Title
Amendments to Corporate Tax Rates
Law
Republic Act No. 5431
Decision Date
Jun 27, 1968
Amendments to the National Internal Revenue Code in the Philippines introduce changes to tax rates for corporations, private educational institutions, building and loan associations, and foreign corporations, while also addressing tax liability for partnerships and introducing provisions for withholding tax and special deductions for insurance companies.
A

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.

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