Income taxation - Ampongan (SolMan)

PAGE 1 SOLUTIONS MANUAL FOR USE WITH INCOME TAXATION 10e EXERCISE 1-1

D 1. F, K 2. I 3.

EXERCISE 1-3

11 K . 12 J . 13 A .

F 1. F 2. F 3.

J

F

4.

4. J

F

5.

5. B

F

6.

6. E

F

7.

7. H

F

8. 9. 10 .

11 . 12 . 13 . 14 . 15 . 16 . 17 . 18 . 19 . 20 .

8. C

T

M

9. 10 T .

T

21 . 22 . 23 . 24 . 25 . 26 . 27 . 28 . 29 . 30 .

T F F F F T T T T

F

31 . 32 . 33 . 34 . 35 .

T T T T T F F F T

EXERCISE 1–2 1. 2. 3. 4. 5.

Excise Community Due process Donor’s tax Shifting

6. 7. 8. 9.

E

L S H I F T I N G

S

C O

D

Lifeblood Toll School Revenue 10. Tax amnesty

L I F E B L O O D H N S

L C

O X

M

M

E S O

R O

L

S

E

C

U A

N

O I

X

T

O

R

P

E

T R E V E N U E U

Y T S E N M A X A T D

F F T T T

PAGE 2

EXERCISE 1 – 4

EXERCISE 1 – 5

1.

B

11.

A

1.

A

11 B .

2 1.

A

31 D .

2.

C

12.

B

2.

A

12 A .

2 2.

A

32 C .

3.

C

13.

D

3.

D

13 A .

2 3.

D

33 B .

4.

B

14.

A

4.

B

14 C .

2 4.

D

34 A .

5.

C

15.

A

5.

B

15 C .

2 5.

C

35 A .

6.

D

16.

C

6.

C

16 B .

2 6.

D

7.

A

17.

C

7.

B

17 D .

2 7.

C

8.

C

18.

C

8.

C

18 A .

2 8.

D

9.

C

19.

D

9.

B

19 C .

2 9.

B

10.

C

20.

C

10 C .

20 B .

3 0.

C

EXERCISE 1–6 The claim of the Commissioner should be denied. Rule-making power must be confined to details for regulating the mode or proceedings in order to carry into effect the law as has been enacted, and it cannot be extended nor can it expand the statutory requirements or to embrace matters not covered by the statute. Administrative regulations must always be in harmony with the provisions of the law because any resulting discrepancy between the two will always be resolved in favor of the basic law.

EXERCISE 1–7 YES. Double taxation means taxing twice the same property twice when it should be taxed only once; that is “taxing the same person twice by the same jurisdiction for the same thing.” Otherwise described as “direct duplicate taxation,” the two taxes must be imposed on the same subject matter, for the same purpose, by the same taxing authority, within the same jurisdiction, during the same taxing period; and the taxes must be of the same kind or character. There is indeed double taxation if respondent is subjected to the taxes under both Sections 14 and 21 of Tax Ordinance No. 7794, since these are being imposed: (1) on the same subject matter – the privilege of doing business in the City of Manila; (2) for the same purpose – to make persons conducting business within the City of Manila to contribute to city revenues; (3) by the same taxing

PAGE 3 authority – the City of Manila; (4) within the same taxing jurisdiction –within the territorial jurisdiction of the City of Manila; (5) for the same taxing periods – per calendar year; and (6) of the same kind or character – a local business tax imposed on gross sales or receipts of the business. Moreover, Section 143(h) may be imposed only on businesses that are subject to excise tax, VAT, or percentage tax under the NIRC, and that are “not otherwise specified in preceding paragraphs.”

EXERCISE 1- 8 The law is constitutional. The tax is levied with a regulatory purpose – to provide means for the rehabilitation and stabilization of the threatened sugar industry. As the protection and promotion of the sugar industry is a matter of public concern, the Legislature may determine within reasonable bounds what is necessary for its protection and expedient for its promotion. Here, the legislative discretion must be allowed full play, subject only to the test of reasonableness; and it is not contended that the means provided in Section 6 of C.A. 567 bear no relation to the objective pursued or are oppressive in character. If objective and methods are alike constitutionally valid, no reason is seen why the state may not levy taxes to raise funds for their prosecution and attainment. Taxation may be made the implement of the State’s police power.

EXERCISE 2–1 1. The query should be addressed to the Commissioner of Internal Revenue because the power to interpret the provisions of the National Internal Revenue Code (NIRC) and other tax laws is under the exclusive and original jurisdiction of the Commissioner, subject to review by the Secretary of Finance. Moreover, interpretation of officers, of laws which are entrusted to their administration, is entitled to great respect and have in their favor a presumption of legality (Anscor Container Corporation v. CTA, GR No. 38052, August 31, 1998). 2. I will inform him that a compromise is not allowed anymore because the case had already been filed in the Regional Trial Court. The moment the case is filed in court, it cannot be subject to compromise anymore. 3.

Piolo is correct. Under RA 1405 the BIR Commissioner’s power to inquire into a taxpayer’s bank deposit is not in conflict with the Bank Secrecy Law. Based on the provision of the NIRC, the Commissioner is authorized to inquire into bank deposit: a. b.

To determine the gross estate of a decedent; and When a taxpayer applies for a compromise of his tax liability by reason of financial incapacity.

4.

I will request for a compromise of the assessed tax on ground that the financial position of the taxpayer demonstrates clear inability to pay the assessed tax. Clearly, even if the case is decided against the taxpayer, he will not have the money to pay the assessed tax. It is therefore an exercise in futility to forego with the case against him.

5.

The claim for refund should be denied on ground of prescription. Recovery of taxes erroneously paid or illegally collected are allowed only when filed within the two-year prescriptive period. The two-year period should be computed from the time of actual filing of the Adjustment Return and final payment of the tax (Phil. Bank of Communications vs. CIR, 302 SCRA 241). Thus, the two year prescriptive period lapsed on April 5, 2011.

6. The Commissioner may not grant the refund when there is a deficiency tax assessment against the claimant-taxpayer. To award such refund despite the existence of the deficiency assessment is an absurdity and a polarity in conceptual effects (Commissioner vs. CA and Citytrust Banking Corp, 234 SCRA 348). 7.

Yes. Where a corporation paid quarterly corporate income taxes in any of the first three quarters during the taxable year but incurs a net loss during the taxable year, the two-year period for the

PAGE 4 filing of claim for refund or credit shall be counted from the date of the filing of the annual corporate income tax return (Commissioner vs. TMX Sales, 205 SCRA 184). 8.

a. The counting of the two (2) year period commences to run from the date of final payment. Considering that the final payment was made on July 9, 2012, the prescriptive period will end on July 9, 2014. b.

Augusto has thirty days from receipt of the decision of the CIR to file an appeal with the CTA. Since it was received on May 15, 2014, he has until June 14, 2014 to file his appeal with the CTA.

c.

He is given 30 days from receipt of the CIR’s decision but not exceeding 2 years from the date of final payment. Hence, he has until July 9, 2014, or eight (8) days following the receipt of the decision, to file an appeal with the CTA.

EXERCISE 2-2. MULTIPLE CHOICE 1.

C

2.

C The Bureau of Immigration is under the Department of Justice.

3.

A The BIR is inferior to the Court of Tax Appeals in terms of tax cases. Thus, the BIR is not empowered to review the decision of a superior court.

4.

B

5.

D

6.

C The power to decide tax cases is more of a power and duty of the Commissioner rather than the Bureau of Internal Revenue.

7.

B The Community Tax is levied under the Local Government Code of 1991. The Overseas Communication Tax and the Gross Receipts Tax are business taxes under Section 120 and 121, respectively, of the National Internal Revenue Code. The documentary stamp tax is levied under Title VII of the NIRC.

8.

A The power to interpret the provisions of the NIRC is under the exclusive original jurisdiction of the Commissioner of Internal Revenue, subject to review by the Secretary of Finance.

9.

D Under RA 1125, as amended, the decisions of the Commissioner of Internal Revenue on cases pertaining to disputed assessments, refunds of taxes, fees and other charges, penalties, etc. is appealable only to the Court of Tax Appeals.

10.

D The limited power of the Commissioner does not conflict with RA 1405 because the provision of the Tax Code granting this power is an exception to the Secrecy of Bank Deposits Law. The Commissioner or his duly authorized representative may be allowed only to inquire into

PAGE 5 the bank deposits of the taxpayer on the following cases: a. To determine the gross estate of the decedent. b. Where the taxpayer has filed an application for compromise of his tax liability by reason of financial incapacity; and c. When there is a waiver duly signed by the taxpayer. 11

C Revenue Audit Memorandum Order, Revenue Special Order and Revenue Travel Assignment Order are not exercises of legislative power. Revenue Regulations are more detailed interpretation of the tax laws. It is issued by the Secretary of Finance, upon the recommendation of the Commissioner of Internal Revenue.

12.

D The case cannot be compromised anymore if the case is filed already before the courts of justice and if the case involves fraud.

13.

B

14.

B Corporations are not allowed to be registered by the Securities and Exchange Commission for the purpose of practice of public accountancy (RA 9298).

15.

C A withholding agent is a party in interest having sufficient legal interest to bring a suit for refund of taxes illegally collected from him. The claim for refund must be filed with the CIR before any suit in Court of Tax Appeals is commenced. The computation of the two-year period starts from the filing of the final adjustment return because it was only then that it could be ascertained whether the taxpayer made profits or incurred losses in its business operations.

EXERCISE 2-3 1.

D The last day to claim refund is June 30, 2013 or two (2) years from the date of final payment.

2.

A Taxpayers are given 30 days from receipt of BIR decision but within two (2) years from the date of payment, to appeal the decision to the Court of Tax Appeals.

3.

D When the 2-year period is about to lapse, the suit or proceeding must be started in the Court of Tax Appeals without awaiting for the decision of the Commissioner, or the 30-days reglementary period from receipt of decision to appeal to the CTA.

4.

C The best action is to file an appeal with the Court of Tax Appeals before the lapse of the 2year prescriptive period, without waiting for the decision of the Commissioner of Internal Revenue.

5.

D The counting of the 30 day prescriptive period for appeal starts from the date of receipt of the decision because it would be unfair on the part of the taxpayer to include in the counting the

PAGE 6 date while the decision is still in the table of the Commissioner or it is still in transit.

EXERCISE 2–4 The proper party to question, or seek a refund of an indirect tax is the statutory taxpayer, the person on whom the tax is imposed by law and who paid the same even if he shifts the burden thereof to another. Even if Petron passed on to Silkair the burden of the tax, the additional amount billed to Silkair for jet fuel is not a tax but part of the price which Silkair had to pay as a purchaser. An excise tax is an indirect tax where the tax burden can be shifted to the customer but the tax liability remains with the manufacturer or producer. The excise taxes are collected from manufacturers or producers before removal of the domestic products from the place of production. Although excise taxes can be considered as taxes on production, they are really taxes on property as they are imposed on certain specified goods. When Petron removes its petroleum products from its refinery in Limay, Bataan, it pays the excise taxes due on the petroleum products thus removed. Petron, as manufacturer or producer, is the person liable for the payment of the excise tax as shown in the Excise Tax Returns filed with the BIR. Stated otherwise, Petron is the taxpayer that is primarily, directly and legally liable for the payment of the excise taxes. However, since an excise tax is an indirect tax, Petron can transfer to its customers the amount of the excise tax paid by treating it as part of the cost of the goods and tacking it on to the selling price. Silkair as the purchaser and end consumer, ultimately bears the tax burden, but this does not transform petitioner’s status into a statutory taxpayer. In the refund of indirect taxes, the statutory taxpayer is the proper party who can claim the refund. Petitioner should invoke its tax exemption to Petron before buying the aviation jet fuel. Petron, however, remains the statutory taxpayer on those excise taxes.

EXERCISE 3-1 1.

The partnership is not liable to pay income tax considering that no income was earned during the year. The increase in the net assets was caused by the additional contribution of P10,000 by the partners.

2.

The contention of Judge Nitafan is wrong. Payment of income tax by judges is not covered by the constitutional protection against diminution of their salaries during their continuance in office. Income taxation for the members of the judiciary give substance to the equality among the three branches of the government consisting of the executive, legislative and the judiciary.

3.

a. Face value Less: Discount (100,000 x 20%) Income subject to tax/Fair discounted value b. Discount x Due in 2011

P 100,000 20,000 80,000 P 20,000 50%

PAGE 7 Income subject to tax, 2011

10,000

c. Income reportable in 2012 ( 20,000 x 50%) 4.

P 10,000

Whenever a stockholder is indebted to the corporation and said creditor corporation decides to condone the debt, such condonation has the effect of a payment of dividend to the stockholder. Therefore, the condonation made by Lux Corporation to Eduardo is in effect a payment of dividend by Lux Corporation to Eduardo. If Eduardo is the creditor while Lux Corporation is the debtor and the former decides to condone the debt of the latter, the amount is considered as an additional investment by Eduardo to the corporation.

5.

Hilario is not required to report income on the condonation considering that the condonation of debt was given without requiring him to render services. The P50,000 constitutes more as a taxable gift rather than as a taxable income.

6.

Yes the amount of P30,000 is in the nature of a remuneratory donation; it is subject to income tax.

7.

Under the tax benefit rule, whenever a bad debt is claimed as deduction from gross income and it resulted to a reduction in its tax liability, the recovery of such is subject to tax. Thus, when Pamco wrote off the accounts and claimed it as deduction from gross income, there was a corresponding reduction in the tax liability. It being the case, the recovery of such debt is taxable to PAMCO but only up to P90,000, the amount that has been beneficial to PAMCO.

8.

a. b. c. d. e. f. g. h. i. j.

9.

Value-added tax Real property tax Income tax Stock transaction tax Special assessment Occupation tax Estate tax Income tax paid to a foreign country Community tax Excise tax

-

not taxable taxable not taxable not taxable not taxable taxable not taxable taxable if claimed as deduction

- taxable - taxable

a. Yes, the dividends are subject to a final tax of 10%. b. The dividends paid are in effect property dividends. They are subject to a final tax of 10% c. The dividends paid are actually stock dividends. They are not subject to tax. d. Although some stockholders were paid stock dividends, since others were paid cash, such declaration and payment resulted to a change in proportionate interest. Thus, both the stockholders who were paid stocks and cash dividends are subject to final tax.

10. a. Dividends received from domestic

– not taxable

PAGE 8 b. Dividends received by resident foreign from - not taxable domestic c. Dividends received by nonresident foreign corporation from domestic – 15% final tax if the country in which the nonresident foreign corporation is domiciled shall allow tax credit of 15% in its income tax payable in such foreign country. 11. a .

Miss Supsup is entitled to 10% of the value of confiscated smuggled goods but not exceeding P1,000,000. Since 10% of the value of the smuggled goods is P10,000,000 (P100,000,000 x 10%), Miss Supsup is entitled only to P1 million as tax informer’s reward.

b. The reward received by Miss Supsup is subject to a final withholding tax of 10%. Hence, the amount of tax to be withheld in favor of the government is P100,000 (P1,000,000 x 10%). 12. a .

Under Outright Method, the lessor is required to report as income the fair market value of the improvement at the time of completion. Thus, she has to report an income of P100,000 on the leasehold improvement and P48,000 (P4,000 x 12) on the rent, or a total amount of P148,000.

b. Rent (P4,000 x 12) Add: Income on leasehold improvement Cost of improvement Less: Accumulated depreciation (100,000/25 x 18.5) Book value, end of lease (26,000 / 18.5 x ½ ) c .

P 48,000 P 100,000 74,00 0 26,000

Rent ( 4,000 x 6)

24,000

Leasehold improvement: Cost P 100,000 Less: Depreciation (7/1/09 – 6/30/10) 4,0 (100,000 / 25) 00 Book value upon termination 96,000 Less: Amount already reported as income 703 Income of lessor in 2013

EXERCISE 3 – 2 1

T

6

T

703 48,703

11

F

95,29 7 119,29 7

PAGE 9 2

T

7

F

12

F

3

T

8

T

13

F

4

T

9

F

14

T

5

F

10

T

15

F

3-3. TAX BENEFIT RULE 3ANSWER: B 3.1: Case 1 – P 40,000 Case 2 - 20,000 Case 3 - 40,000 Case 4 70,000 (85,000 – 15,000) 33.2:

(1) ANSWER: D Gross profit

800,0 00 30,00 0 830,00 0

Add: Bad debts recovered Total Less: Accounts writtenoff Deductible expenses Net income before income tax 33.3:

P

50,000 440,000

490,00 0 340,00 0

(2) ANSWER: D Gross income before taxes Less: Deductible taxes Amusement tax Local business taxes Net loss

P 90,000 P 80,000 40,000

120,00 0 ( 30,00 0)

ANSWER: B Amusement tax Local business taxes

80,0 00 8,500

PAGE 10

Taxable income

88,500

EXERCISES 3 – 3.4. MULTIPLE CHOICE THEORY 1.

ANSWER: C This is an application of the “tax benefit rule.” Under this principle, the recovery of bad debt previously deducted is taxable if at the time it was claimed as deduction, there was a corresponding reduction in the income tax liability of the taxpayer.

2.

ANSWER: C See the explanatory notes in No. 11 above on tax benefit rule.

3.

ANSWER: D The capital gains tax is an income tax, while the tax paid on inter vivos donation is a donor’s tax. These taxes, including the valueadded tax, are not deductible from gross income from purposes of computing the income tax. Thus, the refund received from these taxes are not subject to tax. The community tax paid by a corporation is a deductible item from gross income. Hence, a refund received is taxable.

EXERCISE 3-4 34.1: 1.

LEASEHOLD IMPROVEMENT ANSWER: B Cash received Tax paid by lessee Income to be reported in 2011

120,000 3,000 123,000

The lessor shall apply cash method on prepayment of rental even if it is using accrual method of accounting. 2.

3.

ANSWER: D Rent income (5,000 x 12) Leasehold improvement Tax paid by lessee Income to be reported under outright method ANSWER: A Rent income Tax paid by lessee Leasehold improvement:

60,000 1,800,000 3,000 1,863,000

60,000 3,000

PAGE 11 Cost

1,800,0 00

Less: Accumulated depreciation (1,800,000/30 x 17.5)

1,050,0 00 750,00 0

Book value, end of lease (750,000/17.5) x 6/12 Income to be reported under spread-out method 4.

21,429 84,429

ANSWER: C Effective January 1, 2014, the land and the building shall be exempt from real estate tax because it is now being used actually, directly and exclusively for educational purpose. All assessments or reassessments made after the 1st day of January of any year shall take effect on the 1st day of January of the succeeding year (Sec. 221, Local Government Code of 1991).

5.

6.

ANSWER: B Rent expense Depreciation (1,800,000/17.5) Deductible expense

60,000 102,857 162,857

ANSWER: B Cash received Leasehold improvement (750,000/17.5)

60,000 42,857 102,857

Note: No real property tax will be shouldered by the lessee starting 2014 because the land and the building shall be exempt from real estate tax considering that it is now being used actually, directly and exclusive for educational purpose. 7.

ANSWER: C Cash received (5,000 x 3) Leasehold improvement: Cost Less: Accumulated depreciation (1,800,000/30 x 3.75) Book value upon termination Less: Amount declared as income 2013 21,429 2014 42,857 2015 42,857

15,000 1,800,0 00 225,00 0 1,575,0 00

PAGE 12 2016

42,857

150,0 00

Total

1,425,0 00 1,440,0 00

EXERCISE 3-4.2: 1.

ANSWER: A Rent (2,000 x 12)

24,0 00 1,000,0 00 1,024,0 00

Leasehold improvement Income using outright method 2.

ANSWER: C Rent (2,000 x 12) Leasehold improvement: Cost Less: Depreciation for 9 years (1,000,000/20 x 9) Book value, end of lease

24,00 0 1,000,0 00 450,0 00 550,00 0

Annual income (550,000/ 9 years) Income under spread-out method 3.

61,111 85,111

ANSWER: C Annual income reportable

61,11 1 x No. of years of reporting ____1 Loss incurred by Bryant 61,111 Note: It is presumed that Bryant had already reported his entire income on leasehold improvement for the taxable year 2015 but not his income from January to February 28, 2016. EXERCISE 3–4.3: ANSWER: B Rent income Income on leasehold improvement: Cost of improvement Less: Depreciation for 15 years (600,000/30 x 15) Book value, end of lease Divide by remaining term of lease (years)

36,00 0 600,0 00 300,000 300,000 15 20,000

PAGE 13 Annual income to be reported

56,000

EXERCISE 3–4.4 1. ANSWER: A The income from rent received by Vic is taxable to him, while the amount given as loan is not because there was no gain realized by Vic in this transaction. As a matter of fact, there was no gain realized whether as payment for services, interest or profit from investment. 2.

ANSWER: C Cost of improvement Less: Depreciation for 8 years (2,000,000/50 x 8) Book value, end of lease Rent income Income from leasehold improvement (1,680,000 / 8) Total income using spread-out method

3.

P 2,000,00 0 320,00 0 1,680,00 0 P 10,000 210,000 220,000

ANSWER: D

EXERCISE 3-5 EXERCISE 3–5.1:

1.

ANSWER: D Value of promissory note Less: Discount (120,000 x 20%) Taxable income, 2011

2.

P 120,000 24,000 96,000

ANSWER: D Discount Less: Income to be reported in 2012 (24,000 x 50%) Taxable income, 2013

24,000 12,000 12,000

EXERCISE 3–5.2:

1.

ANSWER:

C

Value of promissory note Less: Discount (P50,000 x 25%) Taxable income, 2013 2.

ANSWER: B

P 50,000 12,500 37,500

PAGE 14 Value of promissory note Less: Amount already declared as income Taxable income, 2014

P 50,000 37,500 12,500

EXERCISE 3–5.3:

1.

ANSWER: C Payment for services rendered by promissory note which can be discounted, is taxable to the payee at its fair discounted value.

EXERCISE 3-6. MULTIPLE CHOICE 1.

ANSWER: B A schedular system of taxation is a system employed where the income tax treatment varies and is made to depend on the kind or category of taxable income of the taxpayer. It is distinguished from global system in the sense that the latter is employed where the tax system views indifferently the tax base and generally treats in common all categories of taxable income of individual (Tan vs. Del Rosario, 237 SCRA 324, 331).

2.

ANSWER:

C

Dividends received by a domestic and resident foreign from a domestic corporation are not subject to income tax. Dividends received by a resident citizen from a domestic corporation are subject to a final tax of 10%. Dividends received by a domestic corporation from a foreign corporation are subject to ordinary income tax. 3.

ANSWER:

C

Winnings in lotto are tax exempt. 4.

ANSWER: C Value-added tax, other percentage taxes and excise tax on certain goods are taxes found under Titles IV, V and VI, respectively of NIRC, which contain the provisions on business taxation; whereas, income taxation is discussed in Title II of the same code.

5.

ANSWER: B The amount of P3,000 raised by Mon is a gift which should be excluded from gross income because when a financial aid is asked, that means that there is no legally demandable obligation on the part of other people to give him money.

6.

ANSWER: D Income refers to earnings, lawfully acquired, without consensual recognition, express or implied of an obligation to repay and without restriction as to their imposition (James vs. US, 366 US 213).

PAGE 15 7.

ANSWER: C The amount received by Ceidi and Ador fall within the ambit of “income from whatever source derived” because these are income not expressly excluded or exempted from the class of taxable income. The above phrase is so broad that it includes all income not expressly excluded or exempted from the class of taxable income, irrespective of voluntary or involuntary action of the taxpayer in producing the income (Gutierrez vs. CIR, CTA Case No. 65).

8.

ANSWER: D The amount of indebtedness cancelled due to services rendered by the debtor is considered as compensation income. It is just like paying an employee by an amount equivalent to the services he had rendered to his employer-creditor.

9.

ANSWER: C The money value of accumulated leave credits not exceeding 10 days is not taxable to the employee. Travelling expenses received by an employee who was sent on a business trip are not taxable to the employees provided that these employees are required to liquidate said expenses. Tips received by waitresses directly from customers which are not accounted for by the employer to the employer are considered taxable income.

1 0

ANSWER: D If a corporation to which a stockholder is indebted forgives the debt, the transaction has the effect of a payment of dividend (Sec. 5, Rev. Regs. No. 2).

1 1

ANSWER: B The money given to Lazaro is a remuneratory donation. income, subject to income tax.

1 2

ANSWER: C Tips Liability condoned after rendering service Taxable income

1 3

5,00 0 25,000 30,000

ANSWER: A Selling price (115 x 200) Less: Cost (100 x 200) Gain on sale

23,000 20,000 3,000

It is deemed an

PAGE 16 Date Shares Cost per share 1-24-2008 200 P 100 2-05-2008 200 110 4-12-2008 (400 x 5%) 20 420 New cost per share (42,000/420) P 100 1 4

ANSWER:

Total Cost P 20,000 22,000 -- . 42,000

D

Selling price (115 x 200) Less: Cost (95.23 x 200) Gain on sale No. of Shares Date Old New

23,00 0 19,046 3,954 New Cost per Share

Cost 1 5

1-24-2008 P20,000 ANSWER: C

200

210

P 95.23

Market value of shares - Mina Company x No. of Common shares Property dividend 1 6

120 150 18,000

ANSWER: D Market value of stocks dividends per share Stock dividend received by Rosa (1,000 x 20%x10%) Dividend income

1 7

30 20 600

ANSWER: A Selling price (30 x 25) Less: Cost (5,000/125) x 25 Loss

750 1,000 ( 250) Amount

Number Shares

P 5,000

100 Dividend (100 x 25%)

-

25 Total 125

5,000

PAGE 17 1 8

ANSWER: D Sale of dividends (P60 x 40)

2,40 0

Less: Cost 200

(200 x

20

(200 x

11,0 00 -- .

P55) 20%) 220

11,00 0

(11,000/220) x P40

2,000 400

Gain on sale 1 9

ANSWER: A Total sale (P400,000 + 50,000)

450,00 0

Less: Cost

240,00 0 35,0 00

Book value of farm equipment Gain on sale Add: Other income Gross income

275,00 0 175,00 0 12,50 0 187,50 0

EXERCISE 3 -7. Yes. It is part of Javier’s gross income falling within the ambit of the “income from whatever source derived” which includes all income not expressly excluded or exempted from the class of taxable income, irrespective of the voluntary or involuntary action of the taxpayer in producing the income. The phrase includes also proceeds of stolen or embezzled property or gains derived from illegal source. Thus, assuming that the Mellon Bank fails to recover the money, it shall be taxable to Javier

EXERCISE 4–1. CROSSWORD PUZZLE 2

1

5 Y

2

%

D T

4

W

E

3

L

V

E

PAGE 18 E R

5

M

A

N

K

&

F

R

L

E

N

S

G 3

C

I

8

L

6

S

7

O

I

S

M T

H

0

I

N

G

S

EXERCISE 4 - 2 1

T

6

F

11

T

2

F

7

T

12

F

3

F

8

F

13

T

4

F

9

T

14

T

5

T

10

F

15

T

EXERCISE 4-3

1 .

a . b . c . d . e . f. g .

2 .

Interest on corporate bonds - Taxable Salary

- Taxable

Tips

- Taxable

Winnings in lotto

- Not taxable (expressly exempt under the law) - Taxable (income from whatever source derived) - Taxable (income from whatever source derived) - Not taxable (de minimis benefit)

Winnings in jueteng Money stolen from mother’s purse Rice subsidy of P325 per month

The value of the free meals and lodging is not taxable to Yaya. It is very clear that the couple required her to stay in their house for their own benefit. Hence, the matter falls squarely within the “convenience-of-theemployer rule.”

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3 . 4 . 5

.

No. The equivalent value of the living quarter is not taxable to Kulas under the convenience-of-the-employer rule. The purpose of the piggery farm in providing Kulas a room inside the premises is for the convenience of Habang Bata Pa Piggery Farm. The rice allowance is considered as a de minimis benefit which is exempt from income tax. Thus, it is neither subject to creditable withholding tax nor to fringe benefit tax. The free parking and courtesy discounts are subject to fringe benefit tax considering that Kareen Leon is a managerial employee of UB Corporation. The rice subsidy of P1,000 a month fall under the “de minimis benefits” which are exempt from income tax. The excess of the laundry allowance in the amount of P450 (P750300) is part of gross compensation income if such excess is beyond the P30,000 ceiling for “other benefits.” The rental value of the residential property is subject to fringe benefits tax which is subject to final tax. Therefore, not part of the gross income.

6 .

The cost of the educational assistance extended by De la Salle University to Prof. Ferdinand Romero is supposed to be treated as part of the teacher’s gross compensation income considering that Prof. Romero is neither classified as managerial nor supervisory employee; he is still classified as a rank-and-file employee. However, since there is a condition that he should remain in the employ of the employer for at least ten years after graduation, the expenditure shall be considered as granted for the convenience of the employer’s trade or business. Therefore, whether the granting of the benefit is extended through a qualifying/competitive examination or not, it should not be part of the gross compensation income of Prof. Romero. The cost of the tuition fee is attributable to the operation and conduct of business of the employer. Therefore, the same shall be deducted from the gross income of the school.

EXERCISE 4 – 4

1.

ANSWER: C Fringe benefit expense Fringe benefit tax expense Deductible expense

34,00 0 16,000 50,000

PAGE 20 2.

ANSWER:

C

Fringe benefit expense Divide by Grossed-up monetary value 3.

ANSWER:

34,0 00 68% 50,000

A

The fringe benefit tax is imposed only if the fringe benefit is given to managerial or to supervisory employees. Accounting clerks, janitors and the security guards are rank-and-file employees. Only the company’s general manager is a managerial or supervisory employee. Therefore, the fringe benefit tax must have been given to him. 4.

ANSWER:

B

The one sack of rice is not subject to fringe benefit tax on the first P1,000 per employee per month; the excess maybe also be exempt if forming part of the other benefits not exceeding P30,000. A corporation, though exempt from tax, is not exempt from the payment of fringe benefit tax. The equivalent value of free lodging given to a driver of an obstetrician falls under convenience of the employer rule which is not subject to fringe benefit tax. The employer’s share in the GSIS contribution is not subject to income tax. EXERCISE 4-5

1.

ANSWER: B Fees in civic club Life insurance premium Monetary value Divide by Grossed-up monetary value Rate of tax Fringe benefit tax

2.

ANSWER: B To rank and file employees: Christmas bonus Loan benefits [96,000 x (12%-8%) Medical allowance Uniform allowance To the supervisor:

5,000 15,400 20,400 68% 30,000 32% 9,600

32,000 3,840 16,000 12,000

63,840

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Christmas bonus Fees in civic club Life insurance premium Uniform allowance Fringe benefit expense Fringe benefit tax expense Total deductions 3.

ANSWER:

4,000 5,000 15,400 3,000

27,400 91,240 9,60 0 100,84 0

D

Rank and file: Christmas bonus (max: P 5,000 / employee 32,000 p.a.) Medical allowance (max: 125 per employee 12,000 p.m.) Uniform allowance (max: 3,000 / employee 12,000 p.a.) Supervisor: Christmas bonus Uniform allowance Total de minimis benefits 4.

ANSWER:

4,000 3,000 63,000

A

EXERCISE 4-6

1.

ANSWER: C As a general rule, free meals and lodging furnished by the employer to the employees are taxable to the latter. However, allowances furnished for and as a necessary incident to the property performance of his duties are not taxable because they fall under the “convenience of the employer rule.”

2.

ANSWER: C Tony’s gross income is P9,500 because his employer’s residence is not the place of business where the employer conduct a significant portion of his business. On the other hand, Bert’s gross income should not include the monthly value of his free meals and living quarters because the provision enables Cristy to avail of the services of Bert at her convenience (RAMO 1-87).

3.

ANSWER: D The free meals are given by the employer to provide sanitary meals

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to its employees, while the free lodging are provided because they do not want the workers to find difficulty in looking for boarding houses. These benefits are obviously furnished for the benefit of the employees and not to the advantage of the employer. It is therefore, apparent that the allowances furnished are in the form of fringe benefits. However, since they are given to ordinary workers which fall within the classification of rank-and-file employees, the benefits are taxable to them and are includible in the computation of their respective gross income. 4.

ANSWER: D The grossed-up monetary value includes the monetary value of the fringe benefit received by the employee from his employer and the amount of fringe benefits tax due thereon which was paid by the employer.

5.

ANSWER: D The use of aircraft owned and maintained by the employer shall be treated as business use and not subject to fringe benefits tax.

6.

ANSWER: D Jaguar is a rank-and-file employee. All fringe benefits given by his employer are not subject to fringe benefits tax. The free meals and lodging given to Col. General is specifically exempt from fringe benefits tax. Moreover, it is also furnished for the convenience of the employer (the Philippine Government) so that the military officer shall be readily available when his services are required. The uniform allowance falls under de minimis benefits which are exempt from the fringe benefits tax.

7.

ANSWER: B De minimis benefits are of relatively small value that they are exempt from the payment of fringe benefits tax and ordinary income tax.

8.

ANSWER: B Fringe benefits given to rank and file employees are exempt from fringe benefits tax. However, there are benefits which are subject to regular income tax depending upon the nature of benefits the employees have received from their employer.

9.

ANSWER: D A residential property owned by the employer and assigned to an

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employer for use as his residence is subject to fringe benefits tax based on the 5% of the fair market value of the land and improvements. 10 ANSWER: D . Unlike other individual taxpayers, nonresident aliens not engaged in trade or business are subject to fringe benefits tax at a rate of 25% of the grossed-up monetary value. EXERCISE 4-7 1.

ANSWER: C Purchase of groceries Divide by Grossed-up monetary value Rate of tax Fringe benefit tax

10,50 0 68% 15,441 32% 4,941

The medical benefits is a de minimis benefit up to the ceiling of P10,000, the excess of P7,500 is hereby presumed to be included as part of Other Benefits. 2.

ANSWER: A Monthly salary Free meals and living quarters (P1,500 + 1,000) Monthly gross compensation income

3.

6,500

ANSWER: B Salary

4.

4,00 0 2,500

4,000

ANSWER: D Cost of first class ticket Rate subject to fringe benefit tax Fringe benefit Exchange value in Philippine currency Fringe benefit subject to fringe benefit tax Divide by Grossed-up monetary value Rate

$ 2,500 30 % 750 43 32,250 68% 47,426. 47 32

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Fringe benefit tax 5.

ANSWER: D Monetary value (P800,000/5) x 50% Divide by Grossed-up monetary value Rate of tax Fringe benefit tax

6.

Divide by Grossed-up monetary value Rate of tax Fringe benefit tax

Rate of tax Fringe benefit tax

8,000 6,000 2,000 68% 2,941.1 8 32% 941.18

ANSWER: A Total expenses incurred Divide by Grossed-up monetary value Rate of tax Fringe benefit tax

9.

5,00 0 68% 7,352 32% 2,353

ANSWER: C Interest at benchmark rate (P100,000 x 12% x 8/12) Less: Interest at special rate (P100,000 x 9% x 8/12) Interest foregone/value of benefit Divide by Grossed-up monetary value

8.

80,00 0 68% 117,64 7 32% 37,647

ANSWER: B Monetary value (P10,000 x 50%)

7.

% 15,176. 47

16,00 0 68% 23,529 32% 7,529

ANSWER: D Salary of driver and housemaid (P4,000 + 2,000) Membership fees and dues (P75,000/12)

6,00 0 6,250

PAGE 25

Monetary value of benefit Divide by Grossed-up monetary value Rate of tax Fringe benefit tax 10.

ANSWER: A Fair market value (higher) Divide by Grossed-up monetary value Rate of tax Fringe benefit tax

11.

ANSWER: D Monetary value (3,400 x 50%) Divide by Grossed-up monetary value Rate Fringe benefit tax on rental Add: Monthly rental Fringe benefit to clerk Deductible expense

12.

12,250 68% 18,015 32% 5,765

ANSWER:

2,500,00 0 68 % 3,676,4 71 32 % 1,176,4 71 1,70 0 68% 2,500 32% 800 3,400 3,000 7,200

D

Fringe benefit to supervisory employees Divide by Grossed-up monetary value Rate Fringe benefit tax

170,000 68% 250,000 32% 80,000