Title
Clarifications on Personal Exemptions and OSD
Law
Bir Revenue Memorandum Circular No. 22-2009
Decision Date
Apr 22, 2009
The BIR clarifies the allowable claims for personal and additional exemptions and the optional standard deduction for the 2008 taxable year, detailing the apportionment rules and deadlines for taxpayers to amend their returns without penalties.
A

Q&A (BIR REVENUE MEMORANDUM CIRCULAR NO. 22-2009)

It clarifies the allowable claims for personal and additional exemptions and the Optional Standard Deduction (OSD) pursuant to Revenue Regulations Nos. 10-2008 and 16-2008, respectively.

Republic Act No. 9504 was approved on June 17, 2008.

No, the increased personal and additional exemptions shall be apportioned for 2008 under the rules prescribed in Revenue Regulation No. 10-2008.

They are those amounts presented at the back of the new Annual Income Tax Return for Self-Employed Individuals, Estates and Trusts (BIR Form 1701-July 2008 version).

For January to June 2008, individuals can claim an OSD of only 10% of their gross income.

A maximum of 40% of gross sales or gross receipts, net of returns, discounts, and allowances.

The total OSD shall be computed as 10% of 50% of gross income plus 40% of 50% of gross sales or receipts.

The 40% OSD applies only for the period beginning July 1, 2008, while the period before this continues to use itemized deductions.

Taxpayers have until July 15, 2009, to amend their returns and pay the deficiency basic income tax without penalties.

Under Section 204(B) of the 1997 Tax Code, as amended.


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