EXERCISES 1-1

EXERCISES 1-2

1.

D 11.

K 1.

F 11.

T 21.

F 31.

F

2.

F, K 12.

J 2.

F 12.

T 22.

T 32.

F

3.

I 13.

A 3.

F 13.

F 23.

T 33.

T

4.

J 4.

F 14.

F 24.

T 34.

T

5.

J 5.

F 15.

F 25.

T 35.

T

6.

B 6.

F 16.

F 26.

T

7.

E 7.

F 17.

T 27.

F

8.

H 8.

F 18.

T 28.

F

9.

C 9.

T 19.

T 29.

F

10.

M 10.

T 20.

T 30.

T

EXERCISES 1

– 3

EXERCISES 1 – 4

1. B 11. A 1. A 11.

B 21.

A 31.

D

2. C 12. B 2. A 12.

A 22.

A 32.

C

3. C 13. D 3. D 13.

A 23.

D 33.

B

4. B 14. A 4. B 14.

C 24.

D 34.

A

5. C 15. A 5. B 15.

C 25.

C 35.

A

6. D 16. C 6. C 16.

B 26.

D

7. A 17. C 7. B 17.

D 27.

C

8. C 18. C 8. C 18.

A 28.

D

9. C 19. D 9. B 19.

C 29.

B

10. C 20. C 10 C 20 B 3 C

. . 0.

EXERCISE 1 – 5

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 – 6

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 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 – 7

1. Excise 6. Lifeblood2. Community 7. Toll3. Due process 8. School4. Donor’s tax 9. Revenue5. Shifting 10. Tax amnesty

E L

S L L

H I O

I F C O M M U N I T Y

F E X R T

T B E X E S

I L A V E

N O T E N

G O S N M

D R U A

S C H O O L E X

N A

O T

D S S E C O R P E U D

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 has already been filed in 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. To determine the gross estate of a decedent; andb. 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, 2008.

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 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, 2009, the prescriptive period will end on July 9, 2011.

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, 2011, he has until June 14, 2011 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 12, 2011, or the day following the receipt of the decision, to file an appeal with the CTA.

EXERCISE 2-2. MULTIPLE CHOICE

1. C

2. A

The National Bureau of Investigation and the Bureau of Immigration are under the Department of Justice.

The Bureau of Local Government Finance is under the Department of Interior and Local Government.

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 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; andc. 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.

16.

D

The last day to claim refund is June 30, 2009 or two (2) years from the date of final payment.

17.

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.

18.

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.

19.

C

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

20.

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

EXERCISE 2–3

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.

CHAPTER 3

EXERCISES

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 P 100,000

Less: Discount (100,000 x 20%) 20,000 Income subject to tax/Fair discounted value

80,000

b. Discount P 20,000 x Due in 2008 50% Income subject to tax, 2008 10,000

c. Income reportable in 2009 ( P20,000 x 50%)

P 10,000

4. 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 Dial Corporation to Rodolfo is in effect a payment of dividend by Dial Corporation to Rodolfo.

If Rodolfo is the creditor while Dial Corporation is the debtor and the former decides to condone the debt of the latter, the amount is considered as an additional investment by Rodolfo to the corporation.

5. Larry 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. Value-added tax - not taxableb. Real property tax - taxablec. Income tax - not taxabled. Stock transaction tax - not taxablee. Special assessment - not taxablef. Occupation tax - taxable

g. Estate tax - not taxableh. Income tax paid to a foreign

country- taxable if claimed as deduction

i. Community tax - taxablej. Excise tax - taxable

9. 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 taxableb. Dividends received by resident foreign from domestic

- not taxable

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 17% in its income tax payable in such foreign country.

11. a. Mr. Sips 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%), Mr. Sips is entitled only to P1 million as tax informer’s reward.

b. The reward received by Mr. Sips 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) P 48,000

Add: Income on leasehold improvement Cost of improvement P 100,000 Less: Accumulated depreciation

(100,000/25 x 18.5) 74,000 Book value, end of lease 26,000

(26,000 / 18.5 x ½ ) 703 48,70

3

c. Rent ( 4,000 x 6) P24,000

Leasehold improvement: Cost P 100,000

Less: Depreciation - July 1, 2009 to June 30, 2010 (100,000 / 25) 4,000

Book value upon termination 96,000 Less: Amount already reported as income

703 95,2 97

Income of lessor in 2010 119,297

3-2. TAX BENEFIT RULE3-2.1:

ANSWER: B

Case 1 – P 40,000

Case 2 - 20,000

Case 3 - 40,000

Case 4 - 70,000 (85,000 – 15,000)

3-2.2:

(1) ANSWER: D

Gross profit 800,000

Add: Bad debts recovered

30,00 0

Total 830,000

Less: Accounts written-off

P 50,000

Deductible expenses

440,000 490,000

Net income before income tax

340,000

3- (2) ANSWER: D

2.3:

Gross income before taxes

P 90,000

Less: Deductible taxes Amusement tax P 80,000 Local business taxes

40,000 120,000

Net loss ( 30,000)

ANSWER: B

Amusement tax 80,000

Local business taxes 8,500 Taxable income 88,500

EXERCISES 3 – 2.4. 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 value-added 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.

3-3.1:

LEASEHOLD IMPROVEMENT

1. ANSWER: B

Cash received 120,000Tax paid by lessee 3,000 Income to be reported in 2006 123,000

2. ANSWER: D

Rent income (5,000 x 12) 60,000Leasehold improvement 1,800,000Tax paid by lessee 3,000 Income to be reported under outright method

1,863,000

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

3. ANSWER: A

Rent income 60,000Tax paid by lessee 3,000Leasehold improvement: Cost 1,800,0

00 Less: Accumulated depreciation (1,800,000/30 x 17.5) 1,050,0

00 Book value, end of lease 750,00

0 (750,000/17.5) x 6/12 21,429Income to be reported under spread-out method

84,429

4. ANSWER: C

Effective January 1, 2009, 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. ANSWER: B

Rent expense 60,000Depreciation (1,800,000/17.5) 102,857Deductible expense 162,857

6. ANSWER: B

Cash received 60,000Leasehold improvement (750,000/17.5) 42,857

102,857 Note:

No real property tax will be shouldered by the lessee starting 2009 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) 15,000Leasehold improvement: Cost 1,800,00

0 Less: Accumulated depreciation (1,800,000/30 x 3.75) 225,00

0 Book value upon termination 1,575,00

0 Less: Amount declared as income 2008 21,429 2009 42,857 2010 42,857 2011 42,857 150,00

0 1,425,0

00Total 1,440,0

00

EXERCISE 3-3.2:

1. ANSWER: A

Rent (2,000 x 12) 24,000

Leasehold improvement 1,000,000

Income using outright method 1,024,000

2. ANSWER: C

Rent (2,000 x 12) 24,000

Leasehold improvement: Cost 1,000,

000 Depreciation for 9 years (1,000,000/20 x 9)

450,0 00

Book value, end of lease 550,000

Annual income (550,000/ 9 61,111

years)Income under spread-out method 85,111

3. ANSWER: C

Annual income reportable 61,111

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 2010 but not his income from January to February 28, 2011.

EXERCISE 3–3.3:

ANSWER: B

Rent income 36,000

Income on leasehold improvement: Cost of improvement 600,00

0 Less: Depreciation for 15 years (600,000/30 x 15)

300,000

Book value, end of lease 300,000

Divide by remaining term of lease (years)

1 5

20,000

Annual income to be reported 56,000

EXERCISE 3–3.4

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 P 2,000,00

0Less: Depreciation for 8 years(P2,000,000/50 x 8)

320,00 0

Book value, end of lease 1,680,000

Rent income P 10,000

Income from leasehold improvement (P1,680,000 / 8)

210,000

Total income using spread-out method 220,000

3. ANSWER: D

EXERCISE 3–4.1:

1. ANSWER: D

Value of promissory note P 120,000

Less: Discount (P120,000 x 20%) 24,000Taxable income, 2007 96,000

2. ANSWER: D

Discount 24,000

Less: Income to be reported in 2008 (24,000 x 50%)

12,000

Taxable income, 2009 12,000

EXERCISE 3–4.2:

1. ANSWER: C

Value of promissory note P 50,000

Less: Discount (P50,000 x 25%) 12,500Taxable income, 2008 37,500

2. ANSWER: B

Value of promissory note P 50,000

Less: Amount already declared as income

37,500

Taxable income, 2009 12,500

EXERCISE 3–4.3:

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 – 5. 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).

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.

10

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).

11

ANSWER: B

The money given to Lazaro is a remuneratory donation. It is deemed an income, subject to income tax.

12

ANSWER: C

Tips 5,0

00Liability condoned after rendering service 25,000Taxable income 30,000

13

ANSWER: A

Selling price (115 x 200) 23,000Less: Cost (100 x 200) 20,000Gain on sale 3,000

Date Shares Cost per share

Total

Cost

1-24-2008 200 P 100

P 20,000

2-05-2008 200 110

22,000

4-12-2008 (400 x 5%) 20 -- . 420 42,000

New cost per share (42,000/420) P 100

14

ANSWER: D

Selling price (115 x 200) 23,000

Less: Cost (95.23 x 200) 19,046Gain on sale 3,954 No. of Shares Date Old

New Cost

New Cost per

Share

1-24-2008 200 210 P20,000

P 95.23

15

ANSWER: C

Market value of shares - Mina Company

120

x No. of Common shares 150 Property dividend 18,000

16

ANSWER: D

Market value of stocks dividends per share

30

Stock dividend received by Rosa (1,000 x 20%x10%)

20

Dividend income 600

17

ANSWER: A

Selling price (30 x 25) 750Less: Cost (5,000/125) x 25 1,000Loss ( 250)

Number

Amount

Shares 100

P 5,000

Dividend (100 x 25%) 25

-

Total 125

5,000

18

ANSWER: D

Sale of dividends (P60 x 40) 2,400

Less: Cost 200 (200 x P55)

11,000

20 (200 x 20%)

-- .

220 11,000

(11,000/220) x P40 2,000Gain on sale 400

19

ANSWER: A

Total sale (P400,000 + 50,000) 450,000

Less: Cost 240,000

Book value of farm equipment 35,0 00

275,000

Gain on sale 175,000

Add: Other income 12,50

0Gross income 187,50

0

EXERCISE 4–1. CROSSWORD PUZZLE

2 1 5 2 % D 3

Y T 4 W E L V E

E M

R 5 A N K & F I L E

R N

S G 6 S I S

3 7 M

C 8 L O T H I N G

0 S

EXERCISES 4-2

1.

a.

Interest on corporate bonds

- Taxable

b.

Salary - Taxable

c.

Tips - Taxable

d.

Winnings in lotto - Not taxable (expressly exempt under the law)

e.

Winnings in jueteng - Taxable (income from whatever source derived)

f. Money stolen from mother’s purse

- Taxable (income from whatever source derived)

g.

Rice subsidy of P325 per month

- Not taxable (de minimis benefit)

2.

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-the-employer rule.”

3.

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.

4.

The P1,000 of 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 excess of P200 over the P1,000 ceiling per employee is part of “Other Benefits” which maybe subject to income tax if the total other benefits exceed P30,000. Otherwise, it is exempt from income tax.

5.

The free parking, courtesy discounts, and 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 (P750-300) is part of gross 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 the University of Saint Anthony to its teachers are supposed to be treated as part of the teacher’s gross compensation income considering that the teachers are neither classified as managerial nor supervisory employees; they are still classified as rank-and-file employees.

However, since there is a condition that they should remain in the employ of the employer for at least ten years after graduation, the expenditure shall be considered as for the convenience of the employer’s trade or business.

Therefore, whether the granting of the benefit is extended through a qualifiying or competitive examination or not, it is not part of the gross compensation income of the employees.

The cost of the tuition fees are attributable to the operation and conduct of business of the employer. Therefore, the same shall be deducted from the gross income of the school.

ANSWERS TO EXERCISE 4–3

1. ANSWER: C

Fringe benefit expense 34,000

Fringe benefit tax expense 16,000Deductible expense 50,000

2. ANSWER: C

Fringe benefit expense 34,000

Divide by 68% Grossed-up monetary value 50,000

3. ANSWER: 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 4-4

1. ANSWER: B

Fees in civic club 5,000Life insurance premium 15,400Monetary value 20,400Divide by 68% Grossed-up monetary value 30,000Rate of tax 32% Fringe benefit tax 9,600

2. ANSWER: B

Fees in a civic club 5,000Life insurance premium 15,400Total 20,400Divide by 68% Grossed-up monetary value 30,000Rate of tax 32% Fringe benefit tax 9,600

3. ANSWER: B

To rank and file employees:

Christmas bonus 32,000Loan benefits [96,000 x (12%-8%) 3,840Medical allowance 16,000Uniform allowance 12,000 63,840

To the supervisor:Christmas bonus 4,000Fees in civic club 5,000Life insurance premium 15,400Uniform allowance 3,000 27,400 Fringe benefit expense 91,240Fringe benefit tax expense 9,60

0Total deductions 100,84

0

4. ANSWER: C

Rank and file:Christmas bonus (max: P 5,000 / employee p.a.)

32,000

Medical allowance (max: 150 per employee p.m.)

14,000

Uniform allowance (max: 3,000 / employee

p.a.)

12,000

Supervisor: Christmas bonus 4,000 Uniform allowance 3,000 Total de minimis benefits 65,000

5. ANSWER: A

EXERCISE: 4-5

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 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

Sikyo 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. Corporal are 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 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.

EXERCISES 4-6

1. ANSWER: C

Purchase of groceries 10,500

Divide by 68% Grossed-up monetary value 15,441

Rate of tax 32% Fringe benefit tax 4,941

2. ANSWER: A

Monthly salary 4,000

Free meals and living quarters (P1,500 + 1,000)

2,500

Monthly gross compensation income 6,500

3. ANSWER: B

Salary 4,000

4. ANSWER: D

Cost of first class ticket $ 2,500

Rate subject to fringe benefit tax 30 %

Fringe benefit 750Exchange value in Philippine currency 40 Fringe benefit subject to fringe benefit tax

30,000

Divide by 68% Grossed-up monetary value 44,117.

65Rate 32

%Fringe benefit tax 14,117.

65

5. ANSWER: D

Monetary value (P800,000/5) x 50% 80,000

Divide by 68% Grossed-up monetary value 117,64

7Rate of tax 32% Fringe benefit tax 37,647

6. ANSWER: B

Monetary value (P10,000 x 50%) 5,000

Divide by 68% Grossed-up monetary value 7,352

Rate of tax 32% Fringe benefit tax 2,353

7. ANSWER: C

Interest at benchmark rate (P100,000 x 12% x 8/12)

8,000

Less: Interest at special rate (P100,000 x 9% x 8/12)

6,000

Interest foregone/value of benefit 2,000Divide by 68% Grossed-up monetary value 2,941.1

8Rate of tax 32% Fringe benefit tax 941.18

8. ANSWER: A

Total expenses incurred 16,000

Divide by 68% Grossed-up monetary value 23,529Rate of tax 32% Fringe benefit tax 7,529

9. ANSWER: D

Salary of driver and housemaid (P4,000 + 2,000)

6,000

Membership fees and dues (P75,000/12) 6,250 Monetary value of benefit 12,250Divide by 68% Grossed-up monetary value 18,015Rate of tax 32% Fringe benefit tax 5,765

10. ANSWER: A

Fair market value (higher) 2,500,000

Divide by 68 %

Grossed-up monetary value 3,676,471

Rate of tax 32 %

Fringe benefit tax 1,176,471

11. ANSWER: D

Monetary value (P3,400 x50%) 1,700

Divide by 68% Grossed-up monetary value 2,500Rate 32% Fringe benefit tax 800Add: Monthly rental 3,400Fringe benefit to clerk 3,000Deductible expense 7,200

12. ANSWER: D

Fringe benefit to supervisory employees 170,000Divide by 68% Grossed-up monetary value 250,000Rate 32% Fringe benefit tax 80,000