Title
BIR Revenue Regulations on Optional Standard Deduction
Law
Bir Revenue Regulations No. 16-2008
Decision Date
Nov 26, 2008
BIR Revenue Regulations No. 16-2008 establishes the Optional Standard Deduction (OSD) for individuals and corporations, allowing a maximum deduction of 40% of gross sales or gross income to simplify tax computations and provide an alternative to itemized deductions.

Law Summary

Persons Eligible to Claim OSD

  • Individuals: resident citizens, non-resident citizens, resident aliens, taxable estates and trusts.
  • Corporations: domestic corporations and resident foreign corporations.

OSD for Individual Taxpayers

  • Maximum 40% of gross sales or gross receipts for the taxable year.
  • Basis: gross sales if accrual accounting; gross receipts if cash basis accounting.
  • Cost of sales or services not deductible when computing OSD base.
  • For other accounting methods, gross sales/receipts determined accordingly.

OSD for Corporations

  • Maximum 40% of gross income.
  • Gross income = gross sales less returns, allowances, discounts, and cost of goods sold.
  • Definitions:
    • Gross sales include income taxable under Section 27 (A).
    • Cost of goods sold includes purchase/production costs plus direct expenses.
    • For services, gross income equals gross receipts less returns and cost of services.
    • Cost of services includes salaries, employee benefits, depreciation, rentals, and supplies but excludes interest (except banks).
  • Gross receipts mean amounts actually or constructively received; if accrual method, amounts earned.
  • Passive income subject to final tax excluded from gross income for OSD computation.
  • Other accounting methods to follow applicable rules.

Example of OSD Computation (Individual vs Corporation)

  • Gross sales P1,000,000 with cost of goods sold P800,000.
  • Individual OSD basis: P1,000,000 x 40% = P400,000.
  • Corporation OSD basis: (P1,000,000 - P800,000) x 40% = P80,000.
  • Net income after OSD: Individual P600,000; Corporation P120,000.

OSD for General Professional Partnerships (GPPs) and Partners

  • GPP itself not subject to income tax; partners taxed individually.
  • GPP computes net income like a corporation; may claim itemized or OSD (max 40%).
  • Partners report distributive share of net income as gross income.
  • Partners may claim itemized deductions or OSD on their share, ensuring no double deduction.
  • Four election scenarios for GPP and partners concerning OSD or itemized deductions.

Election and Irrevocability of OSD

  • Must signify election of OSD in tax return.
  • Election is irrevocable for the taxable year.
  • No amendment allowed to switch from OSD to itemized deductions once filed.
  • Individual taxpayers claiming OSD are not required to submit financial statements but must keep sales/receipts records.
  • Corporations must still submit financial statements and maintain records.
  • Quarterly returns may use either deduction method, but the final annual return must adopt one.
  • Hybrid method combining OSD and itemized deductions within one taxable year not allowed.

Transitory Provisions for 2008 Implementation

  • RA 9504 became effective July 6, 2008; July 1, 2008 used for transition ease.
  • For individuals, OSD before July 1 applied at 10%, after at 40%.
  • Example illustrates the prorated application for taxpayers switching methods during 2008.
  • Choice of deduction method must be for the whole taxable year; no hybrid method.
  • Corporations allowed itemized deductions before July 6, 2008 and OSD after.

Repealing Clause

  • All inconsistent regulations and rules amended, modified, or repealed.

Effectivity Clause

  • Regulations effective July 6, 2008, coinciding with RA 9504 effective date.

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