By: Cecile Maglunob-Pagaspas, CPA
The Covid-19 pandemic has significantly changed the landscape of the workforce from the typical corporate office setting to a work from home environment. Along with this, many companies have opted to work with digital freelancers instead of employing a regular employee to manage their business risk while it is still uncertain as to when this difficult time would end. Despite the savings and lower business risks of this set-up, business owners should bear in mind the related tax implications of their transactions with digital freelancers and should ensure to properly apply the rules on withholding tax for every payment made to them.
Revenue Regulation 11-2018 specifically states that “Persons engaged in the sale of computer services, computer programmers, software/program developer/designer, internet service providers, web page designing, computer data processing, conversion or base services and other computer related activities” are categorized as Other Contractors and payments made to them should be withheld with 2%.
Illustrative example:
You have contracted Mr. F, an IT programmer, to do your website for a contract amounting to PhP 1,000,000 (VAT exclusive). Based on your agreement, you have to pay 50% of the contract price upon contract signing and 50% upon completion.
Professional Fee (50%) PhP 500,000
Less: 2% Withholding Tax (10,000)
Net Payment PhP 490,000
Applying the rule, you should pay Mr. F an amount of PhP 490,000 on the first payment and remit to the BIR the PhP 10,000 as withholding tax on or before the 10th day of the following month. It should be included in your monthly remittance to the BIR using BIR Form 0619-E and quarterly reporting for expanded withholding tax using BIR Form 1601-EQ. The same principle applies when you pay the other part of the contract upon completion.
Failure to withhold the correct amount will expose the buyer of the service to tax penalties due to non-compliance. As a rule, the buyer is considered to be a withholding agent and the same should ensure that the amount entitled to the government is properly withheld and paid on the prescribed date. As an implication, the buyer will be penalized by the BIR for such failure wherein a surcharge of 25% on the amount due will be imposed or 50% on the amount due for the willful neglect of the rules. On top of that, an interest penalty of 20% per annum will be imposed which shall be computed from the date such amount is required to be paid up to the settlement date.
Illustrative Example:
The BIR found out your failure to remit the required withholding tax on your payment to the IT programmer 12 months after the transaction.
Surcharge:
Withholding tax due – Php 20,000
Surcharge: 25%
Surcharge Penalty PhP 5,000
Interest Penalty:
Withholding tax due – PhP 20,000
Interest for 12 months 20% (12% under TRAIN)
Interest Penalty PhP 4,000
Total amount to be remitted to the BIR
Withholding Tax: PhP 20,000
Surcharge Penalty: 5,000
Interest Penalty: 4,000
Total Amount Due: PhP 29,000
Using the illustration above, you will end up paying a significantly higher amount to the tax authorities for such failure to withhold and remit the withholding tax.
How probable the tax authorities would catch you for such non-compliance? There is no definite answer for that question, but one thing is for sure, the BIR normally checks this area based on our observations no matter the size of the business entity.
Many would argue as well that a lot of business entities employing freelancers do not withhold taxes for the payments made. Unless you want to pay a significantly higher amount with the BIR when the time comes and be noted as one of those tax violators, then you are free to follow the same practice.
Our stand as professional accountants is always on the correct compliance and we highly encourage business owners to develop the same mindset to save their business from unnecessary penalties.
About the writer: Ces is the VP-Operations of Tax & Accounting Center, Inc. and the head of the Outsourcing Service of G. Pagaspas Partners & Co., CPAs, the affiliate accounting firm of Tax & Accounting Center, Inc. She is dedicating her professional practice on advocating proper Philippine Tax Compliance of MSMEs in the hope that these entrepreneurs will be able to save their businesses from unnecessary penalties due to non-compliance. For further inquiries and clarifications, feel free to email us at in**@************er.ph.
PART I
A.1.
On October 5, 2016, the Bureau of Internal Revenue (BIR) sent KLM Corp. a Final Assessment Notice (FAN), stating that after its audit pursuant to a Letter of Authority duly issued therefor, KLM Corp. had deficiency value-added and withholding taxes. Subsequently, a warrant of distraint and/or levy was issued against KLM Corp. KLM Corp. opposed the actions of the BIR on the ground that it was not accorded due process because it did not even receive a Preliminary Assessment Notice (PAN) after the BIR’s Investigation, which the BIR admitted.
A.2.
For purposes of value-added tax, define, explain or distinguish the following terms:
A.3.
All the homeowners belonging to ABC Village Homeowner’s Association elected a new set of members of the Board of Trustees for the Association effective January 2019. The first thing that the Board looked into is the need to increase the prevailing association dues. Mr. X, one of the trustees, proposed and increase of 100% to account for the payment of the 12% value-added tax (VAT) on the association dues which were being collected for services allegedly rendered “in the course of trade or business” by ABC Village Homeowners’ Association.
A.4
Due to rising liquidity problems and pressure from its concerned suppliers, P Corp instituted a flash auction sale of its shares of stock. P Corp. was then able to sell its treasury shares to Z Inc., an unrelated corporation, for Php 1,000,000, which was only a little below the valuation of P Corp’s shares based on its latest audited financial statements. In connection therewith, P Corp, sought a Bureau of Internal Revenue ruling to confirm that, notwithstanding the price difference between the selling price of the shares and their book value, the said transaction falls under one of the recognized exemptions to donor’s tax under Tax Code.
(a) Cite the instances under the Tax Code where gifts made are exempt from donor’s tax. (3%)
(b) Does the above transaction fall under any of the exemptions? Explain (2%)
A.5
A, Resident Filipino citizen, died in December 2018. A’s only assets consist of a house and lot in Alabang, where his heirs currently reside, as well as a house in Los Angeles, California, USA. In computing A’s taxable net estate, his heirs only deducted 1. Php 10,000,000 constituting the value of their house in Alabang, as their family home; and 2. Php 200,000 in funeral expenses because no other expenses could be substantiated.
(a) Are both deductions claimed by A’s heirs correct? Explain. (2%)
(b) May a standard deduction be claimed by A’s heirs? If so, how much and what proof needs to be presented for the same to be validly made? (2%)
(c) In determining the gross estate of A, should the heirs include A’s house in Los Angeles, California, USA? Explain. (2%)
A.6
XYZ Air, a 100% foreign owned airline company based and registered in Netherlands, is engaged in the international airline business and is a member signatory of the international Air Transport Association. Its commercial airplanes neither operate within the Philippine territory nor are its service passengers embarking from Philippine airports. Nevertheless, XYZ Air is able to sell its airplane tickets in the Philippines through ABC Agency, its general agent in the Philippines. As XYZ Air’s ticket sales, sold through ABC Agency for the year 2013, amounted to Php 5,000,000, the Bureau of Internal Revenue assessed XYZ Air deficiency income taxes on the ground that the income from the said sales constituted income derived from sources within the Philippines.
Aggrieved, XYZ Air filed a protest, arguing that, as a non-resident foreign corporation, it should only be taxed for income derived from sources within the Philippines. However, since it only serviced passengers outside the Philippine territory, the situs of the income from its ticket sales should be considered outside the Philippines. Hence, no income tax should be imposed on the same.
Is XYZ air’s protest meritorious? Explain. (5%)
A 7.
Differentiate tax exclusions from tax deductions. (3%)
A.8
B transferred his ownership over a 1000-square meter commercial land and three-door apartment to ABC Corp., a family corporation of which B is a Stockholder. The transfer was in exchanged of 10,000 shares of stock of ABC Corp. As a result, B acquired 51% ownership of ABC Corp., with all the shares of stock having the right to vote. B paid no tax on the exchanged, maintaining that it is a tax avoidance scheme allowed under the law. The Bureau of Internal Revenue, on the other hand, insisted that B’s alleged scheme amounted to tax evasion.
Should B pay taxes on the exchanged? Explain. (3%)
A.9
GHI, Inc. is a corporation authorized to engage in the business of manufacturing ultra-high density microprocessor unit packages. After its registration on July 5, 2005, GHI, Inc. constructed buildings and purchased machineries and equipment. As of December 31, 2005, the total cost of the machineries and equipment amounted to Php 250,000,000. However, GHI, Inc. failed to commence operations. Its factory was temporarily closed effective September 15, 2010. On October 1 2010, it sold its machineries and equipment to JKL Integrated for Php 300,000,000. Thereafter, GHI, Inc. was dissolved on November 30, 2010.
(a) Is the sale of the machineries and equipment to JKL Integrated subject to normal corporate income tax or capital gains tax? Explain. (3%)
(b) Distinguish an ordinary asset from capital asset. (2%)
A.10.
In, 2018, City X amended its Revenue Code to include a new provision imposing a tax on every sales of merchandise by a wholesaler based on the total selling price of the goods, inclusive of value-added taxes (VAT).ABC Corp., a wholesaler operating within City X, challenged the new provision based on the following contentions:1. The new provision is a form of prohibited double taxation because it essentially amounts to City X imposing VAT which already being levied by the national government; and 2. Since the tax being imposed is akin to VAT, it is beyond the power of City X to levy the same.
Rule on each of ABC Corp.’s contentions. (5%)
-END OF PART I-
PART II
B.11.
Mr. D a Filipino amateur boxer, joined an Olympic qualifying tournament held in Las Vegas, USA, where he won the gold medal. Pleased with Mr. D’s accomplishment, the Philippine Government, through the Philippine Olympic Committee, awarded him a cash prize amounting to P 1,000,000.00. Upon receipt of the funds, he went to a casino in Pasay City and won the P 30,000,000.00 jackpot in the slot machine. The next day, he went to a nearby Lotto outlet and bought a Lotto ticket which won him a cash prize of P 5,000.00.
Which of the above sums of money is/are subject to income tax? Explain. (5%)
B.12
JKL–Philippines is a domestic corporation affiliated with JKL-Japan, a Japan-based information technology company with affiliates across the world. Mr. F is a Filipino engineer employed by JKL-Philippines. In 2018, Mr. was sent to the Tokyo branch if JKL-Japan based on a contract entered into between the two (2) companies. Under the said contract, Mr. F would be compensated by JKL-Philippines for the months spent in the Philippines, and by JKL-Japan for the months spent in Japan. For the entirely of 2018, Mr. F spent ten (10) months in the Tokyo branch.
On the other hand, Mr. J a Japanese engineer employed by JKL-Japan, was sent to Manila to work with JKL-Philippines as a technical consultant. Based on the contract between the two (2) companies, Mr. J’s annual compensation would be paid by JKL-Japan. However, he would be paid additional compensation by JKL-Philippines for the months spent working as a consultant. For 2018, Mr. J stayed in the Philippines for five (5) months.
In 2019, the Bureau of Internal Revenue (BIR) assessed JKL-Philippines for deficiency withholding taxes for both M. F and Mr. J for the year 2018.As to Mr. F the BIR argued that he is a resident citizen; hence, his income tax should be based on his worldwide income. As to Mr. J, the BIR argued that he is a resident alien; hence his income tax should be based on his income from sources within the Philippines at the scheduler rate under Section 24(A)(2) of the Tax Code as amended by Republic Act No. 10963, or the “Tax Reform of Acceleration and Inclusion” Law.
B.13.
As a way to augment the income of the employees of DEF Inc., a private corporation, the management decided to grant a special stipend of Php50,000 for the first vacation leave that any employee takes during a given calendar year. In addition, the senior engineers were also given housing inside the factory compound for the purpose of ensuring that there is a breakdown in the factory machineries and equipment.
B. 14.
City R owns a piece of land which it leased to V corp. In turn, V Corp. constructed a public market thereon and leased the stalls to vendors and small storeowners. The City Assessor then issued a notice of assessment against V Corp for the payment of real property taxes (RPT) accruing on the public market building as well as on the land where said market stands.
Is the City Assessor correct in including the land in its assessment of RPT against V Corp., even if the same is owned by City R? Explain. (3%)
B.15.
Mr. C is employed as a chief Executive Officer of MNO Company, receiving an annual compensation of P10,000,000.00, while Mr. S is a security guard in the same company earning an annual compensation of P10,000,000.00, while Mr. S is a security guard in the same company earning an annual compensation of P200,000.00. Both of them source their income only from their employment with MNO Company.
B.16.
B.17.
XYZ Corp. is listed as a top 20,000 Philippine corporation by the Bureau of Internal Revenue. It secured a loan from ABC Bank with 6% per annum interest, All interest payments made by XYZ Corp, to ABC Bank is subject to a 2% creditable withholding tax, At the same time, XYZ Corp. has a trust deposit with ABC Bank in the mount of P100,000,000.00, which earns 2% interest per annum, but is subject to a 20% final withholding tax on the interest income received by XYZ Corp.
B.18.
After a Bureau of Internal Revenue (BIR) audit, T Corp., a domestic corporation engaged in buying and selling of scrap metals, was found to have deficiency income tax of P 25,000,000.00, including interests and penalties, for the year 2012. For 2012, T Corp. filed its income tax return (ITR) on April 15, 2013 because it used calendar year for its accounting. The BIR sent the Preliminary Assessment Notice (PAN) on December 23, 2015, and eventually, the Final Assessment Notice on April 11, 2016, which were received by T. Corp, on the same dates that they were sent. Upon receipt of the FAN, T. Corp filed its protest letter on June 25, 2016.
Thereafter, and without action from the Commissioner of Internal Revenue (CIR), T. Corp. filed a petition for review before the Court of Tax Appeals, alleging that the assessment has prescribed. For its part, the CIR moved to dismiss the case, pointing out that the assessment has already become final because the protest was filed beyond the allowable period.
(a) Is T Corp.’s contention regarding the prescription of the assessment meritorious? Explain.
(b) Should the CIR’S motion to dismiss be granted? Explain.
B.19
On May 10, 2011, the final withholding tax for certain income payments to W Corp. was withheld and remitted to the Bureau of Internal Revenue (BIR), and the corresponding return therefor was concomitantly filed on the same date. Upon discovering that the amount withheld was excessive, W. Corp. filed with the BIR a claim for refund for erroneously withheld and collected final withholding income tax on May 3, 2013. A week after, and without waiting for any decision from the Commissioner of Internal Revenue (CIR), W Corp. filed a petition for review before the Court of Tax Appeals (CTA) to make sure that the petition was filed within the two (2)-year period for claiming refunds.
In resisting the claim, the BIR contended that the claim must be dismissed by the CTA on the ground of non-exhaustion of administrative remedies because it did not give the CIR the opportunity to act on the claim of refund.
B.20.
ABC, Inc. owns a 950-square meter commercial lot in Quezon City. It received a notice of assessment from the City Assessor, subjecting the property to real property taxes (RPT). Believing that the assessment was erroneous, ABC, Inc. filed a protest with the City Treasurer. However, for failure to pay the RPT, the City Treasurer dismissed the protest.
(a) Was the City Treasurer correct in dismissing ABC, Inc.’s protest? Explain.
(b) Assuming that ABC, Inc. decides to appeal the dismissal, where should the appeal be filed?
-END OF PART II-
By: Tax and Accounting Center Philippines
In this article, let us share you an overview on how to compute basic income taxation of employees in the Philippines. For all we know, withholding tax on compensation is made every after payroll throughout the employment but this may not completely pay the income tax liability at the end of the calendar year. Here is how income tax of pure compensation works.
Income tax exemptions of Minimum Wage Earners
To preserve the minimum living standard of the Filipinos, employees paid minimum wage based on the minimum wage set by the DOLE – Regional Tripartite Wages and Productivity Board (RTWPB) of their location are being exempted from income tax on their compensation income. This covers the following:
Minimum wage earners in the Philippines are not subject to withholding tax and are not required to file income tax returns at the end of the year for obviously, they, will not be any tax due under such exemption. However, should there be other taxable income that they shall ear from the employer or from other sources, then, they will lose their tax-exempt status and will be taxable. In such case, their compensation shall be withheld and they might be required to filed income tax return in the Philippines.
Taxable Compensation in the Philippines
As a rule, any amount that the employer gives his employees are taxable compensation, unless otherwise exempted by express provision of laws, rules, and regulations (e.g. de minimis benefits, minimum wage, separation fees, etc.), or that other tax types apply such as fringe benefits subject to fringe benefits tax in the Philippines. The designation of allowances (attendance bonus, travel allowance, food allowance, representation allowance) and other provision is not controlling as to the taxability. To claim non-taxable compensation would be to prove that a provision of law, rule or regulation expressly provides such exemption.
Your gross pay is not the amount subject to withholding using the 2009 withholding tax table. Certain items are deductible from such amount and certain tax-exempt provisions might have been included so they will have to be deducted to arrive at the taxable amount for withholding tax on compensation.
Exemptions of SSS, PHIC, HDMF & Union Dues. This refers to the share of the contribution of the employees to Social Security System (SSS), Philippine Health Insurance Corporation (PHIC or PhilHealth), Home Development Mutual Fund (HDMF of Pag-ibig), and Union Dues for their membership in a legitimate labor organizations or labor unions. SSS and PHIC have their corresponding table of deductions that you need to use, HDMF allowed contribution shall not exceed P100, while union dues is dependent upon the required amount under their union’s policy. Contributing more that the mandatory contributions on SSS, PHIC, and HDMF is not allowed as deductions as it is only limited to the mandatory amount.
Health and Hospitalization Insurance Premium. This applies to employees who secured health and hospitalization insurance in the Philippines, with family gross income of not more than P250,000. They are allowed a deduction of actual premium pair or P200 a month (P2,400 a year), whichever is lower.
Personal Exemptions of Employees. Every is allowed a basic personal exemption (BPE) of P50,000, and its every qualified dependent child ( not more than 21 years old, unmarried, dependent for chief support, and living with the employee) up to four (4) is entitled P25,000 each of additional personal exemption (APE) or up to P100,000. Alas! personal exemptions for employee with four qualified dependents is P150,000 in a calendar year. This amount is intended to cover the personal living expenses of the employee and its qualified dependents. In the 2009 withholding tax taxable, the personal exemptions and additional personal exemptions are already included.
Other tax-exempt provisions. This may refer to other employee provisions not subject to tax or covered by other tax types. Example is the de minimis benefits exempted from tax (e.g. rice allowance, monetized unused vacation leave credits, etc.). Another example is the fringe benefits covered by fringe benefits tax for managerial and supervisory employees (e.g. housing, car plan, etc.).
Employer’s withholding every payroll
Every payday, the employer will compute the withholding tax on compensation. It will remit the withholding taxes on compensation in the Philippines using BIR Form No. 1601-C not later than the 10th day of the month following the applicable payroll month. During January after the end of the year, the employer will make annual computations of compensation paid during the calendar year. Based on payroll details and tax status of employee, it will make annual computations of income tax using the tax table for 5-32%. It shall file BIR Form No. 1604 CF and will provide BIR Alphalist of Employees as an attachment. Employer will then provide each employee a Certificate of Withholding Taxes on Compensation or BIR Form No. 2316. Here is how the annual income tax on compensation of employees are computed:
Gross Compensation, excluding tax-exempt salaries
Less: SSS, PHIC, HDMF
Equals Taxable Net Income before Personal Exemptions
Less:
Basic Personal Exemptions
Additional Personal Exemptions
Health & Hospitalization Insurance Premium
Equals Taxable Compensation Income
Multiplied by tax table rate 5-32%
equals: Tax Due
less: WithholdingTax Credits covered by BIR Form No. 2316
less Tax Due and Payable.
Annual Income Tax Returns of Employees
The common question is – As an employee, am I required to file annual income tax return in the Philippines?
Employees earning pure compensation income from a single employer who withheld correct withholding tax on compensation is no longer required to file annual income tax return. The certificate of withholding tax on compensation or BIR Form No. 2316 would be equivalent to such annual income tax return and we call this as “substituted filing”. Minimum wage earners are likewise not required to file income tax returns.
Under Section 51(a)2(b) of the Philippines Tax Code, employees deriving compensation concurrently from two or more employees at any time during the year shall file an annual income tax return in the Philippines using BIR Form No. 1700 not later then April 15 of the following year. Likewise, employees with other taxable income outside employment subject to 5-32% is also required to file annual income tax return. Employees who are at the same time engaged in trade or business are required to file income tax return using BIR Form No. 1701 not later than April 15 of the following year.
Disclaimer: This article is for general conceptual guidance only and is not a substitute for an expert opinion. Please consult your preferred tax and/or legal consultant for the specific details applicable to your circumstances. For comments, you may please send mail at in**@************er.org.
By: Garry S. Pagaspas, CPA
Let me share you an overview on how corporate income taxation applies in the Philippines, in general. Let us start with the understanding of the thing called “corporation” by its nature as defined in the Corporation Code of the Philippines and for tax purposes as defined by the National Internal Revenue Code of the Philippines. Please refer hereunder for easy reference:
Corporation Code of the Philippines
“Section 2. Corporation defined. – A corporation is an artificial being created by operation of law, having the rights of succession and the powers, attributes and properties expressly authorized by law or incident to its existence.“
National Internal Revenue Code (NIRC), as amended
“Section 22(B). The term “corporation” shall include partnerships, no matter how created or organized, joint-stock companies, joint accounts (cuentas en participation), association, or insurance companies, but does not include general professional partnerships and joint venture or consortium formed for the purpose of undertaking construction projects or engaging in petroleum, coal, geothermal and other energy operations pursuant to an operating consortium agreement under a service contract with the government. X x x”
From the two definitions, the NIRC definition is much broader because corporation includes partnerships, association, and other juridical entities. This follows that for income tax purposes, there are only two (2) main classifications:
Further, for income tax purposes, a corporation is further classified as follows:
Taxability of income of corporations would depend on the nature of income and the type of corporation. It would be too confusing to discuss them all – DC, RFC and NRFC, so I just limit the discussions to domestic corporations. Income as to nature of income may be classified as follows:
In this post, we will discuss ORDINARY income tax computations so you will be guided comes the ITR deadlines. Mathematically, computation is quite simple:
Gross Sales/Receipts
Less Sales returns and allowances
Equals Net sales/receipts
Less Cost of Sales
Equals Gross Income
Add Other taxable income
Equals Total Gross Income
Less Allowable Deductions
Equals Taxable income
Multiplied by 30% rate
equals Tax Due (compared to minimum corporate income tax (MCIT) 2% of gross income, whichever is higher
less Tax Credits.
The resulting amount will then be the amount that shall be paid to the BIR using BIR Form No 1702Q (Click to download Form) for quarterly filing not later than 60 days from end of the quarter, and BIR Form No. 1702 (Click to download Form) for annual filing not later than the 15th day of the fourth month following the end of taxable year – calendar or fiscal year. If PEZA registered, 2% shall be paid to the municipality where business is located. We will concentrate however on non-PEZA corporations and partnerships for simplicity.
Net Sales/Receipts refers to the gross sales/receipts less cost of sales for seller of goods, or gross receipts less the sales discounts granted, and sales return actually made buy the buyers.
Cost of sales or service refers to the direct costs directly traceable to the finished product or service such as the direct materials used, the cost of workforce in the production, and the factory overhead incurred. This however does not mean that other expenses are not deductible. They are deductible under allowable deductions.
Other taxable income refers to other ordinary income earned during the period on top of the main activity of the corporate taxpayer. Example is interest income from affiliates or subsidiaries, income from sale of assets used in business, and other similar items auxiliary to the operations. Capital gains, exempt income and final income are not included herein.
Total Gross income is the amount being multiplied by 2% for computing minimum corporate income tax (MCIT), and the base for 40% optional standard deduction. MCIT is required for entities beginning the fourth (4) year of operations, except for certain industries exempted from MCIT like banks, insurance companies, finance companies, and the likes expressly provided in the Tax Code. Total gross income is the amount of taxable income before allowable deductions for other business expenses.
Allowable deductions refer to the ordinary, necessary and reasonable business expenses of the taxpayers in the conduct of trade or business. For tax purposes, taxpayer has the choice between the itemized deductions and the optional standard deduction (OSD) introduced by Republic Act No. 9504. Itemized deductions are those expenses traceable to the conduct of operations such as salaries, travel, rental and entertainment expenses, interest, taxes, losses, bad debts, depreciation, depletion, charitable and other contributions, research and development, pension trust, and the likes. In itemized deductions, claimed expenses are required to be substantiated with sufficient documents, if any, like official receipts, invoices, and the likes; must observe the limitations on deductibility on certain items, like interest expense, representation and entertainment, and the likes; and must have been withheld the proper amount upon its payment or accrual. For failure to do so, the expense will not be allowed as deduction and the corporate taxpayer maybe assessed with additional income taxes, plus penalties, if owing.
On the other hand, OSD is an alternative of the taxpayer where 40% is being allowed to be deducted from the gross income without need of substantiation but is irrevocable during the taxable year applied. However, the obligation to withhold on related expenses still remains. As to which is more beneficial between the two, would depend on the circumstances of the corporation because it may be affected by the nature of the industry, the amount of mark-up and other factors. If you would opt for OSD, then, you apply the same on the first quarter of the year and all throughout within the same taxable year.
For tax due purposes, the amount arrived at above using the 30% of taxable income is being compared with the MCIT of 2% of gross income and the higher amount is the one deducted with the allowable tax credits, if any.
Tax credits on the other hand refers to those allowed to be deducted from the tax due like creditable withholding taxes (CWTs) supported by Certificates (BIR Form No. 2307) issued by clients and customers who withheld certain amounts of income tax upon payments. Income taxes paid abroad also fall under this category subject to certain conditions. For subsequent taxable years, prior year’s excess tax credits are also deductible, or taxes in the original return filed, if you are filing an amended tax return.
The new November 2011 version of Corporate Income Tax Return
After computing the above, you are now ready to prepare and file the income tax return (ITR). With the revision of the BIR Form No. 1702 last 2011 (Click to Download), the annual ITR seems to be another challenge. I strongly suggest that you exert extra effort and due diligence in the preparation of these returns. Hire a knowledgeable one or educate yourself with the technicalities to save your funds from being wasted on penalties. Unintended and simple errors and misstatements may prove to be costly, if not, much discomfort on your part. You can amend or revise duly field tax returns as a matter of right within three (3) years from filing not later than due date or from late filing (if filed beyond due date) provided there is yet no ongoing examination of the tax authorities. See to it that computations are in order, that substantiations and documents required as a condition for deductibility of expenses are on file, and that the claimed creditable withholding taxes are properly supported with certificates.
Related Articles:
8 Ways to Learn BIR Tax Compliance
How to Compute OSD
Tax Savings under OSD
(Garry S. Pagaspas is a Resource Speaker with Tax and Accounting Center, Inc. He is a Certified Public Accountant and a degree holder in Bachelor of Laws engaged in active tax practice for more than seven (7) years now and a professor of taxation for more than four (4) years now. He had assisted various taxpayers in ensuring tax compliance and tax management resulting to tax savings rendering tax studies, opinions, consultancies and other related services. For comments, you may please send mail at garry.pagaspas(@)taxacctgcenter.ph.
Disclaimer: This article is for general conceptual guidance only and is not a substitute for an expert opinion. Please consult your preferred tax and/or legal consultant for the specific details applicable to your circumstances. For comments, you may also please send mail at info(@)taxacctgcenter.ph, or you may post a question at Tax and Accounting Center Forum and participate therein.
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