Module 5 Taxation
Module 5 Taxation
Module 5 Taxation
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MODULE 5
THE MODULE
Module 5 discusses the other taxes imposed to corporation aside from the
normal or regular income tax which include the minimum corporate income
tax( MCIT), the corporate gross income tax ( GIT), Improperly acumulated eranings
tax ( IAET), the fringe benefit tax ( FBT), the capital gains tax (CGT) and the final tax
(FT). It will discuss the different concept under the different imposed taxes and it wil
presents the governing rules and policies of the different taxes imposed to a
corporation .
A. Introduction
B. Gross Income Tax
C. Minimum Corporate Income Tax
D. Fringe Benefit Tax
E. Improperly Accumulated Earnings Tax
F. Capital Gains Tax
At the end of this module, the students are expected to comprehend and
demonstrate knowledge on the following :
1) The corporate gross income tax
2) The minimum corporate income tax (MCIT)
3) The rules to follow in computing income tax due if corporation already in more
than 3 years of operation
4) The rationale behind Improperly Accumulated Earnings Tax and its relation to
dividends tax
5) The improperly accumulated earnings tax
6) The Fringe benefit tax
7) The capital gains tax
8) The final Tax
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LEARNING CONTENT
CORPORATE TAXATION
A. INTRODUCTION
Corporation may imposed different taxes aside from the normal or regular income
tax. It may imposed of the 15% Gross income tax, the 10 % improperly accumulated
earnins tax, the 2 % minimum corporate income tax, the 32% fringe benfit tax and
teh 6 % capital gains tax .
Company income subject to tax is often determined much like taxable income for
individual taxpayers. Generally, the tax is imposed on net profits. In some
jurisdictions, rules for taxing companies may differ significantly from rules for taxing
individuals. Certain corporate acts, like reorganizations, may not be taxed. Some
types of entities may be exempt from tax.
Countries may tax corporations on its net profit and may also tax shareholders when
the corporation pays a dividend. Where dividends are taxed, a corporation may be
required to withhold tax before the dividend is distributed.
A domestic corporation is subject to tax on its worldwide income. On the other hand,
a foreign corporation is subject to tax only on income from Philippine sources.
Lock-in period
The election of gross income tax shall be irrevocable for 3 consecutive taxable years
during which the corporation is qualified under the scheme.
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The 15% gross income tax for domestic corporation still remains in law but not in
practice. It was never implemented because the conditions for its grant were never
met.
The most peculiar feature of corporate income taxation is the Minimum Corporate
Income Tax (MCIT). Corporation are subject to a minimum corporate income tax of
2% of gross income.
For instance, a corporation which started operations at any day in 2012 will be
covered by MCIT in 2016. The rule is apparently intended to enable the business to
obtain competitive traction before being subjected to MCIT.
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Gross sales – means the total consideration agreed by the buyer and the seller for
the sale of goods. Gross sales include cash (collected) sales and (uncollected)
sales.
Cost of goods sold (COGS) includes all business expense directly incurred to
produce the merchandise to bring them to their present location and use.
a. For a trading or merchandising concern, COGS shall include the invoice cost
of the goods sold, plus import duties, freight in transporting the goods to the
place where the goods are actually sold including insurance while the goods
are in transit.
b. For a manufacturing concern, COGS shall include all cost of production of
finished goods, such as raw materials used, direct labor and manufacturing
overhead, freight cost, insurance premiums and other cost incurred to bring
the raw materials to the factory or warehouse.
Cost of services shall mean all direct cost and expenses necessarily incurred to
provide the services required by the customers and clients including:
a. Salaries and employee benefits of personnel, consultants and specialist
directly rendering the service, and
b. Cost of facilities directly utilized in providing the service such as depreciation
or rental of equipment used and cost of supplies
Thus, MCIT shall be computed as 2% of the total gross income subject to regular
income tax. Needless to say the MCIT concept of gross income is the same with
the OSD concept of gross income.
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Collection P 3,200,000
Uncollected bills for services rendered 800,000
Advanced collections for services to be provided 600,000
Client reimbursements for out of pocket expenses
Incurred by consulting staff 400,000
Client reimbursements for client expenses paid
Or advanced by Emjhay 150,000
Royalties from a software developed by Emjhay 30,000
Expenses :
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A corporate taxpayer which started operation in 2017 had the following results of operations
in 2020 and 2021:
2020 2021 .
Total gross income P2,100,000 P 4,000,000
Dividend income – domestic - 50,000
Business expense 2,600,000 3,300,000
Net income (Net loss) ( P 500,000 ) P 750,000
The MCIT will commence in 2021 (i.e. 2010 + 4). Since there is no MCIT yet, the tax
payable in 2020 is nil( zero).
The 2021 income tax due of the corporation shall be determined as:
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Required: ignoring the effects of creditable withholding tax and estimated tax payments,
compute the income tax payable.
Solution:
In 2018, the income tax payable is the P80,000 MCIT. The P60,000 Excess MCIT is a tax
credit referred as Excess MCIT-2018 and is valid until 2021.
In 2019, the income tax payable is the P95,000 MCIT. The P10,000 Excess MCIT, referred
to as Excess MCIT-2019, valid until 2012. No tax credit shall be made since Excess MCIT
cannot be credited against MCIT tax due.
Note that full credit against the available RCIT tax due is taken. Since there are two Excess
MCITs, first-in first out crediting is employed.
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DI MINIMIS BENEFIT
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Are facilities or privileges that are relatively small value and are furnished by the
employer merely as a means of promoting the health , goodwill , contentment or
efficiency of his employees.
1. Monetized unused vacation leave credits of private employees – not exceeding 10
days during the year .
2. Monetized unused vacation and sick leave credits paid to government officials and
employees.
3. Medical cash allowances to dependents of employees – not exceeding P750 per
employee per semester , or P125 per month.
4. Rice subsidy – 1 sack per month or not more than P 1,500
5. Uniform and clothing allowances – not exceeding P 6,000.00
6. Actual Medical Assistance - not exceeding P 10,000 per annum.
7. Laundry allowance – not exceeding P300/month.
8. Employee achievement award- not more than P 10,000.00
9. Cash gifts – not more than P 5,000 per annum.
10. Daily meal allowances for overtime – not exceeding the 25% of the basic
minimum wage.
11. Benefits received by an employee by virtue of collective bargaining agreement.
Example :
1. Danny Boy , a private employee who is paid a P 800 daily rate, receives the
following benefits during the year 2019
Monetized unused vacation leave credits 9 days
Monetized unused sick leave credits 9 days
Medical assistance 12,000
Rice Subsidy ( 2,000 per month) 24,000
Clothing Allowance 10,000
Laundry Allowance 6,000
Solution :
Actual Limit Excess
Monetized unused VL 7,200.00 8,000. 0.00
Monetized unused SL 7,200.00 0.00 7,200.00
Medical Assistance 12,000.00 10,000.00 2,000.00
Rice Subsidy 24,000.00 18,000.00 6,000.00
Clothing Allowance 10,000.00 6,000.00 4,000.00
Laundry Allowance 6,000.00 3,60000 2,400.00
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2. Giovanni, a government rank and file employee , received the following benefits:
Solution :
Actual Limit Excess
Monetized unused VL 8,000.00 exempt 0.00
Monetized unused SL 12,000.00 exempt 0.00
Uniform allowance 15,000.00 6,000.00 9,000.00
Laundry Allowance 4,800.00 3,600.00 1,200.00
Taxable De-minimis benefit 10,200.00
1. HOUSING BENEFITS
2. EXPENSE ACCOUNT
3. VEHICLE OF ANY KIND
4. HOUSEHOLD PERSONNEL
5. INTEREST , FOR THE DIFFERENCE BETWEEN THE MARKET RATE AND THE
ACTUAL INTEREST GRANTED
6. MEMBERSHIP FEES
7. EXPENSES FOR FOREIGN TRAVEL
8. HOLIDAY AND VACATION EXPENSES
9. EDUCATIONAL ASSISTANCE
10. LIFE OR HEALTH INSURANCE
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1. When benefit is given in cash or paid in cash , the MV (monetary value) is the
amount paid for in cash with the exception when the employer pays for the rent of
the residence of the employee, the MV is 50% of the rental payment.
2. When benefit is given in kind , the monetary value is the fair value of the thing
given unless its book value is higher.
3. When a benefit is given in the form of free use the employer’s property , the MV is
50% of the rental value of the property. If the property has no rental value, the
depreciation value is used. The presumptive lives of the property are:
3.1 20 years for real properties
3.2 5 years for movable properties.
The MV shall be
Quarterly value = ( 20,000 x 3 months ) P 60,000
Quarterly MV = P 60,000 x 50 % P 30,000
1. 2 Employer owns a residential property and assigns the same for the use
of his employee as his usual place of residence , the annual value of benefit is 5 %
of whichever is higher of the zonal or assessed value of the land and improvement
MV = 50 % of the annual value of the benefit
Illustration :
Danny Boy Inc., allowed one of its unused realty investment costing P 3.5
million with zonal value of P 4M and assessed value of 3M to be used by its Vice
President
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MV shall be :
Annual Depreciation value = P 4M x 5 % P 200,000
Quarterly value = P 200k / 4 quarters 50,000
Quarterly MV = ( 50K x 50%) 25,000
MV = 50% of the annual value of the benefit. This is the same with 1.2 except
the basis is the purchase price of the property.
Illustration :
Danny Corporation purchased a residential property for the use of its
production manager . The property is payable over 11 annual instalment of P200,000
including interests but have a cash price of P 2M . For accounting purposes , Danny
Corporation opted to capitalize the interest and recorded the P 2.2 M contract price
as the acquisition cost of the property .
The MV shall be
Annual depreciation value = P 2M x 5% P 100,000
Quarterly Value = P100k/4 quarters 25,000
Quarterly MV = 25K x 50% 12,500
1.4 Purchase by the employer of residential property and transfer of
ownership in the name of the employee, the value of the benefit is whichever is
higher of the acquisition cost or zonal value.
MV = 100 % of the value of the benefit
Illustration
Baby boy corp bought a residential dwelling for P 5M and transferred to its
president. The property has 3M zonal value
MV = P 5M
MV = P 5M – P 2M = P 3M
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2. EXPENSE ACCOUNT
The expense incurred by an employee but which are paid by his employer or
incurred and paid by employee but reimbursed or advanced by the employer are
taxable fringe benefits. The monetary value is the amount paid by the employer.
3.2 Cash benefit to employee for the purchase of vehicle , even if the vehicle
is partly used in the business of employer
MV = 100 % of the cash benefit , except when the amount is subjected
to withholding tax on compensation
3.3 Purchase of car on instalment basis by the employer with ownership
placed in the name of the employee even if the car is used partly for the employer’s
business, the benefit is the acquisition cost divided by 5 years
MV = (1/5) or 20% of the acquisition cost
Illustration :
An employer purchased a car for P 1M payable in four instalment plus
10 % interest on the outstanding unpaid balance of the car.
The entire acquisition cost shall be recognized as monetary value since there
is transfer of ownership but the regulation requires amortization of 5 years. Hence
the employer shall recognize 1M /5 or P200K MV annually until years.
Illustration :
An employer assisted its managerial employee to purchase a brand
new car for P 4M . 60 % of the value is deductible against future salaries of the
managerial employee.
MV = P 4M x40% = P 1.6 M
3.5 Fleet of motor vehicles owned for the use of the business and the
employees , the value of benefit is the cost of all motor vehicles not used for sales ,
freight , delivery service and other non-personal uses divided by 5 years
MV = 50 % of the value of benefit
4. HOUSEHOLD EXPENSES
Employee expenses borne by the employer for household personnel , salaries
of household help, personal driver of employee and other personal expenses are
taxable fringe benefit. THE MV is the amount paid by the employer.
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Illustration :
Danny Corporation lent is Chief Financial Officer P1M at a minimal 3% annual
interest rate.
The MV shall be
Annual MV = 1M x ( 12%-3%) P 90,000
Quarterly MV = P90K/4 P 22,500
Any foreign travel that is for the luxury of the employee is TFB (Taxable
Fringe Benefit ) but reasonable business expense for foreign travel for attending
business meetings and conventions are exempt.
Holiday and vacation expense are TFB if shouldered by the employer. The
MV is the amount paid or shouldered by the employer.
Illustration
Trisha Corporation , a distributor of cosmetics , provides educational
assistance to the following employee under an employment bond.
MV = P 24,000
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The fringe benefit of all the other employees except the accounting supervisor will
neither be subject to TFB nor the regular income tax under the “ convenience of the
employer rule “.
SCOPE OF IAET
The IAET covers the improperly accumulated earnings of domestic
corporations only.
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Illustration :
Trisha Corp. was assessed by the BIR for improperly accumulating profits . Trisha
reported the following in 2020
Gross Income P 2M
Business Expenses 1.4 M
NOLCO Prior years 500 K
Dividend income – Domestic 30k
Gross interest income – bank 50K
Gain on sale of domestic stock 200K
Gain on sale on land , classified as capital asset
( SP = 2M ; MV 2.5 M) 500K
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Immediacy Test- profit must be applied not too long from the time of retention of
profits, this rule applies if the accumulation of profit is deemed for the reasonable
needs of business.
Limit under the Corporation Code of the Philippines- a corporation can retain profits
not exceeding 100% of its paid in capital. Accumulation of profits up to 100% of the
paid up capital therefore is not an improper accumulation of profit.
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taxation and capital gains taxation . It discuss also the general rule of taxes imposed
to corporation
References:
Bangawan, Rex B. (2018). Income Taxation (Laws, Principles and
Applications ) Real Excellence Publishing, Baguio City
Urbano, Bartolome R, (2015). Income Taxation Made Available, C & E
Publishing , Inc. Manila
ACTIVITY 1
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Trisha Mae Corporation is on its fifth year of business operation when it was assessed by the BIR for
improperly accumulating profits.
Gross Income P 5,500,000
Business Expense 1,800,000
NOLCO prior years 700,000
Dividend Income – domestic 150,000
Gross Interest income-Bank 100,000
Gain on sale of domestic stocks directly to buyer 400,000
Gain on sale of land, classified as capital asset
( SP= P 3,000,000; Fair Value =P 3,500,000) 500,000
Dividends Declared 420,000
Appropriations for treasury stocks 150,000
Appropriations for plant expansion 350,000
Trisha Mae Corporation, a domestic corporation, had the following data for the year 2020:
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ACTIVITY 2
You may now proceed to the next module of this course. I hope you have
learned some information if not a lot in the
lessons discussed earlier.