UB VISION In pursuit of perfection, the University of Baguio is committed to provide balanced quality education by nurturing academic excellence, relevant social skills and ethical values in a fun-learning environment. INSTITUTIONAL OBJECTIVES (REVISED 2012) The University of Baguio aims to produce a graduate who: 1. exemplifies a higher standard of learning; 2. manifest the mastery of relevant skills; 3. upholds a conduct that is rightful and just; 4. undertakes scientific and significant researches; 5. advocates sustainable programs for the community and the environment; and 6. leads and demonstrates exemplary performance in the field of specialization. Course Title: ATAXTN2/TAXATN2 (3 u) Description: BUSINESS AND TRANSFER TAX Effectivity: 1ST Semester SY 2013-2014 Date Revised April 2013 Prepared by: Jeffreyson M. Pakias Approved by: Dr. Kareen B. Leon Page 1 of 14 MISSION The University of Baguio educates individuals to be empowered professionals in a global community. The School of Business Administration and Accountancy edifies competitive and morally upright individuals. SBAA OBJECTIVES: The School of Business Administration and Accountancy aims to produce a graduate who: 1. cultivates the knowledge that is imperative for success in globalized setting; 2. displays expertise appropriate to the profession; 3. typifies professional integrity with humility; 4. undertakes researches to promote systematic bases for business decisions; 5. utilizes macro-environmental acumen for economic growth and development; and 6. exhibits commendable accomplishments in business and accountancy. Course Title: ATAXTN2/TAXATN2 (3 u) Description: BUSINESS AND TRANSFER TAX Effectivity: 1ST Semester SY 2013-2014 Date Revised April 2013 Prepared by: Jeffreyson M. Pakias Approved by: Dr. Kareen B. Leon Page 2 of 14 The Bachelor of Science in Accountancy Program aims to produce a graduate who: P1. P2. P3. P4. P5. P6. UNIVERSITY GOALS 2 3 4 5 1 applies accounting knowledge to meet the demands of the business community; demonstrates high proficiency in the practice of the profession; conforms with the highest degree of ethical standards; employs researches to elevate professional knowledge and skills in sound business decisions; satisfies the demands of a dynamic industry for a better community; Typifies excellences in the practice of the accounting profession. 6 2. Program Outcomes and Relationship to School/ Program Objectives Program Outcomes O1. Students graduate to become professionals imbued with high moral/ ethical standards. O2. Graduates are highly competitive with their acquired knowledge, skills and values in the practice of their profession. O3. Graduates are confident of their academic and industry preparations and the entry competencies learned to tackle the rigors of the business world. O4. Students can carry out researches that can be utilized in the community and in the business profession. O5. Students recognize their responsibility and accountability as professionals and as workers in the community. O6. Students become aware of and strive for their physical, mental and spiritual well-being. O7. Students are prepared to meet the needs and demands of global employment without losing the Filipino spirit. O8. Students become aware of their responsibility to the environment and participate actively in environmental programs. P1 √ √ SCHOOL/ PROGRAM OBJECTIVES P2 P3 P4 P5 P6 √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ 3. Course Objectives and Relationship to Program Outcomes Course Title: ATAXTN2/TAXATN2 (3 u) Description: BUSINESS AND TRANSFER TAX Effectivity: 1ST Semester SY 2013-2014 Date Revised April 2013 Prepared by: Jeffreyson M. Pakias Approved by: Dr. Kareen B. Leon Page 3 of 14 Course Objectives COGNITIVE DOMAIN C1. Identify the objectives of Philippine tax system. C2. Determine overall considerations in the rationale, basis and computation of the various business and transfer taxes. C3. Distinguish business transactions as to tax imposed C4. Define the Reformed Value-Added Tax (R-VAT) policies C5. Identify the recent developments of Philippine tax laws. AFFECTIVE DOMAIN C6. Conform with values geared towards becoming socially responsible, morally upright, and globally competitive office workers C7. Develop awareness of social responsibilities of business enterprises. C8. Show sustained interest in the subject C9. Cultivate the values of honesty, industry, perseverance, patience, and discipline PSYCHOMOTOR DOMAIN C10 Apply the skills in the presentation of a BIR tax form. C11. Present and explain solutions on the board and defend solutions to tax problems. C12. Develop adequate speed and techniques in answering tax related problems. C13. Develop efficient use of time in answering multiple choice questions O1 O2 PROGRAM OUTCOMES O3 O4 O5 O6 O7 √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ O8 √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ 4. Prerequisite: ATAXTN1/TAXATN1 5. Course Description The course covers business taxes, transfer taxes and local taxes. It is designed to enable the students to acquire an understanding and appreciation of basic business taxation – percentage tax, excise tax and value-added tax; as well as transfer taxation – pertaining to estate and donor’s taxes. The combination of theories and computations will enable future business professionals to be aware of the complexity of tax laws and their applications, and also be cognizant of recent tax laws related to topics mentioned. Rationale: The government cannot achieve its development goals without the people’s favorable support of its tax system. It is in the light of this situation that the study and the teaching of the subject require relevance and importance. 6. Course Coverage Learning Contents/Topics Course Title: ATAXTN2/TAXATN2 (3 u) Description: No. of BUSINESS AND TRANSFER TAX School Objectives P1 P2 P3 P4 P5 Effectivity: 1ST Semester SY 2013-2014 O O Program Outcomes O O O O O Date Revised April 2013 O Prepared by: Jeffreyson M. Pakias Activity and Learning Approach Evaluation Approved by: Dr. Kareen B. Leon Page 4 of 14 hour s 1 Course Syllabus VMO Seat Plan Leveling of Expectations Unit 1: BUSINESS TAXES 1 4 4 2 3 4 5 6 7 8 1.1 Nature of Business Taxes 1.2 Types of Business Taxes 1.2.1 Excise Tax 1.2.2 General Consumption Tax/ Percentage Tax 1.2.3 Value-Added Tax 1.3 Compliance Requirements 1.4 Initial Registration 1.5 Annual Registration 1.6 Exemption from payment of P500 Registration Fee 1.7 Registration Threshold Orientation Internalize the VMO Arrange students Requirements and Grading system Recitation -Lecture Discussion -Case Analyses -Quiz -Presentation of Answers to case Analyses -Recitations -Lecture-discussion -Reading Assignment -problem solving -Quiz -Seatworks -Board Exercises 1.8 Keeping of Books of Accounts and Records 1.9 Invoices and Receipts 1.9.1 Invoicing Requirements 1.10Filing and Payment of Internal Revenue Taxes Unit 2: PERCENTAGE TAXES 6.1 Percentage Tax 6.2 Optional Registration 6.3 Business Subject to Percentage Taxes 6.3.1 Domestic Carriers and Keepers of Garages 6.3.2 Transport of Goods and Cargoes 6.3.3 International Air Carriers and Shipping Carriers Course Title: ATAXTN2/TAXATN2 (3 u) Description: BUSINESS AND TRANSFER TAX Effectivity: 1ST Semester SY 2013-2014 Date Revised April 2013 Prepared by: Jeffreyson M. Pakias Approved by: Dr. Kareen B. Leon Page 5 of 14 6.3.4 Franchise 6.3.5 Bank and Non-Bank Financial Intermediaries 6.3.6 Insurance Companies 6.3.7 Amusement Places 6.3.8 Winnings 6.3.9 Shares of Stocks 6.3.10 Shares of Stocks Sold through Initial Public Offering 6.4 Withholding Percentage Tax 6.5 Returns and Payments of Taxes Withheld 6.6 Certificate of Internal Revenue Taxes Withheld 6.7 Returns and Payment of Percentage Tax Unit 3: VALUE-ADDED TAX 2 4.1 Nature of Value-Added Tax 4.2 Characteristics of Value-Added Tax 4.3 Evolution of Present Vat System 4.4 Rationale of the VAT System 4.5 VAT vs. Percentage Tax 4.6 Basic Formula of VAT 4.7 Manner of Billing VAT Transaction 4.8 Elements of VAT System 4.9 Sources of Creditable Input Tax 4.9.1 Transitional Input Tax 4.9.1 Presumptive Input Tax 4.10Output Tax 4.11Sales Discounts, Returns and Allowances 4.12Accounting Treatment of VAT 4.13Liability for VAT Payment -Lecture discussion -Reading Assignment -problem solving -case analyses -Quiz -Seatworks Requirement: Reaction papers on: Course Title: ATAXTN2/TAXATN2 (3 u) Description: BUSINESS AND TRANSFER TAX Effectivity: 1ST Semester SY 2013-2014 Date Revised April 2013 Prepared by: Jeffreyson M. Pakias Approved by: Dr. Kareen B. Leon Page 6 of 14 1. new ruling on transactions with senior citizens 2. VAT on toll fees Unit 4: EXCISE TAX 4 -Lecture-Discussion -problem solving -Reading Assignments - board works -Quiz -case analyses -Seatworks 2.1 Excise Tax, defined 2.2 Classification of Excise Tax 2.3 Purposes of Excise Tax 2.4 Goods Subject to Excise Tax 2.4.1 Alcohol Products 2.4.2 Tobacco Products 2.4.3 Petroleum Products 2.4.4 Miscellaneous Articles 2.4.5 Non-Essential Goods 2.4.6 Mineral Products 2.5 Return and Payment of Excise Tax 5.3 Objects of VAT 5.4 VAT on Sale of Goods or Properties 5.4.1 Transactions deemed sale 5.4.1.1 Consumption of Inventory 5.4.1.2 Distribution to Stockholders 5.4.1.3 Distribution to Creditors 5.4.1.4 Consignment of Goods 5.4.1.5 Retirement from Business 5.5 Sale of Real Property 5.5.1 Taxable Base on Installment Sale of Real Property 5.5.1.1 Initial Payments Course Title: ATAXTN2/TAXATN2 (3 u) Description: BUSINESS AND TRANSFER TAX Effectivity: 1ST Semester SY 2013-2014 Date Revised April 2013 Prepared by: Jeffreyson M. Pakias Approved by: Dr. Kareen B. Leon Page 7 of 14 5.6 Sale of Services/Use and Lease of Properties 5.6.1 Requirements for VAT Taxability of Services 5.6.2 Taxable Base on Services 5.6.3 Constructive Receipts 5.6.4 Sale or Exchange of Services 5.6.5 Professional/Technical Services 5.6.6 Transfer of Technology 5.6.7 Lease or Use of Intangible Property 5.6.8 Lease or Use of Tangible Property 5.6.9 Lease of Real Property 5.7 VAT on Importation of Goods 5.8 Zero-Rated Transactions 5.8.1 Input Tax on Zero-Rated Sales 5.9 VAT-Exempt Transactions 5.10Effect of Collecting VAT by Non-VAT Persons 5.11Business with VAT and Non-VAT Transactions 5.12Transactions with Government Agencies 5.13 Latest VAT-related Revenue Regulations Unit 6: VAT REQUIREMENTS AND APPLICATIONS 2 HOURS 6.1 6.2 6.3 6.4 6.5 6.6 2 VAT Requirements Registration Invoicing Filing and Payment of VAT Return Place of Filing and Payment Accounting Application Unit 7: TRANSFER TAXES AND BASIC SUCCESSION 7.1 Nature of Transfer Taxes 7.1.1 Onerous Transfer of Property Course Title: ATAXTN2/TAXATN2 (3 u) Description: 5 BUSINESS AND TRANSFER TAX Effectivity: 1ST Semester SY 2013-2014 Date Revised April 2013 Prepared by: Jeffreyson M. Pakias - lecture discussion -quiz -reading Assignment -problem solving -seatwork - lecture discussion -quiz -reading Assignment -seatwork Approved by: Dr. Kareen B. Leon Page 8 of 14 7.1.2 Gratuitous Transfer of Property 7.2 Nature of Estate Tax 7.3 Justification of Estate Tax 7.3.1 Redistribution of Wealth Theory 7.3.2 Benefit-Received Theory 7.3.3 Privilege of State-Partnership Theory 7.3.4 Ability to Pay Theory 7.4 Effectivity of the Transfer of Property 7.5 Nature of Donor’s Tax 7.6 Purposes of Donor’s Tax 7.7 Basic Concept of Succession 7.8 Basis of Succession 7.9 Elements of Succession 7.10Persons Authorized to Take Charge of the Estate 7.10.1 Successors 7.10.2 Primary Compulsory Heir 7.10.3 Secondary Heirs 7.11Kinds of Succession 7.11.1 Testamentary Succession 7.11.2 Testamentary Distribution of Net Estate 7.12Free Portion 7.13Legitime 7.14Surviving Spouse 7.14.1 Surviving Spouse with Legitimate Children 7.14.2 Surviving Spouse with Illegitimate Children 7.14.3 Surviving Spouse with Legitimate Children and Illegitimate Children 7.14.4 Surviving Spouse Alone -problem solving 7.15Disinheritance 7.15.1 Disinheritance of Children and Descendants 7.15.2 Disinheritance of Ascendants Course Title: ATAXTN2/TAXATN2 (3 u) Description: BUSINESS AND TRANSFER TAX Effectivity: 1ST Semester SY 2013-2014 Date Revised April 2013 Prepared by: Jeffreyson M. Pakias Approved by: Dr. Kareen B. Leon Page 9 of 14 7.16Succession 7.16.1 Intestate Succession 7.16.2 Intestate Distribution of Net Estate 7.16.3 Mixed Succession Midterms Examination (2 hours) Unit 8: GROSS ESTATE 5 8.1 The Gross Estate 8.1.1 Valuation of the Gross Estate 8.1.2 Classification of Decedent 8.1.3 Summary of Properties Included in the Gross Estate 8.2 Additions to the Gross Estate 8.2.1 Transfer in Contemplation of Death 8.2.2 Sale for an Adequate and Full Consideration 8.2.3 Revocable Transfer 8.2.4 Property Passing Under General Power of Appointment 8.2.5 Proceeds of Life Insurance 8.2.6 Transfer for Insufficient Consideration 8.2.7 Claims against Insolvent Persons 8.2.8 Amounts Received by Heirs under Republic Act No 4917 - lecture discussion -reading Assignment -problem solving -quiz -seatwork 8.3 Exemptions from Estate Tax 8.3.1 Merger of Usufruct in the Owner of Naked Title 8.3.2 Transmission of Legacy by the Legatee to Fedeicommissary 8.3.3 Second Transfer as Desired by the Predecessor 8.3.4 Transfer to Social Welfare, Cultural Charitable Institutions 8.3.5 Reciprocity Clause Course Title: ATAXTN2/TAXATN2 (3 u) Description: BUSINESS AND TRANSFER TAX Effectivity: 1ST Semester SY 2013-2014 Date Revised April 2013 Prepared by: Jeffreyson M. Pakias Approved by: Dr. Kareen B. Leon Page 10 of 14 8.3.6 Capital of Surviving Spouse 8.3.6.1 Property Relations between Spouses 8.3.6.1.1 Conjugal Partnership of Gains 8.3.6.1.2 Absolute Community of Property 8.3.6.1.3 Conjugal Partnership of Gains vs. Absolute Community of Property Unit 9: DEDUCTION FROM GROSS ESTATE 5 - lecture discussion -reading Assignment -problem solving -quiz -seatwork 3 - lecture discussion -reading Assignment -problem solving -quiz -seatwork 9.1 Nature of Deductions 9.2 Deductions from Estate of 9.2.1 Resident Citizen 9.2.2 Non-Resident Citizen 9.2.3 Resident Alien 9.2.4 Non-Resident Alien 9.3 Allowable Deductions 9.3.1 Funeral Expenses 9.3.2 Medical Expenses 9.3.3 Claims against the Estate 9.3.4 Claims against the Insolvent Person 9.3.5 Unpaid Mortgage 9.3.6 Unpaid Taxes 9.3.7 Casualty Losses 9.3.8 Transfer for Public Use 9.3.9 Vanishing Deduction 9.3.10 Standard Deduction 9.3.11 Amount Received by Heirs RA 4917 9.3.12 Family Home 9.3.13 Share of Surviving Spouse Unit 10: ESTATE TAX 10.1Net Taxable Estate 10.2Rates of Estate Tax Course Title: ATAXTN2/TAXATN2 (3 u) Description: BUSINESS AND TRANSFER TAX Effectivity: 1ST Semester SY 2013-2014 Date Revised April 2013 Prepared by: Jeffreyson M. Pakias Approved by: Dr. Kareen B. Leon Page 11 of 14 10.3Notice of Death 10.4Filing of Estate Tax Return 10.4.1 Time of Filing 10.4.2 Extension of Time 10.4.3 Place of Filing 10.4.4 Time of Payment 10.4.5 Extension of Time of Payment 10.4.6 Liability for Payment 10.4.7 Surcharges, Interest and Penalties 10.4.8 Safeguards for the Payment of Estate Taxes Unit 11: DONOR’S TAX 11.1Nature of Donation 11.2Kinds of Donation 11.2.1 Inter Vivos 11.2.2 Mortis Causa 11.3Essential of Donation 11.4Donation of Real Property 11.5Donation of Personal Property 11.6Conjugal Donations 11.6.1 Gift to Children 11.6.2 Donation between Husband and Wife 11.7Valuation of Donation or Gifts 11.8Transfer for Inadequate Consideration 11.9Deduction from Gross Gifts 11.9.1 Dowries 11.9.2 Encumbrance Assumed by the Donee 11.9.3 Donations to National Government 11.9.4 Destroyed Donations 11.9.5 Tax-Exempt Donations 11.10 Computations of Donor’s Tax 11.11 Gift to Relatives 11.12 Gift to Strangers 11.13 Donor’s Taxes Paid to a Foreign Country Course Title: ATAXTN2/TAXATN2 (3 u) Description: 4 BUSINESS AND TRANSFER TAX Effectivity: 1ST Semester SY 2013-2014 Date Revised April 2013 Prepared by: Jeffreyson M. Pakias - lecture discussion -reading Assignment -problem solving -quiz -seatwork Approved by: Dr. Kareen B. Leon Page 12 of 14 11.13.1 Limitations on Tax Credit 11.14 Returns and Payment of Tax 11.14.1 Attachments to the Donor’s Tax Return 11.14.2 Filing and Payment 11.14.3 Penalties Requirement: Reaction paper on a recent article on Estate Tax or Donor’s Tax Final Examination (2 hours) Grading System: For Professional Board Examination Subjects: the cut-off score is 70%. The highest possible grade is ninety-nine (99); the lowest passing grade is seventy-five (75); and the lowest failing grade is sixty-five (65). First grading Class standing = 70 % ; Exam = 30 % Midterms Class standing = 60 % ; Exam = 40 % ( Tentative Midterm Grade x 2 + First Grading ) / 3 = Midterm Grade Finals Class standing = 50 % ; Exam = 50 % ( Tentative Final Grade x 2 + Midterm Grade ) / 3 = Final grade X. Textbook and References: TEXTBOOK Ballada Win Lu, et al (2012) Business and Transfer Taxes (R.A.9337) Manila, DomDane Publishers REFERENCES: www.bir.gov.ph www.dti.gov.ph www.prctaxman.com www.gov.ph/fags/tax info.asp www.punongbayan-araullo.com taxation.lawyers.com/Business-Taxation-FAQs.html Revised EVAT Law (R.A. 9337) Course Title: ATAXTN2/TAXATN2 (3 u) Description: BUSINESS AND TRANSFER TAX Effectivity: 1ST Semester SY 2013-2014 Date Revised April 2013 Prepared by: Jeffreyson M. Pakias Approved by: Dr. Kareen B. Leon Page 13 of 14 The Comprehensive Tax Reform Program (R.A. 8424) BALLADA, Win Lu, Income Taxation Domedane Publisher 2012 AMPONGAN, Omar, Transfer and Business Taxation, 2012 VALENCIA & ROXAS, Transfer and Business Taxation, 2012 DE LEON, Transfer and Business Taxation, Manila, Rex Bookstore, 2012 Syllabus Evaluation Committee: RHAD VIC ESTOQUE, CPA, MBA Program Chair Course Title: ATAXTN2/TAXATN2 (3 u) Description: Ms. Allyn Garibay DR. KAREEN B. LEON, CPA Dean, School of Business Administration and Accountancy Library Section Head BUSINESS AND TRANSFER TAX Effectivity: 1ST Semester SY 2013-2014 Date Revised April 2013 Prepared by: Jeffreyson M. Pakias Approved by: Dr. Kareen B. Leon Page 14 of 14