Law Summary
Determination of OSD for GPPs and Partners
- GPP is not subject to income tax; income tax liability falls on individual partners for their distributive share.
- Net income of GPP computed like a corporation's for partner distributions.
- GPP can choose between claiming itemized deductions (Sec. 34(A)-(J)) or OSD (up to 40% of gross income).
- Net income after these deductions is distributable to partners.
- Partners report their distributive share as gross income on personal returns.
- Partners can claim deductions separately only if GPP claimed itemized deductions, but not for expenses already claimed by GPP.
- If GPP claims OSD, partners cannot claim further deductions on that share.
- Deduction type must be consistent between GPP and partners (both itemized or both OSD).
- Partners with additional income from other business/professions apply the same deduction method used for their partnership income; partners may claim 40% OSD on other income if GPP claimed OSD.
Election and Period for Claiming OSD
- Election to use OSD or itemized deductions must be declared in the first quarter income tax return.
- Election is irrevocable for the taxable year and must be consistently applied in subsequent quarterly and final returns.
- Failure to file first quarter return defaults taxpayer to itemized deductions.
- Individual taxpayers claiming OSD are exempt from submitting financial statements but must keep records of gross sales/receipts.
- Corporations claiming OSD must still submit financial statements annually and keep gross income records.
Repealing Clause
- Any revenue issuances inconsistent with these amendments are repealed or modified accordingly.
Effectivity
- These regulations take effect 15 days after publication in a newspaper of general circulation.