Title
Income Tax Amendments Act of 1929
Law
Act No. 3605
Decision Date
Dec 2, 1929
Amendments to Act No. 2833 introduced changes to the computation of income tax and filing of returns in the Philippines, including the requirement for individuals with an income of four thousand pesos or more to file a true and accurate return, and the deduction of interest paid on indebtedness except for tax-exempt obligations.
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Filing Obligations of Fiduciaries and Special Cases

  • Guardians, trustees, executors, administrators, receivers, conservators, and other fiduciaries must file income tax returns for the person, trust, or estate they represent.
  • The fiduciary or person making the return must take an oath affirming sufficient knowledge and correctness of the return.
  • Joint fiduciaries may file a single return in the province of one fiduciary.
  • Income of unmarried minors from property received from living parents is included in the parent's return.

Taxation of General Co-partnerships (Compania Colectiva)

  • Registered general co-partnerships are not taxed as entities; only individual partners are taxed on their distributive shares.
  • Partners must include their shares of profits on their returns, excluding interest on certain government obligations as specifically provided.
  • Co-partnerships must, upon request, render accurate returns disclosing earnings and the names of individuals entitled to profits.
  • Such partnerships have the privilege to fix their fiscal year and file returns accordingly.

Accounting Methods and Tax Computation

  • Individuals may file returns using accounting bases other than actual receipts and disbursements if such bases clearly reflect income.
  • Such alternative methods require approval and regulation by the Collector of Internal Revenue and Secretary of Finance.

Deductibility of Interest on Indebtedness

  • Corporations may deduct interest paid on indebtedness except that incurred to purchase or carry tax-exempt obligations.
  • Bonds guaranteed to be free from taxation do not allow deductions for taxes paid pursuant to such guaranties.
  • For foreign income, only the portion of interest attributable to income derived from Philippine sources is deductible.

Corporate and Association Filing Requirements

  • Corporations, joint-stock companies, partnerships, associations, and insurance companies must file annual net income returns by March 1, or within 60 days after fiscal year-end if a fiscal year is used.
  • Returns must be sworn to by principal officers such as president and treasurer.
  • Returns are filed at the location of the principal office or principal place of business in the Philippines.
  • Returns received by local officers must be promptly forwarded to the Collector of Internal Revenue.
  • Extensions for filing may be granted in meritorious cases.

Effectivity of the Act

  • The amendments shall take effect on January 1, 1930, except where otherwise provided.

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