Ch04 Taxation of Corp. TRAIN With Answers 1
Ch04 Taxation of Corp. TRAIN With Answers 1
Ch04 Taxation of Corp. TRAIN With Answers 1
Definition of Corporation
For income tax purposes, the term “corporation”
1. shall include:
partnerships, no matter how created or organized
joint stock companies
joint accounts (cuentas en participacion)
associations, or insurance companies
mutual fund companies, regional operating headquarters of multinational
corporations
2. does not include:
general professional partnerships
joint venture or consortium formed for the purpose of undertaking
construction projects
joint venture or consortium for engaging in petroleum, coal, geothermal
and other energy operations pursuant to an operating or consortium
agreement under a service contract with the Government. (Sec. 22 B, NIRC)
Classification of Corporations
1. Domestic Corporation. A corporation created or organized in the Philippines or
under its laws.
Sources of Income
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Chapter 4 Taxation of Corporations
*Tax Sparing Credit. Example: Domestic Corporation paid cash dividend to non-resident foreign corporation (NRFC)
organized in Brazil. This shall form part of NRFC’s income therefore taxable also in Brazil. The dividend received shall only
be taxed at 15% in the Phils (instead of 30%). If Brazil will reduce/credit at least 20% of the tax imposed in the Phils from its
tax imposed in Brazil. Otherwise, subject to regular income tax of 30%. [See Sec. 28(B)(5)(b)]
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Chapter 4 Taxation of Corporations
Tax Formula
Domestic and Resident Foreign Corporation
Gross Sales/Revenues/Receipts/Fees P xx
Less: Sales returns, allowances & discounts ( xx )
Cost of sales/services ( xx )
Gross income xx
Less : Allowable deductions for expenses or OSD ( xx )
Taxable income subject to normal income tax xx
X Tax rate %
Income tax due xx
Less : Tax credit / payment / withheld ( xx )
Income tax payable P xx
Illustration 1
J&J Corporation had the following data for the current year its first year of operation:
Compute the income tax due on business income and the final tax if J&J Corporation is a:
1. Domestic Corporation
2. Resident Foreign Corporation
3. Non-resident Foreign Corporation
1. Domestic Corporation
Gross income, Philippines…………………………… P750,000
Gross income, Singapore……………………………. 625,000
Total…………………………………………………….. 1,375,000
Less: Deductions
Expenses, Philippines…………. P375,000
Expenses, Singapore…………. 375,000 750,000
Taxable income……………………………………… 625,000
Tax rate………………………………………………… 30%
Income tax due…..…………………………………. 187,500
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Chapter 4 Taxation of Corporations
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Chapter 4 Taxation of Corporations
Rationale: This is designed to prevent corporations from escaping being taxed by including frivolous expenses in their statement of
income (Ex. Over statement of depreciation expense)
Illustration 2
Excellence Inc. is a domestic corporation engaged in service activity. In its fourth year of
operations it had:
Passive income with final tax and capital gains with capital gain tax are not included in the
quarterly and year-end computations.
If the sum of the quarterly tax payments made during the year is not equal to the total tax
due on the final return, the corporation may: a) pay the balance of the tax still due or b)
carry-over the excess tax credit or c) be credited or refunded with the excess payment.
Illustration 3
Angeles Electric Corporation a domestic corporation in its fifth year of operations had the
following non-cumulative balances at the end of each quarter for the current year:
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Chapter 4 Taxation of Corporations
Illustration 4
A domestic corporation had the following data on computations of the normal income tax
(NIT) and minimum corporate income tax (MCIT) for five years:
Journal entries:
Date Account titles and explanation Debit Credit
Year 4 (1) Provision for income tax 25,000
Income tax payable 25,000
To record income tax liability using the normal tax rate
1. Prolonged labor dispute means losses arising from a strike staged by employees
which lasted for more than six (6) months within a taxable period and which has
caused the temporary shutdown of business operations.
2. Force majeure means a cause due to an irresistible force as by "Act of God" like
lightning, earthquake, storm, flood and other natural calamities. This term would
also include armed conflicts like war or insurgency.
3. Legitimate business reverses shall include substantial losses due to fire, robbery,
theft or embezzlement, or for other economic reason as determined by the
Secretary of Finance. (Sec. 27 E3, ibid.)
Special Corporations
Special Corporations Tax Base Rate
Domestic Corporation
Proprietary Educational Institution and Non-profit Hospital Taxable Income from 10%
all sources
If gross income from unrelated trade, business or other
activity exceeds fifty percent (50%) of the total gross
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Chapter 4 Taxation of Corporations
International Air Carrier - Gross Philippine Billings refers to the amount of gross revenue derived from
carriage of persons, excess baggage, cargo and mail originating from the Philippines in a continuous and
uninterrupted flight, irrespective of the place of sale or issue and the place of payment of the ticket or
passage document.
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Chapter 4 Taxation of Corporations
International Shipping - Gross Philippine Billings means gross revenue whether for passenger, cargo or mail
originating from the Philippines up to final destination, regardless of the place of sale or payments of the
passage or freight documents. (Sec. 28 A3, ibid.)
Regional or area headquarters shall mean a branch established in the Philippines by multinational companies
and which headquarters do not earn or derive income from the Philippines and which act as supervisory,
communications and coordinating center for their affiliates, subsidiaries, or branches in the Asia-Pacific
Region and other foreign markets. (Sec. 22 DD, ibid.)
Regional operating headquarters shall mean a branch established in the Philippines by multinational
companies which are engaged in any of the following services: general administration and planning; business
planning and coordination; sourcing and procurement of raw materials and components; corporate finance
advisory services; marketing control and sales promotion; training and personnel management; logistic
services; research and development services and product development; technical support and maintenance;
data processing and communications; and business development. (Sec. 22 EE, ibid.)
Illustration 5
Fast Earning University is a private educational institution. During the year it had the
following data:
The income tax due from Fast Earning University is computed as follows:
1. Predominance test:
Related Unrelated
Tuition fees……………..……..……………………. 9,000,000
Miscellaneous fees………………………………... 1,350,000
Rent income ………..……………………………… 108,000
Dividend from domestic corporation…………….. 45,000
Totals……………………………………………….. 10,350,000 153,000
The election of the gross income tax option by the corporation shall be irrevocable for 3
consecutive taxable years during which the corporation is qualified under the scheme.
Rationale
If the earnings and profits were distributed, the shareholders would then be liable for
income tax; if the distribution were not made to them, they would incur no tax in respect to
the undistributed earnings and profits of the corporation. It is a tax in the nature of a
penalty to the corporation for the improper accumulation of its earnings, and a deterrent to
the avoidance of tax upon shareholders who are supposed to pay dividends tax on the
earnings distributed to them.
Exception
The use of undistributed earnings and profits for the reasonable needs of the business
would not generally make the accumulated or undistributed earnings subject to the tax.
What is meant by “reasonable needs of the business” is determined by the Immediacy Test
Immediacy Test – It states that the “reasonable needs of the business” are the
1. Immediate needs of the business; and
2. Reasonably anticipated needs
How to prove the “reasonable needs of the business”: The Corporation should prove that
there is
1. An immediate need for the accumulation of the earnings and profits; or
2. A direct correlation of anticipated needs to such accumulation of profits.
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Chapter 4 Taxation of Corporations
The following constitute accumulation of earnings for the reasonable needs of the
business:
1. Allowance for the increase in the accumulation of earnings up to 100% of the paid-
up capital of the corporation as of Balance Sheet date, inclusive of accumulations
taken from other years;
2. Earnings reserved for definite corporate expansion projects or programs requiring
considerable capital expenditure as approved by the Board of Directors or
equivalent body;
3. Earnings reserved for building, plants or equipment acquisition as approved by the
Board of Directors or equivalent body;
4. Earnings reserved for compliance with any loan covenant or pre-existing obligation
established under a legitimate business agreement;
5. Earnings required by law or applicable regulations to be retained by the corporation
or in respect of which there is legal prohibition against its distribution;
6. In the case of subsidiaries of foreign corporations in the Philippines, all undistributed
earnings intended or reserved for investments within the Philippines as can be
proven by corporate records and/or relevant documentary evidence.
Covered corporations
Only domestic and closely-held corporations are liable for IAET.
Exempt corporations
The IAET shall not apply to the following corporations:
1. Banks and other non-bank financial intermediaries;
2. Insurance companies;
3. Publicly-held corporations;
4. Taxable partnerships;
5. General professional partnerships;
6. Non- taxable joint ventures; and
7. Enterprises that are registered:
With the Philippine Economic Zone Authority (PEZA) under R.A. 7916;
Pursuant to the Bases Conversion and Development Act of 1992 under
R.A. 7227; and
Under special economic zones declared by law which enjoy payment of
special tax rate on their registered operations or activities in lieu of other
taxes, national or local.
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Chapter 4 Taxation of Corporations
Taxable income P xx
Add: Income exempt from tax xx
Income excluded from gross income xx
Income subject to final tax xx
Net Operating Loss Carry-Over deducted (NOLCO) xx
Less:
Income tax paid/payable during the year (xx)
Dividend actually or constructive paid (xx)
Reserved for the reasonable needs of the business
emanating from the covered year’s taxable income (xx)
Improperly accumulated earnings xx
X Tax rate 10 %
Improperly accumulated earnings tax P xx
Illustration 6
After twelve years of operations Quejada Inc. a domestic corporation had a retained
earnings of P1,500,000. The Bureau of Internal Revenue is willing to concede that the
reasonable needs of the business would justify the retention of that amount by the
corporation. For the current year the corporation had:
Unless the corporation signifies in its return its intention to elect the optional standard
deduction, it shall be considered as having availed itself of the itemized deductions. Such
election when made in the return shall be irrevocable for the taxable year for which the
return is made
However, a corporation who availed and claimed this deduction is still required to submit its
financial statements when it files its annual tax return and to keep such records pertaining
to its gross income.
In the filing of the quarterly income tax returns, the taxpayer may opt to use either the
itemized deduction or OSD. However, in filing the final adjustment income tax return, the
taxpayer must make a choice as to what method of deduction it shall employ for the
purpose of determining its taxable net income for the entire year. The taxpayer is, thus, not
allowed to use a hybrid method of claiming its deduction for one taxable year. (RA 9504; RR 16-
2008)
Illustration 7
Galaxy Corporation had the following data:
The income tax due from Galaxy assuming it availed the optional standard deduction is
computed as follows: TB Ampongan
Itemized Optional
Gross sales…………..………………………………. 12,000,000 12,000,000
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Chapter 4 Taxation of Corporations
2. Mutual savings bank not having a capital stock represented by shares, and
cooperative bank without capital stock organized and operated for mutual purposes
and without profit;
3. A beneficiary society, order or association, operating for the exclusive benefit of the
members such as a fraternal organization operating under the lodge system, or
mutual aid association or a non-stock corporation organized by employees providing
for the payment of life, sickness, accident, or other benefits exclusively to the
members of such society, order, or association, or non-stock corporation or their
dependents;
4. Cemetery company owned and operated exclusively for the benefit of its members;
6. Business league chamber of commerce, or board of trade, not organized for profit
and no part of the net income of which inures to the benefit of any private stock-
holder, or individual;
7. Civic league or organization not organized for profit but operated exclusively for the
promotion of social welfare;
10. Farmers' or other mutual typhoon or fire insurance company, mutual ditch or
irrigation company, mutual or cooperative telephone company, or like organization
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Chapter 4 Taxation of Corporations
11. Farmers', fruit growers', or like association organized and operated as a sales agent
for the purpose of marketing the products of its members and turning back to them
the proceeds of sales, less the necessary selling expenses on the basis of the
quantity of produce finished by them;
Notwithstanding the provisions in the preceding paragraphs, the income of whatever kind
and character of the foregoing organizations from any of their properties, real or personal,
or from any of their activities conducted for profit regardless of the disposition made of
such income, shall be subject to tax imposed under NIRC. (Sec. 30, NIRC)
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