Taxation Matrix of Lumbera
Taxation Matrix of Lumbera
Taxation Matrix of Lumbera
CORPORATION DOMESTIC / / NET INCOME FINAL WITH FINAL WITH FINAL WITH DC-DC 2% 10%
CORPORATION-DC TAX-NIT 30% HOLDING HOLDING HOLDING TAX EXEMPT
IN TRADE OR
BUSINESS TAX- FWT TAX- FWT TAX- FWT
RESIDENT FOREIGN / X NET INCOME FINAL WITH FINAL WITH X DC-RFC 2% X
CORPORATION- RFA TAX-NIT 30% HOLDING HOLDING TAX EXEMPT
TAX- FWT TAX- FWT
NON-RESIDENT FOREIGN / X GROSS INCOME TAX- GIT FINAL WITH X FINAL WITH X X
CORPORATION- NRFA HOLDING HOLDING TAX-
30%
TAX- FWT FWT 15%
CHARITABLE INSTITUTION
EX. HOME FOR THE AGED
5. PROPERTY OF HOME 1. KITCHEN OF THE 2. HOME FOR THE
FOR THE AGED RENTED HOME FOR THE AGED MAIN 3. DONOR’S TAX/ ESTATE TAX
BY JOLLIBEE AGED BUILDING
5. PROPERTY OF HOME EX. X DONATED TO THE HOME FOR THE AGED: 2,000,000.00
FOR THE AGED RENTED 3. OFFICE OF 4. PARKING LOT IS IT INCOME? YES
BY MCDONALDS HOME FOR THE OF HOME FOR IS IT FROM SOURCES WITHIN? YES
5. PROPERTY OF HOME AGED THE AGED IS IT TAXABLE? NO (SEC. 32 [B] (3))
FOR THE AGED RENTED
BY KFC DONORS TAX (SEC 101)/ ESTATE TAX (SEC. 87)
THE 2,000,000.00 GIFT IS NOT SUBJECT TO DONOR’S
TAX/ESTATE TAX PROVIDED NOT MORE THAN 30% OF
1. REAL PROPERTY TAX THE GIFT IS USED BY THE CHARITABLE INSTITUTION
TAX EXEMPT: 1,2,3,4 (HOME FOR THE AGED) FOR ADMINISTRATION
NOT TAX EXEMPT: 5 (RENTED COMMERCIALLY) PURPOSES. (30% RESTRICTION)
RELIGIOUS INSTITUTION
EX. CHURCH
5. PROPERTY OF THE 1. MAIN BUILDING 2. KITCHEN OF THE 3. DONOR’S TAX/ ESTATE TAX
CHURCH RENTED BY OF THE CHURCH CHURCH
JOLLIBEE EX. X DONATED TO THE CHURCH: 2,000,000.00
5. PROPERTY OF THE IS IT INCOME? YES
CHURCH RENTED BY 3. OFFICE OF THE 4. PARKING LOT IS IT FROM SOURCES WITHIN? YES
MCDONALDS CHURCH OF THE CHURCH IS IT TAXABLE? NO (GIFTS. BEQUESTS, DEVICES ARE
5. PROPERTY OF THE ITEMS OF EXCLUSION FROM THE COMPUTATION OF
CHURCH RENTED BY KFC GROSS INCOME-SEC. 32 [B] (3))
EX. DLSU
EX. X DONATED TO THE CHURCH: 2,000,000.00
IS IT INCOME? YES
5. PROPERTY OF DLSU 1. MAIN BUILDING 2. DORM OF DLSU IS IT FROM SOURCES WITHIN? YES
RENTED BY JOLLIBEE OF DLSU IS IT TAXABLE? NO (GIFTS. BEQUESTS, DEVICES ARE
5. PROPERTY OF DLSU ITEMS OF EXCLUSION FROM THE COMPUTATION OF
RENTED BY MCDONALDS 3. GYM OF DLSU 4. OFFICES OF GROSS INCOME-SEC. 32 [B] (3))
5. PROPERTY OF DLSU DLSU
RENTED BY KFC DONORS TAX (SEC 101)/ ESTATE TAX (SEC. 87)
THE 2,000,000.00 GIFT IS NOT SUBJECT TO DONOR’S
TAX/ESTATE TAX PROVIDED NOT MORE THAN 30% OF
THE GIFT IS USED BY THE CHARITABLE INSTITUTION
REAL PROPERTY TAX (HOME FOR THE AGED) FOR ADMINISTRATION
TAX EXEMPT: 1,2,3,4 PURPOSES. (30% RESTRICTION)
NOT TAX EXEMPT: 5 (RENTED COMMERCIALLY)
INCOME TAX 4. DEDUCTABILITY OF THE DONATION FROM THE INCOME OF X
EX. TUITION FEE (ADE): 1,000,000.00 (SEC. 34 (H))
IS IT INCOME? YES
IS IT FROM SOURCES WITHIN? YES IF CIE: NOT DEDUCTIBLE
IS IT TAXABLE? NO (ACTUALLY, DIRECTLY, AND
EXCLUSIVELY USED FOR EDUCATIONAL PURPOSES- IF SEP/SEI/MIE: DEDUCTIBLE UP TO 10% OF THE TAXABLE
CONSTITUTION) INCOME PRIOR TO SAID GIFT/DEDUCTION
EX. RENTALS: 500,000.00
IF A CORPORATION: DEDUCTIBLE FOR 5%
IS IT INCOME? YES
IS IT FROM SOURCES WITHIN? YES
IS IT TAXABLE? NO (ACTUALLY, DIRECTLY, AND
EXCLUSIVELY USED FOR EDUCATIONAL PURPOSES-
DLSU VS CIR
CONSTITUTION)
IN CASE OF NON-STOCK/NON-PROFIT INSTITUTION, APPLY THE CONSTITUTION AND
EX. INTEREST OF 1.5 M AS BANK DEPOSIT: 20,000.00 DISREGARD SEC. 30 OF THE NIRC
IS IT INCOME? YES SUCH TAX EXEMPTION IS CONSTITUTIONALLY GUARANTEED
IS IT FROM SOURCES WITHIN? YES ANY TYPE OF INCOME/REVENUES OF A NON-STOCK/ NON PROFIT EDUCATIONAL
IS IT TAXABLE? NO (ACTUALLY, DIRECTLY, AND INSTITUTION OF WHATEVER KIND, SHALL NOT BE SUBJECT TO INCOME TAX AS LONG
EXCLUSIVELY USED FOR EDUCATIONAL PURPOSES- AS THERE IS PROOF THAT IS IS ACTUALLT, DIRECTLY, AND EXCLUSIVELY USED FOR
CONSTITUTION) EDUCATIONAL PURPOSES
ACTUALLY, DIRECTLY, AND EXCLUSIVELY FOR SUCH EXEMPT FROM REAL PROPERTY TAX
EDUCATIONAL INSTITUTION (PROPRIETARY) PURPOSE (ADE) (LOCAL GOVERNMENT CODE-SEC. 234)
MANAGERIAL/ COMPENSATION- NIT X EXEMPT FIT (FRINGE BENEFIT EXEMPT FIT (FRINGE BENEFIT
SUPERVISORY TAX) / NIT TAX) / NIT
RANK AND FILE COMPENSATION- NIT NIT EXEMPT NIT EXEMPT NIT
MINIMUM WAGE STATUTORY MINIMUM EXEMPT EXEMPT NIT EXEMPT NIT
EARNER WAGE- TAX EXEMPT
ITEMS OF DEDUCTION
WITH DEDUCTIONS WITHOUT DEDUCTIONS
NON RESIDENT ALIEN NOT ENGAGED IN TRADE OR BUSINESS
PLAIN CONSUMER NOT ALLOWED TO CLAIM INPUT AND OUTPUT IF YOU ARE TRANSACTIONS SUBJECT TO VALUE ADDED TAX:
NOT BIR REGISTERED SALE OF GOODS (TRADE OR BUSINESS)
NO ZERO RATED TRANSACTION IN IMPORTATION (ONLY IN EXPORT SALES) SALE OF SERVICE (TRADE OR BUSINESS)
RENTALS ON APARTMENT UNITS (15,000.00 THRESHOLD) IMPORTATION OF GOODS
EXEMPT TRANSACTION TO GROSS SALES (3,000,000.00 THRESHOLD)
SALE OF REAL PROPERTY (3,000,000.00 THRESHOLD)
EXCESS INPUT VAT CAN BE CREDITED/ REFUNDED
DISTINCTIONS
ZERO RATE EXEMPT TRANSACTION
NOT SUBJECT TO VAT AT ALL STAGES NOT SUBJECT TO VAT ONLY AT PARTICULAR STAGE
INPUT VAT IS ALLOWED TO BE CREDITED AGAINST OUTPUT TAX NOT ALLOWED
DONOR’S TAX
CHARACTERISTICS: SUBJECT MATTER OF DONATION:
INTER VIVOS REAL PROPERTY
GRATUITOUS IN NATURE TANGIBLE PERSONAL PROPERTY
NO CONSIDERATION AND VOLUNTARY INTANGIBLE PERSONAL PROPERTY
250,000.00- TOTAL GIFT FROM JANUARY TO DECEMBER THAT IS EXEMPT BASIS FOR VALUATION OF REAL PROPERTY (WHICHEVER IS HIGHER):
FROM TAX FAIR MARKET VALUE (RECKONED AT THE TIME OF GIFT)
6% FIXED RATE OF FAIR MARKET VALUE/ ASSESSED VALUE/ ZONAL ASSESSED VALUE (RECKONED AT THE TIME OF GIFT)
VALUATION ZONAL VALUE (RECKONED AT THE TIME OF GIFT)
FOR PURPOSES OF DONOR’S TAX, THE TAXABILITY IS DEPENDENT ON THE
LOCATION OF THE PROPERTY (WITHIN OR WITHOUT)
FORMULA:
GROSS DONATION THE FOLLOWING ARE CONSIDERED TO HAVE SITUS IN THE PHILIPPINES OVER
-- AUTHORIZED DEDUCTION INTANGIBLE PERSONAL PROPERTY (SEC. 104):
TAXABLE NET GIFT (IN EXCESS OF 250,000.00) FRANCHISE EXERCISED IN THE PHILIPPINES
SHARES/OBLIGATIONS/BONDS ISSUED BY DOMESTIC CORPORATION
TAXABLE NET GIFT (IN EXCESS OF 250,000.00) SHARES/OBLIGATIONS/BONDS ISSUED BY FOREIGN CORPORATION (85% OF
X 6% ITS BUSINESS IS LOCATED IN THE PHILIPPINES)
TAX DUE SHARES/OBLIGATIONS/BONDS ISSUED IN PARTNERSHIP BUSINESS OR
INDUSTRY ESTABLISHED IN THE PHILIPPINES
KINDS OF DONOR W/IN W/OUT GOV’T. EXEMPT INSTITUTIONS SHARES/OBLIGATIONS/BONDS ISSUED BY FOREIGN CORPORATION WHICH
RC / / ACQUIRED PHILIPPINE STATUS
NRC / / TAX TAX EXEMPT (30% IN DETERMINING THE SITUS OF THE TAX OF INTANGIBLE PERSONAL PROPERTY:
RA / / EXEMPT RESTRICTION) GENERAL RULE: MOBILIA SEQUUNTOR PERSONAM (DOMICILE OF THE OWNER)
NRA / X EXCEPTION: SEC. 104
EXCEPTION TO THE EXCEPTION: RECIPROCITY RULE
SEC. 100 (TRAIN LAW AMENDMENT) CORPORATION’S POLITICAL CAMPAIGN CONTRIBUTION IS NOW ALLOWED
WHEN THE GOODS ARE FORMING PART OF THE ORDINARY COURSE OF PROVIDED:
TRADE OR BUSINESS, AND FOR SALE IN THE ORDINARY COURSE OF TRADE DONATED WITHIN THE CAMPAIGN PERIOD
OR BUSINESS, AND YOU SELL THEM AT A LOSS, DONOR’S TAX IS NO LONGER SUBJECT TP CREDITABLE WITHHOLDING TAX (5%)
IMPOSED THE CANDIDATE SHOULD FILE HIS/HER STATEMENT OF CONTRIBUTIONS
AND EXPENDITURE
FOR CAMPAIGN PURPOSES
AUTHORIZED DEDUCTIONS
(*PEPL- PROPORTION OF ESTATE LOCATED IN THE PHILIPPINES)
UM- UNPAID MORTGAGES CAIP- CLAIMS AGAINST INSOLVENT PERSON FH- FAMILY HOME
UT- UNPAID TAXES TPU- TRANSFER FOR PUBLIC USE VD- VANISHING DEDUCTIONS
CL- CASUALTY LOSS CSSS- CONJUGAL SHARE OF SURVIVING SPOUSE RB- RETIREMENT BENEFITS
CAE- CLAIMS AGAINST ESTATE SD- STANDARD DEDUCTION S- SECURITY
KIND OF LOCATION GROSS UM UT CL CAE CAIP TPU CSSS SD FH VD RB
DECEDENT WITHIN WITHOUT ESTATE
(SEC. 85)
RC / / / / / / / / / / 5M 10M / /
NRC / / / / / / / / / / 5M 10M / /
RA / / / / / / / / / / 5M 10M / /
NRA / X / PEPL PEPL PEPL PEPL PEPL / PEPL 500K X PEPL X
REMEDIES (NIRC-TRAIN LAW)
ADMINISTRATION SIDE
TAXPAYER: BIR: TAX PAYER: BIR: TAX PAYER:
RETURN LETTER OF AUTHORITY PROTEST 1. DENIED 1. SAD (MAY GO TO CTA)
AMENDED RETURN PRELIMINARY ASSESSMENT MOTION FOR RECONSIDERATION 2. GRANTED 2. HAPPY (SHOULD NOT GO TO CTA)
GOOD FAITH NOTICE MOTION FOR REINVESTIGATION 3. PARTLY GRANTED/DENIED 3. HAPPY AND SAD (MAY GO TO CTA)
FRAUD/ BAD FAITH FINAL ASSESSMENT NOTICE (SUBMIT ADDITIONAL DOCUMENTS) 4. NO ACTION (180 DAYS) 4. MAY GO TO CTA
NO RETURN
PERIODS OF RETURNS: PROTEST TO FINAL ASSESSMENT NOTICE SHOULD BE FILED WITHIN THE NON- EXTENDABLE PERIOD OF
CIE: DUE DATE: EVERY APRIL 15 30 DAYS
(EMPLOYER’S DUE DATE ON SUBSTIUTED FILING: EVERY FEBRUARY 28
THIS APPLIES ONLY IF AN EMPLOYEE (CIE) HAS ONLY 1 EMPLOYER DURING THE YEAR. FAILED TO FILE A MR WITHIN THE PERIOD, BIR DECISION WILL BE FINAL
IT IS THE EMPLOYER WHO FILES THE RETURN FOR AND IN BEHALF OF THE TAXPAYER
EMPLOYEE AS A SUBSTITUTE FOR THE RETURN THAT HE/SHE SHOULD HAVE FILED. NO INJUNCTION RULE AGAINST TAX COLLECTION
SEP/SEI/MIE (QUARTERLY) //CORPORATION (QUARTERLY) (MAY CHOOSE BETWEEN CALENDAR
YEAR OR FISCAL YEAR) // 8%// VAT REQUISITES OF A VALID FINAL ASSESSMENT NOTICE:
1ST QUARTER: MAY 15 MUST BE IN WRITING
2ND QUARTER: AUGUST 15 ADDRESSED TO THE TAX PAYER (INDICATED IN THE RETURN
3RD QUARTER: NOVEMBER 15 BASIS IN FACT/LAW OF THE TAX DUE
4TH (FINAL CONSOLIDATED RETURN) ON oR BEFORE APRIL 15 AMOUNT OF TAX DUE (BREAKDOWN)
CAPITAL GAINS TAX: 30 DAYS FROM SALE DEMAND TO PAY
DONOR’S TAX: 30 DAYS FROM GIFT DUE DATE
ESTATE TAX: 1 YEAR FROM DEATH SIGNED BY DU;Y AUTHORIZED BIR REPRESENTATIVE
RULES ON DUE DATE OF RETURN/AMENDED RETURN ON BIR ACTION: VALIDLY SERVED TO TAXPAYER
(GOOD FAITH) BEFORE DUE DATE- W/IN 3 YEARS FROM DUE DATE REQUISITES OF A VALID WAIVER:
(GOOD FAITH) ON DUE DATE- W/IN 3 YEARS FROM DUE DATE MUST BE IN WRITING
(GOOD FAITH) AFTER DUE DATE- W/IN 3 YEARS FROM ACTUAL DATE OF FILING THE SIGNATURE OF THE TAXPAYER MUST BE INDICATED ON THE FACE OF THE WAIVER
(FRAUD/ BAD FAITH)- 10 YEARS FROM FILING OF FRAUDULENT/ BAD FAITH RETURN DATE OF EXECUTION
(NO RETURN)- 10 YEARS FROM DISCOVERY OF NO RETURN SIGNATURE AND DATE OF ACCEPTANCE BY BIR OFFICER
EFFECT OF FILING RETURN BEYOND THE DEADLINE: DULY NOTARIZED
GOOD FAITH- 25% + 12% PER ANNUM COMPUTED ON DAILY BASIS WAIVER IS AN AGREEMENT ALLOWING THE BIR TO ISSUE FAN BEYOND THE PERIOD.
BAD FAITH- 50% + 12% PER ANNUM COMPUTER ON DAILY BASIS
IF USING THE FISCAL YEAR- ON OR BEFORE THE 15TH DAY OF THE 4TH MONTH FOLLOWING THE CLOSE OF THE TAXPAYER IS ALLOWED TO AMEND THE RETURN W/IN 3 YEARS FROM THE DATE OF ORIGINAL FILING
FISCAL YEAR OF RETURN PROVIDED THAT NO NOTICE OF INVESTIGATION IS RECEIVED BY THE TAX PAYER.
JUDICIAL SIDE
CTA: TAX PAYER: BIR:
1.
2.
3.
GRANTED
DENIED
PARTLY GRANTED/DENIED
1. HAPPY
2. SAD
1.
2.
SAD
(MR/MNT)
HAPPY CTA EN SUPREME
COURT
(MR/MNT)
3. SAD 3. SAD
15 DAYS
(MR/MNT)
BANC 15 DAYS 15 DAYS
COLLECTION PERIOD OF COLLECTION REFUND
ADMINISTRATIVE JUDICIAL ASSESSMENT COLLECTION ORDINARY CLAIM FOR REFUND REFUND OF EXCESS INPUT VAT IN ZERO RATED
GROUNDS: IA/IC/EA/EC TRANSACTION (REVIDED-TRAIN LAW)
LEVY/ CRIMINAL 3 YEARS OR 10 5 YEARS ADMINISTRATIVE JUDICIAL ADMINISTRATIVE JUDICIAL
DISTRAINT/ ACTION OR YEARS
COMPROMISE/ CIVIL ACTION NONE 10 YEARS 2 YEARS FROM SAME 2 YEAR 2 YEARS FROM CLOSE OF CTA- CTA EN BANC- SC
FORFEITURE/ (F/BF) PAYMENT PERIOD QUARTER WHEN THE ZERO
GARNISHMENT RATED OCCURRED
(BIR HAVE 90 DAYS TO
GRANT OR DENY)
HEIRARCHY OF COURTS
MTC (ORIGIN) RTC CTA EN BANC SC
RTC (ORIGIN) CTA CTA EN BANC SC
JURISDICTIONAL AMOUNT
OUTSIDE METRO MANILA INSIDE METRO MANILA CTA
LESS THAN 300K- MTC MORE THAN 300K- RTC LESS THAN 400K- MTC MORE THAN 400K- RTC 1M AND ABOVE (EXCLUSIVE OF
PENALTIES AND SURCHARGE)
EVEN THERE IS PROTEST, BIR CAN STILL COLLECT GROUNDS FOR ORDINARY CLAIM FOR REFUND:
ILLEGALLY ASSESSED
IN PROTEST CASES, THE JURISDICTION OF CTA IS APPELLATE ILLEGALLY COLLECTED
ERRONEOUSLY ASSESSED
IF CTA IS EXERCISING ITS ORIGINAL JURISDICTION, IT CAN ENTERTAIN MOTION FOR ERRONEOUSLY COLLECTED
NEW TRIAL
NO CLAIM FOR REFUND WILL BE ALLOWED UNLESS YOU GO TO THE STAGES OF
TWO KINDS OF CRIMINAL CASE: ADMIN CLAIM FOR REFUND AND SUBSEQUENTLY FILED FOR JUDICIAL CLAIM FOR
ONE WHICH RESULTS TAX DEFICIENCY REFUND.
ONE WHICH DOES NOT RESULT TAX DEFICIENCY
IN JUDICIAL CLAIM FOR REFUND, THE ADMIN AND JUDICIAL CLAIM MUST BE FILED
ON THE SAME 2 YEAR PERIOD.
120 DAY PERIOD OF NON ACTION IN THE CASE OF SEC. 112 (EXCESS INOUT VAT IN
ZERO RATED TRANSACTION) HAS BEEN REMOVED BY TRAIN LAW.