYZ Leomar's spouse is engaged in business A B C D Rianne Yes Yes No No Leomar Yes No Yes No Answer: B 231. 1st statement: Taxable income from self-employment (business and profession) is reported on a quarterly and annual basis. 2nd statement: The quarterly income tax return shall be filed and the tax paid as follows: 1st Q not later than April 15, 2nd Q - not later than August 15, 3rd Q - not later than September 15. a. Statements 1 & 2 are false b. Statement 1 is true but statement 2 is false C. Statement 1 is false but statement 2 is true d. Statements 1 and 2 are true Answer: B 232. Pedro's income tax due for the year amounted to P80,000. He may elect to pay the tax due on installment as follows: a. In two equal installments b. 1st installment is payable upon filing the annual income tax return. c. 2nd installment is payable on or before October 15 following the close of the calendar year. d. All of the above Answer: D 233. 1st statement: If any installment payment of income tax is not paid on or before the date fixed for its payment, the whole amount of the unpaid tax becomes due and payable, together with the delinquency penalties to be reckoned from on the original date when the tax is required to be paid. 2nd statement: Installment payment of income is not allowed to selfemployed and/or professional who are availing the 8% income tax rate a. Statements 1 & 2 are false b. Statement 1 is true but statement 2 is false c. Statement 1 is false but statement 2 is true d. Statements 1 and 2 are true Answer: B