Interest from deposits and yield or any other monetary benefit from deposit substitutes, trust funds and similar arrangements and royalties
On any currency bank deposit, yield or any other monetary benefit from deposit substitutes, trust funds and similar arrangements – Final tax of 20%
Income derived from a depository bank under the expanded foreign currency deposit system
Under the expanded foreign currency deposit system (EFCDS) – Final tax of 7.5%
Capital gain from sale of shares of stock not traded in the stock exchange
On sale, barter, exchange or other disposition of shares of stock ofstockof a domestic corporation not listed and traded through a local stock exchange, held as a capital asset:
On the net capital gain:
(a) First P100,000: Final Tax of 5%
(b) On any amount in excess of P100,000: plus 10% Final tax on the excess
Intercorporate dividends
Dividends received from a domestic corporation
liable to tax under the NIRC- exempt
Exclude:
(1) International carrier (2) Offshore banking units
(3) Branch profits remittances
(4) Regional or area headquarters and regional operating headquarters of multination companies
(NOTE: Expressly excluded as indicated in the SC Syllabus. The following discussion is for
information purposes)
International carrier
Tax Rate and Base – 2.5% on Gross Philippine
Billings (GPB)
What is GPB.—
In the case of International Air Carriers, GPB refers to the amount of:
(a) gross revenue derived from carriage of persons, excess baggage, cargo and mail
originating from the Philippines in a continuous and uninterrupted flight,
irrespective of the place of sale or issue and the place of payment of the ticket or passage document
(b) gross revenue from tickets revalidated, exchanged and/or indorsed to another international airline if the passenger boards a plane in a port or point in the Philippines (c) for flights which originate from the
Philippines, but transshipment of passenger takes place at any port outside the Philippines on another airline, the gross revenue consisting of only the aliquot portion of the cost of the ticket corresponding to the leg flown from the Philippines to the point of transhipment transshipment[RR 15-2002]
Air Canada vs. CIR (CTA Case No. 6572):
(a) A foreign airline company selling tickets in the Philippines through their local agents shall be considered as resident foreign corporation engaged in trade or business in the country.
(b) The absence of flight operations within the Philippine territory cannot alter the fact that the income received was derived from activities within the Philippines.
(c) The test of taxability is the source, and the source is that activity which produced the income.
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In the case of International Shipping, GPB means:
Gross revenue whether for passenger, cargo or mail originating from the Philippines up to final destination, regardless of the place of sale or payments of the passage or freight documents. Offshore banking units
Coverage of the Rule.—
Only income derived by offshore banking units
from foreign currency transactions with:
(1) non-residents,
(2) other offshore banking units
(3) local commercial banks including branches of foreign banks that may be authorized by the BangkoSentralngPilipinas (BSP) to transact business with offshore banking units
Tax Rate.—
Exempt from all taxes, except net income from such transactions as may be specified by the Secretary of Finance, upon recommendation by the Monetary Board to be subject to the regular income tax payable by banks
Exception: Interest income derived from foreign
currency loans granted to residents other than offshore banking units or local commercial banks, including local branches of foreign banks that may be authorized by the BSP to transact business with offshore banking units, shall be subject only to a final tax at the rate of 10%. Branch profits remittances
Taxable transaction – any profit remitted by a
branch of a multinational corporation to its head office
Tax Rate and Base – 15% final tax based on the
total profits applied or earmarked for remittance without any deduction for the tax component. The 15% final tax should excluding:
(a) profits on activities which are registered with the Philippine Economic Zone Authority (PEZA) and
(b) passive income gains and profits received not directly connected with the conduct of its trade or business in the Philippines.
Income not treated as branch profits unless effectively connected with the conduct of trade or business in the Philippines:
(1) Interests, dividends, rents, royalties remuneration for technical services
(2) salaries, wages premiums, annuities, emoluments
(3) other fixed or determinable annual, periodic or casual gains, profits, income
(4) capital gains received during each taxable year from all sources within the Philippines
Notes:
(a) imposed whether the head office of the foreign corporation is located in a tax treaty country, in a tax haven or other non-treaty country.
(b) imposed only on the profits remitted by a Philippine branch to the head office of a
foreign corporation.
Regional or area headquarters and Regional
operating headquarters of multinational
companies
Regional or area headquarters: not subject to
income tax
Regional or area headquarters: a branch
established in the Philippines by multinational companies and which headquarters do not earn or derive income from the Philippines and which act as supervisory, communications and coordinating center for their affiliates, subsidiaries, or branches in the Asia-Pacific Region and other foreign markets.
Regional operating headquarters (a) 10%of their taxable income
(b) a branch established in the Philippines by
multinational companies which are engaged in any of the following services:
(1) general Administration and planning (2) business Planning and coordination
(3) sourcing and Procurement of raw materials and components
(4) corporate finance Advisory services (5) Marketing control and sales promotion (6) Training and personnel management (7) Logistic services
(8) Research and development services and product development
(9) technical Support and maintenance (10) Data processing and communications, and (11) Business development.
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