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Tax Chapter 8:Deduct From Gross Incom

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CHAPTER 8

DEDUCTIONS FROM GROSS INCOME

Problem 8 – 1 DEDUCTIBLE OR NONDEDUCTIBLE FROM GROSS INCOME

1. Nondeductible 2. Deductible 3. Deductible 4. Deductible 5. Nondeductible 6. Nondeductible 7. Nondeductible 8. Deductible 9. Deductible 10. Deductible 11. Nondeductible 12. Nondeductible

13. Deductible, in lieu of tax credit (Sec. 34C3, NIRC) 14. Deductible 15. Deductible 16. Nondeductible 17. Nondeductible 18. Deductible 19. Deductible 20. Nondeductible

Problem 8 – 2 TRUE OR FALSE

1. False – Some business expenses are nondeductible; some are subject to limit. 2. True

3. False – Compensation income is not subject to OSD. 4. False – NOLCO is not an itemized deduction.

5. True – Amortized over the term of the lease 6. False – ½ of 1%

7. False – 33%

8. False – Double –declining method 9. True

10. True

11. False – Income outside the Philippines by a NRC is not taxable in the Philippines, hence, no allowable deduction is allowed.

12. True 13. True 14. True

15. False – Business expenses related to business income outside the Philippines is deductible also by domestic corporations and resident Filipino.

16. False – Business expense is deductible from gross income. 17. True

(2)

Problem 8 – 3 Problem 8 – 4 Problem 8 – 5 Problem 8 – 6 1. C 1. D 1. A 1. C 2. C 2. B 2. C 2. C 3. A 3. B 3. C 3. B 4. D 4. C 4. A 4. C 5. A 5. A 5. D 5. C 6. B 6. D 6. C 6. D 7. A 7. C 7. A 7. D 8. C 8. C 8. B 8. A 9. C 9. A 9. A 9. C 10. D 10. A 10. C 10. C Problem 8 – 7 C Expensed Capitalized

Change of motor of air condition P60,000

Expansion of store 50,000

Damages paid due to workers’ injury P20,000

Repainting of building 10,000

Cleaning of computers 9,000

Repair of furniture 1,000 .

Totals P40,000 P110,000

Problem 8 – 8 C

Identifiable operating expenses – Philippines P400,000

Add: Allocated operating expenses within

(P200,000 x P1M/P5M) 40,000

Operating expenses – Philippines P440,000

Problem 8 – 9 D

Police protection P20,000

Interest expense paid to his father 10,000

Gifts made to employees during birthday 5,000

Capital loss 4,000

Amount of nondeductible expenses and losses P39,000

Problem 8 – 10 D

Depreciation expense (P1,000,000 x 40%)/25 P16,000

Loss of business equipment 38,000

Deductible expense P54,000

Problem 8 – 11 D

(3)

No personal or business expense is deductible. 2. Letter B Depreciation (P20,000 x 10%) P 2,000 Repair (P100,000 x 10%) 10,000 Office supplies 6,000 Total deduction P18,000 Problem 8 – 12 B

Tax laws GAAP

Salary expense (P180,000 + P20,000) P200,000 P200,000

Estimated uncollectible accounts 10,000

Compromise penalty 50,000

Depreciation expense 30,000 30,000

Miscellaneous expense . 5,000

Deductible from earnings P230,000 P295,000

Note: For tax purposes, the miscellaneous expense is not deductible because it was not reported last year. For accounting purposes, the miscellaneous expense can be deducted as prior period adjustment from retained earnings.

Problem 8 – 13 A

Sales

P300,000

Multiplied by OSD rate

40%

Optional standard deduction

P120,000

The compensation income is not included in determining OSD. The OSD (40% of gross

sales or gross receipts) is only allowed as deduction from income derived from

business. If an individual opted to use OSD, he is no longer allowed to deduct cost of

sales. [Sec. 34(L), NIRC; Sec. 3, Rev. Regs. No. 16-2008]

Problem 8 – 14 B

Gross receipts from profession P100,000

Rent income (P475,000/95%) 500,000

Total gross income P600,000

Multiplied by percent of OSD 40%

Optional standard deduction P240,000

Problem 8 – 15 D

Since there are no official receipts and documents to support the operating expenses,

the reported operating expenses are not deductible (Sec. 34(A)(b), NIRC). The OSD is

not allowed for nonresident aliens (Sec. 34(L), NIRC). No personal exemption will be

granted to a nonresident alien with business in the Philippines if his country does not

have an exemption reciprocity law favoring a Filipino citizen. (Sec. 9, Rev. Regs. No. 2)

(4)

Problem 8 – 16 A

Sole Proprietor Corporatio

n

Sales

P1,000,00

0

P1,000,000

Less: Cost of sales

.

300,000

Basis of OSD

P1,000,00

0

P 700,000

Multiplied by OSD rate

40%

40%

Optional standard deduction

P

400,000

P 280,000

RA 9504 is specific as to the basis of OSD. For individuals, the basis of the 40% OSD

shall be the “gross sales” or “gross receipts.” In the case of corporate taxpayers subject

to tax under Sections 27(A) and 28(A)(1) of the Tax Code, as amended, the basis of the

40% OSD shall be the “gross income.”

Problem 8 – 17 B

Operating expense before representation expense

(P2,000,000 – P300,000) P1,700,000

Representation expense – Actual P300,000

- Limit (P20,000,000 x 0.005) 100,000

- Lower 100,000

Allowable itemized deductions P1,800,000

Problem 8 – 18 B Salary expense P120,000 Rent expense 24,000 Advertising expense 6,000 Depreciation expense 5,000 Interest expense 60,000

Tax differential on interest income (P30,000 x 33%) ( 9,900)

Total itemized deductions P205,100

NOLCO is not an itemized deduction.

Problem 8 – 19 D

Using OSD Using Itemized

Sales

P1,200,000

P1,200,000

Cost of sales

- 0 -

700,000

Gross income

P1,200,000

P 500,000

(5)

(P1,200,000 x 40%)

480,000

0

-Net income before personal exemption

P 720,000

P 500,000

Allowed deduction using OSD (P1,200,000 x 40%)

P 480,000

Less: Cost of sales

700,000

Net disadvantage using OSD

(P220,000)

No itemized deduction is allowed if no official receipts, records or other pertinent

papers can be used to support it (CIR vs. Isabela Cultural Corporation, G.R. No.

172231, Feb. 12, 2007).

In case of individual taxpayer, the “cost of sales” or the “cost of services” are not allowed

to be deducted for purposes of determining the basis of OSD inasmuch as the law (RA

9504) is specific as to the basis thereof which states that for individuals, the basis of

the 40% shall be the “gross sales” or “gross receipts” and not the “gross income.” (Sec.

3, Rev. Regs. No. 16-2008)

Problem 8 – 20 A

Gross salaries of employees P6,000,000

Grossed-up monetary value of fringe benefits 1,000,000

Deductible salaries and fringe benefits expenses P7,000,000

Problem 8 – 21 C

Assume bonus is computed after tax but before bonus. The answer is letter D = P8,143, computed as follows:

Net income before charitable contribution (P75,000 + P5,000) P 80,000 Less: Deductible contribution (P80,000 x 5%) – lower of actual 4,000

Net income before income tax and bonus P 76,000

B = 15% (76,000 – T) T = 30% (76,000 – B) B = 15% [76,000 – 30% (76,000 – B)] B = 15% (76,000 – 24,320 + 30%B) B = 11,400 – 3,420 +0.045B B – 0.045B = 7,980 0.955B = 7,980/0.955 B = 8,356 Proof:

Income before bonus and tax P76,000

(6)

Income after tax but before bonus P55,715

Multiplied by rate of bonus 15%

Bonus P 8,356

Problem 8 – 22 B

Monthly salary P 5,000

Death benefits 50,000

Terminal pay 25,000

Continuous compensation after the burial for three months 15,000

Total deductible expenses P95,000

Note: Donation for coffin and other wake expenses is not business or compensation related and, hence, not deductible. (Sec. 72, Rev. Regs. 2)

Problem 8 – 23 C

Inventoriable cost Supplies expense

Purchases P300,000 P40,000 Decreased in inventory 20,000 Increased in inventory . ( 3,000) P320,000 P37,000 Problem 8 – 24 D Traveling expenses (P50,000 + P200,000) P250,000

Fringe benefit expense (P68,000/68%) 100,000

Transportation expense – messenger 40,000

Total allowable expense P390,000

Problem 8 – 25 B

Monthly rent (P20,000 x 60%) x 2 mos from Oct. 31 to Dec. 31 P24,000

Insurance premium (P3,000 x 60%) x 2/12 300

Real property tax (P1,500 x 60%) x 2/12 150

Deductible rent expense P24,450

Note: The city services is not a rent expense.

Problem 8 – 26

1. Letter B

Rent for 6 months based on usage (P20,000 x 6) x 80% P96,000

2. Letter D

Actual cash collection for rent P150,000

Problem 8 – 27 D

Monthly rental expense P2,000

Monthly depreciation (P600,000/8)/ 12 6,250

(7)

Problem 8 – 28 C

Rent expense (P5,000 x 12) P 60,000

Add: Depreciation expense [(P950,000/9.5) x 11/12] 91,667

Deductible expense in 200y P151,667

At the start of the used of the building, the remaining period for the contract of lease is

9.5 years. The salvage value is ignored in the computation of the depreciation because

T Foods could no longer benefit on it since the improvement on the land will be owned

by the lessor at the end of the 10-year contract of lease.

Problem 8 – 29

1. Letter B

Trading - Limit lower (P5,000,000 x .005) P25,000

2. Letter C

Servicing – actual lower P30,000

Problem 8 – 30 B

Actual representation expense

P10,000

Multiplied by percent of representation expense

for sales [P700,000/(P700,000 + P300,000)]

70%

Apportioned representation expense for sales

P 7,000

Limit (P700,000 x 0.005), lower

P3,500

Actual representation expense

P10,000

Multiplied by percent of representation expense

for revenue [P300,000/(P700,000 + P300,000)]

30%

Apportioned representation expense for sales

P 3,000

Limit (P300,000 x 0.01)

3,000

Deductible representation expense

P6,500

Problem 8 – 31 A

Interest expense P40,000

Tax differential (P50,000 x 33%) (16,500)

Deductible interest expense P23,500

Problem 8 – 32 B

Breast-feeding assistance to the needy – additional

P200,000

Salary of senior citizens – additional (P100,000 x 15%)

15,000

Senior’s citizen discount (P300,000 x 20%)

60,000

(8)

Problem 8 – 33 B

Deductible Nondeductible

Interest paid in advanced P 20,000

Interest paid to a brother 12,000

Interest paid on delinquency taxes P 8,000

Interest on borrowings to finance his family home 30,000

Interest paid to finance petroleum exploration . 100,000

Total P 8,000 P162,000

Problem 8 – 34 B

Interest expense on unpaid salaries

P 60,000

Add: Nondeductible tax differential (P40,000/80%) x 33%

16,500

Nondeductible interest expense

P 76,500

Salary expense

P600,000

Rent expense

200,000

Deductible interest expense bank loan (P40,000 – P16,500)

23,500

Total itemized deductions

P823,500

The salaries of direct workers should be classified as deductible cost of service and not

to be classified as part of itemized deductions (Rev. Regs. No.16-2008). Interest expense

on unpaid salaries is not deductible. (Kuenzel & Streiff, Inc. vs. Collector of Internal

Revenue, 106 Phil. 355)

Problem 8 – 35 D

Tax savings from interest expense (P100,000 x 30%) P30,000

Final tax on interest income (P1,000,000 x 12%) x 20% (24,000)

Actual net tax savings P 6,000

Problem 8 – 36 A

Documentary stamp taxes P 1,000

Local tax (P6,000 – P800 – P200) 5,000

Municipal tax 2,000

Community tax 1,500

Deductible taxes P9,500

Note: The fringe benefit income taxes to key officers and rank-in-file employees are to be classified as deductible fringe benefit expense and not tax expense.

Problem 8 – 37 C

Business taxes

P 20,000

Documentary stamp taxes

1,000

Automobile registration fees

3,000

(9)

Import duty taxes

50,000

Total deductible taxes

P 74,500

Problem 8 – 38 D

Unadjusted net income (P520,000 – P200,000) P320,000

Add back: Income tax foreign country 10,000

Adjusted net income P330,000

Personal exemption (50,000)

Net taxable income P280,000

Note: The P10,000 income tax paid to foreign country is better to be treated as tax credit rather than as operating expense.

Problem 8 – 39 A

Asset of Oliva P 60,000

Payment to government (P200,000 x 50%) (100,000)

Balance (P40,000)

Deductible bad debts is the entire amount of collectibles P100,000

Problem 8 – 40 B

Bad debts from business actual written off (P100,000 x

40%) P40,000

Bad debts from profession actual written off 50,000

Deductible bad debts expense P90,000

Problem 8 – 41 D

Annual depreciation expense (P50,000 – P5,000)/5 P9,000

Multiplied by ratio of months used during the year (from June 30 to Dec. 31) 6/12

Depreciation expense 200B P4,500

Problem 8 – 42 A

Annual depreciation (P2,300,000/11.5 years) P200,000

Multiplied by ratio of months used in 200B (July 1 to Dec.) 6/12

Depreciation expense P100,000

Problem 8 – 43 D

Oil drilling machine (P800,000 x 90%)/8 years P 90,000

Oil extracting machine (P900,000 x 90%)/10 years – limit 81,000

Computers (P100,000 x 90%)/4 years 22,500

Delivery truck (P200,000 x 90%)/5 years – limit 36,000

Annual depreciation expense P229,500

The useful life of properties used in or related to production of petroleum shall be ten

(10) years or such shorter life as may be permitted by the BIR Commissioner. Properties

not used directly in the production of petroleum shall be depreciated under the

(10)

straight-line method on the basis of an estimated useful life of five (5) years. (Sec. 34(F)

(4), NIRC)

Problem 8 – 44 C

Depletion base (P6,000,000 – P1,000,000 + P300,000) P5,300,000

Divided by number of extractible estimated tons 5,000,000

Depletion per ton P 1.06

Multiplied by number of tons extracted during the year 800,000

Depletion expense P 848,000

Problem 8 – 45

1

. Letter D

Depletable costs, January 1, 200x P12,500,000

Exploration costs 1,000,000

Intangible development costs 1,500,000

Total P15,000,000

Less: Depletion expense (P15,000,000/7,500,000) x 1,200,000 2,400,000

Adjusted basis P 1,260,000

Divided by remaining reserves

(5,000,000 + 2,500,000 – 1,200,000) 6,300,000

New depletion rate/ unit P 2.00

2

. Letter A

Depletion cost 2007 (P2 x 1,200,000 units) P2,400,000

3

. Letter B

Value of production (P12 x 1,200,000 units) P14,400,000

Less: Production and selling costs:

Mining costs P2,000,00 0 Milling costs 3,000,000 Marketing expenses 1,500,000 Depreciation expense 1,000,00 0 7,500,000

Net income from operation P 6,900,000

Multiplied by limit percentage 25%

Deductible amount fro exploration and development cost P 1,725,000 4

. Letter B

Current exploration and development cost (P1,500,000 + P1,000,000) P2,500,000 Less: Deductible amount of exploration and development cost (see 3) 1,725,000 Exploration and development cost chargeable to succeeding years P 775,000

(11)

Problem 8 – 46 B

Deductible expense: Capitalized Outright expense

Depreciation expense (P10,000,000 x 90%)/50 P180,000

Capital outlay P10,000,000

Problem 8 – 47

1 Letter B 200A 200B 200C Lower of actual contribution or normal valuation 800,000 800,000 500,000 Add: Amortization of excess

200A (P200,000/10) 20,000 20,000 20,000

200B (P100,000/10) . 10,000 10,000

Deductible retirement expense 820,000 830,000 530,000

2. Letter A 200A 200B 200C

Actual retirement payments 0 400,000 300,000

Problem 8 – 48 A

Year X Year Y

Actual contribution or normal valuation, lower 700,000 600,000

Add: Amortization (P100,000/10) 10,000 10,000

Deductible retirement expense 710,000 610,000

Note: Only the excess of the actual contribution over the normal valuation is to be amortized

over 10 years.

Problem 8 – 48 B

Allowed deductible contribution (P200,000 x 5%) P10,000

Problem 8 – 49 B

Allowed deductible contribution (P200,000 x 5%) P10,000

Problem 8 – 50 D

Allowed deductible contribution [(P60,000 + P5,000) x 10%] P6,500

Problem 8 – 51 B

Income before charitable contribution (P500,000 – P130,000) P370,000

Multiplied by percent of limit 5%

Allowed deductible contribution - lower P 18,500

Problem 8 – 52 A

PPHHI per month P200

Problem 8 – 53 D

(12)

Problem 8 – 54 C

Actual value of donation – priority program P1,000,000

Adopt a school program – incentive (P1,000,000 x 50%) 500,000

Deductible donation P1,500,000

Problem 8 – 55

1. Operating expenses (1,000,000 x 30%) – P50,000 P250,000

Interest expense (P50,000 – (P40,000/80%) x 33%] 33,500

Total itemized deductions P283,500

Add: NOLCO 500,000

Total deductible expenses P783,500

Note: NOLCO is not an itemized deduction but part of deductible expenses.

2. Gross income (P5,000,000 – P2,000,000) P3,000,000

Multiplied by OSD rate 40%

OSD P1,200,000

Note: NOLCO is not allowed to be deducted if the taxpayer uses OSD.

3. Gross income P3,000,000

Less: OSD 1,200,000

Net taxable income P1,800,000

Problem 8 – 56

Salaries of assistants P 96,000

Traveling expenses 11,000

Light and water – office 7,890

Stationeries and supplies 1,960

Office rent 60,000

Total operating expenses before contribution P176,850

Add: Contribution subject to limit (P500,000 – P176,850) x 10%) 32,315

Allowable itemized deductions P209,165

Problem 8 – 57

Sole

Proprietorship Corporation Partnership Bad debts written-off (P35,000 – P30,000)

(13)

Donation to the government – priority program Donations subject to limit:

Lower of actual, P170,000 or (P2,500,000 x 10%) (P2,500,000 x 5%) Total allowable deductions

50,000 170,000 . P 265,000 50,000 125,000 P 220,000 50,000 125,000 P 220,000 The research and development cost is to be treated as a deferred expense, hence, its

amortization shall be made in the succeeding five years when the taxpayer realizes benefits from such expenditures (Sec. 341, NIRC).

Problem 8 – 58

1. 200A 200B

Actual contribution or normal valuation, lower 1,000,000 900,000

Add: Amortization - 200A (P250,000/10) 25,000 25,000

Deductible retirement expense 1,025,000 925,000

2. Financial net income 50,000,000 60,000,000

Add: Retirement benefit expense – accounting 1,100,000 1,200,000

Total 51,100,000 61,200,000

Less: Deductible retirement expense – taxation 1,025,000 925,000

Net income for tax purposes 50,075,000 60,275,000

Problem 8 – 59

Corporation Individual

Salary expenses 500,000 500,000

Retirement (P250,000 + P50,000/10) 255,000 255,000

Representation expense (P10,000,000 x .005) 50,000 50,000

Interest expense paid to the BIR - full 20,000 20,000

Interest expense – limit:

(P100,000 – (P96,000/80%) x 33%) 60,400 60,400

Depreciation expense 40,000 40,000

Rent expense 250,000 250,000

Group insurance expense 50,000 50,000

Bad debts expense (P100,000 x 20%) 20,000 20,000

Contribution expenses:

TESDA priority project (500,000 x 1.5) 750,000 750,000

Local government – limit (lower is actual) 100,000 100,000

Total itemized deductions 2,095,400 2,095,400

Note: NOLCO is an allowable special deduction but not an itemized deduction. Problem 8 – 60

1. Individual Corporation

Salaries expense (P680,000 – P100,000) 580,000 580,000

Bad debts expense (P370,000 – P270,000) 100,000 100,000

(14)

Representation expense (P39,000,000 x 0.005) 195,000 195,000

Rent expenses (P200,000 – P20,000) 180,000 180,000

Taxes expense (P300,000 – P270,000) 30,000 30,000

Life insurance expense (P150,000 – P100,000) 50,000 50,000 Interest expense [(P200,000 – (50,000 x 33%) + P20,000] 203,500 203,500 Total itemized deduction before contributions 1,958,500 1,958,500 Contribution expenses:

Donation to TESDA priority project (P500,000 x 150%) 750,000 750,000 Donations for Rooming-in and Breast-feeding (200k x 2) 400,000 400,000

Donations NGO’s (35% for admin.) 100,000 100,000

Ind: (P39,460,000 – P30,000,000 – P1,958,500) x 10%=750,150

Corp: (P39,460,000 – P30,000,000 – P1,958,500) x 5%=375,075 . .

Total allowable deductions 3,208,500 3,208,500

Computation of sales:

Financial income P 5,000,000

Cost of sales 30,000,000

Operating expenses deducted

(P680,000 + P370,000 + P1,000,000 + P800,000 + P200,000

+ P300,000 + P150,000 + P160,000 + P800,000) 4,460,000

Total sales P39,460,000

2. Individual Corporation

Gross income (P39,460,000 – P30,000,000) P9,460,000 P9,460,000

Less: Total allowable deductions 3,208,500 3,208,500

References

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