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The term “exclusions” refer to items that are not included in the determination of gross income either because:
• They represent return of capital or are not income, gain or profit;
• They are subject to another kind of internal revenue tax; or
• They are income, gain or profit that are expressly exempt from income tax under the constitution, tax treaty, tax code, or a
general or special law.
Note:
Exclusions from gross income are not included in the amount of reportable gross income in the income tax return. The amount of
deductions is initially included in the amount of gross income but is separately presented as deduction against gross income in
the income tax return.
PROBLEM
Problem 1: (Return of capital and Return on capital)
Consideration For the loss of Return of capital Return on capital
1. P1,000,000 P300,000 building
2. P1,000,000 P1,200,000
4. P1,000,000 Income
3. P1,000,000 Life
3. P1,000,000 Health
Rents
3. Leasehold Improvement
Additional income to the lessor Leasehold improvement is a source of additional income to the lessor if it shall become
his upon the expiration of the lease contract
Recognition of income from leasehold
improvement
a. Lump sum or outright method Lessor may report as income, at the time when such buildings or improvements are
completed, the fair market value (FMV) of such buildings or improvements
subject to lease. (Depreciated value at the end of the lease term)
b. Annual or spread out method
1. Computation of annual income Cost of leasehold improvement xx
Less: Acc. Dep (remaining term of lease) (xx)
Book value, end of lease xx
Annual income:
Book value, end of lease xx
Remaining term of lease
***To the extent that such loss was not compensated for by insurance.
Recovery of Bad Debt previously deducted (application of the tax benefit rule)
a. Taxable – if deduction of bad debt has reduced the tax liability of taxpayer (Tax Benefit Rule)
b. Not Taxable – if there is no reduction in the tax liability of the taxpayer
Tax Refunds
PROBLEMS
Problem 1: (Rent) Ria leased a facility from Cathy Company. Part of the lease agreement is for Ria to improve facility. Details of
the improvement were as follows:
Cost of construction (Improvements) P10,000,000
Estimated useful life of improvements 20 years
Remaining terms of the lease 10 years
What amount, if any, should Cathy Company repoft as income from leasehold improvements under the following independent
assumptions?
a. The income from the improvements is to be reported in one lump sum amount_____
b. The income from the improvements is to be reported annually_____
Problem 2: In connection from Problem A: Assume the income from the improvements is to be reported annually. However, at
the beginning of the 6th year, both parties agreed to terminate the lease agreement. Consequently, Cathy took possession of the
improvements. The fair value of the improvements at that time was P3,500,000. What amount should Cathy report as income from
improvements on the 6th year of the lease agreement?
Problem 3: (Bad Debt Recovery) ABC Company has the following data:
Problem 4: (Tax Refund) The taxes paid and tax refunds by XYZ in 20x1 and 20x2, respectively, are itemized below:
1. Compensation Income
All remunerations paid to the employee arising from an employer-employee relationship which include, but not limited
to:
a. Salaries and wages
b. Bonuses and allowances
c. Holiday pay, Overtime pay, Night shift differential, and Hazard Pay received by persons other than an MWE.
d. De minimis and other fringe benefits not subjected to fringe benefit tax (given to rank-and-file), subject to
P90,000 limit
e. Separation Pay, Retirement pay, and similar remunerations which do not meet the requirements.
f. De Minimis and other Fringe Benefits (See discussions on Fringe Benefits)
g. Fees, honoraria, emoluments, commissions, etc.
Remember:
Every income is generally taxable, unless, specifically exempted by the law and the requirements to be
exempted are met.
Situs of Compensation Income: place where the services are rendered regardless of the residence of payor (Sec.
155, RR 02-40)
3. Passive Income
General Rule: Passive income earned within the Philippines are taxable unless specifically exempted by law.
Exception: If the passive income is not subjected to final tax, such is added to the gross income subject to normal tax.
INDIVIDUALS
i. Interest on currency bank deposits, yield and other monetary benefit from deposit substitute, trust and
similar arrangement within the Philippines; Royalty from patents and franchises, prizes exceeding
P10,000 and winnings regardless of the amount: 20% final tax
ii. Royalty from books, literary works and musical compositions, and cash and property dividend from
domestic corporation: 10% final tax
iii. Interest on FCD under the expanded FCDS: 15%, except non-residents (NRC and NRAs)
CORPORATION
i. Interest on currency bank deposits, yield and other monetary benefit from deposit substitute, trust and
similar arrangement; Royalty from (all kinds): 20% final tax.
ii. Dividend from domestic corporation: exempt, intercorporate principle
iii. Interest on FCD under the expanded FCDS: 15%, except non-resident foreign corporation
b. Not Subject to Final Withholding Tax – those which are not subjected to final tax like those which are earned abroad,
prizes not exceeding P10,000 (applicable to individuals), and interest from loans, trade and accounts receivables and
those which are earned outside the Philippines shall be included in the computation of gross income.
4. Capital Gains
Capital gains arising from the sale of capital assets (real or personal assets) are taxable as follows:
a. If REAL property not used in business, subject to capital gains tax of 6% of the selling price, or FMV, or Zonal
Value, whichever is the highest.
b. If shares of stocks not traded in the local stock exchange, subject to 15% capital gains tax.
c. All other capital gains, which are not subject to CGT, are subject to normal tax (5-32%), subject to the pertinent
rules in property.
6. Separation pay paid to the employee for causes beyond the control of said employee (involuntary). If the cause of
separation is voluntary, such payment shall be taxable.
7. Mandated contributions such as SSS, GSIS, PHIC and HDMF contributions and union dues.
8. Amounts received as a return of premiums paid.
9. Prizes and awards in recognition of religious, charitable, scientific, educational, artistic, literary or civic achievement as well
as awards in authorized sports competitions.
10.Gains from sale of bonds, debentures or other certificates of indebtedness with a maturity of longer than five years.
PROBLEMS
Problem 1: Determining the Taxability of an Item
Problem 2: (Determining the Taxability of an Item) Indicate whether the item is taxable or nontaxable with income tax
1. Monetized sick leave credits of private employees.
2. Overtime pay of a minimum wage earner.
3. Statutory minimum wage of MWE who has other reportable income.
4. Amount received in payment of moral damages due to physical injuries.
5. Interest income in bank deposit earned by the duly registered cooperative.
Problem 4: (Exclusion from Gross Income ) Mr. Erasto Fuentes received the following:
Return of his life insurance premium paid for 25 years with annual premium of P15,000 P2,000,000
Proceeds his mother’s life insurance, paid premium for 30 years with annual premium of P5,000 1,000,000
Cash gift from his missionary friend 50,000
House and lot inherited from his mother 3,000,000
Rent income from house and lot inherited 100,000
Required: Compute for the following
1. Amount to be excluded from gross income.
2. Amount to be included as gross income
Problem 5: ( Income Subject to normal Tax) Cristiflor Buduhan received the following items for the taxable year 200x:
Proceeds of life insurance of his decedent husband with premiums paid amounting to P200,000. Mrs. P1,500,000
Buduhan is an irrevocable beneficiary
Donation from friends and relatives 10,000
Compensation for actual damages for injuries suffered by her husband 200,000
Dividends income 50,000
Interest on bank deposits 2,000
Prizes for winnings as Mrs. Beautiful of Tawi-Tawi 25,000
SSS death benefits of his husband 20,000
Problem 6: (Prize and awards) Anthony, an amateur boxer, represented the Philippine team in Beijing Olympics. He received
the following income: P200,000 cash prize from the Olympic association; P500,000 cash award donated by Rubberworld Philippines;
P400,000 talent fee as model of Nike Shoes and P1,000,000, professional fee as an actor.
On the other hand, Pacman a professional boxer won in a non-titled bout between him and El Terrible held at Mandalya Bay, Las
Vegas, Nevada. Pacman received the following: P25 million as cash prize in the fight; P30 million from Pay per view; P12 million
talent fee as commercial of San Miguel Beer.
a. How much taxable income is to be declared by Alonte on the promissory note in 20x4 and 20x5?
b. Using the same data, except that 50% of the face value of the note payable in 20x4 while the remaining 50% is payable in 20x5.
How much income is taxable to Alonte in 20x4, 20x5 and in 20x6?
Problem 8: (Taxability of Transfer Received) Miss Aurma Tandana served as a nurse for Judge Maximo Laxa for thirty years.
Since she has been serving for a long period of time, the judge transfer cash P1,500,000 her account.
Question: Is the transfer excluded from income taxation if received by Miss Tandana upon the death of Judge Laxa?
Problem 9: (Retirement Benefits) Mr. Mario Matiyaga, 50 year old, rendered service as a security guard of Anscor Corporation.
He had a monthly salary of P5,000 before retirement in October 31, 200x. During the same taxable year he received P500,000
retirement benefits in accordance with reasonable private benefit plan maintained by Anscor Co.
Required: Compute for the amount to be included in the gross income of Mr. Matiyaga for 200x based on the following independent
assumptions:
1. He received the retirement benefit for the first time after serving for 10 years
2. He received the retirement benefit for the second time
3. He has served the company for 10 non continuous years.
Problem 10: (Separation pay) Nilo, a known latecomer in the company was dismissed from employment due to inefficiency
service. He reasoned out that the frequent cause of his tardiness is the daily heavy traffic in Metro Manila. However, the
explanation was not considered by his employer as a valid excuse. He received a separation pay P80,000. Is this amount taxable to
him?
Problem 11: (Compensation and De Minimis) Mr. C, a resident Filipino citizen, shows his income and expenses during a
calendar year:
Gross compensation income P109,200
13th Month pay 9,100
SSS premium contribution 2,400
Philhealth premium contribution 3,000
De minimis:
Rice subsidy 24,000
Actual hospitalization payments 15,000
Clothing allowance 5,000
Temporary housing for 3 months 6,000
Required: Compute the taxable compensation during the year assuming that Mr. C is a
1. Minimum wage earner
2. Not a minimum wage earner
Problem 12: ( Cooperative) The following are the transaction of Baguio – Benguet Cooperative during the year:
Total purchases from Vat registered business, inclusive of VAT P1,120,000
Sales to members 1,500,000
Interest income, time deposit 60,000
Interest income loan to members 40,000
Interest income foreign currency deposit (converted to peso) 10,000