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People’s Technology Complex –

Special Economic Zone


November 13, 2014

Presented by:

ARLENE C. JALOS, CPA


Manager, Audit & Assurance
Alas, Oplas & Co. CPA’s
Alas, Oplas & Co., CPAs

Where in Formula

Gross sales/ receipts xxx


Less: Returns, discounts & allowances xxx
Net sales xxx
Less: Cost of sales xxx
Gross income/ gross profit xxx
Less: ALLOWABLE DEDUCTIONS xxx
Taxable net income xxx
Regular tax rate 30%
Amount to be paid xxx
Alas, Oplas & Co., CPAs
Alas, Oplas & Co., CPAs
Alas, Oplas & Co., CPAs

CLASSIFICATIONS

• 40% Optional Standard Deduction


(introduced to Corp. by RA 9337)

• Itemized deductions
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OSD Formula

Gross sales/ receipts xxx


Less: Returns, discounts & allowances xxx
Net sales xxx
Less: Cost of sales xxx
Gross income/ gross profit xxx
Multiplied by OSD 40%
Allowable deduction xxx
Alas, Oplas & Co., CPAs

Optional Standard Deduction

 Disclosure of election to use the OSD (RMC 16-2010)

 Taxpayers availing of the OSD are required to check the


appropriate box in the ITR for the first quarter.

 Failure to indicate the election to avail of the OSD shall be


considered as having availed of the itemized deduction.

9
Alas, Oplas & Co., CPAs

Optional Standard Deduction

 Implication of OSD

 Option is irrevocable for the taxable year for which the return is
made.

 Any subsequent amendment of ITR filed for the first/initial


quarter shall not affect the irrevocable character of the election to
avail of the OSD or itemized deduction.

 Individual claiming the OSD is not required to submit financial


statements but shall keep records of his gross sales/receipts 10
Alas, Oplas & Co., CPAs

Itemized Deductions : Requisites

• Applicable, in general
• Trade/ business/ profession related
• On a per item of expense basis
• Incurred or paid during the taxable year
• Generally no limit as to amount
• Substantiation requirement, in general
• Reasonable in amount
• Not contrary to public policy, morals, or order
• Properly withheld, if required
Alas, Oplas & Co., CPAs

Itemized deduction (Sec. 34)

 Ordinary and necessary expenses (Sec. 34 (A))


 Interest (Sec. 34 (B))
 Taxes (Sec. 34 C)
 Losses (Sec. 34 (D))
 Bad debts (Sec. 34 (E))
 Depreciation/ depletion (Sec. 34 (F))
 Charitable contribution (Sec. 34 (H))
 Research & development (Sec. 34 (I))
 Pension trusts (Sec. 34 (J))
Alas, Oplas & Co., CPAs

Ordinary and necessary expenses

• Necessary
• Appropriate and helpful in the development of taxpayer’s business
and are intended to minimize losses or to increase profits.

• Ordinary
• Normal or usual in relation to the taxpayer’s business and
surrounding circumstances.
Alas, Oplas & Co., CPAs

Ordinary and necessary expenses

• Salaries & wages;


• Travel expenses;
• Rentals;
• Entertainment, amusement and recreation expenses;
• Supplies, repairs & maintenance & other incidental expenses;
• Advertising;
• Insurance premiums
Alas, Oplas & Co., CPAs

Salaries & wages

• Compensation for personal services actually rendered

• Includes allowances, no matter how called, provided to employees


under employee-employer relationship;

• Must have been subjected to w/holding tax on compensation,


unless, exempted thereof

• Fringe benefit to managerial & supervisory employees on a separate


account

• Employer’s share on SSS, PHIC, HDMF may be added


Alas, Oplas & Co., CPAs

Salaries & Wages : Exempted from withholding tax

• De minimis benefits

• Minimum wage income earners

• Fringe benefit

• Separation pay for causes beyond control of employee

• Retirement pay under RA7641


Alas, Oplas & Co., CPAs

Travel expenses

• Incurred here and abroad while away from home in pursuit of trade,
business or profession

• Includes transportation expenses, meals and lodging, as long as


incurred solely for carrying trade, business, or profession

• Not included: Personal foreign travels sponsored by employer


subject to FBT
Alas, Oplas & Co., CPAs

Rental expenses

• Incurred for the continued use or possession of property to which


the taxpayer is not taking title or in which he has no equity other
than that of a lessee, user or possessor

• Property may be real or personal property under operating lease

• Must have been subjected to EWT of 5% (RR No. 2-98)


Alas, Oplas & Co., CPAs

Other deductions on rentals

• Advance payment of lease – deductible upon lapse of the period


applicable

• Lease improvements
– An improvement constructed on a leased property;
– Depreciation of such improvement is allowed as a deduction

• Lease bonus paid to secure lease is deductible on pro-rate basis


Alas, Oplas & Co., CPAs

Entertainment, amusement & recreation

• Representation expenses – entertaining, providing amusement and


recreation to, or meeting with, a guests at a dining place, place of
amusement, country club, theater, concert, play, sporting event, &
similar establishments (Sec. 2, RR 10-02)

• Depreciation or rental expense relating to entertainment facilities


(e.g. yacht, vacation club, or any similar item or real or personal
property for entertainment, amusement or recreation of guests or
employees (Sec. 2, RR 10-02);
Alas, Oplas & Co., CPAs

Entertainment, amusement & recreation : Requisites

• Paid or incurred during the taxable year;

• Directly connected with development, management & operation;


or furtherance of the conduct of trade, business, or profession

• Not contrary to law, morals, good customs, public policy;

• Substantiated by adequate proof;

• Subjected to withholding tax, if applicable;

• Limitation: (a) 0.5% of net sales (goods); (b) 1% of net revenue


(services)
Alas, Oplas & Co., CPAs

Entertainment, amusement & recreation : Exclusions

• Compensation or expenses subjected to FBT;

• For charitable or fund raising event;

• For bona fide business meetings or stockholders, partners or


directors;

• For attending or sponsoring an employee to a league or


professional organization meeting;

• For events for promotion, marketing, and advertising like concerts,


seminars, workshops, conventions, etc;

• Expenses of similar in nature


Alas, Oplas & Co., CPAs

Example: Limitation on Representation expense

Illustration 1: Illustration 2:
Sale of goods 10,000,000 Sale of goods 50,000,000
Representation expense 65,000 Sale of service 30,000,000
Representation expense 600,000

Representati
Illustration 1: Illustration 2: on expense Limit Allowable Disallowed

Sale of goods 50,000,000 375,000.00 250,000.00 250,000.00 125,000.00


Allowed deduction 50,000 Sale of services 30,000,000 225,000.00 300,000.00 225,000.00 -
Disallowed 15,000 600,000.00 550,000.00 475,000.00 125,000.00
Alas, Oplas & Co., CPAs

Interest expense

The amount of interest paid or incurred within the taxable year on


indebtedness related to trade or business.

Requisites:
• There must be an indebtedness stipulated in writing;
• Indebtedness connected with trade, business, profession;
• There must be an interest paid or incurred during the year;
• Interest must be legally due & demandable
Alas, Oplas & Co., CPAs

Interest expense : Exceptions

Loans between related parties:

– Individual and corporation where individual owns more than 50%


interest, directly or indirectly;

– Same individual owns more than 50% interest on both parties to


loan;

– Loan between fiduciaries of two trusts owned by same grantor


Alas, Oplas & Co., CPAs

Interest expense : Exceptions

• Optional treatment of interest on acquisition of property

• Interest to finance petroleum operations

• Interest under cash basis


– Deductible upon actual payment of interest on amortization;
– If interest is paid in advance, interest is deductible only upon full
payment of the principal
– If service enterprise, prepaid interest is deductible in year
interest is paid
Alas, Oplas & Co., CPAs

Interest expense : Non-deductible

Interest expense – Deduction = 33% of the interest income subjected to final tax

Interest expense paid/ incurred xxx


Less: Interest expense limitation
33% of gross interest income (xxx)
Deductible interest expense xxx
Alas, Oplas & Co., CPAs

Illustration: Interest expense

Example 1: Example 1:
Interest expense 12,000 Deductible interest expense 12,000
Interest income 0

Example 2:
Interest expense 12,000 Example 2:
Interest income (12,000 x 80%) 9,600 Interest expense 12,000
Less: Limitation
Example 2: (12,000 x 33.33%) 4,000
Deductible interest expense 8,000 Deductible interest expense 8,000
Alas, Oplas & Co., CPAs

Interest expense limitation: Rationale

• This limitation on the deductibility of interest expense was legislated


specifically to address the tax arbitrage arising from the difference
between the 20% final tax on interest income and the regular
corporate income tax rate (RCIT) under which interest expense can
be claimed as a deduction.
Alas, Oplas & Co., CPAs

Interest expense limitation: Rationale


Example 2: Example 2:
Interest expense 12,000 Benefit (12,000 x 30%) 3,600
Interest income 12,000 Final tax paid (12,000 x 20%) (2,400)
Net benefit 1,200

Example 2: 33.3333333333% ???


Interest expense 12,000
Less: Limitation
(12,000 x 33.33%) 4,000 (30% - 20%)/ 30%
Deductible interest expense 8,000
Tax rate 30% What if the RCIT rate becomes 35%
Benefit 2,400 again? What is the rate of interest
Final tax paid (12,000 x 20%) (2,400) expense limitation?
Net benefit -0-

42.857142857…% √
Alas, Oplas & Co., CPAs

Interest expense

Is interest expense from YES. Taxes constitutes an


delinquent payment of indebtedness for purposes of
taxes deductible? income tax, thus, interest on
delinquent payments of tax is
allowed as deduction. (CIR vs.
Palanca GR#1-166266.10-29-66)
Alas, Oplas & Co., CPAs

Taxes

• Paid or incurred within the taxable year;

• Incurred in connection with taxpayer’s trade business, or profession;

• Imposed directly upon taxpayer


Alas, Oplas & Co., CPAs

Taxes : Deductible

• Documentary stamp tax;


• Occupation tax;
• Privilege & licenses fees;
• Excise tax;
• Import duties;
• Local business tax;
• Automobile registration fees;
• Community tax;
• Municipal tax
Alas, Oplas & Co., CPAs

Taxes : Nondeductible

• Philippine income tax;


• Estate & donor’s tax;
• Stock transaction tax (1/2 of 1%);
• Value-added tax;
• Foreign income tax, if used as tax credit;
• Non-business/ trade taxes;
• Special assessments/ levy for increases in property values;
• Interest on delinquency taxes – as interest expense;
• Additions to tax: surcharge and compromise penalties
Alas, Oplas & Co., CPAs

Foreign tax credits : Limitation

• Foreign tax paid by a domestic corporation may be credited


proportionately against Philippine tax on the same profits, but the
credit is limited to the amount of Philippine tax payable on the
foreign income.
Alas, Oplas & Co., CPAs

Foreign taxes : Proof of credits

• The total amount of income derived from sources without the


Philippines;

• The amount of income derived from each country, the tax paid or
incurred to which is claimed as a credit

• All other information necessary for the verification and computation


of such credits.
Alas, Oplas & Co., CPAs

Taxes : General limitation

• In the case of a non-resident alien individual engaged in trade or


business in the Philippines and a resident foreign corporation, the
deductions for taxes shall be allowed only if and to the extent that
they are connected with income from sources within the Philippines.
Alas, Oplas & Co., CPAs

Losses

• Actually sustained during the taxable year relative to the property


used in the conduct of trade, business, or profession and not
compensated for by insurance or other form of indemnity.

• Transaction losses
• Casualty losses
• Capital losses
• Special losses; or
• NOLCO
Alas, Oplas & Co., CPAs

Transaction Losses

• Losses arising from closed and completed transactions in the


conduct of trade or business.

• Example:
– Loss on sale of ordinary assets;
– Foreign exchange losses
Alas, Oplas & Co., CPAs

Casualty Losses : Requisites

• Loss of properties used in trade, business, or practice of profession.

• Arising from fires, storms, shipwreck or other casualties or robbery,


theft, or embezzlement;

• Not compensated by insurance or other indemnity;

• Reported to the BIR within 45 days from date of discovery


Alas, Oplas & Co., CPAs

Capital Losses

• Losses from capital assets other than those subjected to CGT.

• Deductible only to the extent of capital gains

• Examples:
– Sales or exchanges of capital assets;
– Short sales of property;
– Securities becoming worthless;
– Loss for failure to exercise option to buy capital asset;
– Wagering/ gambling losses
Alas, Oplas & Co., CPAs

Special Losses

Allowed:
– Write-off of inventories
– Abandonment of petroleum operations

Non-deductible:
– Loss on voluntary removable of buildings
– Loss from illegal transactions
– Loss on exchange between related parties
– Shrinkage of value of shares
Alas, Oplas & Co., CPAs

NOLCO

• Excess of allowable deductions over gross income;

• Carried over the next 3 immediately succeeding years;

• Forms part of the deductions as a special allowable deductions upon


application;

• Applied in first-in; first-out basis (FIFO);

• Not applicable under OSD;

• Not applicable against MCIT;

• Not transferable except in merger and consolidation where NOLCO of


absorbed is transferred to the surviving corporation.
Alas, Oplas & Co., CPAs

Bad debts

• Business, trade or profession related debts due to taxpayer actually


ascertained to become worthless and actually charged off during the
taxable year;

• Under direct write-off method for BIR purposes


Alas, Oplas & Co., CPAs

Bad debts : Requisites

• Valid and subsisting claim connected with trade, business or


profession;

• Not between related parties;

• Actually ascertained to be worthless and uncollectible at the end of


the taxable year;

• Written-off during the taxable year


Alas, Oplas & Co., CPAs

Depreciation

• Allowance to reduce value of tangible fixed assets resulting form


wear and tear and normal obsolescence for the taxpayer to recover
cost of the asset;

• Requisites:
– Must be reasonable;
– Charged off during the period;
– Asset must be used in trade, business or profession
– Asset must have limited useful life; and,
– Must be located in the Philippines for NRA and foreign
corporations
Alas, Oplas & Co., CPAs

Charitable contributions

• Contributions or gifts actually paid or made within the taxable year


to, or for the use of the Government of the Philippines or any of its
agencies or any political subdivision thereof exclusively for public
purposes, or to accredited domestic corporation or associations
organized and operated exclusively for religious, charitable,
scientific, youth and sports development, cultural or educational
purposes or for the rehabilitation of veterans, or to social welfare
institutions, or to non-government organizations.

• Not necessarily business, trade or profession expenses.

• Subject to substantiation requirements.

• Valuation – based on cost of property.


Alas, Oplas & Co., CPAs

Contributions deductible in FULL

• Donations to NEDA projects

• Donations to foreign institutions based on international agreement,


treaties, or commitments entered into by Philippines;

• Donations to accredited NGOs


– Non-stock and non-profit;
– Utilization of donation not later than the 15th day of the 3rd month
after the close of the taxable year;
– Not more than 30% is used for administrative purposes;
– In event of dissolution, assets of the NGO would be distributed to
an NGO of similar purpose or in accordance with Court’s
judgment
Alas, Oplas & Co., CPAs

Charitable Contributions : Limitation

 Individual donor - 10% of net income


before deducting
donations

 Corporate donor - 5% of net income before


deducting donations

OR

Actual contribution/donation

49
WHICHEVER IS LOWER
Alas, Oplas & Co., CPAs

Research and Development

• Research
• Original and planned investigation undertaken by the taxpayer with
the prospect of gaining new scientific or technical knowledge and
understanding;

• Development
• Application of the research findings or other knowledge to a plan or
design for production of new or substantially improved materials,
devices, products, processes, systems or services before the start of
commercial production or use
Alas, Oplas & Co., CPAs

Research and Development : Optional treatment

• Deferred expenses charged to a capital account but not to property


subject to depreciation or development and amortized over 60
months from the month first benefits were realized from such
expenditures.
Alas, Oplas & Co., CPAs

Pension Trusts

• A pension plan intended to provide retirement benefits to covered


employees at a certain period of time under the circumstances and
amounts provided for.

• Types of pensions:
• Defined contribution plan
• Defined benefit plan
Alas, Oplas & Co., CPAs

Itemized deduction : Summary

 Ordinary and necessary expenses (Sec. 34 (A))


 Interest (Sec. 34 (B))
 Taxes (Sec. 34 C)
 Losses (Sec. 34 (D))
 Bad debts (Sec. 34 (E))
 Depreciation/ depletion (Sec. 34 (F))
 Charitable contribution (Sec. 34 (H))
 Research & development (Sec. 34 (I))
 Pension trusts (Sec. 34 (J))
Alas, Oplas & Co., CPAs

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