Title
Clarifications on Personal Exemptions and OSD
Law
Bir Revenue Memorandum Circular No. 22-2009
Decision Date
Apr 22, 2009
The BIR clarifies the allowable claims for personal and additional exemptions and the optional standard deduction for the 2008 taxable year, detailing the apportionment rules and deadlines for taxpayers to amend their returns without penalties.
A

Apportionment of Increased Personal and Additional Exemptions in 2008

  • Increased personal and additional exemptions for individuals cannot be claimed in full for 2008.
  • Apportioned according to RR No. 10-2008 rules.
  • Transitory allowance reflected on the new Annual Income Tax Return Form 1701 (July 2008 version) for Self-Employed Individuals, Estates, and Trusts.

Optional Standard Deduction (OSD) Rates for Individuals

  • From January 1 to June 30, 2008: OSD limited to 10% of gross income (gross sales less cost of sales).
  • From July 1 to December 31, 2008: OSD increased to a maximum of 40% of gross sales or gross receipts net of returns, discounts, and allowances.
  • When gross sales or receipts represent total income for the entire year and are not allocable to specific months, computation is:
    • 10% of 50% of gross income plus
    • 40% of 50% of gross sales or receipts.

Optional Standard Deduction (OSD) for Corporations

  • Corporations opting for OSD can apply the 40% OSD only from July 1, 2008 onward.
  • For the period prior to July 1, 2008, itemized deduction method remains in effect.

Filing and Amending Income Tax Returns for 2008

  • Taxpayers preparing 2008 income tax returns must observe the above guidelines if returns have not been filed yet.
  • Taxpayers who made errors or inadvertent mistakes in previously filed returns may amend their returns and pay any deficiency basic income tax without penalties.
  • Deadline for amendments and payment without penalties: July 15, 2009.
  • Authority for penalty waiver rests on Commissioner’s power under Section 204(B) of the 1997 Tax Code, as amended.

Administrative and Public Guidance

  • The Circular calls for wide dissemination to ensure proper compliance.
  • Issued by the Commissioner of Internal Revenue to ensure uniform application of tax rules related to exemptions and deductions for taxable year 2008.

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