Itemized Deductions from Gross Income 1. Interest expense Requisites for deduction of interest expense 1) There must be valid indebtedness. 2) The indebtedness must be that of the taxpayer. 3) The indebtedness must be connected with the taxpayer’s trade, business or exercise of profession. 4) Interest expense must have been paid or incurred during the taxable year. 5) Interest must have been stipulated in writing. 6) Interest must be legally due. 7) Interest payments must not between related taxpayers. 8) Interest must not be incurred to finance petroleum operations. 9) In case of interest incurred in the acquisition of property, used in trade, business, or profession, the same is not treated as a capital expenditure. 10) The interest is not expressly disallowed by law to be deducted from gross income of the taxpayer. 2. Taxes Taxes paid or incurred within the taxable year in connection with the taxpayer’s trade, business, or exercise of profession shall be allowed as deduction except: 1. Philippine income taxes except fringe benefit tax a. Final income tax b. Capital gains tax c. Regular income tax 2. Foreign income tax, if claimed as tax credit 3. Estate tax and donor’s tax 4. Special assessment Other non-deductible taxes 1. Business taxes, in particular the Value added tax (VAT) 2. Surcharges or penalties on delinquent taxes. Examples of deductible taxes 1. Percentage tax 2. Excise tax 3. Documentary stamp tax 4. Occupational tax 5. License tax 6. Fringe benefit tax 7. Local taxes except special assessment 8. Community tax 9. Municipal tax 10. Foreign income tax if not claimed as tax credit 3. Losses Requisites for deduction of bad debts 1. It must be incurred in trade, profession, or business of the taxpayer (it must be a business loss) 2. It must pertain to property connected with the trade, business or profession, if the loss arises from fires, storms, shipwrecks, or other casualties, or from robbery, theft, or embezzlement (the loss must be an ordinary loss) 3. The loss must not be compensated by insurance or indemnity contract. (The loss must be actually sustained, not temporary) 4. A declaration of loss must have been filed by the taxpayer within 45 days from the date of discovery of the casualty or robbery, theft or embezzlement giving rise to the loss. 5. The loss must not have been claimed as deduction for estate tax purposes in the estate tax return. (Double deduction is not allowed) 4. Bad debts Requisites for deduction of bad debts 1. The debt must have been ascertained to be worthless. 2. It must be charged off within the taxable year. 3. It must be connected with the taxpayer’s profession, trade or business. 4. The taxpayer must be under the accrual basis of accounting. 5. It must not be incurred from a related party. 5. Depreciation Allowed Methods: - Straight line method Declining balance method SYD method Other methods prescribed by the Secretary of Finance through the CIR 6. Depletion - Used in wasting assets (non-renewable) such as in mining or petroleum businesses. - Output method: a depletion will occur for each output. - Will be considered as expenses 7. Charitable and other contributions 1. Donee is a domestic institution. 2. No income of the done must inure to benefit of a private party. 3. Contribution = Tax basis of donation 4. Taxpayer is engaged in business. 5. Donee issues BIR Form 2322 with statement of values of the donor. 6. P50,000 or more worth of donation, filing a notice of donation within 30 days from receipt of BIR Form 2322 8. Contributions to pension and trust 1. Employer have an established pension or retirement fund 2. Actuarial assumptions are sound and reasonable 3. Employer funded 4. Independent and beyond control of employer 5. Current service cost in full 6. Past service cost amortized over a 10-year period 9. Research and development costs Related to Capital Accounts - Capitalized and depreciated. Not Related to Capital Accounts - Expensed outright. - Deferred expense not less than 60 months 10. Other ordinary and necessary trade, business, or professional expenses 1. Salaries and allowances 2. Fringe benefits 3. SSS, GSIS, PHIC, HDMF, and other contributions 4. Commissions 5. Outsourced services 6. Advertisements 7. Rentals 8. Insurance 9. Royalties 10. Repairs and maintenance 11. Entertainment, amusement, and recreation expenses (Goods 0.5% and Services 1% of Net Sales) 12. Transportation and travel 13. Fuel and oil 14. Communication, light, and water 15. Supplies 16. Miscellaneous Special Allowable Deductions - - - - - - - Special Expenses under NIRC and Special Laws a. Income distribution from a taxable estate or trust Income received by beneficiary or heir are deductible against gross income of trust or estate. b. Transfer to reserve fund and payments to policies and annuity contracts of insurance companies 40% required based on gross premiums, less returns and cancellations for risks within one year and any other additional. Insurance companies are required to maintain a reserve fund of 40%, this amount will be considered as deductible even if it exceeds 40% c. Dividend distribution of a Real Estate Investment Trust 90% of distributable income, be distributed. d. Transfer of reserves funds of taxable cooperatives Generally, cooperatives are exempt. Unrelated activities’ income is subject to tax. Amount transferred to reserve fund out of net surplus from unrelated activities is a deduction against gross income. e. Discount to senior citizens Senior Citizens Act of 2003 20% of gross sales to senior citizens are claimable as special deduction. f. Discount to PWDs 20% of gross sales to persons with disabilities are claimable as special deduction. Deduction incentives under Special Laws g. Additional compensation expense for Senior Citizen employees - 15% of total amount paid as salaries to senior citizens. Requisites: - Employment for at least six months - Annual taxable income of senior citizen does not exceed poverty level (determined by DOLE, NEDA?) h. Additional compensation expense for PWD employees - 25% of total amount paid as salaries to persons with disabilities. Requisites: - Proof of employment presented to DOLE. - PWD employee is accredited with DOLE and DOH as to disability, skills, and qualifications. i. Cost of facilities improvements for PWDs - 50% of direct costs of improvements of modifications Additional training expense under Jewelry Industry Development Act - 50% of expenses incurred in training schemes approved by TESDA. - Under Bayanihan Act, 3 years became 5 years, but we consider 3 years under NIRC - Income is not exempt - No substantial change j. - k. Additional training expense under internship program (CREATE law) 50% Should be under internship/apprenticeship program Should be TESDA/CHED certified Intern should be enrolled in a public school Should not exceed 10% of direct labor wage So,,,,, 50% vs 10%, whichever is lower l. - Additional contribution expense under Adopt-a-School Program 50% of contribution of adopting entity for the Adopta-School Program Actual contribution or MOA whichever is lower: Cash Personal property Consumable goods Services Real property m. Additional deductions for compliance to rooming-in and breast-feeding practices - Additional 100% of the total amount incurred. - Net of proceeds of collection from usage of facilities, if any n. Additional free legal assistance expense - Available for lawyers - 10% of gross income derived from actual performance of the legal profession or the value of pro-bono cases whichever is lower. - Mandatory 60hrs for lawyers is not included o. Additional productivity incentive bonus expense - 50% of total productivity bonuses given to employees - 50% rank and file employee training and special studies costs with institutions accredited by TESDA. Net Operating Loss Carry Over (NOLCO) - 3 consecutive years validity according to NIRC - FIFO ang basis ng pag apply ng loss, pero if di parin naubos within 3 years, then mag eexpire na Optional Standard Deduction - Individual: 40% of gross sales/receipts/revenue - Corporation: 40% of gross income