2020NMBE Taxation With Answers
2020NMBE Taxation With Answers
2020NMBE Taxation With Answers
Taxation
4. Which of the following may qualify as “de minimis” benefit for income tax
purposes?
a. Funeral wreath given by the Company amounting to PhP 500 and supported
by sales invoice named under the Company
b. Daily meal allowance not exceeding twenty five percent (25%) of the
basic minimum wage
c. Monetized unused sick leave credits of eight (8) days
d. Silver watch given to an employee for his 25th Anniversary in the
Company amounting to PhP 6,000
a. Gross selling price of the property or current fair market value (FMV)
as determined in accordance with Section 6 (E) of the 1997 Tax Code, as
amended, whichever is higher.
b. Gross selling price of the property or current FMV as determined in
accordance with Section 6 (E) of the 1997 Tax Code, as amended, whichever is
lower
c. FMV determined by the Commissioner or FMV as shown in the schedule of
values of the Provincial and City Assessors, whichever is higher
d. FMV determined by the Commissioner or FMV as shown in the schedule of
values of the provincial and city assessors, whichever is lower
1
6. In relation to the due process requirement in the issuance of a deficiency
tax assessment, which of the following option/s available to a protesting
taxpayer is/are not incorrect?
a. I only. c. IV only.
b. I and IV. d. II, III and IV.
2
d. The manufacturer transfers the sales tax to the distributor, then in
turn to the wholesaler, in turn to the retailer and finally to the
consumer.
3
10. I. The power of taxation is inherent in sovereignty being essential to
the existence of every government. Hence, even if not mentioned in the
constitution the state can still exercise the power and is essentially a
legislative function.
II. Even in the absence of any constitutional provision, taxation power
falls to Congress as part of the general power of law-making.
Registered Unregistered
Particulars
Activities Activities
Gross sales PhP121,700,000 PhP10,425,000
Cost of sales (103,400,000) (7,297,500)
Gross income PhP 18,300,000 PhP 3,127,500
Other Income (net gain on disposal of -
office PPE) 550,500
Total Gross Income PhP 18,300,000 PhP 3,678,000
The Company had unutilized and excess input VAT amounting to PhP 545,000
attributable to its zero-rated sale of services. In this regard, the Company
filed a claim for the issuance of a tax credit certificate (TCC) with the
Department of Finance (DOF). However, the claim was denied on the sole ground
that the Company did not strictly comply with the invoicing requirements for
zero-rated sales. In view of the DOF’s denial of its claim, the Company wrote
off the claim in its books and is part of the above operating expenses.
Meanwhile, the creditable withholding taxes (CWTs) from the first three (3)
quarters amounted to PhP 98,000 (including PhP 10,000 CWTs dated 2019) while
CWTs for the 4th quarter totaled PhP 33,600 (including PhP 5,000 CWTs not in
the name of the Company).
Determine the income tax still due to the Bureau of Internal Revenue (BIR).
a. P1,605,097 c. P1,229,097
b. P1,239,097 d. P1,721,697
12. A married, earned P225, 000 (net of P40, 000 w/tax) compensation income
from employment from July to December 2018. He has a legally adopted child as
qualified dependent and paid P3,000 as health and hospitalization insurance
premiums. For 2010, he can deduct premiums
for health and hospitalization insurance of:
a. P3, 000 c. P2, 400
b. P1, 200 d. P0
4
13. Senor C.T. Zen, 65 years old is a person with disability. He purchased
medicines from drugstore with a list price of P22,400. If the amount is gross
of discount and value-added tax, how much should Senor Zen pay to the
drugstore?
a. P22,400 c. P16,000
b. P20,000 d. P18,400
14. ABC Corporation took two keymen insurance on the life of its President,
Mr. X. In one policy, the beneficiary is the corporation to compensate it for
its expected loss in case of death of its president. The other policy
designates Mr. X’s wife as its irrevocable beneficiary.
16. A vacant commercial land located in a city measuring 2,000 square meters
has a market value of P1,100 in the tax declaration and a zonal value of P800.
If the city has maximized the assessment level and tax rate to that allowed by
law. how much is the total real property tax payable?
a. P36,300 c. P33,000
b. P17,600 d. P 9,900
17. First statement: Only VAT-registered taxpayers are required to pay Value-
Added Tax.
Second statement: Taxpayers whose gross annual sales or receipts exceed the
VAT threshold amount are required to pay Value-Added Tax in all cases.
a. Both statements are correct
b. Both statements are incorrect
c. Only the first statement is correct
d. Only the second statement is correct
5
18. [Assume NIRC] Spouses Clark and Leah Medina, both Filipino citizens but
working in San Francisco, are the owners of a residential house and lot in
Tenement 1, Quezon City. Their son, Clark Jr., married Angela, on January 2,
2016. On the day of the marriage, the spouses said real property to their son
and daughter-in-law. At the time of the donation, the real property has a
zonal value of P2,000,000, an assessed value of P1,500,000 and an unpaid
mortgage of P200,000 assumed by Clark Jr. and Angela.
How much is the donor’s tax due of Leah Medina assuming this is her only
donation during 2016?
a. P164,000
b. P147,000
c. P146,600
d. None of the above
21. Mr. A. Pascual bought a 2,000 square meter land at a cost of P500,000. He
leased the land to Mr. B Franco at an annual rental of P40,000. The term of
the contract of lease is 15 years. The contract of lease provides that Mr.
Franco shall construct a building on the land and the building shall belong to
the lessor at the end of the term of the lease or at the termination of the
lease. The building was constructed at a total cost of P400,000 and has an
estimated useful life of 20 years which is the basis of a straight-line method
of depreciation.
6
Assuming the contract of lease was terminated after the tenth (10th) year of
the beginning of the eleventh (11th) year due to the fault of the lessee, the
income of M. A. Pascual in the eleventh (11th) year is:
a. P173,333.34
b. P200,000
c. P133,333.34
d. P400,000
The following data are taken from the books of Caluag Inc. for the month of
May 2019:
a. P384,000 c. P532,800
b. P148,800 d. P136,800
23. All of the following are example of constructive receipt of income except:
24. Under Republic Act (RA) No.10963, otherwise known as the Tax Reform for
Acceleration and Inclusion (TRAIN) Law, individual taxpayers may avail
of the 8% income tax rate in lieu of the graduated income tax rates and
percentage tax.
Which of the following is/are not allowed to avail the 8% income tax rate
under the TRAIN Law?
7
III. Elias and Luna, purely compensation income earners of Las Espadas
25. The following statements are presented to you for your evaluation:
26. During 2019, Mr. Stock N. Yu, a non-dealer of securities had the following
transactions in the shares of Hagkut Corporation, a domestic
corporation:
*The share sold in August 15, 2019 were the same share bought on June 20,
2019.
Considering the above transactions as involving identical shares, which of the
following is false:
a. Deferred loss of PhP 36,000 from August 15, 2018 sales will be added to
the tax basis of the replacement shares that occurs within 30 days
before and after the sale.
b. If all the shares from July 18, 2018 are sold at a total price of PhP
113,400. It will have a gain on sale of PhP 9,450.
c. The adjusted basis of replacement shares acquired on August 31, 2019 is
PhP 181,350.
d. Deductible loss of PhP 12,000 from August 15, 2018 sales is not a wash
sale loss but a realized loss deducted against ordinary gains.
8
On the same year, the BIR discovered that the DST on the lease agreement was
not paid by any of the Companies and decided to impose such tax on the
transaction. Who is liable to pay the DST on the lease? agreement?
a. Company S
b. Company B
c. Both Company S and Company B
d. None of the above
During 2018, KTG-PH, a VAT-registered tax payer, has unutilized input VAT of
30 Million for the year 2017. The unutilized input VAT is attributable to a
zero-rated sale transaction with KTG-US. Is KTG-PH allowed for refund or
request for the issuance of tax credit certificate (TCC) pursuant to Section
108(B)(2) of the tax code?
A. Yes, such services qualify for VAT zero-rating, because the same were
paid for in US Dollars and duly accounted for under the rules and
regulations of BSP.
B. Yes. KTG-USA, the recipient of such services is engaged in business
conducted entirely outside the Philippines.
C. No. KTG-USA, the recipient of such services is considered as doing
business in the Philippines through KTG-PH.
D. No. Pursuant to Section 108(B)(2), research and development services are
among those services that are treated as vatable transactions subject to
12%.
29. GSM Inc. was assessed deficiency Expanded Withholding Tax (EWT) and Final
Withholding Value-Added Tax (FVAT) for taxable year 2003. It filed a protest
against the deficiency tax assessments.
• April 8, 2011 – GSM Inc. filed a letter-reply to the AAN and FDDA, which
was received by the BIR on 11 April 2011.
• May 9, 2011 – The BIR sent a letter to GSM Inc., claiming that GSM
Inc.’s letter-reply produced no legal effect since it was the improper
remedy, as GSM Inc. should have appealed the final decision of the
Commissioner of Internal Revenue (CIR) to the Court of Tax Appeals (CTA)
within 30 days from receipt of the CIR’s decision; otherwise, the
assessment became final, executory and demandable.
• May 27, 2011 – GSM Inc. filed a Petition for Relief from Judgment with
the CIR arguing that it failed to file its proper appeal of the FDDA due
to its mistake and excusable negligence as it was not assisted by
counsel.
• June 29, 2011 – GSM Inc. received a Preliminary Collection Letter, which
was deemed a denial of GSM Inc.’s Petition for Relief from Judgment.
9
• July 26, 2011 – GSM Inc. filed a Petition for Review with the CTA, which
dismissed the case for lack of jurisdiction due to the lapse of the
statutory period to appeal. GSM Inc. appealed to the Supreme Court.
a. GSM Inc.’s reply dated April 8, 2011 to the Regional Director was a
protest of both the AAN and the FDDA.
b. Since the deficiency EWT is a component of the aggregate tax due
reflected in the FDDA, the FDDA cannot be considered as the final
decision of the CIR as one of its components - the amended deficiency
EWT - is still under protest.
c. Only when the CIR has resolved the protest on the deficiency EWT could
there be a final decision on GSM Inc.’s liabilities. And only when there
is a final decision of the CIR would the prescriptive period to appeal
with the CTA begin to run.
d. None of the above.
30. Which of the following is/are correct in relation to the transfer pricing
(TP) audit guidelines?
a. The amount of output tax declared during the year and the account title
and amount/s upon which the same was based.
b. Tax cases, and amounts involved, under preliminary investigation,
litigation and/or prosecution in courts or bodies outside the Bureau of
Internal Revenue (BIR).
c. The landed cost of imports and the amount of customs duties and tariff
fees paid or accrued thereon.
d. All other taxes, local and national, including real estate taxes,
license and permit fees lodged under the taxes and licenses account
under operating expense accounts.
10
32. As a recently hired from an audit firm, your senior in charge asked you to
evaluate the propriety of the expanded withholding tax (EWT) treatment
of Pagalingan Corporation on the following income payments:
For tax purposes, which of the following is not among the compelling
persuasive factors that must be present in order for a lease to be classified
as conditional sale:
34. To avoid penalty for late filing, V33nus Company filed its Annual ITR for
the calendar year 1999 on April 13, 2000. The fraudulent return was discovered
on June 10, 2004.
36. Which of the following real properties is subject to real property tax?
11
A. Building owned by Kaja Coop., a duly registered cooperative.
B. A machinery owned by Angela Company, a PEZA-registered entity enjoying
an Income Tax Holiday (ITH) incentive on its second year of operation
C. A land owned by Estes Inc., a PEZA-registered entity developer enjoying
five percent (5%) gross income tax (GIT) incentive
D. Building owned by Government Service Insurance System (GSIS) leased out
to Philippine National Police (PNP)
37. Assume that the net loss before tax of Leo Balthazar Inc. (Leo) for the
second quarter of calendar year (CY) 2019 is PhP 15,854,448.
For tax purposes, Leo has an option on whether to claim optional standard
deduction (OSD) in lieu of the itemized deductions. The OSD is computed
by multiplying the taxable gross income by 40%. The taxable gross income
is computed by deducting the deductible cost of sales/services against
the taxable revenues and other income. The itemized deductions pertain
to the deductible expenses other than cost of sales/services for tax
purposes. However, Leo failed to elect OSD in the first quarter.
a. P3,836,474.10 c. P3,863,454.00
b. P3,913,869.90 d. P 0
38. Vito Dela Torre, a person with disability (PWD), made the following
purchases of goods during the first week of November for his personal
consumption:
12
transactions, what is the total amount of discount that Vito Dela Torre can
avail?
a. P3,150 c. P2,940
b. P3,360 d. P 0
13
39. Which of the following is/are true regarding the new procedures for
claiming tax treaty privileges of nonresident income earners:
40. Which of the following is/are correct regarding the eComplaint System?
14
41. In 2009, Z sold a piece of land which had a cost of P1M for a selling
price of P4M. The sale called for an assumption by the buyer of a mortgage on
the land of P1.5M, cash of P500,000 on the date of sale and installment
payments of P500,000 every year thereafter. The land is an ordinary asset. The
income to be reported in 2009 under the installment method of reporting income
is
A. P500,000 C. P375,000
B. P750,000 D. P1,000,000
42-44. A sold his principal residence at a selling price of P5M but with a FMV
of P6M. The property sold was acquired for P3M. He purchased his new
principal residence at a cost of P7M. The capital gains tax is
42.
A. P360,000 C. P240,000
B. P300,000 D. P 0
43. How much is the basis (cost) of the new principal residence?
A. P7,000,000 C. P5,000,000
B. P6,000,000 D. P4,000,000
44. If only P4M out of P5 M was utilized in acquiring his new principal
residence, the capital
gain tax is
A. P60,000 C. P300,000
B. P72,000 D. P360,000
46. Celia donated P110,000.00 to her friend Victoria who was getting married.
Celia gave no other gift during the calendar year. What is the donor’s tax
implication on Celia’s donation?
47. The widow of your best friend has just been paid P1,000.000 on account of
the life insurance policy of the deceased husband. She asks you whether
she should declare the amount for income tax purposes or for estate tax
purposes.
1st advice: The proceeds of life insurance paid to the beneficiary upon the
death of the insured are exempt from income tax and need not be declared
for income tax purposes.
2nd advice: The proceeds of life insurance would have to be declared for
estate tax purposes if the designation of the beneficiary was
irrevocable, otherwise it need not be declared.
15
Choose the correct answer.
a. Both advices are correct.
b. 1st advice correct; 2nd advice wrong;
c. Both advices are wrong.
d. 1st advice wrong, 2nd advice correct
48. A domestic corporation had the following selected data in the preceding
year:
Cash sales P15,255,000
Cost of sales 6,102,000
Operating expenses 3,051,000
Dividend received from a 225,000
domestic corporation
Assessed value of land 2,250,000
Assessed value of building 3,150,000
Assessed value of 6,750,000
machinery
How much would be the total basic and additional community taxes in the
current year?
a. P10,000
b. P10,500
c. P11,052
d. P11,552
50. A non-stock, non-profit school always had cash flow problems, resulting in
failure to recruit well-trained administrative personnel to effectively
manage the school. In 2018, Don Leon donated P 100 million pesos to the
school, provided the money shall be used solely for paying the salaries,
wages, and benefits of administrative personnel. The donation represents
less than 10% of Don Leon's taxable income for the year. Is he subject
to donor's taxes?
a. No, since the donation is actually, directly, and exclusively used for
educational purposes.
b. Yes, because the donation is to be wholly used for administration purposes.
c. Yes, since he did not obtain the requisite NGO certification before he made
the donation.
16
d. No, because the donation does not exceed 10% of his taxable income for
2018.
52. What should the BIR do when the prescriptive period for the assessment of
a tax deficiency is about to prescribe but the taxpayer has not yet complied
with the BIR requirements for the production of books of accounts and other
records to substantiate the claimed deductions, exemptions or credits?
a. Call the taxpayer to a conference to explain the delay.
b. Immediately conduct an investigation of the taxpayer’s activities.
c. Issue a jeopardy assessment coupled with a letter of demand.
d. Issue a notice of constructive distraint to protect government interest.
53. Which among the following taxpayers is required to use only the calendar
year for tax purposes?
a. Partnership exclusively for the design of government infrastracture
projects considered as practice of civil engineering.
b. Joint-stock company formed for the purpose of undertaking construction
projects.
c. Business partnership engaged in energy operations under a service contract
with the government.
d. Joint account (cuentas en participacion) engaged in the trading of mineral
ores.
The output tax for the calendar quarter ended March 31, 2013 is:
A. P 48 000 C. P 140 000
B. P 168 000 D. P 40 000
17
Advances on contracts (VAT not included) 200 000
Retentions on contracts made by clients out
of contract price already earned 90 000
Purchases of:
Materials (VAT included) 224 000
Services of sub-contractor (VAT not included) 448 000
Services of persons subject to percentage taxes 56 000
Salaries of employees 60 000
56. Output taxes are:
A. P 158 400 C. P 132 000
B. P 144 000 D. P 154 000
59. A citizen and resident of the Philippines died on October 5, 2010. He was
a married and the property relationship during the marriage was absolute
community of property. He left behind properties with market values as
follows:
Agricultural land P 100,000
House and lot acquired by inheritance before the marriage 4- 500,000
1/2 yrs. ago, used as family home (with a FMV of P420,000and a
mortgage of P120,000 when acquired: P20,000 was paid by the
decedent before he died)
Jewelry of wife, acquired during the marriage with her income 50,000
Clothes acquired during the marriage , with income during the
marriage:
For use of the decedent 60,000
For us of the wife 70,000
Cash on hand and in banks:
Income from unidentified sources 300,000
From a sale at a loss of exclusive property 1,500,000
Received as gift six yrs. ago and before the marriage (current 40,000
account)
Other properties:
Owned before the marriage 90,000
Acquired during the marriage 20,000
The gross estate is:
a. P1,560,000 c. P2,660,000
b. P1,100,000 d. P3,660,000
60. Statement 1: As a rule , donations to candidates in local and/or national
elections are not subject to donor’s tax.
Statement 2: Donation to a political party is not subject to donor’s tax
if it is reported by the donor to the Comelec and by the candidate in
his Statement of Expenditures.
a. True; True c. False; False
b. True; False d. False; True
18
61. One of the following statements is not true. Which is it? If on any one
date there is a donation by one donor to a donee who is not a stranger
together with a donation to a donee who is a stranger:
a. There will be two separate donor’s tax return because the donor’s tax
on the donation to a non-stranger is at graduated rates while the
donor’s tax on the donation to a stranger is at the flat rate of 30%.
b. There will be one donor’s tax return only, where the donor’s tax at
graduated rates on the donation to a non-stranger will be shown together
with the donor’s tax at the flat rate of 30% on the donation to a
stranger, the total being the donor’s tax to pay.
63. Which of the following is not correct? The gross income tax
A. Is optional to qualified corporation
B. Is available if the ratio of costs of sales to gross sales or
receipts from all sources does not exceed 55%
C. Shall be irrevocable for three consecutive taxable years that the
corporation is qualified under the scheme
D. Is compared with the normal income tax and minimum corporate income
tax
19
B. Priests and religious institutions are exempt from income and property
taxes.
C. Separation benefits received by terminated employees resulting from a
deadlock in their collective bargaining agreement are exempt from income
tax.
D. The value of a property received as a gift, or under a will or testament
or through legal succession is exempt from taxation.
68. During 2018, Juan Carlos Co. has the following transactions:
69. Taxation as distinguished from police power and power of eminent domain.
20
A. Property is taken to promote the general welfare.
B. Maybe exercised only by the government.
C. Operates upon the whole citizenry.
D. There is generally no limit as to the amount that may be imposed.
*end of examination*
21