Beruflich Dokumente
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INCOME TAXATION
BASIC CONCEPTS OF PHILIPPINE INCOME TAXATION
i.
Forced sales
ii.
Sale of principal residence
iii.
Alternative taxation in case of sale to government
iv.
(Note: If the property sold is an ordinary asset: CIR
v. UCPB, GR No. 179063, 23 October 2009)
v. Issues re foreclosed properties:
1. RMC 55-2011 (CGT on foreclosure sales)
2. Supreme Transliner Inc. v. BPI Family Savings
Bank, G.R. No. 165617, 25 February 2011
vi. RMC 007-12
e. Sale of shares of stocks not listed or traded in the stock
exchange
F. The Rules as Applied to Other Sources of Income
a. Cancellation of Indebtedness
b. Income from Lease and Leasehold Improvements
c. Income from Installment Transactions
i. Banas v. CA, G.R. No. 102967. February 10, 2000
d. Income from Long-Term Construction Projects
G. Exclusions by reason of special laws
A. Definition of a Corporation
B. Tests in Determining the Existence of a Corporate Taxpayer
C. The Tests Applied to Partnerships, Co-ownerships and Estates
a. Ona v. CIR, 45 SCRA 74
b. Pascual and Dragon v. CIR, 166 SCRA 560
c. Obillos v. CIR, 139 SCRA 436
d. Afisco Insurance Corp. v. CIR, 1999
e. Evangelista v. CIR, 102 Phil 140
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D. Kinds of Corporations
H. Rules Applicable to Returnable Income
a. Please See R.A. 9337
I. Rules Applicable to Passive Income
a. Tax Sparing Rule
i. CIR v. Proctor and Gamble, 204 SCRA 378
E. Taxes Peculiar to Corporations
a. Minimum Corporate Income Tax
i. CREBA v. Exec. Sec. Romulo, supra
ii. Manila Banking Corporation v. CIR, GR No. 168118, 28
August 2006
iii. CIR v. PAL, GR No. 180066, 7 July 2009
b. Optional Corporate Income Tax
c. Improperly Accumulated Earnings Tax
i. Cyanamid Phils. v. CA, G.R. No. 108067, January 20,
2000 (Immediacy Test)
F. Special Corporations
a. Exempt Organizations and Corporations
i. R.A. 10026 (Re: Tax Exemption of Local Water Districts)
ii. RMC 51-2014
iii. Philippine Amusement and Gaming Corporation vs.
Bureau of Internal Revenue Supreme Court (En
Banc), G.R. No. 215427 promulgated December 10,
2014
b. Corporations enjoying preferential tax rates
i. Domestic
ii. Foreign
1. Branch Profit Remittance Tax
2. Gross Philippine Billings
a. British Overseas Airways Corp. v. CIR, 149
SCRA 395 vis-à-vis Section 23 A (3) (b) and
Rev. Regs. 15-2002
b. South African Airways v. CIR, GR No.
180356, February 16, 2010
c. RA No. 10378, or the Act Recognizing
the Principle of Reciprocity as Basis for
the Grant of Income Tax Exemptions to
International Carriers, an international
carrier doing business in the
Philippines may avail itself of exemption
from tax on GPB from carriage of
persons and their excess baggage,
provided its home country also grants
income tax exemption to Philippine
carriers. Considering that Qatar grants
a reciprocal tax exemption to Philippine
air carriers under its Income Tax Law, A
Co. is exempt from income tax on its
GPB from the carriage of persons and
their excess baggage. The exemption
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