TAX Q1: UNIT 1 1. Which type of the double taxation is not expressly prohibited by the 1987 constitution of the public at the Philippines? Both indirect and direct double taxation 2. When the House and Senate version of a tax bill has difference what/who will reconcile the difference? The bicameral conference committee 3. Subject to inherit and constitutional limitations, the following are the general characteristic of the power of taxation, except? Limited 4. Statement I: income of religious from their ordinary activities are exempted from taxes Statement II: due to the separation of church and state taxes cannot be use for the establishment of Cathedral both statements are true 5. The Marshall doctrine justifies: the use of taxation as an implement of police power 6. A is a resident citizen, B is a non-resident citizen, while C is a resident alien. Who among them is subject to income tax only on income derived from sources outside the Philippines? Neither a, b or c residents 7. Tax fix amount and imposed among all persons residing within a specified territory without regard to their property or occupation may be engage to? Personal tax 8. What is the nature of tax laws? It is criminal in nature 9. In case of conflict between the tax code and the Philippine accounting standards or PFRS? Tax code shall prevail over PAS/PFRS 10. Requires that all subjects or objects of taxation similarly situated are to be treated alike or put on equal footing both in privileges and liabilities? Uniformity 11. Under credible withholding tax system which of the following statements is correct? The recipient of the income is no longer required to file an income tax return as prescribed under the tax code 12. Tax as distinguished rom license fee? Non-payment does not necessarily render the business illegal 13. Which of the following is the effect of the principle of international comity in taxation? Foreign government cannot collect taxes from the Philippine government 14. Which of the following statement is true? There is imprisonment for nonpayment of taxes nonpayment of debt but there is no imprisonment for 15. Which stage of taxation will the executive department be involved with? Collection 16. Statement I: the power of Taxation must first be expressly granted either by law or by constitution before the state may validly exercise it Statement II: the Philippine government may subject the land where embassies of foreign governments are located to real property taxes. Both statements are false 17. Which of the following taxes is properly classified as indirect tax? Value added tax 18. Section 244 of the tax code provides that shall promulgate all needful rules and regulation for the effective enforcement of provision of NIRC. The secretary of finance up on the recommendation of the commissioner of internal revenue 19. Statement I: the power to impose tariffs is exercise by the president and by the Congress Statement II: the power to tax can be delegated to local government units Only statement II is true 20. ABC corporation is a resident foreign corporation. Which of the following items of income is not subject to tax? I. income from Philippine operations II. income from American operations II ONLY 21. Income is considered realize for tax purposes when: The earning process is complete or virtually complete and an exchange has taken place 22. The house of representatives is composed of 300 district and party list representatives. 200 attended the session dated June 5, 2020 on that particular session, house bill no. 3902, which override the veto power of the president, was voted upon. How many votes are required to pass the bill? 200 votes 23. Taxes must be proportionate, this means that: the tax to be imposed must be based on the ability of the ta payer to pay 24. Philippine government recently passed RA 14023 otherwise known as bardagulan to heal as one act, which penalized among others, violation of community quarantine rules in light of the prevailing pandemic. this is an example of exercise of government of which inherent power? Police power 25. A company insured the life of its president for 2 million a total of 500,000 premiums was paid by the company before the president died. the total proceeds were collected by the company. how much is the return on capital? 0 26. Which of the following constitutional rights is mainly violated by a tax law and enacted for whereby it’s proceeds will be used to rehabilitate private corporation under financial distress? Right to due process 27. A lease her land to B for 2 years beginning July 1, 2020. B would pay a monthly rental of 100,000. she paid rent up to October 2020 and then defaulted for the rest of the year. under accrual method, how much was the income of A for 2020? 600K 28. Which of the following would most probably be allowed to use fiscal year in reporting income? DEF company engage in selling computer software 29. The following is incorrect description of taxation? Supreme and absolute power of the state 30. All sources of exemption or exclusion to income tax, except? Local ordinances 31. In 2020, A earned 500,000 as income from his barbershop and received 300,000 as a Christmas gift from her aunt. he had no other receipts during the year. his gross income for 2020 is? 500,000 32. Who is the current department of finance secretary? Carlos Dominguez III 33. ABC corporation is a domestic corporation, which of the following items of income is subjected to tax? I. gain from sale of the personal property of the Philippines II. gain from sale of personal property in South Korea BOTH II & I 34. Statement I: The constitution prohibits that taxes must be paid in any other form than money Statement II: the bureau of internal revenue may accept real property as a way of compliance of one tax’s obligations Both statement are false 35. Who has the authority to veto the taxation bills passed by the Congress? President TAX Q2: UNIT 2 1. Which of the following is exempt from income tax for resident citizen taxpayer? PCSO winnings amounting to 6,000 2. Generally which of the following types of income is subject to final withholding tax? Passive income 3. Which of the following types of income is no longer required to be reported in the income tax return? Income already subjected to final withholding tax 4. Which of the following prizes is subjected to regular income tax? Prizes received by a domestic corporation 100,000 5. Which of the following is/are subject to final income tax? I. Dividends received by a resident citizen from a domestic corporation II. dividends received by a resident citizen from a resident foreign incorporation III. dividends received by resident for incorporation from resident foreign incorporation I AND III ONLY 6. Interest income from depository banks under the foreign currency deposit system earned by a resident for incorporation is? Subject to final withholding tax of 15% 7. Which cash dividends is subject to final tax? Cash dividends from domestic corporation to non-resident for incorporation 8. Which of the following statement is incorrect? lotto winning in foreign countries are exempted from income tax in the Philippines 9. Which of the following interest income derived within the Philippines is subject to basic income tax? Interest income from Loans 10. Which of the following statements is correct? Interest income on bank deposit or investment with maturity. Interest income on bank deposit or investment with maturity of at least five years is exempt from income tax 11. An instrument with the maturity of 10 years was held by A (resident citizen) for 2 years and was transferred to B (resident alien) who in turn had it for 8 years. the final withholding tax should be as follows: I. A: 20% final tax II. B: exempt Both are true 12. A, Resident citizen receive the PCSO winnings in 2021 amount in 10,000 what type of income tax will apply? Exempt 13. I. All royalty income derived from sources within the Philippines are subject to final withholding tax II. All royalty income derived from sources outside the Philippines received by resident citizen are subject to regular income tax ONLY statement II is true 14. Which of the following sale transaction will be subject to capital gains tax? Sale of shares of stock not through the local stock exchange by a person who is not a dealer in securities 15. which of the following transaction is subject to 6% capital gains tax? Sale of vacant lot by an employee 16. I. The determination of 6% capital gains tax on sale of real property is based on not capital gains realized by the seller afraid property. II. Except for certain passive income and then resident and you’re not engage in trade of business should be taxed at 25% of his gross income derived from sources within the Philippines Only statement II is true 17. A, resident citizen taxpayer owns a property converted into apartment units with the monthly rental of 10,000 per unit he subsequently sold the property to B as a resident alien taxpayer the sale shall be subject to? Regular income tax 18. I. Proceeds of sale of real property classified as capital as it may be exempt from that 6% capital gains tax II. Things from sale of a property classified as capital asset to the government may be taxed understands and 20 for eight at the option of individual taxpayer Both statements are true 19. A sold the residential house and lot held for 10 million to his friend it’s FMV when he inherited it from his father was 12 million Aldo it’s present FMV is 15 million attacks on above transaction is? 900,000 capital gains tax 20. A sold a residential house and lot held for 10 million to his friend it’s FMB when he inherited it from his father was 12 million although it’s percent FMV is 15 million the house and lot was a principal residence and he use ½ of proceeds to buy a new principal at her students reading 18 months after the above sale. A also inform BIR about the sale. The sale shall be? Subject to 450,000 capital gains tax 21.As a rule There is no income tax if there is no income, which of the following is exemption? Capital gains tax in sale of land and/or building 22. I. Sale of principal residence is subject to alternative treatment of taxation as provided by NIRC it can be subjected to capital gain tax or regular income tax II. Purchase of land by tenant farmers pursuant to the comprehensive agrarian reform program of the government is exempt from imposition of capital gain tax Only II is true 23. A sold B share of stocks of foreign corporation at the selling price of 1 million with an acquisition cost of the 380,000 on the same date A solid B shares of stock domestic corporation at a selling price of 600,000 and an acquisition cost of 400,000 If A is a residency this sentence is not a dealer insecurity and the shares were sold directly to B how much is capital gain tax due of a from the transaction? Solution: 600k - 400k =200k × 15% = 30,000 24. A taxpayer he saved during the taxable year the following parts of income derived from within the Philippine: 231 250 net Press on bank deposit under FCDU 95,000 and gross royalty on cash app for application 150,000 gross dividend income from RFC If the taxpayer is the resident alien engage in business the final tax on the above passive income would amount to? Solution: 95K x 20% = 19,000 25. On January 1, 2018 and invested 1 million to BDO five years tax free time deposit the long term deposit pass pays 10% annual interest every January 1 in need of cash pre-terminate his investment on July 1, 2021 how much is the final text you in 2021? Solution: 2020 interest income (1M X10%) = 100K 2021 interest income (1M X10%) =100K 2022 interest income (1M X10%) = 100K 2023 Accrued income (1M X10%) = 50K Total interest income: 350K x12% =42,000 26. A sold 10,000 shares in ABC corporation closely how domestic corporation on June 30, 2021 for 1,250,000 shares were acquired by your ago for 1 million how much is capital gains tax? Solution: 1,250,000 - 1,000,000 =250,000 x 15% = 37,500 27. On March 20 21 A sold the following shares of stock on domestic corporation which he bought for investment purposes I. listed and pay: 250,000 selling price with 118K cost t II. NOT LISTED AND TRATED: 140,000 selling price and 80,000 cost How much is the capital gains stocks? Solutions: SP – Cost I. 250,000 – 118,000 = 132,000 II. 140,000 – 80,000 = 60,000 x 15% = 9,000 28. A resident citizen receive a 72,000 dividend income from domestic corporation and 108,000 as winnings in game show in a local TV network how much is total final tax withheld? Solution: 72,000 / 90% = 80,000 108,000 / 80% = 135,000 80,000 x 10% - 8,000 135,000 x 20% = 27,000 27,000 + 8,000 =35,000 29. A sold his residence 5 million when it’s fair market value was 6 million the house was purchased for 3 million out of proceeds. A utilize the 4 million for purchase of your residential house how much is the capital gains tax on sale? Solution: 6Mx6%=360,000 1,000,000/5,000,000= 0.2 x 360,000 = 72,000 30. A sold his Baguio rest house for 10 million with fair market value of 9 million to buy a new principal residence if A used 8 million of the proceeds of sale in acquiring a new principal resident how much is capital gain tax payable? Solution: 10,000,000 x 6% = 600,000 31. Mr. A book author in Filipino resident after laxity receive P50 for every book sold by his publisher for the year ending December 31, 2020 total book sold by publisher was 3000 capital much amount to be held by publishing it relation with that or your kids to be received by Mr. A? Solution: 50 x 3K = 150K x 10% = 15000 32. Mr. Inman resident gauge in business receive a dividend from a domestic corporation amounting to 15,000 net a final tax because I’m out of dividend before withholding of tax amounted to? Solution: 15K/ 75% = 20,000 33. Mr. is so I let classified as capital asset so no value and farewell in assessor office rest done this selling Mr. a paid 45,000 gain stock. how much is amount paid for documentary stamp tax? Solution: 45K x 25% = 11,250 34. The resident citizen was declared as the first qualifier for semifinals for the annual singing contest in there brgy. prize mounting to 10,000 was from is for her as a wiener the organizer is to withhold a certain amount to file tax for her price how much will it be? 0 35. Which of the following is true regarding the capital gain tax liability of corporations? I. A resident for incorporation is subject to 15% capital gain tax on its capital gain on sale of shares of its own chairs directly to buy II. A domestic corporation is subjected to 6% capital gains tax on gains of sale of any of in capital asset suited in the Philippines III. A domestic corporation is not subject to 15% capital gains tax on its capital gain on sale of shares of was made through the local stock exchange III ONLY TAX Q3: UNIT 3 PART I 1. 13th month, pay 14th month pay, 15th month pay etc. ANSWER: D. Part of 13th month pay and other benefits subject to P 90,000 limit 2. Hazard pay for regular employees. ANSWER: A. Regular and supplementary compensation subject to RIT 3. De minimis benefits in excess of the prescribe limit for rank & file employees. ANSWER: D. Part of 13th month pay and other benefits subject to P 90,000 limit 4. Employers SSS/GSIS contribution. ANSWER: E. Exempt or non- taxable benefits, other than de minimis benefits 5. Liquidated Representation and transportation Allowances ANSWER: A. Regular and supplementary compensation subject to RIT 6. Uniform allowance amounting to P5,000 every year ANSWER: B. De minimis benefits exempt from income tax 7. Use of Company registered car by the medical sales representative selling medicines the various hospitals and doctors. ANSWER: E. Exempt or non- taxable benefits, other than de minimis benefits 8. Educational assistance to dependence of employees were dependents applied for under a competitive scholarship scheme. ANSWER: E. Exempt or non- taxable benefits, other than de minimis benefits 9. Contributions to PERA accounts. ANSWER: E. Exempt or non- taxable benefits, other than de minimis benefits 10. Separation pay of a resigned employee ANSWER: A. Regular and supplementary compensation subject to RIT 11. 10 days monetized unused vacation leave credits for private employees ANSWER: B. De minimis benefits exempt from income tax 12. Monthly rice allowance amounting to P2000 ANSWER: B. De minimis benefits exempt from income tax 13. Personal economic relief allowance of P2000 per month for government employees ANSWER: E. Exempt or non- taxable benefits, other than de minimis benefits 14. Laundry allowance amounting to P1000 per month. The amount in excess of legal limit ANSWER: B. De minimis benefits exempt from income tax 15. Stock options granted to employee for higher profit generated ANSWER: A. Regular and supplementary compensation subject to RIT 16. Overtime pay of regular employees ANSWER: A. Regular and supplementary compensation subject to RIT 17. SSS/GSIS benefits ANSWER: E. Exempt or non- taxable benefits, other than de minimis benefits 18. Benefits received by an employee by virtue of collective bargaining agreement ANSWER: B. De minimis benefits exempt from income tax 19. Monthly allowance for quarters and meals ANSWER: A. Regular and supplementary compensation subject to RIT 20. Sales commission ANSWER: A. Regular and supplementary compensation subject to RIT 21. Compensation for lost profits in Lost salaries ANSWER: A. Regular and supplementary compensation subject to RIT 22. Profit sharing at year end ANSWER: A. Regular and supplementary compensation subject to RIT 23. Night Shift differential pay for minimum wage earners ANSWER: E. Exempt or non- taxable benefits, other than de minimis benefits 24. House maids and drivers provided to CEO of the company ANSWER: C. Fringe benefits subject to FBT 25. Free postpaid mobile plans for department supervisors considered necessary for business communication purpose. ANSWER: E. Exempt or non- taxable benefits, other than de minimis benefits Part II 1. 10 days monetized unused vacation leave credits for private employees C. Exempt/exclusions from gross income 2. Compensation for personal injuries and sickness C. Exempt/exclusions from gross income 3. Interest in Proceeds of life insurance B. Regular income tax 4. Taxable prizes amounting to P10,000 and below B. Regular income tax 5. Sales commission B. Regular income tax 6. Overtime pay of regular employees B. RIT 7. Property insurance proceeds in excess of tax base of the property insured B. Regular income tax 8. SSS/GSIS benefits C. Exempt/exclusions from gross income 9. Gain on redemption of mutual funds C. Exempt/exclusions from gross income 10. Winnings from professional boxing by a professional boxer B. Regular income tax 11. Compensation for lost profits and lost salaries B. Regular income tax 12. Retirement benefits under RA 7641. The employee is only 45 years old upon retirement B. Regular income tax 13. Prizes and awards from Anak TV Seal Award for Makabata Actor of the year C. Exempt/exclusions from gross income 14. Proceeds from life insurance representing return on premiums C. Exempt/exclusions from gross income 15. PCCSO Lotto Winnings amounting to 10k and below C. Exempt/exclusions from gross income Part III 1.) Employee is entitled to the following benefits for the year 2020. 13th mos pay 40,000 14th month pay 40,000 De minimis benefits in excess of the legal limits 20,000 Homoraria for special projects 10,000 Year end- end bonus and profit sharing 10,000 How much is the amount subject to regular tax after applying the exemption of 90,000 for 13th month pay and other benefits? Answer: 30,000 2.) Mr. AAA has gross salaries amounting to P30,000 per month. The following deductions are noted: SSS Premiums P1,700 Phil health P300 HDMF P200 Union Dues P100 Withholding Tax P200 Salary deductions for loans P 2,000. How much is the total exclusions from the gross salary income for the month? Solution: 1,700 + 300 + 200 + 100 = 2,300 3.) XYZ Corporation paid for the monthly rental of residential house of its branch employee amounting to P204,000. How much is the fringe benefit expense of the month? Answer: 204,000 4.) Mr. A, a rank and file employee from private corporation monetized his unused vacation leave credits for the year amounting to P15,000. Monetized leave is for 15 days accumulated leaves. How much is the amount taxable on the monetization (ignore the P90,000 limit for the 13th month pay and other benefits)? Answer: 5,000 Solution: 15000/15 days = 1000 x 5 = 5000 5.) Mr. A was awarded P400,000 by the court in its case against Mr. B who accidentally stabbed Mr. A while eating in a restaurant. The P400,000 os broken down as follows: Hospitalization bills and medicines P150,000 legal fees and other expenses P50,000 Physical damages, sleepless nights and similar damages P100,000 Lost salaries P100,000. How much is the amount subject taxable? Solution: Gross Hospital 150,000 Legal fees 50,000 Physical 100,000 Taxable=100,000 400,000 (300,000) 6.) XYZ Corporation extended a loan of its Chief Finance Manager amounting to P1,000,000 payable in one year. Interest imposed by the company is P40,000. Calculate the amount of taxable interest forgone as a fringe benefit of the company to the CFM. Answer: 1,000,000 x 0.12 = 120,000 – 40,000 = 80,000 7.) XYZ Corportion gave the following fringe benefits to its employees: P1,000,000 salaries to rank and file employees; P1,800,000 salaries to managerial employees; P54,400 De minimis benefits to rank and file employees; P27,200 De minimis benifits to managerial employees; P102,000 Fringe benifit to rank and file employees; P170,000 Fringe benifits to managerial employees. How much is the total allowable deduction from business income of the XYZ Corporation? Answer: 1,000,000 + 1,800,000 + 54,400 + 27,200 + 102,000 + 170,000 = 3,153, 600 + 91538 = 324,5138 8.) XYZ Corportion gave the following fringe benefits to its employees: P1,000,000 salaries to rank and file employees; P1,800,000 salaries to managerial employees; P54,400 De minimis benefits to rank and file employees; P27,200 De minimis benifits to managerial employees; P102,000 Fringe benifit to rank and file employees; P170,000 Fringe benifits to managerial employees. How much is the fringe benifit tax? Answer: 170,000 / 65% x 35% = 91,538 Solving 1.A dealer in securities sold unlisted shares of stocks of a domestic corporation in 2018 and derived a gain of 500,000 therefrom. The gain is Answer: Taxable at 30% regular corporate income tax based on net taxable income 2.Lisa sold a residential house and lot held for 10,000,000 to her friend. Its FMV when she inherited it from her father was 12,000,000 although its present FMV is 15,000,000. The tax on the above transaction is: Answer:900,000 Capital Gains Tax Solution : 15,000,000 x 6% = 900,000 3.Alex, a resident citizen, disposed the following shares of stock of a domestic corporation whose shares are not listed and traded in the local stock exchange: Date of Sale Jan. 15, 2019 Feb. 14, 2019 Cost 80,000 175,000 Selling Price 135,000 150,000 Mar. 30, 2019 256,000 360,000 The Capital Gains Tax on the Jan. 15, 2019 sales is?Answer:8,250Solution : 135k – 80k x 15% = 8,250 4.Lisa sold a residential house and lot held for 10,000,000 to her friend. Its FMV when she inherited it from her father was 12,000,000 although its present FMV is 15,000,000. Assuming the house and lot was Lisa’s principal residence and she used ½ of the proceeds to buy a new principal residence with eighteen (18) months after the above sale. Assume further that Lisa properly informed the BIR about the sale. It shall be: Answer: Subject to 450,000 Capital Gains Tax 5M / 10M x 15M = 7.5M (Taxable portion) x 6% = 450,000 5. Alex, a resident citizen, disposed the following shares of stock of a domestic corporation whose shares are not listed and traded in the local stock exchange: Date of Sale Jan. 15, 2019 Feb. 14, 2019 000Mar. 30, 2019 Cost 80,000 175,000 256,000 The Capital Gains Tax on the Feb. 14, 2019 sale is: Answer:0 Solution: 150k – 175k = (25k) loss Selling Price 135,000 150,000 360,000