EXERCISES 21-1. DISCUSSION QUESTIONS / PROBLEMS
1.
2.
3.
4.
5.
6.
7.
Franchise Tax
Carrier’s tax
Premium Tax
Tax on Banks
Non-VAT
Amusement Tax
Final Tax
ANSWER SOURCE:
O
L
O
G
A
P
O
L
B
E
D
I
O
R
B
Y
N
O
N
P
T
U
G
I
I
A
M
U
S
E
M
E
N
T
A
C
Y
O
N
A
E
N
L
I
M
T
E
E
V
N
G
B
R
O
A
X
T
O
U
M
V
E
U
R
F
T
A
V
N
O
N
E
E
G
I
D
I
T
O
N
T
M
H
A
A
G
G
F
E
N
B
M
A
T
E
A
X
A
T
S
R
E
I
R
R
A
C
X
E
A
I
T
O
R
N
E
A
M
N
A
O
N
I
O
S
D
N
K
I
E
D
S
Y
H
F
R
A
N
C
H
I
S
E
A
EXERCISES 21-2. DISCUSSION QUESTIONS / PROBLEMS
1. a.
Bobby is subject to a percentage of 3% on Persons Exempt from VAT because he is
not a VAT-registered taxpayer and at the same time his gross receipts during his first
year of operation does not exceed P1,500,000.
Therefore, the percentage tax due of Bobby is P15,600 (P520,000x3%)
b.
2.
If Bobby decides to voluntarily register under the VAT system, he shall be subject to
value-added tax regardless of the amount of his annual gross receipts.
Patricia is subject to Other Percentage Tax or Non-VAT of 3% of gross receipts.
When the annual gross receipts of a business do not exceed P1,500,000 in any 12month period, it shall be subject to 3% Non-VAT unless it voluntarily registers under the
VAT system.
3.
The business of Ato is subject to VAT. Thus, the taxable amount is P72,000 (600,000 x
12%). This is based on the assumption that the gross receipts in any 12-month period
exceeds P1,500,000.
4. The computation of common carrier's tax is based on the actual collections of P24,000
during the quarter. The salaries or wages of drivers, including the cost of oil and
gasoline and the expenses for the purchase of spare parts and minor repairs of the
trimobile are not deductible. Hence, Beato should pay a common carrier's tax of P720
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(24,000x 3%).
If Beato is operating a calesa instead of a trimobile, he is not liable to this tax
because he owns and operates an animal-drawn two-wheeled vehicle which is exempt
from tax.
5. If there is a change in plane belonging to the same airline at a certain point which is not
the final destination of the passenger, for any reason other than force majeure, the flight
is still "continuous and uninterrupted"; the basis of the gross receipts reportable for
percentage tax purposes will be the cost of the ticket corresponding from the point of
origin (Manila) to the final destination of the passenger (BIR Ruling 88-164).
Hence, for purposes of computing the percentage tax, the gross receipts shall be
based on the cost of the ticker for the entire journey, i.e. from Manila to United States.
6. a.
b.
c.
d.
e.
f.
g.
7.
12% VAT
3% percentage tax
0% VAT
Not subject to business taxes due to lack of tax jurisdiction.
12% on gross receipts from a domestic port to another domestic port
3% percentage tax
0% VAT provided that the same to limited to or attributable to the transport of goods
and passengers from a port in the Philippines directly to a foreign port without
docking or stopping at any other port in the Philippines to unload passengers and/or
cargoes loaded in and from another domestic port
a. Operators of gas and water utilities are subject to a Franchise Tax of 2% on the gross
receipts. Thus, if the gross receipts during the month amount to P2,000,000, Too Big
Company shall be liable to pay a tax of P40,000 (P2,000,000 x 2%).
b. Payments for services rendered, other than the business covered by the law granting
the franchise, are not subject to the tax. In other words, the franchisee is taxable on
the receipts from the sale of water only. Hence, Too Big Company's franchise tax
payable is P40,000.
c. No, generally businesses which are subject to percentage taxes are disqualified to
register under the VAT system even if they desire to be registered.
Hence, Too Big Company is strictly governed by the provision on Franchise Tax.
7.
January
Monthly telephone bill
Percent of overseas call
Receipts from overseas call
Divide by
Overseas communication tax
P20,00
0
60
%
12,00
0
1
1
1,090.9
0
Februar
y
P14,50
0
60%
March
P
25,700
60%
8,700
15,420
11
11
790.90
1,401.8
2
Note: The bills on the overseas communications include already the 10%
tax.
The basic monthly bills including the long distance call charges are subject to value-
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added tax, to wit:
Telephone bill during the quarter
P
60,200.
00
Less: Gross receipts from overseas communication
January
P
12,000
February
8,700
March
15,420
Amount subject to VAT
Multiply by
Input tax
8.
Year
Remaining
maturity
2006
2007
2008
2009
2010
9
8
7
6
5
Amount of
interest, etc.
Tax rate
100,000
1%
100,000
1%
100,000
1%
100,000
1%
100,000
5%
Total gross receipts tax
36,120
23,880
3/28
2,558.57
Tax
1,000
1,000
1,000
1,000
5,000
9,000
Upon pretermination, the loan agreement shall be reclassified and the correct gross
receipt tax, including prior years, shall be recomputed on the basis of new category as
shown hereunder:
2004
2005
2006
2007
2008
4
3
2
1
Less than 1
yr
100,000
100,000
100,000
100,000
100,000
5%
5%
5%
5%
5%
5,000
5,000
5,000
5,000
5,000
25,000
Total gross receipts tax
Less: Gross receipts tax previously
paid
Tax due
9.
25,000
9,000
16,000
Total premiums collected
Portion of life insurance (100%-55%) x 3,500,000
Gross receipts from life insurance
Rate of tax
Tax on life insurance premiums
P
3,500,000
1,575,00
0
1,925,00
0
5
%
96,25
0
Non-life insurance premiums are subject to VAT. Thus, the output tax is P168,750
(P1,575,000 x 3/28)
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10. (a) Operation of cockpit
Restaurant
Gross receipts
Rate of tax
Amusement tax
P 340,000
75,000
415,000
18%
74,700
(b) The defense of Mon is not tenable. Both the Bureau of Internal Revenue and the
municipal government are empowered to impose amusement tax on the operation
of the cockpit.
The authority of the BIR is based on the provisions of the National Internal
Revenue Code, while the authority of the municipal government is based on the
municipal ordinance which is also authorized under the Local Government Code.
11.
Inasmuch as the establishment is serving food and drinks, furnish long playing
records and/or tapes and allow the members of the family to dance, then the business
is falling under the category of a night or day club. Accordingly, it is subject to a tax
of 18% of its gross receipts (BIR Ruling No. 88-108).
12.
Bowling alleys are neither subject to percentage tax nor to value-added tax. Bowling
is classified as a sport and therefore, bowling alleys are not classified as a business
enterprise. (BIR Ruling No. 88-112).
13.
Winnings in horse races (P20,000 x 10%)
Winning race horse (P10,000 x 10%)
Total amusement tax to be withheld
14.
a. Gross selling price
Rate
Stock transaction tax
2,000
1,000
3,000
100,000
.005
500
b. Sale of shares of stock which are not listed and traded in the Philippine Stock
Exchange are not subject to percentage tax. However, they are subject to income
tax based on the net capital gain.
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