Item No. 1 - Taxable Period: 1. Purely Compensation Income Earner BIR Annual Income Tax Return (ITR) Form No. 1700
Item No. 1 - Taxable Period: 1. Purely Compensation Income Earner BIR Annual Income Tax Return (ITR) Form No. 1700
Item No. 1 - Taxable Period: 1. Purely Compensation Income Earner BIR Annual Income Tax Return (ITR) Form No. 1700
Taxable Year – It determines for what year the present Annual Income
Tax Return is to be filed. It may be Calendar Year or Fiscal Year.
(P) The term ‘taxable year’ means the calendar year, or the fiscal year
ending during such calendar year, upon the basis of which the net
income is computed under this Title. ‘Taxable year’ includes, in the case
of a return made for a fractional part of a year under the provisions of
this Title or under rules and regulations prescribed by the Secretary of
Finance, upon recommendation of the Commissioner, the period for
which such return is made.
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of such return, statement or declaration has in the meantime been
actually served upon the taxpayer.
This item is also important as to the date of such filing of the amended
return will have an effect on the reckoning period for purposes of the remedy of
taxpayer in protesting the validity of the assessment of income tax of the BIR
and the recovery of excessive and illegally collected taxes under Section 203
and 229 of the Tax Code.
Section 203. Period of Limitation Upon Assessment and
Collection. –
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to have been collected without authority, or of any sum alleged to have
been excessively or in any manner wrongfully collected without
authority, or of any sum alleged to have been excessively or in any
manner wrongfully collected, until a claim for refund or credit has been
duly filed with the Commissioner; but such suit or proceeding may be
maintained, whether or not such tax, penalty, or sum has been paid
under protest or duress.
In any case, no such suit or proceeding shall be filed after the expiration
of two (2) years from the date of payment of the tax or penalty
regardless of any supervening cause that may arise after payment:
This is provided for by BIR in the Form itself as 1011 for purposes of
what category of tax is paid for by the taxpayer. Alphanumeric tax codes (ATCs)
reflects the type of tax to be paid. They are indicated in tax returns,
representing the actual rate and type of tax to be paid.
The relevance of this item is the (TIN) supplied by the BIR to a taxpayer
as provided for under the NIRC under the Chapter on Administrative Provisions
particularly Section 236 (I) on Registration Requirements.
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in such return, statement or document filed with the Bureau of Internal
Revenue for his proper identification for tax purposes, and which he
shall indicate in certain documents. x x x x
The purpose and relevance of this item is the difference of the applicable
tax rates to be used in imposing the income tax liability of the Compensation
Income Earner upon filing the ITR, as indicated, “Employee” or “NRANETB”.
This item is to determine that if the Compensation Income Earner is an
“Employee”, which pertains to whether Resident Citizen (RC), Non-Resident
Citizen (NRC), Resident Alien (RA) or “Non-Resident Alien Engaged in Trade or
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Business (NRAETB)”, to which the Tax Code imposes the regular tax rates
under Section 24 or on the other hand a Non-Resident Alien Not Engaged in
Trade or Business (NRANETB), to which the Tax Code imposes a different rate
of 25% for his compensation income. This flows from the rule that their income
is taxable for those derived arising out of Employer-Employee relationship
being a Compensation Income Earner.
A Resident Citizen (RC) is a citizen of the Philippines and residing
therein. They are physically staying or present in the Philippines or has an
intention to reside here permanently or those who are absent but has an
intention to return thereto.
Under the NIRC, Section 23 (A) provides that a citizen of the Philippines
residing (RC) therein is taxable on all income from sources within and without
the Philippines.
Section 23 (B) then provides that a Non-Resident Citizen (NRC) is taxable
only on income derived from sources within the Philippines.
(2) A citizen of the Philippines who leaves the Philippines during the
taxable year to reside abroad, either as an immigrant or for employment
on a permanent basis.
(3) A citizen of the Philippines who works and derives income from
abroad and whose employment thereat requires him to be physically
present abroad most of the time during the taxable year.
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Sec.23 (D) provides that an alien individual, whether a resident or not of
the Philippines (RA) or (NRA), is taxable only on income derived from sources
within the Philippines.
Then applying Sec. 24 (a) (2), it provides that for Compensation Income
Earner (CIE) individual taxpayers whether RC, NRC or NRAETB, they are
subject to Net Income Tax Rates (NIT) under the Tax Code.
The purpose and relevance of this to determine who is filing the current
Income Tax Return (ITR) and upon whom the assessment upon which the
ultimate tax liability will be imposed.
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Item No. 8 – Registered Address
(A) Requirements. –
(5) The income tax return (ITR) shall consist of a maximum of four (4)
pages in paper form or electronic form, and shall only contain the
following information:
The purpose and relevance of this in relation to item no. 8 for mailing
purposes of notices and inquiries of BIR corresponding to the registered
address of the individual taxpayer filing the return.
Item No. 9 – Date of Birth
The purpose and relevance of this item is to determine the date of birth
of the individual taxpayer. This is pursuant to the requirements under Section
51 (A) (5) (a).
(A) Requirements. –
(5) The income tax return (ITR) shall consist of a maximum of four (4)
pages in paper form or electronic form, and shall only contain the
following information:
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The purpose and relevance of this item is to determine email address of
the individual taxpayer for electronic communication. This is pursuant to the
requirements under Section 51 (A) (5) (a).
(A) Requirements. –
(5) The income tax return (ITR) shall consist of a maximum of four (4)
pages in paper form or electronic form, and shall only contain the
following information:
As the rule is that their income is taxable for those derived arising out of
Employer-Employee relationship being a Compensation Income Earner for RC,
NRC, RA, NRAETB or NRANETB, there are differences
A Resident Citizen (RC) is a citizen of the Philippines and residing
therein. They are physically staying or present in the Philippines or has an
intention to reside here permanently or those who are absent but has an
intention to return thereto.
Under the NIRC, Section 23 (A) provides that a citizen of the Philippines
residing (RC) therein is taxable on all income from sources within and without
the Philippines.
Section 23 (B) then provides that a Non-Resident Citizen (NRC) is taxable
only on income derived from sources within the Philippines.
Therefore, for RC, if he indicates in this item that he or she is a Filipino,
upon establishing that he or she is staying here or has an intention to reside
permanently, all his compensation income is within and outside the Philippines
is taxable. But if he establishes that he is a NRC under the situations under
Section 22 (E) upon inquiry by BIR, his compensation income derived only
within the Philippines is taxable.
Section 22 (F) provides that the term ‘Resident Alien’ means an
individual whose residence is within the Philippines and who is not a citizen
thereof. Section 22 (G) provides that the term ‘Non-Resident Alien’ means an
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individual whose residence is not within the Philippines and who is not a
citizen thereof.
Sec.23 (D) provides that an alien individual, whether a resident or not of
the Philippines (RA) or (NRA), is taxable only on income derived from sources
within the Philippines.
Hence, if the taxpayer indicates in this item that he or she is not a
Filipino, it means that he or she is an alien. He will then establish upon inquiry
of the BIR of whether he is a Resident Alien (RA), Non-Resident Alien (NRA),
engaged in business or not, (NRAETB) or (NRANETB). However, their
compensation income derived from only from sources within the Philippines is
taxable.
(3) Credit Against Tax for Taxes of Foreign Countries. – If the taxpayer
signifies in his return his desire to have the benefits of this paragraph,
the tax imposed by this Title shall be credited with:
(b) Partnerships and Estates. – In the case of any such individual who
is a member of a general professional partnership or a beneficiary of an
estate or trust, his proportionate share of such taxes of the general
professional partnership or the estate or trust paid or incurred during
the taxable year to a foreign country, if his distributive share of the
income of such partnership or trust is reported for taxation under this
Title.
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An alien individual and a foreign corporation shall not be allowed the
credits against the tax for the taxes of foreign countries allowed under
this paragraph.
The provision also expressly states that alien individual, whether, RA,
NRAETB or NRAETB, are not allowed the credits against the tax for the taxes of
foreign countries allowed under Section 34 (C) (3) (b).
(A) Requirements. –
(5) The income tax return (ITR) shall consist of a maximum of four (4)
pages in paper form or electronic form, and shall only contain the
following information:
The purpose and relevance of this item is in relation for the manner of
filing of the income tax return.
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For married individuals, the husband and wife, subject to the provision
of Section 51 (D) hereof, shall compute separately their individual
income tax based on their respective total taxable income: Provided,
That if any income cannot be definitely attributed to or identified as
income exclusively earned or realized by either of the spouses, the
same shall be divided equally between the spouses for the purpose of
determining their respective taxable income.
- xxxx -
Section 51. Individual Return.
(D) Husband and Wife. – Married individuals, whether citizens, resident
or non-resident aliens, who do not derive income purely from
compensation, shall file a return for the taxable year to include the
income of both spouses, but where it is impracticable for the spouses to
file one return, each spouse may file a separate return of income but the
returns so filed shall be consolidated by the Bureau for purposes of
verification for the taxable year.
As a rule, Section 51 above provides that married individuals whether
resident or non-resident aliens, who do not derive income purely from
compensation income, are not required to file an income tax return to include
the income of both spouses. However, as an exception, each spouse may file a
separate return of income, if it is impracticable for the spouses to file one
return. The returns shall be consolidated by BIR for purposes of verification for
the taxable year.
However, if after such separate filing of income tax returns for both
spouses, some income cannot clearly be attributed as income exclusively
realized by either of them, those income will be divided equally between them
to arrive at each of their final taxable income
The purpose and relevance of this item is in relation to item no. 15 for
matters of filing method of spouses to determine the taxable income. If the
individual taxpayer indicated that he or she has a spouse, the BIR will further
inquire on the manner of filing and if separate filing was done, details will be
further required to the taxpayer filing the current return, to determine their
respective taxable income.
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The purpose and relevance of this item is in relation to items no. 15 and
16 for matters of filing method of spouses to determine the taxable income in
accordance with Sections 24 (A) (2) (a) and 51 (D) for the separate filing of each
spouse’ income tax return.
The purpose and relevance of this item is in relation to item no. 1. This is
for the BIR to look for the records of the spouse’s income tax return in relation
to the current income tax return to be filed by the other spouse, whether they
are jointly filing their income tax return or if they are separately filing. This is
for consolidation purposes of the BIR for the other spouse’s income tax return
with the current ITR to be filed also by one of the spouses as provided in
Section 51(D)
The relevance of this item is the (TIN) supplied by the BIR to a taxpayer as
provided for under the NIRC under the Chapter on Administrative Provisions
particularly Section 236 (I) on Registration Requirements.
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made with and the Taxpayer Identification Number (TIN) supplied by
the Revenue District Office having jurisdiction over his legal residence.
The purpose and relevance of this item is to aid the BIR and determine
the applicable tax rates to be used in imposing the income tax liability of the
spouse of the Compensation Income Earner upon filing the ITR, as indicated,
“Employee” or “NRANETB”.
This item is to determine that if the Compensation Income Earner is an
“Employee”, which pertains to whether Resident Citizen (RC), Non-Resident
Citizen (NRC), Resident Alien (RA) or “Non-Resident Alien Engaged in Trade or
Business (NRAETB)”, to which the Tax Code imposes the regular tax rates
under Section 24 or on the other hand a Non-Resident Alien Not Engaged in
Trade or Business (NRANETB), to which the Tax Code imposes a different rate
of 25% for his compensation income. This flows from the rule that their income
is taxable for those derived arising out of Employer-Employee relationship
being a Compensation Income Earner.
A Resident Citizen (RC) is a citizen of the Philippines and residing
therein. They are physically staying or present in the Philippines or has an
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intention to reside here permanently or those who are absent but has an
intention to return thereto.
Under the NIRC, Section 23 (A) provides that a citizen of the Philippines
residing (RC) therein is taxable on all income from sources within and without
the Philippines.
Section 23 (B) then provides that a Non-Resident Citizen (NRC) is taxable
only on income derived from sources within the Philippines.
(2) A citizen of the Philippines who leaves the Philippines during the
taxable year to reside abroad, either as an immigrant or for employment
on a permanent basis.
(3) A citizen of the Philippines who works and derives income from
abroad and whose employment thereat requires him to be physically
present abroad most of the time during the taxable year.
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(1) All Income from Compensation – The rates prescribed under
Subsection (A)(2)(a) of this Section.
(A) Requirements. –
(5) The income tax return (ITR) shall consist of a maximum of four (4)
pages in paper form or electronic form, and shall only contain the
following information:
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The purpose and relevance of this to determine for the identification of
the spouse of the one filing the current Income Tax Return (ITR) and upon
whom the assessment upon which the ultimate tax liability will be imposed.
This is for consolidation purposes of the BIR for the other spouse’s ITR with the
current ITR to be filed also by one of the spouses as provided in Section 51(D).
As the rule is that their income is taxable for those derived arising out of
Employer-Employee relationship being a Compensation Income Earner for RC,
NRC, RA, NRAETB or NRANETB, there are differences
A Resident Citizen (RC) is a citizen of the Philippines and residing
therein. They are physically staying or present in the Philippines or has an
intention to reside here permanently or those who are absent but has an
intention to return thereto.
Under the NIRC, Section 23 (A) provides that a citizen of the Philippines
residing (RC) therein is taxable on all income from sources within and without
the Philippines.
Section 23 (B) then provides that a Non-Resident Citizen (NRC) is taxable
only on income derived from sources within the Philippines.
Therefore, for RC, if he indicates in this item that he or she is a Filipino,
upon establishing that he or she is staying here or has an intention to reside
permanently, all his compensation income is within and outside the Philippines
is taxable. But if he establishes that he is a NRC under the situations under
Section 22 (E) upon inquiry by BIR, his compensation income derived only
within the Philippines is taxable.
Section 22 (F) provides that the term ‘Resident Alien’ means an
individual whose residence is within the Philippines and who is not a citizen
thereof. Section 22 (G) provides that the term ‘Non-Resident Alien’ means an
individual whose residence is not within the Philippines and who is not a
citizen thereof.
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Sec.23 (D) provides that an alien individual, whether a resident or not of
the Philippines (RA) or (NRA), is taxable only on income derived from sources
within the Philippines.
Hence, if the taxpayer indicates in this item that he or she is not a
Filipino, it means that he or she is an alien. He will then establish upon inquiry
of the BIR of whether he is a Resident Alien (RA), Non-Resident Alien (NRA),
engaged in business or not, (NRAETB) or (NRANETB). However, their
compensation income derived from only from sources within the Philippines is
taxable.
The purpose and relevance of this item is the applicability for the spouse
of the Compensation Income Earner to claim foreign tax credits under the Tax
Code in determining their respective total tax liability as spouses.
(3) Credit Against Tax for Taxes of Foreign Countries. – If the taxpayer
signifies in his return his desire to have the benefits of this paragraph,
the tax imposed by this Title shall be credited with:
xxxx
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is possible that the foreign-source income was also subjected to taxation in the
country from which it was derived. Another importance of this is to minimize
the possibility of double taxation which the taxpayer may avail of the benefits
provided under an applicable and effective tax treaty, which may either be in
the form of tax exemption or a preferential tax rate. The amount of income
taxes paid during the taxable year to any foreign country may be used as
credits against Philippine income taxes.
The purpose and relevance of this item is the tax due to be paid by the
Compensation Income Earner either as an Employee RC, NRC or RA or an
Employee NRANETB. The amount to be indicated in this item is referred to as
the tax payable after the determining the net taxable income and applying the
graduated income tax rates or the 25 % Final Tax on gross or NRANETB.
The purpose and relevance of this item is the indicated amount arrived at
after deducting the amount in item no. 27 from item no. 26. It is called the Net
Taxable Payable if it not appears to be in the negative. It is called Overpayment
if it appears in the negative in which the combined taxes withheld with the
credits availed of and taxes previously paid if the current return is an amended
return, is in excess after deducting the tax due computed.
The purpose and relevance of this item is the allowed amount by which
the Compensation Income Earner will be deducting from the Net Tax Payable or
Overpayment in item 28 that he will pay for this current return, if he desired to
avail of the option to pay the remaining balance by installment on or before
October 15 after filing this return as provided under Section 56 of the Tax
Code. This is available only for Compensation Income Earners subject to the
graduated income tax rates. Hence, not applicable for NRANETB.
Section 56. Payment and Assessment of Income Tax for
Individuals and Corporations. –
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the tax unpaid becomes due and payable together with the delinquency
penalties.
The purpose and relevance of this item is the indication of the sum after
the amount in item no. 29, referring to the portion of the tax due computed
after computing the net taxable income and the income tax rates, is deducted
from item no. 28. It is called the Taxable Payable if it not appears to be in the
negative. It is called Overpayment if it appears in the negative in which the
combined taxes withheld with the credits availed of and taxes previously paid if
the current return is an amended return, is in excess after deducting item no.
29 representing the portion of the tax due to be paid on installment.
PENALTIES
The purpose and relevance of this item is for the imposition of the BIR of
surcharge civil penalty to the Compensation Income Earner under Section 248
of the Tax Code.
Section. 248. - Civil Penalties.
(1) Failure to file any return and pay the tax due thereon as required
under the provisions of this Code or rules and regulations on the date
prescribed; or
(3) Failure to pay the deficiency tax within the time prescribed for its
payment in the notice of assessment; or
(4) Failure to pay the full or part of the amount of tax shown on any
return required to be filed under the provisions of this Code or rules and
regulations, or the full amount of tax due for which no return is required
to be filed, on or before the date prescribed for its payment.
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Fifty percent (50%) of the tax or deficiency tax is imposed in case of:
a. Willful neglect to file return within the period prescribed by the Code
or by rules and regulations
The purpose and relevance of this item is for the imposition of the BIR of
interest civil penalty to the Compensation Income Earner under Section 249 of
the Tax Code.
Section 249. Interest. –
(B) Deficiency Interest. – Any deficiency in the tax due, as the term is
defined in this Code, shall be subject to the interest prescribed in
Subsection (A) hereof, which interest shall be assessed and collected
from the date prescribed for its payment until the full payment thereof,
or upon issuance of a notice and demand by the Commissioner of
Internal Revenue, whichever comes earlier.
(1) The amount of the tax due on any return required to be filed, or
(2) The amount of the tax due for which no return is required, or
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unpaid amount, interest at the rate prescribed in Subsection (A)
hereof until the amount is fully paid, which interest shall form part
of the tax.
The purpose and relevance of this item is for the imposition of the BIR of
compromise civil penalty to the Compensation Income Earner under Section
255, 250 and 275 of the Tax Code and RMO. No. 7-2015.
Section 255. Failure to File Return, Supply Correct and Accurate
Information, Pay Tax Withhold and Remit Tax and Refund
Excess Taxes Withheld on Compensation. – Any person required
under this Code or by rules and regulations promulgated thereunder to
pay any tax make a return, keep any record, or supply correct the
accurate information, who willfully fails to pay such tax, make such
return, keep such record, or supply correct and accurate information, or
withhold or remit taxes withheld, or refund excess taxes withheld on
compensation, at the time or times required by law or rules and
regulations shall, in addition to other penalties provided by law, upon
conviction thereof, be punished by a fine of not less than Ten thousand
pesos (PhP10,000) and suffer imprisonment of not less than one (1) year
but not more than ten (10) years.
Any person who attempts to make it appear for any reason that he or
another has in fact filed a return or statement, or actually files a return
or statement and subsequently withdraws the same return or statement
after securing the official receiving seal or stamp of receipt of internal
revenue office wherein the same was actually filed shall, upon
conviction therefor, be punished by a fine of not less than Ten thousand
pesos (PhP10,000) but not more than Twenty thousand pesos
(PhP20,000) and suffer imprisonment of not less than one (1) year but
not more than three (3) years.
In addition, Annex A of Revenue Memorandum Order (RMO) No. 7-
2015 provides for the Revised Consolidated Schedule of Compromise Penalties
for Violations of the National Internal Revenue Code (NIRC),
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For late filing of Tax Returns with NO Tax Due to be paid, the
compromise penalty will be imposed upon filing of the Tax Return based on the
following:
The purpose and relevance of this item is for the total amount of
penalties imposed by BIR to the Compensation Income Earner under items 31
to 33 in relation to filing of his return as required by BIR and the compliance to
the corresponding payment of the tax subject thereof, in accordance of the
applicability of the provisions on Civil Penalties under Section 248, 249, 250,
255, 275 of the Tax Code and RMO. No 7-2015 as discussed above in the
previous items.
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The purpose and relevance of this item is for the total sum of item no.
30, referring to the Amount of Tax Payable or Overpayment and the amount in
item no. 34, the sum of penalties to be paid by the Compensation Income
Earner imposed by BIR.
The purpose and relevance of this item is for the total sum of item no.
35, the Total Amount Payable or Overpayment, which is the sum of the amount
indicated on such item for the Compensation Income Earner and the spouse
indicated if the CIE taxpayer chose joint filing with the other spouse for the
income tax return for the taxable year.
(1) Employer. – When there has been an overpayment of tax under this
Section, refund or credit shall be made to the employer only to the
extent that the amount of such overpayment was not deducted and
withheld hereunder by the employer.
(2) Employees. – The amount deducted and withheld under this Chapter
during any calendar year shall be allowed as a credit to the recipient of
such income against the tax imposed under Section 24(A) of this Title.
Refunds and credits in cases of excessive withholding shall be granted
under rules and regulations promulgated by the Secretary of Finance,
upon recommendation of the Commissioner.
Any excess of the taxes withheld over the tax due from the taxpayer
shall be returned or credited within three (3) months from the fifteenth
(15th) day of April. Refunds or credits made after such time shall earn
interest at the rate of six percent (6%) per annum, starting after the
lapse of the three-month period to the date the refund of credit is made.
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Refunds shall be made upon warrants drawn by the Commissioner or
by his duly authorized representative without the necessity of counter-
signature by the Chairman, Commission on Audit or the latter’s duly
authorized representative as an exception to the requirement prescribed
by Section 49, Chapter 8, Subtitle B, Title 1 of Book V of Executive
Order No. 292, otherwise known as the Administrative Code of 1987.
The purpose and relevance of this item is for the number of additional
sheets attached by the taxpayer in relation to the other items which needs
more filling spaces in addition to the details in the return. It also includes
attachments for proof to substantiate tax credits, payments, deductions and
other relevant matters involving the taxpayer’s income tax liability.
The purpose and relevance of this item if for the details of the particulars
of the payment mode of the taxpayer. The particulars of this item relating to
details of payment are; Cash/Bank Debit Memo, the Drawee Bank or Agency,
Check Payment, Tax Debit Memo and others as can be indicated by the
taxpayer.
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Section 42. Income from Sources Within the Philippines. –
xxxx
xxxx
(B) Exclusions from Gross Income. – The following items shall not be
included in gross income and shall be exempt from taxation under this
Title:
(a) Retirement benefits received under Republic Act No. 7641 and
those received by officials and employees of private firms, whether
individual or corporate, in accordance with a reasonable private
benefit plan maintained by the employer:
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(b) Any amount received by an official or employee or by his heirs
from the employer as a consequence of separation
(i) The recipient was selected without any action on his part
to enter the contest or proceeding; and
(e) 13th Month Pay and Other Benefits. — Gross benefits received
by officials and employees of public and private entities: Provided,
however, That the total exclusion under this subparagraph shall
not exceed ninety thousand pesos (PhP90,000)
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(i) Benefits received by officials and employees of the
national and local government pursuant to Republic Act No.
6686;
The purpose and relevance of the this item is that it pertains to the
Compensation Income earned by the RC, NRC or RA taxpayer in whatever form
paid under Section 32 (A) (1) less the exclusions under Section 32 (B) , which
pertains to income received but expressly provided as not included in gross
income and shall be exempt from taxation.
Section 31. Taxable Income Defined. –
The term ‘taxable income’ means the pertinent items of gross income
specified in this Code, less deductions, if any, authorized for such types
of income by this Code or other special laws.
(B) Exclusions from Gross Income. – The following items shall not be
included in gross income and shall be exempt from taxation under this
Title:
xxxx
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Normally, the gross taxable compensation income is first determined,
after excluding those income exempt under Section 32 (B) that are received by
the Compensation Income Earner. From the result of such, deductions will be
made under Section 34 to arrive at the taxable income referred in Section 31.
However, in the present case, Compensation Income Earners are not allowed to
avail any of the deductions as expressly provided for under Section 34. Hence,
the end result after excluding those under Section 32 (B) is the taxable income,
except if there are other income derived by the CIE, which may be indicated in
the next item in the return before arriving at the net taxable income.
Another purpose and relevance of this item is that it does not forego the
possibility of income the Compensation Income Earner may derive which are
non-business and non-profession which may be received in some dealings he
has, referring to those remaining in the list under Section 32, as part of gross
income not subject to Final Withholding Tax (FWT), like passive income, sale of
shares of stocks and sale of real property under Section 24 (B) (C) (D).
Section 32. Gross Income -
In Section 42 (E), the importance of which is that if the seller is not the
manufacturer, the gain or profit shall be treated as derived entirely within the
country the personal property is sold. Sold means the perfection and
consummation of the transaction. If the seller is also the manufacturer and the
personal property is produced within the Philippines and sold outside or vice-
versa, the income shall be treated as derived partly within and partly without
the Philippines.
(A) Gross Income From Sources Within the Philippines. – The following
items of gross income shall be treated as gross income from sources
within the Philippines:
(5) Sale of Real Property. – Gains, profits and income from the sale of
real property located in the Philippines; and
(6) Sale of Personal Property. – Gains, profits and income from the sale
of personal property, as determined in Subsection (E) of this Section
xxxx
(C) Gross Income from Sources without the Philippines. – The following
items of gross income shall be treated as income from sources without
the Philippines:
(5) Gains, profits and income from the sale of real property located
without the Philippines.
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(E) Income from Sources Partly Within and Partly Without the
Philippines
For interest, the compensation income earner should include in his gross
income interest from banks located outside the Philippines. If situated in the
Philippines, subject to final tax under Section 24 (B) (1). This is in relation to
Section 42 (A) (1) and (C) (1) for purposes of considering of gross income.
Section 42. Income from Sources Within the Philippines. –
(A) Gross Income From Sources Within the Philippines. – The following
items of gross income shall be treated as gross income from sources
within the Philippines:
xxxx
(C) Gross Income from Sources without the Philippines. – The following
items of gross income shall be treated as income from sources without
the Philippines:
(1) Interests other than those derived from sources within the
Philippines as provided in paragraph (1) of Subsection (A) of this
Section;
For rents and royalties, it is not limited to rents and royalties received as
a leasing business owner engaged in trade or business. These are fixed sum
either in cash or property equivalent, to be paid at a definite period for the use
of enjoyment of a thing or right. The scope is all rentals derived from the lease
of property whether used in business or not, real or personal, earnings from
intellectual property rights. This is in relation to Section 42 (A) (4) an (C) (4). If
the source of this other income under this category is derived outside the
Philippines, then it is added to other taxable gross income because it is not
subject final tax under Section 24 (B) (1).
(A) Gross Income From Sources Within the Philippines. – The following
items of gross income shall be treated as gross income from sources
within the Philippines:
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(4) Rentals and Royalties. – Rentals and royalties from property located
in the Philippines or from any interest in such property, including
rentals or royalties for-
(a) The use of or the right or privilege to use in the Philippines any
copyright, patent, design or model, plan, secret formula or process,
goodwill, trademark, trade brand or other like property or right;
(b) The use of, or the right to use in the Philippines any industrial,
commercial or scientific equipment;
(d) The supply of any assistance that is ancillary and subsidiary to,
and is furnished as a means of enabling the application or enjoyment
of, any such property or right as is mentioned in paragraph (a), any
such equipment as is mentioned in paragraph (b) or any such
knowledge or information as is mentioned in paragraph (c);
(C) Gross Income from Sources without the Philippines. – The following
items of gross income shall be treated as income from sources without
the Philippines:
xxxx
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included in gross income. If derived from a foreign corporation, it is to be added
and included in his gross income under and subject to Section 42 (2) and (C)
(2).
Section 42. Income from Sources Within the Philippines. –
(A) Gross Income From Sources Within the Philippines. – The following
items of gross income shall be treated as gross income from sources
within the Philippines:
(b) From a foreign corporation, unless less than fifty percent (50%) of the
gross income of such foreign corporation for the three-year period
ending with the close of its taxable year preceding the declaration of
such dividends (or for such part of such period as the corporation has
been in existence) was derived from sources within the Philippines as
determined under the provisions of this Section; but only in an amount
which bears the same ratio to such dividends as the gross income of the
corporation for such period derived from sources within the Philippines
bears to its gross income from all sources.
xxxx
(C) Gross Income from Sources without the Philippines. – The following
items of gross income shall be treated as income from sources without
the Philippines:
xxxx
(2) Dividends other than those derived from sources within the
Philippines as provided in paragraph (2) of Subsection (A) of this
Section;
For Annuities, to be added in the gross income are those annuities not
falling under the exclusions under Section 32 (B).
For Prizes and Winnings, the Compensation Income Earner may earn
such which may be subject to Final Tax under Section 24 (B) (1) hence need
not be added to gross income otherwise, it will be considered as additional
taxable income. If it is derived from the Philippines and exceeds 10, 000. 00
pesos, it will be subjected to Final Tax. If it is derived within but not exceeding
10, 000. 00 pesos, it considered as additional taxable income and included in
the gross income. If it is derived outside the Philippines regardless of the
amount, it is also included in the gross income.
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For Pensions, similar rule applies as for annuities. Those pensions not
falling under the exclusions under Section 32 (B) are considered additional
taxable income which are included in the gross income.
Moreover, other income that are not found among those items of Gross
Income enumerated under Section 32 may still be derived by the Compensation
Income Earner. Another relevance of this item is that it shows that the list of
sources of income within the Philippines under the above provision is not an
exclusive list for income that can be derived by a Compensation Income Earner
aside from those above items. Provided that any activity, services or prizes is
performed, entered and consummated and done in the Philippines and income
is derived, and not found in the enumeration in Section 32 (A) on items on
Gross Income, it is considered as income derived within the Philippines which
must be included in the gross income, hence, taxable. This is the reason for the
phrase “including, but not limited to the following items”.
Hence, this item in the return sees the possibility that aside from
compensation income, the Compensation Income earner may derive income
received during the course of his employment, from sources within or without if
the CIE is a Resident Citizen, or from sources only within of he is a Non-
Resident Citizen or Resident Alien.
The purpose and relevance of this item is the indication of the total
amount of taxable income of the Compensation Income Earner who is a RC,
NRC or RA. Upon arriving at his gross taxable compensation income, other
taxable income by which he may receive other than those under Section 32
comprising gross income and not subject to FWT will be added in which the
result is indicated in this item, which will be the net taxable income.
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Item No. 47 – Tax Due (Item 46 multiplied by Applicable Income Tax
Rates
The purpose and relevance of this item is the indication of the amount of
the ultimate tax liability of the Compensation Income Earner who is a RC,
NRC, or RA. The formula to arrive at the amount for the tax liability in this
item is:
xxxx
xxxx
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The following items of gross income shall be treated as income from
sources without the Philippines:
xxxx
(B) Exclusions from Gross Income. – The following items shall not be
included in gross income and shall be exempt from taxation under this
Title:
(a) Retirement benefits received under Republic Act No. 7641 and
those received by officials and employees of private firms, whether
individual or corporate, in accordance with a reasonable private
benefit plan maintained by the employer:
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(e) Benefits received from or enjoyed under the Social Security
System in accordance with the provisions of Republic Act No.
8282. (f) Benefits received from the GSIS under Republic Act No.
8291, including retirement gratuity received by government
officials and employees.
(i) The recipient was selected without any action on his part
to enter the contest or proceeding; and
(e) 13th Month Pay and Other Benefits. — Gross benefits received
by officials and employees of public and private entities: Provided,
however, That the total exclusion under this subparagraph shall
not exceed ninety thousand pesos (PhP90,000)
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Contributions. – GSIS, SSS, Medicare and Pag-Ibig
contributions, and union dues of individuals.
The purpose and relevance of the this item is that it pertains to the
Compensation Income earned by the NRANETB taxpayer in whatever form paid
under Section 32 (A) (1) less the exclusions under Section 32 (B) , which
pertains to income received but expressly provided as not included in gross
income and shall be exempt from taxation as indicated in item no. 49 above.
Section 31. Taxable Income Defined. –
The term ‘taxable income’ means the pertinent items of gross income
specified in this Code, less deductions, if any, authorized for such types
of income by this Code or other special laws.
(B) Exclusions from Gross Income. – The following items shall not be
included in gross income and shall be exempt from taxation under this
Title:
xxxx
Page | 38
year, which with that fact, is required to file an annual tax return. Should
there no other income from other employers, there will be no need for to file an
income tax return. The BIR Form 2316, the Certificate of Compensation
Payment/Tax Withheld is enough proof that the compensation income has
already been subjected to income tax.
Another purpose and relevance of this item is that it does not forego the
possibility of income the Compensation Income Earner may derive which are
non-business and non-profession which may be received in some dealings he
has, referring to those remaining in the list under Section 32, as part of gross
income not subject to Final Withholding Tax (FWT), like passive income, sale of
shares of stocks and sale of real property under Section 24 (B) (C) (D).
Section 32. Gross Income -
In Section 42 (E), the importance of which is that if the seller is not the
manufacturer, the gain or profit shall be treated as derived entirely within the
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country the personal property is sold. Sold means the perfection and
consummation of the transaction. If the seller is also the manufacturer and the
personal property is produced within the Philippines and sold outside or vice-
versa, the income shall be treated as derived partly within and partly without
the Philippines.
(A) Gross Income From Sources Within the Philippines. – The following
items of gross income shall be treated as gross income from sources
within the Philippines:
(5) Sale of Real Property. – Gains, profits and income from the sale of
real property located in the Philippines; and
(6) Sale of Personal Property. – Gains, profits and income from the sale
of personal property, as determined in Subsection (E) of this Section
xxxx
(C) Gross Income from Sources without the Philippines. – The following
items of gross income shall be treated as income from sources without
the Philippines:
(5) Gains, profits and income from the sale of real property located
without the Philippines.
xxxx
(E) Income from Sources Partly Within and Partly Without the
Philippines
For interest, the compensation income earner should include in his gross
income interest from banks located outside the Philippines. If situated in the
Philippines, subject to final tax under Section 24 (B) (1). This is in relation to
Section 42 (A) (1) and (C) (1) for purposes of considering of gross income.
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Section 42. Income from Sources Within the Philippines. –
(A) Gross Income From Sources Within the Philippines. – The following
items of gross income shall be treated as gross income from sources
within the Philippines:
xxxx
(C) Gross Income from Sources without the Philippines. – The following
items of gross income shall be treated as income from sources without
the Philippines:
(1) Interests other than those derived from sources within the
Philippines as provided in paragraph (1) of Subsection (A) of this
Section;
For dividends, the Compensation Income Earner may derive such income
from a domestic and foreign corporation. If derived from a domestic corporation
it is subject to final income tax under Section 24 (B) (1) hence not to be
included in gross income. If derived from a foreign corporation, it is to be added
and included in his gross income under and subject to Section 42 (2) and (C)
(2).
Section 42. Income from Sources Within the Philippines. –
(A) Gross Income From Sources Within the Philippines. – The following
items of gross income shall be treated as gross income from sources
within the Philippines:
(b) From a foreign corporation, unless less than fifty percent (50%) of the
gross income of such foreign corporation for the three-year period
ending with the close of its taxable year preceding the declaration of
such dividends (or for such part of such period as the corporation has
been in existence) was derived from sources within the Philippines as
determined under the provisions of this Section; but only in an amount
which bears the same ratio to such dividends as the gross income of the
corporation for such period derived from sources within the Philippines
bears to its gross income from all sources.
xxxx
(C) Gross Income from Sources without the Philippines. – The following
items of gross income shall be treated as income from sources without
the Philippines:
Page | 41
xxxx
(2) Dividends other than those derived from sources within the
Philippines as provided in paragraph (2) of Subsection (A) of this
Section;
For Annuities, to be added in the gross income are those annuities not
falling under the exclusions under Section 32 (B).
For Prizes and Winnings, the Compensation Income Earner may earn
such which may be subject to Final Tax under Section 24 (B) (1) hence need
not be added to gross income otherwise, it will be considered as additional
taxable income. If it is derived from the Philippines and exceeds 10, 000. 00
pesos, it will be subjected to Final Tax. If it is derived within but not exceeding
10, 000. 00 pesos, it considered as additional taxable income and included in
the gross income. If it is derived outside the regardless of the amount, it is also
included in the gross income.
For Pensions, similar rule applies as for annuities. Those pensions not
falling under the exclusions under Section 32 (B) are considered additional
taxable income which are included in the gross income.
Moreover, other income that are not found among those items of Gross
Income enumerated under Section 32 may still be derived by the Compensation
Income Earner. Another relevance of this item is that it shows that the list of
sources of income within the Philippines under the above provision is not an
exclusive list for income that can be derived by a Compensation Income Earner
aside from those above items.
Hence, this item in the return sees the possibility that aside from
compensation income, the Compensation Income earner may derive income
received during the course of his employment, from sources only within the
Philippines being a NRANETB.
The purpose and relevance of this item is the indication of the total
amount of taxable income of the Compensation Income Earner who is a
NRANETB. Upon arriving at his gross taxable compensation income, other
Page | 42
taxable income by which he may receive other than those under Section 32
comprising gross income and not subject to FWT will be added in which the
result is indicated in this item which will be the net taxable income.
The purpose and relevance of this item is the indication of the amount of
the ultimate tax liability of the Compensation Income Earner who is a Non-
Resident Alien Not Engaged in Trade or Business (NRANETB). The formula to
arrive at the amount for the tax liability in this item is:
Item No. 54 – Tax Withheld per BIR Form No. 2316, if applicable
The purpose and relevance of this item is for the indication of the tax
withheld related to BIR Form No. 2316, the Certificate of Compensation
Payment or Tax Withheld, to the current income tax return to be filed by the
Compensation Income Earner.
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The BIR defines compensation as either salaries, wages or other forms of
remuneration given by an employer to an employee. This is in relation to
Section 79 (A) (B) and 81 of the Tax Code on Withholding on Wages.
The return shall be filed and the payment made within twenty-five (25)
days from the close of each calendar quarter: Provided, however, That
the Commissioner may, with the approval of the Secretary of Finance,
require the employers to pay or deposit the taxes deducted and
withheld at more frequent intervals, in cases where such requirement is
deemed necessary to protect the interest of the Government.
Page | 44
paid to the employee and the corresponding taxes withheld during the calendar
year. This is needed to be attached to a Compensation Income Earner who
earned other income from other employers during the taxable year, which with
that fact, an annual tax return is needed to be filed.
The purpose and relevance of this item is to determine the amount paid
for the original income tax return filed, if this current return to be filed is an
amended return. This item is also relevant to determine the date the amended
return filed for purposes of reckoning period of the 2-year period within which
to avail of the remedy to recover the tax he paid on the original return filed
when he realize that he it is excessive or wrongfully collected upon filing an
amended return.
Section 229. Recovery of Tax Erroneously or Illegally Collected. –
In any case, no such suit or proceeding shall be filed after the expiration
of two (2) years from the date of payment of the tax or penalty
regardless of any supervening cause that may arise after payment:
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The purpose and relevance of this item is for the individual taxpayer to
indicate the desire to avail of foreign tax credits for taxes paid in a foreign
country under Section 34 (C) (3) and indicate the amount of Foreign Tax
Credits which will be deducted.
xxxx
The purpose and relevance of this item is for the CIE individual taxpayer
to indicate other tax credits or tax payments paid before the filing of the return
for purposes of deducting such from the amount tax due of the CIE.
The purpose and relevance of this item is to indicate the sum of the Total
Tax Credits or Payments made by the CIE individual taxpayer either as a RC,
NRC, RA or NRANETB from items 54 to 58.
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Item No. 59 – Net Tax Payable / (Overpayment)
The purpose and relevance of this item is to indicate the amount after
deducting the total tax credits/payment by the CIE taxpayer from the Tax Due
either as RC, NRC or RA or NRAETB, which is in item no. 47 or as NRANETB,
which is reflected in item no. 53.
The importance in this item is that the amount is also reflected in item
28 on Part III on the Total Tax Payable computation.
PART VI – SCHEDULE
This item also shows that the CIE taxpayer has more than one (1)
employer on which compensation income are earned which in effect requires
the filing of an Income Tax Return under Section 51 (2) (b) of the Tax Code. If,
however, he has more only one (1) employer, substituted filing under Section
51-A will govern:
Section 51. Individual Return. –
(2) The following individuals shall not be required to file an income tax
return
Page | 47
compensation concurrently from two or more employers at any time
during the taxable year shall file an income tax return;
xxxx
This item indicates the names of the employers and the corresponding
Total Gross Compensation and Total Tax Withheld of the CIE taxpayer from all
his employers and if applicable, with the spouse, if jointly filed the current tax
return, whether they have the same or different employers. This is for correct
amount of deductions on tax credits to be applied in the computation of the tax
due of the CIE.
Another purpose and relevance of this item is for the indication of the tax
withheld related to the Certificate of Compensation Payment or Tax Withheld
filed by the employers, to the current income tax return to be filed by the
Compensation Income Earner, if he separately filed his return from the spouse.
Page | 48