Income Tax Computation

1. Income Tax Computation Corporate Taxpayer

2. What is a corporation? • Corporation – is an artificial being created by law, having the rights of succession and the powers, attributes and properties authorized by law or incident to its existence. • For taxation purposes, corporation shall include – • Partnerships • Joint-stock companies • Joint accounts • Associations • Insurance companies

3. A corporation does not include – • General Professional Partnership • 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 or consortium agreement under a service contract with the government

4. Classification of Corporation • Domestic corporation • Foreign corporation • Resident Foreign – engaged in trade or business within the Phil. Generally, it establishes branch or an office for the purpose of doing business or trade. • Non-Resident Foreign – not engaged in trade or business within the Philippines.

5. Evolution of Corporate Income Tax Rate

6. Taxability of Corporations (RA 9337)

7. Taxability of Corporations Domestic corporations • In general • Taxable on all income Derived from sources Within and without the Phil. 30% • Optional corporate tax rate (based on gross income) 15% • Minimum Corporate Income Tax (MCIT) 2%

8. Taxability of Corporations Domestic corporations • Proprietary educational institutions & hospitals (non-profit) 10% • GOCCs (except GSIS, SSS, PHIC and PCSO) 30% • Improperly accumulated earnings 10% • Passive income • Interest 20% • Interest income from FCDU 7.5% • Royalties 20%

9. Taxability of Corporations Domestic corporations • Capital gains from sale of shares of Stocks not traded in the SE • Not over P100,000 5% - In excess of P100,000 10% • Income from foreign currency loans Granted by depository bank under FCDU 10% • Intercorporate dividends exempt • Capital gains from sale of land and building 6%

10. Taxability of Corporations Resident Foreign corporations • In general • Taxable on all income derived from sources within the Phil. 30% • Optional corporate tax rate (based on gross income) 15% • Minimum Corporate Income Tax (MCIT) 2%

11. Taxability of Corporations Resident Foreign corporations • Gross Philippine Billings • International air carrier 2.5% • International shipping 2.5% • Interest income on foreign currency Loans granted by OBU 10% • Branch profit remittance 15% • Regional or area headquarters exempt • Regional operating headquarters 10%

12. Taxability of Corporations Resident Foreign corporations • Passive income • Interest 20% • Interest income from FCDU 7.5% • Royalties 20% • Income from foreign currency loans Granted by depository bank under FCDU 10% • Capital gains from sale of shares of Stocks not trade in the SE • Not over P100,000 5% • In excess of P100,000 10% • Intercorporate dividends exempt

13. Taxability of Corporations Non-resident Foreign corporations • In general • On gross income received from all sources within the Phils.30% • Cinematographic film owner, lessor, or distributor 25% • Owner/lessor of vessels chartered by Phil. Nationals 4.5% • Owner/lessor of aircraft, machineries & other equipment 7.5%

14. Taxability of Corporations Non-resident Foreign corporations • Interest on foreign loans 20% • Intercorporate dividends 15% • Capital gains from sale of shares of stocks not traded in the SE • Not over P100,000 5% • In excess of P100,000 10%

15. The Normal Corporate Income Tax BIR Form 1702 (General Format for Income tax computation on business income)

16. MINIMUM CORPORATE INCOME TAX (MCIT) RR No. 9-98, as amended by RR no. 12-07

17. Sec. 27(E) and 28 (A)(2) of the NIRC Imposed on: Domestic & Resident Foreign 2% on Gross Income if: - in the 4th year of operation - net loss/zero taxable income/ MCIT is greater than NCIT

18. Gross income Include all items of gross income enumerated under Section 32(A) of the Tax Code, as amended, except income exempt from income tax and income subject to final. withholding tax. For Sale of goods “Gross sales” Include only sales contributory to income taxable under Sec. 27(A) of the Code. “Cost of goods sold” Include all business expenses directly incurred to produce the merchandise to bring them to their present location and use. Gross sales – (cost of goods sold + sales returns + discounts+ allowances)

19. For sale of services “Gross Revenues” Include income from sale of services, likewise, taxable under Sec. 27(A) “Cost of services or Direct cost of Services” Include all business expenses directly incurred or related to the gross revenue from rendition of services. Gross revenue – (cost of services/direct cost + sales returns + discounts + allowances)

20. Illustration • Gross sales/ revenues 1,000,000.00 • Less: Sales Ret., Disc & Allow. 25,000.00 • Cost of Goods Sold/ services 500,000.00 • Gross Income from operation 475,000.00 • Add: Other Income not subject to • Final Tax or Capital Gains Tax 100,000.00 • Total Gross Income subject to MCIT 575,000.00 • ========

21. Carry forward of Excess MCIT • Excess of MCIT over normal income tax shall be carried forward on an annual basis and credited against the normal income tax for the 3 immediately succeeding taxable years. • Excess MCIT can only be credited against the income tax due if the normal income tax is higher than the MCIT

22. Carry forward of Excess MCIT • Excess MCIT which has not or cannot be so credited against the normal income tax due for the 3-year period shall lose its credibility. • Excess MCIT cannot be claimed as a credit against the MCIT itself or against any other losses

23. Carry forward of Excess MCIT • The final comparison between the normal income tax payable and the MCIT shall be made at the end of the taxable year. • The payable or excess payment in the Annual Income Tax Return shall be computed taking into consideration income tax payment made at the time of filing of quarterly income tax returns whether this be MCIT or normal income tax

24. Rules on crediting of tax payments & taxes withheld Annual Computation

25. Rules on crediting of tax payments & taxes withheld Annual Computation Note:The final comparison between the NIT and MCIT shall be made at the end of te taxable year

26. Rules on crediting of tax payments & taxes withheld Annual Computation

27. Rules on crediting of tax payments & taxes withheld Annual Computation Note: Quarterly comparison to determine whichever is higher between the NIT and MCIT shall be done on a cumulative basis

28. Suspension of MCIT • Instances when MCIT may be suspended • Substantial losses on account of – • Prolonged labor dispute • Force majeure • Legitimate business reverses • Who may suspend • Secretary of Finance upon • recommendation of the CIR

29. Suspension of MCIT • Required documentation • Submission of proof by the corporation • Duly verified by the CIR’s duly authorized • representative

30. IMPROPERLY ACCUMULATED EARNINGS TAX(IAET) RA 8424/ RR No. 2-2001/RMC 35-2011

31. CONCEPT OF IAET • Taxpayer is a corporation • Improper accumulation of taxable income beyond the reasonable needs of the business • Non-distribution of earnings/profits to stockholders • The purpose of accumulation is to avoid the payment of the income tax • Imposition of tax equivalent to 10% of the improperly accumulated taxable income • The tax imposed is in the nature of penalty to a corporation for improper accumulation of earnings beyond the reasonable needs of the business

32. EVIDENCE OF PURPOSE TO AVOID THE TAX • The corporation is a mere holding or investment company • Earnings or profits are permitted to accumulate beyond the reasonable needs of the business

33. Reasonable vs. Unreasonable Accumulation • Reasonable Needs of Business: • Immediate needs of business, including reasonably anticipated needs (Immediacy Test) • Unreasonable Accumulation • Not necessary for the purpose of the business considering all circumstances of the case

34. Reasonable Needs of Business • 100% of the paid up capital or the amount contributed to the corporation representing the par value of the shares of stock, hence, any excess capital over & above the par shall be excluded(RMC 35-2011).

35. Reasonable Needs of Business • Earnings Reserved • for definite corporate expansion projects • for building, plant or equipment acquisition • for compliance with loan covenant or pre-existing obligation established under a legitimate business agreement. • Required by law to be retained or with legal prohibition • In case of foreign corporation subsidiaries, intended for investments within the Philippines

36. Unreasonable accumulation of Profits • Investment of substantial earnings and profits of the corporation in unrelated business or in stock or securities of unrelated business; • Investment in bonds and other long term securities; and • Accumulation of earnings in excess of 100% of paid-up capital or contribution representing the par value of the shares of stock.

37. Corporation Exempt from IAET • Banks and non-bank financial intermediaries • Insurance companies • Publicly held corporations • Taxable partnerships • GPP • Non-taxable joint ventures • Firms registered under RA 7916, 7227, and other special ecozones

38. IMPOSITION OF IAET Tax rate 10% Corporations liable Closely-held domestic corporations Deadline 15th day after the end of he year following the close of the taxable year

39. Closely-held corporations: • are corporations at least 50% in value of the outstanding capital stock or at least 50% of the total combined voting power of all classes of stocks entitled to vote is owned directly or indirectly by or for not more than 20 individuals

40. TAX BASE OF IAET (Improperly Accumulated Taxable Income) • Taxable income P xxx • Add: • Income subject to final tax Pxxx • NOLCO xxx • Income exempt from tax xxx • Income excluded from gross income xxxxxx • Total P xxx • Less: Income tax paid for the year xxx • Div. actually or const. paid/issued xxxxxx • Total xxx • Less : Amount that can be retained xxx • IATI Pxxx===

41. Payment of IAET • Dividend must be declared and paid not later than one year following the close of the taxable year • Otherwise, IAET should be paid within 15 days thereafter Once the profit has been subjected to IAET, the same shall no longer be subjected to IAET in later years, even if not declared as dividend. Profits subjected to IAET, when finally declared as dividends, shall be nevertheless be subject to 10% final withholding tax

42. Proprietary Educational Institution Any private school created and organized as domestic corporation and which is maintained and administered by private individuals or groups with an issued permit to operated from DECS, CHED or the TESDA, as the case may be, in accordance with existing laws and regulations. Taxability In general 10% If gross income from unrelated trade, business or other activity exceeds 50% of the total gross income 30%

43. Non-Profit Hospital A non-stock and non-profit domestic corporation organized and created to maintain and administer a hospital without a capital stock divided into shares, and no part of the income of which is distributable as dividends to its members, trustees or officers, but are used only for the furtherance of the said purpose. Hospital means an institution for the reception and care of sick, wounded, infirm or aged persons. It does not include hospitals for the care of animals. Taxability In general 10% If gross income from unrelated trade, business or other activity exceeds 50% of the total gross income 30%

44. Exempted Corporations (Sec. 30) • Labor, agricultural or horticultural organizations not organized principally for profit • Mutual savings bank without capital stock represented by shares and cooperative bank without capital stock organized and operated for mutual purposes and without profit • Beneficiary society, order or association, operating for the exclusive benefit of the members • Cemetery company owned and operated exclusively for the benefit of its members • Non-stock corporation or association organized and operated exclusively for religious, charitable, scientific, athletic, or cultural purposes, or for the rehabilitation of veterans.

45. Exempted Corporations (Sec. 30) • Business league, chamber of commerce, or board of trade, not organized for profit • Civic league or organization not organized for profit but operated exclusively for the promotion of social welfare • Non-stock, non-profit educational institution • Government educational institution • Farmer’s or other mutual typhoon or fire insurance co., mutual ditch or irrigation co., mutual or cooperative telephone co. or like organization of local character • Farmers, fruit growers or like association organized and operated as sales agents of its members and turning back to them the proceeds of sales less the necessary expenses Income from any of their properties or from any activity conducted for profit shall be subject to tax regardless of disposition.

46. Partnership By the contract of partnership, two (2) or more persons bind themselves to contribute money, property or industry to a common fund with the intention of dividing the profits among themselves. Types of Partnership • General partnership (Partnership) • General Professional partnership (GPP) • General Co-ownership

47. General Partnership • A partnership other than GPP • It is considered as a corporation for tax purposes • Partners are considered as stockholders thus, profits distributed are considered as dividends • Partners distributive share in the profits of the partnership is not subject to normal income tax

48. General Professional Partnership • Partnership formed by persons for the sole purpose of exercising their common profession, no part of the income of which is derived from engaging in any trade or business • Not considered as a corporation • GPP is not subject to income tax • Individual partners shall be liable to income tax on his share in the distributable net income of the GPP

49. General Co-Ownership

50. Income Tax Forms and Due Dates