Gross Income 2019
Gross Income 2019
GROSS INCOME
Gross Income (also known as gross taxable income) means total income of the taxpayer
subject to tax. It means, in its broad sense, all income from whatever source, derived within or
without the Philippines, legal or illegal. The tax code does not distinguish legal and illegal income.
Proceeds of embezzlement or swindling, for instance, are income because embezzler or swindler
already has complete dominion over them and can use such for his economic benefit.
“Income” means all wealth which flows into the taxpayer, other than return of capital. It
imports something distinct from principal or capital. On the other hand, “Capital” constitutes the
investment which is the source of income. Therefore, Capital is fund while Income is the flow.
Capital is the wealth while income is the service of the wealth. Capital is the tree while the income
is the fruit (Vicente Madrigal et al. v. James Rqfferty, 38 Phil. 414).
Form of Income
Income may be “realized in any form, whether in money, property, services, indirect
economic benefit. Items indirectly benefitting taxpayers are excluded from gross income. Income
includes the forms of income specifically described as gains derived from sale or other disposition
of capital. It also refers to the amount of money coming to a person or corporation within a
specified time, whether as payment of services, interest or profits from investment.
Valuation of Income
The amount of income recognized is generally the value received or which the taxpayer has
a right to receive. If the services were rendered at a stipulated price, in the absence of any
evidence to the contrary, such price shall be presumed to be the fair market value of the
compensation received. transfer of land made by a person to another in payment of services
rendered in the form of attorney’s fees shall be considered as part of the gross income of the latter
valued at either the fair market value or the zonal valuation, whichever is higher, in the taxable
year received.(BIR Ruling#017-2003)
CLASSIFICATION OF INCOME
1. Income as to source
a. Compensation Income
b. Professional Income
c. Business Income
d. Other Income
2. Income as to territorial source
a. Income within the Philippines
b. Income without the Philippines
c. Mixed Income(partly within and without)
3. As to taxability
Taxable Income
a. Ordinary or Regular Income subject to basic/normal tax or scheduler tax under
Sec24(A) of the Tax Code
Reportable ITR (Quarterly, Annually, Substituted Filing)
Subject to Expanded withholding tax, if applicable
rates based on tax tables
Tax credits
Catch-all or basket of other income
TAX 101- INCOME TAXATION-GROSS INCOME 1
b. Passive Income subject to final taxes
Subject to final taxes
Withholding taxes constitutes final payment of income tax
Payor is obliged to withhold and remit the corresponding tax
No need to include in the income tax return
BIR will run after the withholding agent
Applicable only to certain passive income derived from sources within
the Philippines
c. Capital gains subject to capital gains taxes
Sale of shares of stock of a domestic corporation directly to buyer
Sale of real properties classified as capital assets located in the
Philippines
d. Special Income subject to special taxes. Subject to special rates and rules (i.e.
income of PEZA and BOI registered companies)
Tax exempt income
a. By constitutional mandate
b. By statute (general or special)
c. By international comity( i.e. bilateral agreements, treaties)
TAXABLE INCOME
“Taxable Income” means the pertinent items of gross income specified in the Tax Code,
less the deductions and/or persona; and additional exemptions, if any, authorized for such type of
Income by the Tax Code or other special laws. (Sec.31, Code). It does not include income excluded
by law, or which are exempt from income tax (Sec 32, Code) as well as income subject to final
taxes. Hence, it pertains to all income subject to basic and creditable withholding taxes. It includes
the gains, profits, and income derived from whatever source, whether legal or illegal.
1. National Tax
It is imposed and collected by the National Government throughout the
country
2. General Tax
It is levied without specific or predetermined purpose. Hence, the revenue
from income tax maybe appropriated for general purposes.
3. Excise Tax
It is imposed on the right or privilege of a person to receive or earn an income
4. Direct Tax
It is payable by the person upon whom is directly imposed by law. It cannot be
shifted or passed on to others
5. Progressive Tax
It is based upon one’s ability to pay. The rate of income tax increases as the
tax base increases.
TAX 101- INCOME TAXATION-GROSS INCOME 2
INCOME TAX SYSTEMS
SCHEDULAR GLOBAL
Tax Treatment Income tax rules varies and Uniform tax
made to depend on the kind or treatment or rules
category of taxable income of
the taxpayer (Tan vs, del
Rosario)
Characteristics:
1. Classification of Categorizes or classifies Does not
Income income “generally’
categorize or
classify income
2. Tax rates Imposes different tax Imposes uniform
treatment and rates tax rates
3. Applicability Individual taxpayers NRFC,NRA-NETB
(example)
Approach used in the Philippines
Partly scheduler (i.e. income tax for individuals) and partly global (i.e. income tax for
corporations)
Gross Income may be derived entirely from sources within the Philippines, entirely
from sources without the Philippines. For income tax purposes, “source” refers to the activity, or
property, or labor that gave rise or produced the income. Source, therefore, is the origin of the
income. “Situs” means the place of taxation of the income or the country which has jurisdiction to
1. Interest
Interest income refers to income derived from interest on bonds, notes or
other interest bearing obligations of residents, corporate or otherwise. The test of source of income
is the residence of the debtor.
2. Income from services
Refers to compensation for labor or personal services performed. The test of
source of income is the place or performance of the service rendered. When services are performed
partly within the Philippines and partly without the Philippines, the allocation should be based on
“time” rendered within and without the Philippines computed as follows:
No. of days of performance in RP
No. of days of performance in RP & outside of RP × Compensation received
7. Mining
The test of source of income is the place where mine is located
8. Farming
The test of source of income is where the farm is located
9. Manufacturing Business
Source of Income
Produced and sold within Within
Produced and sold without Without
Produced in whole/part within and sold Partly within and without
without
Produced in whole/part without and sold Partly within and without
within
The term “produced” includes created, fabricated, manufactured, extracted, processed, cured or
aged (Sec. 42 (F) Code).
CHAPTER QUIZ
TAX-101-INCOME TAXATION
GROSS INCOME
Name:_____________________________ SR Code:________________
Course/Year:______________________ Score :___________________
A. B. C. D.
Labor True True True False
Gifts and True False False False
Inheritance
Use of Capital True True False False
A. B. C. D.
Increase in True True True False
taxpayer’s
wealth
Realization of True False False False
gain
Return on True True False False
taxpayer’s
wealth
Use the following data for the next two (2) questions:
A resident alien had the following data in 2018:
Gross Income, Philippines P 2, 000, 000
Business expenses 1, 200, 000
Dividends received:
From domestic Corporation (net)
60% of its income came from the Philippines
40% of its income came from the Philippines
From resident foreign corporation (gross)
60% of its income came from the Philippines 50, 000
40% of its income came from the Philippines 40, 000