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Gross income

 Gross income means all income derived from whatever source, including (but not limited to) the following items:

1. Compensation for services in whatever form paid, including, but not limited to, fees, salaries, wages, commissions, and similar items;

2. Gross income derived from the conduct of trade or business or the exercise of a profession;

3. Gains derived from dealings in property;

4. Interests;

5. Rents;

6. Royalties;

7. Dividends;

8. Annuities;

9. Prizes and winnings;

10. Pensions; and

11. Partner’s distributive share from the net income of the general professional partnership.

COMPENSATION FOR S^ERVICES

Compensation for services

 This means all remuneration for services performed by an employee for his employer under an employer-employee relationship.

Compensation paid in kind

 Compensation may be paid in money or in some medium other than money.

Living quarters or meals

 If a person receives a salary as a remuneration for services rendered and, in addition thereto, living quarters or meals are provided, the value to such person of the quarters and meals so furnished shall be added to the remuneration paid for the purpose of determining the amount of compensation subject to withholding.

 However, if living quarters or meals are furnished to an employee for the convenience of the employer, the value thereof need not be included as part of compensation income. [Section 2.78.1, Revenue Regulations 2-98]

Facilities and privileges of a relatively small value

 Facilities are not considered as compensation subject to withholding if such facilities or privileges are of relatively small value and are offered or furnished by the employer merely as a means of promoting the health, goodwill, contentment, or efficiency of his employees. [Section 2.78.1, Revenue Regulations 2-98]

Tips and gratuities

 Tips or gratuities paid directly to an employee by a customer of the employer which are not accounted for by the employee to the employer are considered as taxable income but not subject to withholding.

Fixed or variable transportation, representation and other allowances

 In general, fixed or variable transportation, representation and other allowances which are received by a public officer or employee or officer or employee of a private entity, in

addition to the regular compensation fixed for his position or office, is compensation subject to withholding.

 Any amount paid specifically, either as advancements or reimbursements, for traveling, representation and other bona fide ordinary and necessary expenses incurred or reasonably expected to be incurred by the employee in the performance of his duties are not compensation subject to withholding, if the following conditions are satisfied:

1. It is for ordinary and necessary traveling and representation or entertainment expenses paid or incurred by the employee in the pursuit of the trade, business or profession; and

2. The employee is required to account or liquidate for the foregoing expenses in accordance with the specific requirements of substantiation for each category of expenses. The excess of actual expenses over advances made shall constitute taxable income if such amount is not returned to the employer.

Vacation and sick leave allowances

 Amounts of vacation allowances or leave credits which are paid to an employee constitutes compensation. Thus, the salary of an employee on vacation or on sick leave, which are paid notwithstanding his absence from work constitutes compensation.

 However, the monetized value of unutilized leave credits of ten (10) days or less which were paid to the employee during the year are not subject to income tax.

IMPOSITION OF FRINGE BENEFIT TAX

Imposition of fringe benefit tax

 A final tax of 32% effective 01 January 2000 is imposed on the grossed-up monetary value of fringe benefit furnished or granted to the employee, except rank and file, by the employer, whether an individual or a corporation.

 The fringe benefit tax is paid by the employer.

 Grossed-up monetary value is acquired by dividing the actual monetary value of the fringe benefit by 68% effective 01 January 2000.

Fringe benefit

 Fringe benefit means any good, service or other benefit furnished or granted in cash or in kind by an employer to an individual employee, except rank and file employees, such as, but not limited to, the following:

1. Housing;

2. Expense account;

3. Vehicle of any kind;

4. Household personnel, such as maid, driver and others;

5. Interest on loan at less than market rate to the extent of the difference between the market rate and actual rate granted;

6. Membership fees, dues and other expenses borne by the employer for the employee in social and athletic clubs or other similar organizations;

7. Expenses for foreign travel;

8. Holiday and vacation expenses;

9. Educational assistance to the employee or his dependents; and

10. Life or health insurance and other non-life insurance premiums or similar amounts in excess of what the law allows.

Fringe benefits which are not subject to FBT

1. Fringe benefits which are authorized and exempted from tax under special laws.

2. Contributions of the employer for the benefit of the employee to retirement, insurance and hospitalization benefit plans.

3. Benefits given to the rank and file employees, whether granted under a collective bargaining agreement or not.

4. De minimis benefits.

5. Fringe benefit is required by the nature of, or necessary to the trade, business or profession of the employer.

6. It is for the convenience or advantage of the employer.

Convenience of the employer rule

 Under this rule, allowances furnished to the employee for, and as a necessary incident to, the performance of his duties are not taxable.

 Thus, the value of meals and living quarters given to a driver who is available any hour of the day when needed by his doctor-employer is not considered income of the said driver.

De minimis benefits

 These are facilities or privileges furnished or offered by an employer to his employees that are of relatively small value and are offered or furnished by the employer

merely as a means of promoting the health, goodwill, contentment, or efficiency of his employee.

GROSS INCOME FROM THE CONDUCT OF TRADE OR BUSINESS

Performance of the functions of a public office

 The term trade or business includes the performance of the functions of a public office. [Section 22(S), NIRC]

INTEREST INCOME

Sources of interest income

1. interest on bank deposit/deposit substitutes/trust fund and similar arrangement

2. interest from lending/interest income from bonds

3. interest on uncollected salary

4. interest on foreign bonds/government bonds

5. interest on treasury bills

6. interest earned from deposits maintained under the foreign currency deposit system 7. interest income of pawnshop operators

Interest income earned by non-stock, non-profit educational institutions

 Interest income shall be exempt only when used directly and exclusively for educational purposes. To substantiate this claim, the institution must submit an annual information return and duly audited financial statement. A certification of actual utilization and the Board resolution on the proposed project to be funded out of the money deposited in banks must also be submitted. [Department of Finance Order 149-95]

R^ENTALS

Operating lease

 An operating lease is a contract under which the asset is not wholly amortized during the primary period of the lease, and where the lessor does not rely solely on the rentals during the primary period for his profits, but looks for the recovery of the balance of his costs and for the rests of his profits from the sale or re-lease of the returned assets at the end of the primary lease period.

Finance lease

 Also called “full payout lease” is a contract involving payment over an obligatory period (also called primary or basic period) of specified rental amounts for the use of a lessor’s property, sufficient in total to amortize the capital outlay of the lessor and to provide for the lessor’s borrowing costs and profits.

 Obligatory period is primary non-cancelable period of the lease which in no case shall be less than 730 days.

 Lessee exercises choice over the asset.

DIVIDEND INCOME

Dividends

 “Dividends” means any distribution made by a corporation to its shareholders out of its earnings on profits and payable to its shareholders, whether in money or in other property.

Kinds of dividend income 1. Cash dividend

2. Stock dividend/stock rights

3. Property dividend 4. Liquidating dividend Stock dividend

 A stock dividend representing the transfer of surplus to capital account shall not be subject to tax.

 It shall be taxable only if subsequently cancelled and redeemed by the corporation.

 It is also taxable if it leads to a substantial alteration in the proportion of tax ownership in a corporation.

When redemption of stock dividends by a corporation is “essentially equivalent to a distribution of taxable dividends” (CIR v. CA, et. al.

, G.R. No. 108576 dated 1/20/99)

 If the source of the redeemed shares is the original capital subscriptions upon establishment of the corporation or from initial capital investment in an existing enterprise, its redemption to the concurrent value of acquisition would not be income but a mere return of capital. On the other hand, if the redeemed shares are from stock dividend declarations, the proceeds of the redemption is additional wealth, for it is not merely a return of capital, and thus, deemed as taxable dividends.

Dividends paid in property

 Dividends paid in securities or other property, in which the earnings of a corporation have been invested, are income to the recipients to the amount of the full market value of such property when receivable by individual stockholders.

 A dividend paid in stock of another corporation is not a stock dividend, even though the stock distributed was acquired through the transfer by the corporation declaring the dividends of property to the corporation the stock of which is distributed as a dividend. [Section 251, Revenue Regulations 2]

Liquidating dividend

 Where a corporation distributes all its assets in complete liquidation or dissolution, the gain realized or loss sustained by the stockholder, whether individual or corporation, is a taxable income or deductible loss, as the case may be.

Disguised dividends

 These are payments which are equivalent to dividend distribution.

 In the case of excessive payments by corporations, if such payments correspond or bear a close relationship to stockholdings, and are found to be a distribution of earnings or profits, the excessive payments will be treated as dividends. [Section 71, Revenue Regulation 2]

EXCLUSION

Exclusion

 Exclusion refers to income received or earned but is not taxable as income because it is exempted by law or by treaty.

Such tax-free income is not to be included in the income tax return unless information regarding it is specifically called for.

Exclusions from gross income 1. Proceeds from life insurance

2. Amount received by insured as return of premium

3. Gifts, bequests and devises

4. Compensation for injuries or sickness 5. Income exempt under treaty

6. Retirement benefits, pensions, gratuities, etc.

7. Income derived by foreign government

8. Income derived by the Philippine Government or its political subdivisions

9. Prizes and awards made primarily in recognition of religious, charitable, scientific, educational, artistic, literary or civic achievement

10. Prizes and awards in sports competitions sanctioned by the national sports associations

11. 13^th month pay and other benefits not exceeding P30,000.00

12. GSIS, SSS, Medicare and other contributions

13. Gains from the sale of bonds, debentures or other certificate of indebtedness

14. Gains from redemption of shares in mutual fund

Retirement benefits, pensions, gratuities, etc.

 Such exclusions include:

1. Retirement benefits under RA No.

7641 or a reasonable private benefit plan

2. Amount received by an official or employee or by his heirs from the employer due to separation from the service because of death,

sickness or other physical disability or for any cause beyond the control of the official or employee

3. Social security benefits, retirement gratuities, pensions and other similar benefits received by resident or non-resident citizens or resident aliens from foreign government agencies and other institutions, private or public

4. Payment of benefits to a resident person under the United States Veterans Administration

5. Benefits received from or enjoyed under the Social Security System

6. Benefits received from the Government Service Insurance System, including retirement gratuity received by government officials and employees

Requisites for exclusion of retirement benefits

1. It must be received under RA 7641 or in accordance with a reasonable private benefit plan maintained by the employer.

2. Retiring employee or official has been in the service of the same employer for at least ten (10) years and is not less than fifty (50) years of age at the time of his retirement.

3. Benefits granted under the provision shall be availed of by an official or employee only once.

Reasonable private benefit plan

 It means a pension, gratuity, stock bonus or profit sharing plan maintained by an employer for the benefit of some or all of his officials or employees, or both, for the purpose of distributing to such officials and employees the earnings and principal of the fund thus accumulated, and wherein it is

provided in said plan that at no time shall any part of the corpus or income of the fund be used for, or be diverted to, any purpose other than for the exclusive benefit of the said officials and employees.

Separation pay and amounts received due to involuntary separation

 Any amount received by an official or employee or by his heirs from the employer due to death, sickness or other physical disability or for any cause beyond the control of the said official or employee is excluded from gross income.

Cause beyond the control of the employee

 The phrase “for any cause beyond the control of the said official or employee”

connotes involuntariness on the part of the official or employee. The separation from the service of the official or employee must not be asked for or initiated by him.

[Section 2.78.1, Revenue Regulation 2-98]

The separation was not of his own making.

Terminal leave pay

 Commutation of leave credits or terminal leave pay are given not only at the same time but also for the same policy considerations governing retirement benefits. Thus, not being part of the gross salary or income but a retirement benefit, terminal pay is not subject to income tax.

[Commissioner v. Court of Appeals, 203 SCRA 72]

 Terminal leave pay is exempt from income tax. [Zialcita case, 190 SCRA 851]

Income derived by a foreign government

 Income derived from investments in the Philippines in loans, stocks, bonds or other domestic securities, or from interest on deposits in banks in the Philippines by:

1. foreign governments;

2. financing institutions owned, controlled, or enjoying refinancing from foreign governments; and

3. international or regional financial institutions established by foreign governments.

Income by the Philippine government

1. Income derived from any public utility or from the exercise of any essential governmental function

2. Accruing to the Government or to any political subdivision thereof.

Prizes and awards in recognition of religious, charitable, scientific, educational, artistic, literary or civic achievement

1. Made primarily in recognition of religious, charitable, scientific, educational, artistic, literary or civic achievement.

2. The recipient was selected without any action on his part to enter the contest or proceeding.

3. The recipient is not required to render substantial future services as a condition to receiving the prize or award.

Prizes and awards in sports competitions

1. Prizes and awards must be granted to athletes in local and international sports competitions and tournaments.

2. Sports competition or tournament held either in the Philippines or abroad.

3. Sports competition or tournament must be sanctioned by their natural sports associations.

D^EDUCTIONS

IN GENERAL

Deductions

 Deductions are items or amounts which the law allows to be deducted under certain conditions from gross income in order to arrive at taxable income.

Deduction v. exemption

 Deduction is an amount allowed by law to be subtracted from gross income to arrive at taxable income. Exemption from taxation is the grant of immunity to particular persons or corporations or to persons or corporations of a particular class from a tax which others generally within the same taxing district are obliged to pay.

Deduction v. exclusion

 Deduction is an amount allowed by law to be subtracted from gross income to arrive at taxable income. Exclusion refers to income received or earned but is not taxable as income because exempted by law or by treaty. Such tax-free income is not to be included in the income tax return unless information regarding it is specifically called for. [Section 61, Revenue Regulation 2]

Basic principles governing deductions

1. The taxpayer seeking a deduction must point to some specific provisions of the statute authorizing the deduction; and

2. He must be able to prove that he is entitled to the deduction authorized or allowed.

Kinds of deductions

1. Itemized deduction which is available to individual and corporate taxpayers

2. Optional standard deduction which is available to individual taxpayers only, except a non-resident alien

3. Special deductions which is available, in addition to the itemized deductions, to certain corporations, i.e. insurance companies and proprietary educational corporations

Time within which to claim deduction

1. As a rule, if a taxpayer does not, within any year, deduct certain of his expenses, losses, interests, taxes, or other charges, he cannot deduct them from the income of the next or any succeeding year.

2. If he keeps his books on the cash receipts basis, the expenses are deductible in the year they are paid.

3. If on the accrual basis, then in the year they are incurred, whether paid or not.

Who may not avail of deductions from gross income?

1. Citizens and resident aliens whose income is purely compensation income.

They are allowed personal and additional exemptions and deduction for premium payments on health and hospitalization insurance.

2. Non-resident aliens not engaged in trade or business in the Philippines

3. Non-resident foreign corporations Deductions from gross income

1. Expenses 2. Interest

3. Taxes 4. Losses 5. Bad debts 6. Depreciation

7. Depletion of oil and gas wells and mines 8. Charitable and other contributions 9. Research and development

10. Pension trusts

11. Premium payments on health and/or hospitalization insurance of an individual taxpayer

Some rules on deduction

 A corporation may avail only of the deductions from (1) to (10); premium payments on health and/or hospitalization insurance is deductible only by an individual taxpayer.

 A corporation may avail only of the itemized deductions; an individual, except a non-resident alien, may elect the itemized deductions or the optional standard deduction.

 Thus, the optional standard deduction is not available to corporations.

 An individual earning purely compensation income is not allowed itemized deductions, except premium payments on health and/or hospitalization insurance. In addition, he is also granted personal and additional exemptions.

 An individual, who earns income other than purely compensation income, is allowed personal and additional exemptions in

addition to the itemized deductions or the optional standard deduction.

Two kinds of deduction available to individuals, except a non-resident alien

1. Itemized deductions

2. Optional standard deduction

Note: Optional standard deduction is not available to corporations.

ORDINARY AND NECESSARY BUSINESS EXPENSES

Business expense v. capital expenses

 Business expenses refer to all the ordinary and necessary expenses paid or incurred during the taxable year in carrying on or which are directly attributable to the development, management, operation and/or conduct of the trade, business or the

 Business expenses refer to all the ordinary and necessary expenses paid or incurred during the taxable year in carrying on or which are directly attributable to the development, management, operation and/or conduct of the trade, business or the

In document Proyecto a partir del modelo TPACK para desarrollar el aprendizaje de la Geografía en los estudios de Grado de Educación Primaria (página 99-111)