Classification of Individual Taxpayer
Classification of Individual Taxpayer
Topic Presentation
Individual Taxpayers
Individual Taxpayers are natural persons with income derived from within the
territorial jurisdiction of a taxing authority. Under the tax code, individual
taxpayers are classified as:
1. Resident Citizen (RC)
2. Nonresident Citizen (NRC)
3. Resident Alien (RA) \
4. Non-Resident Aliens
Engage in trade and business (NRA-ETB)
Not engage in trade or business (NRA- NETB)
outside the Philippines for less than 183 days during a particular Taxable
year
As an immigrant; or
For work and derives income from abroad and whose employment thereat
requires him to be physically abroad most of the time during the taxable year.
3. A citizen of the Philippines who shall have stayed outside the Philippines for
one hundred eighty-three (183 for Filipino) or more by the end of the year.
Alien
An alien is a foreign-born person who is not qualified to acquire
Philippine who is not to acquire Philippine Citizenship
Resident Aliens
Section 22F of the Tax Code defines alien as an individual whose
residence is within the Philippines and who is not a citizen thereof.
Aliens who are actually present in the Philippines and who are not mere
transient(impermanent.) or sojourners (a temporary resident) are classified as
resident aliens. An alien who lives in the Philippines with no definite
intention as to his stay is also a resident alien.
Non-Resident Aliens
The term “non-resident alien” under section 22G of the Tax Code means
an individual whose residence is not in the Philippines and who is not a
citizen thereof. They are aliens who have definite purpose, which in its
nature may be promptly accomplished. They are alien who mere transient
accomplished are. They are aliens who are mere transients or non-resident,
hence, classified as non-resident alien. Aliens who stayed in the Philippines for
an aggregate period of more than 180 days during taxable year and/or aliens
who have business income in the Philippines are considered as non-resident
aliens engaged in trade or business. Under section 22S of the tax code, “trade
or business include performance of the functions of a public office or
performance of personal service in the Philippines (except performance of the
service by the taxpayer as an employee). If an alien stays in the Philippines for
only 180 days or less, or he is not deriving business income in the
Philippines, he is considered to as a non-resident alien not engaged in trade
or business.
Sources of Income
It is important to know the source of income for tax purposes (income
derived from within or without the Philippines) because as resident
citizens are taxable based on their worldwide income (within and without
the Philippines) while others are taxable only on their income derived from
sources within the Philippines
Types of Income
Ordinary or Regular Income
Passive Income derived from Philippine source
Capital Gains subject to capital gains tax
Passive Income Subject to final withholding taxes are certain passive incomes
from the sources within the Philippines as enumerated under Section 24(B) of the Tax
Code. This passive income is not subject to graduated tax table but to specific final
withholding tax rates. The specific passive incomes derived from Philippines sources
subject to final withholding taxes are as follows:
Interest income
Dividend income
Royalties
Prizes; and
Other winnings
Incomes from sale of capital assets subject to capital gains tax (CGT)
1. Capital gains from sale of shares of stocks of a domestic corporation not traded in
the local stock exchange
2. Capital gains from sale of real property in the Philippines