Chapter 9 - Inclusion in Gross Income
Chapter 9 - Inclusion in Gross Income
INCLUSION IN GROSS
INCOME
ITEMS OF GROSS INCOME SUBJECT TO RIT
1. Compensation for services in whatever form paid
2. Gross income from the conduct of trade, business, or exercise of a profession
3. Gains derived from dealings in properties
4. Interest
5. Rents
6. Royalties
7. Dividends
8. Annuities
9. Prizes and winnings
10. Pensions
11. Partner’s distributive share from the net income of general professional
partnership
1. COMPENSATION FOR SERVICES
Compensation income pertains to the types of employee benefits that are
subject to regular tax.
Mary resigned in 2024 after 12 years of service. She had the following income
during the year:
Sales/Revenue/Receipts/Fees xxx
Less: Cost of sales or services (xxx)
Gross income from operations xxx
2. GROSS INCOME FROM THE CONDUCT OF TRADE,
BUSINESS OR EXERCISE OF A PROFESSION
The following business income shall not be included in gross income subject to
regular income tax:
3. Business income subject to final tax when not subject to final tax by the payor
a. Subcontractors of petroleum service contractors subject to 8% final tax
b. Business income of foreign currency deposit units (FCDUs) and expanded
FCDUs (eFCDUs) from Philippine residents subject to 10% final tax
ILLUSTRATION
Problem 1-5
Sales P 3,500,000
Less: Cost of sales 2,000,000
Gross Profit P 1,500,000
Commission income on consignment 200,000
Interest income on customers 20,000
Interest income, net of final tax 10,000
Dividend income 50,000
Total Income P 1,780,000
Less: Admin & Selling Expenses 1,000,000
Net Income P 780,000
Answer: 1,500,000 + 200,000 + 20,000 = 1,720,000
3. GAINS FROM DEALINGS IN PROPERTIES
The gains or losses in dealing in ordinary assets are subject to regular income
tax. Dealings in capital assets other than domestic stocks and real properties are
also subject to regular income tax.
Philippines Abroad
Service fees P 400,000 P 300,000
Interest income – bank 40,000 70,000
Royalties – franchise 80,000 30,000
On January 1, 2023, Ivan 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. The building has useful life of 30 years.
Under the spread-out method, Ivan shall spread the P1,500,000 income over 20
periods or recognize an annual income of P75,000 (i.e. 1.5M/20) from the
leasehold improvement from Year 2023 through Year 2042.
ILLUSTRATION
Problem 1-8
Lenj leases a building to a client. During the year, he received the following
remittance from the lessee:
Active royalty income and royalties earned from outside the Philippines are
subject to regular income tax.
ILLUSTRATION
Problem 2-13
Answer: 400,000
7. DIVIDENDS
These pertain to foreign-sourced dividends or those declared by foreign
corporations. Those declared by domestic corporations are subject to the rules
of final tax.
Foreign sourced dividends are generally subject to regular tax subject to the
pre-dominance tests discussed in Chapter 3.
Cash, property, and scrip dividends from foreign corporations are generally
items of gross income subject to regular income tax.
7. DIVIDENDS
Stock Dividend
Stock dividends are exempt from income tax, but when the declaration confers
to the recipient a different interest or right after the stock dividend declaration
or when stocks dividends are subsequently redeemed such that it amounts to
payment of cash dividend, the fair market value of the stock dividends received
is taxable.
Liquidating Dividend
Source of Dividends
Recipient taxpayer Domestic corporation Foreign corporation
Individuals
Citizens and residents 10% final tax Regular tax
NRA-ETB 20% final tax Regular tax
NRA-NETB 25% final tax 25% final tax
Corporations
Domestic corporation Exempt Regular tax
RFC Exempt Regular tax
NRFC 15% final tax 25% final tax
7. DIVIDENDS
Exemption of foreign-sourced dividends received by domestic corporation
They may be exempted from regular income tax under the following conditions:
7. DIVIDENDS
If the ratio in the predominance test is less than 50%, the foreign-sourced
dividends shall be exempt if the following conditions concur:
1. The domestic corporation directly owns at least 20% in value of the outstanding
shares of the NRFC.
2. The shareholdings in the NRFC must have been held uninterruptedly for a
minimum of 2 years at the time of dividend distribution or throughout the entire
existence of the NRFC if it is operational for less than 2 years
3. The foreign-sourced dividend received or remitted must be reinvested within the
next taxable year in business operations, namely:
a. Working capital requirements
b. Capital expenditures
c. Dividend payments
d. Investment in domestic subsidiaries
e. Infrastructure projects
Foreign-sourced dividends that are not utilized in the following taxable year shall be
declared as taxable income subject to surcharges, interest and penalties.
7. DIVIDENDS
If the ratio in the predominance test is at least 50%, the foreign-sourced dividends
received by the domestic corporation shall be exempt from income tax even if the
previously mentioned conditions are not met.
8. ANNUITIES
The excess of annuity payments received by the recipient over premium paid is
taxable income in the year of receipt.
ILLUSTRATION
Problem 1-13
Mr. Roding purchased a life annuity for P1,000,000 which will pay him P100,000 a
year. What will Mr. Roding include in his gross income on the 11th year of the
policy?
Answer: 100,000
ILLUSTRATION
Problem 1-15
Mr. Vhinson insured his life with his children as beneficiaries. He died after paying
P200,000 premiums. His children collected the P1,000,000 life insurance
proceeds.
Answer: 1,000,000
9. PRIZES AND WINNINGS
Prizes and winnings that are exempted from final tax are not items of gross income
subject to regular income tax
Answer:
RC = 10,000 + 400,000 + 100,000 = 510,000
NRC = 10,000
10. PENSIONS
These pertains to pensions and retirement benefits that fail to meet the exclusion
criteria and hence subject to regular tax.
11. TAXABLE PARTNERSHIP AND TAXABLE
JOINT VENTURE OR CO-OWNERSHIP
Taxable partnership, joint ventures or co-ownerships are taxable as corporations.
The distributive share in the net income of these unincorporated entities shall be
taxable as follows:
The share in the net income of non-taxable entities such as general professional
partnership, exempt joint ventures or exempt coownership shall be subject to
regular income tax to the recipient payer, venturer or co-owner.
12. PARTNER’S DISTRIBUTABLE SHARE IN THE
NET INCOME OF A GPP
A general professional partnership is not subject to income tax. The partners are the
ones subject to regular tax on their share in the net income of the GPP. For this
purpose, the net income of the GPP shall include items of income which are
exempted from final tax or capital gains tax to the general professional partnership.
ILLUSTRATION
Problem 2-6
Vhinson and Khim practice their accounting profession through a general professional
partnership. They contributed equal capital and agreed to share in profits equally. The
following relates to their gross receipts and expenses:
Answer: 0
THANK YOU!