TAXATION II OUTLINE

I. Income Taxation

A. General Principles of Income Taxation, sec 23

SEC. 23. General Principles of Income Taxation in the Philippines-

Except when otherwise provided in this Code:

(A) A citizen of the Philippines residing therein is taxable on all income

derived from sources within and without the Philippines;

(B) A nonresident citizen is taxable only on income derived from sources

within the Philippines;

(C) An individual citizen of the Philippines who is working and deriving

income from abroad as an overseas contract worker is taxable only on
income derived from sources within the Philippines:

- Provided, That a seaman who is a citizen of the Philippines and who

receives compensation for services rendered abroad as a member of the
complement of a vessel engaged exclusively in international trade shall be
treated as an overseas contract worker;

(D) An alien individual, whether a resident or not of the Philippines, is

taxable only on income derived from sources within the Philippines;

(E) A domestic corporation is taxable on all income derived from sources

within and without the Philippines; and

(F) A foreign corporation, whether engaged or not in trade or business in

the Philippines, is taxable only on income derived from sources within the
Philippines.

B. Concept of Income, Taxable Income

1. Definition, nature, kinds

a. Definition of income Taxable

Sec 31 Taxable Income Defined –

The term taxable income means the pertinent items of gross income
specified in this Code, less the deductions and/or personal and additional
exemptions, if any, authorized for such types of income by this Code or
other special laws.
 CIR v British Overseas Airway Corp. (1987)

Nature of the Case:

Petitioner Commissioner of Internal Revenue (CIR) seeks a review on certiorari of the

joint Decision of the Court of Tax Appeals (CTA) in CTA Cases Nos. 2373 and 2561,
dated 26 January 1983, which set aside petitioner's assessment of deficiency income taxes
against respondent British Overseas Airways Corporation (BOAC) for the fiscal years
1959 to 1967, 1968-69 to 1970-71, respectively, as well as its Resolution of 18
November, 1983 denying reconsideration.

Facts of the Case:

Madrigal v Rafferty (1918)

Nature of the Case:

Limpan Investment Corp. v CIR (1966)

Nature of the Case:

Appeal interposed by petitioner Limpan Investment Corporation against a decision of the

Court of Tax Appeals, in its CTA Case No. 699, holding and ordering it (petitioner) to
pay respondent Commissioner of Internal Revenue the sums of P7,338.00 and
P30,502.50, representing deficiency income taxes, plus 50% surcharge and 1% monthly
interest from June 30, 1959 to the date of payment, with cost.

Republic v De La Rama (1966)

Nature of the Case:

This is an appeal from the decision of the Court of First Instance of Manila, dated
December 23, 1961, in its Civil Case No. 46494, dismissing the complaint of the
Republic of the Philippines against the heirs of the late Esteban de la Rama from the
collection of P56,032.50 as deficiency income tax, inclusive of 50% surcharge, for the
year 1950.

b. Sources of Income

CIR v Japan Airlines (1991)

CIR v. BOAC, supra

c. Nature, distinguished from other taxes

Income tax v. Property tax

 Western Minolco Corp v CIR and CTA (1983)

Nature of the Case:

This is a petition for review on certiorari of a Court of Tax Appeal's decision denying the
petitioner's claim for the refund of P1,317,801.03, representing Money market transaction
taxes which the petitioner paid from June 3, 1977 to August 5, 1977, and the resolution
denying its motion for reconsideration.

d. Kinds: ordinary, capital

Sec. 22 (Z),

(Z) The term "ordinary income" includes any gain from the sale or
exchange of property which is not a capital asset or property described in
Section 39(A)(1).

Any gain from the sale or exchange of property which is treated or

considered, under other provisions of this Title, as 'ordinary income' shall be
treated as gain from the sale or exchange of property which is not a capital
asset as defined in Section 39(A)(1).

The term 'ordinary loss' includes any loss from the sale or exchange of
property which is not a capital asset.

Any loss from the sale or exchange of property which is treated or

considered, under other provisions of this Title, as 'ordinary loss' shall be
treated as loss from the sale or exchange of property which is not a capital
asset.

Sec. 39 A

Capital Gains and Losses. -

(A) Definitions. - As used in this Title -

(1) Capital Assets. - The term "capital assets" means property held by the
taxpayer (whether or not connected with his trade or business),

- but does not include stock in trade of the taxpayer or other property of a kind
which would properly be included in the inventory of the taxpayer if on hand
at the close of the taxable year,

or property held by the taxpayer primarily for sale to customers in the

ordinary course of his trade or business,

or property used in the trade or business, of a character which is subject to

the allowance for depreciation provided in Subsection (F) of Section 34;

or real property used in trade or business of the taxpayer.

 (2) Net Capital Gain. - The term "net capital gain" means the excess of the
gains from sales or exchanges of capital assets over the losses from such
sales or exchanges.

(3) Net Capital Loss. - The term "net capital loss" means the excess of the
losses from sales or exchanges of capital assets over the gains from such
sales or exchanges.

e. Periods and Methods of Accounting for income and expenses

Calendar year, Fiscal year

Sec. 22 (PQR)

(P) The term "taxable year" means the calendar year, or the fiscal year ending
during such calendar year, upon the basis of which the net income is
computed under this Title.

'Taxable year' includes, in the case of a return made for a fractional part of a
year under the provisions of this Title or under rules and regulations
prescribed by the Secretary of Finance, upon recommendation of the
commissioner, the period for which such return is made.

(Q) The term "fiscal year" means an accounting period of twelve (12) months
ending on the last day of any month other than December.

(R) The terms "paid or incurred" and 'paid or accrued' shall be construed
according to the method of accounting upon the basis of which the net
income is computed under this Title.
Chapter VIII, Sec. 43- 47, 50

2. Computation of taxable Compensation Income and Net Income

a. Items of Gross Income, Sec. 32 A

SEC. 32 Gross Income. -

(A) General Definition. - Except when otherwise provided in this Title, gross
income means all income derived from whatever source, including (but not
limited to) the following items:

(1) Compensation for services in whatever form paid, including, but not
limited to fees, salaries, wages, commissions, and similar items;
(2) Gross income derived from the conduct of trade or business or the
exercise of a profession;
(3) Gains derived from dealings in property;
 (4) Interests;
(5) Rents;
(6) Royalties;
(7) Dividends;
(8) Annuities;
(9) Prizes and winnings;
(10) Pensions; and
(11) Partner's distributive share from the net income of the general
professional partnership.

Compensation, CIR v Henderson (1961)

Nature of the Case:

These are petitioner filed by the Collector of Internal Revenue (G.R. No. L-12954) and
by Arthur Henderson (G.R. No. L-13049) under the provisions of section 18, Republic
Act No. 1125, for review of a judgment dated 26 June 1957 and a resolution dated 28
September 1957 rendered and adopted by the Court of Tax Appeals in Case No. 237.

Gross Income derived from the conduct of trade or business, Sec 22

(S) The term "trade or business" includes the performance of the functions
of a public office.

Gains derived from dealings in property,

Rodriguez v CIR, (1969)

Nature of the Case:

This is a petition for review of the decision of the Court of Tax Appeals in its CTA Case
No. 849, affirming the decision of the respondent Collector (now Commissioner) of
Internal Revenue holding petitioner E. Rodriguez, Inc. liable for deficiency income tax in
the sum of P63,880.00 for the year 1950.

Interests, royalties, prizes, winnings, Sec 24 (B)

(B) Rate of Tax on Certain Passive Income

(1) Interests, Royalties, Prizes, and Other Winnings. - A final tax at the rate
of twenty percent (20%) is hereby imposed upon the amount of interest
from any currency bank deposit and yield or any other monetary benefit
from deposit substitutes and from trust funds and similar arrangements;

royalties, except on books, as well as other literary works and musical

compositions, which shall be imposed a final tax of ten percent (10%);

prizes (except prizes amounting to Ten thousand pesos (P10,000) or less

which shall be subject to tax under Subsection (A) of Section 24;
 and other winnings (except Philippine Charity Sweepstakes and Lotto
winnings), derived from sources within the Philippines:

Provided, however, That interest income received by an individual

taxpayer (except a nonresident individual) from a depository bank under
the expanded foreign currency deposit system shall be subject to a final
income tax at the rate of seven and one-half percent (7 1/2%) of such
interest income:

Provided, further, That interest income from long-term deposit or

investment in the form of savings, common or individual trust funds,
deposit substitutes, investment management accounts and other
investments evidenced by certificates in such form prescribed by the
Bangko Sentral ng Pilipinas (BSP) shall be exempt from the tax
imposed under this Subsection:

Provided, finally, That should the holder of the certificate pre-terminate

the deposit or investment before the fifth (5th) year, a final tax shall be
imposed on the entire income and shall be deducted and withheld by the
depository bank from the proceeds of the long-term deposit or
investment certificate based on the remaining maturity thereof:

Four (4) years to less than five (5) years - 5%;

Three (3) years to less than (4) years - 12%;

and Less than three (3) years - 20%

(2) Cash and/or Property Dividends - A final tax at the following rates shall
be imposed upon the cash and/or property dividends actually or
constructively received by an individual from a domestic corporation or
from a joint stock company, insurance or mutual fund companies and
regional operating headquarters of multinational companies, or on the share
of an individual in the distributable net income after tax of a partnership
(except a general professional partnership) of which he is a partner, or on the
share of an individual in the net income after tax of an association, a joint
account, or a joint venture or consortium taxable as a corporation of which
he is a member or co-venturer:

Six percent (6%) beginning January 1, 1998;

Eight percent (8%) beginning January 1, 1999; and

Ten percent (10% beginning January 1, 2000

 Provided, however, That the tax on dividends shall apply only on income
earned on or after January 1, 1998.

Income forming part of retained earnings as of December 31, 1997 shall not,
even if declared or distributed on or after January 1, 1998, be subject to this
tax.

Rents/leases, Limpa v CIR, supra

Dividends, Republic v. De la Rama, supra

CIR v Manning, Simmons & CTA (1975)

Nature of the Case:

This is a petition for review of the decision of the Court of Tax Appeals, in CTA
case 1626, which set aside the income tax assessments issued by the Commissioner
of Internal Revenue against John L. Manning, W.D. McDonald and E.E. Simmons
(hereinafter referred to as the respondents), for alleged undeclared stock dividends
received in 1958 from the Manila Trading and Supply Co. (hereinafter referred to
as the MANTRASCO) valued at P7,973,660.

Annuities, Art. 2021 NCC

Article 2021. The aleatory contract of life annuity binds the debtor to pay an
annual pension or income during the life of one or more determinate persons
in consideration of a capital consisting of money or other property, whose
ownership is transferred to him at once with the burden of the income.

Income from whatever source derived, CIR v Javier (1991)

Nature of the Case:

Petition for review before the Court of the portion of the Decision 1 dated July 27,
1983 of the Court of Tax Appeals (CTA) in C.T.A. Case No. 3393, entitled,
"Melchor J. Javier, Jr. vs. Ruben B. Ancheta, in his capacity as Commissioner of
Internal Revenue," which orders the deletion of the 50% surcharge from Javier's
deficiency income tax assessment on his income for 1977.

Special items: recovery of accounts previously written off tax refunds

b. Allowable Deductions, Sec 34 (A)

SEC. 34. Deductions from Gross Income. - Except for taxpayers earning
compensation income arising from personal services rendered under an
employer-employee relationship where no deductions shall be allowed under
this Section other than under subsection (M) hereof, in computing taxable
income subject to income tax under Sections 24 (A); 25 (A); 26; 27 (A), (B)
and (C); and 28 (A) (1), there shall be allowed the following deductions
from gross income;

(A) Expenses. -

(1) Ordinary and Necessary Trade, Business or Professional Expenses. –

(a) In General. - There shall be allowed as deduction from gross income all
the ordinary and necessary expenses paid or incurred during the taxable year
in carrying on or which are directly attributable to, the development,
management, operation and/or conduct of the trade, business or exercise of a
profession, including:

(i) A reasonable allowance for salaries, wages, and other forms of

compensation for personal services actually rendered, including the grossed-
up monetary value of fringe benefit furnished or granted by the employer to
the employee:

Provided, That the final tax imposed under Section 33 hereof has been paid;

(ii) A reasonable allowance for travel expenses, here and abroad, while away
from home in the pursuit of trade, business or profession;

(iii) A reasonable allowance for rentals and/or other payments which are
required as a condition for the continued use or possession, for purposes of
the trade, business or profession, of property to which the taxpayer has not
taken or is not taking title or in which he has no equity other than that of a
lessee, user or possessor;

(iv) A reasonable allowance for entertainment, amusement and recreation

expenses during the taxable year, that are directly connected to the
development, management and operation of the trade, business or profession
of the taxpayer, or that are directly related to or in furtherance of the conduct
of his or its trade, business or exercise of a profession not to exceed such
ceilings as the Secretary of Finance may, by rules and regulations prescribe,
upon recommendation of the Commissioner, taking into account the needs as
well as the special circumstances, nature and character of the industry, trade,
business, or profession of the taxpayer:

Provided, That any expense incurred for entertainment, amusement or

recreation that is contrary to law, morals public policy or public order shall
in no case be allowed as a deduction.
(b) Substantiation Requirements. - No deduction from gross income shall
be allowed under Subsection (A) hereof unless the taxpayer shall
substantiate with sufficient evidence, such as official receipts or other
adequate records:

(i) the amount of the expense being deducted, and

(ii) the direct connection or relation of the expense being deducted to the
development, management, operation and/or conduct of the trade, business
or profession of the taxpayer.

(c) Bribes, Kickbacks and Other Similar Payments. - No deduction from

gross income shall be allowed under Subsection (A) hereof for any payment
made, directly or indirectly, to an official or employee of the national
government, or to an official or employee of any local government unit, or to
an official or employee of a government-owned or -controlled corporation,
or to an official or employee or representative of a foreign government, or to
a private corporation, general professional partnership, or a similar entity, if
the payment constitutes a bribe or kickback.

(2) Expenses Allowable to Private Educational Institutions. - In addition

to the expenses allowable as deductions under this Chapter, a private
educational institution, referred to under Section 27 (B) of this Code, may at
its option elect either:

(a) to deduct expenditures otherwise considered as capital outlays of

depreciable assets incurred during the taxable year for the expansion of
school facilities or

(b) to deduct allowance for depreciation thereof under Subsection (F) hereof.