lOMoARcPSD|25024419 Taxation-on-Corporations Income Taxation (Ateneo de Davao University) Studocu is not sponsored or endorsed by any college or university Downloaded by Thria Erika Rodriguez (thriaerikarodriguez333@gmail.com) lOMoARcPSD|25024419 ULOC: TAXATION ON CORPORATION Metalanguage In this section, the most essential terms relevant to the study of curriculum and to demonstrate ULOc will be operationally defined to establish a common frame of reference as to how the texts work in your chosen field or career. You will encounter these terms as we go through the study of taxation. Please refer to these definitions in case you will encounter difficulty in the understanding educational concepts. 1. Corporation. An artificial being created by operation of law, having the right of succession and the powers, attributes and properties expressly authorized by law or incident to its existence. 2. Domestic Corporation. One incorporated under the laws of the Philippines. 2.1 Domestic Corporation, in general 2.2 Government-owned and controlled corporations. 2.3Taxable Partnerships 2.4Proprietary Educational Institutions 2.5 Non-profit Hospital 3. Foreign Corporation. One formed, organized, or exiting under any laws other than those of the Philippines 3.1 Resident. Those engaged in trade or business within the Philippines. 3.2 Non-resident. Those not engaged in trade or business within the Philippines. I. TAXATION OF CORPORATIONS 1.1. KINDS OF CORPORATE TAXPAYERS Corporation Domestic Corporation Foreign Corporation Resident Foreign Corporation Non-Resident Foreign Corporation Sources of Taxable Income Within Without √ √ √ √ Note: Just like in individual taxation, it is important to determine the source of income of corporate taxpayer- whether from within the Philippines or without- because not all corporate taxpayers are taxed on all their income, as illustrated above. 1.1.1. DOMESTIC CORPORATION (Sec. 27) 1.1.1.2 IN GENERAL Tax rates: Downloaded by Thria Erika Rodriguez (thriaerikarodriguez333@gmail.com) lOMoARcPSD|25024419 30% of taxable income from all sources within and without the PH; or Sales/Revenues/Receipts/Fees Less: Cost of sales/services Gross income from operations Add: Non-operating and taxable other income Total gross income Less: Deductions (Itemized or OSD) xxx Taxable income Multiply by tax rate Regular corporate income tax xxx 30% xxx 2% of gross income if MCIT applies; (See discussion and illustration later) Sales/Revenues/Receipts/Fees Less: Cost of sales/services Gross income from operations Add: Non-operating and taxable other income Total gross income Less: Deductions Itemized or OSD) Taxable income Multiply by tax rate Regular corporate income tax Minimum corporate income tax Tax due (whichever is higher) xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx 30% xxx xxx xxx 15% of gross income if the ratio of COGS to Gross sales/receipts does NOT exceed 55% and the ff. conditions are met: o Tax effort ratio of 20% GNP o Ratio of 40% of income tax collection to total tax revenues o VAT effort of 4% of GNP; and o 0.9% ratio of CPSFP to GNP Illustration 1: JEJAMNFLIG, a domestic corporation has the following data on its income and expenses for 2019. Gross income, Philippines P7,000,000 Gross income, USA 5,000,000 Business expenses, Philippines 2,000,000 Business expenses, USA 1,000,000 Royalties on Philippine copyrights 500,000 Interest on time deposit, PNB-Manila, Philippines 100,000 Payments, first three (3) quarters 100,000 Compute the taxable income and tax due Gross Business Income: Philippines P7, 000, 000 Downloaded by Thria Erika Rodriguez (thriaerikarodriguez333@gmail.com) lOMoARcPSD|25024419 United States 5, 000, 000 12, 000, 000 Less: Allowable Deductions Philippines 2, 000, 000 United States 1, 000, 000 3, 000, 000 Taxable Income P 9, 000, 000 Tax Due Multiply by tax rate: Tax Due Less: Payments, 3 quarters Tax Payable 9, 000, 000 _ 30% 2, 700, 000 100, 000 2, 600, 000 Notes: (1) Since the taxpayer is a domestic corporation, it is taxable on its income within and without the Philippines. (2) Interest on time deposit and Royalties were not included in the computation of taxable income because this two are passive income and therefore subject to separate final tax. (3) In computing for the total tax payable, any taxes paid in the previous quarters are deducted to the total annual tax due. Illustration 2: Jean Company opted to use Optional Standard Deduction (OSD) in computing its tax due. The following relates to its results of operations. Gross Sales Sales Return and Allowances Sales Discounts Cost of Sales Recorded Admin. & Selling ex. Dividend from domestic corp. 4, 000, 000 100, 000 50, 000 2, 500, 000 760, 000 50, 000 Compute the taxable income and tax due Gross Sales Less:Sales Return and Allowances Sales Discounts Net Sales Less: Cost of Sales 4, 000, 000 100, 000 50, 000 150, 000 3, 850, 000 2, 500, 000 Downloaded by Thria Erika Rodriguez (thriaerikarodriguez333@gmail.com) lOMoARcPSD|25024419 Gross Income Less: OSD (1, 350, 000 x 40%) Taxable Income Multiply by tax rate Tax due 1, 350, 000 540, 000 810, 000 30% 243, 000 Note Unlike in the computation of the taxable income under OSD for individual taxation, Cost of Sales is deducted to compute the gross income for corporate taxpayer. Optional Standard Deductions for Corporations (OSD) (RR No. 16-2008 as amended by RR No. 2-2010) Determination of the amount of OSD for domestic corporation and resident foreign corporation a) In the case of corporate taxpayers, the OSD allowed shall be in an amount not exceeding forty percent (40%) of their gross income. b) “Gross income” shall mean the gross sales less sales returns, discounts and allowances and cost of goods sold, unlike OSD in individual taxpayer. c) In the case of sellers of services, the term “gross income” means “gross receipts” less sales returns, allowances, discounts and cost of services. d) The items of gross income under Section 32 (A) of the Tax Code, as amended, which are required to be declared in the income tax return of the taxpayer for the taxable year are part of the gross income against which the OSD may be deducted in arriving at taxable income. Passive income which have been subjected to a final tax at source shall not form part of the gross income for purposes of computing the forty percent (40%) optional standard deduction. Illustration 3: Mia Corp., a domestic corporation opts to be taxed under the gross income taxation for the taxable year 2019. Its financial records show the following: Gross Sale Sales Returns and Allowances Sales Discounts Cos of Goods Sold Deductions P15, 000, 000 600, 000 450, 000 6, 750, 000 3, 375, 000 Compute for the gross income and the gross income tax. Downloaded by Thria Erika Rodriguez (thriaerikarodriguez333@gmail.com) lOMoARcPSD|25024419 (Step 1) Test whether the cost of goods sold ratio does not exceed 55% of the gross sales or receipts. (6, 750, 000/ 15, 000, 000) 45% (Step 2) Compute for the gross income and gross income tax. Gross Sales Less: Sales Returns and allowances 600, 000 Sales Discounts 450, 000 Net Sales Less: Cost of Goods Sold Gross Income Multiply by Gross Income Tax Due P15, 000, 000 1, 050, 000 13, 950, 000 6, 750, 000 7, 200, 000 15% P 1, 080, 000 Note: The gross income computation for purposes of gross income tax is the same in the case of Trading or Merchandising; and Manufacturing concerns But in the case of service business using cash basis, to arrive at a gross income, cost of service is no longer deducted to the gross receipts or net receipts. Illustration 4: For taxable year 2019, JJ Company providing massage services opts for gross income taxation and has the following data: Gross Receipts P11, 200, 000 Sales Returns and Allowances 300, 000 Sales Discounts 150, 000 Cos of Services 4, 450, 000 Deductions 2, 670, 000 Compute for the gross income and the gross income tax. (Step 1) Test whether the cost of goods sold ratio does not exceed 55% of the gross sales or receipts. (4, 450, 000/ 11, 200, 000) 44.20% (Step 2) Compute for the gross income and gross income tax. Gross Receipts Less: Sales Returns and allowances 300, 000 Sales Discounts 150, 000 P11, 200, 000 Downloaded by Thria Erika Rodriguez (thriaerikarodriguez333@gmail.com) 450, 000 lOMoARcPSD|25024419 Gross Income Multiply by Gross Income Tax Due 10, 750, 000 15% P 1, 612, 500 A. PROPRIETARY NON-PROFIT EDUCATIONAL INSTITUTION AND HOSPITAL Tax rate: 10% of taxable income except for passive income; or 30% on entire taxable income if gross income from unrelated trade or activities exceed 50% of the total gross income. Proprietary – private Non-profit – NO net income or asset accrues to any member or specific person. All net income or asset are devoted to the institution’s purposes and all its activities conducted not for profit. (CIR v St. Lukes 2012) Proprietary educational institution Refers to any private school maintained by private individuals with an issued permit from DECS or CHED or TESDA. Requisites to be entitled to reduced 10% corporate income tax: 1. Must be both proprietary and non-profit; 2. Income from unrelated activities must NOT exceed 50% of total gross income Unrelated trade, business or activity- means any trade, business or other activity, the conduct of which is not substantially related to the exercise or performance by such educational institution or hospital from its primary purpose or function. Illustration 4: Abakada University, a non-profit educational institution reported the following during the year: Gross Income Less: Deductions Net Income Related Activities 1, 700, 000 900, 000 800, 000 Unrelated Activities Total 1, 500, 000 3, 200, 000 1, 000, 000 1, 900, 000 500, 000 1, 300, 000 Compute for tax due. (Step 1) Predominance Test Downloaded by Thria Erika Rodriguez (thriaerikarodriguez333@gmail.com) lOMoARcPSD|25024419 (1,500, 000 / 3, 200, 000) 41.66% It is qualified to use 10% tax rate because the income from unrelated activities does not exceed 50% (Step 2) Compute for the tax due. Total taxable income Multiply by tax rate Tax due 1, 300, 000 10% 130, 000 Illustration 5: Romantic Doctor Hospital, a non-profit hospital institution reported the following during the year: Related Activities Unrelated Activities Total Gross Income 1, 600, 000 3, 500, 000 5, 100, 000 Less: Deductions 900, 000 1, 000, 000 1, 900, 000 Net Income 700, 000 2, 500, 000 3, 200, 000 (Step 1) Predominance Test (3,500, 000 / 5, 100, 000) 68.63% It is not qualified to use 10% tax rate because the income from unrelated activities exceeds 50%, therefore it will use 30% in computing its tax due (Step 2) Compute for the tax due. Total taxable income Multiply by tax rate Tax due 3, 200, 000 30% 960, 000 B. GOCCs, AGENCIES, INSTRUMENTALITIES Tax rate: 30% corporate income tax rate on taxable income Except: GSIS SSS PHIC LWD PASSIVE INCOME DOMESTIC CORPORATION Final Tax Rate Interest income on any current bank deposit, deposit substitute etc. 20% Downloaded by Thria Erika Rodriguez (thriaerikarodriguez333@gmail.com) lOMoARcPSD|25024419 Royalties of all types within Philippines Interest income on FCD Dividends received from another domestic corporation 20% 15% Exempt DEPOSITORY BANK Final Tax Rate Interest income on FCD from transaction with non-residents, Exempt OBUs, etc. Interest income on foreign currency loans granted to residents 10% other than OBUs CAPITAL GAINS SHARES OF STOCKS Tax Rate Sale of Shares of Stock not traded in the Stock CGT: 15% of the net Exchange capital gains Sale of Shares of Stock listed and traded in the Stock Stock transaction tax: Exchange 6/10 of 1% or 0.006% of GSP or Gross Value in money of shares of stock REAL PROPERTY(Lands and Buildings only) Tax Rate Sale of Real Property in the Philippines held as Capital CGT: 6% of GSP or CMV, Asset whichever is higher Sale made to Government or to GOCCs Taxpayer may choose either: 6% or Graduated Rates SALE OF REAL PROPERTIES HELD AS ORDINARY ASSETS RC, NRC, RA AND DC Creditable Withholding Tax Seller is habitually engaged in real estate business Selling price: Less than 500k – 1.5% 500k to 2M – 3% Above 2M – 5% of GSP or CMV, whichever is higher Seller is NOT habitually engaged in real estate 7.5% of GSP or CMV, business whichever is higher If seller is exempt from CWT Exempt Downloaded by Thria Erika Rodriguez (thriaerikarodriguez333@gmail.com) lOMoARcPSD|25024419 MINIMUM CORPORATE INCOME TAX (MCIT) – applicable to both DC and RFC MCIT is implemented on domestic and resident foreign corporations when: a. They have zero or negative taxable income; or b. MCIT is greater than the regular corporate income tax due. Beginning with the 4th year of operations, a DC and RFC is taxed by whichever is higher between: RCIT or normal tax of 30% of taxable income; or MCIT of 2% of gross income Illustration 6: A corporate taxpayer, operated on its 5th year of operation has the following data: Gross Sale Sales Returns and Allowances Sales Discounts Cos of Goods Sold Deductions Interest income from bank deposits Rental income from vacant premises P15, 000, 000 600, 000 450, 000 6, 750, 000 3, 375, 000 20, 000 60, 000 Compute for the Regular Corporate Income Tax (RCIT), Minimum Corporate Income Tax (MCIT) and Tax due. Regular Corporate Income Tax (RCIT) Gross Sales Less: Sales Returns and allowances 600, 000 Sales Discounts 450, 000 Net Sales Less: Cost of Goods Sold Gross Income from operations P15, 000, 000 Add: Other taxable income not subject to final tax Rental Income Total Gross Income Less: Deductions Taxable Income Multiply by Regular tax rate Regular Corporate Tax Downloaded by Thria Erika Rodriguez (thriaerikarodriguez333@gmail.com) 1, 050, 000 13, 950, 000 6, 750, 000 7, 200, 000 60, 000 7, 260, 000 3, 375, 000 3, 885, 000 30% 1, 165, 500 lOMoARcPSD|25024419 The interest income is not included because it is subject to final tax. Minimum Corporate Income Tax (MCIT) Gross Sales Less: Sales Returns and allowances 600, 000 Sales Discounts 450, 000 Net Sales Less: Cost of Goods Sold Gross Income from operations Add: Other taxable income not subject to final tax Rental Income Total Gross Income Multiply by MCIT rate Minimum Corporate Income Tax P15, 000, 000 1, 050, 000 13, 950, 000 6, 750, 000 7, 200, 000 60, 000 7, 260, 000 2% 145, 200 Tax due Regular Corporate Income Tax (RCIT) Minimum Corporate Income Tax (MCIT) 1, 165, 500 145, 200 Tax due is higher between RCIT or MCIT, therefore tax due is 1, 165, 500. Any excess of the MCIT over the normal tax of a year shall be carried forward and credited against the normal tax for the 3 immediately succeeding taxable years. Hence, compute both MCIT and RCIT first; then apply whichever is higher: MCIT (2% on GI) RCIT (30% on TI) Tax payable Excess MCIT Year 4 200 100 200 (100) Year 5 400 200 400 Y4(100) Y5(200) Year 6 100 300 0 0 Year 7 100 200 200 0 Relief from MCIT Secretary of Finance may suspend imposition of MCIT when a corporation suffers losses on account of: 1. Prolonged labor dispute 2. Force majeure Downloaded by Thria Erika Rodriguez (thriaerikarodriguez333@gmail.com) lOMoARcPSD|25024419 3. Legitimate business reverses Entities exempted from MCIT: a. RFC engaged in international carriers b. RFC engaged in OBU c. ROHQ d. Firms taxed under special income tax regime (i.e. those under PEZA) e. Proprietary Non-profit Educational Institution f. Non-profit hospitals g. Depositary banks under FCDS h. Real Estate Investment Trusts i. NRFC 1.1.2 RESIDENT FOREIGN CORPORATION (RFC) (Sec. 28A) IN GENERAL Tax rates: 30% of Taxable Income from all sources within the PH; 2% of Gross Income, if MCIT applies. **TRAIN Law did NOT amend Sec. 28 of NIRC which covers both RFC and NRFC. Tax rates from old code applies. Illustration 7: JEJAMNFLIG, a resident foreign corporation has the following data on its income and expenses for 2019. Gross income, Philippines Gross income, USA Business expenses, Philippines Business expenses, USA Royalties on Philippine copyrights Interest on time deposit, PNB-Manila, Philippines Payments in the PHI, first three (3) quarters P7,000,000 5,000,000 2,000,000 1,000,000 500,000 100,000 100,000 Compute the taxable income and tax due Gross Business Income: Less: Allowable Deductions Taxable Income Taxable Income Multiply by tax rate: Tax Due Less: Payments, 3 quarters Philippines Philippines P7, 000, 000 2 , 000, 000 P 5, 000, 000 5, 000, 000 _ 30% 1, 500, 000 100, 000 Downloaded by Thria Erika Rodriguez (thriaerikarodriguez333@gmail.com) lOMoARcPSD|25024419 Tax Payable 1, 400, 000 Note: Since tha tax payer is a resident foreign corporation, therefore it is taxable on their income only within the Philippines and is allowed to deduct business expenses. PASSIVE INCOME RFC Final Tax Rate Interest income from deposits and yield from deposit subs, trust 20% funds, similar arrangements Royalties of all types within Philippines 20% Interest income from FCD 7.5% Intercorporate dividends from domestic corporation Exempt DEPOSITORY BANK Final Tax Rate Interest income on FCD from transaction with non-residents, Exempt OBUs, etc. Interest income on foreign currency loans granted to residents 10% other than OBUs CAPITAL GAINS Sale of shares of stock not traded in the Stock Not over 100k – 5% Exchange Over 100k – 10% Sale of real property held as capital 30% - since there is no provision for capital gains on sale of realty. INTERNATIONAL CARRIER Tax rate: 2.5% of Gross Philippine billings. Gross Philippine billings Gross revenue derived from carriage of persons, excess baggage, cargo, and mail; Originating from Philippines in a continuous and uninterrupted flight; Irrespective of place of sale and payment of ticket or passage documents. Passenger flights from any point in the Philippines and back The portion of revenue pertaining to the return trip to the Philippines is NOT included in the GPB. (RR 15-2002) OFF-SHORE BANKING UNITS Income from foreign currency transactions with non-residents, Exempt other OBU, local commercial banks, etc. Interest income from foreign currency loans granted to residents, Final tax rate of other than OBU or local commercial banks 10% Downloaded by Thria Erika Rodriguez (thriaerikarodriguez333@gmail.com) lOMoARcPSD|25024419 OBU – a branch of a foreign bank authorized by BSP to transact offshore banking business in the Philippines. FOREIGN CURRENCY DEPOSIT Tax Rate on Interest Income from FCD Interest income received by RC, RA, and DC Interest income received by NRC, OCW, and NRA Interest income received by RFC Bank account in joint names of an OCW and spouse Final tax 15% Exempt Final tax 7.5% 50% exempt and 50% subject to 15% final tax. BRANCH PROFIT REMITTANCES Tax rate: 15% of total profits applied or earmarked for remittance to the head office without any deduction for the tax component. Except: those registered within PEZA NOT treated as branch profits: Passive income (interest, royalties, rents, and dividends) Remuneration for technical services Salaries and wages Premiums, annuities, emoluments and other periodic or casual gains, profits, income, and capital gains Except if the above are connected with the conduct of a foreign corporation’s trade or business in the Philippines. RAHQs and ROHQs Tax rates: 1. RAHQ – exempt 2. ROHQ – 10% on taxable income RAHQ – branch established by multi-national companies and which headquarters do NOT derive income from the Philippines and merely acts as supervisory, communications, and coordinating center for their affiliates and subsidiaries. ROHQ – branch established by multi-national companies engaged in any of the ff. General admin and business planning Sourcing and procurement of materials Corporate finance advisory services Marketing Training Logistics Downloaded by Thria Erika Rodriguez (thriaerikarodriguez333@gmail.com) lOMoARcPSD|25024419 R&D and Product development Tech support and maintenance Data processing and communications Business development MCIT Same with DC. 1.1.3 NON-RESIDENT FOREIGN CORPORATION (NRFC) (Sec. 28B) IN GENERAL Tax rate: 30% on Gross Income. Foreign corporation that transacts business in the Philippines independently of its branch in the country, the principal-agent relationship is set aside. The foreign corporation is considered a non-resident foreign corporation for that isolated and independent transaction. (Marubeni v CIR) Illustration 8: JEJAMNFLIG, a non resident foreign corporation has the following data on its income and expenses for 2019. Gross income, Philippines Gross income, USA Business expenses, Philippines Business expenses, USA Royalties on Philippine copyrights Interest on time deposit, PNB-Manila, Philippines P7,000,000 5,000,000 2,000,000 1,000,000 500,000 100,000 Compute the taxable income and tax due Taxable Income Multiply by tax rate Tax due 7, 000, 000 30% 2, 100, 000 *Royalties and Interest in deposits are subject to final tax. Note: Since the taxpayer is a non resident foreign corporation, it is only taxable only to its income within the Philippines but is not allowed to deduct business expenses. Engaged in trade or business Business transactions must be continuous. (Royal Interocean Lines v CIR) PASSIVE INCOME Downloaded by Thria Erika Rodriguez (thriaerikarodriguez333@gmail.com) lOMoARcPSD|25024419 NRFC Interest on foreign loans Intercorporate dividends received from domestic corporation Final Tax Rate 20% 15% subject to the condition that the domicile country of NRFC allows a 15% tax credit due to NRFC taxes deemed paid in the Philippines. Otherwise, dividends will be taxed at 30% RCIT. If the domicile of the NRFC does NOT impose any tax on dividends received from foreign sources, preferential tax rate of 15% on intercorporate dividends will apply. (BIR Ruling DA-145-07) CAPITAL GAINS Sale of shares of stock not traded in the Not over 100k – 5% of net capital gains Over 100k – 10% of net capital gains Local Stock Exchange Sale of real property in the Philippines 30% held as capital asset SPECIAL CORPORATIONS Non-resident cinematographic film owner, lessor, or distributor Non-resident owner or lessor of vessels chartered by PH nationals Non-resident owner or lessor of aircraft, machineries and other equipments Proprietary non-profit educational institution and hospitals Resident international carriers ROHQ RAHQ Domestic and Resident Foreign depository banks (FCDU) Off-shore Banking Units 25% of gross income from all sources within the Philippines 4.5% of gross rentals from leases to Filipinos 7.5% of gross rentals or fees 10% of Taxable Income 2.5% of Gross Philippine Billings 10% of PH Taxable Income Exempt Interest income from foreign currency transactions with non-residents – Exempt Interest income on foreign currency transactions granted to residents other than OBUs – 10% Final tax Income from foreign currency transactions with non-residents, other OBUs, or local commercial banks, etc. – Exempt Income from foreign currency loans granted to residents, other than OBUs and local commercial banks – 10% final tax Downloaded by Thria Erika Rodriguez (thriaerikarodriguez333@gmail.com) lOMoARcPSD|25024419 **NOMCIT for Special Corporations. 1.2 IMPROPERLY ACCUMULATED EARNINGS TAX (IAET) (Sec. 29) Tax rate: 10% of the Improperly Accumulated Taxable Income Improperly accumulated taxable income – earnings or profits accumulated beyond the reasonable needs of the business. (Read Sec. 29 D) Immediacy test Reasonable needs means thee immediate needs of the business including reasonably anticipated needs. Reasonable: 100%-EIR-LID Accumulated earnings up to 100% of the paid-up capital Earnings reserved for expansion, improvement, and repairs approved by the BOD Earnings reserved for compliancy with any loan obligation under a legitimate business agreement (debt retirement) Earnings required by law to be retained. In case of subsidiaries of foreign corporations – undistributed earnings reserved for investments in the Philippines Who are covered: All domestic corporations classified as closely-held corporations. Closely-held corporation – one where at least 50% of OCS or at least 50% of total voting shares is owned, directly or indirectly, by not more than 20 individuals. NOT applicable to: (PBI) Publicly-held corporations; Banks and other nonbank financial intermediaries; and Insurance companies Enterprises registered with PEZA, BCDA, or with other special economic zones (RR 2-2001) Taxable partnerships GPP Non-taxable joint ventures 1.3 TAX-EXEMPT CORPORATIONS and CORPORATE RETURNS Downloaded by Thria Erika Rodriguez (thriaerikarodriguez333@gmail.com) lOMoARcPSD|25024419 a. Filing of quarterly and final or adjustment return b. Non-resident foreign corporations c.Who shall file the corporate return? d.Corporate declarations and returns e. Final adjustment return f. Sum of quarterly payments not equal to the total tax due for the year g. Corporation is entitled to tax refund or credit Every corporation subject to tax shall render, in duplicate a true and accurate quarterly return and final or adjustment return. Corporations not engaged in trade or business in the Philippines (NRFC) shall not be required to file income tax return. 1) President; 3) Other principal officers. 2) Vice – President; or The return shall be sworn to by above officer and by the Treasurer or Assistant Treasurer. Declaration of quarterly corporate income tax on a cumulative basis not later than 60 days from the close of each of the first three quarters of the taxable year, whether, calendar or fiscal year. The tax so computed shall be decreased by the amount of tax previously paid or assessed during the preceding quarters. Covers the total taxable income for the preceding calendar or fiscal year filed on or before 15th day of the 4th month following the close of the taxable year. If the sum of the quarterly tax payments made during the taxable year is not equal to the total tax due on the entire taxable income of that year, the corporation shall either pay the balance of tax still due, or carry over the excess credit, or be credited or refunded with the excess amount paid. 1) In case the corporation is entitled to a tax refund or credit of the excess estimated quarterly income taxes paid, the excess amount shown on its final adjustment return may be carried over and credited against the estimated quarterly income tax Downloaded by Thria Erika Rodriguez (thriaerikarodriguez333@gmail.com) lOMoARcPSD|25024419 h. Filing of the return i. Payment of the income tax liabilities for the taxable quarters of the succeeding taxable years. 2) Once the option to carry-over has been made, such option shall be considered irrevocable for that taxable period. The quarterly income tax declaration and the final adjustment shall be filed with: 1) Authorized agent banks, or 2) Revenue District Office, or 3) Collection Agent, or Duly authorized Treasurer of the city or municipality having jurisdiction over the location of the principal office of the corporation filing the return or place where the main books of accounts and other data from which the return is prepared are kept. The income tax due shall be paid at the time the declaration or return is filed. Sec. 30 Exemption from Tax on Corporation. – The following organizations shall not be taxed in respect to income received by them as such: (A) Labor, agricultural or horticultural organizations not organized principally for profits; (B) Mutual savings bank not having a capital stock represented by shares, and cooperative bank without capital stock, organized and operated for mutual purposes and without profit; (C) A beneficiary society, order or association, operating for the exclusive benefit of the members such as fraternal organization operating under the lodge system, or a mutual aid association or a non-stock corporation organized by employees providing for the payment of life, sickness, or other benefits exclusively to the members of such society, order, or association, or non-stock corporations or their dependents; (D) Cemetery company owned and operated exclusively for the benefit of its members; (E) Non-stock corporation or association organized and operated exclusively for religious, charitable, scientific, athletic, or cultural purposes, or rehabilitation of veterans, no part of its net income or asset shall belong or inure to the benefit of any member, organizer, officer or any specific person; Downloaded by Thria Erika Rodriguez (thriaerikarodriguez333@gmail.com) lOMoARcPSD|25024419 (F) Business league, chamber of commerce, or board of trade, not organized for profit and no part of the net income of which inures to the benefit of any private stockholder or individual; (G) Civic league or organization not organized for profit but operated exclusively for the promotion of social welfare; (H) A non-stock nonprofit educational institution; (I) Government educational institution; (J) Farmers or other mutual typhoon or fire insurance company, mutual ditch or irrigation company, mutual or cooperative telephone company, or like organizations of a purely local character, the income of which consists solely of assessments, dues, and fees collected from members for the sole purpose of meeting its expenses; and (K) Farmers, fruit growers, or like association organized and operated as a sales agent for the purpose of marketing the products of its members and turning back to them the proceeds of sales, less the necessary selling expenses on the basis of the quantity of produce finished by them. Note: Notwithstanding the provisions in the preceding paragraphs, the income of whatever kind and character of the foregoing organizations from any of their properties, real or personal or from any of their activities conducted for profit regardless of the disposition made of such income, shall be subject to corporation tax. Self Help: You can also refer to the sources below to help you further understand the lesson. Ballada, W., & Ballada, S. (2019). Income taxation: made easy (17th ed.). Philippines: DomDane Publishers & Made Easy Books. Valencia, E., & Roxas, G. (2016). Income taxation: Principles and laws with accounting application. Baguio: Valencia Educational Supply. Ampongan, O. (2015). CPA Reviewer in taxation. Manila: Conanan Educational Supply. Let’s Check Activity 1. Now that you have understood matters regarding Corporate Taxation, let us try to check your understanding. Determine whether the statement is True or False. 1. Foreign corporation, whether engaged in business in the Philippines or not, is taxable on income derived from sources within and without the Philippines. Downloaded by Thria Erika Rodriguez (thriaerikarodriguez333@gmail.com) lOMoARcPSD|25024419 2. Domestic, resident foreign and non-resident foreign corporations may deduct from their business income, itemized deductions under the Tax Code. 3. Non-resident foreign corporation receives the same tax treatment as domestic and resident foreign corporations with regard to capital gains from sale of shares of stock not traded in a stock exchange. 4. The 10% on the taxable income of a proprietary educational institution and nonprofit hospital is absolute. 5. Subject to provisions of existing special laws or general laws, all corporations, agencies, or instrumentalities owned or controlled by the government shall pay such rate of tax upon their taxable income as are imposed by the Code upon corporations or associations engaged in a similar business, industry or activity. 6. Non-resident cinematographic film owner, lessor or distributor is taxed and 15% of gross income. 7. International carrier and international shipper doing business in the Philippines shall pay a tax of 10% on its gross Philippines billings. 8. Every corporation shall file in duplicate a quarterly summary declaration of its gross income and deductions on a cumulative basis for the preceding quarter or quarters upon which the income tax shall be levied, collected and paid. 9. If the gross income from the unrelated trade, business other activity of proprietary educational institution or non-profit hospital exceeds 50% of the total gross income derived from all sources, the tax prescribed under Section 27(A) shall be imposed on the entire taxable income. 10. Domestic corporation is created or organized under Philippine laws. Let’s Analyze Activity 1. Getting acquainted with the essential terms in the study of corporate taxation is not enough, what also matters is you should also be able to explain its concepts. Now, I will require you to explain thoroughly your answers. 1. Explain the extent of tax liabilities of the different corporate taxpayers. _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ 2. Differentiate the computation of Optional Standard Deduction (OSD) under individual taxpayer and corporate taxpayer. _________________________________________________________________________ Downloaded by Thria Erika Rodriguez (thriaerikarodriguez333@gmail.com) lOMoARcPSD|25024419 _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ 3. When can a corporate taxpayer be taxed under Minimum Corporate Income Tax (MCIT)? _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ 4. Why does Improperly Accumulated Earnings Tax being imposed? _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Activity 2. Answer the given problems. 1. Mr. ABC Company had the following data in 2019: Philippines Gross Income from Sales 4, 000, 000 Business Expenses 2, 000, 000 Rent Income 1, 000, 000 Dividend- Domestic 50, 000 Royalties 80, 000 Abroad 6, 000, 000 3, 600, 000 1, 200, 000 - Compute for the following: a. Taxable income and Tax due a. Domestic Corporation b. Resident Foreign Corporation c. Non-Resident Foreign Corporation b. Final tax if the taxpayer is a Domestic Corporation. Downloaded by Thria Erika Rodriguez (thriaerikarodriguez333@gmail.com) lOMoARcPSD|25024419 2. Brighter Minds College, a private educational corporation, has the following financial data for the year 2019: Income from tuition fees Other income derived from School activities Rental income from commercial spaces Located outside the school Business expenses allowed as deductions P6,000,000 3,000,000 2,000,000 5,000,000 Compute for the following: a. How much is the income tax due of the corporation? b. If aside from the above income and expenses, the school also owns a dormitory and earned gross income of P 7,500.000 and incurred related expenses of P2,000,000, the income tax due of the corporation is 3. In 2018, the company’s fourth year of operations, Forever Inc., a domestic corporation has the following financial data: Business Expenses Minimum Corporate Income Tax (MCIT) 975, 000 25, 000 Compute for the following: a. Gross Income b. Normal tax taxable income c. Income tax due 4. In 2018, Corona Inc., a resident foreign corporation, was on its sixth year of operation. The following data pertain to its operation in the Philippines for the years 2018 and 2019: Gross profit from sales Business Expenses 2018 1, 620, 000 730, 000 2019 1, 720, 000 850, 000 Compute for the following: a. Normal Income tax for 2018 b. Income tax due for 2018 c. Normal Income tax for 2019 d. Income tax due for 2019 5. For the taxable year 2019, the company’s sixth year of operations, the records of Magic Power Corporation., a domestic corporation, show the following: Downloaded by Thria Erika Rodriguez (thriaerikarodriguez333@gmail.com) lOMoARcPSD|25024419 Gross sales Sales returns & allowances Sales discounts Cost of goods manufactured and sold Operating expenses Interest from Philippines savings Royalty income Capital gain (sale of shares) 5,000,000 20,000 225,000 1,500,000 980,000 3,000,000 1,000,000 500,000 Answer the following: a. b. c. d. e. f. The gross income at the end of the taxable year 2019 is? What is the minimum corporate income tax due of Magic Power Corp. for 2019? How much is the normal tax? How much is the tax due? If Magic Power Corporation opted to used for year 2019 the gross income taxation, what is the income tax due for 2019: Total passive income. In a Nutshell Activity 1. The study of the individual taxation is indeed pre-requisite to understand more in depth topics in taxation. It is a very complicated and highly scientific document which requires content and teaching expertise including knowledge outside the classroom and school. Based from the discussion of the individual taxation and the learning exercises that you have done, please feel free to write your arguments or lessons learned below 1. ___________________________________________________________________ ___________________________________________________________________ __________________________________________________________ 2. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 3. ___________________________________________________________________ ___________________________________________________________________ __________________________________________________________ 4. ___________________________________________________________________ Downloaded by Thria Erika Rodriguez (thriaerikarodriguez333@gmail.com) lOMoARcPSD|25024419 ___________________________________________________________________ __________________________________________________________ 5. ___________________________________________________________________ ___________________________________________________________________ __________________________________________________________ 6. ___________________________________________________________________ ___________________________________________________________________ __________________________________________________________ 7. ___________________________________________________________________ ___________________________________________________________________ __________________________________________________________ 8. ___________________________________________________________________ ___________________________________________________________________ __________________________________________________________ 9. ___________________________________________________________________ ___________________________________________________________________ __________________________________________________________ 10. ___________________________________________________________________ ___________________________________________________________________ __________________________________________________________ Q and A In this section you are going to list what boggles you in this unit. You may indicate your questions but noting you have to indicate the answers after your questions is being raised and clarified. You can write your questions below: Questions/ Issues Answers 1. 2. 3. 4. 5. Downloaded by Thria Erika Rodriguez (thriaerikarodriguez333@gmail.com) lOMoARcPSD|25024419 Keywords Corporation Domestic Corporation Foreign Corporation Government-owned and controlled corporations. Non-profit Hospital Non-resident Foreign Corporation Proprietary Educational Institutions Resident Foreign Corporation Taxable Partnerships Downloaded by Thria Erika Rodriguez (thriaerikarodriguez333@gmail.com)