Corporate Income Tax Regulations Quiz

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Questions and Answers

What is the minimum corporate income tax rate imposed on corporations starting from the fourth taxable year?

  • 2% (correct)
  • 3%
  • 5%
  • 1%

What was the effective minimum corporate income tax rate between July 1, 2020 and June 30, 2023?

  • 4%
  • 3%
  • 1% (correct)
  • 2%

Which entity is subject to a corporate income tax rate of twenty-five percent (25%) as of July 1, 2020?

  • Foreign corporations (correct)
  • Small businesses
  • Non-profit organizations
  • Local corporations

How is the taxable income calculated for corporations that adopt the fiscal-year accounting period?

<p>By averaging monthly income over the fiscal year (B)</p> Signup and view all the answers

What is the minimum corporate income tax imposed on resident foreign corporations?

<p>Two percent (2%) of gross income (B)</p> Signup and view all the answers

What provision applies specifically to regional or area headquarters of multinational companies regarding income tax?

<p>Not subject to income tax (C)</p> Signup and view all the answers

The corporate income tax rate applied to resident foreign corporations is related to what?

<p>Taxable income derived in the preceding year (D)</p> Signup and view all the answers

Which of the following conditions must be met for the minimum corporate income tax to apply to a corporation?

<p>The corporation has been operating for at least four taxable years (B)</p> Signup and view all the answers

What is the corporate income tax rate imposed on corporations with net taxable income exceeding P5,000,000?

<p>25% (B)</p> Signup and view all the answers

Which corporations are taxed at a reduced rate of 20%?

<p>Corporations with net taxable income up to P5,000,000 (D)</p> Signup and view all the answers

What tax rate must proprietary educational institutions and hospitals pay on their taxable income starting July 1, 2020, until June 30, 2023?

<p>1% (D)</p> Signup and view all the answers

How is taxable income computed for corporations adopting a fiscal-year accounting period?

<p>Equally for each month of the fiscal year (C)</p> Signup and view all the answers

What happens if the gross income from unrelated trade exceeds 50% for educational institutions or hospitals?

<p>The tax imposed on all taxable income is 25% (B)</p> Signup and view all the answers

What is the tax rate for proprietary educational institutions and hospitals that are nonprofit and do not exceed the income threshold for unrelated trade?

<p>10% (A)</p> Signup and view all the answers

How is the corporate income tax rate applied to the taxable income over the fiscal year?

<p>On the amount computed based on the number of months covered (B)</p> Signup and view all the answers

What is the asset limit for corporations to qualify for the reduced income tax rate of 20%?

<p>P100,000,000 (C)</p> Signup and view all the answers

What condition allows no gain or loss to be recognized when property is transferred to a corporation?

<p>The transfer is made by not more than four persons who collectively maintain control. (B)</p> Signup and view all the answers

Which of the following is NOT considered a type of reorganization?

<p>Transfer of assets in exchange for cash. (C)</p> Signup and view all the answers

In a merger or consolidation, what is required for the exchange to be classified as solely for stock?

<p>The exchange must disregard any liabilities assumed. (D)</p> Signup and view all the answers

What does recapitalization involve?

<p>Readjusting stock and bonds as to amount, income, or priority. (C)</p> Signup and view all the answers

How is the stock issued for services categorized in the context of property exchanges?

<p>It is excluded from being considered as issued for property. (C)</p> Signup and view all the answers

What must occur for a corporation to gain control of another corporation after an acquisition?

<p>The acquiring corporation must have control immediately after acquisition. (C)</p> Signup and view all the answers

When transferring property to a corporation, which situation qualifies for tax exemption?

<p>The property is used in a business context. (D)</p> Signup and view all the answers

Which party is involved in a reorganization through recapitalization?

<p>The corporation's stockholders and creditors. (B)</p> Signup and view all the answers

What is the tax rate imposed on regional operating headquarters on their taxable income as of January 1, 2022?

<p>10% (B)</p> Signup and view all the answers

What tax rate applies to interest income derived by a resident foreign corporation from a depository bank under the expanded foreign currency deposit system?

<p>15% (D)</p> Signup and view all the answers

What is the final tax rate on net capital gains from the sale of stocks not traded on the stock exchange?

<p>15% (A)</p> Signup and view all the answers

What is the tax rate imposed on a nonresident foreign corporation on gross income received from sources within the Philippines?

<p>25% (B)</p> Signup and view all the answers

Under the regulations, what type of income received by a resident foreign corporation is subject to a final tax at 20%?

<p>Interest from currency bank deposits (B)</p> Signup and view all the answers

What kinds of income are specifically excluded from the 25% tax on nonresident foreign corporations?

<p>Capital gains not subject to tax under specific regulations (D)</p> Signup and view all the answers

As of January 1, 2021, what applies to foreign corporations not engaged in trade or business in the Philippines?

<p>They pay a tax of 25% on gross income. (A)</p> Signup and view all the answers

What type of income is specifically identified as subject to a final tax under the regulations concerning nonresident foreign corporations?

<p>Interest on foreign loans (D)</p> Signup and view all the answers

Which residential properties are exempt from the value-added tax?

<p>Residential lots valued at P2,500,000 and below (C)</p> Signup and view all the answers

What is the frequency of adjustment for the residential property value thresholds starting January 1, 2024?

<p>Every three years (A)</p> Signup and view all the answers

Which materials are exempt from value-added tax as educational reading materials?

<p>Books and materials covered by the UNESCO Agreement (D)</p> Signup and view all the answers

When did the exemption for prescription drugs for diabetes and high cholesterol begin?

<p>January 1, 2020 (C)</p> Signup and view all the answers

What is required for the exemption of capital equipment and raw materials for COVID-19 prevention?

<p>Certification from the DTI that local materials are insufficient (D)</p> Signup and view all the answers

Which of these drugs became exempt from tax starting January 1, 2021?

<p>Drugs specifically used for COVID-19 treatment (B)</p> Signup and view all the answers

What must the DTI certify regarding the claimed exemption for COVID-19 related importation?

<p>That local materials are not available or are insufficient (D)</p> Signup and view all the answers

How often must the DOH provide a list of prescription drugs and medical devices for COVID-19?

<p>Every three months (B)</p> Signup and view all the answers

For what duration is the exemption for specific drugs for COVID-19 valid?

<p>Until December 31, 2023 (B)</p> Signup and view all the answers

Which of the following is NOT listed as a condition for the exemption of prescription drugs?

<p>Must be inexpensive (D)</p> Signup and view all the answers

Who constitutes the Congressional Oversight Committee as per section 290?

<p>Chairpersons of the Committee on Ways and Means and four additional designated members (D)</p> Signup and view all the answers

What is the primary function of the Congressional Oversight Committee according to the provided content?

<p>To review the performance of the Fiscal Incentives Review Board (B)</p> Signup and view all the answers

Which entities retain their respective mandates, powers, and functions under the new Title XIII on tax incentives?

<p>The Department of Finance, Bureau of Internal Revenue, and Bureau of Customs (A)</p> Signup and view all the answers

Under the new Title XIII, who has the authority to grant tax incentives?

<p>The Fiscal Incentives Review Board and Investment Promotion Agencies under delegated authority (C)</p> Signup and view all the answers

What does SEC. 291 clarify regarding the scope and coverage of tax incentives?

<p>It covers all existing Investment Promotion Agencies unless specifically exempted. (B)</p> Signup and view all the answers

What does the term 'Strategic Investment Priority Plan' relate to in Title XIII?

<p>The basis for granting tax incentives to registered business enterprises (C)</p> Signup and view all the answers

Which statement about the powers of Investment Promotion Agencies is true according to the amendments?

<p>They maintain their functions and powers as per their governing special laws except when modified. (B)</p> Signup and view all the answers

What is indicated by the term 'Fiscal Incentives Review Board' within the context of the amendments?

<p>An entity responsible for granting tax incentives (C)</p> Signup and view all the answers

Flashcards

Philippine Corporate Income Tax Rate

A tax rate of 25% imposed on the taxable income of corporations in the Philippines.

Tax Rate for Small Corporations

Corporations with net taxable income not exceeding ₱5,000,000 and total assets not exceeding ₱100,000,000 (excluding land for operations) are subject to a reduced income tax rate.

Tax Rate Application for Fiscal Year

The corporate income tax rate is applied proportionally based on the duration of the new rate within the corporation's fiscal year.

Tax Rate for Non-Profit Educational Institutions and Hospitals

Non-profit educational institutions and hospitals are subject to a reduced income tax rate of 10% on their taxable income.

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Unrelated Trade, Business or Other Activity

The term "unrelated trade, business or other activity" refers to any trade, business, or activity that is not directly related to the primary purpose of an educational institution or hospital.

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Tax Rate for Non-Profit Institutions with High Unrelated Income

If the gross income from unrelated activities exceeds 50% of the total gross income of a non-profit educational institution or hospital, the regular corporate income tax rate applies.

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Temporary Tax Reduction for Non-Profit Institutions

The tax rate for non-profit educational institutions and hospitals was reduced to 1% from July 1, 2020, until June 30, 2023.

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Exemption for Non-Profit Educational Institutions and Hospitals

Non-profit educational institutions and hospitals are not subject to the regular corporate income tax rate if they meet certain conditions.

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Corporate Income Tax on Foreign Corporations

A tax imposed on corporations doing business in the Philippines, calculated at 25% of their taxable income derived within the Philippines.

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Taxable Income of Foreign Corporation

The income a corporation receives from all its sources within the Philippines during a given tax year.

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Minimum Corporate Income Tax for Foreign Corporations

A minimum tax imposed on foreign corporations operating in the Philippines, calculated as 2% of their gross income. Applies when it exceeds regular income tax.

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Effective Period of Reduced Tax Rate

A period of time during which a specific tax rate is applied. Here, the tax rate is reduced for a specific duration.

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Accounting Period

The accounting method used by a corporation to track its financial performance. It can be based on a calendar year or a fiscal year.

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Fiscal Year

A fiscal year is a 12-month period used for accounting purposes. It doesn't necessarily align with the calendar year.

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Tax Exemption for Regional Headquarters

Regional headquarters of multinational companies, as defined in Section 22(DD), are not subject to income tax.

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Foreign Source Income

Income earned by a foreign corporation from business operations outside the Philippines.

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Tax on Regional Operating Headquarters

Regional operating headquarters, as defined in Section 22(EE), are subject to a 10% tax on their taxable income. However, starting January 1, 2022, they are subject to the regular corporate income tax.

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Tax on Interest Income from Foreign Corporations

Interest from deposits, yields from deposit substitutes, trust funds, and royalties earned within the Philippines are taxed at a final rate of 20%. However, interest income earned by a resident foreign corporation from a depository bank under the expanded foreign currency deposit system is taxed at 15%.

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Tax on Capital Gains from Shares of Stock Not Traded in the Stock Exchange

A final tax of 15% is imposed on net capital gains realized from the sale, barter, exchange, or other disposition of shares in a domestic corporation, except those sold through a stock exchange.

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Tax on Nonresident Foreign Corporations

Foreign corporations not engaged in trade or business in the Philippines, effective January 1, 2021, are taxed at 25% on their gross income from sources within the Philippines. This includes interests, dividends, rents, royalties, salaries, premiums, annuities, emoluments, and capital gains, except those subject to specific tax rates under subparagraph 5(c).

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Tax on Interest on Foreign Loans

This tax applies to interest earned on foreign loans by non-resident foreign corporations.

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Tax on Intercorporate Dividends

A special tax rate applies to intercorporate dividends, a type of income generated within corporations.

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Reorganization (Acquisitions)

A business combination where one corporation acquires all or a substantial portion of another corporation's assets or stock in exchange solely for its own voting stock.

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Reorganization (Recapitalization)

A restructuring of a corporation's capital structure, involving changes to the amounts, income, or priority of its stocks and bonds.

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Reorganization (Reincorporation)

The creation of a new corporation with the same assets, stockholders, and business operations as a previous corporation, but under a new charter.

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Reorganization (Property Transfer)

The transfer of property to a newly formed corporation in exchange for its stock, resulting in the transferors controlling the new corporation.

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Reorganization (Liability Assumption)

The acquiring corporation's assumption of liabilities of the other corporation is disregarded when determining if the exchange is solely for stocks.

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Reorganization (Stock for Services)

Stocks issued for services rendered are not considered to be issued in exchange for property for reorganization purposes.

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Reorganization (Tax Exemption)

Sales or exchanges of business property for stocks under reorganization rules are exempt from value-added tax.

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Reorganization (Tax Ruling)

Prior tax rulings from the Bureau of Internal Revenue are not needed to claim tax exemption for reorganization transactions.

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VAT Exemption for Real Estate

The sale of real estate properties that are not primarily intended for resale to customers or for leasing as part of a regular business operation is exempt from value-added tax (VAT). This includes real estate utilized for low-cost and socialized housing, as defined by the Urban Development and Housing Act of 1992. Additionally, residential lots valued at P2,500,000 or less, and houses and lots or other residential dwellings valued at P4,200,000 or less, are also exempt. These value thresholds are subject to adjustment every three years based on the Consumer Price Index, as published by the Philippine Statistics Authority.

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VAT Exemption for Educational Materials

The sale, importation, printing, or publication of books, newspapers, magazines, journals, reviews, bulletins, and educational materials covered by the UNESCO Agreement is exempt from VAT. This exemption also applies to digital or electronic formats of such materials. However, the exemption does not apply if the primary purpose of the publication is to carry paid advertisements.

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VAT Exemption for Prescription Drugs

The sale or importation of prescription drugs and medicines specifically for diabetes, high cholesterol, and hypertension is exempt from VAT starting January 1, 2020. This exemption was extended to include cancer, mental illness, tuberculosis, and kidney disease medications starting January 1, 2021. The Department of Health (DOH) publishes a list of approved drugs and medicines that qualify for this exemption.

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VAT Exemption for COVID-19 Related Goods and Services

The sale or importation of capital equipment, spare parts, and raw materials necessary for the production of personal protective equipment (PPE) components is exempt from VAT from January 1, 2021, to December 31, 2023. The Department of Trade and Industry (DTI) must certify that the imported items are not readily available or insufficient locally, or do not meet the required quality or specifications. This exemption also includes all drugs, vaccines, and medical devices specifically prescribed for COVID-19 treatment, as well as drugs approved for clinical trials, including their raw materials. The DOH publishes a list of prescription drugs and medical devices covered by this exemption.

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What is the role of the Fiscal Incentives Review Board (FIRB) in granting tax incentives?

The Fiscal Incentives Review Board (FIRB) is a government body with the authority to grant tax incentives to registered businesses, but only for their approved projects under the Strategic Investment Priority Plan (SIPP).

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Who else can grant tax incentives aside from the FIRB?

The FIRB directly grants tax incentives, but they can also delegate this authority to Investment Promotion Agencies (IPAs). Each IPA specializes in attracting investment in specific sectors.

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What are the requirements for a business to be eligible for tax incentives?

The FIRB and IPAs can only grant tax incentives to businesses that are formally registered and whose projects align with the SIPP. This encourages investment in strategic areas that promote economic growth.

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What is the Strategic Investment Priority Plan (SIPP)?

The SIPP acts as a roadmap for investors. It outlines priority industries and projects that the government considers crucial for economic growth.

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What is the Congressional Oversight Committee (COC)?

This law establishes the Congressional Oversight Committee (COC) which has a responsibility to oversee the processes and decisions made by the FIRB.

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Who makes up the Congressional Oversight Committee (COC)?

The COC is made up of influential individuals in the government, with the chairpersons of the House and Senate committees on ways and means, and additional members from each House.

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What is one specific responsibility of the Congressional Oversight Committee (COC)?

The COC can review the performance of the FIRB to ensure that it's operating effectively and fairly in granting tax incentives.

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What is the purpose of Title XIII in the National Internal Revenue Code?

This Title specifically addresses the granting of tax incentives to registered business enterprises, giving guidance on the process and the extent of incentive granted.

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Study Notes

Republic Act No. 11534 (CREATE Act)

  • Purpose: This act reforms the corporate income tax and incentives system, amends sections of the National Internal Revenue Code of 1997, and establishes Title XIII on incentives.

  • Short title: The act is known as the "Corporate Recovery and Tax Incentives for Enterprises Act" (CREATE)

  • Policy declaration: The act aims to develop a globally competitive national economy through tax policies that attract investment and boost productivity, while maintaining fiscal stability and inclusivity.

  • Key improvements:

    • Equity and efficiency of the corporate tax system are improved through rate lowering, widening of the tax base, and reduction in tax distortions.
    • Development of a responsive, performance-based, time-bound, and transparent tax incentive regime.
    • Support for businesses during unforeseen events (like pandemics).
    • Creation of a more equitable tax incentive system promoting inclusive growth and job opportunities in all regions.

Key Sections and Amendments

  • Section 1: Defines the short title of the act.
  • Section 2: States the policy of the act.
  • Section 3: Amends Section 20 of the National Internal Revenue Code (NIRC) of 1997, adding a requirement for the Commissioner to submit a report to the Oversight Committee every six months.
  • Section 4: Amends Section 22 of the NIRC of 1997, providing definitions including "corporation" in various formats.
  • Section 5: Details specific corporate income tax rates.
  • Section 6: Specifies income tax rates for domestic corporations, including preferential rates for small corporations, and certain special cases relating to hospitals and educational organizations.
  • Section 7: Outlines income tax rates for foreign corporations.
  • Section 8–10: Specific provisions amending sections of the NIRC of 1997, covering various deductions and exchanges of property.

Additional Provisions

  • Section 11-15: Continues specifying amendments/details of the NIRC of 1997, dealing with specific taxing conditions, and the establishment of a Congressional Oversight Committee.
  • Section 16: Introduces a new Title XIII (tax incentives) in the NIRC.
  • Section 109: Outlines exemptions from tax on specific transactions such as sales of real estate for low-cost housing, sales of books, and sales of prescription drugs.
  • Section 116: Taxes for persons exempt from VAT.
  • Section 204: Powers of the commissioner to compromise, abate and refund or credit taxes
  • Section 290: Creates a Congressional Oversight Committee to oversee the tax incentives regime.
  • Additional provisions detailed across sections cover aspects of tax incentives (such as income tax holiday and enhanced deductions), conditions of their application, regulatory procedures, and penalties for non-compliance.

Strategic Investment Priority Plan

  • The Strategic Investment Priority Plan (SIP) is mentioned as a document outlining specific projects and activities to receive incentives.

  • The SIP's purpose is to guide policies focusing on attracting investment to achieve goals of economic development and diversification.

  • Various provisions deal specifically with the criteria for determining sectorial and specific area priorities for investment, and the terms of tax incentives programs.

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