Deductions, Are The Amounts, Which The Law Allows To Be Deducted From Gross Income in
Deductions, Are The Amounts, Which The Law Allows To Be Deducted From Gross Income in
KINDS OF DEDUCTIONS
1. Itemized Deductions
2. Optional Standard Deduction
3. Special Deductions allowed under special cases.
TAXPAYER ALLOWANCE DEDUCTIONS
Individuals earning pure Beginning 2018, no more deduction is allowed to
compensation income purely compensation income earners.
ITEMIZED DEDUCTIONS
Section 34 of the Tax Code, as amended, provides that, except for taxpayers earning
compensation income arising from personal services rendered under an employer-employee
relationship where no deductions shall be allowed under this Section, in computing taxable
income subject to income tax under Sections 24(A); 25(A); 26; 27(A) and 27(B); there shall be
allowed the following deductions from gross income as follows:
A. Expenses
B. Interest
C. Taxes
D. Losses
E. Bad debts
F. Depreciation
G. Depletion
H. Charitable Contribution
I. Research and development
J. Contributions to Pension Trust
K. Premium Payments on Health and/or Hospitalization Insurance
EXPENSES:
ORDINARY AND NECESSARY TRADE, BUSINESS OR PROFESSIONAL EXPENSES
Section 34(A) (1) (a) of the Tax Code, as amended
In general, there shall be allowed as deductions from gross income all the ordinary and
necessary expenses paid or incurred during the taxable year in carrying on or which are directly
attributable to, the development, management, operation and/or conduct of the trade, business or
exercise of a profession, including:
1. Salaries and wages
A reasonable allowance for salaries, wages, and other forms of compensation for personal
services rendered, including the gross-up monetary value of fringe benefit furnished or
granted by the employer to the employee: Provided, that the income tax imposed on such
salaries and fringe benefits has been paid;
2. Travel
A reasonable allowance for travel expenses, here and abroad, while away from home in the
pursuit of trade, business or profession;
3. Rentals
A reasonable allowance for rentals and/or other payments which are required as a condition
for the continued use or possession, for purposes of the trade, business or profession, of
property to which the taxpayer has not taken or is not taking title or in which he has no equity
other than that of a lessee, user or possessor;
4. Entertainment, Amusement and Recreation Expense
A reasonable allowance for entertainment, amusement and recreation expenses during the
taxable year, that are directly connected to the development, management and operation of
the trade, business or profession of the taxpayer, or that are directly related to or in
furtherance of the conduct of his or its trade, business or exercise of a profession not to
exceed such ceilings as prescribed under RR 10-2002. Provided, that any expense incurred
for entertainment, amusement or recreation (EAR) that is contrary to law, morals, public
policy or public order shall in no case be allowed as deduction.
AMOUNT DEDUCTIBLE - lower Amount between actual and limit:
LIMIT
Sale of Goods or Properties Net Sales x 1/2 of 1%
Sale of services Net Revenue x 1%
For sellers of both goods or properties and services, an apportionment formula is used in
determining the "ceiling" on such expenses based on the following apportionment formula:
Net Sales/Revenue x Actual Expense
Total Net Sales/Revenue
5. (Added under CREATE Law Upon effectivity of CREATE law, an additional deduction from
taxable income of one-half (1/2) of the value of labor training expenses incurred for skills
development of enterprise-based trainees enrolled in public senior high schools, public
higher education institutions, or public technical vocational institutions and duly covered by
an apprenticeship agreement under presidential decree no. 442, series of 1974, or the
"Labor Code of the Philippines", as amended, shall be granted to enterprises: Provided,
further, that for the additional deduction for enterprise-based training of, students from public
educational institutions, the enterprise shall secure proper certification from the DEPED,
TESDA, or CHED: Provided, finally, that such deduction shall not exceed ten percent (10%)
of direct labor wage (RR 5-2021).
REQUISITES FOR DEDUCTIBILITY IN GENERAL:
Must be ordinary and necessary;
Paid or incurred during the taxable year;
Connected with trade, business or practice of profession;
Supported by sufficient evidence; and
Not against the law, morals, public policy or public order;
It must have been subjected to withholding tax, if applicable.
MINOR OR ORDINARY REPAIRS & MAINTENANCE
KIND OF REPAIR TREATMENT
Repairs that materially add to the value of the property. Capitalize
Repairs that appreciably prolong the life of the property Capitalize
Repair that keep the property in this ordinarily efficient operating Outright Expense
condition
INTEREST EXPENSE
Section 34(B) of the Tax Code, as amended by CREATE Law
In General. The amount of interest paid or incurred within a taxable year on indebtedness in
connection with the taxpayer's profession, trade or business shall be allowed as deduction from
gross income.
REQUISITES FOR DEDUCTIBILITY under RR 5-2021 in relation to CREATE Law.
1. The indebtedness must be that of the taxpayer;
2. The interest must have been stipulated in writing;
3. The interest must be legally due;
4. The interest payment arrangement must not be between related taxpayers as
mandated in Sec. 34(B)(2)(b); in relation to Sec. 36(B) both of the Tax Code of 1997
5. The interest must not be incurred to finance petroleum operations; and
6. The interest was not treated as "capital expenditure", if such interest was incurred in
acquiring property used in trade, business or exercise of profession.
Provided, however, that the taxpayer's otherwise allowable deduction for interest
expense shall be reduced by twenty percent (20%) of the interest income subjected to
final tax: Provided, finally, that if the interest income tax is adjusted in the future, the
interest expense reduction rate shall be adjusted accordingly based on the prescribed
standard formula as defined in the rules and regulations to be promulgated by the
secretary of finance, upon the recommendation of the Commissioner of Internal Revenue
(CIR).
Prior to CREATE law, the reduction in the allowable interest expense was 33% of
income subjected to final tax.
The reduction of interest expense by a percentage of income subjected to final
withholding tax is known as the "tax arbitrage” rule.
TRAIN LAW:
Using the RCIT rate of 30% prior to the effectivity of CREATE law for purposes of
illustration, interest expense will result to a lower taxable income but the taxpayer will
enjoy tax benefit (tax savings) of 30% (TRAIN law). On the other hand, the taxpayer
may deposit the proceeds of the loan/borrowings in a bank to yield interest income which
will be subjected to a final tax which is usually lower (20%) compared to the regular
corporate income tax of 30% (TRAIN law), thereby creating “double tax benefit" on the
part of the taxpayer. Difference = 30% - 20% =10%. To neutralize the impact of the
imbalance between the tax savings arising from the reduced taxable income from the
recognition of interest expense and the tax charge to the interest income derived from
such bank deposit, the interest expense to be recognized shall be reduced by 33% of
interest income subjected to FWT.
Difference = RCIT 30% - FWT rate of 20% = 10%
Reduction =10%/30% = 33% (prior to CREATE Law)
CREATE LAW:
The taxpayer's otherwise allowable deduction for interest expense shall be reduced by
an amount equivalent to twenty percent (20%) of interest income subjected to final tax.
However, if the final withholding tax rate on interest income of 20% will be adjusted in
the future, the interest expense reduction rate shall be adjusted accordingly.
Difference = RCIT 25% - FWT rate of 20% = 5%
Reduction = 5%/25% = 20% (CREATE Law)
In the case of corporations, since the income tax rates changed effective July 1, 2020, it
follows that the deduction from the interest expense of 20% shall be effective also on the
said date.
MSMEs
For other domestic corporations with net taxable income not exceeding Five Million
Pesos (P5, 000,000) and total assets not exceeding One Hundred Million (P100,
000,000), excluding the land on which the particular business entity's office, plant and
equipment are situated, the deduction is 0% since there is no difference in the income
tax rate on the taxable income (20%) with the tax rate applied on the interest income
subjected to final tax (20%). Thus, there is no interest arbitrage. The allowable intèrest
expense shall be the same with the actual interest incurred.
NOTE:
Interest (tax) arbitrage shall apply only to interest expense arising from
"borrowings or Ioans”.
Interest expense arising from "unpaid taxes” or “tax assessment” or interest on
tax delinquency or deficiency, provided, the tax is related to trade, business or
practice of profession shall not be covered by this limitation. Meaning, the related
interest shall be 100% deductible.
In the case of individuals engaged in business or practice of profession, such
deduction shall take effect upon the effectivity of the CREATE law on April 11,
2021 instead of July 1, 2020.
COMPUTATION:
Interest Expense (from borrowings) Pxxx
Less: Reduction
Interest income subject to FWT Pxxx
Multiply by either:
TRAIN Law 33%
CREATE law (except MAMEs) 20% (xxx)
Deductible Interest Pxxx
GENERAL RULE - Taxes paid or incurred within the taxable year in connection with the taxpayer's
profession, trade or business, shall be allowed as deduction.
EXCEPTION - The following taxes are not deductible:
1. Income tax
2. Income tax paid abroad if claimed as tax credit
3. Estate tax
4. Donor's tax
5. Special assessment
LIMITATIONS ON DEDUCTIONS [Sec. 34(C)(2)]. In the case of a non-resident alien individual engaged
in trade or business in the Philippines and a resident foreign corporation, the deductions for taxes shall be
allowed only if and to the extent that they are connected with income from sources within the Philippines.
CREDIT AGAINST TAX FOR TAXES OF FOREIGN COUNTRIES [Sec. 34(C)(3)]
Income Tax paid or incurred during the year to any foreign country, at the option of the following
taxpayers, may be treated as operating expenses by the following taxpayers:
Resident citizen;
Domestic corporation;
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 purposes.
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.
b) Not less than seventy-five (75%) of the paid-up capital of the corporation, if the
business is in the name of a corporation, is held by or on behalf of the same persons.
Additional Requirements for NOLCO incurred in 2020 and 2021 under Bayanihan Act II and RR 25-
2020:
1. NOLCO shall be separately shown in the taxpayers income tax return for taxable year
2020 and in the Reconciliation portion of the Tax Return;
2. Unused NOLCO shall be presented in the Notes to the 2020 Financial Statements (with
details of year sustained and amount claimed);
3. NOLCO for taxable year 2020 shall be presented in the Notes to the Financial
Statements separately from the NOLCO for other taxable years.
ABANDONMENT LOSSES
1) In the event a contract area where petroleum operations are undertaken is partially or wholly
abandoned, all accumulated exploration and development expenditures pertaining thereto
shall be allowed as deduction.
2) In case a producing well is subsequently abandoned, the unamortized costs thereof, as well
as the undepreciated costs of equipment directly used therein, shall be allowed as
deduction.
EFFECT IF ABANDONED WELL IS REENTERED AND PRODUCTION IS RESUMED OR
EQUIPMENT IS RESTORED INTO SERVICE
If the abandoned well is re-entered and production is resumed or equipment is restored into
service, the effects are:
a) The amount previously claimed as deduction shall be recognized as income; and
b) Such amount shall also be capitalized and amortized or depreciated, as the case may
be.
DEPLETION OF OIL AND GAS WELLS AND MINES DEDUCTIBLE BY A NON-RESIDENT ALIEN
INDIVIDUAL OR FOREIGN CORPORATION
In the case of non-resident aliens engage in trade or business or resident foreign corporations, depletion
shall be allowed only if the oil and gas wells or mines are located in the Philippines.
b. No part of the net income of which inures to the benefit of any private individual;
c. Not later than 15th day of the third (3 rd) month after the close of the taxable year in
which contributions are received, makes utilization, unless an extended period is
granted by the Secretary of Finance, upon recommendation of the Commissioner of
Internal Revenue.
d. The level of administrative expense of which shall, on an annual basis, in no case to
exceed thirty percent (30%) of the total expenses;
e. The assets of which, in the event of dissolution, would be distributed to:
i. Another domestic corporation organized for similar purpose or purposes; or
ii. The state for public purposes; or
iii. Another organization to be used in such manner as in the judgement of the
court shall best accomplish the general purpose for which the L dissolved
organization was organized.
PER SPECIAL LAWS, DONATIONS MADE TO THE FOLLOWING ARE DEDUCTIBLE IN FULL:
1. Integrated Bar of the Philippines (P.D.181)
2. International Rice Research Institute (R.A.2707)
3. Development Academy of the Philippines (P.D.205)
4. The University of the Philippines & other state colleges
5. Cultural Center of the Philippines
6. Artesian Well Fund (R.A. 1977)
7. Ramon Magsaysay Award Foundation
8. Task Force on Human Settlement
9. Donations to the National Museum, Library and Archives (P.D. 373)
10. National Commission on Culture
11. Humanitarian Science Foundation
12. National Social Action Council
DONATIONS SUBJECT TO LIMIT
The following donations, which do not fall under fully deductible donations, shall be subject to limit:
1) Donations to the Government of the Philippines or any agencies or any political subdivision
thereof exclusively for public purposes;
2) Donations to accredited domestic corporations or associations operated exclusively for:
a. Religious;
b. Charitable;
c. Scientific;
d. Youth and sports development;
e. Cultural;
f. Educational
g. Rehabilitation of veterans;
h. Social welfare institutions; or
i. Non-government organization.
LIMIT:
TAXPAYER RATE BASE
Corporation 5% Taxable Income from trade, business or practice to
Individual 10% profession before charitable contributions
AMOUNT DEDUCTIBLE
Individuals/Estates/Trusts 40% of Gross Sales/Gross Receipt
Corporation/Partnerships 40% of Gross Income x 40%
QUIZZER
f. Between a fiduciary of a trust and a beneficiary of such trust.
Principles
1. Statement 1: Deductions are items or amounts allowed to be subtracted from gross
income to arrive at the taxable income.
Statement 2: Exclusions are receipts which are excluded from the gross income, hence,
do not form part of the gross income.
a. Only statement 1 is correct
b. Only statement 2 is correct
c. Both statements are correct
d. Both statements are incorrect
Answer: C
Answer: B
o "B" refers to “exclusions", not deductions.
3. Political campaign contributions are not deductible from gross income
a. If they are not reported to the Commission on Elections.
b. If the candidate supported wins the election because of possible corruption.
c. Since they do not help earn the income from which they are to be deducted.
d. Since such amounts are not considered as income of the candidate to whom
given.
Answer: C
4. Statement 1: Deductions from gross income are not presumed.
Statement 2: As a rule, deductions means itemized deductions
a. Only statement 1 is correct
b. Only statement 2 is correct
c. Both statements are correct
d. Both statements are incorrect
5. Statement 1: Revenue expenditures are period costs that are related to a particular
period of time of business operation.
Statement 2: Capital expenditures are non-recurring expenditures related to acquisition
of depreciable assets to be used in the business.
6. Lester bought an equipment under a two-year installment basis to be used in his office in
the practice of his profession. Lester will pay P50, 000 monthly for a period of twelve
(12) months. For income tax purposes, the P50,000 monthly payment shall be:
a. Treated as business rental, hence deductible
b. Treated as capital expenditure, hence not deductible
c. Treated as depreciation expense, hence deductible
d. Treated as ordinary business expenses
Answer: B
Pro-forma Journal Entries:
Upon acquisition:
Equipment Pxx
Account Payable Pxx
Installment payment:
Account Payable Pxx
Cash Pxx
7. Statement 1: A taxpayer can only deduct an item or amount from gross income only if
there is a law authorizing such a deduction.
Statement 2: For income tax purposes, a taxpayer is free to deduct from ross income the
full amount of the deduction allowed, or a lesser amount or not to claim any deduction at
all.
a. Only statement 1 is correct
b. Only statement 2 is correct
c. Both statements are correct
d. Both statements are incorrect
Answer: C
8. In cases of deductions and exemptions on income tax returns, doubts shall be resolved
a. Strictly against the taxpayer
b. Strictly against the government
c. Liberally in favor of the taxpayer
d. Liberally in favor of the employer
Answer: A
9. Statement 1: The taxpayer has the burden of justifying the allowance of any deduction
claimed.
Statement 2: Deductions are strictly construed against the government.
a. Only statement 1 is correct
b. Only statement 2 is correct
c. Both statements are correct
d. Both statements are incorrect
Answer: C
10. Statement 1: Only business expenses may be deducted from the gross income
taxpayers.
Statement 2: Itemized deductions from gross income should be duly supported by
vouchers or receipts.
a. Only statement 1 is correct
b. Only statement 2 is correct
c. Both statements are correct
d. Both statements are incorrect
Answer: C
Personal and non-business related expenses are not allowed to be deducted from
the gross income for income taxation purposes.
Refer also to Page 406 for non-deductible items
11. Which of the following is a deductible expense for income tax purposes?
a. Salaries of domestic servants
b. Ordinary repair of the personal car
c. Provision for doubtful accounts
d. None of the above
Answer: D
“A and B" are personal expenses
“C" is unrealized loss. Unrealized gains and losses are not recognized for tax
purposes.
13. One of the requirements in order for expenses to be claimed as deduction for income tax
purposes is that, it should be subject to withholding tax if applicable. What is the
withholding tax rate applicable to rental payments?
a. 1% c. 2%
b. 5% d. 10%
Answer: B
Refer to the preceding number (letter "C") for the requisites for business expense to
be deductible.. Some of the creditable withholding tax rates under RR 11-2018 and
RR 14-2018
In theincome
14.Certain conduct of his business
payments in 2021,
made by credit card Modesto
companiesfound it necessary to 1%
give gifts to the
government officials with whom he had official dealings.
a. These gifts are deductible expenses subject to the substantiation rule.
b. The value of the gift, if de minimis, are allowed to be deducted.
c. Irrespective of the value, the gifts are considered as bribes and not allowed to be
deductible.
d. These gifts are deductible if found to be necessary and properly supported by
receipts.
Answer: B.; "C” is a bribe, hence, non-deductible.
18. The following are the requisites for deduction of compensation expense, except
a. Personal services must have been actually rendered
b. The compensation for such services must be reasonable
c. Both “a" and “b”
d. Neither "a" nor "b”
Answer: D.; “A and B" are required for compensation expense to be deductible.
19. Which of the following is allowable compensation expense of an employer?
a. Salary of employee paid for a limited period of time after his death to his widow is
allowable deduction of the employer.
b. Manager's expense account subject to fringe benefit tax.
c. Both “a” and "b”
d. Neither "a" nor “b"
Answer: C
20. Statement 1: Cost of technical books used by a CPA in the practice of his profession is
allowable business expense.
Statement 2: Tuition fees, board and lodging incurred by a medical doctor while
attending a continuing professional education seminar is allowable business expense.
a. Only statement 1 is correct
b. Only statement 2 is correct
c. Both statements are correct
d. Both statements are incorrect
Answer: C ; Both expenditures are business related
21. Which of the following business expenses of a professional practitioner is not alowed to
be deducted from the gross income?
a. Professional expenses incurred outside the Philippines by a nonresident alien
engaged in business in the Philippines.
b. Income tax paid by a resident citizen to a foreign country.
c. Entire amount incurred for meals, lodging, and travel in connection with own
business.
d. None of the above
Answer: A
NRA-NETB is taxable only on income derived from Philippine sources. Consequently,
expenses incurred abroad shall not be deducted from gross income derived in the
Philippines.
Income tax payments abroad by a resident citizen or domestic corporation may be
claimed as a tax credit or as a deduction from the gross income (OPEX), at the option of
the taxpayer.
"C" is an ordinary and necessary business expense.
22. The following are allowable compensation expenses of the employer, except
a. Overtime pay paid to a rank-and-file employee.
b. Cash dividends paid
c. Amounts paid for pensions of retired employees
d. All of the above
Answer: B
"A and C" are ordinary business expenses, deductible from gross income
"B" is a distribution of company's earnings
23. Earl is the product manager of Mcdo Bee Inc. Earl had a dinner with Clifford, owner of a
chain of restaurants, to convince the latter to carry Mcdo Bee products. Clifford agreed. After
dinner, Earl and Clifford went their separate ways. Earl decided to celebrate by going to a
bar where he picked-up a partner and consumed a bottle of liquor. He drove home and on
his way, he sideswiped Delfin, a pedestrian who suffered injuries as a result of the accident.
Earl settled the case extra-judicially by paying Delfin amounting to P100,000 for actual
damages (the money comes from Mcdo Bee Inc.). Which of the following is correct?
a. The expenses incurred in having dinner with Clifford may be deducted from gross
income of Mcdo Bee.
b. The expenses incurred by Earl while celebrating with a partner in a bar is deductible
to expense of Mcdo Bee.
c. The amount paid to Delfin may be deducted from gross income of Mcdo Bee.
d. The amount paid to Delfin may be deducted but the amount will be reduced to an
equitable amount to qualify as ordinary and necessary expenses.
Answer: A
“A" is an ordinary business expense (promotional representation cost)
The expenses incurred in the bar as well as the amount paid to Delfin are non-business
related (personal expenses), consequently, non-deductible.
ADDITIONAL TRAINING EXPENSES UNDER THE CREATE LAW
24. (Based on illustration in RR 5-2021). COD Corporation, a domestic manufacturing
corporation, had gross sales of P100,000,000 for fiscal year ending June 30, 2021 and
incurred cost of sales of P60,000,000 and cost of sales of P17,500,000, with the following
details:
Cost of Sales
Direct materials P30, 000,000
Direct labor 20,000,000
Manufacturing overhead 10,000,000 P60, 000,000
Operating expenses
Salaries and wages P7, 000,000
Taxes 300,000
Depreciation 3,500,000
Professional fees 200,000
Advertising expenses 3,000,000
Training expenses 3,000,000
Office supplies 500,000 P17, 500,000
How much is the additional allowable training expense, if any?
a. P0 c. P1,500,000
b. P1,000,000 d. P3,000,000
Answer: C
Additional deduction = ½ of value of the actual training expenses of P3M = P1.5M
The amount of P1, 500,000, which is one-half of the value of the actual training expenses of
P3, 000,000.00, can be claimed as additional deduction, since it did not exceed ten percent
(10%) of the Direct Labor Wage. In this scenario, the corporation's direct labor wages
incurred was P 20,000,000.00. Thus, the one-half value of the actual training expenses of
P1, 500,000 did not exceed the P2, 000,000 (10% of P20, 000,000.00) threshold. Provided
further, that all the prescribed requirements has been complied with (e.g.,
Apprenticeship Agreement, Certification from DepEd or TESDA or CHED, whichever is
applicable). If the company's direct labor wage is only P 10,000,000.00, the additional
deduction that can be allowed shall be P1, 000,000 and not P1, 500,000.
Section 34(A)(1)(a)(V) of the Tax Code, as amended, provided: Upon effectivity of CREATE
law, an additional deduction from taxable income of one-half (1/2) of the value of labor training
expenses incurred for skills development of enterprise-based trainees enrolled in public senior
high schools. public higher education institutions, or public technical vocational institutions
and duly covered by an apprenticeship agreement under presidential decree no. 442, series
of 1974, or the "Labor Code of the Philippines", as amended, shall be granted to enterprises:
Provided, further, that for the additional deduction for enterprise-based training of students
from public educational institutions, the enterprise shall secure proper certification from the
DEPED, TESDA, or CHED: Provided, finally, that such deduction shall not exceed ten percent
(10%) of direct labor wage (RR 5-2021).
INTEREST EXPENSE