Title
Amendment on OSD for GPPs and Partners
Law
Bir Revenue Regulations No. 2-2010
Decision Date
Feb 18, 2010
BIR Revenue Regulations No. 2-2010 amends the rules for General Professional Partnerships (GPPs) regarding the Optional Standard Deduction (OSD), clarifying how partners can claim deductions and the irrevocable election process for either OSD or itemized deductions in their income tax returns.

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  • Any revenue issuances inconsistent with these amendments are repealed or modified accordingly.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.

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