Deductions Flashcards

(38 cards)

1
Q

Deductions from Gross Income
- must be business expenses (✘ personal expenses)
- must be period expenses (✘ CAPEX)

A

Yes

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2
Q

General Principles of Deduction (LOANS)

A
  • Legal → illegal expenses = ✘ deductible
  • Ordinary
  • Actual → estimates = ✘ deductible
  • Necessary → unreasonable = ✘ deductible
  • Substantiated
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3
Q

What is the result if in LOAN
- LOA is violated
- N is violated

A
  • disallowance of deduction
  • reduction of amount (since dapat necessary)
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4
Q

Related Party Rule
- Gains from RP are taxable. True or False?
- Losses from RP are deductible. True or False?

A

Gains = Taxable
Losses = ✘ deductible
- since related party, baka dayain yung losses

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5
Q

Only those expenses related to RIT are deductible
- related to Exempt, FWT, CGR → not deductible

A

Yes

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6
Q

Prepaid Expenses are not deductible whether accrual basis or cash basis.

A

aakalain mo deductible siya pag cash basis (since cash basis), pero ang rule is prepaid expenses → not deductible

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7
Q

Sales less COGS = Gross Income

Gross Income less Deductions = Taxable Income

A

Deductions can be
- itemized
- OSD

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8
Q

Every individual and corporations can claim deductions. True or False?

A

Somehow true
- Purely Compensation → cannot claim deductions because they do not have “business” expenses

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9
Q

Itemized Deductions (PREDICTABLE)

Pensions
- must be maintained and established by employer
- actuarial assumptions → must be sound & reasonable

Current Service Cost are 100% deductible. True or False?
Past Service Cost are not deductible. True or False?

A
  • True
  • False (amortized for 10 years)
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10
Q

Itemized Deductions (PREDICTABLE)

R&D Expenses
- General Rule → outright expense
- what if ✔chargeable to capital account?

A
  • amortized for 5 years
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11
Q

Itemized Deductions (PREDICTABLE)

NOT R&D Expenses
- for acquisition / improvement of property for R&D
- for ascertaining location or quality of deposit …

A

Yes

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12
Q

Itemized Deductions (PREDICTABLE)

EAR Expenses
- the amount of deductible EAR expenses is the lower of actual expenses vs limit. (lower since deduction)
- what is the limit for sale of services?
- what is the limit for sale of goods?

A
  • Services - 1% of Net Revenue
  • Goods - 0.5% of Net Sales

1 S = 0.5%

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13
Q

Itemized Deductions (PREDICTABLE)

EAR Expenses
- if sale of both services and goods, just prorate. How?

A

Net Sales / Total Sales
x Actual EAR

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14
Q

Itemized Deductions (PREDICTABLE)

Depreciation (Petroleum Operation)

What depreciation method is applicable if
- used in production?
- not used in production?

A

Used in Production
- SL method or DB method

Not Used in Production
- SL method only

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15
Q

Itemized Deductions (PREDICTABLE)

Depreciation (Petroleum Operation)

What useful life to use if
- used in production?
- not used in production?

A

Used in Production
- 10 years vs actual (shorter)

Not Used in Production
- 5 years

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16
Q

Itemized Deductions (PREDICTABLE)

Depreciation (Mining)

What useful life to use if
- useful life is 11 years
- useful life is 10 years

any method is acceptable

A
  • actual UL
  • between 5 years and actual UL

NOTE : For NRA ETB and RFC → property should be in PH

17
Q

Itemized Deductions (PREDICTABLE)

Depreciation (Proprietary Educational Institution)

can claim as deductions the following:
- Capital outlays for expansion
- Allowance for depreciation

18
Q

Itemized Deductions (PREDICTABLE)

Depletion

What is the treatment if ✔ producing mines?
What is the treatment if ✘ producing mines?

A
  • outright expense or amortize
  • outright expense

NOTE : For NRA ETB and RFC → property should be in PH

19
Q

Itemized Deductions (PREDICTABLE)

Interest
- must be in writing
- must be legally due
- ✘ finance petroleum operations
- if for PPE to be used in business, can choose either
(1) Outright Expense
(2) Capitalize

How to compute the amount of deductible interest expense?

A

Interest Expense
Less : Gross Interest Income (FWT) x 20%
= Deductible Interest Expense

20
Q

Itemized Deductions (PREDICTABLE)

Charitable Contributions
- can be fully deductible
- can be with limit

Fully Deductible
- made to government (priority activities), accredited NGOs

With Limit
- made to government (not priority activites), non accredited NGOs

21
Q

Itemized Deductions (PREDICTABLE)

Charitable Contributions (Fully Deductible)
- what are the priority activites? (CHEESY)

A

Culture
Human Settlements
Education
Economic Development
Science and Health
Youth and Sports Development

22
Q

Itemized Deductions (PREDICTABLE)

Charitable Contributions (Fully Deductible)

Accredited NGOs (Angat Org)

A
  • Assets (in case of liquidation) → will go to another NGO with same purpose
  • Net Income → not for a private individual
  • Gamit / Utilization of Contributions → until March 15
  • Administrative Expenses → max 30% of expenses
  • Organized and operated for scientific, research…
23
Q

Itemized Deductions (PREDICTABLE)

Charitable Contributions (With Limit)

  • the amount of deductible charitable contributions is the lower of actual contributions vs limit (lower since deduction)
  • what is the base?
  • what is the limit for individuals?
  • what is the limit for corporations?
A

Individuals → 10%
Corporations → 5%
Base → Net Income before Charitable Contributions

24
Q

Itemized Deductions (PREDICTABLE)

Taxes
- generally deductible

Non Deductible Taxes (FITS-VSS)

A

NON DEDUCTIBLE TAXES (FITS-VSS)
- Foreign Income Tax - claimed as credit
- Income Tax
- Transfer Tax
- Stock Transaction Tax
- VAT
- Special Assessment Tax
- Surcharge and Penalty

NOTE: FBT (even though an income tax) → deductible

Surcharge and Penalty → not deductible
- interest → deductible (part of interest expense)

25
Itemized Deductions (PREDICTABLE) Advertising Expense
Yes
26
Itemized Deductions (PREDICTABLE) Bad Debts Expense - **actually charged off** in the books
Yes
27
Itemized Deductions (PREDICTABLE) Losses 1. Casualty Losses 2. Loss on Wash Sales and Capital Loss 3. NOLCO Casualty Losses (same in estate tax) - not compensated by insurance (SHIFTERS) - not claimed as deduction in estate tax - reported to BIR within **?** from date of loss
45 days
28
Itemized Deductions (PREDICTABLE) Losses Loss on wash sales are generally deductible. True or False?
False (generally **not** deductible) - refer to Dealings in Property
29
Itemized Deductions (PREDICTABLE) Losses NOLCO - AD > GI - taxpayer must **not be exempt** from income tax - no substantial change in ownership → **at least 75%** of nominal value or paid-up capital = held by / on behalf of same persons - carried over for?
3 years - XPN : 5 years (incurred in 2020 - 2021)
30
Itemized Deductions (PREDICTABLE) Losses NOLCO - can also be availed by Special DC and Special RFC - First In, First Out - if that year is **MCIT** → **cannot avail** NOLCO however, counting of 3 years will continue
Yes
31
NOLCO vs NCLCO - 3 years - can be availed by individuals and corporations - deducted to taxable income
NOLCO NCLCO - 1 year - for individuals only - deducted to capital gains ## Footnote refer to Dealings in Property
32
Itemized Deductions (PREDICTABLE) Expenses (Labor Training) - students enrolled in public schools (OJT has apprenticeship agreement) - company must be certified by DEPED, TESDA.. What is the rate? What is the limit?
Rate → ½ of Labor Training Expenses Limit → 10% of Direct Labor
33
Special Itemized Deductions FREE LEGAL ASSISTANCE ACT - lower of
- amount that could have been collected - 10% of Gross Income derived
34
Special Itemized Deductions SENIOR CITIZEN AND PWD - what is the amount for SC? - what is the amount for PWD?
SC → additional 15% of salaries of SC PWD → additional 25% of salaries of PWD
35
Special Itemized Deductions PRIVATE EMPLOYER’S PERA CONTRIBUTION - what is the amount?
additional 50% of contribution
36
Special Itemized Deductions ELECTRONIC SALES REPORTING SYSTEM - what is the amount for micro? - what is the amount for small? - what is the amount for medium? - what is the amount for large?
Micro and Small - additional 100% Medium and Large - additional 50% ## Footnote mas malaki sa micro and small kasi small business lang sila e
37
All individuals can avail of OSD. True or False? All corporations can avail of OSD True or False? OSD must be signified in 1st quarter (irrevocable) - like 8%
- False (X NRA) - False (X NRFC)
38
OSD is 40% - what is the base if individual? - what is the base if corporation?
Individual - 40% of Gross Sales Corporation - 40% of Gross Income (Sales less COGS) ## Footnote for individuals → think of 8% option (albeit, just ignore NOI)