RR 2-40 Income Tax

Copyright 2014 CD Technologies Asia, Inc. and Accesslaw, Inc. Philippine Taxation Encyclopedia 2013 1

(1)

February 10, 1940

REVENUE REGULATIONS NO. 02-40

INCOME TAX REGULATIONS

SECTION 1. Scope. — In accordance with the provisions of Sections 4

(I) and 338 of Commonwealth Act No. 466, otherwise known as the National Internal

Revenue Code, the following regulations affecting Sections 19 to 84 of the same Code

relating to the income tax are hereby promulgated to supersede all circulars,

precedents, rulings, and regulations heretofore published on the same subject, and

they shall be known as Revenue Regulations No. 2, or the Income Tax Regulations:

(Only the section numbers of the Code are given below as their texts will be

found in the same Code. They serve as captions of the pertinent provisions of the

Regulations.)

(Section 20 of the Code)

SECTION 2. Application of title. — Section 20 provides that the

provisions of Title II of the National Internal Revenue Code shall apply only to

income received from January 1, 1939.


SECTION 3. Persons considered citizens of the Philippines. — The

following shall be considered citizens of the Philippines:

(1) Those who were citizens of the Philippines at the time of the adoption of

the Constitution of the Philippines.

(2) Those born in the Philippines of foreign parents who, before the adoption

of the Constitution, had been elected to public office in the Philippines.


(3) Those whose fathers are citizens of the Philippines.

(4) Those whose mothers are citizens of the Philippines and, upon reaching

the age of majority, elect Philippine citizenship.

(5) Those who are naturalized in accordance with law. (Sec. 1, Article IV,

Constitution of the Philippines.)

Philippine citizenship may be lost or reacquired in the manner provided by law.

A foreigner who has come to reside in the Philippines and has filed his petition to

acquire Philippine citizenship but has not yet received the requisite naturalization

certificate still remains an alien.

SECTION 4. Tax on citizens and residents. — Section 21 imposes

progressive rates of income taxes on citizens and residents, starting from 3 per cent

upon the amount by which the net income does not exceed P2,000 and rising

gradually to 60 per cent upon the amount by which the net income exceeds P500,000.

(Conforms with amendments by R.A. 2343, effective June 20, 1959.)

The following is a table, showing the rates of income tax under Section 21, as

amended by Section 1 of R.A. No. 2343, applicable to income received from Jan. 1,

1959 and for fiscal periods ending after June 30, 1959:

1 2 3 4 5 6

Exceeding Not Bracket Rate Tax on Each Cumulative

Exceeding of Tax Bracket Amount of Tax

P - P2,000 2,000 3% P60 P60

2,000 4,000 2,000 6% 120 180

4,000 6,000 2,000 9% 180 360

6,000 8,000 2,000 16% 320 680

8,000 10,000 2,000 20% 400 1,080

10,000 20,000 10,000 24% 2,400 3,480

20,000 30,000 10,000 30% 3,000 6,480

30,000 40,000 10,000 36% 3,600 10,080

40,000 50,000 10,000 40% 4,000 14,080

50,000 60,000 10,000 42% 4,200 18,280

60,000 70,000 10,000 44% 4,400 22,680

70,000 80,000 10,000 46% 4,600 27,280

80,000 90,000 10,000 48% 4,800 32,080

90,000 100,000 10,000 50% 5,000 37,080


100,000 120,000 20,000 52% 10,400 47,480

120,000 140,000 20,000 53% 10,600 58,080

140,000 160,000 20,000 54% 10,800 68,880

160,000 200,000 40,000 55% 22,000 90,880

200,000 250,000 50,000 56% 28,000 118,880

250,000 300,000 50,000 57% 28,500 147,380

300,000 400,000 100,000 58% 58,000 205,380

400,000 500,000 100,000 59% 59,000 264,380

500,000 - - 60% - -

Note: Taxable income is arrived at after deducting personal and additional

exemptions to which taxpayer is entitled. IcEaST


SECTION 5. Definition. — A "non-resident alien individual" means an

individual —

(a) Whose residence is not within the Philippines; and

(b) Who is not a citizen of the Philippines.

An alien actually present in the Philippines who is not a mere transient or

sojourner is a resident of the Philippines for purposes of the income tax. Whether he is

a transient or not is determined by his intentions with regard to the length and nature

of his stay. A mere floating intention indefinite as to time, to return to another country

is not sufficient to constitute him a transient. If he lives in the Philippines and has no

definite intention as to his stay, he is a resident. One who comes to the Philippines for

a definite purpose which in its nature may be promptly accomplished is a transient.

But if his purpose is of such a nature that an extended stay may be necessary for its

accomplishment, and to that end the alien makes his home temporarily in the

Philippines, he becomes a resident, though it may be his intention at all times to return

to his domicile abroad when the purpose for which he came has been consummated or

abandoned.

SECTION 6. Loss of residence by alien. — An alien who has acquired

residence in the Philippines retains his status as a resident until he abandons the same

and actually departs from the Philippines. An intention to change his residence does

not change his status as a resident alien to that of a nonresident alien. Thus an alien

who has acquired a residence in the Philippines is taxable as a resident for the


remainder of his stay in the Philippines.

SECTION 7. Taxation of aliens in general. — For purposes of income

tax, alien individuals are divided generally into two classes, namely, resident aliens

and non-resident aliens. Resident aliens are taxable in the same manner as citizens of

the Philippines, that is, a resident alien is taxable on income derived from all sources

including sources without the Philippines. Non-resident aliens are taxable only on

income from sources within the Philippines.

SECTION 8. Taxation of non-resident aliens; classification. —

Non-resident alien individuals are divided into two classes: (1) Those engaged in trade

or business within the Philippines, and (2) those not engaged in trade or business

within the Philippines. Non-resident aliens falling within the first class are subject to

the graduated rates established in Section 21 with respect to their net income from

sources within the Philippines. Non-resident aliens falling within the second class are

subject to a flat rate of 20 per cent on their total income from sources within the

Philippines, if such total income does not exceed P23,800, otherwise, the graduated

rates established in Section 21 will apply to the total income if it exceeds P23,800.

(Conforms with amendments by R.A. 2343, effective June 20, 1959.)

The phrase "engaged in trade or business within the Philippines" includes the

performance of personal services within the Philippines. Whether a non-resident alien

has an "office or place of business," however, implies a place for the regular

transaction of business and does not include a place where casual or incidental

transactions might be, or are, effected. Neither the beneficiary nor the grantor of a

trust, whether revocable or irrevocable, is deemed to be engaged in trade or business

in the Philippines or to have an office or place of business therein, merely because the

trustee is engaged in trade or business in the Philippines or has an office or place of

business therein. (Test of "office or place of business" was deleted by R.A. 2343.)


SECTION 9. Personal exemption. — Personal exemption is an arbitrary

amount allowed for personal, living, or family expenses of the taxpayer. It is allowed

to citizens of the Philippines, to resident aliens, and to non-resident aliens in certain

cases. The procedure of arriving at the tax due after giving effect to the exemptions

allowable is set forth in Section 4 of these regulations. EHcaDT

SECTION 10. Personal exemption of single individuals. — A single


individual is entitled to a personal exemption of P1,800.

SECTION 11. Personal exemption of married persons and heads of family.

— A married person is entitled to a personal exemption of P3,000. Only one

exemption of P3,000 is allowed with respect to the aggregate income of both husband

and wife. (Conforms with amendments by R.A. 2343, effective June 20, 1959.)

A head of family is an individual who actually supports and maintains in one

household one or more individuals, who are closely connected with him by blood

relationship, relationship by marriage, or by adoption, and whose right to exercise

family control and provide for these dependent individuals is based upon some moral

or legal obligation. In the absence of continuous actual residence together, whether or

not a person with dependent relatives is a head of a family within the meaning of the

statute must depend on the character of the separation. If a father is absent on

business, or a child or other dependent is away at school or on a visit, the common

home being still maintained, the additional exemption applies. If, moreover, through

force of circumstances a parent is obliged to maintain his dependent children with

relatives or in a boarding house while he lives elsewhere, the additional exemption

may still apply. If, however, without necessity, the dependent continuously makes his

home elsewhere, his benefactor is not the head of a family, irrespective of the question

of support. A resident alien with children abroad is not thereby entitled to credit as

the head of a family. Chief support means principal or main support. Partial support

not amounting to chief support will not entitle the taxpayer to claim exemption as a

head of a family.

Under the law the following persons are entitled to P3,000 exemption: (a) a

married man; (b) a married woman; and (c) an unmarried man or woman with one or

both parents, or one or more brothers or sisters, or one or more legitimate, recognized

natural, or adopted children living with and dependent upon him or her for their chief

support, where such brothers, sisters, or children are not more than 23 years of age,

unmarried and not gainfully employed or where such children are incapable of

self-support because mentally or physically defective. (Conforms with amendments by

R.A. 2343, effv. June 20, 1959.)

SECTION 12. Additional exemption for dependents. — The taxpayer is

entitled to an additional exemption of P1,000 for each legitimate, recognized natural,

or adopted child wholly dependent upon and living with such person, if such

dependent is not more than 23 years of age, unmarried and not gainfully employed or

incapable of self-support because mentally or physically defective, provided that the


person claiming additional exemption is a head of family. The children with respect to

whom additional exemption is claimed must be wholly dependent upon the taxpayer

for support. (Conforms with amendments by R A. 2343, effv. June 20, 1959.)

SECTION 13. Change of status. — If the status of the taxpayer, insofar as

it affects the personal and additional exemptions, changes during the taxable year by

reason of his death, the amount of the personal and additional exemptions shall be

apportioned, in accordance with the number of months before and after such change.

For the purpose of such apportionment, a fractional part of a month shall be

disregarded unless it amounts to more than half a month in which case it shall be

considered as one month. (Conforms with amendment by R.A. 590, effv. Sept. 22,

1950.)

SECTION 14. Personal exemption of non-resident aliens. — A

non-resident alien is entitled to a personal exemption in an amount equal to the

exemptions allowed by the income tax law in the country of which he is a citizen or

subject to citizens of the Philippines. The exemption allowed to non-resident aliens is

a reciprocal one; that is, it is only allowed if the country of said non-resident aliens

allows similar exemptions to Filipinos not residing in such country but deriving

income from sources therein. If the country of which the non-resident alien is a citizen

or subject does not have any income tax law, such non-resident alien will not be

entitled to personal exemption.


SECTION 15. Income tax on corporations. — The law imposes an annual

income tax of 22 per centum upon that portion of the net income of every corporation

not in excess of P100,000 and 30 per cent on the excess. The term "corporation"

includes partnership no matter how created or organized, joint-stock companies,

joint-account (cuentas en participacion), association, or insurance companies but does

not include duly registered general co-partnership (companias colectivas). The tax is

upon net income, which is undetermined by subtracting from the gross income, as

defined in the law, the allowable deductions. (Conforms with amendments by R.A.

2343, effv. June 20, 1959.)

SECTION 16. Corporations liable to tax. — Every corporation, domestic

or foreign, not otherwise exempt from tax under Title II or any other law, is liable to

tax. A domestic corporation is taxed on its income from sources within and without

the Philippines, but a foreign corporation is taxed only on its income form sources


within the Philippines.

The tax imposed by law on corporations is not imposed only upon such

corporations as are organized and operated for profit. Any corporation, firm or

association, no matter how created or organized, or what the purpose of its

organization may be, is subject to the tax, except as provided in Section 27, relative to

exemptions from tax on corporations. A corporation is not exempt simply and only

because it is primarily not organized and operated for profit.

SECTION 17. Dividends received by a corporation from a domestic

corporation. — Dividends received by a domestic or resident foreign corporation

from a domestic corporation subject to tax are taxable only to the extent of 25 per cent

thereof. All other classes of income (except net capital gains, Section 34) of

corporations are taxable in full. Likewise dividends from a foreign corporation,

whether resident or non-resident, are taxable in full. (See Sections 250 to 256 of these

regulations relative to taxation of dividends and other distributions.)

SECTION 17-A. Tax on life insurance companies. — Every life insurance

company organized in or existing under the laws of the Philippines, or foreign life

insurance company authorized to carry on business in the Philippines are taxable on

their total net investment income derived from interest, dividends and rents from all

sources whether within or without the Philippines, to the flat rate of 6-1/2%.

However, purely cooperative insurance companies or associations which are

conducted by the members thereof with the money collected from among themselves

and solely for their own protection and not for profit are exempt from income tax.

The total net investment income of domestic life insurance companies means

the gross investment income received during the taxable year from rents, dividends

and interest less deductions for real estate expenses, depreciation, interest paid within

the taxable year on its indebtedness except on indebtedness incurred to purchase or

carry obligation the interest upon which is wholly exempt from taxation under existing

laws, and such investment expenses paid during the taxable year as are ordinary and

necessary in the conduct of its investment. The total net investment income of foreign

life insurance companies doing business here is that portion of their gross world

investment income which bears the same ratio to such income as their total

Philippines reserve (whether kept in the Philippines or abroad) bears to their total

world reserve less that portion of their total world investment expenses which bears

the same ratio to such expenses as their total Philippine investment income bears to

their total world investment income. The following equation simplifies this formula:


PGI = PR/WR x WGI

PIE = PGI/WGI x WIE

PGI - PIE = PNI

Legend:

PGI is Philippine Gross Investment Income

PNI is Philippine Net Investment Income

PR is Total Philippine Reserve

WR is Total World Reserve

WGI is World Gross Investment Income

PGI is Philippine Gross Investment Income

WIE is Total World Investment Expenses

PIE is Philippine Investment Expense

In both cases, the deductible expenses must be connected with the investment

income subjected to tax. For the proper determination of the income tax liability of

resident foreign life insurance companies, they should submit the necessary financial

statement reflecting the nature of the investment income and corresponding expenses.

These financial statements must be duly certified by an independent certified public

accountant and authenticated by a Philippine consular official. STcHDC

Foreign life insurance companies not doing business in the Philippines are

subject to the normal income tax on their income received from sources within the

Philippines. They are subject to tax at the rate of 30% like any other foreign

corporation.

Domestic life insurance companies and foreign life insurance companies doing

business in the Philippines are not allowed to deduct from their gross income the net

additions, if any, required by law to be made within the year to reserve funds and the

sums other than dividends paid within the year on policy and annuity contracts.

(Proposed by the BIR. If adopted, this will supersede Sec. 124 of existing


regulations.)


SECTION 18. Taxation of corporation formed or utilized for avoidance of

tax. — Section 25 imposes for each year, in addition to the tax imposed by Section 24

a tax of 25 per cent on the undistributed portion of the profits or surplus of a

corporation which is formed or availed of for the purpose of preventing the imposition

of the tax upon its shareholders or members or the shareholders or members of any

other corporation through the medium of permitting gains or profits to accumulate

instead of dividing or distributing them. However, banks, insurance companies,

personal holding companies and foreign personal holding companies as defined in

Chapter VIII, are excepted from taxation under Section 25. The tax imposed by

Section 25 applies whether the avoidance was accomplished through the formation or

use of only one corporation or a chain of corporations. For example, if the capital

stock of the M Corporation is held by the N Corporation so that the dividend

distributions of the M Corporation would not be returned as income subject to the tax

on individuals until distributed in turn by the N Corporation to its individual

shareholders, nevertheless the tax imposed by Section 25 applies to the M

Corporation, if that corporation is formed or availed of for the purpose of preventing

the imposition of the tax upon the individual shareholders of the N Corporation. A

foreign corporation, whether resident or non-resident, is subject to the tax provided

for under Section 25 in the same manner and under the same circumstances as a

domestic corporation.

SECTION 19. Purpose to avoid tax; evidence; burden of proof; definitions

of holding or investment company. — The Collector of Internal Revenue's

determination that a corporation was formed or availed of for the purpose of avoiding

the tax on its shareholders or members is subject to disproof by competent evidence.

The existence or non-existence of the purpose may be indicated by circumstances

other than the evidence specified in Section 25(b), and whether or not such purpose

was present depends upon the particular circumstances of each case. In other words, a

corporation is subject to taxation under Section 25 if it is formed or availed of for the

purpose of preventing the imposition of the progressive rates of tax upon shareholders

through the medium of permitting earnings or profits to accumulate, even though the

corporation is not a mere holding or investment company 50 per cent or more of the

outstanding stock of which is owned directly or indirectly by one person, and does not

have an unreasonable accumulation of earnings or profits; and on the other hand, the

fact that a corporation is such a company or has an accumulation is not absolutely


conclusive against it if, by clear and convincing evidence, the taxpayer satisfies the

Commissioner of Internal Revenue that the corporation was neither formed nor

availed of for the purpose of avoiding the tax on individuals. All the other

circumstances which might be construed as evidence of the purpose to avoid the tax

on shareholders cannot be outlined, but among other things the following will be

considered: (1) Dealings between the corporation and its shareholders, such as

withdrawal by the shareholders as personal loans or the expenditure of funds by

corporation for the personal benefit of the shareholders, and (2) the investment by the

corporation of undistributed earnings in assets having no reasonable connection with

the business. The mere fact that the corporation distributed a large part of its earnings

for the year in question does not necessarily prove that earnings were not permitted to

accumulate beyond reasonable needs or that the corporation was not formed or availed

of to avoid the tax upon shareholders.

If the Commissioner of Internal Revenue determined that the corporation was

formed or availed of for the purpose of avoiding the progressive rates of tax on

individuals through the medium of permitting earnings or profits to accumulate, and

the taxpayer contests such determination of fact by litigation, the burden of proving

the determination wrong by a preponderance of evidence, together with the

corresponding burden of first going forward with evidence, is on the taxpayer under

principles applicable to income tax cases generally, and this is so even though the

corporation is not a mere holding or investment company and does not have an

unreasonable accumulation of earnings or profits. However, if the corporation is a

mere holding or investment company, then the law gives further weight to the

presumption of correctness already arising from the Commissioner of Internal

Revenue's determination by expressly providing an additional presumption of the

existence of a purpose to avoid the tax upon shareholders, while if earnings or profits

are permitted to accumulate beyond the reasonable needs of the business then the law

adds still more weight to the Commissioner of Internal Revenue's determination by

providing that irrespective of whether or not the corporation is a mere holding or

investment company, the existence of such an accumulation is determinative of the

purpose to avoid the tax upon shareholders unless the taxpayer proves the contrary by

such a clear preponderance of all the evidence that the absence of such a purpose is

unmistakable.

SECTION 20. Holding and investment companies. — A corporation

having practically no activities except holding property, and collecting the income

therefrom or investing therein, shall be considered a holding company within the

meaning of Section 25. If the activities further include, or consist substantially of,


buying and selling stocks, securities, real estate, or other investment property (whether

upon an outright or a marginal basis) so that the income is derived not only from the

investment yield but also from profits upon market fluctuations, the corporation shall

be considered an investment company within the meaning of Section 25.

SECTION 21. Unreasonable accumulation of profits. — An accumulation

of earnings or profits (including the undistributed earnings or profits of prior years) is

unreasonable if it is not required for the purposes of the business, considering all the

circumstances of the case. It is not intended, however, to prevent accumulations of

surplus for the reasonable needs of the business if the purpose is not to prevent the

imposition of the tax upon shareholders. No attempt is here made to enumerate all the

ways in which earnings or profits of a corporation may be accumulated for the

reasonable needs of the business. Undistributed income is properly accumulated if

retained for working capital needed by the business; or if invested in additions to plant

reasonably required by the business; or if in accordance with contract obligations

placed to the credit of a sinking fund for the purpose of retiring bonds issued by the

corporation. The nature of the investment of earnings or profits is immaterial if they

are not in fact needed in the business. Among other things, the nature of the business,

the financial condition of the corporation at the close of the taxable year, and the use

of the undistributed earnings or profits will be considered in determining the

reasonableness of the accumulations.

The business of a corporation is not merely that which it has previously carried

on, but includes in general any line of business which it may undertake. However, a

radical change of business when a considerable surplus has been accumulated may

afford evidence of a purpose to avoid the tax. If one corporation owns the stock of

another corporation in the same or a related line of business and in effect operates the

other corporation, the business of the latter may be considered in substance although

not in legal form the business of the first corporation. Earnings or profits of the first

corporation put into the second through the purchase of stock or otherwise may,

therefore, if a subsidiary relationship is established, constitute employment of the

income in its own business. Investment by a corporation of its income in stock and

securities of another corporation is not of itself to be regarded as employment of the

income in its business. The business of one corporation may not be regarded as

including the business of another unless the other corporation is a mere

instrumentality of the first; to establish this it is ordinarily essential that the first

corporation own all or substantially all of the stock of the second.

The Commissioner of Internal Revenue may require any corporation to furnish


a statement of its accumulated earnings and profits, the name and address of, and

number of share held by each of its shareholders or members, and the amounts that

would be payable to each, if the income of the corporation were distributed.


SECTION 22. General co-partnerships. — General co-partnerships, when

duly registered, are not subject to income tax, but are required to file returns of their

income on B.I.R. Form No. 17.04 for the purpose of furnishing information as to the

share in the gains or profits which each partner shall include in his individual return.

Individuals carrying on business in general co-partnership are, however, taxable upon

their distributive shares of the net income of such partnership, whether distributed or

not, and are required to include such distributive shares in their individual returns. The

returns of duly registered general co-partnerships should be rendered on or before

April 15 of each year or within sixty days after the end of their fiscal year depending

on whether their books are kept on the calendar or on the fiscal year basis. (Conforms

with amendments by R.A. 2343, effv. June 20, 1959.)

SECTION 23. Distributive shares of partners. — The distributive share of

the net profit of a general co-partnership must be included in the individual returns of

the partners. But where the result of partnership operation is a loss, the loss will be

divisible by the partners in the same proportion as the net income would have been

divisible (or, if the partnership agreement provides for the division of a loss in a

manner different from the division of a gain, in the manner so provided) and may be

taken by the individual partners in their respective returns of income.


SECTION 24. Proof of exemption. — In order to establish its exemption,

and thus be relieved of the duty of filing returns of income and paying the tax, it is

necessary that every organization claiming exemption file an affidavit with the

Commissioner of Internal Revenue, showing the character of the organization, the

purpose for which it was organized, its actual activities, the sources of its income and

its disposition, whether or not any of its income is credited to surplus or inures or may

inure to the benefit of any private shareholder or individual, and in general, all facts

relating to its operations which affect its right to exemption. To such affidavit should

be attached a copy of the charter or articles of incorporation, the by-laws of the

organization, and the latest financial statement showing the assets, liabilities, receipts,

and disbursement of the organization.


Upon receipt of the affidavit and other papers by the Commissioner of Internal

Revenue, the organization will be informed whether or not it is exempt. When an

organization has established its right to exemption, it need not thereafter make and file

a return of income as required under Section 46 of the Tax Code. However, the

organization should file on or before April 15 of each year, an annual information

return under oath, stating its gross income and expenses incurred during the preceding

year, and a certificate showing that there has not been any substantial change in its

By-Laws, Articles of Incorporation, manner of operation and activities as well as

sources and disposition of income. (As amended by Revenue Regulations No. 7-64,

approved November 25, 1964.)

SECTION 25. Agricultural and horticultural organizations. — The

organizations contemplated by subsection (a) of Section 27 of the Code as entitled to

exemption from income taxation are those which (1) have no net income inuring to

the benefit of any member; (2) are educational or instructive in character; and (3) have

as their objects the betterment of the conditions of those engaged in such pursuits, the

improvement of the grade of their products, and the development of a higher degree of

efficiency in their respective occupations. Organizations such as provincial fairs and

like associations of a quasi-public character, which are designed to encourage the

development of better agricultural and horticultural products through a system of

awards, prizes, or premiums, and whose income derived from gate receipts, entry fees,

donations, etc., is used exclusively to meet the necessary expenses of upkeep and

operation, are thus exempt. On the other hand, associations which have for their

purpose, for example, the holding of periodical race meets, the profits from which

may inure to the benefit of their shareholders, are not exempt. Similarly, corporations

engaged in growing agricultural or horticultural products or raising live stock or

similar products for profits are not exempt from tax under this paragraph. ITScHa

SECTION 26. Mutual savings bank. — In order that a corporation may be

entitled to exemption as a mutual savings bank, it must appear that it is an

organization (1) which has no capital stock represented by shares, and (2) whose

earnings less only the expenses of operation, are distributable wholly among the

depositors. If it appears that the organization has shareholders who participate in the

profits, the organization will not be exempt from income tax.

SECTION 27. Fraternal beneficiary societies. — A fraternal beneficiary

society is exempt from tax only if operated under the "lodge system", or for the

exclusive benefit of the members of a society so operating. "Operating under the lodge

system" means carrying on its activities under a form of organization that comprises


local branches, chartered by a parent organization and largely self-governing, called

lodges, chapters, or the like. In order to be exempt, it is also necessary that the society

should have an established system for payment to its members or their dependents of

life, sick, accident, or other benefits.

SECTION 28. Building and loan associations. — (Now subject to tax, as

amended by Sec. 4, R.A. 82.)

SECTION 29. Cemetery companies. — A cemetery company may be

entitled to exemption, (1) if it is owned by and operated exclusively for the benefit of

its lot owners, or (2) if it is not operated for profit. Any cemetery corporation

chartered solely for burial purposes and not permitted by its charter to engage in any

business not necessarily incident to that purpose, is exempt from income tax, provided

that no part of its net earnings inures to the benefit of any private shareholder or

individual. A cemetery company which fulfills the other requirement of the statute

may be exempt, even though it issues preferred stock entitling the holders to dividend

at a fixed rate, provided that its articles of incorporation require (a) that the preferred

stock shall be retired at par as soon as sufficient funds are realized from sales, and (b)

that all funds not required for the payment of dividends upon or for the retirement of

preferred stock shall be used by the company for the care and improvement of the

cemetery property.

A cemetery company having a capital stock represented by shares, or which is

operated for profit or for the benefit of persons other than its members, does not come

within the exempted class.

SECTION 30. Religious, charitable, scientific, athletic, cultural, and

educational corporations. — A corporation falling among those enumerated in

subsection (e) of Section 27 is exempt from tax on its income (other than income of

whatever kind and character from its properties, real or personal) if such corporation

meets two tests: (a) It must be organized and operated for one or more of the specified

purposes; and (b) no part of its net income must inure to the benefit of private

stockholders or individuals.

The income of such corporation which is considered as income from their

properties, real or personal, generally consists of income from corporate dividends,

rentals received from their properties, interests received from such capital loaned to

other persons, income from agricultural lands owned by such corporations, profits

from the sale of property, real or personal, and other similar income.


Income not derived from their properties, real or personal, are exempt. For

example, in the case of a religious corporation, income from the conduct of strictly

religious activities, such as fees received for administering baptismals, solemnizing

marriages, attending burials, holding masses, and other like income, is exempt. In the

case of an educational corporation, income from the holding of an educational fair or

exhibit is exempt. However, if such exempt income is invested by the corporation, the

income from such investment, as interests from the capital where the capital has been

loaned or dividends on stock where the capital has been invested in shares of stock,

will constitute taxable income. Donations and other similar contributions received by

such corporation from other persons are exempt.

The clause "except income expressly exempt by this Title" appearing in

subsection (e) of Section 27 refers to those classes of income which, in accordance

with subsection (b) of Section 29, are exempt from taxation under Title II.

Charitable corporations include an association for the relief of the families of

clergymen, even though the latter make a contribution to the fund established for this

purpose; or for furnishing the services of trained nurses to persons unable to pay for

them; or for aiding the general body of litigants by improving the efficient

administration of justice. Educational corporations may include associations whose

sole purpose is the instruction of the public. But associations formed to disseminate

controversial or partisan propaganda are not educational within the meaning of the

law. Scientific corporations include an association for the scientific study of law with

a view to improving its administration.

It does not prevent exemption that private individuals, for whose benefit a

charity is organized, receive the income of the corporation or association. The law

refers to individuals having a personal and private interest in the activities of the

corporation, such as stockholders. If, however, a corporation issues "voting shares",

which entitle the holders upon the dissolution of the corporation to receive the

proceeds of its property, including accumulated income, the right to exemption ceases

to exist, even though the by-laws provide that the shareholders shall not receive any

dividend or other return upon their shares.

SECTION 31. Business leagues. — A business league is an association of

persons having some common business interest, which limits its activities to work for

such common interest and does not engage in a regular business of a kind ordinarily

carried on for profit. Its work need not be similar to that of a chamber of commerce or

board of trade. If it engages in a regular business of a kind ordinarily carried on for


profit, the fact that the business is conducted on a cooperative basis or produces only

sufficient income to be self-sustaining, is not ground for exemption. An association

engaged in furnishing information to prospective investors, to enable them to make

sound investments, is not exempt, since its members have no common business

interest, even though all of its income is devoted to the purpose stated. A clearing

house association, not organized for profit, no part of the net income of which inures

to any private shareholder or individual, is exempt provided its activities are limited to

the exchange of checks, and similar work for the common benefit of its members. An

association of persons who are engaged in the transportation business, whether by

land or water, which is designed to promote the legitimate objects of such business,

and all of the income of which is derived from membership dues and is expended for

office expenses is exempt from tax. DSITEH

SECTION 32. Civic leagues. — Civic leagues entitled to exemption

comprise those not organized for profit but operated exclusively for purposes

beneficial to the community as a whole. In general, organizations engaged in

promoting the welfare of mankind are exempt from tax.

SECTION 33. Social clubs. — The exemption applies to practically all

social and recreation clubs which are supported by membership fees, dues, and

assessments. If a club, by reason of the comprehensive powers granted in the charter,

engages in business or in agriculture or horticulture, for profit, such club is not

organized and operated exclusively for pleasure, recreation, or social purposes, and

any profit realized from such activities is subject to tax.

SECTION 34. Mutual insurance companies and like organizations. — It is

necessary to exemption that the income of the company be derived solely from

assessments, dues, and fees collected from members. If income is received from other

sources, the corporation is not exempt. Income, however, from sources other than

those specified does not prevent exemption where its receipt is a mere incident of the

business of the company. Thus the receipt of interest upon a working bank balance, or

of the proceeds of the sale of badges, office supplies, or equipment, will not defeat the

exemption. The same is true of the receipt of interest upon Government bonds, where

they were purchased and were afterwards sold. Where, however, such bonds are

bought as a permanent investment, the receipt of the interest destroys the exemption.

The receipt of what is, in substance, an entrance fee, charged by a mutual fire

insurance company as a condition of membership, does not render the company

taxable, although this fee is called a premium. If an organization issues policies for

stipulated cash premiums, or if it requires advance deposits to cover the cost of the


insurance and maintains investments from which income is derived, it is not entitled

to exemption. On the other hand, an organization may be entitled to exemption,

although it makes advance assessment for the sole purpose of meeting future losses

and expenses, provided that the balance of such assessments remaining on hand at the

end of the year is retained to meet losses and expenses or is returned to members. An

organization of a purely local character is one whose business activities are confined

to a particular community, place, or district, irrespective, however, of political

subdivisions.

SECTION 35. Farmers' cooperative marketing and purchasing

association. — Cooperative associations, acting as sales agents for farmers or others,

in order to come within the exemption must establish that for their own account they

have no net income. Cooperative dairy companies, which are engaged in collecting

milk and disposing of it or the products thereof and distributing the proceeds, less

necessary operating expenses, among their members upon the basis of the quantity of

milk or of butter fat in the milk furnished by such members are exempt from the tax.

If the proceeds of the business are distributed in any other way than on such a

proportionate basis, the company will be subject to tax. A farmers' association is not

exempt from taxation where in accounting to farmers furnishing produce for the

proceeds of sales it deducts more than the necessary selling expenses incurred.

Cooperative associations acting as purchasing agents are not expressly exempt from

tax, but rebates made to purchasers, whether or not members of the association, in

proportion to their purchases may be excluded from gross income in computing the

net income subject to tax. Any profits made from non-members and distributed to

members in the guise of rebates are, of course, subject to tax.

Cooperative marketing associations duly incorporated under Act No. 3425,

known as the Cooperative Marketing Law are exempt from income tax. (See also R.A.

702 exempting cooperative marketing associations.)


SECTION 36. Meaning of net income. — The tax imposed by law is upon

income. In the computation of the tax, various classes of income must be considered:

(a) Income, in the broad sense, meaning all wealth which flows into the tax-payer

other than as a mere return of capital. It includes the forms of income specifically

described as gains and profits, including gains derived from the sale or other

disposition of capital assets. Income cannot be determined merely by reckoning cash

receipts, for the statute recognizes as income determining factor other items, among


which are inventories, accounts receivable, property exhaustion, and accounts payable

for expenses incurred. (b) Gross income, meaning income (in the broad sense) less

income which is by statutory provision or otherwise exempt from the tax imposed by

law. (c) Net income, meaning gross income less statutory deductions. The statutory

deductions are, in general, though not exclusively, expenditures other than capital

expenditures, connected with production of income. (d) In the case of a taxpayer other

than a corporation as defined in Section 84 (b) of the Code, net income means gross

income less exemptions. Ordinarily the net income is to be computed in accordance

with the method of accounting regularly employed in keeping the books of the

taxpayer.

SECTION 37. Computation of net income. — Net income must be

computed with respect to a fixed period. That period is twelve months ending

December 31st of every year except in the case of a corporation filing returns on a

fiscal year basis in which case net income will be computed on the basis of such fiscal

year. Items of income and of expenditures, which as gross income and deductions, are

elements in the computation of net income, need not be in the form of cash. It is

sufficient that such items may be appraised in terms of money. The time as of which

any item of gross income or any deduction is to be accounted for must be determined

in the light of the fundamental rule that the computation shall be made in such a

manner as would clearly reflect the taxpayer's income. If the method of accounting

regularly employed by him in keeping his books clearly reflects his income, it is to be

followed with respect to the time as of which items of gross income and deductions

are to be accounted for, otherwise the computation of net income shall be made in

such manner as in the opinion of the Commissioner of Internal Revenue would clearly

reflect it.

SECTION 38. Bases of computation. — Approved standard methods of

accounting will be ordinarily regarded as clearly reflecting income. A method of

accounting will not, however, be regarded as clearly reflecting income unless all items

of gross income and all deductions are treated with reasonable consistency. All items

of gross income shall be included in the gross income for the taxable year in which

they are received by the taxpayer and deductions taken accordingly, unless in order

clearly to reflect income such amounts are to be properly accounted for as of a

different period. For instance, in any case in which it is necessary to use an inventory,

no accounting in regard to purchases and sales will correctly reflect income except an

accrual method. A taxpayer is deemed to have received items of gross income which

have been credited to or set apart for him without restriction. On the other hand,

appreciation in value of property is not even an accrual of income to a taxpayer prior


to the realization of such appreciation through sale or conversion of the property. (For

methods of accounting and determination of accounting period, see Sections 166 to

169 of these regulations.)

(Section 29(a) of the Code)

SECTION 39. What gross income includes. — Gross income includes, in

general, compensation for personal and professional services, business income, profits

from sales of and dealings in property, interests, rents, dividends, and gains, profits,

and income derived from any source whatever, unless exempt from tax by law. In

general, income is the gain derived from capital, from labor, or from both combined,

provided it be understood to include profit gained through a sale or conversion of

capital assets. Profit of citizens, resident aliens, or domestic corporations derived from

sales in foreign commerce must be included in their gross income. Income may be in

the form of cash or of property. IHDCcT

For the treatment of dividends for purposes of the tax, see Sections 250 to 256

of these regulations. For the treatment of capital gains, see Sections 132 to 135 of

these regulations.

SECTION 40. Compensation for personal services. — Where no

determination of compensation is had until the completion of the services, the amount

received is ordinarily income for the taxable year of its determination, if the return is

rendered on the accrual basis; or, for the taxable year in which received, if the return

is rendered on a receipts and disbursements basis. Commissions paid salesman,

compensation for services on the basis of a percentage of profits, commissions on

insurance premiums, tips, and pensions or retiring allowances paid by private persons

or by the Government of the United States or of the Philippines (except pensions

exempt by law from tax) are income to the recipients; as are also marriage fees,

baptismal offerings, sums paid for saying masses for the dead, and other contributions

received by a clergyman, evangelists, or religious worker for services rendered.

However, so-called pensions awarded by one to whom no services have been rendered

are mere gifts or gratuities and are not taxable.

SECTION 41. Compensation paid other than in cash. — Where services

are paid for with something other than money, the fair market value of the thing taken

in payment is the amount to be included as income. If the services were rendered at a

stipulated price, in the absence of evidence to the contrary, such price will be

presumed to be the fair value of the compensation received. Compensation paid an

employee of a corporation in its stock is to be treated as if the corporation sold the


stock for its market value and paid the employee in cash. When living quarters are

furnished in addition to cash salary, the rental value of such quarters should be

reported as income.

SECTION 42. Compensation paid in promissory notes. — Promissory

notes or other evidence of indebtedness received in payment for services, and not

merely as security for such payment, constitute income to the amount of their fair

market value. A taxpayer receiving as compensation a note regarded as good for its

face value at maturity, but not bearing interest, shall treat as income as of the time of

receipt the fair discounted value of the note at that time. Thus, if it appears that such a

note is or could be discounted on a 6 per cent basis, the recipient shall include such

note in his gross income to the amount of its face value less discount computed at the

prevailing rate for such transactions.

If the payment due on a note so accounted for are met as they become due,

there should be included as income in respect of each such payment so much thereof

as represents recovery for the discount originally deducted.

SECTION 43. Gross income from business. — In the case of a

manufacturing, merchandising, or mining business, "gross income" means the total

sales, less the cost of goods sold, plus any income from investments and from

incidental or outside operations or sources. In determining the gross income,

subtractions should not be made for depreciation, depletion, selling expenses or

losses, or for items not ordinarily used in computing the cost of goods sold.

SECTION 44. Long term contracts. — Income from long-term contracts is

taxable for the period in which the income is determined, such determination

depending upon the nature and terms of the particular contract. As used herein the

term "long-term" contracts means building, installation, or construction contracts

covering a period in excess of one year. Persons whose income is derived in whole or

in par from such contracts may, as to such income, prepare their returns upon the

following bases:

(a) Gross income derived from such contracts may be reported upon the basis

of percentage of completion. In such case there should accompany the return

certificate of architects, or engineers showing the percentage of completion during the

taxable year of the entire work performed under contract. There should be deducted

from such gross income all expenditures made during the taxable year on account of

the contract, account being taken of the material and supplies on hand at the beginning

and end of the taxable period for use in connection with the work under the contract


but not yet so applied. If upon completion of a contract, it is found that the taxable net

income arising thereunder has not been clearly reflected for any year or years, the

Commissioner of Internal Revenue may permit or require an amended return.

(b) Gross income may be reported in the taxable year in which the contract is

finally completed and accepted if the taxpayer elects as a consistent practice to so treat

such income, provided such method clearly reflects the net income. If this method is

adopted there should be deducted from gross income all expenditures during the life

of the contract which are properly allocated thereto, taking into consideration any

material and supplies charged to the work under the contract but remaining on hand at

the time of the completion.

Where a taxpayer has filed his return in accordance with the method of

accounting regularly employed by him in keeping his books and such method clearly

reflects the income, he will not be required to change to either of the methods above

set forth. If a taxpayer desires to change his method of accounting in accordance with

paragraphs (a) and (b) above, a statement showing the composition of all items

appearing upon his balance sheet and used in connection with the method of

accounting formerly employed by him, should accompany his return.

SECTION 45. Gross income of farmers. — A farmer reporting on the basis

of receipts and disbursements (in which no inventory to determine profits is used)

shall include in his gross income for the taxable year (1) the amount of cash or the

value of merchandise or other property received from the sale of live stock and

produce which were raised during the taxable year or prior years, (2) the profit from

the sale of any live stock or other items which were purchased, and (3) gross income

from all other sources. The profit from the sale of live stock or other items which were

purchased is to be ascertained by deducting the cost from the sales price in the year in

which the sale occurs, except that in the case of the sale of animals purchased as draft

or work animals, or solely for breeding or dairy purposes and not for resale, the profit

shall be the amount of any excess of the sales prices over the amount representing the

difference between the cost and the depreciation theretofore sustained and allowed as

a deduction in computing net income.

In the case of a farmer reporting on the accrual basis (in which an inventory is

used to determine profits), his gross profits are ascertained by adding to the inventory

value of live stock and products on hand at the end of the year the amount received

from the sale of live stock products, and miscellaneous receipts for hire of teams,

machinery, and the like, during the year, and deducting from this sum the inventory


value of live stock and products on hand at the beginning of the year and the cost of

live stock and products purchased during the year. In such cases all live stock raised

or purchased for sale shall be included in the inventory at their proper valuation

determined in accordance with the method authorized and adopted for the purpose.

Also, live stock acquired for drafts, breeding, or dairy purposes and not for sale may

be included in the inventory, instead of being treated as capital assets subject to

depreciation, provided such practice is followed consistently by the taxpayer. In case

of the sale of any live stock included in an inventory their cost must not be taken as an

additional deduction in the return of income, as such deduction will be reflected in the

inventory.

In every case of the sale of machinery, farm equipment, or other capital assets

(which are not to be included in an inventory if one is used to determine profits) any

excess over the cost thereof less the amount of depreciation theretofore sustained and

allowed as a deduction in computing net income, shall be included as gross income.

Where farm produce is exchanged for merchandise, groceries, or the like, the market

value of the article received in exchange is to be included in gross income. Rents

received in crop shares shall be returned as of the year in which the crop shares are

reduced to money or a money equivalent. Proceeds of insurance, such as fire and

typhoon insurance on growing crops, should be included in gross income to the

amount received in cash or its equivalent for the crop injured or destroyed. If a farmer

is engaged in producing crops which take more than a year from the time of planting

to the time of gathering and disposing, the income therefrom may be computed upon

the crop basis; but in any such cases the entire cost of producing the crop must be

taken as a deduction in the year in which the gross income from the crop is realized.

EaICAD

As herein used the term "farm" embrace the farm in the ordinarily accepted

sense, and includes stock, dairy, poultry, fruit, and truck farms, also plantations,

ranches, and all land used for farming operations. All individuals, partnerships, or

corporations that cultivate, operate, or manage farms for gain or profit either as

owners, or tenants, are designated farmers. A person cultivating or operating a farm

for recreation or pleasure, the result of which is a continual loss from year to year, is

not regarded as a farmer.

SECTION 46. Sale of patents and copyrights. — A taxpayer disposing of

patents or copyrights by sale should determine the profit or loss arising therefrom by

computing the difference between the selling price and the cost. The taxable income

in the case of patents or copyrights acquired prior to March 1, 1913, should be


ascertained in accordance with the provisions of section 136 of these regulations. The

profit or loss thus ascertained should be increased or decreased, as the case may be, by

the amounts deducted on account of depreciation of such patent or copyrights since

March 1, 1913, or since the date of acquisition if subsequent thereto.

SECTION 47. Sale of goodwill. — Gain or loss from a sale of goodwill

results only when the business, or a part of it, to which the goodwill attaches is sold,

in which case the gain or loss will be determined by comparing the sale price with the

cost or other basis of the assets, including goodwill. If specific payment was not made

for goodwill acquired after March 1, 1913, there can be no deductible loss with

respect thereto, but gain may be realized from the sale of goodwill built up through

expenditures which have been currently deducted. It is immaterial that goodwill may

never have been carried on the books as an asset but the burden of proof is on the

taxpayer to establish the cost or fair market value on March 1, 1913, of the goodwill

sold.

SECTION 48. Annuities and insurance policies. — Annuities paid by

religious, charitable, and educational corporations under an annuity contract are

subject to tax to the extent that the aggregate amount of the payments to the annuitant

exceeds the amounts paid by him as consideration for the contract. An annuity

charged upon devised land is taxable to a donee-annuitant, whether paid by the

devisee out of the rents of the land or from other sources. The devisee is not required

to return as gross income the amount of rent paid to the annuitant, and he is not

entitled to deduct from his gross income any sums paid to the annuitant. Amounts

received by an insured as a return of premiums paid by him under life insurance,

endowment, or annuity contracts, such as the so-called "dividends" of a mutual

insurance company, which may be credited against the current premium, are not

subject to tax. Distributions on paid-up policies which are made out of earnings of the

insurance company subject to tax are in the nature of corporate dividends and should

be included in the taxable income of the individual, without any credit for the amount

of tax paid by the corporation at source.

SECTION 49. Improvements by lessees. — When buildings are erected or

improvements made by a lessee in pursuance of an agreement with the lessor, and

such buildings or improvements are not subject to removal by the lessee, the lessor

may at his option report the income therefrom upon either of the following bases;

(a) The lessor may report as income at the time when such buildings or

improvements are completed the fair market value of such buildings or improvements


subject to the lease.

(b) The lessor may spread over the life of the lease the estimated depreciated

value of such buildings or improvements at the termination of the lease and report as

income for each year of the lease an aliquot part thereof.

If for any other reason than a bona fide purchase from the lessee by the lessor

the lease is terminated, so that the lessor comes into possession or control of the

property prior to the time originally fixed for the termination of the lease, the lessor

receives additional income for the year in which the lease is so terminated to the

extent that the value of such buildings or improvements when he became entitled to

such possession exceeds the amount already reported as income on account of the

erection of such buildings or improvements. No appreciation in value due to causes

other than the premature termination of the lease shall be included. Conversely, if the

building or improvements are destroyed prior to the expiration of the lease, the lessor

is entitled to deduct as a loss for the year when such destruction takes place the

amount previously reported as income because of the erection of such buildings or

improvements, less any salvage value subject to the lease to the extent that such loss

was not compensated for by insurance. If the buildings or improvements destroyed

were acquired prior to March 1, 1913, the deduction shall be based on the cost or the

value subject to the lease to the extent that such loss was not compensated for by

insurance.

SECTION 50. Forgiveness of indebtedness. — The cancellation and

forgiveness of indebtedness may amount to a payment of income, to a gift, or to a

capital transaction, dependent upon the circumstances. If, for example, an individual

performs services for a creditor, who, in consideration thereof cancels the debt,

income to that amount is realized by the debtor as compensation for his services. If,

however, a creditor merely desires to benefit a debtor and without any consideration

therefor cancels the debt, the amount of the debt is a gift from the creditor to the

debtor and need not be included in the latter's gross income. If a corporation to which

a stockholder is indebted forgives the debt, the transaction has the effect of the

payment of a dividend.

SECTION 51. When income is to be reported. — Gains, profits, and

income are to be included in the gross income for the taxable year in which they are

received by the taxpayer, unless they are included when they accrue to him in

accordance with the approved method of accounting followed by him. If a person sues

in one year on a pecuniary claim or for property, and money or property is recovered


on a judgment therefore in a later year, income is realized in that year, assuming that

the money or property would have been income in the earlier year if then received.

This is true of a recovery for patent infringement. Bad debts or accounts charged off

subsequent to March 1, 1913, because of the fact that they were determined to be

worthless, which are subsequently recovered, whether or not by suit, constitute

income for the year in which recovered, regardless of the date when amounts were

charged off.

SECTION 52. Income constructively received. — Income which is credited

to the account of or set apart for a taxpayer and which may be drawn upon by him at

any time is subject to tax for the year during which so credited or set apart, although

not then actually reduced to possession. To constitute receipt in such a case the

income must be credited to the taxpayer without any substantial limitation or

restriction as to the time or manner of payment or condition upon which payment is to

be made. A book entry, if made, should indicate an absolute transfer from one account

to another. If the income is not credited, but is set apart, such income must be

unqualifiedly subject to the demand of the taxpayer. Where a corporation contingently

credits its employees with bonus stock, but the stock is not available to such

employees until some future date, the mere crediting on the books of the corporation

does not constitute receipt.

SECTION 53. Examples of constructive receipt. — When interest coupons

have matured and are payable, but have not been cashed, such interest payment

though not collected when due and payable, is nevertheless available to the taxpayer

and should therefore be included in his gross income for the year during which the

coupons matured. This is true if the coupons are exchanged for other property instead

of eventually being cashed. Defaulted coupons are income for the year in which paid.

The distributive share of the profits of a partner in a general co-partnership duly

registered is regarded as received by him, although not distributed. Interest credited on

savings bank deposits, even though the bank nominally has a rule, seldom or never

enforced, that it may require so many days' notice in advance of cashing depositors'

checks, is income to the depositor when credited. An amount credited to shareholders

of a building and loan association, when such credit passes without restriction to the

shareholder, has taxable status as income for the year of the credit. When the amount

of such accumulations has not become available to the shareholder until the maturity

of a share, the amount of any share in excess of the aggregate amount paid in by the

shareholder is income for the year of maturity of the share. TaSEHC

SECTION 54. Creation of corporate sinking fund. — If a corporation in


order solely to secure payment of its bonds or other indebtedness, places property in

trust, or sets aside certain amounts in a sinking fund under the control of a trustee who

may be authorized to invest and reinvest such sums from time to time, the property or

fund thus set aside by the corporation and held by the trustee is an asset of the

corporation, and any gain arising therefrom is income of the corporation and shall be

included as such in its annual return.

SECTION 55. Acquisition or disposition by a corporation of its own

capital stock. — Whether the acquisition or disposition by a corporation of share of its

own capital stock gives rise to taxable gain or deductible loss depends upon the real

nature of the transaction, which is to be ascertained from all its facts and

circumstances. The receipt by a corporation of the subscription price of shares of its

capital stock upon their original issuance gives rise to neither taxable gain nor

deductible loss, whether the subscription or issue price be in excess of, or less than,

the par or stated value of such stock.

But if a corporation deals in its own shares as it might in the shares of another

corporation, the resulting gain or loss is to be computed in the same manner as though

the corporation were dealing in the shares of another. So also if the corporation

receives its own stock as consideration upon the sale of property by it, or in

satisfaction of indebtedness to it, the gain or loss resulting is to be computed in the

same manner as though the payment had been made in any other property. Any gain

derived from such transaction is subject to tax, and any loss sustained is allowable as

deduction where permitted by the provisions of Title II.

SECTION 56. Contributions by shareholders. — Where a corporation

requires additional funds for conducting its business and obtains such needed money

through voluntary pro rata payments by its shareholders, the amounts so received

being credited to its surplus account or to a special capital account, will not be

considered income, although there is no increase in the outstanding shares of stock of

the corporation. The payments in such circumstances are in the nature of voluntary

assessments upon, and represent an additional price paid for, in shares of stock held

by the individual shareholders, and will be treated as an addition to and as a part of the

operating capital of the company.

SECTION 57. Sale and retirement of corporate bonds. — (1) (a) If bonds

are issued by a corporation at their face value, the corporation realizes no gain or loss.

(b) If thereafter the corporation purchases and retires any of such bonds at a price in

excess of the issuing price or face value, the excess of the purchase price over the


issuing price or face value is a deductible expense for the taxable year. (c) If,

however, the corporation purchases and retires any of such bonds at a price less than

the issuing price or face value, the excess of the issuing price or face value over the

purchase price is gain or income for the taxable year.

(2) (a) If bonds are issued by a corporation at a premium, the net amount of

such premium is gain or income which should be prorated or amortized over the life

of the bond. (b) If thereafter the corporation purchases and retires any of such bonds

at a price in excess of the issuing price minus any amount of premium already

returned as income, the excess of the purchase price over the issuing price minus any

amount of premium already returned as income (or over the face value plus any

amount of premiums not yet returned as income) is a deductible expenses for the

taxable year. (c) If, however, the corporation purchases and retires any of such bonds

at a price less than the issuing price minus any amount of premium already returned as

income, the excess of the issuing price minus any amount of premium already

returned as income (or of the face value plus any amount of premium not yet returned

as income) over the purchase price is gain or income for the taxable year.

(3) (a) If bonds are issued by a corporation at a discount, the net amount of

such discount is deductible and should be prorated or amortized over the life of the

bonds. (b) If thereafter the corporation purchases and retires any of such bonds at a

price in excess of the issuing price plus any amount of discount already deducted, the

excess of the purchase price over the issuing price plus any amount of discount

already deducted (or over the face value minus any amount of discount not yet

deducted), is a deductible expense for the taxable year. (c) If, however, the

corporation purchases and retires any of such bonds at a price less than the issuing

price plus any amount of discount already deducted, the excess of the issuing price

plus any amount of discount already deducted (or of the face value minus any amount

of discount not yet deducted) over the purchase price is gain or income for the taxable

year.

SECTION 58. Income of corporation from leased property. — Where a

corporation has leased its property in consideration that the lessee shall pay in lieu of

other rental an amount equivalent to a certain rate of dividend on the lessor's capital

stock or the interest on the lessor's outstanding indebtedness, together with taxes,

insurance or other fixed charges, such payments shall be considered rental payments

and shall be returned by the lessor corporation as income, notwithstanding the fact

that the dividends and interest are paid by the lessee directly to the shareholders and

bondholders of the lessor. The fact that a corporation has conveyed or let its property


and has parted with its management and control, or has ceased to engage in the

business for which it was originally organized, will not relieve it from liability to the

tax. While the payments made by the lessee directly to the bondholders or

shareholders of the lessor are rentals as to both the lessee and lessor (rentals paid in

one case and rentals received in the other), to the bondholders and the shareholders,

such amounts are interest and dividend payments received as from the lessor and as

such shall be accounted for in their returns.

SECTION 59. Gross income of a corporation in liquidation. — When a

corporation is dissolved, its affairs are usually wound up by a receiver or trustee in

dissolution. The corporate existence is continued for the purpose of liquidating the

assets and paying the debts, and such receiver or trustee stands in the stead of the

corporation for such purposes. Any sales of property by them are to be treated as if

made by the corporation for the purpose of ascertaining the gain or loss.

SECTION 60. Gross income of foreign corporations. — The gross income

of a foreign corporation subject to tax consists of its gross income from sources within

the Philippines. Gross income from sources within the Philippines, as applied to

foreign corporations, shall include interest received on bonds, notes, or other

interest-bearing obligations issued by residents, corporate or otherwise, as well as

income derived from dividends on the capital stock or from the net earnings of

domestic or resident foreign corporations, joint stock companies, associations, or

insurance companies, dividends from other foreign corporations to the extent provided

in Section 37 of the Code, and likewise income from rentals and royalties from all

sources within the Philippines.

(Section 29(b) of the Code)

SECTION 61. Exclusions from gross income. — The term "gross income"

as used in the Act does not include those items of income exempted by statute or by

fundamental law. Such tax-free income should not be included in the income tax

return unless information regarding it is specifically called for. The exclusion of such

income should not be confused with the reduction of gross income by the application

of allowable deductions.

SECTION 62. Proceeds of insurance. — The proceeds of life-insurance

policies, paid by reason of the death of an insured to his estate or to any beneficiary

(individual, partnership, or corporation, but not a transferee for a valuable

consideration), directly or in trust, are excluded from the gross income of the

beneficiary. It is immaterial whether the proceeds are received in a single sum or in


installments. If, however, such proceeds are held by the insurer under an agreement to

pay interest thereon, the interest payments must be included in gross income. Amounts

received (other than amounts paid by reason of the death of the insured and interest

payments on such amounts) under a life insurance, endowment, or annuity contract are

excluded from gross income but, if such amounts (when added to amounts received

before the taxable year under such contract) exceed the aggregate premiums or

consideration paid (whether or not paid during the taxable year) then the excess shall

be included in gross income. However, in the case of a transfer for a valuable

consideration, by assignment or otherwise, of a life insurance, endowment, or annuity

contract, or any interest therein, only the actual value of such consideration and the

amount of the premiums and other sums subsequently paid by the transferee are

exempt from taxation.

SECTION 63. Amounts received as compensation for injuries or sickness.

— The amounts received by an insured or his estate or beneficiaries through accident

or health insurance or under workmen's compensation acts as compensation for

personal injuries or sickness are excluded from the gross income of the insured, his

estate, and other beneficiaries. Any damages recovered by suit or agreement on

account of such injuries or sickness are similarly excluded from the gross income of

the individual injured or sick, if living, or of his estate or other beneficiaries entitled to

receive such damages, if dead.

SECTION 64. Gifts and bequests. — Property received as a gift or

received under a will or testament or through legal succession, is exempt from the

income tax, although the income therefrom or income derived from its investment,

sale, or otherwise is not. An amount of principal paid under a marriage settlement is a

gift. Neither alimony nor an allowance based on a separation agreement is taxable

income.

(Section 30(a) of the Code)

SECTION 65. Business expenses. — Business expenses deductible from

gross income include the ordinary and necessary expenditures directly connected with

or pertaining to the taxpayer's trade or business. The cost of goods purchased for

resale, with proper adjustment for opening and closing inventories, is deducted from

gross sales is computing gross income. Among the items included in business

expenses are management expenses, commissions, labor, supplies, incidental repairs,

operating expenses of transportation, equipment used in the trade or business,

traveling expenses while away from home solely in the pursuit of a trade or business,


advertising and other selling expenses, together with insurance premiums against fire,

storm, theft, accident, or other similar losses in the case of a business, and rental for

the use of business property. A taxpayer is entitled to deduct the necessary expenses

paid in carrying on his business from his gross income from whatever source.

SECTION 66. Traveling expenses. — Traveling expenses as ordinarily

understood, include transportation expenses and meals and lodging. If the trip is

undertaken for other than business purposes, the transportation expenses are personal

expenses, and the meals and lodging are living expenses, and therefore, not

deductible. If the trip is solely on business, the reasonable and necessary traveling

expenses, including transportation expenses, meals and lodging, become business

instead of personal expenses.

(a) If, then, an individual, whose business requires him to travel receives a

salary as full compensation for his services, without reimbursement for traveling

expenses, or is employed on a commission basis with no expense allowance, his

traveling expenses, including the entire amount expended far meals and lodging, are

deductible from gross income.

(b) If an individual receives a salary and is also repaid his actual traveling

expenses, he shall include in gross income, the amount so repaid and may deduct such

expenses. aDcHIC

(c) If an individual receives a salary and also an allowance for meals and

lodging, as for example, a per diem allowance in lieu of subsistence, the amount of the

allowance should be included in gross income and the cost of such meals and lodging

may be deducted therefrom.

A payment for the use of a sample room at a hotel for the display of goods is a

business expense. Only such expenses as are reasonable and necessary in the conduct

of the business and directly attributable to it may be deducted. A taxpayer claiming the

benefit of the deductions referred to herein must attach to his return a statement

showing (1) the nature of the business in which he is engaged; (2) the number of days

away from home during the taxable year on account of business; (3) the total amount

of expenses incident to meals and lodging while absent from home and business

during the taxable year; (4) the total amount of other expenses incident to travel and

claimed as a deduction.

Claim for the deductions referred to herein must be substantiated, when

required by the Commissioner of Internal Revenue by record showing in detail the


amount and nature of the expenses incurred.

SECTION 67. Cost of materials. — Taxpayers carrying materials and

supplies on hand should include in expenses the charges for materials and supplies

only to the amount that they are actually consumed and used in operation during the

year for which the return is made, provided that the cost of such materials and

supplies has not been deducted in determining the net income for any previous year. If

a taxpayer carries incidental materials or supplies on hand for which no record of

consumption is kept or of which physical inventories at the beginning and end of the

year are not taken, it will be permissible for the taxpayer to include in his expenses

and deduct from gross income the total cost of such supplies and materials as were

purchased during the year for which the return is made, provided the net income is

clearly reflected by this method.

SECTION 68. Repairs. — The cost of incidental repairs which neither

materially add to the value of the property nor appreciably prolong its life, but keep it

in an ordinarily efficient operating condition, may be deducted as expense, provided

the plant or property account is not increased by the amount of such expenditure.

Repairs in the nature of replacement, to the extent that they arrest deterioration and

appreciably prolong the life of the property should be charged against the depreciation

reserves if such account is kept.

SECTION 69. Professional expenses. — A professional may claim as

deductions the cost of supplies used by him in the practice of his profession, expenses

paid in the operation and repair of transportation equipment used in making

professional calls, dues to professional societies and subscriptions to professional

journals, the rent paid for office rooms, the expenses of the fuel, light, water,

telephone, etc.; used in such offices, and the hire of office assistants. Amounts

currently expended for books, furnitures, and professional instruments and equipment,

the useful life of which is short, may be deducted. But amounts expended for books,

furniture, and professional instruments and equipment of a permanent character are

not allowable as deductions. SEHTIc

SECTION 70. Compensation for personal services. — Among the ordinary

and necessary expenses paid or incurred in carrying on any trade or business may be

included a reasonable allowance for salaries or other compensation for personal

services actually rendered. The test of deductibility in the case of compensation

payments is whether they are reasonable and are, in fact, payments purely for service.

This test and its practical application may be further stated and illustrated as follows:


(1) Any amount paid in the form of compensation, but not in fact as the

purchase price of services, is not deductible. (a) An ostensible salary paid by a

corporation may be a distribution of dividend on stock. This is likely to occur in the

case of a corporation having few shareholders, practically all of whom draw salaries.

If in such a case the salaries are in excess of those ordinarily paid for similar services,

and the excessive payment correspond or bear a close relationship to the

stockholdings of the officers or employees, it would seem likely that the salaries are

not paid wholly for services rendered, but that the excessive payments are a

distribution of earnings upon the stock. (b) An ostensible salary may be in part

payment for property. This may occur, for example, where a partnership sells out to a

corporation, the former partners agreeing to continue in the service of the corporation.

In such a case it may be found that the salaries of the former partners are not merely

for services, but in part constitute payment for the transfers of their business.

(2) The form or method of fixing compensation is not decisive as to

deductibility. While any form of contingent compensation invites scrutiny as a

possible distribution of earnings of the enterprise, it does not follow that payments on

a contingent basis are to be treated fundamentally on any basis different from that

applying to compensation at a flat rate. Generally speaking, if contingent

compensation is paid pursuant to a free bargain between the employer and the

individual made before the services are rendered, not influenced by any consideration

on the part of the employer other than that of securing on fair and advantageous terms

the services of the individual, it should be allowed as a deduction even though in the

actual working out of the contract it may prove to be greater than the amount which

would ordinarily be paid.

(3) In any event the allowance for compensation paid may not exceed what is

reasonable in all the circumstances. It is in general just to assume that reasonable and

true compensation is only such amount as would ordinarily be paid for like services by

like enterprises in like circumstances. The circumstances to be taken into

consideration are those existing at the date when the contract for services was made,

not those existing at the date when the contract is questioned.

SECTION 71. Treatment of excessive compensation. — The income tax

liability of the recipient in respect of an amount ostensibly paid to him as

compensation, but not allowed to be deducted as such by the payer, will depend upon

the circumstances of each case. Thus, in the case of excessive payments by

corporations, if such payments correspond or bear a close relationship to

stockholdings, and are found to be distribution of earnings or profits, the excessive


payments will be treated as dividend. If such payments constitute payment for

property, they should be treated by the payer as a capital expenditure and by the

recipient as part of the purchase price. HSCcTD

SECTION 72. Bonuses to employees. — Bonuses to employees will

constitute allowable deductions from gross income when such payments are made in

good faith and as additional compensation for the services actually rendered by the

employees, provided such payment, when added to the stipulated salaries, do not

exceed a reasonable compensation for the service rendered. It is immaterial whether

such bonuses are paid in cash or in kind or partly in cash and partly in kind. Donations

made to employees and others, which do not have in them the element of

compensation or are in excess of reasonable compensation for services, are not


SECTION 73. Pensions, compensation for injuries. — Amounts paid for

pensions to retired employees or to their families or others dependent upon them, or

on account of injuries received by employees, and lump-sum amounts paid or accrued

as compensation for injuries, are proper deductions as ordinary and necessary

expenses. Such deductions are limited to the amount not compensated for by

insurance or otherwise. When the amount of the salary of an officer or employee is

paid for a limited period after his death to his widow or heirs, in recognition of the

services rendered by the individual, such payments may be deducted. Salaries paid by

employers to employees who are absent in the military, naval or other service of the

Government, but who intend to return at the conclusion of such service, are allowable

deductions. (See Section 118 of these regulations, relative to pension trust.)

SECTION 74. Rentals. — Where a leasehold is acquired for business

purposes for a specified sum, the purchaser may take as a deduction in his return an

aliquot part of such sum each year, based on the number of years the lease has to run.

Taxes paid by a tenant to or for a landlord for business property are additional rent

and constitute a deductible item to the tenant and taxable income to the landlord, the

amount of the tax being deductible by the latter. The cost borne by a lessee in erecting

buildings or making permanent improvements on ground of which he is lessee is held

to be a capital investment and not deductible as a business expense. In order to return

to such taxpayer his investment of capital, an annual deduction may be made from

gross income of an amount equal to the cost of such improvements divided by the

number of years remaining of the term of lease, and such deduction shall be in lieu of

a deduction for depreciation. If the remainder of the term of lease is greater than the

probable life of the buildings erected, or of the improvements made, this deduction


shall take the form of an allowance for depreciation.

SECTION 75. Expenses of farmers. — A farmer who operates a farm for

profit is entitled to deduct from gross income as necessary expenses all amounts

actually expended in the carrying on of the business of farming. The cost of ordinary

tools of short life or small cost, such as hand tools, including shovels, rakes, etc., may

be included. The cost of feeding and raising livestock may be treated as an expense

deduction, in so far as such cost represents actual outlay, but not including the value

of farm produce grown upon the farm or the labor of the taxpayer. Where a farmer is

engaged in producing crops which take more than a year from the time of planting to

the process of gathering and disposal, expenses deducted may be determined upon the

crop basis, and such deductions must be taken in the year in which the gross income

from the crop has been realized. The cost of farm machinery, equipment, and farm

buildings represents a capital investment and is not an allowable deduction as an item

of expense. Amounts expended in the development of farms, orchards, and ranches,

prior to the time when the productive state is reached may be regarded as investments

of capital. Amounts expended in purchasing work, breeding or dairy animals are

regarded as investments of capital, and may be depreciated unless such animals are

included in an inventory in accordance with Section 149 of these regulations. The

purchase price of transportation equipment even when wholly used in carrying on

farm operations, is not deductible but is regarded as an investment of capital. The cost

of gasoline or fuel, repairs, and upkeep of the transportation equipment if used wholly

in the business of farming is deductible as an expense; if used partly for business

purposes and partly for the pleasure or convenience of the taxpayer or his family, such

cost may be apportioned according to the extent of the use for purposes of business

and pleasure or convenience, and only the proportion of such cost justly attributable to

business purposes is deductible as a necessary expense. If a farm is operated for

recreation or pleasure and not on a commercial basis, and if the expenses incurred in

connection with the farm are in excess of the receipt therefrom, the entire receipts

from the sale of products may be ignored in rendering a return of income, and the

expenses incurred, being regarded as personal expenses, will not constitute allowable

deduction.

SECTION 76. When charges are deductible. — Each year's return, so far

as practicable, both as to gross income and deductions therefrom, should be complete

in itself, and taxpayers are expected to make every reasonable effort to ascertain the

facts necessary to make a correct return. The expenses, liabilities, or deficit of one

year cannot be used to reduce the income of a subsequent year. A taxpayer has the

right to deduct all authorized allowances and it follows that if he does not within any


year deduct certain of his expenses, losses, interests, taxes, or other charges, he can

not deduct them from the income of the next or any succeeding year. If it is

recognized, however, that particularly in a going business of any magnitude there are

certain overlapping items both of income and deduction, and so long as these

overlapping items do not materially distort the income, they may be included in the

year in which the taxpayer, pursuant to a consistent policy, takes them into his

accounts. Judgments or other binding judicial adjudication, on account of damages for

patent infringement, personal injuries, or other cause, are deductible from gross

income when the claim is so adjudicated or paid, unless taken under other methods of

accounting which clearly reflect the correct deduction, less any amount of such

damages as may have been compensated for by insurance or otherwise: If subsequent

to its occurrence, however, a taxpayer first ascertains the amount of a loss sustained

during a prior taxable year which has not been deducted from gross income, he may

render an amended return for such preceding taxable year including such amount of

loss in the deduction from gross income and may in proper cases file a claim for

refund of the excess tax paid by reason of the failure to deduct such loss in the

original return. A loss from theft or embezzlement occurring in one year and

discovered in another is ordinarily deductible for the year in which sustained.

SECTION 77. Expenses allowable to non-resident aliens and foreign

corporations. — The expenses allowable to a non-resident alien or a foreign

corporation consist of only such expenses as are incurred in carrying on any business

or trade conducted within the Philippines exclusively.

(Section 30(b) of the Code)

SECTION 78. Interest. — Interest paid or accrued within the taxable year

on indebtedness may be deducted from gross income, except that interest on

indebtedness incurred or continued to purchase bonds and other securities, the interest

upon which is exempt from tax, is not deductible. Interest paid by the taxpayer on a

mortgage upon real estate of which he is the legal or equitable owner, even though the

taxpayer is not directly liable upon the bond or not secured by such mortgage, may be

deducted as interest on his indebtedness.

In the case of a non-resident alien individual or foreign corporation, the

allowable deduction will be the proportion of such interest which the amount of gross

income from sources within the Philippines bears to the amount of gross income from

all sources within and without this country; however, to avail of this deduction, such

non-resident alien individual or foreign corporation shall include in the return all the


information necessary for its calculation.

Interest paid by a corporation on scrip dividends is an allowable deduction.

So-called interest on preferred stock, which is in reality a dividend thereon, can not be

deducted in computing net income. In the case of banks and loan or trust companies,

interest paid within the year on deposits or on moneys received for investment and

secured by interest-bearing certificates of indebted issued by such hank or loan or trust

company may be deducted from gross income.

SECTION 79. Interest on capital. — Interest calculated for cost-keeping or

other purposes on account of capital or surplus invested in the business, which does

not represent a charge arising under an interest-bearing obligation, is not allowable

deduction from gross income.

(Section 30(c) of the Code)

SECTION 80. Taxes in general. — As a general rule, taxes are deductible

with the exception of those with respect to which the law does not permit deduction.

However, in the case of a non-resident alien individual and a foreign corporation,

deduction is allowed only if and to the extent that the taxes for which deduction is

claimed are connected with income from sources within the Philippines.

Import duties paid to the proper customs officers, and business, occupation,

license, privilege, excise and stamp taxes and any other taxes of every name or nature

paid directly to the Government of the Philippines or to any political subdivision

thereof, are deductible. The word "taxes" means taxes proper and no deductions

should be allowed for amounts representing interest, surcharge, or penalties incident

to delinquency. Postage is not a tax. Automobile registration fees are considered taxes.

Taxes are deductible as such only by the person upon whom they are imposed. Thus

the merchants' sales tax imposed by law upon sales is not deductible by the individual

purchaser even though the tax may be billed to him as a separate item. DHECac

In computing the net income of an individual no deduction is allowed for the

taxes imposed upon his interest as shareholder of a bank or other corporation, which

are paid by the corporation without reimbursement from the taxpayer. The amount so

paid should not be included in the income of the shareholder.

In the case of corporate bonds or other obligations containing a tax-free

covenant clause the corporation paying a tax or any part of it, for someone else

pursuant to its agreement is not entitled to deduct such payment from gross income on


any ground.

SECTION 81. Income tax imposed by the Government of the Philippines.

— The law does not permit the deduction of the income tax paid to or accrued in

favor of the Government of the Philippines, and in no case may the taxpayer avail of

such deduction.

SECTION 82. Income, war-profits, and excess-profits taxes imposed by the

authority of a foreign country. — Income, war-profits, and excess-profits taxes

imposed by the authority of a foreign country (including the United States and

possessions thereof) are allowed as deductions only if the taxpayer does not signify in

his return his desire to have to any extent the benefits of the provisions of law

allowing credits against the tax for taxes of foreign countries. In the case of a citizen

of a foreign country residing in the Philippines whose income from sources within

such foreign country is not subject to income tax, only that portion of the taxes paid to

such foreign country which corresponds to his net income subject to the Philippine

income tax shall be allowed as deduction.

SECTION 83. Estate, inheritance, and gift taxes: taxes assessed against

local benefits. — Estate, inheritance, and gift taxes are not deductible.

So-called taxes, more properly assessments, paid for local benefits, such as

street, sidewalk, and other like improvements, imposed because of and measured by

some benefit inuring directly to the property against which the assessment is levied,

do not constitute an allowable deduction from gross income. A tax is considered

assessed against local benefits when the property subject to the tax is limited to the

property benefited. Special assessments are not deductible, even though an incidental

benefit may inure to the public welfare. The taxes deductible are those levied for the

general public welfare, by the proper taxing authorities at a like rate against all

property in the territory over which such authorities have jurisdiction. When

assessments are made for the purpose of maintenance or repair of local benefits, the

taxpayer may deduct assessments paid as an expense incurred in business, if the

payment of such assessments is necessary to the conduct of his business. When the

assessments are made for the purpose of constructing local benefits, the payments by

the taxpayer are in the nature of capital expenditures and are not deductible. Where

assessments are made for the purpose of both construction and maintenance or repairs,

the burden is on the taxpayer to show the allocation of the amounts assessed to the

different purposes. If the allocation can not be made, none of the amounts so paid is

deductible.


SECTION 84. Analysis of credit for taxes: — If the taxpayer signifies in

his return his desire to claim a credit for taxes, the basis of such credit, in the case of a

citizen of the Philippines, whether resident or non-resident, and in the case of a

domestic corporation, is as follows: (a) The amount of any income, war-profits, and

excess-profits taxes paid or accrued during the taxable year to any foreign country;

and (b) an individual's proportionate share of any such taxes of which he is a partner

or of an estate or trust of which he is a beneficiary paid or accrued during the taxable

year to a foreign country if his distributive share of the income of such partnership or

trust is reported for taxation under Title II of the Code.

In the case of an alien resident of the Philippines who signifies in his return his

desire to claim a credit for such taxes the basis of the credit is as follows: (a) The

amount of any such taxes paid or accrued during the taxable year to any foreign

country if the foreign country of which such alien resident is a citizen or subject, in

imposing such taxes, allows a similar credit to citizens of the Philippines residing in

such country; and (b) his proportionate share of any such taxes of a partnership of

which he is a partner or an estate or trust of which he is a beneficiary paid or accrued

during the taxable year to any foreign country if his distributive share of the net

income of such partnership or trust is reported for taxation under Title II of the Code,

and if the foreign country of which such alien resident is a citizen or subject, in

imposing such taxes, allows a similar credit to citizens of the Philippines residing in

such country.

If a taxpayer signifies in his return his desire to claim credit for taxes, such

action will be considered to apply to income, war-profits, and excess-profits taxes

paid to all foreign countries (including the United States and possessions thereof), and

no portion of any such taxes shall be allowed as a deduction from gross income.

SECTION 85. Meaning of terms. — The "amount of any income,

war-profits, and excess-profits taxes paid or accrued during the taxable year" means

taxes proper (no credit being given for amounts representing interest or penalties) paid

or accrued during the taxable year on behalf of the taxpayer claiming credit. "Foreign

country" means any foreign state or political subdivision thereof, or any foreign

political entity, which levies and collects income, war-profits, or excess-profits taxes,

and includes the United States or any political subdivision thereof.

SECTION 86. Conditions of allowance of credits. — If the taxpayer

signifies in his return his desire to claim credit for income, war-profits, or

excess-profits taxes paid other than to the Philippines, the income tax return must be


accompanied by the appropriate form prescribed by the Commissioner of Internal

Revenue. The form must be carefully filled in with all the information there called for

and with the calculations of credits there indicated, and must be duly signed and

sworn to or affirmed. If credit is sought for taxes already paid the form must have

attached to it the receipt for each such tax payment. If credit is sought for taxes

accrued, the form must have attached to it the return on which each such accrued tax

was based. This receipt or return so attached must be either the original, a duplicate

original, a duly certified or authenticated copy, or a sworn copy. In case only a sworn

copy of a receipt or return is attached, there must be kept readily available for

comparison on request the original, a duplicate original, or a duly certified or

authenticated copy. If the receipt of the return is in a foreign language, a certified

translation thereof must be furnished by the taxpayer. Any additional information

necessary for the determination of the amount of income derived from sources without

the Philippines and from each foreign country shall, upon the request of the

Commissioner of Internal Revenue, be furnished by the taxpayer.

In the case of a credit sought for a tax accrued but not paid, the Commissioner

of Internal Revenue may in addition require as a condition precedent to the allowance

of credit a bond from the taxpayer. It shall be in such sum as the Commissioner of

Internal Revenue may prescribe, and shall be conditioned for the payment by the

taxpayer of any amount of tax found due upon any redetermination of the tax made

necessary by such credit proving incorrect, with such further conditions as the

Commissioner of Internal Revenue may require. This bond shall be executed by the

taxpayer, or the agent or representative of the taxpayer, as principal, and by sureties

satisfactory to and approved by the Commissioner of Internal Revenue. aEcADH

If it is the desire of the taxpayer to claim as a credit and not as a deduction

accrued income, war-profits, and excess profits taxes imposed by the authority of any

foreign country or possession of the United States but at the time the return is made it

is impossible to estimate the amount of such taxes that may have accrued for the

period for which the return is made, the form required under this section may be filed

at a later date but a credit cannot be allowed for such taxes unless the taxpayer

signifies in his return his desire to have to any extent the benefits of Section 30(c) (3)

to (9).

SECTION 87. Redetermination of tax when credit proves incorrect. — In

case credit has been given for taxes accrued, or a proportionate share thereof, and the

amount that is actually paid on account of such taxes, or a proportionate share thereof,

is not the same as the amount of such credit, or in case any tax payment credited is


refunded in whole or in part, the taxpayer shall immediately notify the Commissioner

of Internal Revenue. The Commissioner of Internal Revenue will thereupon

redetermine the amount of the tax of such taxpayer for the year or years for which

such incorrect credit was granted. The amount of tax, if any, due upon such

redetermination shall be paid by the taxpayer upon notice and demand by the

Commissioner of Internal Revenue. The amount of tax, if any, shown by such

redetermination to have been overpaid shall be credited or refunded to the taxpayer in

accordance with the provisions of Section 309 of the Code.

SECTION 88. Countries which do or do not satisfy the similar credit

requirements. — A country satisfies the similar credit requirement of Section

30(c)(3)(B), as to income tax paid to such country, either by allowing to citizens of the

Philippines residing in such country a credit for the amount of income taxes paid to

the Philippines. A country does not satisfy the similar credit requirement of Section

(30)(c)(3)(B) if it does not allow any credit to citizens of the Philippines residing in

such country for the amount of income taxes paid to the Philippines, or if such country

does not impose any income taxes. If the country of which a resident alien is a citizen

or subject does not allow to a Filipino citizen residing in such country a credit for

taxes paid by such citizen to another foreign country, no credit is allowed to such

resident alien for taxes paid by him to such foreign country.

SECTION 89. When credit for taxes may be taken. — The credit for taxes

provided by Section (30)(c)(3) to (9) may ordinarily be taken either in the return for

the year in which the taxes accrued or in which the taxes were paid, dependent upon

whether the accounts of the taxpayer are kept and his returns filed upon the accrual

basis or upon the cash receipts and disbursements basis. Section 30(c)(6) allows the

taxpayer, at his option and irrespective of the method of accounting employed in

keeping his books, to take such credit for taxes as may be allowable in the return for

the year in which the taxes accrued. An election thus made must be followed in

returns for all subsequent years, and no portion of any such taxes will be allowed as a

deduction from gross income.

SECTION 90. Domestic corporation owning a majority of the stock of

foreign corporation. — In the case of a domestic corporation which owns a majority

of the voting stock of a foreign corporation from which it receives dividends in any

taxable rear, the credit for foreign taxes includes not only the income, war profits and

excess-profits taxes paid or accrued during the taxable year to any foreign country by

such domestic corporation, but also income, war-profits and excess-profits taxes

deemed to have been paid determined by taking the same proportion of any income,


war-profits, and excess-profits taxes paid or accrued by such controlled foreign

corporation to any foreign country upon or with respect to the accumulated profits of

such foreign corporation from which such dividends were paid, which the amount of

any such dividends received bears to the amount of such accumulated profits. The

amount of taxes deemed to have been paid is limited, however, to an amount of the

tax against which the credit for foreign taxes is taken, which the amount of such

dividends bears to the amount of the entire net income of the domestic corporation in

which such dividends are included. If dividends are received from more than one

controlled foreign corporation, the limitation is to be computed separately for the

dividends received from each controlled foreign corporation. If the credit for foreign

taxes includes taxes deemed to have been paid, the taxpayer must furnish the same

information with respect to the taxes deemed to have been paid as it is required to

furnish with respect to the taxes actually paid or accrued by it. Taxes paid or accrued

by a controlled foreign corporation are deemed to have been paid by the domestic

corporation for purposes of credit only.

SECTION 91. Non-resident aliens and foreign corporations not allowed

credits against the tax. — Non-resident aliens and foreign corporations may not claim

credits against the tax from taxes of foreign countries.

SECTION 92. Limitation on credit for foreign taxes. — The amount of

credit for foreign taxes shall be subject to the following limitations:

(a) The amount of the credit in respect to the tax paid or accrued to any

country shall not exceed the same proportion of the tax against which such credit is

taken, which the taxpayer's net income from sources within such country taxable

under Title II bears to his entire net income for the same taxable year; and

(b) The total amount of the credit shall not exceed the same proportion of the

tax against which such credit is taken, which the taxpayer's net income from sources

without the Philippines taxable under Title II bears to his entire net income for the

same taxable year.

(Section 30(d) of the Code)

SECTION 93. Losses by individuals. — Losses sustained by individuals

during the year not compensated for by insurance or otherwise are fully deductible

(except by non-resident aliens) —

(a) If incurred in a taxpayer's trade; or


(b) If incurred in any transaction entered into for profits; or

(c) Of property not connected with the trade or business if arising from fires,

storm, shipwreck, or other casualty, or from robbery, theft or embezzlement. No loss

shall, however, be allowed as a deduction if at the time of filing of the return, such

loss has been claimed as deduction for estate or inheritance tax purposes in the estate

or inheritance tax return.

SECTION 94. Losses by corporations. — Domestic corporations may

deduct losses actually sustained and charged off within the year and not compensated

for by insurance or otherwise.

SECTION 95. Losses by non-resident alien and foreign corporation. —

Non-resident aliens and foreign corporations are allowed only losses sustained in

business or trade conducted within the Philippines, losses of property within the

Philippines arising from fires, storms, shipwreck, or other casualty and from robbery,

theft, or embezzlement, and losses actually sustained in transactions entered into for

profit in the Philippines, although not connected with their trade or business, not

compensated by insurance or otherwise.

SECTION 96. Losses generally. — Losses must usually be evidenced by

closed and completed transactions. Proper adjustment must be made in each case for

expenditures or items of loss properly chargeable to capital account, and for

depreciation, obsolescence, amortization, or depletion. Moreover, the amount of the

loss must be reduced by the amount of any insurance or other compensation received,

and by the salvage value, if any, of the property. A loss on the sale of residential

property is not deductible unless the property was purchased or constructed by the

taxpayer with a view to its subsequent sale for pecuniary profit. No loss is sustained

by the transfer of property by gift or death. Losses sustained in illegal transactions are

not deductible. EAISDH

SECTION 97. Voluntary removal of buildings. — Loss due to the

voluntary removal or demolition of old buildings, the scrapping of old machinery,

equipment, etc., incident to renewals and replacements will be deductible from gross

income. When a taxpayer buys real estate upon which is located a building, which he

proceeds to raze with a view to erecting thereon another building, it will be considered

that the taxpayer has sustained no deductible expense on account of the cost of such

removal, the value of the real estate, exclusive of old improvements, being

presumably equal to the purchase price of the land and building plus the cost of


removing the useless building.

SECTION 98. Loss of useful value. — When through some change in

business conditions, the usefulness in the business of some or all of the capital assets

is suddenly terminated, so that the taxpayer discontinues the business or discards such

assets permanently from use of such business, he may claim as deduction the actual

loss sustained. In determinating the amount of the loss, adjustment must be made,

however, for improvements, depreciation and the salvage value of the property. This

exception to the rule requiring a sale or other disposition of property in order to

establish a loss requires proof of some unforeseen cause by reason of which the

property has been prematurely discarded, as, for example, where an increase in the

cost or change in the manufacture of any product makes it necessary to abandon such

manufacture, to which special machinery is exclusively devoted, or where new

legislation directly or indirectly makes the continued profitable use of the property

impossible. This exception does not extend to a case where the useful life of property

terminates solely as a result of those gradual processes for which depreciation

allowance are authorized. It does not apply to inventories or to other than capital

assets. The exception applies to buildings only when they are permanently abandoned

or permanently devoted to a radically different use, and to machinery only when its

use as such is permanently abandoned. Any loss to be deductible under this exception

must be charged off in the books and fully explained in returns of income.

SECTION 99. Shrinkage in value of stocks. — A person possessing stock

of a corporation can not deduct from gross income any amount claimed as a loss

merely on account of shrinkage in value of such stock through fluctuation of the

market or otherwise. The loss allowable in such case is that actually suffered when the

stock is disposed of. If stock of a corporation becomes worthless, its cost or other

basis determined in accordance with these regulations may be deducted by the owner

in the taxable year in which the stock became worthless, provided a satisfactory

showing of its worthlessness be made, as in the case of bad debts.

SECTION 100. Losses of farmers. — Losses incurred in the operation of

farms as business enterprises are deductible from gross income. If farm products are

held for favorable markets, no deduction on account of shrinkage in weight or

physical value or by deterioration in storage shall be allowed, except as such

shrinkage may be reflected in an inventory if used to determine profits. The total loss

by storm, flood, or fire of a prospective crop is not a deductible loss in computing net

income. A farmer engaged in raising and selling stock, cattle, sheep, horses, etc., is

not entitled to claim as a loss the value of animals that perish from among those


animals that were raised on the farm, except as such loss is reflected in an inventory if

used. If livestock has been purchased after March 1, 1913, for any purpose, and

afterwards dies from disease, exposure, or injury, or is killed by order of the

authorities, the actual purchase price of such stock, less any depreciation allowable as

a deduction in computing net income, with respect to such perished, livestock, and

also any insurance or indemnity recovered, may be deducted as a loss. The actual cost

of other property (with proper adjustment for depreciation), which is destroyed by

order of the authorities, may in like manner be claimed as a loss; but if reimbursement

is made in whole or in part on account of stock killed or property destroyed, the

amount received shall be reported as income for the year in which reimbursement is

made. The cost of any feed, pasturage, or care which has been deducted as an expense

of operation shall not be included as part of the cost of the stock for the purpose of

ascertaining the amount of a deductible loss. If gross income is ascertained by

inventories, no deduction can be made for livestock or products lost during the year,

whether purchased for resale, produced on the farm, as such losses will be reflected in

the inventory by reducing the amount of livestock or products on hand at the close of

the year. If an individual owns and operates a farm, in addition to being engaged in

another trade, business or calling, and sustains a loss from such operation of the farm,

then the amount of loss sustained may be deducted from gross income received from

all sources, provided the farm is not operated for recreation or pleasure.

SECTION 101. Capital losses; losses on wash sales of stock or securities.

— Losses on sales or exchanges of capital assets are allowed to the extent provided in

section 34 of the Code. If any securities which are capital assets become worthless

during the taxable year, the loss resulting therefrom shall be considered as a loss from

the sale or exchange, on the last day of such taxable year, of capital assets. Losses on

"wash sales" of stock or securities are treated in section 33 of the Code.

(Section 30 (e) of the Code)

SECTION 102. Bad debts. — Where all the surrounding circumstances

indicate that a debt is worthless, and the debt is charged off on the books of the

taxpayer within the year, the same may be allowed as a deduction in computing net

income. There should accompany the return a statement showing the propriety of any

deduction claimed for bad debts. Before a taxpayer may charge off and deduct a debt,

he must ascertain and be able to demonstrate, with a reasonable degree of certainty,

the uncollectibility of the debt. Any amount subsequently received on account of a bad

debt previously charged off and allowed as a deduction for income tax purposes, must

he included in gross income for the taxable year in which received. In determining


whether a debt is worthless the Commissioner of Internal Revenue will consider all

pertinent evidence, including the value of the collateral, if any, securing the debt and

the financial condition of the debtor.

Where the surrounding circumstances indicate that a debt is worthless and

uncollectible and that legal action to enforce payment would in all pro-ability not

result in the satisfaction of execution on a judgment, a showing of those facts will be

sufficient evidence of the worthlessness of the debt for the purpose of deduction.

Bankruptcy is generally an indication of the worthlessness of at least a part of an

unsecured and unpreferred debt. Actual determination of worthlessness in bankruptcy

is sometimes possible before and at other times only when a settlement in bankruptcy

shall have been had. Where a taxpayer ascertained a debt to be worthless and charged

it off in one year, the mere fact that bankruptcy proceedings instituted against the

debtor are terminated in a later year, confirming the conclusion that the debt is

worthless, will not authorize shifting the deduction to such later year. If a taxpayer

computes his income upon the basis of valuing his notes or accounts receivable at

their fair market value when received, which may be less than their face value, the

amount deductible for bad debts in any case is limited to such original valuation.

SECTION 103. Examples of bad debts. — Worthless debts arising from

unpaid wages, salaries, rents, and similar items of taxable income will not be allowed

as a deduction unless the income such items represent has been included in the return

of income for the year in which the deduction as a bad debt is sought to be made or in

a previous year. Only the difference between the amount received in distribution of

the assets of a bankrupt and the amount of the claim may be deducted as a bad debt.

The difference between the amount received by a creditor of a decedent in distribution

of the assets of the decedent's estate and the amount of his claim may be considered a

worthless debt. A purchaser of accounts receivable which can not be collected and are

consequently charged off the hooks as bad debt is entitled to deduct them, the amount

of deduction to be based upon the price he paid for them and not upon their face

value.

Where under foreclosure of a mortgage, the mortgagee buys the mortgaged

property and credits the indebtedness with the purchase price, the difference between

the purchase price and the indebtedness will not be allowable as a deduction for a bad

debt, for the property which was security for the debt stands in the place of the debt.

The determination of loss in such case is deferred until the disposal of the property.

SECTION 104. Securities becoming worthless. — If any securities which


are capital assets are ascertained to be worthless and charged off within the taxable

year, the loss resulting therefrom shall, except in the case of a bank or trust company

incorporated under the laws of the Philippines or of the United States a substantial

part of whose business is the receipt of deposits, be considered as a loss from the sale

or exchange, on the last day of such taxable year, of capital assets.

(Section 30(f) of the Code)

SECTION 105. Depreciation. — A reasonable allowance for the

exhaustion, wear and tear, and obsolescence of property used in the trade or business

may be deducted from gross income. For convenience such an allowance will usually

be referred to as depreciation, excluding from the term any idea of a mere reduction in

market value not resulting from exhaustion, wear and tear, or obsolescence. The

proper allowance for such depreciation of any property used in the trade or business is

that amount which should be set aside for the taxable year in accordance with a

reasonable consistent plan whereby the aggregate of the amount so set aside, plus the

salvage value, will, at the end of the useful life of the property in business, equal the

basis of the property. Due regard must also be given to expenditures for current

upkeep. cDCSTA

SECTION 106. Depreciable property. — The necessity for a depreciation

allowance arises from the fact that certain property used in the business gradually

approaches a point where its usefulness is exhausted. The allowances should be

confined to property of this nature. In the case of tangible property, it applies to that

which is subject to wear and tear, to decay or decline from natural causes, to

exhaustion and to obsolescence due to the normal progress of the art, as where

machinery or other property must be replaced by a new invention, or due to the

inadequacy of the property to the growing needs of the business. It does not apply to

inventories or to stock in trade, nor to land apart from the improvements or physical

development added to it. It does not apply to bodies of minerals which through the

process of removal suffer depletion. Property kept in repair may, nevertheless, be the

subject of a depreciation allowance. The deduction of an allowance for depreciation is

limited to property used in the taxpayer's trade or business. No such allowance may be

made in respect to automobiles or other transportation equipment used solely for the

pleasure, a building used by the taxpayer solely as his residence, nor in respect of

furniture or furnishings therein, personal effects, or clothing; but properties and

costumes used exclusively in a business, such as theatrical business, may be the

subject of a depreciation allowance.


SECTION 107. Depreciation of intangible property. — Intangibles, the use

of which in the trade or business is definitely limited in duration, may be the subject

of a depreciation allowance. Examples are patents, copyrights, and franchises.

Intangibles, the use of which in the business or trade is not so limited, will not usually

be a proper subject of such an allowance. If however, an intangible asset acquired

through capital outlay is known from experience to be of value in the business for

only a limited period, the length of which can be estimated from experience with

reasonable certainty, such intangible asset may be the subject of a depreciation

allowance, provided the facts are fully shown in the return or prior thereto to the

satisfaction of the Commissioner of Internal Revenue.

SECTION 108. Capital sum recoverable through depreciation allowances.

— The capital sum to be replaced by depreciation allowances is the cost or other basis

of the property in respect of which the allowance is made. To this amount should be

added from time to time the cost of improvements, additions, and betterment and from

it should be deducted from time to time the amount of any definite loss or damage

sustained by the property through casualty, as distinguished from the gradual

exhaustion of its utility which is the basis of the depreciation allowance. Where the

lessee of real property erects buildings, or makes permanent improvements which

become part of the realty and income has been returned by the lessor as a result

thereof, as provided in Section 49 of these regulations, the capital sum to be replaced

by depreciation allowance is the same as though no such buildings had been erected or

such improvements made. No depreciation deduction will be allowed in the case of

property which has been amortized to its scrap value and is no longer in use.

SECTION 109. Method of computing depreciation allowance. — The

capital sum to be replaced should be charged off over the useful life of the property,

either in equal annual installments or in accordance with any other recognized trade

practice, such as an apportionment of the capital sum over units of production.

Whatever plan or method of apportionment is adopted must be reasonable and must

have due regard to operating conditions during the taxable period. While the burden of

proof must rest upon the taxpayer to sustain the deductions taken by him, such

deductions must not be disallowed unless shown by clear and convincing evidence to

be unreasonable. The reasonableness of any claim for depreciation shall be

determined upon the conditions known to exist at the end of the period for which the

return is made. If it develops that the useful life of the property will be longer or

shorter than the useful life as originally estimated under all the then known facts, the

portion of the cost or other basis of the property not already provided for through


depreciation allowances should be spread over the remaining useful life of the

property as reestimated in the light of the subsequent facts, and depreciation

deductions taken accordingly.

SECTION 110. Obsolescence. — With respect to physical property the

whole or any portion of which is clearly shown by the taxpayer as being affected by

economic conditions that will result in its being abandoned at a future date prior to the

end of its normal useful life, so that depreciation deductions alone are insufficient to

return the cost (or other basis) at the end of its economic term of usefulness, a

reasonable deduction for obsolescence, in addition to depreciation, may be allowed in

accordance with the facts obtaining with respect to each item of property concerning

which a claim for obsolescence is made. No deductions for obsolescence will be

permitted merely because, in the opinion of a taxpayer, the property may become

obsolete at some later date. This allowance will be confined to such portion of the

property on which obsolescence is definitely shown to be sustained and can not be

held applicable to an entire property unless all portions thereof are affected by the

conditions to which obsolescence is found to be due.

SECTION 111. Depreciation of patent or copyright. — In computing

depreciation allowance in the case of a patent or copyright, the capital sum to be

replaced is the cost or other basis of the patent or copyright. The allowance should be

computed by an apportionment of the cost or other basis of the patent or copyright

over the life of the patent or copyright since its grant, or since its acquisition by the

taxpayer, or since March 1, 1913, as the case may be. If the patent or copyright was

acquired from the Government, its cost consists of the various Government fees, cost

of drawings, experimental models, attorney's fees, development or experimental

expenses, etc., actually paid. Depreciation of a patent can be taken on the basis of the

fair market value as of March 1, 1913, only when affirmative and satisfactory

evidence of such value is offered. Such evidence should whenever practicable be

submitted with the return. If the patent becomes obsolete prior to its expiration, such

proportion of the amount on which its depreciation may be based as the number of

years of its remaining life bears to the whole number of years intervening between the

basic date when it legally expires may be deducted, if permission to do so is

specifically secured from the Commissioner of Internal Revenue. Owing to the

difficulty of allocating to a particular year the obsolescence of a patent, such

permission will be granted only if affirmative and satisfactory evidence that the patent

became obsolete in the year for which the return is made is submitted to the

Commissioner of Internal Revenue. The fact that depreciation has not been taken in

prior years does not entitle the taxpayer to deduct in any taxable year a greater amount


for depreciation than would otherwise be allowable. AcDHCS

SECTION 112. Depreciation of drawings and models. — Where a taxpayer

has incurred expenditures in his business for designs, drawings, patterns, models, or

work of an experimental nature calculated to result in improvement of his facilities or

his product, if the period of usefulness of any such asset may be estimated from

experience with reasonable accuracy, it may be the subject of depreciation allowances

spread over such estimated period of usefulness. The facts must be fully shown in the

return or prior thereto to the satisfaction of the Commissioner of Internal Revenue.

Except for such depreciation allowances no deduction shall be made by the taxpayer

against any sum so set up as an asset except on the sale or other disposition of such

asset at a loss or on proof of a total loss thereof.

SECTION 113. Charging off depreciation. — A depreciation allowance, in

order to constitute an allowable deduction from gross income, must be charged off.

The particular manner in which it shall be charged off is not material, except that the

amount measuring a reasonable allowance for depreciation must be either deducted

directly from the book value of the assets or preferably credited to a depreciation

reserve account, which must be reflected in the annual balance sheet. The allowances

should be computed and charged off with express reference to specific items, units, or

groups of property, each item or unit being considered separately or specifically

included in a group with others to which the same factors apply. The taxpayer should

keep such records to each item or unit of depreciable property as will permit the ready

verification of the factors used in computing the allowance for each year for each

item, unit, or group.

SECTION 114. Depreciation in the case of farmers. — A reasonable

allowance for depreciation may be claimed on farm buildings (other than a dwelling

occupied by the owner), farm machinery, and other physical property. A reasonable

allowance for depreciation may also be claimed on live stock acquired for work,

breeding, or dairy purposes, unless they are included in an inventory used to determine

profits in accordance with these regulations. Such depreciation should be based on the

cost or other basis and the estimated life of the live stock. If such live stock be

included in an inventory no depreciation thereof will be allowed, as the corresponding

reduction in their value will be reflected in the inventory.

SECTION 115. Statement to be attached to return. — To each return in

which depreciation charges are claimed, there should be attached a statement showing

the item, unit, or group of depreciable property, the cost price or its market value as of


March 1, 1913, if acquired prior to that date, the rate of charge, amount previously

deducted, and the amount claimed in the return. These data must agree with those

appearing in the books of the taxpayer. TDESCa

(Section 30(g) of the Code)

SECTION 115-A-1. General Circular V-332, January 6, 1961 — Who is

entitled to deduct depletion. — In order to be entitled to percentage depletion

allowance, the taxpayer must have an economic interest in the property. To acquire an

economic interest, the taxpayer must have a capital investment in the property and not

a mere economic advantage. The taxpayer must have acquired at least, by investment,

any interest in oil or gas or mineral in place, and secures, by any form of legal

relationship, income derived from the extraction of the oil, gas or mineral, to which he

must look for a return of his capital. Thus the parties entitled to share in oil or mineral

extracted, or the gross proceeds therefrom (including the parties to a lease providing

for royalty payments of stated amounts per unit mined) have economic interests in the

oil or minerals in place. That is, they, as owners of the rights in oil or other mineral in

place, share the income from production, and the depletion allowances thereon are

regarded as designed to permit tax-free recovery of at least their capital investments in

such property rights.

SECTION 115-A-2. Basis for depletion. — On oil or gas wells the

percentage depletion allowance is fixed at 27 1/2% of gross income while on mines,

the percentage depletion allowance varies in accordance with the class of minerals.

The gross income basis is the amount remaining after deducting therefrom rents or

royalties paid or incurred by the taxpayer in respect to the property. In both cases, the

total percentage depletion allowance shall in no case exceed 50% of the net income or

profit.

Illustration

Subject: Oil and gas wells (1) (2)

Gross income after deducting rents and royalties P100.00 P100.00

27 1/2% thereof 27.50 27.50

Net income or net profit 50.00 70.00

50°/ of net income or net profit 25.00 35.00

Allowance depletion 25.00 27.50

Under column (1) P25.00 is the allowance depletion because the allowable

percentage cannot exceed 50% of the net profit or net income. Under column (2), the

allowable depletion is P27.50 because it does not exceed 50% of either the net income


or net profit.

SECTION 115-A-3. Definition of terms. — For purposes of the depletion

allowance for oil and gas wells and mines, the following terms and phrases shall have

the meaning indicated:

(a) Gross income. — Gross income means the "gross income from the

property". The gross income in the case of gas and oil wells is the amount for which

the taxpayer sells the oil and gas in the immediate vicinity of the well. If the oil and

gas are not sold on the property but are manufactured or converted into a refined

product prior to sale, the gross income from the property shall be assumed to be

equivalent to the representative market or field price (as of the date of sale) of the oil

and gas before conversion or transportation.

"Gross income from the property" means, in the case of mines, the gross

income from mining. The gross income from mining consists of the proceeds from the

sales of ores or minerals extracted from the mining property. Where ores are sent

abroad where the ordinary treatment processes are applied or where they are refined

and where they are sold, the actual cost of ocean freight as well as insurance, should

be deducted from the actual selling price for gross income purposes. Also where

minerals or mineral products are sold or consigned abroad by the lessee or owner of

the mine under C.I.F. terms, the actual cost of ocean freight and insurance should be

deducted.

(b) Mining. — The term "mining" includes not merely the extraction of the

ores or minerals from the ground but also the ordinary treatment process normally

applied by mine owners or operators in order to obtain the commercially marketable

mineral product or products, and so much of the transportation of ores or minerals

(whether or not by common carrier) from the point of extraction from the ground to

the plants or mills in which the ordinary treatment processes are applied thereto as is

not in excess of 50 miles unless the Commissioner of Internal Revenue finds that the

physical and other requirements are such that the ore or mineral must be transported a

greater distance to such plants or mills.

(c) Extraction of the ores or minerals from the ground. — The term

"extraction of the ores or minerals from the ground" includes the extraction by mine

owners or operators of ores or minerals from the waste or residue of prior mining.

Thus income derived from the working over of tailings, piles or culm banks is

included in determining "gross income from the property". The length of time

between the prior mining and extraction of ores or minerals from the waste or residue


of such mining is immaterial. Whether the waste or residue results from the

application of ordinary treatment processes or from the process of removal from the

ground, income derived therefrom is within the term "gross income from the

property". To be included in "gross income from the property", income derived from

the extraction of ores or minerals from the waste or residue of prior mining must come

from such extraction by the mine owner or operator himself.

(d) Ordinary treatment processes. — The term "ordinary treatment

processes" includes the following:

(1) In the case of coal-cleaning, breaking, sizing, dust-allaying, treating to

prevent freezing, and loading for shipment;

(2) In the case of sulfur recovered by the Frasch process — pumping to vats,

cooling, breaking, and loading for shipment;

(3) In the case of iron ore, bauxite, ball and sagger clay, rock asphalt, and

minerals which are customarily sold in the form of a crude mineral product —

sorting, concentrating; and sintering to bring to shipping grade and form, and loading

for shipment;

(4) In the case of lead, zinc, copper, gold, silver, or fluorspar ores, potash,

and ores which are not customarily sold in the form of the crude mineral

product-crushing, grinding, and beneficiation by concentration (gravity, flotation,

amalgamation, electrostatic, or magnetic) cyanidation, leaching, crystallization,

precipitation (but not including as an ordinary treatment process electrolytic

deposition, roasting, thermal or electric smelting, or refining), or by substantially

equivalent processes, or extraction of the product or products from the ore, including

the furnacing of quicksilver ores; and

(5) The pulverization of talc, the burning of magnesite, and the sintering and

modulizing of phosphate rock.

(e) Net income or net profit. — "Net income" or "net profit" means the

taxpayer's taxable income from the property. Net income or net profit (computed

without allowance for depletion) means the "gross income from the property" less the

allowable deductions attributable to the mineral property upon which the depletion is

claimed and the allowable deductions attributable to the treatment processes insofar as

they relate to the product of such property, including overhead and operating

expenses, development costs properly charged to expense, depreciation, taxes, losses


sustained, etc. Deductions not directly attributable to particular properties or processes

shall be fairly allocated. ASaTHc

(f) Property. — For the purpose of computing the depletion allowance in the

case of mines and wells, the term "property" means each separate interest owned by

the taxpayer in each mineral deposit in each separate tract or parcel of land.

If a taxpayer owns two or more separate operating mineral interests which

constitute part or all of an operating unit, he may elect to form (a) one aggregation of,

and to treat as one property, any two or more of such interests and (b) to treat as a

separate property each such interest which he does not elect to include within the

aggregation referred to in (a). Separate operating mineral interests which constitute

part or all of an operating unit may be aggregated whether or not they are included in

contiguous tracts or parcels. A taxpayer may not elect to form more than one

aggregation of operating mineral interests within any one operating unit. Such election

may be made by the taxpayer by the giving of notice of such election to the

Commissioner of Internal Revenue not later than the time prescribed for filing of the

return and any such election so made shall be binding upon the taxpayer for all

subsequent taxable years, except that the Commissioner of Internal Revenue may

consent to a different treatment of the interest with respect to which the election has

been made.

SECTION 115-A-4. Depletion deductible by non-resident aliens or

foreign corporations. — A non-resident alien individual or a foreign corporation is

entitled to an allowance for depletion of oil and gas wells or mines located in the

Philippines. (Gen. Cir. V-332 implements Sec. 30(g), Tax Code, as amended by R.A.

2698)

(Section 30(h) of the Code)

SECTION 116. When contributions or gifts may be deducted. —

Contributions or gifts within the taxable year are deductible to an aggregate amount

not in excess of 6 per centum, in the case of an individual, and 3 per centum, in the

case of a corporation, of the taxpayer's taxable net income, if actually paid or made to

or for the use of the Government of the Philippines or any political subdivision thereof

for exclusively public purposes or to domestic corporations or associations organized

and operated exclusively for religious, charitable, scientific, athletic, cultural or

educational purposes, or to societies for the prevention of cruelty to children or

animals, provided that no part of the net income of which inures to the benefit of any


private stockholders or individual.

In connection with claims for deductions, there shall be stated on returns of

income the name and address of each organization to which a gift was made and the

approximate date and the amount of the gift in each case. Where the gift is other than

money, the basis for calculation of the amount thereof shall be the fair market value of

the property at the time of the gift. Contributions or gifts paid or made to corporations

or associations specified in the law will only be allowed as deduction when the

taxpayer attaches to his return the receipt duly signed by the responsible officer of the

corporations or associations to which the contributions or gifts has been paid or made.

If desired, said receipt will be returned to the taxpayer after they have served their

purpose.

(Section 30(i) of the Code)

SECTION 117. Allowance of deductions and credits. — Unless a

non-resident alien individual shall file or cause to be filed with the Commissioner of

Internal Revenue, a true and accurate return of income from all sources, corporate, or

otherwise, within the Philippines, regardless of amount, the tax shall be collected on

the basis of the gross income (not the net income) from sources within the Philippines.

In case of failure to file such return, the Commissioner of Internal Revenue will cause

a return of income to be made and include therein the income of such non-resident

alien from all source concerning which he has information, and he will assess the tax

and collect it from one or more of the sources of income of such non-resident alien

within the Philippines, without allowance for deductions or credit. (Cf. effect of Sec.

22(b) as amended by R.A. 2343.)

(Section 30(j) of the Code)

SECTION 118. Payments to employees' pension trusts. — An employer

who adopts or has adopted a reasonable pension plan, actuarially sound, and who

establishes, or has established, and maintains a pension trust for the payment of

reasonable pensions to his employees shall be allowed to deduct from gross income

reasonable amounts paid to such trust, in accordance with the pension plan (including

any reasonable amendment thereof), as follows:

(a) If the plan contemplates the payment to the trust, in advance of the time

when pensions are granted, of amounts to provide for future pensions payments, then

(1) reasonable amounts paid to the trust during the taxable year representing the

pension liability applicable to such year, determined in accordance with the plan, shall


be allowed as a deduction for such year as an ordinary and necessary business

expense, and in addition (2) one-tenth of a reasonable amount transferred or paid to

the trust during the taxable year to cover in whole or in part the pension liability

applicable to the years prior to the taxable year, or so transferred or paid to place the

trust on a sound financial basis, shall be allowed as a deduction for the taxable year

and for each of the nine succeeding taxable years.

(b) If the plan does not contemplate the payment to the trust, in advance of

the time when pensions are granted, of amounts to provide for future pension

payments, then (1) reasonable amounts paid to the trust during the taxable year

representing the present value of the expected future payments in respect of pensions

granted to employees retired during the taxable year shall be allowed as deduction for

such year as an ordinary and necessary business expense, and in addition (2) one tenth

of a reasonable amount transferred or paid to the trust during the taxable year to cover

in whole or in part the present value of the expected future payments in respect of

pensions granted to employees retired prior to the taxable year, or so transferred or

paid to place the trust on a sound financial basis, shall be allowed as a deduction for

the taxable year and for each of the nine succeeding taxable years.

(Section 30(k) of the Code)

SECTION 118-A. Optional standard deduction. — In lieu of the deductions

allowed under this section an individual, other than a non-resident alien, may elect a

standard deduction. Such optional standard deduction shall be in the amount of one

thousand pesos or in an amount equal to ten per centum of his gross income,

whichever is the lesser. Unless the taxpayer signifies in his return his intention to elect

the optional standard deduction he shall be considered as having availed himself of

the deductions allowed in the preceding subsection. The Secretary of Finance shall

prescribe the manner of the election. Such election when made in the return shall be

irrevocable for the taxable year for which the return is made.


SECTION 119. Personal, living, and family expenses. — Personal, living,

and family expenses are not deductible. Insurance paid on a dwelling owned and

occupied by a taxpayer is a personal expense and not deductible. Premiums paid for

life insurance by the insured are not deductible. In the case of a professional man who

rents a property for residential purposes, but incidentally receives his clients, patients,

or callers in connection with his professional work (his place of business being

elsewhere), no part of the rent is deductible as a business expense. If however, he uses


part of the house for his office, such portion of the rent as is properly attributable to

such office is deductible. Where the father is legally entitled to the services of his

minor children, any allowances which he gives them, whether said to be in

consideration of services or otherwise, are not allowable deductions in his return of

income. Alimony, and an allowance paid under a separation agreement are not


SECTION 120. Capital expenditures. — No deduction from gross income

may be made for any amounts paid out for new buildings or for permanent

improvements or betterments made to increase the value of the taxpayer's property, or

for any amount expended in restoring property or in making good the exhaustion

thereof for which an allowance for depreciation or depletion or other allowance is or

has been made. Amounts expended for securing a copyright and plates, which remain

the property of the person making the payments, are investments of capital. The cost

of defending or perfecting title to property constitutes a part of the cost of the property

and is not a deductible expense. The amount expended for architect's services is part

of the cost of the building. Commissions paid in purchasing securities are a part of the

cost of such securities. Commissions paid in selling securities are an offset against the

selling price. Expenses of the administration of an estate, such as court costs,

attorney's fees, and executor's commissions, are chargeable against the "corpus" of the

estate and are not allowable deductions. Amounts to be assessed and paid under an

agreement between bondholders or shareholders of a corporation, to be used in a

reorganization of the corporation, are investments of capital and not deductible for

any purpose in return of income. DaACIH

In the case of a corporation, expenses for organization, such as incorporation

fees, attorney's fees and accountants' charges, are ordinarily capital expenditures; but

where such expenditures are limited to purely incidental expenses, a taxpayer may

charge such items against income in the year in which they are incurred. A holding

company which guarantees dividends at a specified rate on the stock of a subsidiary

corporation for the purpose of securing new capital for the subsidiary and increasing

the value of its stockholdings in the subsidiary may not deduct amounts paid in

carrying out this guaranty in computing its net income, but such payments may be

added to the cost of its stock in the subsidiary.

SECTION 121. Premiums on life insurance of employees. — Any amounts

paid for premiums on any life insurance policy covering the life of an officer or

employee or of any person financially interested in the business of the taxpayer when

the taxpayer is directly or indirectly a beneficiary under such policy are not deductible.


SECTION 122. Losses from sales or exchanges of property. — No

deduction is allowed in respect of losses from sales or exchanges of property, directly

or indirectly —

(a) Between members of a family. As used in Section 31, the family of an

individual shall include only his brothers and sisters (whether by the whole or half

blood), spouse, ancestors, and lineal descendants;

(b) Except in the case of distributions in liquidation, between an individual

and a corporation more than fifty per centum in value of the outstanding stock of

which is owned, directly or indirectly, by or for such individual;

(c) Except in the case of distributions in liquidation, between two

corporations more than 50 per cent in value of the outstanding stock of each of which

is owned, directly or indirectly, by or for the same individual, if either one of such

corporations with respect to the taxable year of the corporation preceding the date of

the sale or exchange was, under the law applicable to such taxable year, a personal

holding company or a foreign personal holding company;

(d) Between a grantor and a fiduciary of any trust;

(e) Between the fiduciary of a trust and the fiduciary of another trust, if the

same person is a grantor with respect to each trust; or

(f) Between a fiduciary of a trust and a beneficiary of such trust.


SECTION 123. Gross income of insurance companies. — In general, the

gross income of insurance companies consists of their total revenue from the

operation of the business and of their income from all other sources within the taxable

year, except as otherwise provided by the statute. Gross income includes net

premiums (that is, gross premium less returned premiums on policies not taken),

investment income, profits from the sale of assets, and all gains, profits, and income

reported to the Insurance Commissioner, except income specifically exempt from tax.

A net decrease in reserve funds required by law within the taxable year must be

included in the gross income to the extent that such funds are released to the general

uses of the company and increase its free assets. Any net decrease in reserves shall be

added to the gross income, unless the company shall show that such decrease resulted

from the application of reserves to the purposes for which they were established.


SECTION 124. Gross income of life insurance companies. — A life

insurance company shall not include in gross income such portion of any actual

premiums received from any individual policyholder as is paid back or credited to or

treated as an abatement of premium of such policyholder within the taxable year. (a)

"Paid back" means paid in cash. (b) "Credited to" means held to the credit of,

including dividends applied to pay renewal premiums, to purchase additional paid-up

insurance or annuities, or to shorten the endowment or premium-paying period. It does

not include dividends provisionally ascertained and apportioned upon deferred

dividends policies. Dividends provisionally ascertained, apportioned, or credited on

deferred dividends policies can not be excluded or deducted from gross income for the

reason that the assured has no vested or enforceable right in them and can not at the

time of the ascertainment, apportionment, or credit, not until the maturity of the

policy, avail himself of such dividends; and in the event of the death of the assured

prior to the expiration of the deferred dividend period, the amount so ascertained,

apportioned, or credited lapses. (c) "Treated as an abatement of premium" means of

the premium for the taxable year. Where the dividend paid back is in excess of the

premium received from the policyholder within the taxable year there may be

excluded from gross income only the amount of such premium received, and where no

premium is received from the policyholder within the taxable year the company is not

entitled to exclude from its premiums received from other policyholders an amount in

respect to such dividend payment. (See changes in Sec. 24(b), Tax Code.)

SECTION 125. Gross income of mutual insurance companies. — The gross

income of mutual insurance companies (other than life) consists of their total revenue

from the operation of the business and of their income from all other sources within

the taxable year, except as otherwise provided by the statute. Premiums received by

mutual marine insurance companies which are paid out for reinsurance should be

eliminated from gross income and the payments for reinsurance, from disbursement.

Deposit premiums on perpetual risks received and returned by mutual fire insurance

companies should be treated in the same manner, as no reserve will be recognized

covering liability for such deposits. The earnings on such deposits, including such

portion, if any, of the premium deposits as are not returned to the policyholders upon

cancellation of the policies, must be included in the gross income.

SECTION 126. Deductions allowed insurance companies. — Insurance

companies are entitled to the same deductions from gross income as other

corporations, and also to the deduction of the net addition required by law to be made

within the taxable year to reserve funds and of the sums other than dividends paid


with the taxable year on policy and annuity contracts. "Paid" includes "accrued" or

"incurred" (construed according to the method of accounting upon the basis of which

the net income is computed) during the taxable year, but does not include any estimate

for losses incurred but not reported during the taxable year. As payments on policies

there should be reported all death, disability and other policy claims (other than

dividends as above specified) paid within the year, including fire, accident and

liability losses, matured endowments, annuities, payments on installment policies and

surrender values actually paid.

SECTION 127. Special deductions allowed mutual insurance companies. —

Mutual insurance companies (other than mutual life and mutual marine insurance

companies), which require their members to make premium deposits to provide for

losses and expenses, are allowed to deduct from gross income the aggregate amount

of premium deposits returned to their policyholders or retained for the payment of

losses, expenses, and reinsurance reserves. In determining the amount of premium

deposits retained by a mutual fire or mutual casualty insurance company for the

payment of losses, expenses, and reinsurance reserves, it will be presumed that losses

and expenses have been paid out of earnings and profits other than premiums to the

extent of such earnings and profits. If, however, any portion of such amount is applied

during. the taxable year to the payment of losses, expenses, or reinsurance reserves, or

which a separate allowance is taken, then such portion is not deductible; and if any

portion of such amount for which an allowance is taken is subsequently applied to the

payment of expenses, losses, or reinsurance reserves, then such payment can not be

separately deducted. The amount of premium deposits retained for the payment of

expenses and losses and the amount of such expenses and losses, may not both be

deducted. A company which invests part of the premium deposits so retained by it in

interest-bearing securities may, nevertheless, deduct such part, but not the interest

received on such securities. A mutual fire insurance company which has a guaranty

capital is taxed like other mutual fire insurance companies. A stock fire insurance

company operated on the mutual plan to the extent of paying dividends to certain

classes of policyholders, may make a return on the same basis as a mutual fire

insurance company with respect to its business conducted on the mutual plan.

SECTION 128. Special deductions allowed mutual marine insurance

companies. — Mutual marine insurance companies should include in gross income

the gross premiums collected and received by them less amounts paid for reinsurance.

They may deduct from gross income amounts repaid to policyholders on account of

premiums previously paid by them together with the interest actually paid upon such

amounts between the date of ascertainment and the date of payment thereof. The


remainder of the premiums accordingly forms part of the net income of the company,

except to the extent that it is subject to then deductions allowed such insurance

companies and other corporations.

SECTION 129. Net addition to reserve funds. — All policy premiums on

which net addition to reserve is computed, must be included in gross income.

Insurance companies may deduct from gross income the net addition required by law

to be made within the taxable year to reserve funds. When the reserve at the end of the

year is less than at the beginning of the year there is a "released reserve", and the

amount so released must be included in gross income. In the case of assessment

insurance companies, whether domestic or foreign, the actual deposit of sums with the

officers of the Government of the Philippines, pursuant to law, as addition to guaranty

or reserve funds shall be treated as being payments required by law to reserve funds.

In the case of life insurance companies, the net addition to the "reinsurance reserve"

and the "reserve for supplementary contracts", and in the case of fire, marine,

accident, liability, and other insurance companies, the net addition to the "unearned

premium reserves", and only such other reserves as are specifically required by the

statute will be allowed as deductions.

SECTION 130. Copy of report to Insurance Commissioner to be furnished

the Commissioner of Internal Revenue. — To facilitate the auditing of income tax

returns, insurance companies shall submit to the Commissioner of Internal Revenue

together with returns of income, wherever possible a copy of their annual report to the

Insurance Commissioner.


SECTION 131. Losses from wash sales of stock or securities. — (a) A

taxpayer cannot deduct any loss claimed to have been sustained from the sale or other

disposition of stock or securities, if, within a period beginning thirty days before the

date of such sale or disposition and ending thirty days after such date (referred to in

this section as the sixty-one-day period), he has acquired (by purchase or by an

exchange upon which the entire amount of gain or loss was recognized by law), or has

entered into a contract or option so to acquire, substantially identical stock or

securities. However, this prohibition does not apply in the case of a dealer in stock or

securities if the sale or other disposition of stock or securities is made in the ordinary

course of its business as such dealer.

(b) Where more than one loss is claimed to have been sustained within the

taxable year from the sale or other disposition of stock or securities, the provisions of


this section shall be applied to the losses in the order in which the stock or securities

the disposition of which resulted in the respective losses were disposed of (beginning

with the earliest disposition). If the order of disposition of stock or securities disposed

of at a loss on the same day cannot be determined, the stock or securities will be

considered to have been disposed of in the order in which they were originally

acquired (beginning with earliest acquisition).

(c) Where the amount of stock or securities acquired within the sixty-one day

period is less than the amount of stock or securities sold or otherwise disposed of,

then the particular shares of stock or securities the loss from the sale or other

disposition of which is not deductible shall be those with which the stock or securities

acquired are matched in accordance with the following rule:

The stock or securities acquired will be matched in accordance with the order

of their acquisition (beginning with the earliest acquisition) with an equal number of

the shares of stock or securities sold or otherwise disposed of.

(d) Where the amount of stock or securities acquired within the sixty-

one-day period is not less than the amount of stock or securities sold or otherwise

disposed of, then the particular shares of stock or securities the acquisition of which

resulted in the nondeductibility of the loss shall be those with which the stock or

securities disposed of are matched in accordance with the following rule:

The stock or securities sold or otherwise disposed of will be matched with an

equal number of the shares of stock or securities acquired in accordance with the

order of acquisition (beginning with the earliest acquisition) of the stock or securities

acquired.

(e) The acquisition of any security which results in the non-deductibility of a

loss under the provisions of this section shall be disregarded in determining the

deductibility of any other loss.

(f) The word "acquired" as used in this section means acquired by purchase

or by an exchange upon which the entire amount of gain or loss was recognized by

law, and comprehends cases where the taxpayer has entered into a contract or option

within the sixty-one-day period to acquire by purchase or by such an exchange.

EXAMPLE (1): A, whose taxable year is the calendar year, on December 1,

1939, purchased 100 shares of common stock in the M Company for P10,000 and on

December 15, 1939, purchased 100 additional shares for P9,000. On January 2, 1940,


he sold the 100 shares purchased on December 1, 1939, for P9,000. Because of the

provisions of Section 33 no loss from the sale is allowable as a deduction.

EXAMPLE (2): A, whose taxable year is the calendar year, on September 21,

1939, purchased 100 shares of the common stock of the M Company for P5,000. On

December 21, 1939, he purchased 50 shares of substantially identical stock for

P2,750, and on December 26, 1939, he purchased 25 additional shares of such stock

for P1,125. On January 2, 1940, he sold for P4,000 the 100 shares purchased on

September 21, 1939. There is an indicated loss of P1,000 on the sale of the 100

shares. Since within the sixty-one-day period A purchased 75 shares of substantially

identical stock, the loss on the sale of 75 of the shares (P3,750 less P3,000, or P750) is

not allowable as a deduction because of the provisions of Section 33. The loss on the

sale of the remaining 25 shares (P1,250 less P1,000, or P250) is deductible subject to

the limitations provided in Sections 31(b) and 34. The basis of the 50 shares

purchased December 21, 1939, the acquisition of which resulted in the

non-deductibility of the loss (P500) sustained on 50 of the 100 shares sold on January

2, 1940, is P2,500 (the cost of 50 of the shares sold on January 2, 1940), plus P750

[the difference between the purchase price of the 50 shares acquired on December 21,

1939, (P2,750) and the selling price of 50 of the shares sold on January 2, 1940

(P2,000)], or P3,250. Similarly the basis of the 25 shares purchased on December 26,

1939, the acquisition of which resulted in the nondeductibility of the loss (P250)

sustained on 25 of the shares sold on January 2, 1940, is P1,250 plus P125, or P1,375.

(See Section 143 of these regulations.)

EXAMPLE (3): A, whose taxable year is the calendar year, on September 15,

1938, purchased 100 shares of the stock of the M Company for P5,000. He sold these

shares on February 1, 1940, for P4,000. On each of the four days from February 15,

1940, to February 18, 1940, he purchased 50 shares of substantially identical stock for

P2,000. There is an indicated loss of P1,000 from the sale of the 100 shares on

February 1, 1940, but since within the sixty-one-day period A purchased not less than

100 shares of substantially identical stock, the loss is not deductible. The particular

shares of stock the purchase of which resulted in the nondeductibility of the loss are

the first 100 shares purchased within such period, that is, the 50 shares purchased on

February 15, 1940, and the 50 shares purchased on February 16, 1940. AScTaD


SECTION 132. Definition of "capital assets." — The law provides that the

term "capital assets" shall be held to mean property held by the taxpayer (whether or


not connected with his trade or business), but does not include stock in trade of the

taxpayer or other property of a kind which would properly be included in the

inventory of the taxpayer if on hand at the close of the taxable year, or property held

by the taxpayer primarily for sale to customers in the ordinary course of his trade or

business, or property, used in the trade or business, of a character which is subject to

the allowance for depreciation provided in subsection (f) of Section 30 of the Code.

The term "capital asset" includes all classes of property not specifically excluded by

Section 30(a).

The exclusion from the term "capital assets" of property used in the trade or

business of a taxpayer of a character which is subject to the allowance for depreciation

provided in Section 30(f) of the Code is limited to property used by the taxpayer in the

trade or business at the time of the sale or exchange. It has no application to gains or

losses arising from the sale of real property used in the trade or business to the extent

that such gain or loss is allocable to the land, as distinguished from depreciable

improvements upon the land. To such gain or loss allocable to the land, the limitations

of Section 34(b) and (c) apply (such limitation may be inapplicable to a dealer in real

estate, but, if so, it is because he holds the land primarily for sale to customers in the

ordinary course of his trade or business, not because land is subject to a depreciation

allowance). Gains or losses from the sale or exchange of property used in the trade or

business of the taxpayer of a character which is subject to the allowance for

depreciation provided in Section 30(f) of the Code, will not be subject to the

percentage provisions of Section 34(b) and losses from such transactions will not be

subject to the limitation of losses provided in Section 30(c). (Real property used in

taxpayer's trade or business is no longer capital asset per Am. R.A. 82.)

SECTION 133. Percentage taken into account. — In computing net income,

only 50 per cent of the gain or loss recognized upon the sale or exchange for a capital

asset shall be taken into account. Thus, in the case of a merchandising concern which

has an "ordinary net income" (net income exclusive of net gains from the sale or

exchange of capital assets) of P10,000 and a net capital gain of P5,000, the net income

subject to tax will be P10,000 plus P2,500 (50 % of P5,000), of P12,500.

SECTION 134. Limitation on capital losses. — Losses from sales or

exchanges of capital assets are allowed only to the extent of the gains from such sales

or exchanges. If the dealings of the taxpayer in capital assets during the year result in

a net capital loss, such loss cannot be deducted from his ordinary income, inasmuch as

capital losses are allowable only to the extent of capital gains. In the case, for

example, of a taxpayer, engaged in buying and selling goods, having an ordinary net


income of P20,000, capital gains of P5,000 and capital losses of P3,000 the taxable

net income is computed as follows:

Ordinary net income P20,000

Gains from sales of capital assets

(as stocks or securities) P5,000

50% of such gains P2,500

Losses from sales of capital assets P3,000

50% of such losses P1,500

Net taxable capital gains 1,000

————

Taxable net income P21,000

=======

If such taxpayer had an ordinary net income of P20,000, capital gains of

P2,000 and capital losses of P7,000, the taxable net income would be computed as

follows:

Ordinary net income P20,000

Losses from sales of capital assets

(as stocks or securities) P7,000

50% of such losses P3,500

Gains from sales of capital assets 2,000

50% of such gains 1,000

———

Net capital losses P2,500

Taxable net income P20,000

======

(The net capital loss of P2,500 is not deductible in arriving at the taxable net

income inasmuch as capital losses are allowed only to the extent of capital gains.)

SECTION 134-A. Capital loss carry-over-Illustration. — A, an individual has

the following incomes and losses:

1946 — Net income from business 1,000

Dividends received 750

Interest earned 500

Capital gains — on capital assets held for 8 months 5,000

Capital losses — on capital assets held for 9 months 10,000

1947 — Net income from business 2,000

Interest earned 200

Capital gains — on capital assets held for 15 months 5,000


In 1946, his taxable income is computed as follows:

Income from business, dividends and interest P2,250

Capital gains and losses:

Capital gains P5,000

Less-Capital losses 10,000

———

Net loss carried over to 1947 (P5,000)

———

Net income subject to tax P2,250

In 1947, his taxable income is computed as follows:

Income from business and interest P2,200

Capital gains and losses:

Capital gains P5,000

———

One-half P2,500

———

Less-Capital loss carried over (#) 2,250

Net capital gain 250

———

Net income subject to tax P2,450

======

# The net capital loss of P5,000 sustained in 1946 and carried over in 1947 is

reduced to P2,250 for the reason that the net income from business and other sources

(not including capital gain), for the year 1946 is only P2,250.

If a bank or trust company incorporated under the laws of the Philippines or of

the United States, a substantial part of whose business is the receipt of deposits, sells

any bond, debenture, note, or certificate or other evidence of indebtedness issued by

any corporation (including one issued by a government or political subdivision

thereof), with interest coupons or in registered form, any loss resulting from such sale

shall not be subject to the limitation contained in Section 34(c) and shall not be

included in determining the applicability of such limitation to other losses.

SECTION 135. Gains and losses from short sales. — For income tax

purposes, a short sale is not deemed to be consummated until the delivery of property

to cover the short sale. If the short sale is made through a broker and the broker

borrows property to make delivery, the short sale is not deemed to be consummated


until the obligation of the seller created by the short sale is finally discharged by

delivery of property to the brokers to replace the property borrowed by such broker.


SECTION 136. Basis for determining gain or loss from sale of property. —

For the purpose of ascertaining the gain or loss from the sale or exchange of property,

the basis is the cost of such property, or in the case of property which should be

included in the inventory, its latest inventory value. But in the case of property

acquired before March 1, 1913, when its fair market value as of that date is in excess

of its cost, the gain to be included in gross income is the excess of the amount realized

therefor over such fair market value. (See illustration I, Section 137 of these

regulations). Also in the case of property acquired before March 1, 1913, when its fair

market value as of that date is lower than its cost the deductible loss is the excess of

such fair market value over the amount realized therefor. (See Illustration II, Id.). No

gain or loss is recognized in the case of property sold or exchanged (a) at more than

cost but less than its fair market value as of March 1, 1913 (See Illustration III, Id.), or

(b) at less than cost but at more than its fair market value as of March 1, 1913. (See

Illustration IV, Id., Id., Id.) In any case proper adjustment must be made in computing

gain or loss from the exchange or sale of property for any depreciation or depletion

sustained and allowable as deduction in computing net income; the amount of

depreciation previously charged off by the taxpayer shall be deemed to be true

depreciation sustained unless shown by clear and convincing evidence to be incorrect.

What the fair market value of property was as of March 1, 1913, is a question of fact

to be established by evidence which will reasonably and adequately make it appear.

The nature and extent of the sales and the circumstances under which they were made

should be considered. Prices received at forced sales or for small lots of property may

be and often are no real indication of the value of the amount of property in question.

For instance, sales from time to time of a small number of shares of stock is little

indication of the value of a large or controlling interest in the corporation. If the

taxpayer can not determine the cost of securities purchased prior to March 1, 1913,

because of the loss, destruction, or failure to keep records, the value of the securities

at the date of approximate date of acquisition may be used in determining the cost

basis for purposes of computing the gain or loss from the sale of the securities. When

the date or approximate date of acquisition is unknown, no general rule can be stated

for determining the cost value of such securities. Each case must be considered

separately upon its own facts.

SECTION 137. Illustrations of the computation of gain or loss from the sale


or exchange of property acquired prior to March 1, 1913. — To avoid complexity no

adjustment has been made in these examples for depreciation or depletion.

In the case of property acquired before March 1, 1913, when its fair market

value as of that date is in excess of its cost, the taxable gain is the excess of the

amount realized therefor over such fair market value.

ILLUSTRATION I

Fair Market

Cost Value Sale Price Taxable gain

Mar. 1, 1913

P20,000 P30,000 P40,000 P10,000

Excess of amount realized over fair

market value as of March 1, 1913.

Gain attributed to the period prior

to March 1, 1913 not taxable.

In the case of property acquired before March 1, 1913, when its fair market

value as of that date is lower than its cost, the deductible loss is the excess of such fair

market value over the amount realized therefor.

ILLUSTRATION II

Fair Market


Mar. 1, 1913

P20,000 P10,000 P6,000 P4,000

Excess of fair market value over

amount realized. Loss attributable to

the period prior to March 1, 1913, not

deductible.

No gain or loss is recognized in the case of property acquired before March 1,

1913, and sold or disposed of at more than cost but at less than its fair market value as

of that date.

ILLUSTRATION III

Fair Market


Mar. 1, 1913


P20,000 P60,000 P40,000 No taxable gain or deductible loss.

Reason: A gain on whole transaction,

which gain is attributed to period prior

to March 1,1913.

No gain or loss is recognized in the case of property acquired before March 1,

1913, and sold or disposed of at less than cost but at more than its fair market value as

of that date.

ILLUSTRATION IV

Fair Market


Mar. 1, 1913

P20,000 P6,000 P10,000 No taxable gain or deductible loss.

Reason: A loss on whole transaction,

which loss is attributable to period

prior to March 1, 1913.

Where the cost is equal to or greater than the fair market value as of March 1,

1913, and the selling price exceeds the cost, the gain to be included in gross income is

the excess of the selling price over the cost.

ILLUSTRATION V

Fair Market


Mar. 1, 1913

P20,000 P10,000 P40,000 P20,000

Reason: Gain on whole transaction,

all of which is attributable to period

subsequent to March 1, 1913.

Where the fair market value as of March 1, 1913, is equal to or greater than the

cost and the selling price is less than the cost, the deductible loss is the amount by

which the cost exceeds the selling price.

ILLUSTRATION VI

Fair Market


Mar. 1, 1913

P20,000 P30,000 P10,000 P10,000


Reason: Loss on whole transaction, all

of which is attributable to period

subsequent to March 1, 1913. Only

actual loss sustained deductible.

SECTION 138. Sale of property acquired by gift. — In computing the gain

or loss from the sale or other disposition of property acquired by gift, the basis shall

be the selling price and the fair market value of the property at the time the gift was

made, or its fair market value as of March 1, 1913, if acquired prior thereto,

determined in accordance with the next two preceding sections. In the case of gifts

made on or after July 1, 1939, the value taken as a basis for gift tax purposes shall be

considered as the fair market value in computing gain or loss from the sale or other

disposition of the property.

SECTION 139. Sale of property acquired by devise, bequests, or

inheritance. — In computing the gain or loss from the sale or other disposition of

property acquired by devise, bequest, or inheritance, the basis shall be the fair market

price or value of such property at the time of the death of the decedent. The term

"property acquired by bequest, devise, or inheritance" as used herein includes (a) such

property interests as the taxpayer has received as the result of a transfer, or creation of

a trust, in contemplation of or intended to take effect in possession or enjoyment at or

after death, and (b) such property interest as the taxpayer has received as the result of

the exercise by a person of a general power of appointment (1) by will, or (2) by deed

executed in contemplation of or intended to take effect in possession or enjoyment at

or after death. In the case of property acquired by gift, bequest, devise, or inheritance,

prior to March 1, 1913, the taxable gain or deductible loss from the sale or other

disposition thereof shall be computed in accordance with sections 136 and 137 of

these regulations. In the case of property acquired by bequest, devise or inheritance,

its value as appraised for the purpose of the inheritance tax shall be deemed to be its

fair market value when acquired. DaIACS

SECTION 140. Exchange of property. — Gain or loss arising from the

acquisition and subsequent disposition of property is realized only when as the result

of a transaction between the owner and another person the property is converted into

other property (a) that is essentially different from the property disposed of, and (b)

that has a market value. The requirement that the property received in exchange must

be "essentially different from the property disposed of" implies that there must be a

change in substance and not merely a change in form. By way of illustration, if a

taxpayer owning ten shares of stock exchanges his stock certificate for a voting trust


certificate, no income is realized. The term "market value" means the fair value of the

property in money as between one who wishes to purchase and one who wishes to

sell. It is not, however, what can be obtained for the property when the owner is under

peculiar compulsion to sell or the purchaser to buy; nor is it a purely speculative value

which an owner could not reasonably expect to obtain for the property although he

might possibly be fortunate enough to do so. "Market value" is the price at which a

seller willing to sell at a fair price and a buyer willing to buy at a fair price, both

having reasonable knowledge of the facts, will trade. Evidence as to the assets and

liabilities of a corporation and as to its earnings may furnish definite indications of the

market value of its stock.

SECTION 141. Determination of gain or loss from the exchange of

property. — The amount of income derived or loss sustained from an exchange of

property is the difference between the market value at the time of the exchange of the

property received in exchange and the original cost, or other basis, of the property

exchange. If the property exchanged was acquired prior to March 1, 1913, see

Sections 136 and 137 of these regulations.

SECTION 142. Readjustment of interest in a registered copartnership. —

When a partner retires from a duly registered copartnership, or the partnership is

dissolved, he realizes a gain or loss measured by the difference between the price

received for his interest and the cost to him of his interest in the partnership including

in such cost the amount of his share in any undistributed partnership net income

earned since he became a partner on which the income tax has been paid. However, if

such interest in the partnership was acquired prior to March 1, 1913, both the cost as

hereinbefore provided and the amount of such interest as of date, plus the amount of

the shares in any undistributed partnership net income earned since March 1, 1913, on

which the income tax has been paid, shall be ascertained and the taxable gain derived

or the deductible loss sustained shall be computed as provided in Sections 136 and

137 of these regulations. If the partnership distributes its assets in kind and not in

cash, the partner realizes gain or suffers loss according to the market value of the

property received in liquidation. Whenever a new partner is admitted, to a partnership,

or any existing partnership is reorganized, the facts as to such change or

reorganization should be fully set forth in the next return of income, in order that the

Commissioner of Internal Revenue may determine whether any gain or loss has been

realized by any partner.

SECTION 143. Basis of stock or securities acquired in "wash sales". — In

the sale or other disposition of stocks or securities the acquisition of which (or the


contract or option to acquire which) resulted in the non deductibility of the loss from

the sale or other disposition of substantially identical stock or securities the basis shall

be the basis of the substantially identical stock so sold or disposed of, increased or

decreased, as the case may be, by the difference, if any, between the price at which the

stock or securities was acquired and the price at which such substantially identical

stock or securities were sold or otherwise disposed of. The application of this rule

may be illustrated by the following examples:

EXAMPLE (1): A purchased a share of common stock of the X Corporation

for P100 in 1936, which he sold January 15, 1940, for P80.00. On February 1, 1940,

he purchased a share of common stock of the same corporation for P90.00. No loss

from the sale is recognized under Section 33 of the Code. The basis of the new share

is P110; that is, the basis of the old share (P100) increased by P10, excess of the price

at which the new share was acquired (P90) over the price at which the old share was

sold (P80).

EXAMPLE (2): A purchased a share of common stock of the X corporation for

P100 in 1936, which he sold January 15, 1940, for P80. On January 1, 1940, he

purchased a share of common stock of the same corporation for P70. No loss from the

sale is recognized under Section 33 of the Code. The basis of the new share is P90;

that is, the basis of the old share (P100) decreased by P10, the excess of the price at

which the old share was sold (P80) over the price at which the new share was acquired

(P70). (See Section 131 of these regulations).

SECTION 143-A. Excerpts from B.I.R. General Circular No. V-253 publishing

Republic Act No. 1921 amending Section 35 of the Code, particularly subsection (c)

thereof:

Features of the Amendment

1. Before and after the amendment. — Under the provisions of subsection

(c) of Section 35 of the National Internal Revenue Code, before its amendment by

Republic Act No. 1921, when property is exchanged for another property, the property

received in exchange shall, for the purpose of determining gain or loss, be treated as

the equivalent of cash to the amount of its fair market value.

Paragraph 1 of subsection (c) of section 35 of the Tax Code after the

amendment states the general rule that upon the sale or exchange of property, the

entire amount of gain or loss as the case may be, is recognized, while paragraphs 2

and 3 give the exceptions where gain or loss is not recognized, or gain is recognized


only in part.

2. Exceptions to the rule recognizing gain or loss in exchanges of property

solely in kind. — Under paragraph 2 of subsection (c) of Section 35 of the Tax Code

after its amendment by Republic Act No. 1921, no gain or loss shall be recognized in

the following cases of exchanges made in pursuance of a plan of merger or

consolidation:

(a) By a corporation: If a corporation, a party to a merger or consolidation,

in pursuance of such plan of merger or consolidation, exchanges

property solely for stock in another corporation, a party to the merger or

consolidation.

(b) By a shareholder: A shareholder who exchanges his stock in a

corporation which is a party to the merger or consolidation solely for

stock of another corporation, also a party to the merger or consolidation.

(c) By a security holder: A security holder of a corporation which is a party

to the merger or consolidation, who exchanges his securities in such

corporation solely for stock or securities in another corporation, a party

to the merger or consolidation.

3. Recognition of gain in part but not loss, where exchanges are not solely in

kind.

(a) By a shareholder or security holder. — If in connection with an

exchange made by a shareholder or security holder described in the

above exceptions, he receives not only stock or securities, permitted to

be received without recognition of loss or gain, but also money and/or

other property, then the gain, if any, to the recipient shall be recognized,

but in an amount not in excess of the sum of money and the fair market

value of such other property. The loss, if any, to the shareholder or

security holder from such an exchange is not to be recognized to any

extent. However, if the distribution of such other property and/or money

to a shareholder in the course of a merger or consolidation has the effect

of the distribution of a taxable dividend, there shall be taxed to the

distributee as a taxable dividend such an amount of the gain recognized

on the exchange as is not in excess of the distributee's ratable share of

the undistributed earnings and profits of the corporation, and as a capital


gain, the remainder, if any, of the gain so recognized.

Example: A, in connection with a merger or consolidation in 1957

exchanges a share of stock in the X Corporation (a party to the merger

or consolidation) purchased in 1939 at a cost of P100 for a share of

stock of the Y Corporation (also a party to the merger or consolidation),

which has a fair market value of P90, plus P20 in cash. The gain from

the transaction is P10 and is recognized and taxed as a gain from the

exchange of property. However, if the share of stock received had a fair

market value of P70, the loss from the transaction of P10 would not be

recognized.

(b) By a corporation. — If, in pursuance of a plan of merger or

consolidation above described, the transferor corporation receives not

only stock permitted to be received without the recognition of gain or

loss, but also money and/or other property, then, if such money and/or

other property received by the corporation is distributed by it pursuant to

the plan of merger or consolidation, no gain to the said corporation will

be recognized. If the other property and/or money received by the

corporation is not distributed by it pursuant to the plan of merger and

consolidation, the gain, if any, to the corporation from the exchange will

be recognized in an amount not in excess of the sum of money and the

fair market value of the other property so received which is not

distributed. In either case no loss from the exchange will be recognized.

4. Assumption of liability. — Where upon an exchange described in the

foregoing exceptions, a taxpayer receives stock or securities which would be

permitted to be received without the recognition of gain if it were the sole

consideration, and as part of the consideration, another party to the exchange assumes

a liability of the taxpayer, or acquires from the taxpayer property subject to a liability,

such assumption or acquisition shall not be considered as money and/or other

property, and shall not prevent the exchange from being within the exceptions.

Accordingly, the assumption of the aforesaid liabilities is not to be treated as other

property or money for the purpose of determining the amount of realized gain.

5. Basis of stock or securities for the purpose of determining gain or loss

upon subsequent sale.

(a) By the transferor corporation, or its shareholder or security holder. —

The basis of the stock or securities received by the transferor corporation or its


shareholder or security holder upon the exchange specified in the above exceptions

shall be the same as the basis of the property, stock or securities exchanged decreased

by the money received and the fair market value of the other property received, and

increased by the amount treated as dividend of the shareholder and the amount of any

gain that was recognized on the exchange. The other property or "boot" received in

exchange shall have as basis its fair market value.

Examples: 1. A purchased a share of stock in the X Corporation in 1939 for

P100. Pursuant to a plan of merger or consolidation, A in 1957 exchanged his share

for one share in the Y Corporation, worth P90 and P30 in cash. A realized a gain of

P20 upon the exchange. The basis of the share of stock in the Y Corporation is P90,

that is, the basis of the share in the X Corporation (P100) less the amount of money

received by A (P30) plus the amount of the gain recognized on the exchange (P20).

2. A purchased a share of stock in the X Corporation in 1939 for P100. Upon

a merger or consolidation of the X Corporation in 1957, A received in place of his

stock in the X Corporation a share of stock in the Y Corporation worth P60, a

Treasury Bond worth P50, and in addition P20 in cash. A realized a gain of P30 upon

the exchange. The basis of the property received in exchange is the basis of the old

stock decreased in the amount of money received (P20) and increased in the amount

of gain that was recognized (P30), which results in a basis for the property received of

P110. This basis of P110 is apportioned between the Treasury Bond and the share of

stock, the basis of the Treasury Bond being its fair market value at the date of the

exchange, P50, and of the share of stock, the remainder, P60.

(b) By the transferee. — The basis of the property transferred in the hands of

the transferee shall be the same as it would be in the hands of the transferor, increased

by the amount of the gain recognized to the transferor on the transfer.

(c) If corporation shareholder or security holder received several kinds of

stock or securities. — When securities of a single class were exchanged for new

securities of different classes where no gain or loss was recognized, the proper

method of apportionment is to allocate to each class of new securities that proportion

of the original basis which the market value of the particular class bears to the market

value of all securities received on the date of the exchange, for purposes of

determining the gain or loss on the subsequent sale of any of the new securities. For

example, if 100 shares of common stock par value P100, are exchanged for 50 shares

of preferred and 50 shares of common each of P100 par value, and the cost of the old

stock was P250 per share, or P25,000, but the market value of the preferred stock on


the date of the exchange was P110 per share, or P5,500 for the 50 shares, and the

market value of the common was P440 per share or P22,000 for the 50 shares of

common, one-fifth of the original cost, or P5,000, would be regarded as the cost of the

preferred and four-fifths, or P20,000 as the cost of the common.

As previously shown cash "boot" operates in the first instance to reduce basis.

Then to this result must be added the gain recognized. The remainder is to be

allocated between the several types of stock and securities permitted to be received

without the recognition of gain or loss. To illustrate: The taxpayer in a nontaxable

exchange trades A stock which cost P100 for one share of common stock and one

share of preferred stock of B corporation, together worth P100 (P100 each), and P50

cash. The basis for the share of B common stock will therefore be P50 (1/2 of P100)

and the B preferred stock will likewise take a P50 basis.

6. Definitions:

(a) The term "securities" means bonds and debentures but not "notes" of

whatever class or duration.

(b) The term "merger" or "consolidation" shall be understood to mean the

ordinary merger or consolidation, or the acquisition by one corporation of all or

substantially all the properties of another corporation solely for stock. In order that a

transaction may be regarded as a merger or consolidation within the purview of the

amendment, it must be undertaken for a bona fide business purpose and not solely for

the purpose of escaping the burden on taxation. In determining whether a bona fide

business purpose exists, each and every step of the transaction shall be considered and

the whole transaction or series of transactions shall be treated as a single unit. The

term "property" shall be taken to include the cash assets of the transferor for purpose

of determining whether the property transferred constitutes a substantial portion of the

property of the transferor. "Substantially all" as used under this amendment means the

acquisition by one corporation of at least 80% of the assets, including cash, of another

corporation, which has the element of permanence and not merely momentary

holding.


SECTION 144. Need of inventories. — In order to reflect the net income

correctly, inventories at the beginning and end of each year are necessary in every

case in which the production, purchase or sale of merchandise is an income producing

factor. The inventory should include raw materials and supplies on hand that have


been acquired for sale, consumption, or use in productive processes together with all

finished or partly finished goods. Only merchandise title to which is vested in the

taxpayer should be included in his inventory. Accordingly the seller should include in

his inventory goods under contract for sale but not yet segregated and applied to the

contract and goods out upon consignment, but should exclude from inventory goods

sold, title to which has passed to the purchaser. A purchaser should include in

inventory merchandise purchased, title to which has passed to him although such

merchandise is in transit or for other reasons has not been reduced to physical

possession, but should not include goods ordered for future delivery transfer of title to

which has not yet been effected.

SECTION 145. Valuation of inventories. — The law provides two tests to

which each inventory must conform. — (1) It must conform as nearly as possible to

the best accounting practice in the trade or business, and (2) it must clearly reflect the

income. It follows, therefore, that inventory rules can not be uniform but must give

effect to trade customs which come within the scope of the best accounting practice in

the particular trade or business. In order to clearly reflect income, the inventory

practice of a taxpayer should be consistent from year to year, and greater weight is to

be given to consistency than to any particular method of inventory or basis of

valuation, as long as the method or basis used is substantially in accord with these

regulations. An inventory that can be used under the best accounting practice in a

balance sheet showing the financial position of the taxpayer is, as a general rule,

regarded as clearly reflecting his income.

The bases of valuation most commonly used by business concerns and which

meet the requirements of the Income Tax Law are (a) cost price or (b) cost or market

price, whichever is the lower. Any goods in an inventory which are unsalable at

normal prices or unusable in the normal way because of damage, imperfections, shop

wear, changes of style, odd or broken lots, or other similar causes, including second

hand goods taken in exchange, should be valued at "bona fide" selling prices whether

basis (a) or (b) is used, or if such goods consist of raw materials or partly finished

goods held for use or consumption, they should be valued upon a reasonable basis,

taking into consideration the usability and the condition of the goods, but in no case

shall such value be less than the scrap value. "Bona fide" selling price means actual

offerings of goods during a period ending not later than thirty days after inventory

date. The burden of proof will rest upon the taxpayer to show that such exceptional

goods as are valued upon such selling bases come within the classifications indicated

above, and he shall maintain such records of the disposition of the goods as will


enable a verification of the inventory to be made. aHTDAc

In respect to normal goods, whichever basis (a) or (b) is adopted must be

applied with reasonable consistency to the entire inventory. Taxpayers were given the

option to adopt either basis (a) or (b) for their 1921 inventories, and the basis adopted

for that year is controlling and a change can now be made after permission is secured

from the Commissioner of Internal Revenue. Goods taken in the inventory which have

been so intermingled that they can not be identified with specific invoices will be

deemed to be either (a) the goods most recently purchased or produced and the cost

thereof will be the actual cost of the goods purchased or produced during the period in

which the quantity of goods in the inventory has been acquired, or (b) where the

taxpayer maintains book inventories in accordance with a sound accounting system in

which the respective inventory accounts are charged with the actual cost of the goods

purchased or produced and credited with the value of the goods used, transferred, or

sold, calculated upon the basis of the actual cost of the goods acquired during the

taxable year (including the inventory at the beginning of the year) the net value as

shown by such inventory accounts will be deemed to be the cost of the goods on hand.

The balances shown by such inventories should be verified by physical inventories at

reasonable intervals and adjusted to conform therewith.

Inventories should be recorded in a legible manner, properly computed and

summarized, and should be preserved as a part of the accounting record of the

taxpayer. The inventories of taxpayers on whatever basis taken will be subject to

investigation by the Commissioner of Internal Revenue and the taxpayer must satisfy

the Commissioner of Internal Revenue of the correctness of the price adopted.

The following methods, among others, that are sometimes used in taking or

valuing inventories, are not in accord with these regulations and therefore their use for

income tax purposes is prohibited, viz.:

(1) Deducting from the inventory a reserve for price changes, or an estimated

depreciation in the value thereof.

(2) Taking work in process, or other parts of the inventory, at a nominal price

or at less than its proper value.

(3) Omitting portions of the stock on hand.

(4) Using a constant price or nominal value for a so called normal quantity of

materials or goods in stock.


(5) Including stock in transit, either shipped to or from the taxpayer, the title

to which is not vested in the taxpayer.

SECTION 146. Inventories at cost price. — Cost means: (1) In the case of

merchandise on hand at the beginning of the taxable year, the inventory price of such

goods.

(2) In the case of merchandise purchased since the beginning of the taxable

year, the invoice price less trade or other discounts, except strictly cash discounts,

approximating a fair interest rate, which may be deducted or not at the option of the

taxpayer, provided a consistent course is followed. To this net invoice price should be

added transportation or other necessary charges incurred in acquiring possession of

the goods.

(3) In the case of merchandise produced by the taxpayer since the beginning

of the taxable year, (a) the cost of raw materials and supplies entering into or

consumed in connection with the products; (b) expenditures for direct labor; (c)

indirect expenses incident to and necessary for the production of the particular article,

including therein a reasonable proportion of management expenses, but not including

any cost of selling or return on capital whether by way of interest or profit.

(4) In any industry in which the usual rules for computation of cost of

production are inapplicable, costs may be approximated upon such basis as may be

reasonable and in conformity with established trade practice in the particular industry.

Among such cases are: (a) Farmers and raisers of livestock; (b) miners and

manufacturers who by a single process or uniform series of processes derive a product

of two or more kinds, size or grade, the unit cost of which is substantially alike; and

(c) retail merchants who use what is known as the "retail method" in ascertaining

approximate cost.

SECTION 147. Inventories at market price. — Under ordinary

circumstances, and for normal goods in an inventory "market price" means the current

bid price prevailing at the date of the inventory for the particular merchandise in the

volume in which usually purchased by the taxpayer and is applicable in the cases (a)

of goods purchased and on hand, and (b) of basic elements of cost (materials, labor,

and burden) in goods in process of manufacture and in finished goods on hand;

exclusive, however, of goods on hand or in process of manufacture for delivery upon

firm sales contracts (i.e., those not legally subject to cancellation by either party) at

fixed prices entered into before the date of the inventory, which goods must be


inventoried at cost. Where no open market exists or where quotations are nominal due

to stagnant market condition, the taxpayer must use such evidence of a fair market

price at the date or dates nearest the inventory as may be available, such as specific

purchase or sales by the taxpayer or others in reasonable volume and made in good

faith, or compensation paid for cancellation of contracts for purchase commitments.

Where the taxpayer in the regular course of business has offered for sale such

merchandise at prices lower than the current price as above defined, the inventory may

be value at such prices and the correctness of prices will be determined by reference

to the actual sales of the taxpayer for a reasonable period before and after the date of

the inventory. Prices which vary materially from the actual prices so ascertained will

not be accepted as reflecting the market price.

SECTION 148. Inventories by dealers in securities. — A dealer in securities

who in his books of account regularly inventories unsold securities on hand either —

(a) At cost;

(b) At, cost or market, whichever is lower; or

(c) At market value.

may make his return upon the basis upon which his accounts are kept; provided

that a description of the method employed shall be included in or attached to the

return, that all the securities must be inventoried by the same method, and that such

method must be adhered to in subsequent years, unless another method be authorized

by the Commissioner of Internal Revenue. A dealer in securities in whose books of

accounts separate computations of the gain or loss from the sale of the various lots of

securities sold are made on the basis of the cost of each lot shall be regarded, for the

purposes of this section, as regularly inventorying his securities at cost. For the

purposes of this rule a dealer in securities is a merchant of securities, whether an

individual, partnership; or corporation, with an established place of business, regularly

engaged in the purchase of securities and their resale to customers; that is, one who as

a merchant buys securities and sells them to customers with a view to the gains and

profits that may be derived therefrom. If such business is simply a branch of the

activities carried on by such person, the securities inventoried as here provided may

include only those held for purposes of resale and not for investment. Taxpayers who

buy and sell or hold securities for investment or speculation, irrespective of whether

such buying or selling constitutes the carrying on of a trade or business, and officers

of corporations and members of partnerships who in their individual capacities buy


and sell securities, are not dealers in securities within the meaning of this rule.

SECTION 149. Inventories of livestock raisers and other farmers. — (1)

Farmers may change the basis of their returns from that of receipts and disbursements

to that of an inventory basis, which necessitates the use of opening and closing

inventories for the year in which the change is made. There should be included in the

opening inventory all farm products (including livestock) purchased or raised which

were on hand at the date of the inventory, but inventories must not include real estate,

buildings, permanent improvements, or any other fixed assets. DEICTS

(2) Because of the difficulty of ascertaining actual cost of livestock and other

farm products, farmers who render their returns upon an inventory basis may at their

option value their inventories for the current taxable year according to the "farm-price

method" which provides for the valuation of inventories at market price less cost of

marketing. If the use of the "farm-price method" of valuing inventories for any taxable

year involves a change in method of pricing inventories from that employed in prior

years, the opening inventory for the taxable year in which the change is made should

be brought in at the same value as the closing inventory for the preceding taxable year.

If such valuation of the opening inventory for the taxable year in which the change is

made results in an abnormally large income for that year, there may be submitted with

the return for such taxable year an adjustment statement for the preceding year based

on the "farm-price method" of valuing inventories; upon the amount of which

adjustments the tax, if any be due, shall be assessed and paid at the rate of tax in effect

for such preceding year.

(3) Where returns have been made in which the taxable net income has been

computed upon incomplete inventories, the abnormality should be corrected by

submitting with the return for the current taxable year a statement for the preceding

year in which such adjustments shall be made as are necessary to bring the closing

inventory for the preceding year into agreement with opening complete inventory for

the current taxable year.

SECTION 150. Inventories of miners and manufacturers. — A taxpayer

engaged in mining or manufacturing who by a single process or uniform series of

processes derives a product of two or more kinds, sizes or grades, the unit cost of

which is substantially alike, and who in conformity to a recognized trade practice

allocates an amount of cost to each kind, size, or grade of product which in the

aggregate will absorb the total cost of production, may use such allocated cost a the

basis for pricing inventories, provided such allocation bears a reasonable relation to


the respective selling values of the different kinds of products.

SECTION 151. Inventories of retail merchants. — Retail merchants who

employ what is known as the "retail method" of pricing inventories may make their

returns upon that basis, provided that the use of such method, is designated upon the

returns, that accurate accounts are kept and that such method is consistently adhered

to unless a change is authorized by the Commissioner of Internal Revenue. Under this

method the goods in the inventory are ordinarily priced at the selling prices and the

total retail value of the goods in each department or of each class of goods is reduced

to approximate cost by deducting the percentage which represents the difference

between the retail selling value and the purchase price. This percentage is determined

by departments of a store or by classes of goods, and should represent as accurately as

may be the amounts added to the cost prices of the goods to cover selling and other

expenses of doing business and for the margin of profit. In computing the percentage

above mentioned, proper adjustment should be made for all mark-ups and

mark-downs.

A taxpayer maintaining more than one department in his store or dealing in

classes of goods carrying different percentages of gross profit should not use a

percentage of profit based upon an average of his entire business but should compute

and use in valuing his inventory the proper percentages for the respective departments

or classes of goods.


SECTION 152. Income from sources within the Philippines. — The law

divides the income of taxpayers into three classes:

(1) Income which is derived in full from sources within the Philippines;

(2) Income which is derived in full from sources without the Philippines; and

(3) Income which is derived partly from sources within and partly from

sources without the Philippines.

Non-resident alien individuals and foreign corporations are taxable only upon

income from sources within the Philippines. Citizens and residents of the Philippines

and domestic corporations are taxable upon income derived from sources both within

and without the Philippines.

The taxable income from sources within the Philippines includes that derived


in full from sources within the Philippines and that portion of the income which is

derived partly from sources within and partly from sources without the Philippines

which is allocated or apportioned to sources within the Philippines.

SECTION 153. Interest. — Interest on bonds or notes or other interest

bearing obligations of residents, corporate or otherwise, constitutes income from

sources within the Philippines.

SECTION 154. Dividends. — Gross income from sources within the

Philippines includes dividends, as defined by Section 83 of the Code:

(a) From a domestic corporation; and

(b) From a foreign corporation unless less than 50 per cent of its gross

income for the three-year period ending with the close of its taxable year preceding

the declaration of such dividends, or for such part of such period as it has been in

existence, was derived from sources within the Philippines; but only in an amount

which bears the same ratio to such dividends as the gross income of the corporation

for such period derived from sources within the Philippines bears to its gross income

from all sources.

Dividends will be treated as an income from sources within the Philippines

unless the taxpayer submits sufficient data to establish to the satisfaction of the

Commissioner of Internal Revenue that they should be excluded from gross income

under Section 37(a)(2)(B).

SECTION 155. Compensation for labor or personal services. — Gross

income from sources within the Philippines includes compensation for labor or

personal services performed within the Philippines regardless of the residence of the

payor, of the place in which the contract for service was made, or of the place of

payment. If a specific amount is paid for labor or personal services performed in the

Philippines, such amount shall be included in the gross income. If no accurate

allocation or segregation of compensation for labor or personal services performed in

the Philippines can be made, or when such labor or service is performed partly within

and partly without the Philippines, the amount to be included in the gross income shall

be determined by an apportionment of the time basis, i.e., there shall be included in

the gross income an amount which bears the same relation to the total compensation

as the number of days of performance of the labor or services within the Philippines

bears to the total number of days performance of labor or services for which the

payment is made. Wages received for services rendered inside the territorial limits of


the Philippines and wages of an alien seaman earned on a coastwise vessel are to be

regarded as from sources within the Philippines.

SECTION 156. Rentals and royalties. — Gross income from sources within

the Philippines includes rentals or royalties from property located within the

Philippines or from any interest in such property, including rentals or royalties for the

use of or the privilege of using in the Philippines, patents, copyrights, secret processes

and formulas, goodwill, trademarks, trade brands, franchises, and other like property.

The income arising from the rental of property whether tangible or intangible located

within the Philippines, or from the use of property, whether tangible or intangible,

located within the Philippines, is from sources within the Philippines.

SECTION 157. Sale of real property. — Gross income from sources within

the Philippines includes gain, computed under the provisions of Section 35, derived

from the sale or other disposition of real property located in the Philippines. For the

treatment of capital gains and losses, see Sections 132 to 135 of these regulations.

SECTION 158. Income from sources without the Philippines. — Gross

income from sources without the Philippines includes:

(1) Interest other than that specified in Section 37(a)(1), as being derived

from sources within the Philippines;

(2) Dividends other than those derived from sources within the Philippines as

provided in Section 37(a)(2);

(3) Compensation for labor or personal services performed without the

Philippines;

(4) Rentals or royalties derived from property without the Philippines or from

any interest in such property, including rentals or royalties for the use of or for the

privilege of using without the Philippines, patents, copyrights, secret processes and

formulas, goodwill, trade-marks, trade brands, franchises, and other like property; and

(5) Gain derived from the sale of real property located without the

Philippines.

SECTION 159. Sale of personal property. — Income derived from the

purchase and sale of personal property shall be treated as derived entirely from the

country in which sold. The world "sold" includes "exchanged". The "country in which

sold" ordinarily means the place where the property is marketed. This section does not


apply to income from the sale of personal property produced (in whole or in part) by

the taxpayer within and sold without the Philippines or produced (in whole or in part)

by the taxpayer without and sold within the Philippines. (See Section 162 of these

regulations.)

SECTION 160. Apportionment of deductions. — From the items specified

in Section 37(a) as being derived specifically from sources within the Philippines

there shall be deducted the expenses, losses, and other deductions properly

apportioned or allocated thereto and a ratable part of any other expenses, losses or

deductions which can not definitely be allocated to some item or class of gross

income. The remainder shall be included in full as net income from sources within the

Philippines. The ratable part is based upon the ratio of gross income from sources

within the Philippines to the total gross income.

EXAMPLE: A non-resident alien individual whose taxable year is the calendar

year, derived gross income from all sources for 1939 of P180,000, including therein:

Interest on bonds of a domestic corporation P9,000

Dividends on stock of domestic corporation 4,000

Royalty for the use of patents within the Philippines 12,000

Gain from sale of real property located within the Philippines 11,000

————

Total P36,000

that is, one-fifth of the total gross income was from sources within the Philippines.

The remainder of the gross income was from sources without the Philippines,

determined under Section 37(c).

The expenses of the taxpayer for the year amounted to P78,000. Of these

expenses the amount of P8,000 is properly allocated to income from sources within

the Philippines and the amount of P40,000 is properly allocated to income from

sources without the Philippines.

The remainder of the expense, P30,000, cannot be definitely allocated to any

class of income. A ratable part thereof, based upon the relation of gross income from

sources within the Philippines to the total gross income, shall be deducted in

computing net income from sources within the Philippines. Thus, there are deducted

from the P36,000 of gross income from sources within the Philippines expenses

amounting to P14,000 (representing P8,000 properly apportioned to the income from

sources within the Philippines and P6,000, a ratable part (one-fifth) of the expenses

which could not be allocated to any item or class of gross income). The remainder,


P22,000, is the net income from sources within the Philippines.

SECTION 161. Other income from sources within the Philippines. — Items

of gross income other than those specified in Section 37(a) and (c) shall be allocated

or apportioned to sources within or without the Philippines, as provided in Section

(37)(e).

The income derived from the ownership or operation of any farm, mine, oil or

gas well, other natural deposit, or timber, located within the Philippines, and from the

sale by the producer of the products thereof within or without the Philippines, shall

ordinarily be included in gross income from sources within the Philippines. If,

however, it is shown to the satisfaction of the Commissioner of Internal Revenue that

due to the peculiar conditions of productions and sale in a specific case or for other

reasons all of such gross income should not be allocated to sources within the

Philippines and to sources without the Philippines shall be made as provided in

Section 162 of these regulations.

Where items of gross income are separately allocated to sources within the

Philippines, there shall be deducted therefrom, in computing net income, the

expenses, losses, and other deductions properly apportioned or allocated thereto and a

ratable part of other expenses, losses, or other deductions which cannot definitely be

allocated to some item or class of gross income.

SECTION 162. Income from the sale of personal property derived from

sources partly within and partly without the Philippines. — Items of gross income not

allocated by Sections 152 to 159 or 161 of these regulations to sources from within or

without the Philippines shall (unless unmistakably from a source within or a source

without the Philippines) be treated as derived from sources partly within and partly

without the Philippines. EcICSA

The portion of such income derived from sources partly within the Philippines

and partly within a foreign country which is attributable to sources within the

Philippines shall be determined according to the following rules and cases:

PERSONAL PROPERTY PRODUCED AND SOLD: — Gross income

derived from the sale of personal property produced (in whole or in part) by the

taxpayer within the Philippines and sold within a foreign country, or produced (in

whole or in part) by the taxpayer within a foreign country and sold within the

Philippines shall be treated as derived partly from sources within the Philippines and

partly from sources within a foreign country under one of the cases below. As used


herein the word "produced" includes created, fabricated, manufactured, extracted,

processed, cured, or aged.

CASE 1. Where the manufacturer or producer regularly sells a part of his

output to wholly independent distributors or other selling concerns in such a way as to

establish fairly an independent factory or production price — or shows to the

satisfaction of the Commissioner of Internal Revenue that such an independent factory

or production price has been otherwise established — unaffected by considerations of

tax liability, and the selling or distributing branch or department of the business is

located in a different country from that in which the factory is located or the

production carried on, the net income attributable to sources within the Philippines

shall be computed by an accounting which treats the products as sold by the factory or

productive department of the business to the distributing or selling department at the

independent factory price as established. In all such cases the basis of the accounting

shall be fully explained in a statement attached to the return.

CASE 2. Where an independent factory or production price has not been

established as provided under Case 1, the net income shall first be computed by

deducting from the gross income derived from the sale of personal property produced

(in whole or in part) by the taxpayer within the Philippines and sold within a foreign

country or produced (in whole or in part) by the taxpayer within a foreign country and

sold within the Philippines, the expenses, losses, or other deductions properly

apportioned or allocated thereto and a ratable part of any expenses, losses, or other

deductions which can not definitely be allocated to some item or class of gross

income. Of the amount of net income so determined, one-half shall be apportioned in

accordance with the value of the taxpayer's property within the Philippines and within

the foreign country, the portion attributable to sources within the Philippines being

determined by multiplying such one half by a fraction the numerator of which consists

of the value of the taxpayer's property within the Philippines, and the denominator of

which consists of the value of the taxpayer's property both within the Philippines and

within the foreign country. The remaining one-half of such net income shall be

apportioned in accordance with the gross sales of the taxpayer within the Philippines

and within the foreign country, the portion attributable to sources within the

Philippines being determined by multiplying such one-half by a fraction the numerator

of which consists of the taxpayer's gross sales for the taxable year or period within the

Philippines, and the denominator of which consists of the taxpayer's gross sales for the

taxable year, or period both within the Philippines and within the foreign country. The

"gross sales of the taxpayer within the Philippines" means the gross sales made during

the taxable year which were principally secured, negotiated, or effected by employees,


agents, offices, or branches of the taxpayer's business resident or located in the

Philippines. The term "gross sales" as used in this paragraph refers only to the sales of

personal property produced (in whole or in part) by the taxpayer within the Philippines

and sold within a foreign country or produced (in whole or in part) by the taxpayer

within a foreign country and sold within the Philippines, and the term "property"

includes only the property held or used to produce income which is derived from such

sales. Such property should be taken at its actual value, which in the case of property

valued or appraised for purposes of inventory, depreciation, depletion, or other

purposes of taxation shall be the highest amount at which so valued or appraised, and

which in other cases shall be deemed to be its book value in the absence of affirmative

evidence showing such value to be greater or less than the actual value. The average

value during the taxable year or period shall be employed. The average value of

property as above prescribed at the beginning and end of the taxable year or period

ordinarily may be used, unless by reason of material changes during the taxable year

or period such average does not fairly represent the average for such year or period, in

which event the average shall be determined upon a monthly or daily basis. Bills and

accounts receivable shall (unless satisfactory reason for a different treatment is

shown) be assigned or allocated to the Philippines when the debtor resides in the

Philippines.

CASE 3. Applications for permission to base the return upon the taxpayer's

books of account will be considered by the Commissioner of Internal Revenue in the

case of any taxpayer who, in good faith and unaffected by considerations of tax

liability, regularly employs in his books of account a detailed allocation of receipts

and expenditures which reflects more clearly than the processes or formulas herein

prescribed, the income derived from sources within the Philippines.

SECTION 163. Foreign steamship companies. — The returns of foreign

steamship companies whose vessels touch ports of the Philippines should include as

gross income, the total receipts of all out-going business whether freight or

passengers. With the gross income thus ascertained, the ratio existing between it and

the gross income from all parts, both within and without the Philippines of all vessels,

whether touching ports of the Philippines or not, should be determined as the basis

upon which allowable deductions may be computed, the principle being that allowable

deductions shall be computed upon a basis which recognizes that the income arising

and accruing from business done if any from this country shall bear its share, and no

more, of expense, incident to the earning or creation of such income, in the ratio that

the gross income arising in and from this country bears to the entire gross income

arising from business done both within and without this country. In other words, the


net income of a foreign steamship company doing business in or from this country is

ascertained for the purpose of the income tax, by deducting from the gross receipts

from outgoing business such a portion of the aggregate expenses, losses, etc., as such

receipts bear to the aggregate receipts from all ports of all vessels, including in each

case incoming of a nonshipping character but incidental, to the shipping business such

as dividends from investments, interests on deposits, etc. For example —

Given

(a) Gross receipts from outgoing freights and passengers

from P.I. ports P20,000

(b) Gross receipts from outgoing freights and passengers

from all ports other than those of P. I 200,000

(c) Interests and other nonshipping income received by P.I.

office 5,000

(d) Interests, dividends, and other nonshipping income received

by all offices other than those in P.I. 50,000

(e) Total expenses and deductions of the company as a whole,

including those incurred by P.I. office 150,000

Computation of P.I. Net Income

(f) P.I. Gross Income:

Freights and passengers P20,000

Interest and other income 5,000

———

Total 25,000

(g) P.I. expenses:

P.I. gross income

—————————— x World's expenses, or

World's gross income

20,000 plus 5,000

—————————————————— x 150,000, or

200,000 plus 20,000 plus 50,000 plus 5,000

25,000

————— x 150,000 = 13,636

275,000

(h) P.I. net income:

P.I. gross income less P.I. expenses, or

P25,000 less P13,636 = P11,364


SECTION 164. Telegraph and cable service. — A foreign corporation

carrying on the business of transmission of telegraph or cable messages between

points in the Philippines and points outside the Philippines derives income partly from

sources within and partly from sources without the Philippines.

(1) GROSS INCOME. — The gross income from sources within the

Philippines derived from such services shall be determined by adding (a) its gross

revenues derived from messages originating in the Philippines and (b) amounts

collected abroad on collect messages originating in the Philippines and deducting

from such sum amounts paid or accrued for transmission of messages beyond the

company's own circuit. Amounts received by the company in the Philippines with

respect to collect messages originating without the Philippines shall be excluded from

gross income.

(2) NET INCOME. — In computing net income from sources within the

Philippines there shall be allowed as deductions from gross income determined in

accordance with paragraph (1): (a) all expenses incurred in the Philippines (not

including any general overhead expenses), incident to the carrying on of the business

in the Philippines; (b) all direct expenses incurred abroad in the transmission of

messages originating in the Philippines (not including any general overhead expenses

or maintenance, repairs, and depreciation of cable and not including any amount

already deducted in computing gross income); (c) depreciation of property (other than

cables) located in the Philippines and used in the trade or business therein; and (d) a

proportionate part of the general overhead expenses [not including any items incurred

abroad corresponding to those enumerated in (a), (b), and (c)], and of maintenance,

repairs, and depreciation of cables of the entire cable system of the enterprise based

on the ratio which the number of words originating in the Philippines bears to the total

words transmitted by the enterprise.

SECTION 165. Computation of income. — If a taxpayer has gross income

from sources within or without the Philippines as defined by Section 37 (a) or (c)

together with gross income derived partly from sources within and partly from sources

without the Philippines, the amounts thereof, together with the expenses and

investment applicable thereto, shall be segregated, and the net income from sources

within the Philippines shall be separately computed therefrom. TcHCIS


SECTION 166. General rule. — The method of accounting regularly


employed by the taxpayer in keeping his books, if such method clearly reflects his

income is to be followed with respect to the time as of which items of gross income

and deductions are to be accounted for. If the taxpayer does not regularly employ a

method of accounting which clearly reflects his income, the computation shall be

made in such manner as in the opinion of the Commissioner of Internal Revenue

clearly reflects it. (See Section 137 of these regulations for computation of net

income, and Section 38 for bases of computation. For the use of inventories, see

Sections 144 to 151 of these regulations.)

SECTION 167. Methods of accounting. — It is recognized that no uniform

method of accounting can be prescribed for all taxpayers, and the law contemplates

that each taxpayer shall adopt such forms and systems of accounting as are in his

judgment best suited to his purpose. Each taxpayer is required by law to make a return

of his true income. He must, therefore, maintain such accounting records as will

enable him to do so. Any approved standard method of accounting which reflects

taxpayer's income may be adopted. Among the essentials are the following:

(1) In all cases in which the production, purchase, or sale of merchandise of

any kind is an income producing factor, inventories of the merchandise on hand

(including finished goods, work in process, raw materials, and supplies) should be

taken at the beginning and end of the year and used in computing the net income of

the year in accordance with Sections 144 to 151 of these regulations;

(2) Expenditures made during the year should be properly classified as

between capital and income; that is to say, expenditures for items of plant, equipment,

etc., which have a useful life extending substantially beyond the year should be

charged to a capital account and not to an expense account; and

(3) In any case in which the cost of capital assets is being recovered through

deductions for wear and tear, depletion, or obsolescence, any expenditure (other than

ordinary repairs) made to restore the property or prolong its useful life should be

added to the property account or charged against the appropriate reserve and not to

current expenses.

SECTION 168. Changes in accounting methods. — The true income,

computed under the law shall in all cases be entered in the return. If for any reason the

basis of reporting income subject to tax is changed, the taxpayer shall attach to his

return a separate statement setting forth for the taxable year and for the preceding year

the classes of items differently treated under the two systems, specifying in particular


all amounts duplicated or entirely omitted as the result of such change.

A taxpayer who changes the method of accounting employed in keeping his

book shall, before computing his income upon such new method for purposes of

taxation, secure the consent of the Commissioner of Internal Revenue. For the

purposes of this action, a change in the method of accounting employed in keeping

books means any change in the accounting treatment of items of income or

deductions, such as a change from cash receipts and disbursements method to the

accrual method, or vice versa; a change involving the basis of valuation employed in

the computation of inventories (see Sections 144 to 151 of these regulations); a

change from the cash or accrual method to the long-term contract method, or vice

versa; a change in the long-term contract method from the percentage of completion

basis to the completed contract basis or vice versa (see Section 44 of these

regulations); or a change involving the adoption of, or a change in the use of, any

other specialized basis of computing net income such as the crop basis. Application

for permission to change the method of accounting employed and the basis upon

which the return is made shall be filed within 90 days after the beginning of the

taxable year to be covered by the return. The application shall be accompanied by a

statement specifying all amounts which would be duplicated or entirely omitted as a

result of the proposed change. Permission to change the method of accounting will not

be granted unless the taxpayer and the Commissioner of Internal Revenue agree to the

terms and conditions under which the change will be effected.

SECTION 169. Accounting period. — Income tax returns, whether for

individuals or for corporations, associations, or partnerships, are required to be made

and their income computed for each calendar year ending on December 31st of every

year. However, corporations, associations, or partnerships may with the approval of

the Commissioner of Internal Revenue first secured, file their returns and compute

their income on the basis of a fiscal year which means an accounting period of twelve

months ending on the last day of any month other than December. But in no instance

shall individual taxpayers be authorized to establish a fiscal year as basis for filing

their returns and computing their income. (For authority to file on fiscal year basis see

Section 172 of these regulations.)


SECTION 170. When included in gross income. — Except as otherwise

provided in Section 39 in the case of the death of a taxpayer, gains, profits, and

income are to be included in the gross income for the taxable year in which they are


received by the taxpayer, unless they are included as of a different period in

accordance with the approved method of accounting followed by him. If a taxpayer

has died there shall also be included in computing net income for the taxable period in

which he died amounts accrued up to the date of his death if not otherwise properly

includible in respect of such period or a prior period, regardless of the fact that the

decedent may have kept his books and made his returns on the basis of cash receipts

and disbursements.

(For income not reduced to possession but considered as constructively

received and for examples of constructive receipt, see Sections 52 and 53 of these

regulations. For the treatment of income from long-term contracts, see Section 44 of

these regulations.)


SECTION 171. "Paid or incurred" and "paid or accrued". — (a) The terms

"paid or incurred" and "paid or accrued" will be construed according to the method of

accounting upon the basis of which the net income is computed by the taxpayer. The

deductions and credits must be taken for the taxable year in which "paid or accrued"

or "paid or incurred", unless in order clearly to reflect the income such deductions or

credits should be taken as of a different period. If a taxpayer desires to claim a

deduction or a credit as of a period other than the period in which it was "paid or

accrued" or "paid or incurred", he shall attach to his return a statement setting forth his

request for consideration of the case by the Commissioner of Internal Revenue

together with a complete statement of the facts upon which he relies. However, in his

income tax return he shall take the deduction or credit only for the taxable period in

which it was actually "paid or incurred", or "paid or accrued", as the case may be.

Upon the audit of the return, the Commissioner of Internal Revenue will decide

whether the case is within the exception provided by the law, and the taxpayer will be

advised as to the period for which the deduction or credit is properly allowable.

(b) The provisions of paragraph (a) of this section in general are not

applicable with respect to the taxable period during which the taxpayer dies. In such

case there shall also be allowed as deductions and credits for such taxable period

amounts accrued up to the date of his death if not otherwise allowable with respect to

such period or a prior period, regardless of the fact that the decedent was required to

keep his books and make his returns on the basis of cash receipts and disbursements.

(See also Section 76 of these regulations.)



SECTION 172. Change of accounting period. — If a corporation, including

a duly registered general co-partnership, desires to change its accounting period from

fiscal year to calendar year or from calendar year to fiscal year, or from one fiscal year

to another, it shall at any time not less than thirty days prior to the date fixed in

Section 46(b) of the Code for the filing of its return on the basis of its original

accounting period submit a written application to the Commissioner of Internal

Revenue designating the proposed date for the closing of its new taxable year,

together with a statement of the date on which the books of account were opened and

closed each year for the past three years, the date on which the taxable year began and

ended as shown on the returns filed for the past three years, and the reasons why the

change in accounting period is desired. (See also Section 46(d) of the Code.)


SECTION 173. Returns for periods of less than twelve months. — No return

can be made for a period of more than twelve months. A separate return for a

fractional part of a year is therefore required whenever there is a change, with the

approval of the Commissioner of Internal Revenue, in the basis of computing net

income from one taxable year to another taxable year. The periods to be covered by

such separate returns in the several cases are stated in Section 42(a). The requirements

with respect to the filing of a separate return and the payment of tax for a part of a

year are the same as for the filing of a return and the payment of tax for a full taxable

year closing at the same time. DAETcC


SECTION 174. Sale of personal property on installment plan. — Dealers in

personal property ordinarily sell either for cash or on the personal credit of the

purchaser or on the installment plan. Dealers who sell on the installment plan usually

adopt one of four ways of protecting themselves in case of default —

(a) By an agreement that title is to remain in the vendor until the purchaser

has completely performed his part of the transaction;

(b) By a form of contract in which title is conveyed to the purchaser

immediately, but subject to a lien for the unpaid portion of the selling price;

(c) By a present transfer of title to the purchaser, who at the same time


executes a reconveyance in the form of a chattel mortgage to the vendor; or

(d) By conveyance to a trustee pending performance of the contract and

subject to its provisions.

The general purpose and effect being the same in all of these cases, the same

rule is uniformly applicable. The general rule prescribed is that a person who regularly

sells or otherwise disposes of personal property on the installment plan, whether or

not title remains in the vendor until the property is fully paid for, may return as

income therefrom in any taxable year that proportion of the installment payments

actually received in that year which the total or gross profit (that is, sales less cost of

goods sold) realized or to be realized when the property is paid for, bears to the total

contract price. Thus the income of a dealer in personal property on the installment

plan may be ascertained by taking as income that proportion of the total payments

received in the taxable year from installment sales (such payments being allocated to

the year against the sales of which they apply) which the total or gross profit realized

or to be realized on the total installment sales made during each year bears to the total

contract price of all such sales made during that respective year. No payments

received in the taxable year shall be excluded in computing the amount of income to

be returned on the ground that they were received under a sale the total profit from

which was returned as income during a taxable year or years prior to the change by the

taxpayer to the installment basis of returning income. Deductible items are not to be

allocated to the years in which the profits from the sales of a particular year are to be

returned as income, but must be deducted for the taxable year in which the items are

"paid or incurred" or "paid or accrued", as provided by Section 40 and 84(q) of the

Code. A dealer who desires to compute his income on the installment basis shall

maintain books of account in such a manner as to enable an accurate computation to

be made on such basis in accordance with the provisions of this section.

The income from a casual sale or other casual disposition of personal property

(other than property of a kind which should properly be included in inventory) may be

reported on the installment basis only if (1) the sale price exceeds P1,000 and (2) the

initial payments do not exceed 25 per cent of the selling price.

If for any reason the purchaser defaults in any of his payments, and the vendor

returning income on the installment basis repossesses the property sold whether title

thereto had been retained by the vendor or transferred to the purchaser, gain or loss for

the year in which the repossession occurs is to be computed upon any installment

obligations of the purchaser which are satisfied or discharged upon the repossession


or are applied by the vendor to the purchase or bid price of the property. Such gain or

loss is to be measured by the difference between the fair market value of the property

repossessed and the basis in the hands of the vendor of the obligations of the

purchaser which are so satisfied, discharged, or applied, with proper adjustment for

any other amounts realized or costs incurred in connection with the repossession. The

basis in the hands of the vendor of the obligations of the purchaser satisfied,

discharged, or applied upon the repossession of the property shall be the excess of the

face value of such obligations over an amount equal to the income which would be

returnable were the obligations paid in full. No deduction for a bad debt shall in any

case be taken on account of any portion of the obligations of the purchaser which are

treated by the vendor as not having been satisfied, discharged, or applied upon the

repossession, unless it is clearly shown that after the property was repossessed the

purchaser remained liable for such portion; and in no event shall the amount of the

deduction exceed the basis in the hands of the vendor of the portion of the obligations

with respect to which the purchaser remained liable after the repossession. If the

property repossessed is bid in by the vendor at a lawful public auction or judicial sale,

the fair market value of the property shall be presumed to be the purchase or bid price

thereof in the absence of clear and convincing proof to the contrary. The property

repossessed shall be carried on the books of the vendor at its fair market value at the

time of the repossession.

If the vendor chooses as a matter of consistent practice to return the income

from installment sales on the straight accrual or cash receipts and disbursement basis,

such a course is permissible.

SECTION 175. Sale of real property involving deferred payments. — Under

Section 43 deferred-payment sales of real property include (a) agreements to purchase

and sale which contemplate that a conveyance is not to be made at the outset, but only

after all or a substantial portion of the selling price has been paid, and (b) sales in

which there is an immediate transfer of title, the vendor being protected by a mortgage

or other lien as to deferred payments. Such sales either under (a) or (b), fall into two

classes when considered with respect to the terms of sale, as follows:

(1) Sales of property on the installment plan, that is, sales in which the

payments received in cash or property other than evidences of indebtedness of the

purchaser during the taxable year in which the sale is made do not exceed 25 per cent

of the selling price.

(2) Deferred-payment sales not on the installment plan, that is sales in which


the payments received in cash or property other than evidences of indebtedness of the

purchaser during the taxable year in which the sale is made exceed 25 per cent of the

selling price.

In the sale of mortgaged property the amount of the mortgage, whether the

property is merely taken subject to the mortgage or whether the mortgage is assumed

by the purchaser, shall be included as a part of the "selling price" but the amount of

the mortgage, to the extent that it does not exceed the basis to the vendor of the

property sold, shall not be considered as a part of the "initial payments" or of the

"total contract price", as those terms are used in Section 43 of the Code, in Sections

174 and 176 of these regulations, and in this section. The term "initial payments" does

not include amounts received by the vendor in the year of sale from the disposition to

a third person of notes given by the vendee as part of the purchase price which are due

and payable in subsequent years. Commissions and other selling expenses paid or

incurred by the vendor are not to be deducted or taken into account in determining the

amount of the "initial payments," the "total contract price", or "the selling price". The

term "initial payments" contemplates at least one other payment in addition to the

initial payment. If the entire purchase price is to be paid in a lump sum in a later year,

there being no payment during the first year, the income may not be returned on the

installment basis. Income may not be returned on the installment basis where no

payment in cash or property, other than evidences of indebtedness of the purchaser, is

received during the first year, the purchaser having promised to make two or more

payments, in later years.

SECTION 176. Sale of real property on installment plan. — In transactions

included in class (1) in the preceding section the vendor may return as income from

such transactions in any taxable year that proportion of the installment payments

actually received in that year which the total profit realized or to be realized when the

property is paid for bears to the total contract price. DAaHET

If the purchaser defaults in any of his payments, and the vendor returning

income on the installment basis reacquires the property sold, whether title thereto had

been retained by the vendor or transferred to the purchaser, gain or loss for the year in

which the reacquisition occurs is to be computed upon any installment obligations of

the purchaser which are satisfied or discharged upon the reacquisition or are applied

by the vendor to the purchase or bid price of the property. Such gain or loss is to be

measured by the difference between the fair market value of the property acquired

(including the fair market value of any fixed improvements placed on the property by

the purchaser) and the basis in the hands of the vendor of the obligations of the


purchaser which are so satisfied, discharged, or applied, with proper adjustment for

any other amounts realized or costs incurred in connection with the reacquisition. The

basis in the hands of the vendor of the obligations of the purchaser satisfied,

discharged, or applied upon the reacquisition of the property will be the excess of the

face value of such obligations over an amount equal to the income which would be

returnable were the obligations paid in full. No deduction for a bad debt shall in any

case be taken on account of any portion of the obligations of the purchaser which are

treated by the vendor as not having been satisfied, discharged, or applied upon the

reacquisition of the property, unless it is clearly shown that after the property was

reacquired the purchaser remained liable for such portion; and in no event shall the

amount of the deduction exceed the basis in the hands of the vendor of the portion of

the obligations with respect to which the purchaser remained liable after the

acquisition. If the property reacquired is bid in by the vendor at a foreclosure sale, the

fair market value of the property shall be presumed to be the purchase or bid price

thereof in the absence of clear and convincing proof to the contrary. If the property

reacquired is subsequently sold, the basis for determining gain or loss is the fair

market value of the property at the date of reacquisition (including the fair market

value of any fixed improvements placed on the property by the purchaser).

If the vendor chooses as a matter of consistent practice to turn the income from

installment sales on the straight accrual or cash receipts and disbursements basis, such

a course is permissible, and the sales will be treated as deferred-payment sales not on

the installment plan.

SECTION 177. Deferred-payment sale of real property not on installment

plan. — In transactions included in class (2) in Section 175 of these regulations, the

obligations of the purchaser received by the vendor are to be considered as the

equivalent of cash.

If the vendor has retained title to the property and the purchaser defaults in any

of his payments, and the vendor repossesses the property, the difference between (1)

the entire amount of the payments actually received on the contract and retained by

the vendor plus the fair-market value at the time of repossession of fixed

improvements placed on the property by the purchaser and (2) the sum of the profits

previously returned as income in connection therewith and an amount representing

what would have been a proper adjustment for exhaustion, wear and tear,

obsolescence, amortization, and depletion of the property during the period the

property was in the hands of the purchaser had the sale not been made will constitute

gain or loss, as the case may be to the vendor for the year in which the property is


repossessed, and the basis of the property in the hands of the vendor will be the

original basis at the time of the sale plus the fair market value at the time of

repossession, of fixed improvements placed on the property by the purchaser. If the

vendor has previously transferred title to the purchaser, and the purchaser defaults in

any of his payments and the vendor reacquired the property, such reacquisition shall

be regarded as a transfer by the vendor, in exchange for the property for such of the

purchaser's obligations as are applied by the vendor to the purchase or bid price of the

property. Such an exchange will be regarded as having resulted in the realization by

the vendor of gain or loss, as the case may be for the year of reacquisition, measured

by the difference between the fair market value of the property including fixed

improvements placed by the purchaser on the property, and the amount of the

obligations of the purchaser which were applied by the vendor to the purchase or bid

price of the property. The fair market value of the property reacquired shall be

presumed to be the amount for which it is bid in by the vendor in the absence of clear

and convincing proof to the contrary. If the property reacquired is subsequently sold

the basis for determining gain or loss is the fair market value of the property at the

date of reacquisition including the fair market value of the fixed improvements placed

on the property by the purchaser.

SECTION 178. Sale of real estate in lots. — Where a tract of land is

purchased with a view to dividing it into lots or parcels of ground to be sold as such,

the entire fair market value as of March 1, 1913, or the cost, if acquired subsequently

to that date, shall be equitably apportioned to the several lots or parcels and made a

matter of record on the books of the taxpayer, to the end that any gain derived from

the sale of any such lots or parcels may be returned as income for the year in which

the sale was made. This rule contemplates that there will be a measure of gain or loss

on every lot or parcel sold, and not that the capital invested in the entire tract shall be

extinguished before any taxable income shall be returned. The sale of each lot or

parcel will be treated as a separate transaction and the gain or loss will be accounted

for accordingly.

SECTION 178(a). In all cases where a taxpayer sells during the year real or

personal property on the installment basis, there should be attached to the income tax

return a statement of each sale made during the year containing the following

information:

(a) Name of buyer

(b) Address of buyer


(c) Date of sale

(d) Selling price

(e) Payments received during the year corresponding to each sale.

(This new section has been inserted in Revenue Regulations No. 2 by Revenue

Regulations No. 8-65 dated June 1, 1965. Took effect upon their promulgation in the

Official Gazette on September 27, 1965).


SECTION 179. Determination of the taxable net income of a controlled

taxpayer. — (A) DEFINITIONS. — When used in this section —

(1) The term "organization" includes any organization of any kind, whether it

be a sole proprietorship, a partnership, a trust, an estate, or a corporation or

association, irrespective of the place where organized, where operated, or where its

trade or business is conducted, and regardless of whether domestic or foreign, whether

exempt or taxable, or whether affiliated or not.

(2) The terms "trade" or "business" include any trade or business activity of

any kind, regardless of whether or where organized, whether owned individually or

otherwise, and regardless of the place where carried on.

(3) The term "controlled" includes any kind of control, direct or indirect,

whether legally enforceable, and however exercisable or exercised. It is the reality of

the control which is decisive, not its form or the mode of its exercise. A presumption

of control arises if income or deductions have been arbitrarily shifted.

(4) The term "controlled taxpayer" means any one of two or more

organizations, trades, or businesses owned or controlled directly or indirectly by the

same interests. aCHDST

(5) The terms "group" and "group of controlled taxpayers" mean the

organizations, trades, or businesses owned or controlled by the same interests.

(6) The term "true net income" means, in the case of a controlled taxpayer,

the net income (or, as the case may be, any item or element affecting net income)

which would have resulted to the controlled taxpayer, had it in the conduct of its

affairs (or, as the case may be, in the particular contract, transaction, arrangement, or


other act) dealt with the other member or members of the group at arm's length. It

does not mean the income, the deductions, or the item or element of either, resulting

to the controlled taxpayer by reason of the particular contract, transaction, or

arrangement, the controlled taxpayer, or the interests controlling it, chose to make

(even though such contract, transaction, or arrangement be legally binding upon the

parties thereto).

(b) SCOPE AND PURPOSE. — The purpose of Section 44 is to place a

controlled taxpayer on a tax parity with an uncontrolled taxpayer, by determining,

according to the standard of an uncontrolled taxpayer, the true net income from the

property and business of a controlled taxpayer. The interests controlling a group of

controlled taxpayers are assumed to have complete power to cause each controlled

taxpayer so to conduct its affairs that its transactions and accounting record truly

reflect the net income from the property and business of each of the controlled

taxpayers. If, however, this has not been done, and the taxable net incomes are thereby

understated, the statute contemplates that the Commissioner of Internal Revenue shall

intervene, and, by making such distributions, apportionments, or allocations as he may

deem necessary of gross income or deductions, or of any item or element affecting net

income, between/or among the controlled taxpayers constituting the group, shall

determine the true net income of each controlled taxpayer dealing at arm's length with

another uncontrolled taxpayer. The standard to be applied in every case is that of an

uncontrolled taxpayer. Section 44 grants no right to a controlled taxpayer to apply its

provisions at will, nor does it grant any right to compel the Commissioner of Internal

Revenue to apply such provisions.

(c) APPLICATION. — Transactions between the controlled taxpayer and

another will be subjected to special scrutiny to ascertain whether the common control

is being used to reduce, avoid, or escape taxes. In determining the true net income of a

controlled taxpayer, the Commissioner of Internal Revenue is not restricted to the case

of improper accounting, to the case of a fraudulent, colorable, or sham transaction, or

to the case of a device designed to reduce or avoid tax by shifting or distorting income

or deductions. The authority to determine true net income extends to any case in

which either by inadvertence or design the taxable net income in whole or in part, of a

controlled taxpayer, is other than it would have been had the taxpayer in the conduct

of his affairs been an uncontrolled taxpayer dealing at arm's length with another

uncontrolled taxpayer.



SECTION 180. Individual returns. — Returns, in duplicate, are required of:

(a) Every citizen or resident alien having a gross income of P1,800 or more for the

taxable year; (b) every non-resident alien having income from sources within the

Philippines irrespective of amount; and (c) guardians, trustees, executors,

administrators, receivers, conservators, and all others acting in any fiduciary capacity,

when, for the taxable year, the gross income of the person, trust, or estate for whom or

which they act reaches P1,800. (See Section 214 of these regulations.)

For each calendar year, every person whether married or single, having a gross

income from all sources of P1,800 or over, including dividends, excepting stock

dividends, must make a return of income although the tax has been paid at source and

the return shows no tax liability. Whether or not an individual is the head of a family

or has dependents is immaterial in determining his liability to render a return. The

husband shall include in his return the income derived not only from his services,

labor, or industry or the income derived from the conjugal partnership but also the

income of the wife derived from her industry or labor as well as that derived from her

separate, data, or paraphernal property. Where, however, the filing of one

consolidated return is impracticable, married persons may file separate returns but the

incomes declared in such returns will be consolidated and the tax computed on such

consolidated income.

The law requires that the income of unmarried minors derived from property

received from a living parent shall be included in the return of the parent, except (1)

when the gift tax imposed under Chapter II of Title III of the Code has been paid on

such property, or (2) where the transfer of such property is exempt from the gift tax.

A signature affixed to a return is presumed to be genuine.

SECTION 181. When and where to file individual returns. — The return

must be filed with the Commissioner of Internal Revenue, provincial revenue agent,

or treasurer of the province, city or municipality in which the taxpayer has his legal

residence or principal place of business, on or before April 15th of the year following

that for which the return is filed.

When the last due date for filing return falls on Sunday or a legal holiday, the

last due date will be held to be the day following such Sunday or legal holiday, or if

placed on the mails, it should be posted in ample time to reach the Commissioner of

Internal Revenue, provincial revenue agent or treasurer of the province, city, or

municipality in which the taxpayer has his legal residence or principal place of


business, under ordinary handling of mail, on or before the date on which the return is

required to be filed. When question is raised as to whether or not the return was

posted in ample time to reach the proper official, the envelope in which the return was

transmitted and the return should be submitted to the Commissioner of Internal

Revenue with such comment and recommendation as the receiving officer may

consider proper to make. aHSCcE

SECTION 182. Persons under disability. — If the taxpayer is unable to

make his own return, on account of minority, illness, absence or non-residence, the

return may be made by his duly authorized agent or representative or by the guardian

or other person charged with the care of his person or property, the principal and his

representative or guardian assuming the responsibility of making the return and

incurring penalties provided for erroneous, false, or fraudulent returns.

SECTION 183. Form of return. — Individual returns shall be prepared on

B.I.R. Form No. 17.01. The forms may be had from the office of the Commissioner of

Internal Revenue in Manila, or in the office of the provincial treasurers or their

deputies.

A taxpayer will not be excused from making a return by the fact that no return

form has been furnished him. Taxpayers not supplied with the proper forms should

make application therefor to the Commissioner of Internal Revenue or to the

provincial treasurers, or their deputies in ample time to have their returns prepared,

verified, and filed with the proper official on or before the due date. Each taxpayer

should carefully prepare his return so as to fully and clearly set forth the data therein

called for. Imperfect or incorrect returns will not be accepted as meeting the

requirements of the statute. (There are now BIR Provincial Revenue Officers.)


SECTION 184. Corporation returns. — Corporations are required to make

returns of income in duplicate, regardless of the amount of their net income.

A corporation claiming exemption from tax and from the filing of returns must

establish its right to exemption in accordance with the procedure set forth in Section

24 of these regulations, otherwise it will be amenable to the penalties for failure to file

returns.

In the case of ordinary corporations, partnerships, and joint accounts (cuentas

en participacion), the return shall be on the form prescribed for corporations (B.I.R


Form No. 17.02), and the returns of insurance companies, on the prescribed form

(B.I.R. Form No. 17.03). A corporation having an existence during any portion of a

taxable year is required to make a return. A corporation which has received a charter,

but has never perfected its organization, and which has transacted no business and had

no income from any source, may upon presentation of the facts to the Commissioner

of Internal Revenue be relieved from the necessity of making a return so long as it

remains in an unorganized condition. In the absence of a proper showing to the

Commissioner of Internal Revenue such corporation must file the necessary return.

A corporation desiring to change its accounting period from calendar year to

fiscal year must comply with the procedure set forth in Section 172 of these

regulations relative to the change in accounting period of corporations.

SECTION 185. Returns of insurance companies. — Insurance companies

transacting business in the Philippines or deriving income from sources therein are

required to file returns of income. The return shall be made on the prescribed form

(B.I.R. Form No. 17.03).

SECTION 186. Returns of foreign corporations. — Every foreign

corporation having income from sources within the Philippines must make a return of

income on the form prescribed for corporation (B.I.R. Form No. 17.02). If such a

corporation has no office or place of business in this country, but has a resident agent

therein, the latter shall make the return. Although the foreign corporation is not

engaged in business in this country and has no office, branch, or agency in the

Philippines, it is required to make a return if it has received income from sources

within the Philippines.

SECTION 187. Time and place for filing corporate returns. — Returns of

corporations, associations, or partnerships must be filed on or before the fifteenth day

of April in each year or on or before the 15th day of the fourth month following the

close of a duly designated fiscal year. The return, if placed in the mails, should be

posted in ample time to reach the Commissioner of Internal Revenue, provincial,

revenue agent, or treasurer of the province, city or municipality in which is located the

principal office of the corporation where its books of account and other data are kept,

on or before the last due date for the filing of the return. When the last due date falls

on Sunday or a legal holiday, the returns may be filed without penalty on the next

succeeding business day. (Conforms with Am. by R.A. 2343.)



SECTION 188. Extension of time for filing returns. — The Commissioner

of Internal Revenue may, in meritorious cases, grant a reasonable extension of time

for filing returns of income. Requests for such extension of time must be submitted

before the last day of the period for filing returns. Absence or sickness is considered

as reasonable cause, whereas, inability to close the books or to gather information

required due to various circumstances will be subject to careful investigations before

the request for extension is favorably considered. DEScaT


SECTION 189. Returns by receiver. — Receivers, trustees in dissolution,

trustees in bankruptcy, and assignees, operating the property or business of

corporations, partnerships, or associations must make returns of income for such

corporations, partnerships or associations covering each year or part of the year during

which they are in control. Notwithstanding that the powers and functions of a

corporation are suspended and that the property and business are for the time being in

the custody of the receiver, trustee, or assignee, subject to the order of the court, such

receiver, trustee, or assignee stands in the place of the corporate officers and is

required to perform all the duties and assume all the liabilities which would devolve

upon the officers of the corporation were they in control. A receiver in charge of only

part of the property of a corporation, however, as a receiver in mortgage foreclosure

proceedings involving merely a small portion of its property, need not make a return

of income.


SECTION 190. Returns of duly registered general co-partnerships. — Duly

registered general copartnerships are required to render, in duplicate, a return of their

earnings, profits and income, setting forth the items of the gross income and the

deductions allowable, and the names and addresses of the individuals who would be

entitled to the net earnings, profits, and income, if distributed. (See sections 22 and 23

of these regulations.)


SECTION 191. Verification of returns. — All income tax returns must be

verified by the oath or affirmation of the person rendering them. Oath may be taken

before any officer authorized to administer oaths or if desired, before the

Commissioner of Internal Revenue or any internal-revenue officer especially


deputized by him or authorized by law to administer oaths, free of charge.

SECTION 192. Discovery of understatement of income. — If the amount of

income declared in a return has been found to be understated, the Commissioner of

Internal Revenue or any internal-revenue officer shall notify the taxpayer of such fact,

and the taxpayer may, if he so desires, under a sworn statement, present testimony to

the contrary and disprove the findings made.


SECTION 193. Assessment of tax. — All income tax returns filed with the

provincial revenue agents or with the treasurers of provinces, cities, or municipalities

must be stamped with the date of their receipt and immediately forwarded to the

Commissioner of Internal Revenue. All assessments of income tax shall be made by

the Commissioner of Internal Revenue and all taxpayers shall be notified of the

amount for which they are respectively liable on or before the first day of May of each

successive year. In the case of a corporation filing returns on the basis of a fiscal year,

it shall be notified of the amount for which it is liable on or before the first day of the

fifth month following the close of its fiscal year. (See changes made by R.A. 2343,

effv. June 20, 1959, introducing here self assessment.)

SECTION 194. Payment of tax. — The total amount of tax assessed shall be

paid on or before the fifteenth day of April following the close of the calendar year by

the person subject to tax, and in the case of a corporation, by the president,

vice-president, or other responsible officer thereof. In the case of corporations filing

returns on the basis of a fiscal year, the total amount of tax shall be paid on or before

the fifteenth day of the fourth month following the close of the fiscal year. (Conforms


Where the tax assessed against the taxpayer is in excess of P500, the taxpayer

may elect to pay the tax in two equal installments. The first installment shall be paid

on or before the date prescribed in section 51 (a) and the second installment on or

before the fifteenth day of July following the close of the calendar year or on or before

the fifteenth day of the seventh month following the close of the fiscal year, as the

case may be. Upon failure to pay any installment on the date fixed for its payment, the

whole amount of the tax unpaid becomes due and payable, together with the

delinquency penalties. (Conforms with amendments by R.A. 2343, effv. June 20,

1959.)

SECTION 195. Commissioner's authority to make returns. — In cases


wherein taxpayers have neglected or refused to make return, and in cases wherein

returns are found, upon examination or otherwise, to be erroneous, false, or

fraudulent, the Commissioner of Internal Revenue shall upon discovery thereof, make

a return upon the best evidence obtainable, and the tax so discovered to be due,

together with the penalties prescribed, shall be assessed and the amount thereof shall

be paid immediately upon notice and demand. aIcHSC

SECTION 196. Surcharge and interest in case of delinquency. — Upon

failure to pay any tax or installment thereof, of any deficiency tax, when the same is

due, a penalty of 5 per cent of the amount of tax unpaid, and interest at the rate of 1

per cent per month upon the said tax from the time the same became due until paid,

shall be added to the amount of such tax. (See Sec. 51(b) to (e) as amended by R.A.

2343, effv. June 20, 1959.)


SECTION 197. Receipts for income tax payments. — It shall be the duty of

the collecting officer to acknowledge the receipt of the payment of income tax due

from each taxpayer by issuing the requisite Revenue Official Receipt (B.I.R. Form

No. 25.24).


SECTION 198. Withholding tax at source. — Withholding is required (a) of

a tax of 20 per centum in the case of fixed or determinable annual or periodical

income, including dividends or net gains or net profits received from corporations,

partnerships or associations, payable to non-resident alien individuals not engaged in

trade or business and not having an office or place of business in the Philippines; and

(b) of a tax of 20 per centum in the case of interest upon bonds, obligations or

securities issued by domestic or resident foreign corporations, containing a so-called

tax-free covenant clause, payable either to citizens or aliens, residents or

non-residents, where the owner of such interest income does not file with the

withholding agent a signed notice on B.I.R. Form No. 17.13 claiming the benefit of

personal exemption. Subject to the exception just mentioned, withholding taxes takes

place in all cases of payments of interest upon tax-free covenant bonds or other

securities regardless of the place where such bonds or securities are issued or

marketed and the interest thereupon paid. Bonds issued under a trust deed containing a

tax-free covenant are treated as if they contain such a covenant.

SECTION 199. Fixed or determinable annual or periodical income. —


Only fixed or determinable annual or periodical income is subject to withholding. The

statute specifically includes in such income, interests, dividends, rents, salaries,

wages, premiums, annuities, compensations, remunerations, and emoluments, but

other kinds of income may be included, as for instance, royalties.

Income is fixed when it is to be paid in amounts definitely pre-determined. On

the other hand, it is determinable whenever there is a basis of calculation by which the

amount to be paid may be ascertained.

The income need not be paid annually if it is paid periodically; that is to say,

from time to time, whether or not at regular intervals. That the length of time during

which the payments are to be made may be increased or diminished in accordance

with some one's will or with the happening of an event does not make the payments

any the less determinable or periodical. A salesman working by the month for a

commission on sales which is paid or credited monthly receives determinable

periodical income. The income derived from the sale in the Philippines of property

whether real or personal, is not fixed or determinable annual or periodical income.

Dividends from every domestic corporation are subject to the withholding

provisions of the law. Dividends from a foreign corporation are subject to withholding

if (1) such foreign corporation is engaged in trade or business within the Philippines

or has an office or place of business therein, and (2) more than 85 per cent of its gross

income for the three-year period ending with the close of its taxable year preceding

the declaration of such dividends (or for such part of such period as the corporation

has been in existence) was derived from sources within the Philippines. In case the

owners of any securities are not known to the withholding agent, the latter should

deduct and withhold a tax of 20 per cent on the interest on such securities.

SECTION 200. Payments to non-resident alien individuals. — The law

requires withholding of the tax on income payable to a non-resident alien individual

not engaged in trade or business in the Philippines and not having an office or place of

business therein. A non-resident alien individual is presumed not to be engaged in

trade or business in the Philippines and not to have an office or place of business

therein, unless the withholding agent has definite knowledge that such resident is

engaged in trade or business in the Philippines and of the name and address of his

resident agent in this country, or unless the withholding agent definitely knows that

such non-resident has an office or place of business in the Philippines and of the

location of such office or place of business. An individual whose address is without

the Philippines is presumed to be a non-resident alien, unless the withholding agent


has definite knowledge that such person is either a citizen or a resident of the

Philippines. An individual whose address is within the Philippines, may be presumed

to be a resident of the Philippines, unless the withholding agent has reason to believe

that such individual, not being a citizen of the Philippines, has not established

residence in this country.

In case of doubt, a withholding agent may always protect himself by

withholding the tax due, and promptly causing a query to be addressed to the

Commissioner of Internal Revenue for the determination of whether or not the income

paid to an individual is not subject to withholding. In case the Commissioner of

Internal Revenue decides that the income paid to an individual is not subject to

withholding the withholding agent may thereupon remit the amount of tax withheld.

SECTION 201. Exception from withholding. — Withholding of a tax on

interests upon bonds or other obligations containing a tax-free covenant clause shall

not be required in the case of a citizen or resident alien individual if he files with the

withholding agent when presenting interest coupons for payment, not later than

February 1 following the taxable year, an ownership and exemption certificate on the

requisite form (B.I.R. Form No. 17.13) claiming a personal exemption or credits for

dependents. The withholding agent shall forward such certificate to the Commissioner

of Internal Revenue with a letter of transmittal. The income of domestic and resident

foreign corporations is free from withholding.

SECTION 202. Ownership certificates for interest coupons. — The owners,

except domestic and resident foreign corporations, of bonds or other obligations

containing a tax-free covenants clause, issued by a domestic or resident foreign

corporation, when presenting interest coupons for payment, shall file a certificate of

ownership on B.I.R. Form No. 17.13, for each issue of bonds, showing the name and

address of the debtor corporation, the name and address of the owner of the bonds, the

nature of the obligations, the amount of interest and its due date, and the amount of

any tax withheld. In the case of corporate bonds or similar obligations not containing a

tax-free covenant clause, no ownership certificates are required. But ownership

certificates are required in the case of such bonds if the owner is unknown to the

withholding agent. Ownership certificates need not be filed in the case of interest

payments on bond or similar obligations of the United States or of the Government of

the Philippines or of any political subdivision thereof.

Where in connection with the sale of its property payment of the bonds or other

obligations of a corporation is assumed by the assignee, such assignee, whether an


individual, partnership, corporation, province, city or municipality, must deduct and

withhold such taxes as would have been required to be withheld by the assignor had

not such sales and transfer been made.

SECTION 203. Return and payment of tax withheld. — (a) Every

withholding agent shall make an annual return in duplicate, on B.I.R. Form No. 17.43

of the tax withheld from interest on corporate bonds or other obligations on or before

the 15th day of April of each year for the preceding calendar year. (b) Every person

required to deduct and withhold any tax from income other than such bond interest

shall make an annual return thereon, in duplicate, on B.I.R. Form No. 17.43 on or

before April 15 of each year for each non-resident alien individual not engaged in

trade or business within the Philippines and not having any office or place of business

therein, to whom income other than bond interest was paid during the previous taxable

year. The entire amount of the income from which the tax was withheld shall be

included in gross income without deduction for such payment of the tax. (Conforms


The tax due on withholding income tax returns are payable at the same time

and in the same manner as taxes due on individual returns.

SECTION 204. Income of recipient. — Income upon which the tax is

required to be withheld at source shall nevertheless be included in the return of the

recipient of such income. However, the amount of tax withheld shall be credited

against the amount of income tax due on such return, and the amount, if any, by which

the tax withheld at source exceeds the tax due on the return shall be refunded in

accordance with the provisions of Section 309 of the Code. TaCSAD


SECTION 205. Withholding of tax on income of nonresident foreign

corporations, firms, etc. — All persons, corporations, partnerships, and associations,

having the control, receipt, custody, disposal, or payment of interest, dividends, rents,

salaries, wages, premiums, annuities, compensations, remunerations, emoluments, or

other fixed or determinable annual or periodical gains, profits, and income received or

obtained from sources within the Philippines by a non-resident alien firm,

copartnership, corporation, association, trust company, trustee, and insurance

company, not engaged in business or trade within the Philippines and not having an

office or place of business therein, are required to withhold a tax of 30 per cent

thereon, file the requisite withholding return on the prescribed form (B.I.R. Form No.

17.43), and pay the tax withheld, in accordance with the provisions of sections 198 to


204 of these regulations. The withholding provisions of the law are likewise

applicable to the income derived from interest upon bonds, mortgages, or deeds of

trust, or other interest-bearing obligations of a domestic or resident foreign

corporation, firm or association, whether or not the bonds and other such obligations,

or securities contain the so-called tax-free covenant clause, and regardless of the place

where such bonds, obligations, or securities are issued, negotiated, or marketed and

the interest thereon paid, in case where such interest-income is received or obtained

by, or paid to, a non-resident alien firm, corporation, association, trust company, or

trustee, not engaged in business or trade within the Philippines and not having an

office or place of business therein. (Conforms with amendments by R.A. 2343, effv.

June 20, 1959.)

A foreign corporation is presumed not to be engaged in trade or business

within the Philippines and not to have office or place of business therein, unless the

withholding agent has definite knowledge that such foreign corporation is in fact

engaged in trade or business in the Philippines and of the name and address of its

resident agent, or unless the withholding agent has definite knowledge that such

foreign corporation has a branch office or business in this country and of the location

of such branch office or place of business.


SECTION 206. Income tax not otherwise collectible from taxpayer

chargeable to his representative. — It is the intent and purpose of the law to charge

and collect income tax imposed under Title II of the Code on all gains, profits, and

income of a taxable class, and the tax is required to be paid by the owner of such

gains, profits. and income or by the proper representative having the receipt, custody,

control, or disposal of the same. Thus, where a non-resident has charged a resident,

under a power of attorney, to sell in his behalf property, real or personal in the

Philippines, the proper tax due may be collected from the owner of the gains or profits

or from the representative who had the receipt, custody, control or disposal of such

gains, profits, or income, as the personal liability of such representative.

(Sections 56 to 60 of the Code)

SECTION 207. Estates and trusts. — "Fiduciary" is a term which applies to

all persons or corporations that occupy positions of peculiar confidence towards

others, such as trustees, executors, or administrators; and a fiduciary, for income tax

purposes, is any person or corporation that holds in trust an estate of another person or

persons. In order that a fiduciary relationship may exist, it is necessary that a legal


trust be created.

In general, the income of a trust for the taxable year which is to be distributed

to the beneficiaries must be returned by and will be taxed to the respective

beneficiaries, but the income of a trust which is to be accumulated or held for future

distribution, whether consisting of ordinary income or gain from the sale of assets

included in the corpus of the trust, must be returned by and will be taxed to the trustee.

Three exceptions to this general rule are found in the law: (1) in the case of revocable

trust (Section 59); (2) in the case of a trust the income of which, in whole or in part,

may be held or distributed for the benefit of the grantor (Section 60); and (3) in the

case of a trust administered in a foreign country [Section 57(c)]. In the first case, the

income from such part of the trust estate title to which may be revested in the grantor

should be included in the grantor's return. In the second case, part of the income of the

trust, which may be held or distributed for the benefit of the grantor, should be

included in the grantor's return. In the third case, the trustee is not entitled to the

deductions mentioned in subsections (a) and (b) of Section 57 and the net income of

the trust undiminished by any amounts distributed, paid or credited to beneficiaries

will be taxed to the trustees; however, the income included in the return of the trustees

is not to be included in computing the income of the beneficiaries.

SECTION 208. Consolidation of incomes of two or more trusts. — Section

56(b)(2) expressly requires the consolidation of the income of two or more trusts

where the creator of the trust in each instance is the same person and the beneficiary

in each instance is the same. The tax due on the consolidated income will be collected

from the trustees in proportion to the net income of the respective trusts. (See Section

215 of these regulations.)

SECTION 209. Estates and trusts taxed to fiduciary. — In the case of a

decedent's estate the settlement of which is the object of testamentary or intestate

proceedings, the fiduciary, executor, or administrator is required to file an annual

return for the estate up to the final settlement thereof. In the same manner, the

fiduciary is required to file a yearly return covering the income of a trust, whether

created by will or deed, for accumulation of income, whether for unascertained

persons or persons with contingent interests or otherwise. In both cases the income of

the estate or trust is taxed to the fiduciary. Where under the terms of a will or deed,

the trustee, may in his discretion, distribute the income or accumulate it, the income is

taxed to the trustee, irrespective of the exercise of his discretion. The imposition of

the tax is not affected by the fact that an ultimate beneficiary may be a person exempt

from tax.


SECTION 210. Estate and trust taxed to beneficiaries. — In the case of (a)

a trust the income of which is to be distributed annually or regularly; (b) an estate of a

decedent the settlement of which is not the object of judicial testamentary or intestate

proceedings; and (c) properties held under a co-ownership or tenancy in common, the

income is taxable directly to the beneficiary or beneficiaries. Each beneficiary must

include in his return his distributive share of the net income of the trust, estate, or

co-ownership. In the case of trusts which are in whole or in part subject to revocation

by the grantor, or which are for the benefit of the grantor, the income of the trust is to

be included in computing the net income of the grantor. aITECD

SECTION 211. Decedent's estate administration. — The "period of

administration or settlement of the estate" is the period required by the executor or

administrator to perform the ordinary duties pertaining to administration, in particular,

the collection of assets and the payment of debts and legacies. Estates during the

period of administration have but one beneficiary and that beneficiary is the estate.

No taxable income is realized from the passage of property to the executor or

administrator on the death of the decedent, even though it may have appreciated in

value since the decedent acquired it. In the event of delivery of property in kind to a

legatee or distributee, no income is realized. Where, however, prior to the settlement

of the estate, the executor or administrator sells property of a decedent's estate for

more than the appraised value placed upon it at the death of the decedent, the excess is

income, taxable to the estate. Where property is sold after the settlement of the estate

by the devisee, legatee or heir at a price greater than the appraised value placed upon

it at the time he inherited the property from the decedent, he is taxable individually on

any profit derived. An allowance paid a widow or heir out of the corpus of the estate

is not deductible from gross income.

SECTION 212. Liability for tax on estate or trusts. — Liability for payment

of the tax attaches to the person of an executor or administrator up to and after his

discharge, where prior to distribution and discharge he had notice of his tax

obligations or failed to exercise due diligence in determining whether or not such

obligations existed. Liability for the tax also follows the estate itself, and when the

estate has been distributed, the heirs, devisees, legatees, and distributors may be

required to discharge the amount of the tax due and unpaid, to the extent of and in

proportion to any share received. The same consideration apply to other trusts. Where

the tax has been paid on the net income of an estate or trust by the fiduciary, the net

income on which the tax is paid is free from tax when distributed to the beneficiaries.


SECTION 213. Exemption allowed to estate or trusts. — An estate or a trust

is allowed a personal exemption of P1,800. Each beneficiary is entitled to but one

personal exemption, no matter from how many trusts he may receive income.


SECTION 214. Fiduciary returns. — Fiduciaries are required to make

returns of income on B.I.R. Form No. 17.01, in duplicate, when the gross income of

the person, trust, or estate for whom or which they act amounts to P1,800 or more and

will be subject to all the provisions of law which apply to individuals. A fiduciary

making return shall make oath that he has sufficient knowledge of the affairs of the

person trust, or estate for whom or which he acts to enable him to make such return,

and that the same is, to the best of his knowledge and belief, true and correct. A return

by one of two or more joint fiduciaries in the form prescribed filed in the municipality

or city in which such fiduciary resides shall be sufficient compliance with the

requirement for fiduciary returns.

A fiduciary acting as the guardian of a minor or other incapacitated person

must make a return for such minor or incapacitated person and pay the tax, unless

such minor or incapacitated person himself makes a return or cause it to be made. The

parent is held to be the natural guardian of a minor child.

SECTION 215. Returns in case of two or more trusts. — Where, in the case

of more than one trust, the creator of the trust in each instance is the same person and

the trustee in each instance is the same but the beneficiaries are different, the trustee

should make a separate return for each of the trusts in his hands. When a trustee holds

trust created by different persons for the benefit of the same beneficiary, he should

also make a return for each trust separately. But where a person creates two or more

trusts in favor of the same beneficiary [Section 56(b) (2)] appointing two or more

trustees, the latter should each make a separate return for each trust but in such case

the Commissioner of Internal Revenue will consolidate the net incomes of the

different trusts and compute the tax on such consolidated income, allowing only one

absolute exemption of 1,800.

SECTION 216. Return by receiver. — A receiver who stands in the place of

an individual or corporation must render a return of income and pay the tax for his

trust, but a receiver of only part of the property of an individual or corporation need

not. If the receiver acts for an individual the return shall be on B.I.R. Form No. 17.01.

When acting for a corporation a receiver is not treated as a fiduciary, and in such case


the return shall be made, as if by the corporation itself, on B.I.R. Form No. 17.02.


SECTION 217. Fiduciaries indemnified against claims for taxes paid. —

Fiduciaries are indemnified against the claims or demands of every beneficiary for all

payments of taxes which they shall be required to make and they shall have credit for

such payments in any accounting which they make as such fiduciaries.


SECTION 218. Tax on personal holding companies. — Section 63 imposes

for such taxable year beginning after December 31, 1938 (in addition to the tax

imposed by Section 24 of the Code), a tax upon corporations classified as personal

holding companies. Corporations so classified are exempt from the additional tax on

corporation improperly accumulating surplus imposed by Section 25, but are not

exempt from the other taxes imposed by Title II of the Code. Unlike the tax imposed

by Section 25, the tax imposed by Section 63 applies to all personal holding

companies defined as such in Section 64, regardless of whether or not they were

formed or availed of to accumulate earnings or profits for the purpose of avoiding the

tax upon shareholders. The tax imposed by Section 63 is 45 per cent of the amount of

the undistributed net income.

A foreign corporation, whether resident or non-resident, which is classified as a

personal holding company under Section 64 (not including a foreign personal holding

company as defined in Section 67) is subject to the tax imposed by Section 63 with

respect to its income from sources within the Philippines. The term "personal holding

company" as used in Chapter VIII of Title II of the Code does not include a foreign

corporation if (1) its gross income from sources within the Philippines for the period

specified in Section 37(a) (2) (B) is less than 50 per cent of its total gross income from

all sources and (2) all of its stock outstanding during the last half of the taxable year is

owned by nonresident alien individuals, whether directly or indirectly through other

foreign corporations. ESDHCa


SECTION 219. Definition of personal holding company. — A personal

holding company is any corporation (other than a corporation specified in section

64(b) which for the taxable year meets (a) the gross income requirement specified in

Section 220 of these regulations, and (b) the stock ownership requirement specified in


Section 221 of these regulations. Both requirements must be satisfied and both must

be met with respect to each taxable year.

SECTION 220. Gross income requirement. — To meet the gross income

requirement, it is necessary that either of the following percentages of gross income of

the corporation for the taxable year be personal holding company income as defined in

Section 65:

(a) Eighty per cent or more; or

(b) Seventy per cent or more if the corporation has been classified as a

personal holding company for any taxable year beginning after December 31, 1938,

unless —

(1) A taxable year has intervened since the last taxable year for which it was

so classified, during no part of the last half of which the stock ownership requirement

specified in Section 64(a) (2) exists; or

(2) Three consecutive years have intervened since the last taxable year for

which it was so classified, during each of which its personal holding company income

was less than 70 per cent of its gross income.

In determining whether the personal holding company income is equal to the

required percentage of the total gross income, the determination must not be made

upon the basis of gross receipts, since gross income is not synonymous with gross

receipts. For a further discussion of what constitutes "gross income", see Section 29 of

the Code and the regulations prescribed under that section.

SECTION 221. Stock ownership requirements. — To meet the stock

ownership requirement, it is necessary that at some time during the last half of the

taxable year more than 50 per cent it value of the outstanding stock of the corporation

be owned, directly or indirectly, by or for not more than five individuals: For such

purpose, the ownership of the stock must be determined as provided in Section 66.

In the event of any change in the stock outstanding during the last half of the

taxable year, whether in the number of shares or classes of stock, or whether in the

ownership thereof, the conditions existing immediately prior .and subsequent to each

change must be taken into consideration.

In determining whether the statutory conditions with respect to stock

ownership are present at any time during the last half of the taxable year, the phrase


"in value" shall, in the light of all the circumstances, be deemed the value of the

corporate stock outstanding at such time (not including treasury stock). This value

may be determined upon the basis of the company's net worth, earning and dividend

paying capacity, appreciation of assets, together with such other factors as have a

bearing upon the value of the stock. If the value of the stock is greatly at variance with

that reflected by the corporate books the evidence of such value should be filed with

the return. In any case where there are two or more classes of stock outstanding, the

total value of the stock should be allocated among the different classes according to

the relative value of each class therein.

The rules stated in the last two preceding paragraphs are equally applicable in

determining the stock ownership requirement specified in Section 65(e); relating to

personal service contracts and Section 65(f), relating to the use of corporation

property by a shareholder. The stock ownership requirement specified in these

sections relates, however, to the stock outstanding at anytime during the entire taxable

year and not merely during the last half thereof.


SECTION 222. Personal holding company income. — The term "personal

holding company income" means the portion of the gross income which consists of

the following:

(1) DIVIDENDS. — The term "dividends" includes dividends as defined in

Section 83 (a), and amounts required to be included in gross income under Section 69

(b) of this Code. It does not include stock dividends (to the extent that they do not

constitute income to the shareholders with the meaning of Section 83(b) of the Code)

and liquidating dividends.

(2) INTEREST (other than interest constituting rent). — The term "interest"

means any amount, includible in gross income, received for the use of money loaned

except that it does not include interest constituting rent [see subparagraph (1)].

(3) ROYALTIES (other than mineral, oil, or gas royalties). — The term

"royalties" include amounts received for the privilege of using patents, copyrights,

secret processes and formulas, good will, trade marks, trade brands, franchises, and

other like property. It does not include rents, or overriding royalties received by an

operating company. As used in this paragraph the term "overriding royalties" means

amounts received from the sublease by the operating company which originally leased

and developed the natural resources property in respect of which such overriding


royalties are paid.

(4) ANNUITIES. — The term "annuities" includes annuities only to the

extent includible in the computation of gross income. [See Section 29(b) (2)].

(5) GAINS FROM THE SALE OR EXCHANGE OF STOCK OR

SECURITIES. — The term "gains from the sale or exchange of stock or securities" as

used in Section 65(b) applies to all gains (including gains from liquidation dividends

and other distributions from capital) from the sale or exchange of stock or securities

includible in gross income. The term "stock or securities" as used in Section 65(b)

includes shares or certificates of stock, or interest in any corporation (including any

joint stock company, insurance, company association, or other organization classified

as a corporation under Title II) certificates of interest or participation in mineral

royalty, or leave, collateral trust certificates, voting trust certificates, stock rights or

warrants, bonds, debentures, certificates of indebtedness, notes, car trusts certificates,

bills of exchange, obligations issued by or on behalf of a Government, State,

Territory, or political subdivision thereof. In the case of "regular dealers in stock or

securities" the term does not include gains derived from the sale or exchange of stock

or securities made in the normal course of business. The term "regular dealer in stock

or securities" means corporations with an established place of business regularly

engaged in the purchases of stock or securities and their resale to customers, but such

corporations are not dealers with respect to stock or securities held for speculation or

investment.

(6) GAINS FROM FUTURES TRANSACTIONS IN COMMODITIES. —

Gains from futures transactions in commodities include gains from futures

transactions in any commodity on or subject to the rules of a board of trade or

commodity exchange, but do not include gains from cash transactions or gains by a

producer, processor, merchant, or handler of the commodity, which arise out of

bonafide hedging transactions reasonably necessary to the conduct of its business in

the manner in which such business is customarily and usually conducted by others. In

general, personal holding company income includes gains on futures contracts which

are speculative. Futures contracts representing true hedges against price fluctuations

in spot goods are not speculative transactions, though not concurrent with spot

transactions. Futures contracts which are not hedges against spot transactions are

speculative unless they are hedges against concurrent futures or forward sales or

purchases.

(7) INCOME FROM ESTATES AND TRUSTS. — The income from estates


and trusts which is to be included in personal holding company income consists of the

income from estates and trusts which is required to be included in the gross income of

the corporation under Section 29 in relation to Section 56 of the Code, together with

the gains derived by the corporation from the sale or other disposition of any interest

in an estate or trust.

(8) AMOUNTS RECEIVED UNDER PERSONAL SERVICE

CONTRACTS. — Amounts includible in personal holding company income as

amount received under personal service contracts consist of amounts received

pursuant to a contract under which the corporation is to furnish personal services, and

amounts received from a sale or other disposition of such a contract, if —

(a) Some person other than the corporation has the right to designate (by

name or by description) the individual who is to perform the services or if the

individual who is to perform the services is designated (by name or by description) in

the contract; and

(b) At some time during the taxable year 25 per cent or more in value of the

outstanding stock of the corporation is owned, directly or indirectly, by or for the

individual who has performed, is to perform, or may be designated (by name or by

description), as the one to perform such services. For this purpose the stock ownership

must be determined as provided in Section 66 of the Code.

The application of Section 65(e) may be illustrated by the following examples:

Example (1): A, whose profession is that of an actor, owns all of the

outstanding capital stock of the M Corporation. The Corporation entered into a

contract with A under which A was to perform personal services for the person or

persons whom the M Corporation might designate, in consideration of which A was to

receive P10,000 a year from the M Corporation. The M Corporation entered into a

contract with the O Corporation in which A was designated to perform personal

services for the O Corporation in consideration of which the O Corporation was to pay

the M Corporation P500,000 a year. The P500,000 received by the M Corporation

from the O Corporation constitutes a personal holding company income.

Example (2): The N Corporation, the entire outstanding capital stock of which

is owned by four individuals, is engaged in engineering. The N Corporation entered

into a contract with the O Corporation to perform engineering services for the O

Corporation, in consideration of which the O Corporation was to pay the N

Corporation P50,000. The individual who was to perform the services was not


designated (by name or by description) in the contract and no one but the N

Corporation had the right to designate (by name or by description) such individual.

The P50,000 received by the N Corporation from the O Corporation does not

constitute personal holding company income. HTaIAC

(9) COMPENSATION FOR USE OF PROPERTY. — The compensation for

the use of, or the right to use, the property of the corporation which is to be included

in personal holding company income consists of amounts received as compensation

(however designated and from whomsoever received) for the use of, or the right to

use, property of the corporation in any case in which, at any time during the taxable

year 25 per cent or more in value of the outstanding stock of the corporation is owned,

directly or indirectly, by or for an individual entitled to the use of the property,

whether such right is obtained directly from the corporation or by means of a sublease

or other arrangement. The property may consist of a yacht, a city residence, a country

house, or any other kind of property.

(10) RENTS (including interest constituting rent). — The rents which are to be

included in personal holding company income consist of compensation, however,

designated including charter fees, etc., for the use of, or the right to use, real property,

or any other kind of property and the interest on debts bowed to the corporation, to the

extent such debts represent the price for which real property held primarily for sale to

customers in the ordinary course of its trade or business was sold or exchanged by the

corporation, but do not include amounts constituting personal holding company

income under Section 65(f) and paragraph (9) of this section. However, rents do not

constitute personal holding company income if constituting 50 per cent or more of the

gross income of the corporation.

(II) MINERAL, OIL, OR GAS ROYALTIES. — The income from mineral,

oil, or gas royalties is to be included as personal holding company income, unless (A)

the aggregate amount of such royalties constitutes 50 percent or more of the gross

income of the corporation for the taxable year and (B) the aggregate amount of

deductions allowable for expenses under Section 30 (a) of the Code (other than

compensation for personal services rendered by the shareholders of the corporation)

equals 15 per cent or more of the gross income of the corporation for the taxable year.

The term "mineral, oil, or gas royalties" means all royalties, except "overriding

royalties", received from any interest in mineral, oil, or gas royalties. As used in this

paragraph the term "overriding royalties" means amounts received from the sublease

by the operating company which originally leased and developed the natural resources


property in respect of which such overriding royalties are bid.


SECTION 223. Stock ownership. — For the purpose of determining whether

—

(a) A corporation is a personal holding company in so far as such

determination is based on the stock ownership requirement specified in Section 64(a)

(2), or

(b) Amounts received under a personal service contract or from the sale of

such a contract constitute personal holding company income in so far as such

determination is based on the stock ownership requirement specified in Section 65 (e),

or

(c) Compensation for the use of property constitutes personal holding

company income in so far as such determination is based on the stock owner-ship

requirement specified in Section 65(f), stock owned by an individual includes stock

constructively owned by him as provided in Section 66. All forms and classes of

stock, however denominated, which represent the interests of shareholders, members,

or beneficiaries in the corporation shall be taken into consideration.

SECTION 224. Stock not owned by individual. — In determining the

ownership of stock for any of the purposes set forth in the preceding section, stock

owned, directly or indirectly, by or for a corporation, partnership, estate, or trust shall

be considered as being owned proportionately by its shareholders, partners, or

beneficiaries. For example, if A and B, two individuals, are the exclusive and equal

beneficiaries of a trust or estate, and if such trust or estate owns the entire capital

stock of the M Corporation, and if the M Corporation in turn owns the entire capital

stock of the N Corporation, then the stock of both the M Corporation and the N

Corporation shall be considered as being owned equally by A and B as the individuals

owning the beneficial interest therein.

SECTION 225. Family and partnership ownership. — In determining the

ownership of stock for any of the purposes set forth in Section 223 of these

regulations, an individual shall be considered as owning the stock owned, directly or

indirectly, by or for his family or by or for his partner. For the purposes of such

determination the family of an individual includes only his brothers and sisters

(whether by the whole or half blood), spouse, ancestors, and lineal descendants.


The application of the family and partnership rule in determining the ownership

of stock for the purpose set forth in (a) of Section 223 of these regulations is

illustrated by the following example:

Example: The M Corporation at some time during the last half of the taxable

year had 1,800 shares of outstanding stock, 450 of which were held by various

individuals having no relationship to one another and none of whom were partners,

and the remaining 1,350 were held by 51 shareholders as follows:

Relationship Shares Shares Shares Shares Shares

An individual A 100 B 20 C 20 D 20 E 20

His father AF 10 BF 10 CF 10 DF 10 EF 10

His wife AW 10 BW 40 CW 40 DW 40 EW 40

His brother AB 10 BB 10 CB 10 DB 10 EB 10

His son AS 10 BS 40 CS 40 DS 40 ES 40

His daughter by

former marriage

(son's half sister) ASHS 10 BSHS 40 CSHS 40 DSHS 40 ESHS 40

His brother's wife ABW 10 BBW 10 CBW 10 DBW 160 EBW 10

His wife's father AWF 10 BWF 10 CWF 110 DWF 10 EWF 10

His wife's brother AWB 10 BWB 10 CWB 10 DWB 10 EWB 10

His wife's brother's

wife AWBW 10 BWBW 10 CWBW 10 DWBW 10 EWBW 110

Individual's partner AP 10 - - - - - - - -

By applying the statutory rule provided in Section 66(a) five individuals own

more than 50 per cent of the outstanding stock as follows:

A (including AF, AW, AB, AS, ASHS, AP) 160

B (including BF, BW, BB, BS, BSHS) 160

CW (including C, CS, CWF, CWB) 220

DB (including D, DF, DBW) 200

EWB (including EW, EWF, EWBW) 170

——

Total, or more than 30 per cent 910

Individual A represents the obvious case where the head of the family owns the

bulk of the family stock and naturally is the head of the group. A's partner owns to

shares of the stock. Individual B represents the case where he is still head of the group

because of the ownership of stock by his immediate family. Individuals C and D

represent cases where the individuals fall in groups headed in C's case by his wife and

in D's case by his brother because of the preponderance of holdings on the part of


relatives by marriage. Individual E represents the case where the preponderant holding

of others eliminate that individual from the group.

The method of applying the family and partnership rule as illustrated in the

foregoing example also applies in determining the ownership of stock for the purposes

stated in (b) and (c) of Section 223 of these regulations.

SECTION 226. Options. — In determining the ownership of stock for any

of the purposes set forth in Section 223 of these regulations if any person has an

option to acquire stock, such stock may be considered as owned by person. The term

"option" as used in this section includes an option to acquire such an option and each

one of a series of such options, so that the person who has an option on an option to

acquire stock may be considered as the owner of the stock.


SECTION 227. Definition of foreign personal holding company. — A

foreign personal holding company is any foreign corporation (other than a corporation

exempt from taxation under Section 27 of the Code) which for the taxable year meets

(a) the gross income requirements specified in Section 67 (a) (1), and (b) the stock

ownership requirement specified in Section 67(a) (2). Both requirements must be

satisfied and both must be met with respect to each taxable year.

A foreign corporation which comes within the classification of a foreign

personal holding company for any taxable year beginning after December 31, 1938, is

not subject to taxation for such taxable year under Section 25 of the Code but may be

subject to taxation under that section for other taxable years. The fact that a foreign

corporation is a foreign personal holding company does not relieve the corporation

from liability for the tax imposed generally under Section 24 upon foreign

corporations, since such tax applies regardless of the classification of the foreign

corporation as a-foreign personal holding company.

SECTION 228. Gross income requirement. — To meet the gross income

requirement, it is necessary that either of the following percentages of gross income of

the corporation for the taxable year be foreign personal holding company income in

accordance with Section 68 in relation to Section 65 of the Code:

(a) Sixty per cent of more; or

(b) Fifty per cent or more if the foreign corporation has been classified as a


foreign personal holding company for the taxable year ending after December 31,

1938, unless —

(1) A taxable year has intervened since the last taxable year for which it was

so classified, during no part of which the stock ownership requirement specified in

Section 67 (a) (z) exist; or

(2) Three consecutive years have intervened since the last taxable year for

which it was so classified, during each of which its foreign personal holding company

income was less than 50 per cent of its gross income.

In determining whether the foreign personal holding company income is equal

to the required percentage of the total gauss income, the determination must not be

made on the basis of gross receipts since gross income is not synonymous with gross

receipts. For a further discussion on what constitutes "gross income," see Section

29(n) and the regulations prescribed under that section.

SECTION 229. Stock ownership requirement. — To meet the stock

ownership requirement it is necessary that at some time in the taxable year more than

50 per cent in value of the outstanding stock of the foreign corporation be owned,

directly or indirectly, by or for not more than five individuals who are citizens or

residents of the Philippines.

In the event of any change in the stock outstanding during the taxable year,

whether in the number of shares or classes of stock, or whether in the ownership

thereof, the conditions existing immediately prior and subsequent to each change must

be taken into consideration, since a corporation comes within the classification if the

statutory conditions with respect to stock ownership are present at any time during the

taxable year.

In determining whether the statutory conditions with respect to stock

ownership are present at any time during the taxable year, the phrase "in value" shall,

in the light of all the circumstances, be deemed the value of the corporate stock

outstanding at such time (not including treasury stock). This value may be determined

upon the basis of the company's net worth, earning and dividend paying capacity,

appreciation of assets, together with such other factors as have a bearing upon the

value of the stock. If the value of the stock which is used is greatly at variance with

that reflected by the corporate books, the evidence of such value should be filed with

the return. In any case where there are two or more classes of stock outstanding, the

total value of all the stock should be allocated among the different classes according


to the relative value of each lass therein. DIcSHE


SECTION 230. Gross income and stock ownership requirements of foreign

personal holding companies. — For the purpose of determining whether a foreign

corporation satisfies the gross income requirement prescribed under Section 67(a)(1),

the same items of income classified under Section 65 as personal holding company

income shall, if received by a foreign corporation, be considered as foreign personal

holding company income. In determining whether a foreign corporation satisfies the

stock ownership requirement prescribed under Section 67(a) (2) the rules established

in Section 66 shall apply.


SECTION 231. Income of foreign personal holding companies taxed to

Philippine shareholders. — (a) General rule. — Section 69 does not impose a tax on

foreign personal holding companies. The undistributed net income (from all sources),

of such companies, however, must be included in the manner and to the extent set

forth in this section, in the gross income of their "Philippine shareholders", that is, the

shareholders who are individual citizens or residents of the Philippines.

(b) AMOUNT INCLUDIBLE IN GROSS INCOME. — Each Philippine

shareholder, who was a shareholder on the day in the taxable year of the, foreign

personal holding company which was the last day on which the stockholders

satisfying the stock ownership requirement of Section 67(a)(2), hereinafter referred to

as the "Philippines group", existed with respect to the company, shall include in his

gross income a dividend, for the taxable year in which or with which the taxable year

of the company ends, the amount he would have received as a dividend if on such last

day there has been distributed by the company and received by the shareholders an

amount which bears the same ratio to the net income of the company for the taxable

year as the portion of such taxable year up to and including such last day bears to the

entire taxable year.

The undistributed net income of the foreign personal holding company is

includible only in the gross income of the Philippine shareholders who were

shareholders in the company on the last day of its taxable year on which the Philippine

groups existed with respect to the company. Such Philippine shareholders,

accordingly, are determined by the stock holdings as of such specified time. This

applies to every Philippine shareholder who was a shareholder in the company at the


specified time regardless of whether the Philippine shareholder is included with the

Philippine group.

The Philippine shareholders must include in their gross income their

distributive shares of that proportion of the undistributed net income for the

taxable-year of the company which is equal in ratio to that which the portion of the

taxable year up to and including the last day on which the Philippine group with

respect to the company existed bears to the entire taxable year. Thus if the last day in

the taxable year on which the required Philippine group existed was also the end of

the taxable year, the portion of the taxable year up to and including such last day

would be equal to 100 per cent and in such case, the Philippine shareholders would be

required to return their distributive shares in the entire undistributed net income. But if

the last day on which the required Philippine group existed was September 30, and the

taxable year was a calendar year, the portion of the taxable year up to and including

such last day would be equal to nine-twelfths of the undistributed net income.

The amount which each Philippine shareholder must return is that amount

which he would have received as a dividend if the above specified portion of the

undistributed net income had in fact been distributed by the foreign personal holding

company as a dividend on the last day of its taxable year on which the required

Philippine group existed. Such amount is determined, therefore, by the interest of the

Philippine shareholder in the foreign personal holding company, that is, by the number

of shares of stock owned by the Philippine shareholder and the relative rights of his

class of stock, if there are several classes of stock outstanding. Thus, if a foreign

personal holding company has both common and preferred stock outstanding and the

preferred shareholders are entitled to a specific dividend before any distribution may

be made to the common shareholders, then the assumed distribution of the stated

portion of the undistributed net income must first be treated as a payment of the

specified dividend on the preferred stock before any part may be allocated as a

dividend on the common stock.

The assumed distribution of the required portion of the undistributed net

income must be returned as dividend income by the Philippine shareholders for their

respective taxable years in which or with which the taxable year of the foreign

personal holding company ends. In applying this rule, the date as of which the

Philippine group last existed with respect to the company is immaterial.


SECTION 232. Information returns by officers and directors of certain


foreign corporations. — (a) REQUIREMENT FOR FILING RETURNS. — (1)

General. — Under Section 70 (a), on the 15th day of each month which begins after

July 1, 1939, each individual who on such 15th day is an officer or, a director of a

foreign corporation which, with respect to its taxable year preceding the taxable year

in which such month occurs, was a foreign personal holding company, is required to

file with the Commissioner of Internal Revenue a monthly information return as

provided in Section 70(a). The Commissioner of Internal Revenue may authorize the

filing of returns covering periods longer than a month.

(2) RETURNS JOINTLY MADE. — If two or more officers or directors of a

foreign corporation are required to file information returns for any period under

Section 70(a), any two or more of such officers or directors may, in lieu of filing

separate returns for such period, jointly execute and file one return.

(b) FORM OF RETURN. — The return under Section 70(x). of the Code and

this section shall be made on the form prescribed by the Commissioner of Internal

Revenue. Each officer or director should carefully prepare his return so as to set forth

fully and clearly the information called for therein and by the applicable regulations.

Returns which have not been so prepared will not be considered as meeting the

requirements of the law.

(c) CONTENTS OF RETURN. — The return shall, in accordance with

provisions of this section and the instructions on the form, set forth with respect to the

preceding period the following information:

(1) Name and address of corporation;

(2) Kind of business in which the corporation is engaged;

(3) Date of incorporation;

(4) The country under the laws of which the corporation is incorporated;

(5) Number of shares and par value of common stock of the corporation

outstanding as of the beginning and end of the period;

(6) Number of shares and par value of preferred stock of the corporation

outstanding as of the beginning and end of the period, the rate of

dividend on such stock and whether such dividend is cumulative or

noncumulative;


(7) A description of the convertible securities issued by the corporation,

including a statement of the face value of, and rate of interest on, such

securities:

(8) The name and address of each shareholder, the class and number of

shares held by each, together with any changes in stock holdings during

such period;

(9) The name and address of each holder of securities convertible into stock

of the corporation, the class, number and face value of the securities

held by each, together with any changes in the holding of such securities

during the period;

(10) A certified copy of any resolution or plan, and any amendments thereof

or supplements thereto, for or in respect of the dissolution of the

corporation of the liquidation of the whole or any part of its capital

stock; and

(11) Such other information as may be required by the return form.

If a person is required to file a return under Section 70(a) of the Code

and this section with respect to more than one foreign corporation, a

separate return must be filed with respect to each foreign corporation.

(d) VERIFICATION OF RETURNS. — All returns required by Section 70(a)

and this section shall be verified under oath or affirmation of the parties rendering the

same.

SECTION 233. Annual information returns by officers and directors of

certain foreign corporations. — (a) Requirement for filing returns.

(1) GENERAL. — Under Section 70(b), on the sixtieth day after the close of

the taxable year of a foreign personal holding company each individual who on such

sixtieth day is an officer or director of the corporation shall file with the

Commissioner of Internal Revenue an annual information return as provided in that

section of the Code and this section.

(2) RETURNS JOINTLY MADE. — If two or more officers or directors of a

foreign corporation are required to file annual information returns under Section 70(b)

for any taxable year of the corporation any two or more of such officers or directors


may in lieu of filing separate annual returns for such taxable year, jointly execute and

file one annual return.

(b) FORM OF RETURN. — The return under Section 70(b) and this section

shall be made on the form prescribed by the Commissioner of Internal Revenue. Each

officer or director should carefully prepare his returns so as to set forth fully and

clearly the information called for therein and by the applicable regulations. Returns

which have not been so prepared will not he considered as meeting the requirements

of the law.

(c) CONTENTS OF RETURN. — The return shall, in accordance with the


taxable year of the foreign personal holding company the following information:

(1) The gross income, deductions and credits, net income, and undistributed

net income of the foreign personal holding company for such taxable

year, in complete detail;

(2) The same information with respect to such taxable year which is

required by Section 70(a) and paragraph (c) of the preceding section,

except that if all the required returns with respect to such year have been

filed under Section 70(a) and the preceding section, no information

under Section 70(b) (2) and this paragraph need be set forth in such

annual return; and

(3) Such other information as may be required by the return form.

(d) VERIFICATION OF RETURNS. — All returns required by Section

70(b) and this section shall be verified under oath or affirmation of the parties

rendering the same.


SECTION 234. Information returns by shareholders of certain foreign

corporations. — (a) REQUIREMENT FOR FILING RETURNS.

(1) General. — On the 15th day of each month which begins after July 1,

1939 each Philippine shareholder, by or for whom 50 per cent or more in value of the

outstanding stock of a foreign corporation is owned, directly or indirectly [including,

in the case of an individual, stock owned by members of his family as defined in

Section 66(b)], if such foreign corporation with respect to its taxable year preceding


the taxable year in which such month occurs was a foreign personal holding company,

shall file with the Commissioner of Internal Revenue an information, return as

provided in Section 71(a). The Commissioner of Internal Revenue may authorize the

filing of returns covering period longer than a month.

(2) Duplicate returns. — If a shareholder in a foreign corporation files, as an

officer or director in such corporation, the returns required by Section 70(b), such

returns shall be considered as returns filed under Section 71(a).

(b) FORM OF RETURN. — The return under Section 71(a) shall be made on

the form prescribed by the Commissioner of Internal Revenue. Each shareholder

should carefully prepare his return so as to set forth fully and clearly the information

called for therein and by the applicable regulations. Returns which have not been so

prepared will not be considered as meeting the requirements of the law.



preceding period the same information as required, to be shown on that form by

Section 70(a) and paragraph (c) of Section 232 of these regulations.

If a person is required to file a return under Section 71(a) of the Code and this

section with respect to more than one foreign corporation, a separate return must he

filed with respect to each foreign corporation.

(d) VERIFICATION OF RETURNS. — All returns required by Section 71(a)

of the Code and this section shall be verified under oath or affirmation of the parties

rendering the same.

SECTION 235. Annual information returns by shareholders of certain

foreign corporations. — (a) REQUIREMENT FOR FILING RETURNS.

(1) General. — Under Section 71(b) of the Code, on the sixtieth day after the

close of the taxable year of a foreign personal holding company, each Philippine

shareholder, by or for whom on such sixtieth day 50 per cent or more in value of the

outstanding stock of the company is owned, directly or indirectly [including the case

of an individual stock owned by members of his family as defined in Section 66(b)],

shall file with the Commissioner of Internal Revenue an information returns as

provided in that section and this section.

(2) Duplicate returns. — If a shareholder in a foreign corporation files as an


officer or director in such corporation, the return required by Section 70(b), such

returns shall be considered as returns filed under Section 71(b).

(b) FORM OF RETURN. — The return under Section 71(b) shall be made on

the form prescribed by the Commissioner of Internal Revenue. Each shareholder

should carefully prepare his return so as to set forth fully and clearly the information

called for therein and by the applicable regulations. Returns which have not been so

prepared will not be considered as meeting the requirements of the law.



taxable year of the foreign personal holding company the same information which is

required under Section 71(a), paragraph (c) of Section 232 of these regulations and

paragraph (c) of the preceding section, except that if all the required returns with

respect to such year have been filed under Section 71(a), no return under Section

71(b) is required.

If a person is required to file an annual return under Section 71(b) with respect

to more than one foreign personal holding company, a separate return must be filed

with respect to each foreign personal holding company.

(d) VERIFICATION OF RETURNS. — All returns required by Section

71(b) and this section shall be verified under oath or affirmation of the parties

rendering the same.


SECTION 236. Ad valorem penalty for failure to file return. — In case of a

failure to make and file a return or list within the time prescribed by law, not due to

willful neglect, where such return or list is voluntarily filed by the taxpayer without

notice from the Commissioner of Internal Revenue or other officer and it is shown

that the failure to file it in due time was due to a reasonable cause, no surcharge will

be added to the amount of tax due on the return. In such cases, in order to avoid the

imposition of the surcharge, the taxpayer must make a statement showing all the facts

alleged as a reasonable cause for failure to file the return on time in the form of an

affidavit which should be attached to the return. If the Commissioner of Internal

Revenue is satisfied that the delinquency was due to a reasonable cause, no surcharge

will be added to the tax due on the return. Whether or not reasonable cause exists will

depend upon the circumstances of each case. As a general rule, if the taxpayer

exercised ordinary business care and prudence and was nevertheless unable to file the


return within the prescribed time, the delay will be considered as being due to a

reasonable cause.

In case of a failure to make and file a return or list within the time prescribed

by law, not due to willful neglect, where the taxpayer voluntarily files the return

without notice from the Commissioner of Internal Revenue or other officer and

attaches to such return the affidavit mentioned in the preceding paragraph but where

the Commissioner of Internal Revenue is not satisfied as to the reasonableness of the

cause of the delinquency, a surcharge of 25 per cent will be added to the amount of

tax due on the return.

In case the failure to make and file a return or list within the time prescribed by

law is due to willful neglect a surcharge of 50 per cent will be added to the amount of

tax due on the return. There is willful neglect in the case of a taxpayer who, being

liable to file a return, knowingly delays the filing of such return. Where the filing of

the return has been delayed for a considerable length of time, the delinquency will be

presumed to be due to willful neglect. DHIcET

The amount of surcharge so added to the tax due on the return shall be

collected at the same time and in the same manner and as part of the tax unless the tax

has been paid before the discovery of the cause giving rise to the imposition of the

surcharge, in which case the amount so added shall be collected in the same manner as

the tax.

SECTION 237. Ad valorem penalty for false or fraudulent return. — In case

a false or fraudulent return or list is made, the Commissioner of Internal Revenue

shall add to the tax ascertained to be due on the true net income of the taxpayer a

surcharged of 50 per cent of the amount of such tax. If payment has been made on the

basis of such false or fraudulent return before the discovery of the falsity or fraud, the

basis of the surcharge of 50 per cent will be the amount of the tax due on the true net

income less the amount so paid.


SECTION 238. Penalty for failure to file return or to pay tax. — Any

person liable to pay the tax, to make a return or to supply information required under

Title II of the Code, who refuses or neglects to pay such tax, to make such return or to

supply such information at the time or times specified in each case shall be punished

by a fine of not more than P2,000 or by imprisonment for not more than six months,

or both. In case of a corporation failing to file its, return or pay the tax, the penalty


prescribed under the first paragraph of Section 73 will be imposed upon the president,

vice-resident, or other responsible officer required to file the return of the corporation

or pay the tax due from the same, in accordance with the provisions of Section 46(a)

and 51(b) of the Code. In the case of a duly registered general copartnership, failing to

file the return required under Section 49 of the Code, the penalty prescribed under the

first paragraph of Section 73 will be imposed upon the managing partner or other

responsible officer of such partnership.

SECTION 239. Penalty imposed upon person causing a false or fraudulent

corporate return to be filed. — If a false or fraudulent return is filed for a corporation

or duly registered general copartnership, the individual or any officer thereof causing

such return to be filed shall be punished by a fine not exceeding P4,000 or by

imprisonment for not more than one year, or both.


SECTION 240. Penalty on corporation refusing or neglecting to make

return. — A corporation or duly registered general copartnership, refusing or

neglecting to make a return required under Title II of the Code, or, rendering a false or

fraudulent return, will be liable to a fine of not exceeding P20,000. The fine imposed

under Section 74 will be paid by the corporation or duly registered general

copartnership as an entity, and is in addition to the penalty which may be imposed

under Section 73 of the Code upon the president, vice-president, or other responsible

officer of a corporation or duly registered general copartnership.


SECTION 241. Return of information as to payments of dividends. — Every

domestic resident foreign corporation is hereby required to render a return, in

duplicate, on the form prescribed for corporations (B.I.R. Form No. 17.02) of its

payments of profits or dividends to stock holders for the taxable year or period

covered by the return, stating the name and address of each stockholder, the number

and class of shares owned by him, the date and amount of such dividend paid him, and

when the surplus out of which it was paid was accumulated. Such return should be

verified by the oath or affirmation of the person rendering the same. aHcACT


SECTION 242. Application for and issuance of license for collecting

foreign items. — Every individual or organization undertaking, for profit or otherwise,


the collection of dividends or interest on foreign securities (not payable in the

Philippines) by means of coupons, checks, or bills of exchange shall, upon

application, obtain a license therefor from the Commissioner of Internal Revenue. The

application shall show the name, address, occupation, and status (as to citizenship or

nationality and residence) of the applicant.


SECTION 243. Return of information as to payments of P1,800 or more. —

All persons, corporations, partnerships, and associations, making payment to another

person of fixed or determinable income of P1,800 or more in a taxable year must

render a return thereof to the Commissioner of Internal Revenue within the time fixed

for the filing of the annual returns of said person, corporations, partnerships, and

associations. The name and address of the recipient of the income should be stated, if

possible. Although to make necessary a return of information the income must be

fixed or determinable, it need not be annual or periodical.

The names of all employees to whom payments of P1,800 or over a year are

made, whether such total sum is made up of wages, salaries, commissions, or

compensation in any other form, must be reported. Compensations in kind, such as

living quarters, meals, and lodging, are taxable income to the recipient and, as such,

should be reported if the sum total of the same and the other compensation in cash

received shall amount to P1,500 or more during the year.

In the case of payments of annual or periodical income to nonresident alien

individual or to foreign corporations or firm not engaging in trade or business within

the Philippines and not having any office or place of business therein, the return by

withholding agents shall constitute and be treated as return of information.

SECTION 243. Return of information as to payments of P1,800 or more. —

All persons, corporations, partnerships and associations making payments to another

of fixed or determinable income of P1,800 or more in a taxable .year must render a

return thereof in duplicate on the form prescribed therefor (BIR Form No. 17.01-B).

These forms should be attached to and filed together with the annual income tax

returns of said persons, corporations, partnerships and associations as payers, within

the time fixed by law for the filing of income tax returns. The payments referred to

herein do not include the following:

(1) Dividend payments mentioned under Section 75 of the National Internal


Revenue Code.

(2) Salaries, wages, bonuses, and other compensations in kind, such as

living quarters, meals, and lodging which are subject to withholding tax

and reported in W-2 forms as provided for under Republic Act 590.

(3) Payments subject to withholding tax at source enumerated under Section

53 of the National Internal Revenue Code.

Examples of income covered by these regulations and to be declared in BIR

Form 17.01-B are interests, rents, commissions, royalties, advertisements, professional

fees, and the like, arising generally from payments between payers and recipients who

have no employer-employee relationship.

(Revenue Regulations No. 9-65 amending and superseding section 243

appearing on page 723. As of October 20, 1965, these Regulations, dated June 30,

1965, have not yet been published in the Official Gazette).


SECTION 244. Return of corporation contemplating dissolution or retiring

from business. — All corporations, partnership, joint accounts and associations,

contemplating dissolution or retiring from business without formal dissolution shall,

within 30 days after the approval of such resolution authorizing their dissolution, and

within the same period after their retirement from business, file their income tax

returns covering the profit earned or business done by them from the beginning of the

year up to the date of such dissolution or retirement and pay the corresponding income

tax due thereon upon demand by the Commissioner of Internal Revenue to addition to

the income tax return required to be filed they shall also submit within the same

period the following:

(a) Copy of the resolution authorizing such dissolution;

(b) Balance sheet at the date of dissolution or retirement and a profit and

loss statement covering the period from the beginning of the taxable

year to the date of dissolution or retirement;

(c) In the case of a corporation, the names end addresses of the shareholders

and the number and par value of the shares held by each; and in the case

of a partnership, joint-account or association, the name of the partners or


members and the capital contributed by each;

(d) The value and a description of, the assets received in liquidation by each

shareholder;

(e) The name and address of each individual or corporation, other than

shareholders, if any, receiving assets at the time of dissolution together

with a description and the value of the assets received by such

individuals or corporations; and the consideration, if any, paid by each

of them for the assets received.


SECTION 245. Return of information by brokers. — When required by the

Commissioner of Internal Revenue, each person doing business as a broker shall

render a return or statement showing the names and addresses of customers to whom

or for whom payments were made or from whom business was transacted during the

calendar year or other specified period, and giving all other particulars which may be

needed by the Commissioner of Internal Revenue.


SECTION 246. Information returns as to formation, etc., of foreign

corporation. — (a) IN GENERAL. — Any attorney, accountant, fiduciary, bank, trust

company, financial institution, or other person, who, after July 5, 1939, aids, assists,

counsels, or advises in, or with respect to, the formation, organization, or

reorganization of any foreign corporation (including a foreign association or

partnership) shall file with the Commissioner of Internal Revenue, within thirty days

after giving such aid, assistance, counsel or advise, an information return; as provided

in Section 80 and this section. The return must be filed in every such case (1)

regardless of the nature of the counsel or advice given, whether for or against the

formation, organization, or reorganization of the foreign corporation, or the nature of

the aid or assistance rendered and (2) regardless of the action taken upon the advice or

counsel, that is, whether the foreign corporation is actually formed, organized, or

reorganized.

If, in a particular case, the aid, assistance, counsel or advice given by any

person extends over a period of more than one day and not for more than thirty days,

such persons, to avoid the multiple filing of returns, may file a single return for the

entire period. In such case, the return shall be filed within thirty days from the first


day of such period: If, in a particular case, the aid, assistance, counsel, or advice given

by any person extends over a period of more than thirty days, such person may file a

return at the end of each thirty days included within such period and at the end of the

fractional part of a thirty day period, if any, extending beyond the last full thirty days.

In each such case, the return must disclose all the required information which was not

reported on a prior return.

(b) SPECIAL PROVISIONS. — (1) Employers. — In the case of aid,

assistance, counsel, or advice in, or with respect to, the formation, organization, or

reorganization of a foreign corporation given by a person in whole or in part through

the medium of subordinates or employees (including in the case of a corporation the

officers thereof), the return of the employer must set forth to the full extent all

information prescribed by these regulations, including that which, as an incident to

such employment, is within the possession or knowledge or under the control of such

subordinates or employees.

(2) EMPLOYEES. — The obligation of a subordinate or employee (including

in the case of a corporation the officers thereof) to file a return with respect to any aid,

assistance, counsel, or advice in, or with respect to, the formation, organization, or

reorganization of a foreign corporation, given as an incident to his employment, will

be satisfied if a complete and adequate return as prescribed by these regulations is

duly filed by the employer setting forth all of the information within the possession or

knowledge or under the control of such subordinate or employee.

Clerks, stenographers, and other subordinates or employees, rendering aid or

assistance solely of a clerical or mechanical character in, or with respect to, the

formation, organization or reorganization of a foreign corporation are not required to

file returns by reason of such services.

(3) RETURNS JOINTLY MADE. — If two or more persons aid, assist,

counsel, or advise in, or with respect to, the formation, organization, or reorganization

of a particular foreign corporation, any two or more of such persons may, in lieu of

filing several returns jointly execute and file one return.

(c) PENALTIES. — For criminal penalties for failure to file the return

required by Section 80, see Section 73 of the Code.

(d) CONTENTS OF RETURNS. — The return shall set forth the following

information to the full extent such information is within the knowledge or possession


or under the control of the person required to file the return.

(1) The name and address of the person (or persons) to whom and the

person (or persons) for whom or on whose behalf the aid, assistance,

counsel, or advice was given;

(2) A complete statement of the aid, assistance, counsel, or advice given;

(3) Name and address of the foreign corporation and the country under the

laws of which it was formed, organized, or reorganized;

(4) The months and year when the foreign corporation was formed,

organized, or reorganized;

(5) A statement of how the formation, organization, or reorganization of the

foreign corporation was effected;

(6) A complete statement of the reasons for, and the purposes sought to be

accomplished, by, the formation, organization, or reorganization of the

foreign corporation;

(7) A statement showing the classes and kinds of assets transferred to the

foreign corporation in connection with formation, organization, or

reorganization, including a detailed list of any stock or securities

included in such assets, and a statement showing the names and

addresses of the persons who were the owners of such assets

immediately prior to the transfer;

(8) The names and addresses of the shareholders of the foreign corporation

at the time of the completion of its formation, organization, or

reorganization, showing the classes of stock and number of shares held

by each;

(9) The name and address of the person (or persons) having custody of the

books of account and records of the foreign corporation;

(10) Such other information as may be required by the return form; and

(11) Where any of the information required to be furnished is withheld

because its character is claimed to be privileged as a communication

between attorney and client within the meaning of Section 80, the return


must so state and must contain a complete statement of the nature and

the circumstances of the communication on which a decision as to the

propriety of the claim of privilege may be reached.

If a person aids, assists, counsels, or advises in or with respect to, the

formation, organization, or reorganization of more than one foreign corporation, a

separate return must be filed with respect to each foreign corporation.

(e) VERIFICATION OF RETURN. — All returns required by Section 80 and

this section shall be verified under oath or affirmation.


SECTION 247. Disposition of income tax returns. — All income tax returns

filed with the Commissioner of Internal Revenue constitute public records which shall

be open to inspection under rules and regulations prescribed by the Secretary of

Finance with the approval of the President of the Philippines. The circumstances

under which income tax returns may be inspected by interested parties are dealt with

under separate regulations.

SECTION 248. Publication of list of persons filing returns and paying

taxes. — The second paragraph of Section 81 expressly authorizes the Commissioner

of Internal Revenue, with the approval of the Secretary of Finance, to cause to be

prepared and published in any newspaper or made available to public inspection

through other means, lists containing the names and addresses of persons who have

filed income tax returns, or lists of those who paid income taxes, or both such kinds of

lists.


SECTION 249. Recovery of tax. — A suit or proceeding may be maintained

for the recovery of any internal-revenue tax alleged to have been erroneously or

illegally assessed and collected, in accordance with Section 306 of the Code.

However, where the Commissioner of Internal Revenue believes that a return is false

or fraudulent or contains any understatement or undervaluation and proceeds to assess

and collect the tax due, no portion of the tax so collected shall be recovered by any

suit unless it is proved that the return was not in fact false or fraudulent and did not

contain any understatement or undervaluation, except with respect to return is made in

good faith regarding annual depreciation of oil or gas wells and mines.



SECTION 250. Dividends. — Dividends, for the purpose of the law,

comprise any distribution whether in cash or other property, in the ordinary course of

business, even though extraordinary in amount, made by a domestic or resident

foreign corporation, joint-stock company, partnership, joint account (cuentas en

participacion), association, or insurance company to the shareholders or members out

of its earnings or profits accumulated since March 1, 1913.

Although interest on certain Government bonds and other similar obligations is

not taxable when received by a corporation, upon amalgamation with the other funds

of the corporation, such income loses its identity and when distributed to shareholders,

is taxable to the same extent as other dividend.

A taxable distribution made by a corporation to individual stockholders or

members shall be included is the gross income of the distributees when the cash of

other property is unqualifiedly made subject to their demand. Dividends, in cash or

other property received by an individual, are subject to tax in his hands in the same

manner another income.

Dividends, whether in cash or other property, received by a domestic or

resident foreign corporation from a domestic corporation are taxable only to the extent

of 25 per cent thereof in accordance with Section 24 of the Code. Dividends received

by a domestic corporation from a foreign corporation, whether resident or nonresident,

are taxable to the extent that they constitute income from sources within the

Philippines, as provided in Section 37 (a) (2) (b) of the Code. Dividends paid by the

domestic corporation to a nonresident foreign corporation are taxable in full. (For

definition of the different classes of corporations, see Section 84 of the Code). AIHDcC

SECTION 251. Dividends paid in property. — Dividends paid in securities

or other property (other than its own stock), in which the earnings of a corporation

have been invested, are income to the recipients to the amount of the full market value

of such property when receivable by individual stockholders. When receivable by

corporations, the amount of such dividends includible for purposes of the tax on

corporations are specified in Section 24 of the Code. (See also Section 250 of these

regulations). A dividend paid in stock of another corporation is not a stock dividend,

even though the stock distributed was acquired through the transfer by the corporation

declaring the dividends of property to the corporation the stock of which is distributed

as a dividend. Where a corporation declares a dividend payable in a stock of another


corporation, setting aside the stock to be so distributed and notifying the stockholders

of its action, the income arising to the recipients of such stock is its market value at

the time the dividend becomes payable. Scrip dividends are subject to tax in the year

in which the warrants are issued.

SECTION 252. Stock dividends. — A stock dividend which represents the

transfer of surplus to capital account is not subject to income tax. However a dividend

in stock may constitute taxable income to the recipients thereof notwithstanding the

fact that the officers or directors of the corporation (as defined in Section 84) choose

to call such distribution as a stock dividend. The distinction between a stock dividend

which does not, and one which does, constitute income taxable to the shareholder is

the distinction between a stock dividend which works no change in the corporate

entity, the same interest in the same corporation being represented after the

distribution by more shares of precisely the same character, and a stock dividend

where there either has been a change of corporate identity or a change in the nature of

the shares issued as dividends whereby the proportional interest of the shareholders

after the distribution is essentially different from his former interests. A stock

dividend constitutes income if it gives the shareholder an interest different from that

which his former stock holdings represented. A stock dividend does not constitute

income if the new shares confer no different rights or interests than did the old — the

new certificates plus the old representing the same proportionate interest in the net

assets of the corporation as did the old.

SECTION 253. Sale of stock received as dividends. — Stock issued by a

corporation, as a dividend, does not constitute taxable income to a stockholder in such

corporation, but gain may be derived or loss sustained by the stockholder, whether

individual or corporate, from the sale of such stock, which gain or loss will be treated

as arising from the sale or exchange of a capital asset. (See Section 34 of the Code.)

The amount of gain derived or loss sustained from the sale of such stock, or from the

sale of the stack with respect to which it is issued, shall be determined in accordance

with the following rules:

(a) Where the stock issued as dividend is all or substantially the same

character or preference as the stock upon which the stock dividend is paid, the cost of

each share (or when acquired prior to March 1, 1913, the fair market value as of such

date) will be the quotient of the cost (or such fair market value) of the old shares of

stock divided by the total number of the old and new shares.

(b) Where the stock issued as a dividend is in whole or in part of a character


or preference materially different from the stock upon which the stock dividend is

paid, the cost (and when acquired prior to March 1, 1913, the fair market value as of

such date) of the old shares of stock shall be divided between such old stock and the

new stock, in proportion, as nearly as may be, to the respective value of each class of

stock, old and new, at the time the new shares of stock are issued, and the cost (or

when acquired prior to March 1, 1913, the fair market value as of such date) of each

share of stock will be the quotient of the cost (or such fair market value as of March 1,

1913) of the class to which such share belongs divided by the number of shares in that

class.

(c) Where the stock with respect to which a stock dividend is issued was

purchased at different times and at different prices and the identity of the lots can. not

be determined, any sale of the original stock, will be charged to the earliest purchases

of such stock, and any sale of dividend stock issued with respect to such stock will be

presumed to have been made from the stock issued with respect to the earliest

purchased stock, to the amount of the dividend chargeable to such stock.

(d) Where the stock with respect to which a stock dividend is declared was

purchased at different times and at different prices, and the dividend stock issued with

respect to such stock can not be identified as having been issued with respect to any

particular lot of such stock, then any sale of such dividend stock will be presumed to

have been made from the stock issued with respect to the earliest purchased stock, to

the amount of the stock dividend chargeable to such stock.

SECTION 254. Declaration and subsequent redemption of a stock dividend.

— A true stock dividend is not subject to tax on its receipt in the hands of the

recipient. Nevertheless, if a corporation, after the distribution of a stock dividend,

proceeds to cancel or redeem its stock at such time and in such manner as to make the

distribution and cancellation or redemption essentially equivalent to the distribution of

a taxable dividend, the amount received in redemption or cancellation of the stocks

shall be treated as a taxable dividend to the extent of the earnings or profits

accumulated by such corporation since March 1, 1913.

SECTION 255. Sources of distribution. — For the purpose of income

taxation every distribution made by a corporation is made out of earnings or profits to

the extent thereof and from the most recently accumulated earnings or profits. In

determining the source of a distribution, consideration should be given first, to the

earnings or profits of the taxable year; second, to the earnings or profits accumulated

since February 28, 1913, only in the case where, and to the extent that, the distribution


made during the taxable year are not regarded as out of the earnings or profits of the

taxable year and all the earnings or profits accumulated since February 28, 1913, have

been distributed; and, fourth, to sources other than earnings or profits only after the

earnings or profits have been distributed.

SECTION 256. Distribution in liquidation. — In all cases where a

corporation (as defined in Section 84) distributes all of its property or assets in

complete liquidation or dissolution, the gain realized from the transaction by the

stockholder, whether individual or corporate, is taxable to the extent recognized in

Section 34(b) of the Code. For this purpose, the term "complete liquidation" includes

any one of a series of distributions made by a corporation in complete cancellation or

redemption of all of its stock in accordance with a bona fide plan of liquidation under

which the transfer of all the assets under liquidation is to be complete within a

reasonable time from the date of the first distribution, usually not to exceed one year

from the time of such first distribution. If the amount received by the stockholder in

liquidation is less than the cost or other basis of the stock, the loss in the transaction is

deductible to the extent allowed in Section 34(c) of the Code.


SECTION 257. Income and deductions of American citizens residing in the

Philippines. — Under subsection (u) of Section 84, a citizen of the United States

residing in the Philippines, is taxable on income from sources both within and without

the Philippines, except income from sources within the United States. Accordingly,

items of deductions allocable to income of such taxpayer from sources within the

United States are not deductible from his income subject to Philippine income tax.

(Deemed repealed since our independence).

SECTION 258. Effective date. — These regulations shall take effect upon

their promulgation in the Official Gazette.

(Promulgated February 11, 1941, XXXIX Off. Gaz., No. 18, page 325)

Recommended by:

BIBIANO L. MEER

Collector of Internal Revenue


MANUEL ROXAS

Secretary of Finance

SUPPLEMENT A — WITHHOLDING ON WAGES

(Articles 1 to 9 will be found after Section 84 of the Code)







APPENDIX CCC

Subject : Tax exemptions of (1) all donations and grants to the Philippine

Inventors Commission and (2) the manufacture of local inventions

The Law : Republic Act No. 3850 (Excerpts)

SEC. 1. This Act shall be known and cited as the "Philippine Inventors

Incentives Act."

SEC. 9. All donations and grants to the Commission shall be tax-exempt

and deductible in full from the donor's income tax returns when evidenced by a certificate

duly issued by the Commissioner. Any person who evades or defeats, or attempts to evade or

defeat in any manner any tax imposed by law by availing himself of the provisions of this

section through fraud or misrepresentation shall be punished by a fine of not more than five

thousand pesos or imprisonment not exceeding one year or both, in the discretion of the

court. In case the violator is a corporation or association, the president or general manager

thereof shall be criminally liable without prejudice to the criminal responsibility of the

member, officer or employee thereof committing such violation.

SEC. 10. To promote and encourage the manufacture of local inventions, they

shall be exempted from all kinds of taxes, licenses and permits during the first five years

from the date of the grant of the letters of patent: Provided, That their capitalization does not

exceed fifty thousand pesos: And provided, further, That their manufacture is carried out by

the inventor himself as a home industry.

SEC. 15. This Act shall take effect upon its approval.

Approved, April 13, 1964.

APPENDIX DDD

Subject : Tax and other exemptions of "naphtha" in certain cases, for five

years from January 1, 1965 to December 31, 1969

The Law : Republic Act No. 4068

SEC. 1. Any provision of law to the contrary notwithstanding, any

person, partnership, company or corporation engaged or which shall engage in the

manufacture of chemical products, including the direct reduction of iron ore shall be entitled

to exemption from the payment of special import tax, specific tax, fees, dues, customs duties

and all other taxes of whatever nature or description, payable by such person, partnership,

company or corporation in respect to their local purchase and importation of naphtha when


used as a feedstock or raw material in chemical industries and the direct reduction of iron ore

and only when, in the course of such manufacture, its chemical structure is changed:

Provided, however, That naphtha when used as a fuel, solvent, lubricant, feedstock for

petroleum refineries or for other purposes, is subject to the corresponding taxes, dues and

customs duties: Provided, further, That the exemption from the special import tax, specific

tax, fees, dues and customs duties and all other taxes of whatever nature and description on

such naphtha shall be made only when the Department of Finance, after investigation, finds

that the following concur:

(a) Naphtha sought to be exempted has the following specifications:

Gravity, ° API 60 to 88

Distillation, ASTM, ° F 80 to 450

Total Sulfur, wt. % 0.01 to 0.2

Unsaturates, vol. % trace to 1.0

Aromatics, vol. % trace to 30

(b) It will be used directly and exclusively as feedstock or raw material and that, in

the course of manufacture, its chemical structure is changed.

(c) It will be stored separately and such storage shall be provided with facilities to

measure or record the quantity of naphtha used as raw material or feedstock.

(d) The shipping and other supporting documents covering the local purchase or

importation are in the name of the tax-exempt firm to whom the goods shall be delivered

directly.

SEC. 2. Any person, partnership, company or corporation eligible to tax

exemption privileges under the preceding section and enjoying tax exemption privileges on

its local purchase and importations of raw materials under other existing laws, shall not enjoy

tax exemption privileges under this Act without relinquishing its tax exemption privileges

under other existing laws insofar as its local purchase and importations of naphtha are

concerned.

SEC. 3. The Department of Finance shall promulgate the rules and regulations

necessary for the implementation of this Act: Provided, That any violation of this Act or of

the rules and regulations issued in accordance with this section, and any misrepresentation of

any essential fact required by said rules, shall subject the offender to cancellation of his

exemption privilege and to the payment of double the duties and taxes involved; and to

imprisonment of not less than two nor more than four years and a fine of not less than ten

thousand pesos nor more than twenty thousand pesos. Where the offender is a partnership,

corporation or other entity, the president, manager or person in charge thereof shall be

criminally responsible therefor and, in the case of an alien, he shall be ordered deported.


SEC. 4. All existing laws, executive orders, and administrative rules and

regulations or parts thereof, which are inconsistent with the provisions of this Act are hereby

repealed or modified accordingly.

SEC. 5. This Act shall be effective for a period of five years beginning January

first, nineteen hundred sixty-five to December thirty-first, nineteen hundred sixty-nine.

Approved, June 18, 1964.

APPENDIX EEE

Subject : Exemption from duties and taxes of certain importations by the

textile industry, subject to specified conditions


SEC. 2. Period of non-payment of duties and taxes. Any person, partnership,

company or corporation covered by this Act shall be excluded from the payment of duties

and taxes as follows:

(a) One hundred per centum of the taxes and duties due during the period from the

date of the approval of this Act up to December thirty-first, nineteen hundred sixty-six;

(b) Seventy-five per centum of the taxes and duties due during the period from

January first, nineteen hundred sixty-eight;

(c) Fifty per centum of the taxes and duties due during the period from January first

to December thirty-first, nineteen hundred seventy;

(e) On or after January first, nineteen hundred seventy-one all taxes and duties shall

be paid in full.

SEC. 4. All textile manufacturers who register under this Act shall, in lieu of the

taxes herein exempted, be assessed and shall pay a special tax of one per centum of their

gross sales as defined by the National Internal Revenue Code, to be paid in the same manner

and at the same time and subject to the same penalties and surcharges as the sales-tax, which

shall constitute a Special Textile Research Fund, to be disposed of and disbursed by the

National Science Development Board for research, experiment and study in such projects as,

in its judgment, will contribute to the local growth, production or manufacture of raw

materials needed by the industry; and to the improvement or invention of machinery

equipment processes or production methods for the industry.

SEC. 5. Any person, partnership, company or corporation eligible to tax


exemption privileges under this Act and enjoying tax exemption under other existing laws

shall not enjoy tax exemption privileges under this Act.



APPENDIX FFF

Subject : Tax exemption of private development banks


SEC. 1. This Act shall be known as "The Private Development Bank's Act."

SEC. 10. All existing private development banks shall be totally exempted from

the payment of income and gross receipts taxes for a period of three (3) years after the

effectivity of this Act. Thereafter, they shall be taxed on a gradually increasing basis of

twenty-five percent (25%) per year for the next succeeding four (4) years after the end of

which period they shall pay all taxes in full. Those banks that may be established within three

(3) years from the date of effectivity of this Act, shall be totally exempted from income and

gross receipts taxes for three years from the date off their organization. Thereafter they shall

be taxed on a gradually increasing basis of twenty-five per cent (25%)) per year for the next

succeeding four (4) years after the end of which period they shall pay all such taxes in full.



APPENDIX GGG

Subject : Limitation in the tariff or taxes that may be imposed on importation

of high grade foreign leaf tobacco


SEC. 4. Importation of foreign leaf tobacco only for blending purposes. .

. . : Provided, further, That no other tariff or taxes shall be imposed on high grade foreign

leaf tobacco so imported except an amount equivalent to one hundred per centum; of its

landed cost.

SEC. 10. Effectivity. — This Act shall take effect upon its approval.



APPENDIX HHH

THE INTERNAL REVENUE LAWS PRIOR TO THEIR CODIFICATION IN 1939

Citations of the sources or patterns of the original provisions of the Code, as found

mostly in Volume II of the Report of the Tax Commission, tabulated section by section.

Sources or Patterns of the Original Provisions of the

Code as found mostly in the Report of the

Tax Commission, Volume II.

(1) (2) (3) (4)

Sections of Sections of Sections of the

the Code the Report 2 Adm. Code 3 Other Sources or Patterns

1 1 1420

2 2 1421

3 3 1423

4 1424, as amended by Acts Nos. 2819, 2833 and 2835

5 4 1425

6 5 1426

7 6 1427

8 7 1428

9 8 1429

10 9 1430

11 10 1431

12 11 1432

13 12 1433

14 13 1434


15 14 1435, as amended by SEC. 1 of Act No. 2892

16 15 1436

17 16 1437

18 17 1438, as amended by SEC. 2 of Act No. 2819

19 to 84 18 to 83 Act of the U. S. Congress of October 3, 1913

(in force from March 1, 1913 to December 31,

1915)

Act of the U. S. Congress of September 8, 1916

(in force from January 1, 1916 to December 31,

1918)

Act No. 2833 of the Philippine Legislature

(in force from January 1, 1919 to December 31,

1919)

Act No. 2926 of the Philippine Legislature (in

force from January 1, 1920 to December 31,

1935)

Commonwealth Act No. 117 (in force from

January 1, 1936 to December 31, 1938)

85 84 No citation

86 85 1536, as amended by SEC. 10, Act No. 2835, sec. 1

Act No. 3031; and sec. 1, Commonwealth

Act No. 106

87 86 1541

88 87 Section 302 of the U. S. Revenue Act 1926, as amended

by SEC. 401 of the Revenue Act of 1934 and by

sec. 805 of the Revenue Act of 1936

89 88 1538 and 1539, as amended by secs. 1 and 2, respectively, of

Act No. 3606

90 89 1543

91 90 1542

92 91 No citation

93 92 1544

94 93 No citation


95 94 1545

96 95 No citation

97 96 No citation

98 97 No citation

99 98 No citation

100 99 No citation

101 100 No citation

102 101 No citation

103 102 1546

104 103 1547

105 104 1548

106 105 1537, as amended by section II of Act No. 2835

107 106 2739

108 to 122 107 to 121 No citation

123 122 1478

124 123 1479

125 124 1480

126 125 1482

127 126 1483

128 127 1484

128-A No citation

129 128 1485, as amended by section 1 of Act No. 2733

130 129 1488

131 130 1489






136 135 1490

137 137 1492


139 139 No citation

140 140 No citation

141 142 1494

142 143 1495

143 144 1496

144 145 No citation

145 146 No citation

146 147 1497

147 148 1498

148 149 1498-A

149 151 1553

150 152 1554

151 153 1555

152 154 1556

153 155 1557

154 156 1558

155 157 1559

156 158 1560

157 159 1561

158 160 1562

159 161 1563

160 162 1564

161 163 1565

162 164 1566

163 165 1567


164 166 1568

165 167 1569

166 168 1470

167 169 1571

168 170 1572

169 171 1573

170 172 2721

171 173 2724

172 174 2725

173 175 2726

174 176 2727

175 177 2728, as amended by SECTION 2 of Commonwealth Act 207

176 178 2730

177 179 2736

178 180 1453

179 181 1454

180 182 1455

181 183 1456

182 184 1457, as amended by Commonwealth Act No. 243

183 185 1458

184 186 1459

185 191 No citation

185-A No citation

186 No citation

186-A No citation

187 No citation

188 No citation

189 No citation


190 189

191 193 1462

192 194 1463

193 195 1464

194 196 1465

195 197 1466

196 198 1468

197 199 1469

198 200 1470

199 201 1471

200 202 1472

201 203 1473

202 204 1474

203 205 1449

204 206 No citation

205 207 1550

206 208 1551

207 209 1552

208 210 2722

209 211 2723

210 212 1449

211 213 1449 (a)

212 124 1449 (b)

213 215 1449 (c)

214 216 1449 (d)

215 127 1949 (e)

216 218 1449 (f)

217 219 1449 (g)


218 220 1449 (h)

219 221 1449 (i)

220 222 1449 (j)

221 223 1449 (k)

222 224 1449 (l)

223 225 1449 (m)

224 226 1449 (n)

225 227 1449 (o)

226 228 1449 (p)

227 229 1449 (q)

228 230 1449 (s)

229 231 1449 (t)

230 232 1449 (u)

231 233 1449 (v)

232 234 1449 (w)

233 235 1449 (x)

234 236 1449 (y)

235 237 1449 (z)

236 238 1450

237 239 1451, as amended by sec. 2 of Act No. 3047


239 241 2721

240 242 2720

241 243 No citation

242 244 Section 3 of Act No. 2719, as amended by

sec. 1 of Act No. 3516

Section 79 of Commonwealth Act No. 137

243 245 No citation

244 246 Sections 79 and 88 of Commonwealth Act No. 137


245 247 No citation

246 248 No citation

247 249 No citation

248 250 No citation


250 252 1500

251 253 1501

252 254 1502

253 255 1503

254 256 1504

255 257 1505

256 258 1506

257 259 1507

258 260 Section 192 of Act No. 2427, as amended by section 2

of Act. No. 2648 and section 4 of Act No. 3575

259 261 1508

260 262 Section 1 of Commonwealth Act No. 128

260-A No citation

260-B No citation

260-C No citation

261 263 Section 2 of Commonwealth Act No. 128

262 264 1509

263 265 1510

264 266 1511

265 267 1512

266 268 1513

267 269 1514

268 270 1515

269 271 1516


270 272 1517

271 273 1518

272 274 1519

273 275 1520

274 276 1521

275 277 1522

276 278 1523

277 279 1524

278 280 1525

279 281 1526

280 282 1527

281 283 1528

282 284 1529

283 285 1530

284 286 1531

285 287 1532

286 288 1533

287 289 2732

298 290 2733

289 291 2734

290 292 Section 1 of Act No. 3097



Commonwealth Act No. 195
















303 305 Section 22 of Act No. 2152 (Irrigation Act)

304 306 Section 23 of Act No. 2152 (Irrigation Act)

305 307 1578

306 308 1579 and Section 3226 of the U.S. Revised Statutes, as

amended by the Revenue Act of 1932

307 309 1580

308 310 1581

309 311 1582

310 312 1583

311 313 1584

312 314 1585

313 315 1586

314 316 1587

315 317 1588

316 318 1589

317 319 No citation

318 320 1590

319 321 1591

320 322 1591

321 323 1592

322 324 1593


323 325 1594

324 326 1595

325 327 1596

326 328 1597

327 329 1598

328 330 1599

329 331 1600

330 332 1601

331 333 Section 275 of the U. S. Revenue Act of 1938



334 336 Section 1 of Act No. 3292 (Bookkeeping Law)




338 340 No citation

339 341 1574

340 342 1575

341 343 1576

342 344 1577

343 345 No citation

344 346 No citation

345 347 2714

346 348 2715

347 349 2716

348 350 2717

349 351 2731

350 352 No citation


351 353 No citation

352 354 2741

353 355 No citation


355 357 No citation

356 358 2738

357 359 485

358 360 486

359 361 488


361 363 1495

362 364 490

363 365 491

364 366 492

365 367 494

366 368 495

367 369 498

368 370 497

369 371 Laws repealed


371 373 Effective date

1 Commonwealth Act No. 466.

2 Report of the Tax Commission, Volume II.

3 Act No. 2711 (Revised Administrative Code of the Philippines)


Endnotes

1 (Popup - Popup)

Appendix CCC

Appendix DDD

Appendix EEE

Appendix FFF

Appendix GGG

Appendix HHH

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