Title
Gross Income Definition in Tax Incentives
Law
Bir Revenue Regulations No. 12-2005
Decision Date
Apr 25, 2005
BIR Revenue Regulations No. 12-2005 defines "gross income" for tax incentives under the Cagayan and Zamboanga Special Economic Zone Acts, revoking previous regulations and outlining allowable deductions for various types of enterprises.

Definition of Gross Income

  • For enterprises in the specified Special Economic Zones, "gross income" means gross sales or gross revenues from business activities within the zone.
  • Gross income is computed net of sales discounts, sales returns, and allowances.
  • Deducts costs of sales or direct costs but does not allow deductions for administrative, marketing, selling, or operating expenses, nor incidental losses.
  • Specific allowable deductions for computing the 5% tax base vary by type of enterprise:
    1. Trading Enterprises:
      • Cost of Sales (calculated as beginning inventory plus purchases minus ending inventory).
    2. Manufacturing Enterprises:
      • Direct salaries, wages, and labor expenses.
      • Production supervision salaries.
      • Raw materials used in manufacturing.
      • Decreases in goods in process and finished goods inventory.
      • Supplies and fuels used in production.
      • Depreciation of machinery, equipment, and portions of buildings used exclusively for production.
      • Rent and utility charges related to production facilities.
      • Financing charges for fixed assets used in production if not previously capitalized.
    3. Service Enterprises:
      • Direct salaries, wages, and labor expenses.
      • Service supervision salaries.
      • Direct materials and supplies used.
      • Depreciation of machinery, equipment, and portions of buildings used exclusively for services.
      • Rent and utility charges for buildings and capital equipment used in service delivery.
      • Financing charges for fixed assets used in the service business if not previously capitalized.

Suspension of Certain Provisions of Revenue Regulations No. 2-2005

  • Sections 3, 4, and 6 of Revenue Regulations No. 2-2005 are suspended concerning enterprises registered under R.A. 7922 and R.A. 7903.
  • Suspension is effective pending issuance of new regulations addressing related matters.

Effectivity

  • These Regulations took effect beginning March 5, 2005.
  • Issued and adopted on April 25, 2005, by the Acting Secretary of Finance and Commissioner of Internal Revenue.

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