Short Quiz - Income Taxation

A Filipino Citizen is a natural person who is/has

I. Born by birth with father and/or mother as Filipino Citizens

II. Born before January 17, 1973 of Filipino mother who elects Philippine citizenship upon reaching the age of majority.

III. Acquired Philippine citizenship after birth (naturalized) in accordance with Philippine laws).

• I only

• I and II only

• I and III only

• I, II and III

Individual taxpayers are

I. Natural persons with income derived within the territorial jurisdiction of a taxing authority.

II. Natural persons classified as citizens and aliens.

• I only

• II only

• I and II

• None of the above

Bu-dhoy, a Mongolian national, arrived in the Philippines on January 1, 2018 to visit his Filipina girlfriend. He planned to stay in the country until December 31, 2020, by which time he would go back to his legal wife in Mongolia. Bu-dhoy derived income during his stay here in the Philippines. For 2018 taxable year, Bu-dhoy shall be classified as a:

• Resident alien

• Non-resident alien engaged in trade or business in the Philippines

• Non-resident alien not engaged in trade or business in the Philippines

• Special alien employee

Answer explanation

He was a resident of the Philippines for the entire 2018 taxable year.

Due to his expertise, Engr. Pedro D. Magiba ( a freelancer) was hired by a foreign petroleum contractor in Thailand to provide technical assistance for two months from February to March. He was hired again for the months of June-July and October-December of the same taxable year. Engr Pablo D. Magiba is a:

• Resident Citizen

• Nonresident Citizen

• Special Filipino employee

• None of the above

Answer explanation

If Pedro was hired for two month (Feb to March), he shall be classified as RC. If he was hired only for four months (Feb to March and June to July), he shall be classified as RC. However, e was rehired again from October to December, hence, he shall be classified as NRC.

Engr. D. Magiba's employment in Thailand requires him to be physically present abroad most of the time during the taxable year (one hundred eighty-three (183) days or more).

Rihanna, an American singer, was engaged to sing for one week at the Western Philippine Plaza after which she returned to USA. For income tax purposes, she shall be classified as:

• Resident alien

• Nonresident alien engaged in trade or business

• Nonresident alien not engaged in trade or business

• Resident citizen

Answer explanation

Alien + Definite stay + promptly accomplished = NRANETB

It is important to know the source of income for income tax purposes (i.e. from within and without the Philippines) because:

• Some individuals and corporate taxpayers are taxable based on their worldwide income while others are taxable only on their income from sources within the Philippines

• The Philippines imposes income tax only on income from sources within

• Some individual taxpayers are citizens while other are aliens

• Export sales are not subject to income tax

Answer explanation

RCs and DCs = taxable on their income within and without the Philippines

NRCs, RAs, NRAs, RFCs, NRFCs = taxable only on their income within the Philippines

Individual taxpayers are subject to the following income tax:

I. Basic tax based on graduated tax table

II. Final withholding tax on passive income derived from sources within the Philippine

III. Capital gains tax

IV. Stock transaction tax of 6/10 of 1% of gross selling price

• I and II only

• I and III only

• I, II and III only

• Al of the above

Answer explanation

The Stock Transaction Tax is not an income tax but a business tax (other percentage tax) under Sec. 127(A) NIRC, as amended.

The following taxpayers who received a dividend income from a domestic corporation will receive net of 10% final withholding tax, except:

• Resident citizen

• Non-resident citizen

• Resident alien

• Non-resident alien engaged in trade or business

Answer explanation

Which of the following sale transactions will be subject to capital gains tax?

• Sale of shares of stock by a dealer in securities

• Sale of shares of stock during an Initial Public Offering

• Sale of shares of stock not through the local stock exchange by a person who is not a dealer in securities

• Sale of share of stock through the local stock exchange by a person who is not a dealer in securities

Which of the following statements is true?

• Interest income from a foreign currency depository unit in the Philippines of a non-resident alien is not subject to final tax

• Prizes exceeding P10,000 derived by non-resident alien not engaged in trade or business here in the Philippines is subject to a final tax of 20%

• Share in earnings received by non-resident alien from a domestic partnership is subject to basic tax

• All of the above

Answer explanation

The 15% FWT on interest income derived from a foreign currency bank deposit under FCDS or FDCU (previously 7 1/2%) is applicable only to "resident" taxpayers. All "nonresident" taxpayers are exempt from such tax.

Prizes (regardless of amount) received by NRAs-NETB are subject to 25% FWT

Share in income derived from domestic partnership is generally treated as "dividend income" subject to FWT