Tax Remedies and Assessment Guidelines
Tax Remedies and Assessment Guidelines
====================
Section
06(C)
of
NIRC:
Presumptive
Gross
Sales
or
Receipts
Method
Note:
BIR
has
the
power
to
fix
a
presumed
sales
or
receipts;
this
is
rebuttable;
no
violation
of
due
process
because
there
can
only
be
a
violation
if
the
presumption
is
conclusive.
The
BIR
can
fix
a
presumed
sales
or
receipts
in
two
instances:
(1)
when
the
taxpayer
fails
to
issue
receipts
or
invoices;
(2)
if
his
books
of
accounts
do
not
reflect
the
correct
sales
or
receipts
or
income
as
the
maybe;
====================
Cash
Expenditure
Method
Example:
Taxable
Year
(TY):
beginning:
100,000
during:
200,000
Total
income
for
the
TY:
300,000
Expenses:
400,000
The
difference
of
100,000
3
Selle
Arcillas
*
UST
Faculty
of
Civil
Law
between
the
total
income
for
the
taxable
year
and
the
expenses
is
the
unreported
income.
Best
Evidence
Obtainable
Rule
(BEO)
Section
06(B)
This
may
be
resorted
to
by
the
BIR
in
4
instances
when:
FINE
(1)
the
taxpayer
filed
a
false
report;
(2)
an
incomplete
report
is
filed;
(3)
no
report
at
all
is
filed;
(4)
an
erroneous
report
is
filed;
A.2.
COLLECTION
NIRC
Local
Government
Real
Property
Taxation
Tariff
&
Customs
Code
Taxation
Rules
on
Prescriptive
Period
to
collect
IR/Local/Real
Property/Tariff
Taxes
Basis:
Basis:
Basis:
Basis:
Section
203,
222
Section
194
Section
270
Section
270
1.
Section
203
5-‐year
period
to
collect;
5-‐year
period
to
collect;
3-‐year
period
to
collect;
(before
it
is
1
year)
*This
is
subject
to
conflicting
views.
10-‐year
period
to
collect
10-‐year
period
to
collect
BIR’s
view:
5
years
Tax
Authors:
3
years
-‐
applies
if
there
was
-‐
applies
if
there
was
fraud
employed
fraud
employed
Justice
D:
What
is
clear
is
in
Section
222
you
will
find
the
5-‐year
period.
>
Sec.
222(a)
its
clear
that
it
is
5
years
if
there
is
a
prior
assessment;
if
there
is
none
apply
the
10
year
period;
In
these
2
provisions,
in
203
(return
is
neither
false
nor
fraudulent)
and
222
(return
if
FFF),
the
BIR
has
2
options:
OPTION
01:
to
conduct
a
prior
assessment
before
collection
4
Selle
Arcillas
*
UST
Faculty
of
Civil
Law
(this
is
the
common
provision
between
203
&
222);
OPTION
02:
BIR
may
immediately
resort
to
collection
without
prior
assessment;
Justice
D:
So
how
do
we
apply
the
rules
on
prescriptive
periods
on
these
two
options?
Under
OPTION
01:
Assessment
must
be
made
within
3
years
from
the
filing
of
the
return
if
filed
before
the
deadline,
and
if
on
the
deadline
take
note
of
the
PHOENIX
Doctrine.
Under
OPTION
02:
NOTE:
Prior
assessment
is
not
a
condition
sine
qua
non
before
the
BIR
can
resort
to
collection.
Under
these
two
options
is
where
the
conflicting
views
mentioned
above
arise
(5
or
3
yeas
period
to
collect).
2.
Section
222
5
Selle
Arcillas
*
UST
Faculty
of
Civil
Law
Pacquiao’s
Case:
2
grounds
when
the
CTA
may
enjoin
the
collection
of
IR
Taxes:
when
a.
To
the
opinion
of
the
CTA
the
collection
of
these
taxes
will
jeopardize
the
interest
of
the
taxpayer
or
the
government;
b.
The
taxpayer
(Pacquiao)
must
post
a
surety
bond
not
more
than
double
the
amount
of
that
unpaid
taxes,
interests
and
surcharges;
(2)
when
a
request
for
reinvestigation
is
granted;
(3)
an
answer
to
a
petition
for
review
filed
by
the
taxpayer
before
the
CTA;
(4)
Waiver
of
statute
of
limitations;
(5)
No
property
can
be
the
subject
of
distraint
or
levy;
Remedies
Against
a
Collection
Case
Pending
Protest
Q:
Pending
Protest:
May
the
BIR
resort
to
collection
without
resolving
such
The
rules
under
the
NIRC
doesn’t
apply
here.
protest?
A:
YES.
The
local
treasurer
or
customs
officer
as
the
case
may
be
is
required
to
rule
on
the
protest
or
request.
Republic
vs.
Lim
16
SCRA
584:
SC:
The
BIR
need
not
There
is
no
jurisprudence
on
this
yet.
rule
on
such
protest.
When
BIR
files
a
collection
case,
the
effect
of
this
is
that
there
is
an
implied
denial
of
such
protest/request
(for
reinvestigation
or
motion
for
reconsideration).
*Collection
case
=
implied
denial
of
the
request/protest.
Remedies
available
to
the
Taxpayer
(Jurisprudence):
1.
An
implied
denial
is
considered
as
a
decision
by
the
BIR
appealable
to
the
CTA.
2.
File
a
motion
to
dismiss
the
collection
case
on
the
ground
that
the
action
is
premature
(as
you
have
6
Selle
Arcillas
*
UST
Faculty
of
Civil
Law
already
appealed
the
decision
of
the
BIR).
Rule
on
Issuance
of
Injunction
Order
CTA
has
the
authority
to
Q:
May
the
RTC
issue
an
injunction
or
restraining
order
Jurisprudence:
restrain
the
collection
of
IR
with
respect
to
the
collection
of
local
taxes
and
real
Rallos
vs.
Galco
(?)
taxes
+
2
requisites
property
tax?
A:
Justice
Vitug’s
opinion:
There
is
really
no
provision
RTCs
have
no
jurisdiction
to
under
RA
7160
on
“no
injunction
rule”
unlike
under
the
restrain
the
seizure
or
NIRC.
But
SC
said
that
the
collection
of
local
taxes
and
real
forfeiture
of
smuggled
property
taxes
may
still
be
restrained
applying
Section
58.
goods.
This
is
Justice
D’s
humble
contribution
to
Remedial
Law:
This
is
where
you
apply
the
CSP
Doctrine
of
Primary
1.
There
must
be
clear
and
unmistakable
right
Jurisdiction.
It
is
an
2.
There
must
be
substantial
and
material
violation
exclusive
original
of
such
right
jurisdiction
by
the
Collector
3.
Paramount
or
urgent
necessity
to
issue
the
writ
to
of
Customs
in
the
first
prevent
irreparable
damage
instance
whose
decision
may
be
reviewed
by
the
CIR.
If
these
conditions
are
met
then
yes,
the
collection
of
local
or
real
property
taxes
may
be
restrained
by
the
Court.
B.
Administrative
Remedies
available
to
the
Government:
Administrative
Remedies
that
may
be
Local
Real
Property
Tariff
&
Customs
availed
of
by
the
NIRC
Government
Taxation
Code
Government
Taxation
a.
Under
Section
to
that
claim
based
1204:
The
goods
on
judgment.
must
be
in
the
*
Civil
Law
on
custody
of
the
BOC
Preference
&
Concurrence
of
b.
the
importation
is
Credits:
#1
on
the
neither
prohibited
list
is
Taxes
except
neither
irregular;
when
the
property
is
not
specific.
*
If
the
importation
is
irregular
or
prohibited
the
remedy
is
seizure.
Distraint
of
Personal
✔ ✔ ✖
✔
Property
*
Basis:
Section
207A
*
Basis:
Section
175
(Because
the
subject
*
Basis:
Section
2301
here
is
real
property
7
Selle
Arcillas
*
UST
Faculty
of
Civil
Law
and
distraint
*
Seizure
is
the
word
pertains
to
personal
used
under
the
TCC.
property.)
*
Forfeiture
is
the
(Section
24B
is
an
penalty,
seizure
is
the
erroneous
provision).
remedy;
*
Nature
of
forfeiture
proceedings:
in
rem
but
they
are
not
criminal
in
nature
Levy
on
Real
✔ ✔ ✔ ✖
Property
*
Basis:
Section
207B
*
Basis:
Section
176
*
Basis:
Section
257
(Because
the
subject
here
are
goods,
*Section
213:
*
Section
178:
articles
and
* Section 260
✔ ✔ ✔ ✔
Civil
Action
*
Basis:
Section
205
*
Basis:
Section
183
*
Basis:
Section
266
*
Basis:
Section
2401
(BIR
can
file
a
civil
of
RA
7160
case
in
court)
✖
Criminal
Action
✔
✔ *
Basis:
Q:
Sections
194
and
270
mentioned
fraud,
*
Basis:
Section
205
Section
3601
with
that
word,
does
that
imply
that
LGUs
can
institute
criminal
proceedings
in
court?
A:
NO;
there
is
really
no
authority/provision
granting
the
LGUs
to
institute
criminal
proceedings
in
courts
even
if
there
was
fraud
employed.
Prescriptive
Periods
Criminal
Action
Section
281:
5-‐year
prescriptive
period.
8
Selle
Arcillas
*
UST
Faculty
of
Civil
Law
The
application
of
the
5-‐year
period
depends
upon
the
nature
of
the
criminal
violation:
(Lim
Sr.
vs.
CA)
1.
Failure
to
file
a
return:
*
Count
the
5
year
period
from
the
service
of
the
final
notice
of
assessment
2.
Filing
of
a
false
or
fraudulent
return:
*
Section
281:
Count
the
5
year
period
from
the
commission
of
such
violation;
if
such
commission
is
unknown,
from
the
discovery.
NOTE:
“From
the
discovery
of
such
violation
and
institution
of
criminal
proceedings”.
-‐
don’t
forget
the
and
-‐
this
means
that
the
institution
of
criminal
proceedings
will
only
commence
to
run
if
there
is
such
judicial
proceedings
for
its
punishment
or
investigation
SC:
practically,
the
period
is
imprescriptible
because
the
filing
D.
Administrative
Remedies
available
to
the
Taxpayer
Administrative
A:
Start
with
“what
must
be
disputed?”
>
final
notice
of
assessment;
this
must
be
questioned
before
the
BIR
then
raffled
off
to
CTA
division
within
then
CTA
en
banc
then
SC.
*RR
18-‐2013:
“formal
letter
of
demand
with
assessment
notice”
>
this
is
equivalent
to
final
notice
of
assessment.
3-‐Notice
Rule:
*Keyword:
MACEN
will
help
you
remember
when
PAN
may
be
dispensed
with
(section
228):
1.
Mathematical
error
-‐
you
can
easily
determine
the
tax
liability
here
that
is
why
PAN
is
dispensed
with
*
Recall:
BIR
has
180
days
to
resolve
the
request.
If
the
decision
was
made
within
this
period,
such
denial
of
written
claim
for
refund/MR/Reinves
may
be
elevated
to
the
CTA
division
within
30
days
from
receipt
thereof.
*
Inaction
on
the
part
of
BIR/
no
decision
was
made
by
BIR:
Section
228
provides
one
remedy:
within
30
days
from
the
lapse
of
the
180d
period,
the
taxpayer
may
appeal
such
inaction
to
the
CTA.
*
SC
in
Lacsona
Case:
additional
remedy:
you
may
await
the
decision
of
the
BIR
which
may
be
rendered
for
few
years.
*Justice
Peralta:
there
are
2
exclusive
options
when
there
is
inaction
in
the
part
of
BIR:
11
Selle
Arcillas
*
UST
Faculty
of
Civil
Law
a.
Taxpayer
may
appeal
the
inaction
within
30d
from
the
lapse
of
the
180d;
or
b.
He
may
await
such
decision
of
the
BIR
and
when
he
receives
such,
he
may
appeal
the
same
within
30d
from
the
receipt
thereof.
BRIEF
PROCEDURE
OF
PROTEST:
Q:
Is
a
motion
for
reconsideration
against
the
decision
denying
your
MR/Rein
of
the
BIR
allowed?
A:
SC
ruled
MR
is
not
allowed.
It
will
never
toll
the
30day
period
within
which
to
appeal
with
the
CTA.
Q:
How
about
motion
for
extension
of
time
to
file
a
petition
for
review
under
Rule
43,
is
this
allowed?
A:
In
Metroshopping
Corporation
vs.
Toledo,
SC
held
that
that
is
allowed.
Rule
07
of
the
Rules
of
the
CTA
allow
the
same
applying
in
suppletory
character
the
provisions
of
Rules
43,
44
which
allow
extension
of
time.
*
File
a
petition
for
review
under
Rule
42
raising
questions
of
facts
or
law
or
both.
This
case
will
first
be
raffled
off
to
CTA
division
whose
decision
is
appealable
to
CTA
en
banc.
Q:
What
is
the
applicable
prescriptive
period?
A:
Rule
08,
section
3(b)
of
the
Rules
of
the
CTA
provides
for
15-‐day
period.
When
you
appeal
a
CTA
decision
in
division,
the
petition
that
must
be
filed
is
under
Rule
43.
Q:
Is
a
motion
for
reconsideration
mandatory
(on
the
CTA
division’s
ruling)
before
you
can
elevate
it
to
CTA
en
banc?
A:
Rule
08
of
the
Rules
of
the
CTA
states
that
MR
is
mandatory.
Q:
Is
a
motion
for
extension
of
time
to
file
a
petition
for
review
under
Rule
45,
is
this
allowed?
A:
Yes.
*CTA
en
banc
decision
is
the
one
that
may
be
elevated
to
the
Supreme
Court.
Q:
What
is
the
applicable
prescriptive
period?
A:
Rule
16
of
the
Rules
of
the
CTA
pursuant
to
RA
9282
provides
for
15-‐day
period
(15
days
from
the
receipt
of
the
decision
of
the
CTA
en
banc)
Q:
Is
a
motion
for
reconsideration
allowed
(on
the
CTA
en
banc’s
ruling)
before
you
can
elevate
it
to
SC?
A:
Rule
16
of
the
Rules
of
the
CTA
provides
that
the
taxpayer
may
file
an
MR.
Q:
Is
a
motion
for
extension
of
time
to
file
a
petition
for
review
under
Rule
45,
is
this
allowed?
A:
Yes.
Discussion:
REFUND
under
NIRC
*
When
a
taxpayer
receives
assessment,
he
may
protest
or
dispute
that
without
paying
the
tax;
-‐
He
must
file
a
motion
for
reconsideration
/
reinvestigation,
or
he
may
pay
the
tax
and
thereafter
file
a
written
claim
for
refund;
*
Unlike
in
protest
where
there
is
a
form
prescribed,
in
refund
there
is
no
standard
form
for
this;
SC
has
emphasized
that
the
tax
refund
must
contain
the
following:
3
indispensible
requisites
of
tax
refund:
1. It
must
be
in
writing
/
written
claim
for
refund;
2. There
must
be
categorical
demand
for
the
reimbursement
of
the
taxes
illegally
or
erroneously
collected;
3. It
must
be
filed
within
the
2-‐year
period
from
the
date
of
payment;
*
Jurisprudence
on
the
2-‐year
period:
12
Selle
Arcillas
*
UST
Faculty
of
Civil
Law
1.
The
decision
of
the
BIR
on
tax
refund
is
appealable
to
the
CTA
division;
-‐
Petition
for
review
under
Rule
42
raising
questions
of
law
or
fact;
-‐
According
to
Rule
04,
Section
3(a)(2),
when
you
appeal
the
BIR
decision
on
tax
refund,
observe
these
two
periods:
a.
30
days
from
receipt
of
the
BIR
decision
denying
the
written
claim
for
refund;
and
b.
it
must
be
filed
within
2-‐years
from
the
date
of
payment
-‐
SC:
General
Rule:
The
2-‐year
period
from
the
date
of
payment
applies:
b.1.
to
the
filing
of
written
claim
for
refund
before
the
BIR;
b.2.
when
a
petition
for
review
of
the
BIR
decision
denying
the
claim
for
refund
is
filed
before
the
CTA
Exceptions:
2-‐year
period
is
not
observed
under
the
following
situations:
1.
a.
precursor
case:
Aichi
Case:
Refund
of
VAT
or
issuance
of
tax
credit
in
regard
to
unutilized
input
tax
-‐
the
2-‐year
period
is
not
applicable
here
-‐
SC:
construed
Section
112(c)
of
the
NIRC
-‐
SC:
there
is
only
one
period
that
must
be
observed
here,
the
30-‐day
period;
-‐
take
note
of
the
120-‐day
period
within
which
the
BIR
may
render
a
decision
-‐
Effect:
a.
30
days
from
receipt
of
the
decision
rendered
within
120
days:
you
may
file
a
petition
for
review
under
Rule
42
b.
BIR
did
not
render
any
decision/
inaction
within
the
120-‐day
period
you
may
appeal
such
inaction
within
30-‐days
from
the
lapse
or
expiration’
of
the
120-‐day
period
c.
Justice
Peralta:
Even
if
the
decision
was
rendered
beyond
the
120-‐day
period,
given
that
the
2-‐year
Period
is
not
applicable,
the
taxpayer
can
still
avail
of
appeal;
Forget
about
the
2-‐year
period
in
refund
of
VAT.
1.
b.
latest
case:
San
Roque
Power
Case:
Refund
of
VAT
13
Selle
Arcillas
*
UST
Faculty
of
Civil
Law
-‐
the
2-‐year
period
is
not
applicable
here
*
NOTES
ON
THESE
2
CASE:
-‐
If
the
subject
of
refund
is
other
than
VAT,
observe
the
2-‐year
period;
-‐
In
cases
of
refund
of
VAT,
observe
the
30-‐day
period
;
3.
The
decision
of
the
CTA
en
banc
is
appealable
to
the
Supreme
Court;
-‐
apply
the
15-‐day
period
*
“Minimum
Compromise
Rate”
means
not
lower
than
10/40%
of
the
total
tax
liability
but
it
may
be
more
than
because
that
is
favorable
to
the
government
*
7
Cases
which
may
not
be
compromised:
WAAFFER
1.
Withholding
tax
cases
2.
Actually
filed
criminal
cases
in
court
(even
if
no
fraud
is
involved)
3.
Approved
scheduled
payments
on
installments
4.
Fraud
in
criminal
cases
/
criminal
fraud
cases
5.
Final
judgment
of
the
court
6.
Estate
tax
cases
if
the
request
for
compromise
is
based
on
financial
incapacity
7.
Report
(final)
regarding
request
for
reinvestigation
or
reconsideration
-‐
situation
here:
taxpayer
agreed
to
such
final
report
and
his
signature
on
that
agreement
is
binding
upon
him
therefore
he
is
estopped
from
raising
this
ground
for
compromise
14
Selle
Arcillas
*
UST
Faculty
of
Civil
Law
========================================================================================
INCOME TAX
========================================================================================
*
4
Rules:
1.
Sources
of
income;
2.
Tax
Base
(whether
you
can
claim
deductions
or
not);
3.
Income
Tax
Rates;
4.
Filing
of
income
tax
return;
*
2
Basic
categories
of
taxpayers:
1.
Individual
Taxpayers;
-‐
Section
61:
taxable
income
of
estates
and
trust
shall
be
computed
in
the
same
manner
and
on
the
same
basis
as
individuals
subject
to
3
exceptions;
2.
Corporate
Taxpayers;
Basis:
Tan
vs.
Del
Rosario
JR.
(237
SCRA
324,
October
3,
1994
SC:
recognized
2
systems
of
income
system:
1.
Schedular:
System/
Approach/Tax
treatment
(all
these
3
terms
refer
to
the
same
concept)
v Jurisprudential
Definition:
“Schedular
approach
system
it
is
a
system
employed
where
the
income
tax
treatment
varies
and
made
to
depend
on
the
kind
or
category
of
taxable
income
of
the
taxpayer.”
v Simplified
Definition:
“it
is
a
system
that
categorizes
income
and
provides
for
different
tax
rules”
• “Varies”
–
different
tax
rules
• “Made
to
depend”
–
merely
classifies/categorzes
income
• you
must
first
classify
the
income
before
you
can
apply
different
tax
rules
v Characteristics
of
Schedular
Tax
System:
/
Why
we
have
adopted
this
system
a.
Categorizes
income
b.
Provides
different
rules
c.
Imposes
different
tax
rates
d.
Covered
taxpayers:
individual
taxpayers
v Passive
income
o Don’t
report
in
ITR
o Subject
to
final
tax
2. Global:
System/
Approach/Tax
treatment
(all
these
3
terms
refer
to
the
same
concept)
v Jurisprudential
Definition:
“it
is
a
system
employed
where
the
tax
treatment
views
indifferently
the
tax
base
and
generally
treats
in
common
all
categorizes
of
taxable
income
of
the
taxpayer”
v Simplified
Definition:
“it
is
a
system
that
provides
for
uniform
tax
rules
and
does
not
generally
classify
nor
categorize
income”
• views
indifferently
–
uniform
tax
rules
15
Selle
Arcillas
*
UST
Faculty
of
Civil
Law
• generally
treats
in
common
all
categorizes
of
taxable
income
of
the
taxpayer
–
global
system
does
not
generally
classify
or
categorize
income
Net
Income
Taxation
Gross
Income
Taxation
Characteristics
/
Features
1. It
allows
deductions
(Sec
34)
1.
It
allows
NO
deductions
2. It
grants
personal
exemptions
(Sec
35)
2.
It
grants
no
personal
exemptions
3. Tax
Base:
Taxable
Income
(Section
31)
3.
Tax
Base:
Gross
Income
(Section
25B)
Jurisprudential
Definition
of
Gross
Income:
Black’s
Law
“Total
income
from
all
sources
minus
deductions,
“Total
income
from
all
sources
before
deductions
exemptions
or
other
tax
reductions”
exemptions
and
other
tax
reductions”
Deductions
Taxpayers
Entitled
to
Deductions:
Taxpayers
NOT
Entitled
to
Deductions:
4
individual
TP
&
2
Corporate
TP
1
Individual;
1
Corporate
A.
Individual
Taxpayers
A.
NRA-‐NETB
>
whose
stay
is
not
more
than
180d
1. RC
(Section
24a1a)
>
entitled
to
personal
exemptions
B.
NRFC
>
Section
23:
entitled
to
deduct
expenses
>
because
the
tax
base
is
gross
without
since
he
can
be
taxed
on
income
derived
within
and
without
2. NRC
(Section24a1b)
>
he
can
claim
deductions
>
entitled
to
personal
exemptions
>
Can
he
claim
expenses
incurred
without?
No,
since
he
can
only
be
taxed
could
only
16
Selle
Arcillas
*
UST
Faculty
of
Civil
Law
be
taxed
on
income
derived
from
sources
within
it
follows
that
he
can
only
claim
expenses
paid
or
incurred
within.
3. RA
Individual
>
he
can
claim
deductions
>
entitled
to
personal
exemptions
>
Can
he
claim
expenses
incurred
without?
No,
because
based
on
Section
23d,
he
can
only
be
taxed
on
income
derived
within.
4. Favorite
Bar
Question:
NRA-‐ETB
(Section
25A1)
>
he
can
claim
deductions
>
Can
he
claim
expenses
incurred
without?
No,
he
can
only
be
taxed
on
income
derived
within.
17
Selle
Arcillas
*
UST
Faculty
of
Civil
Law
only
be
taxed
on
income
derived
within.
>
Section
22H
>
What
may
constitute
“doing
business”?
Jurisprudential
Tests:
SCIA
a. Substance
Test:
It
implies
continuity
of
dealings
b. Contract
Test:
consider
the
place
where
the
contracts
are
perfected
in
claiming
deductions
c. Intetion
Test:
it
is
the
intention
to
continue
the
substance
or
body
of
the
business
in
the
PH
d. Actual
Performance
of
Commercial
(POSSIBLE
BAR
IN
MERC)
Transactions:
It
is
not
enough
that
goods
are
imported
in
the
PH,
there
must
be
an
actual
commercial
transaction
performed
in
the
PH.
DC
and
RFC
CAN
NEVER
CLAIM
ADDITIONAL
PERSONAL
EXEMPTION!
Advantages
Q:
In
your
opinion,
which
is
the
more
better
system
to
adopt?
1.
It
is
a
just,
fair,
equitable
and
reasonable
tax
1.
No
deductions
are
allowed.
system,
Explain:
>
Deductions
are
no
longer
allowed
because
of
the
“because
it
allows
deductions
and
abuse
in
over-‐claiming
deductions,
overstatement
personal
exemptions.
This
is
consistent
with
the
of
expenses,
which
lead
to
graft
and
corruption.
State
Policy
underlying
the
adopting
of
net
The
elimination
of
the
source
of
corruption
will
income
taxation
“to
provide
as
much
as
possible
bring
about
the
generation
of
more
revenues
for
an
equitable
relief
to
a
greater
number
of
the
government.
It
minimizes
graft
and
corruption.
taxpayers
in
order
to
improve
levels
of
disposable
number
of
income
and
increase
2.
It
simplifies
our
income
tax
system.
economic
activity”
>
Since
no
more
deductions
are
allowed,
the
taxpayer
can
easily
compute
their
tax
liability
by
just
2.
It
minimizes
fraud
in
taxpayers’
claim
for
multiplying
the
rate
with
the
taxable
income
in
deductions,
Explain:
order
to
arrive
at
the
tax
liability.
No
need
for
>
Tax
Audit
examination
-‐
measure
designed
to
accountants.
Just
add
all
the
expenses
and
multiply
check
whether
the
claims
for
deduction
with
the
applicable
rate.
taxpayer
are
correct.
3.
Conclusion:
3.
Conclusion:
If
we
minimize
graft
and
corruption,
more
These
two
advantages
will
eventually,
revenues
for
the
government
=
translated
to
more
inevitably
achieve
every
method
and
system
of
services.
If
tax
system
is
simple,
more
people
will
be
taxation
and
that
is
to
generate
more
revenues
for
encouraged
to
pay
since
they
understand
the
system.
the
government
which
may
be
used
to
carry
out
the
legitimate
objectives
of
the
government.
18
Selle
Arcillas
*
UST
Faculty
of
Civil
Law
resident
citizens
can
be
taxed
not
only
from
income
derived
from
sources
within
but
also
income
derived
from
sources
without;
*
There
is
only
one
individual
taxpayer
whose
income
derived
from
sources
without
(global
income)
that
may
be
taxed:
resident
citizen,
all
the
rest
only
income
within
b.
Corporate
taxpayers,
there
are
three:
Domestic
Corporation,
Resident
Foreign
Corporation,
Non-‐resident
Foreign
Corporation
Corporate
taxpayers
are
taxable
on
income
derived
from
sources
within,
except
DC
because
domestic
corporations
can
be
taxed
not
only
from
income
derived
from
sources
within
but
also
income
derived
from
sources
without;
IV.
Tax
Base
*
Questions
themed
as
“whether
or
not
this
taxpayer
can
claim
deductions”,
you
should
take
note
of
this
tax
base,
if:
“Taxable
income”
it
means
deductions
are
allowed.
“Gross
income”
implies
that
no
deductions
are
allowed.
V.
Tax
Rates
*
Tan
vs.
Del
Rosario
JR:
Jurisprudential
Definition
of
“situs”:
RPN
(section
23)
>
“comprehensive
income
tax
situs”
>
Residence
-‐
criteria
in
imposing
tax
on
the
income
of:
RC,
RA,
RFC
Place
-‐
criteria
in
imposing
tax
on
the
income
of:
NRC,
NRA,
NRFC
Nationality/citizenship
of
the
taxpayer
-‐
criteria
in
imposing
tax
on
the
income
of
(irrespective
of
the
source
of
income):
RC,
DC,
19
Selle
Arcillas
*
UST
Faculty
of
Civil
Law
*
Section
42
–
enumerates
the
kinds
and
categories
of
income
>
Consistent
criterion:
place
or
location
-‐
place
where
services
were
rendered,
location
of
property
if
it
involves
rent
income,
3.
The
filing
of
ITR,
the
method
that
may
be
developed
as
provided
for
in
Section
51,
75,
76
and
77:
“Pay
as
you
File
System”
(section
57A1)
-‐
you
pay
your
income
tax
when
you
file
your
income
tax
return;
-‐
How
often
do
you
file?
a.
Individual
taxpayer:
Section
51C:
Annual
Filing
of
income
tax:
Deadline
April
15
b.
Corporate
taxpayer:
Section
77C:
procedure
b.1.
DC
shall
file/declare
its
quarterly
income
tax
return
in
the
1st,
2nd
and
3rd
quarters
in
a
cumulative
basis;
carry
over
in
simple
language
b.2.
DC
shall
then
file
its
Final
Adjustment
Return,
setting
forth
all
the
adjustments
in
its
income
and
expenses
for
the
entire
year
*
applies
only
to
individual
taxpayers
regardless
of
the
amount
of
income
received
as
long
as
the
following
are
met:
*
the
tax
withheld
is
the
same
as
the
income
tax
due;
5.
Statistics
*
more
questions
are
asked
on
individual
taxpayers
than
corporate
taxpayers;
6.
Basis
of
the
government
to
collect:
Partnership
Theory
The
right
of
the
government
to
collect
taxes
emanates
form
the
partnership
in
the
production
of
income
b
providing
protection,
resources
and
incentives
and
proper
climate
for
the
production
of
income.
7.
Tests
of
Taxable
Income:
Filipinas
Synthetic
Fiber
Corp.
vs.
CA
316
SCRA
480
>
The
right
to
receive
and
not
the
actual
receipt
that
determines
when
to
include
in
the
amount
in
gross
income.
>
BIR
Regulation
02,
Section
52:
Constructive
Receipt
of
Income
2
Requisites:
a.
the
amount
must
be
credited
to
the
account
of
the
taxpayer;
set
apart
for
the
taxpayer
e.g.
deposit
in
the
bank,
the
interest
income
is
credited
in
the
account
b.
can
be
withdrawn
without
limitations
or
restrictions
=
the
right
to
receive
B.
Constructive
Receipt/Constructively
Realized
>
Cash/property
dividends
of
RC,
NRC,
RA
(Section
Section
24B2)
,
NRA-‐ETB
(25A2),
>
Share
of
a
partner
from
the
net
income
of
GPP
(Section
26)
*Source:
GPP
is
tax
exempt
*Subject
to
5-‐32%
and
must
be
reported
VS.
>
Share
of
a
business
partner
from
the
net
income
after
tax
of
a
taxable
business
partnership
=
taxable
as
long
as
he
has
the
right
to
receive
(Section
73D);
>Probable
Bar!
20
Selle
Arcillas
*
UST
Faculty
of
Civil
Law
*Source
is
a
taxable
entity
*Subject
to
final
tax
>
Rental
Consigned
to
the
Court
for
unjustified
refusal
to
receive
*
set
apart
for
the
lessor,
he
can
withdraw
it
anytime
>
Rental
Consigned
to
the
Court
for
unjustified
refusal
to
receive
C.
All
Events
Test
(Filipinas
Synthetic
Fiber
Corp.
vs.
CA
316
SCRA
480)
>
applies
to
deductibility
of
expense
>
requisites:
USA
so
that
amount
may
be
considered
as
taxable:
Unconditional,
valid
and
enforceable,
not
subject
to
any
future
time
Susceptible:
the
amount
is
susceptible
of
reasonable
estimate
/
reasonable
accuracy
Amount:
reasonable
expectation
that
amount
will
be
paid
in
due
course
8.
Basis
of
Computation
of
Taxpayer’s
Income
(Section
43)
*
It
shall
be
based
on
the
taxpayer’s
annual
accounting
period.
*
Correlate
with
Section
22
p
and
q
*
2
Accounting
Periods
a.
Calendar
Year
-‐
January
to
December
b.
Fiscal
Year
-‐
ending
on
any
month
other
than
December
Prizes
-‐
threshold
amount:
more
than
10,000
to
be
subject
to
final
tax
Winnings
-‐
except
lotto
and
PCSO
winnings
-‐
no
threshold
amount
Interest
Income
-‐
from
bank
deposits
(PH
currency
or
FX)
21
Selle
Arcillas
*
UST
Faculty
of
Civil
Law
Dividend
Income
(favorite!)
-‐
Subject
to
Final
Tax
if:
a.
recipient
is
an
individual
TP
(Sec24&25)
b.
recipient
is
NRFC:
15%
FT
(Sec28B(50(b))
-‐
NOT
subject
to
Final
Tax/Exempt:
Ø Cancellation
Ø Life
insurance
11.
Misc:
*
Claim
of
right
doctrine:
income
derived
from
legal
or
illegal
sources
are
taxable
(“derived
from
whatever
source”)
*
GR:
Payment
by
mistake
not
taxable
because
of
the
obligation
to
return
it
XPN:
the
recipient
can
dispose
=
taxable
*
GR:
Trust
not
taxable
XPN:
the
recipient
can
freely
dispose
=
taxable
22
Selle
Arcillas
*
UST
Faculty
of
Civil
Law
==========================================================================================
INDIVIDUAL
TAXPAYERS
==========================================================================================
I.
Compensation
Income
Creditor
Employer:
*
determine
first
if:
condoned
the
EE
in
rank-‐and-‐file,
managerial,
supervisory;
consideration
of
apply
the
EE-‐ER
test
services
rendered
>
amounts
to
taxable
a.
rank-‐and-‐file:
compensation
income
23
Selle
Arcillas
*
UST
Faculty
of
Civil
Law
5-‐32%
Don’t
memorize!
Basta
Final
tax
rates
Reporting
Requirement
Must
be
reported
Need
not
be
reported
since
final
tax
Paid
by
employer
[SORRY
AYAW
MA-‐DELETE
NUNG
EXTRA
SPACES]
*
“Gross
Compensation
Income”
-‐
all
remuneration
for
services
performed
by
an
employee
for
his
employer
under
that
Ee-‐Er
relationship
unless
specifically
excluded
by
the
tax
code”
*
“4
Fold
Test
to
Determine
Ee-‐Er
Relationship”
SPDC
Selection
Payment:
Compensation
Dismissal
Control
Test
*
Another
rule
that
only
applies
to
individual
taxpayers:
-‐
From
gross
compensation
income,
individual
taxpayers
can
deduct
personal
exemptions
(section
35);
-‐
Remember
3
items
are
deductible
from
gross
compensation
income
(before
there
are
2):
24
Selle
Arcillas
*
UST
Faculty
of
Civil
Law
claiming
the
additional
personal
exemption
*
Section
35(C):
Change
of
Status:
-‐
additional
dependent
comes
during
the
taxable
year,
he
may
claim
the
additional
exemption
of
25,000;
-‐
death
of
the
dependent;
-‐
dependent
becoming
21
y/o
during
the
taxable
year;
-‐
marriage
of
the
dependent
during
the
taxable
year;
-‐
gainful
employment
during
the
taxable
year;
>
uniform
answer:
despite
these
events
the
taxpayer
may
still
claim
the
additional
personal
exemption
of
25,000
>
all
these
events
occurred
at
the
close
of
the
taxable
year;
II.
Fringe
Benefits
*
Tax
Base:
Grossed
Up
Monetary
value;
tax
rates:
final
tax
rates;
paid
by
employer
*
must
be
correlated
with
the
rules
on
compensation
income;
*
remember
that
compensation
income
is
subject
to
5-‐32%
and
that
income
must
be
reported
by
the
compensation
earner;
VS.
*
fringe
benefits
are
subject
to
final
tax,
therefore
the
managerial
or
supervisory
employee
are
not
required
to
report
such;
*
Fringe
Benefits:
HEV/HIM/EHEL
Housing
Expense
Account
Vehicle
Household
personnel
Interest
on
Loan
Benefit
Membership
benefit
Expenses
for
foreign
travel
Holiday
and
vacay
expenses
Educational
benefit
Life
insurance
premiums
>
RR
3-‐98
provides
for
exempt
housing
units
(not
found
in
the
Tax
Code)
>
Housing
unit
that
is
situated
within
the
business
premises
of
the
ER
(Collector
vs.
Henderson)
1.
Convenience
of
the
Employer
Rule:
-‐
Any
benefit
or
given
or
granted
for
the
convenience
of
the
ER
is
exempt,
this
includes
the
monetary
value
of
the
housing
unit
situated
within
the
premises
of
the
ER
-‐
exempt
because
it
is
granted
for
the
convenience
of
ER
pursuant
to
this
rule
2.
Adjacent
Housing
Unit:
-‐
Exempt?
It
depends:
*
yes,
provided
located
maximum
of
50m
within
the
perimeter
of
the
business
premises
*
expanded
concept
of
the
fringe
benefit
of
housing
unit
3.
Temporary
Housing
Unit:
-‐
Exempt?
It
depends:
*
yes,
if
the
length
of
stay
is
3
months
or
less;
if
more
than
3
months
no
longer
exempt
4.
Military
Housing
Unit
-‐
Exempt?
It
depends:
*
yes,
pursuant
to
the
state
policy
to
provide
housing
within
the
military
camp
so
that
they
may
be
on
call
to
meet
the
exigencies
of
military
service
*
Covered
by
7
Revenue
Regulations:
3-‐98,
10-‐200;
5-‐2008;
10-‐2008;
5-‐2011;
8-‐2012;
1-‐2015
*
Characterisics/Features;
Purpose
1. To
promote:
CHEG
>
Contentment
Health,
Efficiency
and
Good
will
2. Of
relatively
small
value
10,000
in
the
form
of
(1)
CBA
Benefits;
or
(2)
productivity
scheme
benefits
*
Most
Recent
Item
declared
exempt
de
minimis
benefits
(as
of
January
2015):
*
Probable
Bar:
New
Threshold
Amounts
to
be
tax
exempt
1.
Christmas
Gift/Bonus
Threshold:
5,000
(not
taxable)
>
answers
WON
Christmas
pay
is
taxable
2.
Lump
Sum
Limitation:
82,000
(no
longer
30,000)
>
covers:
13th
moth
pay,
Christmas
pay/bonus,
and
3.
Clothing
allowance/
uniform
benefit:
5,000/year
=
exempt;
4.
Employee’s
Achievement
award
(promote
efficiency)
=
10,000
lump
sum
5.
Yearly
medical
=
not
more
than
10,000
6.
Anniversary
=
5,000
7.
Meal
allowance
for
overtime
work
(includes
graveyard
shift)
=
not
more
than
25%
of
the
minimum
pay
8.
Cash
medical
benefits
given
to
dependents
of
employees
=
125
*
Now
there
are
now
11
exempt
de
minimis
benefits;
exclusive
list
IV.
GROSS
INCOME
*
Self-‐Employment
Income
covers:
1.
Business
or
trade
income;
2.
Professional
income
3.
share
of
partner
from
the
income
of
the
partnership
*
Gross
Income/Profit
from
the
conduct
of
trade
or
business
formula:
Gross
sales/receipts
Less:
cost
of
goods
sold
Sales
return
and
allowances
V.
Interest
Income
from
Long
Term
Deposit/Investment
Certificate
(Sec22FF
as
clarified
by
RMC
18-‐2011)
*
Depositor:
individual
taxpayer,
except:
NRA-‐NETB;
(exemption
does
not
apply
to
corporate
taxpayers)
Depositary:
only
banks
(finance
companies/financial
intermediaries
not
qualififed)
Kind
of
Deposit:
time,
savings,
trust
fund,
management
account
(investment
certificate)
Term:
at
least
5
years
(if
less
than
5
years,
exemption
will
not
apply)
VI.
Gains
on
Dealings
with
Properties
>99%
sure
si
Justice
lalabas
to
:D
*definition:
“Ordinary
asset
is
an
asset
that
is
confined
to
the
following…”
-‐
applies
to
both
individual
and
corporate
taxpayers
except
bank
and
trust
companies
IX.
Net
Capital
Loss
Carry
Over
3.
Script
dividend
3.
dividends:
DC
to
DC
4.
dividends:
RC
from
DC
XPNs:
(stock
div
not
tax
exempt)
CURD
Change
in
stockholder’s
interest
Usufructury
recipient
=
taxable
Redemption
of
shares
of
stock
-‐
there
is
a
gain
realized
Disguised
dividends
-‐
dividends
are
guised
as
stocks
to
avoid
tax
XI.
Frequently
Asked
Question
in
32B:
2.
length
of
service:
at
least
10
years
-‐
compulsory
retirement:
of
service
*
terminal
leave
pay
=
exempt
(received
under
a
compulsory
3.
age:
at
least
50
years
retirement
judicially
declared
by
4.
limitation:
availed
of
only
one
the
SC
as
cause
beyond
the
EE’s
>
subsequent
retirement
benefit
received
control)
from
another
private
employer
is
tax
exempt;
if
subsequent
employer
is
1.
source
of
payment:
no
requirement
the
government
the
limitation
does
2.
length
of
service:
no
requirement
not
apply
3.
age:
no
requirement
4.
limitation:
no
limitation
5.
Miscellaneous
Items:
(a)
Section
32B7(a)
(b)
Section
32B7(b)
29
Selle
Arcillas
*
UST
Faculty
of
Civil
Law
Section
32B7(c)
Section
32B7(d)
Awards
,
prizes
Awards:
athletes,
etc.
Requirements
to
be
Tax
Exempt
1.
To
be
exempt
award
Competition
must
be
must
be
received:
sanctioned
by
National
SCRA-‐LEC
Sports
Association:
Scientific
Charitable
Other
Tax
Implications:
Religious
Basis:
RA
7549
Artistic
not
Tax
Code
Literary
1.
Recipient
athlete
of
Educational
civi
the
award:
Civic
tax
exempt
2.
There
must
be
no
2.
donor/contributor:
action
on
the
part
of
exempt
from
donor’s
the
recipient
tax
3.
Must
be
received
3.
donor/contributor:
unconditionally
can
claim
award
as
deduction
from
gross
icome
==========================================================================================
CORPORATE
TAXPAYERS
==========================================================================================
*
YMCA
Doctrine:
(before
this
is
the
St.
Luke’s
Doctrine)
>
Sec30
last
paragraph:
memorize:
(basis
why
YMCA
was
taxed
on
its
rent
income)
>
YMCA
is
a
charitable
institution
and
religious
organization,
but
nonetheless
the
Supreme
Court
ruled
that
it
can
be
taxed
on
rent
income
derived
from
the
lease
of
its
properties;
It
can
still
be
taxed
on
interest
income
from
its
bank
deposits
subject
to
20%;
it
can
still
be
taxed
on
income
derived
from
gain
from
sale
or
exchange
of
real
or
personal
properties;
*
St.
Luke’s
is
a
charitable
institution
but
cannot
invoke
the
exemption
under
Section
30;
it
is
taxable
at
10%
as
nonprofit
hospital
because
one
of
the
requisites
in
NOON
was
not
met;
d.)
No
part
of
its
income
hall
belong
to
or
insure
to
the
benefit
of
the
member,
organizer
*
Therefore,
Section
27(B)
is
the
law
applicable:
*
Preferential
rate
of
10%
is
applicable
to
St.
Luke’s
Medical
Center
*
Section
30(h):
Non-‐stock,
non
profit
Educational
Institutions
a.
Interest
Income:
Test
of
Exemption:
Use
–
if
interest
income
proven
to
be
ADE
used
for
educational
purpose
=
exempt
1.
18
Exempt
Corporations
30
Selle
Arcillas
*
UST
Faculty
of
Civil
Law
Section
22B:
3
corporations
Section
27(c):
4
corporations
Section
30:
11
corporations
1.
GPP
4.
GSIS
2.
Joint
Construction
Venture
5.
SSS
3.
Joint
Consortium
6.
Philhealth
8-‐18:
see
codal
Conditions
to
be
exempt
7.
PCSO
from
corporate
income
tax:
2.
Significant
Corporate
Rules:
MCIT,
IAET,
Tax
Sparing
Credit
Rule
>
Purpose:
To
forestall
the
prevailing
practice
of
corporations
of
over
claiming
deductions
in
order
to
reduce
income
tax
payments
>
Creba
vs.
Romulo:
Its
not
a
tax
on
capital,
it’s
a
tax
on
income
and
the
basis
is
gross
income.
>
4-‐year
Rule:
MCIT
applies
only
to
the
4th
year
of
corporate
existence
because
the
law
recognizes
that
the
first
3
years
is
still
the
adjustment
period/time
to
recover
>
If
a
domestic
corporation
sustained
a
net
loss
or
it
has
no
taxable
income,
it
is
liable
to
pay
MCIT
because
the
basis
is
gross
income
>
If
MCIT
is
more
than
the
normal
income
tax,
apply
the
carry
forward
feature
-‐
the
excess
MCIT
can
be
carried
over
to
the
succeeding
3
consecutive
years
>
The
Secretary
of
Finance
may,
on
equitable
grounds,
suspend
the
application
of
MCIT:
(safeguard
provisions
of
MCIT)
a.
prolonged
labor
disputes
b.
force
majeure
c.
serious
legitimate
business
reverses
b.
Improperly
Accumulated
Earnings
>
Tax
Base:
Improperly
or
unjustified
corporate
earnings
or
profits
>
Tax
Rate:
10%
>
Purpose:
it
is
imposed
by
way
of
penalty
to
corporations
which
withheld
the
declaration
of
dividends
=
unsound
business
practice
>
Immediacy
Test:
test
applied
to
determine
whether
the
corporation
has
used
the
surplus
or
corporate
profits
for
the
reasonably
anticipated
needs/immediate
needs
of
its
business,
if
yes,
this
tax
cannot
be
imposed.
c.
Tax
Sparing
Credit
Rule
>
Tax
Base:
amount
of
cash
or
property
dividend
31
Selle
Arcillas
*
UST
Faculty
of
Civil
Law
>
Tax
Rate:
15%
>
Purpose:
to
encourage
foreign
investors
>
“credit”:
actual
grant
not
required;
it
is
sufficient
to
prove
that
there
is
tax
credit
provision
in
the
foreign
revenue
code
3.
Common
Income
Tax
Rules
(applies
to
both
Individual
and
Corporate
TP)
a. Classification
of
Assets
(Section
39A1)
:
Ordinary
Assets
&
Capital
Assets
GR:
Capital
loss
is
only
deductible
to
capital
gain
(not
to
ordinary
gain)
-‐
but
you
can
deduct
ordinary
loss
from
capital
gain
-‐
applicable
to
both
individual
and
corporate
taxpayers
32
Selle
Arcillas
*
UST
Faculty
of
Civil
Law
(presupposes
that
the
subject
of
sale
is
an
old
principal
residence)
5.
escrow
agreement
d. Sale
of
Shares
of
Stock
1. Listed:
½
of
1%
of
the
gross
selling
price
(considered
as
percentage
tax
not
an
income
tax)
>
It
is
enough
to
know
that
this
involves
capital
transactions
that
if
the
stocks
are:
Listed:
subject
to
percentage
taxes
Not
listed:
subject
to
final
tax
rates
4.
Common
Organizations:
REC
✔
-‐
exempt
✖ -‐
not
exempt
Exemptions
from:
Corporate
Real
Property
Donor’s
Tax
Estate
Tax
VAT
Income
Tax
Tax
(see
enumeration
(see
enumeration
below)
below)
Religious
✔
✔ ✔
✖
provided
ADE
Educational:
Private
✖
✔ ✖
✖
provided
ADE
Non-‐stock
✔
✔ ✔
✖
Non-‐profit
provided
ADE
Government
✔
✔ ✔
✖
provided
ADE
Charitable
✔
✔ ✔
✔
provided
ADE
*10
Exempt
Donations
(inter
vivos
donations
given
to
these
organizations
are
not
subject
to
donor’s
tax):
CARTER-‐CPSS
Charitable
organixation
Accredited
non-‐government
organizations
Religious
organizations
Trust
foundations/organization
Educational
organization
(non-‐stock,
non-‐profit)
Research
organizations
Cultural
organization
Philantropic
Social
welfare
organizations
RA
7549:
contributions
given
to
Sports
competitions
*3
Exempt
Donations
(mortis
causa
donations
given
to
these
organizations
are
not
subject
to
estate
tax):
CSC
Charitable
organixation
Social
welfare
organizations
Cultural
organization
33
Selle
Arcillas
*
UST
Faculty
of
Civil
Law
5.
Allowable
Deductions
Optional
Standard
Deduction
Itemized
Deduction
(section
34L,
amended
by
RA
9504)
34
Selle
Arcillas
*
UST
Faculty
of
Civil
Law
7.
Section
35:
Additional
Personal
Exemptions
a.
Change
of
Status
of
taxpayer
(still
qualified
as
dependent)
*
basis:
Section
35C
last
part:
by
legal
fiction/contemplation
of
law,
marriage
is
deemed
to
have
taken
place
at
the
end
of
the
taxable
year
(as
if
no
marriage)
b.
Marriage
of
dependent
during
the
taxable
year
or
Gainful
employment
(still
qualified
as
dependent)
*
basis:
Section
35C
last
part:
by
legal
fiction/contemplation
of
law…
35
Selle
Arcillas
*
UST
Faculty
of
Civil
Law