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Chapter 5 - Final Income Taxation

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Chapter 5

Income Taxation – Final Income Taxation


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I. FEATURES OF FINAL INCOME TAXATION


1. Final tax
2. Tax withholding at source
3. Territorial imposition
4. Imposed on certain passive income and persons not engaged in business in the Phils.

Final withholding tax system


 This system imposes upon the person making income payments the responsibility to withhold the
corresponding tax
 The tax which will be deducted at source is final
 The taxpayer receives the income net of tax; no need to file an ITR to report the same
 Inherently territorial – applied only on certain passive income earned within the Phils.

General final tax rates


 For non-resident aliens not engaged in trade or business (NRA-NETB) – 25%
 For non-resident foreign corporation (NRFC) – 30%

II. PASSIVE INCOME SUBJECT TO FINAL TAX


1. Interest or yield from bank deposits or deposit substitutes
Recipient
Source of interest income Individuals Corporations
Short term deposits (less than 5 years) 20% 20%
Long term deposits Exempt 20%

 Interest income from the following sources is subject to regular tax


A. Lending activities
B. Promissory notes
C. Penalty for legal delay or default
D. Foreign sources (including banks)

2. Domestic dividends, in general


 Dividends means any distribution made by a corporation to its shareholders out of its earnings or
profits and payable in money or other properties
 Considered income – cash dividends, property dividends, scrip dividends
 Not considered income – stock dividends, liquidating dividends
 Dividends received by individuals from domestic corporations are subject to 10% FT
 Dividends received by corporations from domestic corporations are exempt
 Dividends received from foreign corporations are subject to regular tax
 Dividends from exempt cooperatives and inter-corporate dividends are not subject to tax`

3. Dividend income from a Real Estate Investment Trust (REIT)


 A REIT is a publicly listed corporation established principally for the purpose of owning income-
generating real estate assets

4. Share in the net income of a business partnership, taxable associations, joint ventures, joint accounts, or co-
ownership

Reference: Income Taxation, 2019 OBE Edition, Rex B. Banggawan, CPA, MBA
Chapter 5
Income Taxation – Final Income Taxation
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 10% final tax is applied at the point of determination of the income, not at the point of the actual
distribution
 Non-resident aliens or corporations have different final tax rates
 Domestic corporations cannot avoid the dividends tax by not declaring dividends; Improperly
Accumulated Earnings Tax (IAET) will be imposed instead

5. Royalties, in general
 Royalties are legal payments made for the ongoing use of originally-created assets
 General final tax rate for passive royalties is 20%
 Final tax rate is 10% for royalties from books, literary works and musical compositions
 Active royalties are subject to regular income tax
 Active royalties are passive income but somehow requires active involvement
 E.g. creation of computer software, but involves regular updating by taxpayer

6. Prizes exceeding P10,000


 Taxation of prizes varies – may be subject to final or regular income tax or exempt
Recipient
Source of interest income Individuals Corporations
Prizes exceeding P10,000 20% final tax Regular tax
Prizes not exceeding P10,000 Regular tax Regular tax

 Exempt prizes
 Prizes received by recipient without any effort on his part to join a contest
 Prizes from sports competitions sanctioned by their respective national sports organizations
 Requisite of exemption
 Recipient was selected without any action on his part to enter the contest
 Recipient is not required to render substantial future services as a condition to receiving the
price or reward

7. Winnings
Recipient
Source of interest income Individuals Corporations
PCSO / lotto winnings not exceeding P10,000 Exempt Exempt
PCSO / lotto winnings exceeding P10,000 20% final tax 20% final tax
Other winnings, in general 20% final tax Regular tax

8. Informer’s tax reward


 Cash reward given to any person instrumental in the discovery of violations of the NIRC or
discovery / seizure of smuggled goods.
 Informer tax reward is subject to 10% final tax
 Subject to limit of P1,000,000

Requisites of Informer’s Tax Reward:


A. Definite sworn information
B. The informer must not be a public official or employee, and is not a relative within the 6 th
degree of consanguinity of such officials or employees
C. Enforcement results in recovery of revenues

III. DEADLINE AND PLACE FOR MONTHLY MANUAL FILING


Reference: Income Taxation, 2019 OBE Edition, Rex B. Banggawan, CPA, MBA
Chapter 5
Income Taxation – Final Income Taxation
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 The tax return shall be filed and paid on or before the 10th day of the month following the month in which the
withholding was made
 Place of filing:
 Authorized agent bank of the taxpayer’s corresponding revenue district office
 To the Revenue Collection Officer, if no authorized agent bank
 The authorized city or municipality treasurer

IV. QUARTERLY FILING


 The withholding agent shall file (BIR Form 1601-FQ), Quarterly Remittance Return of Final Income Taxes
Withheld, on or before the last day of the month after each quarter

V. PENALTIES FOR LATE FILING OR REMITTANCE OF FINAL INCOME TAXES WITHHELD


 Same application of penalties mentioned in Chapter 4

VI. ENTITIES EXEMPT FROM FINAL INCOME TAX


1. Foreign governments and foreign government-owned and controlled corporations
2. International missions or organizations with tax immunity
3. General Professional Partnership
4. Qualified employee trust fund

Reference: Income Taxation, 2019 OBE Edition, Rex B. Banggawan, CPA, MBA

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