INDIVIDUAL TAXATION SCOPE Under the tax code the following are taxed as individuals Natural persons Taxable estates Taxable trusts Natural persons Resident citizen Resident alien Non-resident citizen Non-resident alien engaged in trade or business (NRA-ETB) Non-resident alien not engaged in trade or business (NRA-NETB) All natural persons other than NRA-NETB are required to file a return and are taxed in the same manner, except that resident citizens (RC) are taxed globally. NRA-NETB is taxed at 25% final tax on gross receipt. Taxable estates When an estate undergone a judicial settlement, the income of the estate from the time of death up to the settlement date shall be filed with BIR and register as individual taxpayer. Income of the estate from the time of death up to the settlement date under extra-judicial settlement accrues to the heirs. Income of the estate before the time of death accrues to the decedent and included in the gross estate, regardless of whether settled judicial or extra-judicial. Taxable trusts When the trust is irrevocable, the income of the property while held in trust shall be filed and registered as individual taxpayer. Income of property under revocable trust accrues to the grantor. CLASSIFICATION Purely compensation Purely business or profession Mixed income earner PURELY COMPENSATION Gross compensation income xx Less: Non-taxable income/benefits Taxable compensation income (xx) xx Gross compensation income All renumeration for services performed by an employee for his employee for his employer under an employer-employee relationship, unless specifically excluded by the code. The name by which the renumeration for services is designated is immaterial. In that case it, gross compensation income includes: Salaries Wages Emoluments and honoraria Allowances Commissions o Transportations, representations, entertainment, and the like Fees, including directors’ fees if the said director is employed by the said corporation. Taxable bonuses and fringe benefits, except fringe benefits of managerial and supervisory level employees subject to final tax. Allowable “de minimis benefits” Taxable pensions and retirement pay. Other income of similar nature Non-taxable income/benefits All exclusions from gross income listed by regulations that are included in the gross compensation income should be deducted to arrive at the taxable compensation income. Exclusions that are already excluded from gross income should not be included in the deduction (e.g., fringe benefits subject to final tax) These are the exclusions relating to compensation income: 13th month pay Christmas bonus Productivity incentives Other benefits such as productivity incentives and loyalty awards GSIS, SSS, Medicare and other contributions (employees share) Retirement benefits, pensions, gratuities etc. Gifts in cash or in kind or other benefits of similar nature Applies to all employees, official or rank and file. Also applies to all entities, government or private. Limit of Non-taxable income/benefits: 90,000 Considerations for minimum wage earners Minimum wage earners shall be exempt from the payment of income tax based on their statutory minimum wage rates. Exempt compensation of minimum wage earners: Basic pay Holiday pay Overtime pay Night shift differential pay Hazard pay Regardless of amount, aggregate or not, if the taxpayer is classified as minimum wage earner as determined by the statutory minimum rates as prescribed by DOLE, the following compensation income mentioned above shall be exempt. Note: All other compensation that is not listed above is taxable. Additional considerations Husband and wife shall compute their individual income tax separately based on their respective taxable income; if any income cannot be attributed to or identified as income exclusively earned or realized by either of the spouses, the same shall be divided equally between the spouses for the purposes of determining their respective taxable income (RR 8 2018) PURELY BUSINESS OR PROFESSION (SELF-EMPLOYED) Gross sales/receipt xx Less: cost of sales/services (xx) Gross income xx Less: operating expenses (xx) Taxable income xx