Law Summary
Tax Rates on Taxable Net Income
- Imposes tax on taxable net income for individuals (citizens and resident aliens) using a different graduated scale.
- Rates range from 5% to 60% depending on income tiers ranging from P10,000 to over P500,000.
Final Tax on Royalties, Prizes, and Other Winnings
- Royalties, prizes (except those ≤ P3,000), and other winnings (excluding Philippine Charity Sweepstakes) are subject to a final 15% tax.
- Collection and payment follow specific provisions under the Code.
Tax on Interest Income
- Interest from Philippine currency bank deposits and monetary benefits from deposit substitutes and trusts are subject to final taxes.
- Tax rates are 15% on savings deposit interest and 20% on time deposits and yield from substitutes.
- Exemptions apply if total annual interest does not exceed P1,000 and to tax-exempt or preferentially taxed recipients.
Final Tax on Dividends and Partnership Income
- Dividends from domestic corporations and individual partners' shares in taxable partnerships are subject to a final 15% tax.
Tax on Non-Resident Citizens’ Adjusted Gross Income
- Tax imposed on income from sources outside the Philippines of non-resident citizens.
- Graduated rates: 1% up to $6,000, 2% on excess up to $20,000, 3% on income over $20,000.
- Adjusted gross income deduct personal exemption and foreign taxes paid.
- Declaration of foreign income and taxes paid is required.
Tax on Non-Resident Alien Individuals
- Non-resident aliens engaged in trade/business are taxed similarly to residents on Philippine-source income.
- Dividends, partnership income, interest, royalties, prizes, and winnings taxed at a final 30% rate.
- Non-resident aliens not engaged in business pay 30% final tax on all Philippine-source income, including capital gains (with exceptions).
- Aliens employed by multinational corporation headquarters, offshore banking units, and petroleum contractors pay 15% final tax on gross income.
Personal Exemptions for Individuals
- Single persons (including legally separated) exempt P3,000.
- Married persons exempt P6,000; heads of families exempt P4,500.
- Additional exemption of P2,000 per dependent child up to four dependents.
- Special provisions on change of status, death of taxpayer or dependents.
- President may adjust exemptions every 3 years considering economic indices.
- Non-resident aliens engaged in business get personal exemptions equal to that granted by their home country but no more than citizens’ exemptions.
Computation of Taxable Compensation Income
- Taxable compensation income = gross compensation income minus personal and additional exemptions.
- Gross compensation income includes all payments from employer-employee relationships; excludes partners’ share in general professional partnerships.
- Exclusions include damages related to employer-employee relations and items similarly excluded from gross income.
Computation of Taxable Net Income
- Taxable net income = gross income minus allowable deductions and personal/additional exemptions.
- Gross income includes all income from business, professions, property dealings, interest, rents, dividends, etc., excluding compensation income and incomes subject to final tax.
- Specific exclusions from gross income apply, such as life insurance proceeds, gifts, government securities interest, compensation for injuries, treaty-exempt income, retirement benefits, and specific miscellaneous items.
Allowable Deductions from Gross Income
- Deductible business expenses must be ordinary, necessary, and substantiated; includes travel, salaries, rentals.
- Strict rules for entertainment expenses including substantiation and limits.
- Non-resident aliens allowed expense deductions only if connected with Philippine business.
- Specific deductions for private educational institutions for facility expansion.
- Interest deductions with limitations; special rules for prepaid interest.
- Taxes deductible except self-income tax and specific excluded taxes; credit for foreign taxes allowed with restrictions.
- Losses deductible if sustained and not compensated, with rules for business vs. other transactions; specific rules for capital losses.
- Allowance for depreciation for business properties including petroleum-related assets with specified useful life.
- Depletion deductions for oil, gas wells, and mines under cost method with election options for exploration and development costs.
- Charitable contributions deductible up to specific limits; full deduction for government-directed and certain foreign/international institution donations; detailed provisions for private foundations.
- Optional standard deduction of up to 10% of gross income available to individual taxpayers (except non-resident aliens).
Filing of Individual Income Tax Returns
- Filing required for Filipino citizens (resident or abroad) and aliens residing in the Philippines with gross income ≥ P3,000.
- Non-resident aliens engaged in trade or business must file regardless of income amount.
- Simplified returns possible for individuals with fully final tax withheld on compensation income.
- Where to file specified by legal residence, business location, or Commissioner’s office.
- Filing deadlines: March 18 for salaried residents; April 15 for others.
- Husband and wife may file consolidated returns.
- Parents file for unmarried minors under certain conditions.
Withholding Taxes at Source
- Requires withholding on interest, royalties, prizes, dividends, and other specified income.
- Tax rates vary according to payee status: e.g., 30% for non-resident aliens on various income, 15-20% for bank deposit interest.
- Exemptions and refunds for tax-exempt or preferentially treated depositors.
- Withholding applies also to non-resident foreign corporations with different rates.
- Minister of Finance authorized to impose withholding on other income items within set limits.
Exemptions for Estates and Trusts
- Estates and trusts exempt P3,000 from income for tax purposes.
Fiduciary Income Tax Returns
- Fiduciaries must file returns for estates, trusts, or persons they represent if gross income ≥ P3,000.
- Return must be sworn to as true and correct.
Penalties for Non-Compliance
- Failure to file return or pay taxes can result in fines up to P2,000 or imprisonment up to 6 months, or both.
- Exception for individuals with final withholding on compensation income.
- False or fraudulent returns subject to heavier penalties: fine of at least P5,000 and imprisonment of at least 2 years.
Reporting of Income Payments at Source
- All persons or entities making payments of income must file returns with the Commissioner stating amounts and recipients.
- Special provisions apply to payments involving foreign bonds and dividends collected domestically.
Employer Withholding of Taxes on Wages
- Employers must deduct and withhold tax on wages as per schedules established by the Minister of Finance.
- Withheld tax is generally final unless taxpayer’s status changes or has multiple employers.
- Employers not withholding properly may face penalties but not liable for the tax itself.
- Refunds or credits provided for overwithholding.
- Employees must file exemption certificates for personal and additional exemptions.
- Special withholding rules apply to married couples and non-resident aliens.
Implementation and Effectivity
- Minister of Finance to promulgate necessary rules and regulations within 90 days.
- Repealed inconsistent laws and preserved investment incentives.
- The Act took effect January 1, 1982, applicable to income earned from that date.