Module 04 - Income Tax Compliance
Module 04 - Income Tax Compliance
Module 04 - Income Tax Compliance
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LEARNING OUTCOMES
At the end of this module, you are expected to:
Pre-Activity
Try to answer the following questions.
1. Will a taxable income always be reported in an income tax return?
2. Is the monthly compensation income received passive or active income?
3. Do you think a business is allowed to file an annual income tax return which covers
less than a year of operations?
4. How do you think taxes are reported through filing?
5. How do you think taxes are paid?
6. Is it possible that late filing and payment of taxes may double or triple the amount
originally due?
ACCOUNTING PERIODS
Accounting period is the length of time over which income is measured and reported.
Calendar Year
The calendar accounting period starts from January 1 and ends on December 31. This accounting
period is available to both corporate and individual taxpayers.
Under the NIRC, the calendar year shall be used when the:
Fiscal year
A fiscal accounting period is any 12-month period that ends on any day other December 31. The
fiscal accounting period is available only to corporate taxpayers and is not allowed for individual
income taxpayers.
Dissolution of business
The accounting period covers the start of the current year to the date of dissolution of the
business.
ACCOUNTING METHODS
Accounting methods are accounting techniques used to measure income.
Accrual Basis
Under the accrual basis of accounting, income is recognized when earned regardless of when
received. Expense is recognized when incurred regardless of when paid. Income is said to have
accrued when the right to receive is established or when an enforceable right to secure payment
is created against the counterparty.
Cash Basis
Under the cash basis of accounting, income is recognized when received and expense is
recognized when paid.
Normally, the expensing of prepayments does not properly reflect the income of the taxpayer. It
also contradicts the Lifeblood Doctrine as it effectively defers the recognition of income.
Illustration 4.1.
A service-type business reports the following for the year 2019 and 2020: [Refer to the answer on
the right portion]
Actual Tax Accrual Basis Tax Cash Basis
Item
2019 2020 2019 2020 2019 2020
Collection for Services 50,000 80,000 50,000 80,000 50,000 80,000
Rendered
Accrued Income from 50,000 40,000 50,000 40,000 - -
Service Rendered
Collection of Accrued 30,000 45,000 - - 30,000 45,000
Income from Previous
Year
Collections for Service 30,000 20,000 30,000 20,000 20,000 20,000
not yet Rendered
Gross Income - - 130,000 140,000 100,000 145,000
Payment of Current 40,000 60,000 40,000 60,000 40,000 60,000
Year’s Expenses
Accrued Expenses 10,000 15,000 10,000 15,000 - -
Payment of Previous 5,000 10,000 - - 5,000 10,000
Year’s Expenses
Prepayment for Next 20,000 30,000 - 20,000 - 20,000
Year’s Expenses
Net Income - - 90,000 45,000 55,000 55,000
The same can be applied to sellers of goods. The computation of COGS will be the same as what
you have used in your Intermediate Accounting and Cost Accounting classes.
Instalment Method
Installment method is available to the following taxpayers:
Step 3: Check if the Mortgage/Indebtedness assumed exceeds the tax basis of the asset.
If there is no indebtedness assumed, skip this step. If the indebtedness exceeds the tax basis of
the asset, add the excess to Step 4.
Downpayment xx
Instalment made on the same year xx
Excess mortgage/indebtedness (from Step 3) xx
Initial Payment xx
This is to reiterate that it should be at the same year of sale and not within a year after the sale.
Selling Price xx
Mortgage/Indebtedness assumed by the buyer (xx)
Excess mortgage/indebtedness (from Step 3) xx
Contract Price xx
Selling Price xx
Tax Basis of the Asset (xx)
Gross Profit xx
Gross Profit xx
Multiply by: Collection xx
Divide by: Contract Price xx
Gross Income xx
Illustration 4.2.
On June 19, 2019, a dealer made a sale of real property with a tax basis of P1,300,000 for
P2,000,000. The property was subject to a P1,500,000 mortgage which was agreed to be assumed
by the buyer. The buyer paid a P100,000 downpayment with the balance due in two instalments
of P200,000 on December 31, 2019 and July 1, 2020.
This will not be thoroughly discussed in this module since it is similar to the accounting you have
learned in your Intermediate Accounting classes.
Illustration 4.3.
On March 16, 2018, Takder Constructions accepted a P5,000,000 fixed-price construction
contract. It incurred construction expenses of P2,800,000 and P1,500,000 for 2018 and 2019,
respectively. The project was 65% completed by yearend 2018 and was fully completed by 2019.
Under Revenue Regulations No, 2, the income from leasehold improvement can be reported
using either of the two following methods at the option of the taxpayer.
Outright Method
The lessor may report as income the fair market value of such buildings or improvements subject
to the lease at the time when such buildings or improvements are completed.
Spread-Out Method
The lessor may spread over the life of the lease the estimated depreciated value of such buildings
or improvements at the termination of the lease and report as income for each year of the lease
an aliquot part thereof. The depreciated value of the leasehold improvement is computed as
follows.
Cost of Improvement xx
Multiply by: Remaining Useful Life after Lease Term xx
Divide by: Useful Life of the Improvement xx
Depreciated Value xx
It should be pointed out that this rule exists only in the regulation and is absent in the NIRC.
Some taxpayers are questioning its validity pointing out lack of legal basis. However, it is fairly
proper to consider the depreciated value of the improvement that remains to the lessor upon
termination of the lease as income because it is an actual benefit to the lessor. These are, in effect,
additional rental consideration in kind.
However, the treatment specified by the outright method is perceived as unjust and abusive, and
is an improper introduction of legislation. The depreciated value of the improvement at the
termination of the lease should be the proper value to be recognized as gross income under the
outright method. This view is supported by the fact that the spread-out method could not have
been an option if the outright method intended to tax the entire fair value of the improvement
considering the huge disproportion in the reportable gross income in the two options. The
outright method as mandated by the regulation will best apply in cases where lessees pay the
lessor rentals in the form of leasehold improvements or when leasehold improvements made by
lessees are treated as reductions to cash rentals.
Illustration 4.4.
On January 1, 2018, Anderson leased a vacant lot to Greg under a 20-year lease contract. Greg
immediately constructed a building on the lot at a total cost of P4,500,000 and was finished on
December 30, 2019. The building has useful life of 30 years.
Under the plain wordings of Section 49 of Revenue Regulations No. 2, Anderson shall recognize the
entire P4,500,000 fair value of the improvement as gross income upon completion of the improvement
in 2018. This is not income in its totality, but this is the amount referred to by the regulation.
The depreciated value of the property at the termination of the lease is the value of the years of usage of
the lessor. This can be computed by splitting the value of the improvement.
Cost of Improvement 4,500,000
Multiply by: Remaining Useful Life after Lease Term 12
Divide by: Useful Life of the Improvement 30
Depreciated Value 1,800,000
Divide by: Remaining Lease Term 18
Annual Income from Leasehold Improvement 100,000
The computed depreciated value of the improvement will be recognized as income by the lessor for the
remaining 18 years of the lease term.
Period of the
For Individuals in Business For Corporations
Taxable Year
May 15 of the taxable year using
First Quarter
1701Q
Sixty (60) days following the close
August 15 of the taxable year using
Second Quarter of each of the first three (3) quarters
1701Q
of the taxable year using 1702Q
November 15 of the taxable year
Third Quarter
using 1701Q
15th day of the 4th month following
April 15 of the succeeding year
Whole close of the taxpayer's taxable year
using 1701 or 1701A
normally using 1702RT
Frequency of Reporting
Taxpayer Frequency
Individual – Pure Compensation
Annual
Income Earned
Individual – Purely Engaged in
Quarterly and Annually
Business or Profession
Individual – Mixed Income Earner Quarterly and Annually
Corporations Quarterly and Annually
If the employer correctly withheld the tax due of the employee through the withholding tax on
compensation, the employee need not file his Form 1700 anymore since there would be no
residual tax due or tax refundable, The Form 1700 is required if the employee has other taxable
income or has more than one employer, either concurrent or successive, during the year.
Information Returns
Certain taxpayers are also required to file information returns to the government. These
information returns do not involve any payment or withholding of tax but are essential to the
government in its tax mapping efforts and in its evaluation of tax compliance. Non-filing of
required information returns are also subject to penalties, fines, and or imprisonment.
eBIR Forms
The BIR introduced the eBIR Forms with an offline or online version. Taxpayers fill up their
income tax returns in electronic spreadsheets without the need of writing on papers returns. The
system ensures completeness of data on the return and is capable of online submission. If there
are no penalties that require BIR assessments, taxpayers would have to print a hard copy of the
filled tax returns and proceed directly to the bank for payment.
Electronic Filing and Payment System (eFPS)
The eFPS is a paperless tax filing system developed and maintained by the BIR. Taxpayers file
tax returns including attachments in electronic format and pay the tax through the Internet.
Basic Comparison
Activity Manual eBIR eFPS
Data Entry Manual Electronic Electronic
Filing/Submission Manual Electronic Electronic
Tax Payment Manual Manual Electronic
Surcharge
The surcharge penalty to be paid is either of the following:
a. 25% of the basic tax for failure to file or pay deficiency tax on time
b. 50% for willful neglect to file and pay taxes
The non-filing is considered 'willful neglect' if the BIR discovered the non-filing first. This is the
case when the taxpayer received a notice from the BIR to file return. If the taxpayer filed a return
before the receipt of such notice, the same is considered simple neglect subject to the 25%
surcharge.
Interest
The taxpayer must pay an additional 12% per annum interest on the basic tax due starting from
the date of the deadline of filing the return. The actual days will be considered in computing the
period factor.
It should be noted that the TRAIN Law states that the interest penalty shall be twice the legal rate
prescribed by the Bangko Sentral ng Pilipinas which is currently at 6%. The 12% interest rate
prescribed by the TRAIN Law has no retrospective effect on late filings of returns with deadlines
before 2018, thus, the 20% interest is still applicable by the time the interest accrues up to
December 31, 2017.
Compromise
Compromise penalty is paid in lieu of criminal prosecution over a tax violation. For the full
information on the amounts of this penalty, click the link on the following text: Revised Schedule
of Compromise Penalty
Illustration 4.5.
Due to the limited workforce and cash resources, E-Gull Company was not able to file and pay
its 2019 Income Tax Return by the last day of filing on June 15, 2020. The same problem was
only brought up by September 10, 2021 by which the company was only able to finally pay on
September 29, 2021. Their income tax due for 2019 is P250,000.
References:
Banggawan, R. (2019). Income Taxation. Pasay City: Real Excellence Publishing.
Valencia, G. & Roxas, E. (2016). Income Taxation. Baguio City: Valencia Educational Supply.
Reyes, V. (2019). Income Tax Law and Accounting under the TRAIN Law. Manila: GIC Enterprises & Co., Inc.
Ampongan O. (2018). Income Taxation. Mandaluyong City: Millennium Books, Inc.
Self-Check!
Basing on your readings, answer the following questions.
1. What are the three income tax schemes employed in the Philippines? What does
mutual exclusivity mean for the three?
2. What are the accounting periods use in ta reporting?
3. How is the application of accounting methods different from each other?
4. Explain the methods of reporting for income tax.
5. What are the penalties to be paid for late and non-filing of returns?
______3. Which of the following is not required to be paid in case of late filing?
a. Basic Tax Due
b. Surcharge
c. Compromise
d. Interest
e. All are required
______4. Which of the following sale can directly use the instalment method without any
other requisites to follow?
a. Sale of personal property by a dealer
b. Sale of real property by a dealer
c. Sale of personal property by a non-dealer
d. Sale of real property by a non-dealer
Exercise 4.4 ACCOUNTING PERIOD
Determine whether the following needs to file for a regular or short accounting period. Write R if its
regular and S if it is short under the Period Column. Also determine the start and end of the period to be
used on the ITR and deadline for filing and payment. Indicate the code of the form to be used. If the
statement is silent, assume the events occur in 2020 and the reportable period is for a whole accounting
period, be it regular or short.
Taxpayer Period Start End Form Deadline
1. The second quarter return of a
corporation whose fiscal year ends
on April 30
Paz questions why the method is disallowed for this transaction as he has always been using
said method for tax purposes. He also assails that he cannot yet fully pay the related income
tax on the gross income since he is yet to receive most of the instalments in the coming years.
Feeling fed up with the continuous rants of the mad Paz Encioso, the revenue officer just
answered that Paz should research the term “Lifeblood Doctrine” on Google.
Whose contention is tenable?
Due to the cash restrictions of the company, Dina argues that she did not know of the unfiled
ITR and she acted in good faith upon knowing such that she rushed immediately to settle it,
proving that there were no acts of willful neglect. She also argues that there should be no
compromise penalty since this for the criminal prosecution and that the Constitution sets a non-
imprisonment provision limiting the State’s power of taxation. Lastly, she argues that there
should be no interest to be paid on late filing for the same reason that the government does not
pay interest on excess taxes paid to them, also considering that applications for refund takes
longer to be approved in practice.
Will Dina be the hero of the company on this problem?