Title
Tax exemption on corporate surplus accumulation
Law
Republic Act No. 1823
Decision Date
Jun 22, 1957
Republic Act No. 1823 exempts corporations in the Philippines, except for banks, insurance companies, and personal holding companies, from paying additional corporate income tax on improperly accumulated profits and surplus, with the purpose of preventing tax avoidance and encouraging distribution of profits to shareholders or members.
A

Tax Imposition and Rate

  • Imposes an additional tax equal to 25% of the undistributed portion of accumulated profits or surplus.
  • This tax is assessed annually for each taxable year.
  • The additional tax is supplementary to the regular corporate income tax imposed under Section 24 of the National Internal Revenue Code.

Tax Computation, Collection, and Payment

  • The additional tax is computed, collected, and paid similarly to the ordinary corporate income tax.
  • All provisions, including penalties applicable under the National Internal Revenue Code for corporate income tax, apply to this additional tax.

Exceptions and Exemptions

  • No additional tax will be levied on accumulated profits or surplus if such amounts are invested in dollar-producing or dollar-saving industries.
  • Investments in bonds issued by the Central Bank of the Philippines are also exempt from this additional tax.

Purpose and Legislative Intent

  • The law aims to prevent the use of corporations as tax avoidance vehicles through the improper accumulation of profits.
  • Encourages distribution of earnings to shareholders or reinvestment in specified productive areas.

Effective Date

  • The Act is effective immediately upon approval on June 22, 1957.

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.