INCOME

PRESENTED BY:
CARALIPIO, JEZAMIE C.
WE WILL KNOW:
I. REGULAR OR GENERAL CORPORATE INCOME TAX
II. MINIMUM CORPORATE INCOME TAX
III. OPTIONAL CORPORATE INCOME TAX
IV. IMPROPERLY ACCUMMULATED EARNINGS TAX
INTRODUCTION
Domestic corporations and resident citizens are subject to
The Bureau
Philippine of worldwide
tax on their Internal income;
Revenue administers
foreign
nationalnon-resident
corporations, taxes whilecitizens
the treasurer and
and aliens areassessors
subject to
officestax
Philippine ofondifferent
Philippinelocal governments
source income only. administer
The general
taxation
localframework
taxes. TheforBureau
the Philippines is set collects
of Customs out in thetaxes
National
and Internal
dutiesRevenue
on Code of 1997,
imports. commonly area
Regional
referred to as the Philippine
headquarters (RHQ) are Taxnot
Code. However,
subject laws
to Philippine
relating to tax incentives are generally contained in the
tax; Regional Operating Head Quarters
statute governing the relevant investment incentive and close
(ROHQ) are subject to 10% tax on their taxable
regard needs to be had for frequent regulations and rulings
income.
issued by the Bureau of Internal Revenue.
Taxes are imposed at both national and local government
level.
In General. - an income tax of thirty percent
(30%) is hereby imposed upon the taxable
income derived during each taxable year
from all sources within and without the
Philippines by every corporation.
Optional Corporate Income Tax (Gross Income Tax)
The President, upon the recommendation of the Secretary of Finance may, effective
January 1, 2000, allow corporations the option to be taxed at fifteen percent (15%) of gross
income as defined herein, after the following conditions shall have to be satisfied in the
allowance of optional corporate tax:

a. A tax effort ration of 20% of Gross National Product (GNP);

b. A ratio of 40% of income tax collection of total tax revenue;
c. A VAT effort of 4% of GNP; and
d. A 0.9 ratio of the Consolidated Public Sector Financial Position to GNP.

The option to be taxed based on gross income shall be available only to firms whose ratio of
cost of sales to gross sales or receipts from all sources does not exceed 55%.
Minimum Corporate Income Tax on Domestic Corporations.

Imposition of Tax. - A minimum corporate income tax of two

percent (2%) of the gross income as of the end of the taxable year,
beginning on the fourth taxable year immediately following the year
in which such corporation commenced its business operations.

Carry Forward of Excess Minimum Tax. - Any excess of the

minimum corporate income tax over the normal income tax as
computed shall be carried forward and credited against the normal
income tax for the three (3) immediately succeeding taxable years.
 Description Tax Tax Base
Rate
Domestic corporation

a. In General 30% Taxable Income From All Sources

b. Optional GIT 15% Gross income

c. Minimum Corporate Income tax 2% Gross Income

d. Improperly Accumulated earnings 10% Improperly Accum. Taxable Income

(A) Tax on Resident Foreign Corporations

In General - a corporation organized,

authorized, or existing under the laws of any foreign
country, engaged in trade or business within the
Philippines, shall be subject to an income tax
equivalent to thirty percent (30%) of the taxable
income derived in the preceding taxable year from
all sources within the Philippines.
Optional Corporate Income Tax (Gross Income
Tax) in foreign Corporation

That a resident foreign corporation shall be

granted the option to be taxed at fifteen percent
(15%) on gross income under the same
conditions.
Minimum Corporate Income Tax on Resident
Foreign Corporations

A minimum corporate income tax of two

percent (2%) of gross income, shall be imposed,
under the same conditions, on a resident foreign
corporation taxable.
(B) Tax on Nonresident Foreign Corporation

In General - a foreign corporation not engaged in trade

or business in the Philippines shall pay a tax equal to thirty
percent (30%) of the gross income received during each taxable
year from all sources within the Philippines, such as interests,
dividends, rents, royalties, salaries, premiums (except reinsurance
premiums), annuities, emoluments or other fixed or determinable
annual, periodic or casual gains, profits and income, and capital
gains, except capital gains.
 Description Tax Tax Base
Rate
Resident Foreign Corporation

a. In General 30% Taxable Income From w/in the phils.

b. Optional GIT 15% Gross income

c. Minimum Corporate Income tax 2% Gross Income

d. Improperly Accumulated earnings 10% Improperly Accum. Taxable Income

SEC. 29. Imposition
of Improperly
Accumulated
Earnings Tax
Improperly accumulated earnings tax (IAET) in
the Philippines is imposed upon every corporation
formed or availed for the purpose of avoiding
the income tax with respect to its shareholders or
the shareholders of any other corporation, by
permitting earnings and earnings and profits to
accumulate instead of being divided or
distributed.
In General

In addition to other taxes imposed by this Title,

there is hereby imposed for each taxable year on the
improperly accumulated taxable income of each
corporation hereof, an improperly accumulated
earnings tax equal to ten percent (10%) of the
improperly accumulated taxable income
B) Tax on Corporations Subject to Improperly Accumulated Earnings Tax

(1) In General. - The improperly accumulated earnings tax shall apply to

every corporation formed or availed for the purpose of avoiding the income tax
with respect to its shareholders or the shareholders of any other corporation, by
permitting earnings and profits to accumulate instead of being divided or
distributed.
(2) Exceptions. - The improperly accumulated earnings tax as provided for
under this Section shall not apply to:
(a) Publicly-held corporations;
(b) Banks and other nonbank financial intermediaries; and
(c) Insurance companies.
(C) Evidence of Purpose to Avoid Income Tax
(1) Prima Facie Evidence. - the fact that any corporation is a mere
holding company or investment company shall be prima facie evidence of a
purpose to avoid the tax upon its shareholders or members.

(2) Evidence Determinative of Purpose. - The fact that the earnings or

profits of a corporation are permitted to accumulate beyond the reasonable
needs of the business shall be determinative of the purpose to avoid the tax
upon its shareholders or members unless the corporation, by the clear
preponderance of evidence, shall prove to the contrary.
(D) Improperly Accumulated Taxable Income. - For purposes of this Section, the
term 'improperly accumulated taxable income' means taxable income' adjusted
by:

(1) Income exempt from tax;

(2) Income excluded from gross income;
(3) Income subject to final tax; and
(4) The amount of net operating loss carry-over deducted;
And reduced by the sum of:
(1) Dividends actually or constructively paid; and
(2) Income tax paid for the taxable year.
 Income Domestic Resident foreign Non-resident
Corporation corporation foreign
corporation
Taxable income w/in & w/out Within Within
or in General
Optional corp. 15% 15% N/A
income tax
MCIT Yes Yes No
IAET 10% 10% N/A
TAXES AFFECTS LIVES,
CARE FOR TAXES AND
SAVE LIVES