Tax Rates on Foreign Corporations
- Non-resident corporations not engaged in business in the Philippines taxed at 35% on gross income from Philippine sources.
- Excludes reinsurance premiums from premiums.
- Resident foreign corporations engaged in business in the Philippines taxed like domestic corporations under subsection (a).
Taxation of Life Insurance Companies
- Life insurance companies taxed under the subsection yielding the higher tax.
- Domestic companies taxed 8.75% on net investment income (gross investment income less investment expenses).
- Exemption from income tax granted for three years from certificate issuance.
- Foreign life insurance companies taxed 8.75% on net investment income from Philippine sources, calculated via a ratio of Philippine to world reserves.
- Gross investment income includes rents, dividends, interest, and income outside the life insurance business.
- Investment expenses include real estate expenses, depreciation (except related to underwriting), interest except on certain exempt indebtedness, and ordinary necessary investment expenses.
Tax Obligations and Scope
- All corporations except those specifically exempt must pay tax rates as prescribed in this section.
- Corporations, agencies, instrumentalities owned or controlled by the government, including GSIS and SSS, are subject to the tax except educational institutions.
Tax Liability of Members of Registered Partnerships
- Members of duly registered general co-partnerships or general professional partnerships are liable only in their individual capacity.
- Their share of profits, distributed or not, must be declared and taxed accordingly.
Gross Income Definition and Dividend Income
- Includes all income except those excluded under the law.
- For dividends received by domestic corporations from other domestic corporations, only 25% of such dividends is taxable.
Special Income and Deduction Provisions for Insurance Companies
- Insurance companies may deduct required reserve fund additions and sums paid on policy and annuity contracts.
- Released reserves treated as income in the year of release.
- Domestic life insurance companies and resident foreign life insurance companies must pay tax under Section 24(a) to claim these deductions.
- Mutual marine insurance companies report gross premiums less reinsurance paid and may deduct returned premiums with associated interest.
- Assessment insurance companies may deduct deposits made as guarantee or reserve funds.
Filing Requirements for Registered Partnerships
- Registered general co-partnerships or general professional partnerships must file income returns in duplicate.
- Returns include gross income, allowed deductions, and partners' names, addresses, and shares.
Withholding Tax on Interest and Other Income
- Bonds or similar obligations with provisions for obligor to pay taxes require 25% withholding on interest or payments to nonresident aliens or citizens/residents.
- Exemption possible for certain residents or citizens upon written claim.
- Nonresident aliens not engaged in business subject to 25% withholding on income from Philippine sources except in certain dividend cases.
- Nonresident foreign corporations not engaged in business subject to 35% withholding, including on remunerations for technical services.
- Some exemptions for reinsurance premiums with foreign insurers not engaged in Philippine business.
Returns and Payment Procedures for Withholding Taxes
- Withholding agents must file quarterly returns and pay taxes withheld within 25 days post calendar quarter.
- Taxes withheld treated as trust fund for the government.
- Commissioner of Internal Revenue may require more frequent payments.
- Annual statements to income recipients must be furnished by January 1 following the year.
- Annual returns with summary of withholding and copies of statements must be submitted by January 31.
- Returns may be verified with written declaration under penalty of perjury.
- Income recipients include withheld income in returns, crediting withheld tax against their liability, with provisions for refund or payment of differences.
- If tax is paid by recipient, it cannot be recollected from withholding agent, and penalties do not apply unless fraud is involved.
Expanded Definition of "Corporation"
- Includes partnerships, joint stock companies, joint accounts, associations, or insurance companies.
- Excludes duly registered general co-partnerships or general professional partnerships.
- General professional partnerships are formed solely for practicing a profession and derive no income from trade or business.
Repeal and Applicability
- Conflicting special laws or acts amended or repealed.
- Provisions apply to income for taxable years beginning after June 30, 1968.