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TAXATION ATTY. AL S.

MACMOD, CPA
OPT

Summary Rules on other Percentage Taxes Under R.A 8424 as amended by TRAIN Law 2018

Section Tax Base Tax rate


116 Tax on Persons exempt from VAT Gross quarterly
Sales or receipts 3%
117 Percentage tax on domestic
Carriers and keepers of garages; common
Carriers by land Quarterly gross
Receipts 3%

The following shall be considered per unit minimum quarterly gross receipts (for Sec. 117 only)

QUARTERLY
a. Jeepney for hire: Manila and other cities P 2,400
Provincial 1,200
b. Public Utility bus: Not exceeding 30 passengers 3,600
Exceeding 30 but not exceeding 50 6,000
Exceeding 50 passengers 7,200
c. Tax Cab: Manila and other cities 3,600
Provincial 2,400
d. Car for hire: With chauffeur 3,000
Without chauffeur 1,800

118 OPT on international Carriers (Air & Shipping) Gross quarterly Receipts 3%

119 Tax on Franchises:


-On gas & water utilities Gross receipts 2%
-On radio/telephone, broadcasting corp. Gross receipts 3% or pay
VAT at their option

120 Tax overseas dispatch messages Gross quarterly


or conversation originating from receipts from
the Philippines such services 10%

*Exempted from Sec. 120 are:


1. Government
2. Diplomatic services
3. International organizations
4. News services

121 Tax on Banks and non-bank gross receipts 5% / 1%


financial intermediaries from Phil.

On interest commissions and discounts from lending activities as well as income from
financial leasing based on remaining maturities of the instrument:
a. Not in excess of 5 years 5%
b. In excess of 5 years 1%
c. On dividends and
d. On royalties, rentals of property, real or personal, profits from
Exchange and all other items treated as gross income under
Sec.32 of the tax code 7%
122 Tax on finance companies
-from lending Gross receipts – 5%/ 1%
-from other sources Gross income- 5%

123 Tax on life insurance premium Insurance premiums collected 2%

124 a) Agents of foreign insurance Insurance premiums collected 10%


companies (fire/marine or
miscellaneous insurance agent
b) Owners of property who obtain
Insurance directly with foreign
companies On premiums paid 5%
125 Amusement taxes:
Cockpits Gross receipts 18%
Cabarets, night/day clubs Gross receipts 18%
Boxing Exhibitions Gross receipts 10%
(Exempt if a world or oriental championship in any division is at stake, promoted by a
Filipino citizen or Corporation is 60% Filipino owned, and one of the contenders is a Filipino
citizen)
Professional Basketball games Gross receipts 15%
Jai-alai & Race tracks Gross receipts 30%

*For the purpose of the amusement tax, the term “gross receipts” embraces all the
receipts of the proprietor, lessee or operator of the amusement place. Said gross receipts
also include income from television, radio, and motion picture rights, if any.

126 Tax on winnings a. Owner of winning race 10% of the prize


horses
b. Winner of the prizes in
double forecast/quinella &
trifecta bets 4% of the prize
c. Person winning not in
double forecast/quinella & 10% of the net
trifecta bet receipts

127-A Tax on sale, barter or exchange of shares of stock listed and traded through the local stock
exchange-other than sale by a dealer in securities 6/10 of 1% of gross selling price or
gross value in money of the shares of stock sold, bartered, exchanged or otherwise
disposed.

127-B Tax on shares of stock sold or exchanged through initial public offering:

Proportion of shares of stock sold, bartered or exchanged or disposed of the outstanding


shares of stock after the listing in the LSE.

Up to 25% 4% of GSP
Over 25% to 33 1/3% 2% of GSP
Over 33 1/3% 1% of GSP
Exercises:

A. FOX Co. Engaged in stockbrokerage and dealership in __________ 12 If the above income is from a loan extending
securities provided the following data for the 2 nd Quarter over seven years.
of CY: ___________13 Shares of stock 10,000/ sold shares at
P500/share; cost P300/share; not thru LSE
Commission received (NET) P 150, 000 ___________14 If the above sales were made thru LSE
Commission uncollected but earned 250, 000 ___________15 If the above sales were made by a stock
broker involving ordinary assets.
Stock transactions are: (VAT excluded)
Price Cost B. In the following ten questions, write
A Stock P 500, 000 P 350, 000 a- if only the first statement is correct
B Stock 600, 000 500, 000 b- if only the second statement is correct
C Stock 800, 000 650, 000 c- if both statements are correct
d- if both statements are incorrect
Supplies bought P112, 000 VAT included. 1. 1st Statement –A VAT registered person is subject to VAT
regardless of his annual gross sales or receipts.
A. The percentage of Fox Co, is P______________ 2nd Statement - A person whose annual gross sales or
B. The VAT of Fox Co. is P _____________ receiptsdoes not exceed P100, 000 is not subject to VAT
C. From the following data compute the tax due: but subject to OPT.
___________ 1. Sale of food & refreshment by Manila Hotel 2. 1st Statement – Movie house operators are also subject to
total invoice amount P 4, 480, 000. amusement tax.
___________ 2. Sale of food & refreshment by an operator in 2nd Statement - The 10% overseas communication tax is
a cockpit P300, 000. paid to the person rendering the service.
___________ 3. Receipts of PEGASUS night club for 3 months 3. 1st Statement – Generally OPT Taxes are paid within 20
P 4,500, 000. days after the end of each quarter.
___________ 4. Total cash collections of PBA for the 3 rd Q of 2nd Statement - In bank tax, the basis of the OPT is the
CY P 30, 000,000. bank’s receipts less interest expenses.
____________5. Sales of shares of stock though LSE 20, 000 4. 1st Statement – The tax Code imposes only one kind of
shares sold at P100/share: cost P75/share. amusement tax- The Amusement tax on gross receipts.
___________ 6. Dividends won in a horse race by DOLPHY 2nd Statement - Common carrier’s tax does not include
P50,000 as owner, cost of winning ticket transportation contractors.
1,000. 5. 1st Statement – Amusement tax on winnings is based on
___________ 7. What if the above winning is won from a the winnings before deducting the cost of the ticket.
double bet. 2nd Statement - The OPT on the winnings is deducted
___________ 8. Total receipts of an establishment from from the dividends or prize and remitted to BIR within 25
Boxing Exhibition P2, 000, 000. days from the date it was withheld.
___________ 9. What if the above receipts were from a world 6. 1st Statement – The ½ of 1% OPT on shares of stocks are
championship match between ERAP and imposed on both the transferor and transferee.
CHAVIT both Filipinos in the Phil. promoted 2nd Statement - The above tax shall be remitted within 10
by GLORIA, a Filipino Citizen. banking days from the date of collection by the seller.
__________ 10. Total life Insurance Premiums collected by 7. 1st Statement – The OPT in shares of stocks in closely
Philamlife for the 2nd Q of 2007 P20,000,000. held corporations is imposed on the issuing corporation
___________11 Interest income by BPI from medium-term only.
loans P4,000,000.
2nd Statement - A closely held corporation is any 18. Assuming the taxpayer is VAT-registered, the VAT
corporation wherein more than 50% of the OCS is owned payable is:
directly or indirectly by not more than 20 persons. a. P 2,250 c. P 7,800
8. 1st Statement – All initial public offerings of stocks are b. P 3,000 d. P 6,500
subject to IPO Tax.
2nd Statement - The above tax paid (on the initial 19. One of the following is not subject to the 3% percentage
offering) is deductible expense for income tax purposes. tax.
9. 1st Statement – OPT like VAT is an excise tax, hence also a. International air carrier doing business in the Phils.
a privilege tax. b. International shipping carrier doing business in the
2nd Statement - A person may be subject to VAT and OPT Phils.
on the same transaction. c. Domestic carriers and keepers or garage.
10. 1st Statement – A person may be subject to VAT and d. Franchise grantee of city gas and water supplies.
excise tax on the same transaction.
2nd Statement - A person may be subject to OPT and 20. Franchise grantees of city gas and water utilities is
income tax on the same transaction. subject to a franchise tax of:
a. 2% c. 4%
11. Which of the following statements is incorrect? b. 3% d. 5%
a. A taxpayer whose annual gross receipts/sales exceed
P1.9M shall pay VAT even if he is not VAT-registered. 21. Amounts received for overseas dispatch, message, or
b. A taxpayer whose annual gross receipts/sales do not conversation originating from the Philippines are subject
exceed P1.9M but who is VAT-registered shall pay to:
VAT. a. 3% franchise tax.
c. Percentage tax may be imposed together with VAT. b. 10% overseas communication tax.
d. Percentage tax may be imposed together with excise c. 2% franchise tax.
tax. d. 10% value-added tax.

12. *Just like value-added tax, percentage taxes are paid on 22. A tax on the right or privilege to enter places of
a quarterly noncumulative basis. amusement.
*Generally, every person liable to pay the percentage a. Value-added tax c. Amusement tax
taxes shall file a quarterly return within 25 days after the b. Franchise tax d. Income tax
end of each taxable quarter.
a. True, True c. False, True 23. One of the following is not subject to amusement tax on
b. False, False d. True, False gross receipts.
a. Disco houses c. Professional basketball
13. Which of the following statements is correct? b. Cockpits d. Bowling alleys
a. Cooperatives shall be exempt from the 3% gross
receipts tax. 24. All of the following except one are liable to 6/10 of 1%
b. A VAT-exempt taxpayer who issues VAT invoice shall stock transaction tax. Which one is not?
not be liable to VAT. a. Individual taxpayers, whether citizens or alien
c. Every person liable to the percentage tax shall always b. Corporate taxpayers, whether domestic or foreign
file a separate return for each branch or place of c. Estate and trust
business. d. Dealers in securities
d. Motorized tricycle are not subject to percentage tax.
25. One of the following statements is incorrect.
14. One of the following is subject to common carrier’s tax. a. The 6/10 of 1% tax shall be collected by the brokers
a. Owners of bancas who made the sale and shall be remitted within 5
b. Owners of animal-drawn two-wheeled vehicles banking days from the date of collection.
c. Common carriers by land, air or water for transport of b. The tax paid on sale of shares through local stock
goods or cargoes. exchange and initial public offering (IPO) and
d. Common carriers by land, for transport of secondary offering shall not be allowable deduction
passengers. for income tax purposes.
c. The 6/10 of 1% stock transaction tax is a final
15. A person whose business is to keep automobiles for hire withholding income tax.
or keep them stored for use or order. d. The 6/10 of 1% tax stock transaction is collected
a. Keepers of garage c. Taxicab operators whether there is an income or a loss and is a
b. Common carrier d. Tourist bus operator percentage tax.

16. The franchise tax of grantees of radio and television 26. Grandbaby is a common carrier by land. During a
broadcasting whose annual gross receipts of the particular quarter, its receipts consist of the following:
preceding year do not exceed P10, 000, 000 shall be: Transport of passengers P 1,000,000
a. 2% of the gross receipts Transport of goods 1,500,000
b. 3% of the gross receipts Transport of cargoes 500,000
c. 4% of the gross receipts The common carriers tax payable is;
d. 5% of the gross receipts a. P 30,000 c. P 100,000
b. P 90,000 d. None
17 & 18 are based on the following
In the third quarter of CY, a taxpayer engaged in the sale of 27. Using the data in no. 26, the output VAT is: (Figure w/out
services whose annual gross receipts do not exceed P 3M has VAT)
the following data: a. None c. P 100,000
Accounts receivable, beginning of quarter P 50,000 b. P360,000 d. P 240,000
Sales during the quarter, on account 100,000
Accounts receivable, end of quarter 75,000
Purchase of supplies, total invoice amount 11,200
28. Using the data in no. 26, the TAX due is, (assuming
taxpayer is common carrier by sea)
17. The percentage tax due for the quarter is: a. None c. P 100,000
a. P 2,250 c. P 7,500 b. P360,000 d. P 240,000
b. P 3,000 d. P 6,500
29. Mr. J. Cruz is the owner of a small variety store. His gross a. None c. P 300,000
sales in any one year did not exceed P3M. He is not VAT- b. P 500,000 d. P 900,000
registered. The following data are taken from the books
of the variety store for the quarter ending March 31 of 35. Assuming the above is not a world championship but a
CY. Philippine national boxing championship, how much is the
Merchandise inventory, Jan. 1, CY P 100,000 amusement tax?
Gross sales 450,000 a. None c. P 300,000
Purchase from VAT-registered b. P 500,000 d. P 900,000
suppliers 350,000
Interest Income, BPI 50,000 36. KAPUSO is a radio-tv broadcasting franchise grantee.
The percentage tax due is: During the preceding year, its gross receipts did not
a. P 54,000 c. P 16,500 exceed P10,000,000. During the first quarter of the
b. P 13,500 d. P 15,000 current year, it has the following data:

29.B. The Income Tax Due if he opted for the 8% rule under Gross receipts, sale of airtime P 2,000,000
TRAIN is: Gross receipts, use of radio 500,000
a. P 36,000 c. P 4,400 station’s communication facilities
b. P 7,600 d. P 800 Business expenses 700,000
The franchise tax due for the quarter is:
30. KWING WATER COMPANY (KWC) is a holder of franchise a. P 60,000 c. P 75,000
to sell water services. In a particular quarter, its gross b. P 40,000 d. P 39,000
receipts amounted to P 2,000,000. It has also receipts
from the lease of its auditorium and theatre amounting to 37. APOL GANGNAM a horseracing enthusiast and owner of
P600, 000. winning horse has the following winnings during a
The percentage tax due for the quarter is: particular race day:
a. P 40,000 c. P 100,000 Total winnings P 10,000
b. P 60,000 d. P 92,000 Cost of winning tickets 500
Price received as owner of winning
31. Emong operates a cockpit. Inside the cockpit, he also horse 50,000
operates a restaurant. Data for the particular
quarter follow: The tax on winning is:
Gross receipts a. P 1,000 c. P 950
Cockpit operation P 500,000 b. P 400 d. P5,950
Restaurant operation
Sale of food 100,000 38. LAILAH invested P500,000 in the shares of stock of Manila
Sale of liquor 150,000 Trading Corp. Later she sold the said shares for only
The amusement tax due is: P350,000. The corporation’s shares are listed and are
a. P 90,000 c. P 225,000 traded in the local stock exchange. The percentage tax on
b. P 135,000 d. P 75,000 the sale is:
a. None c. P1,750
32. Using data in no. 31, except that the restaurant is not b. P2,500 d. P2,100
owned by Emong but is owned by another person.
Chikababes, not VAT-registered and whose annual gross 39. Using the same data in no.38 and assuming that LAILAH
sale never exceeded P3 M. The amusement tax due is: sold the shares to NASH, a direct buyer, the capital gain’s
a. P 90,000 c. P 225,000 tax due is:
b. P 135,000 d. P 75,000 a. None, because it is subject to percentage tax
b. P2,500
33. Continuing to no. 32, the percentage due from c. P1,750
Chikababes is: d. None, because there is no net capital gains.
a. P 90,000 c. P 225,000
b. P 135,000 d. P 7,500 40. MR. DIAMOND, a dealer in securities, sold P1,500,000
worth of shares she held as investment. The
34. J. Santos promoted a world boxing championship in shares sold were acquired for P 1,000,000 and were listed
Manila featuring Manny Yapak, a Filipino champion. Gate and traded in the local stock exchange.
receipts amounted to P 3, 000, 000 and additional The percentage tax due on the sale is:
receipts from television coverage was P 2, 000, 000. The a. None c. P 2,500
amusement tax due is: b. P 7,500 d. P 5,000

“ Act as if it were impossible to fail.”


- Dorothea Brande

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