Summary
Highlights
The video introduces RR 8-2018, the implementing rules for RA 10963, also known as the TRAIN Law. It outlines the government bodies responsible for taxation and begins defining important terms like compensation income, which includes all remuneration for services performed by an employee for an employer, encompassing salaries, wages, allowances, commissions, bonuses, and fringe benefits (excluding those subject to fringe benefit tax or de minimis benefits).
The discussion moves to fringe benefits, defining them as any goods, services, or benefits granted in cash or kind, other than basic compensation, by an employer to managerial or supervisory employees. Examples include housing, vehicle usage, household personnel, and various types of insurance. The video then defines gross receipts as the total amount of money received for services, excluding the VAT component, and gross sales as total sales transactions net of VAT, allowing for deductions like sales returns, allowances, and discounts given at the time of sale.
The video clarifies that minimum wage earners are exempt from income tax, including holiday, overtime, night shift differential, and hazard pay. It addresses past uncertainties regarding this exemption. It then defines 'mixed income earner' as an individual with both compensation income from employment and income from business or professional practice, distinguishing them from taxpayers with multiple employers or different business activities.
Definitions continue with non-resident aliens, differentiating between those engaged in trade or business (staying over 180 days) and those not engaged (staying 180 days or less). A 'rank and file employee' is defined as someone without a managerial or supervisory position. 'Self-employed' individuals or 'professionals' are those who control their work and are not in an employer-employee relationship, such as doctors, lawyers, and consultants, who are required to register with the BIR and maintain books of accounts.
Taxable income is explained as gross income less authorized deductions. The video compares the old and new tax structures, emphasizing that compensation income earners typically have no deductions, while self-employed individuals and professionals can utilize optional standard deductions or itemized deductions. It clarifies the VAT threshold, set at 3 million PHP, which also influences income tax options for self-employed individuals and professionals.
The presentation delves into the individual income tax rates, providing tables for calculation. It highlights significant changes in tax brackets under the TRAIN Law, leading to lower taxes for many. For married couples, income tax is computed separately based on individual taxable income, with jointly earned income divided equally for tax purposes, offering potential tax avoidance strategies.
This section focuses on self-employed individuals and professionals, offering two tax options: graduated tax rates or an 8% tax on gross sales/receipts (and other non-operating income) in excess of 250,000 PHP, in lieu of graduated rates and percentage tax. It stresses that if a taxpayer doesn't actively choose the 8% option in their first quarter return, they are automatically subject to graduated rates. The 8% option is not available to VAT-registered taxpayers or those subject to other percentage taxes.
The video explains that if a taxpayer originally opts for the 8% income tax rate but their gross receipts exceed the VAT threshold during the year, they will automatically be subject to graduated rates from the beginning of the year. They will also be liable for applicable business taxes (like VAT) prospectively. Furthermore, financial statements are required for those under graduated rates, and an audited financial statement is necessary if gross receipts exceed the VAT threshold.
Several examples are provided to demonstrate tax computation for self-employed individuals and professionals under different scenarios, including opting for the 8% tax rate versus being subjected to graduated rates due to not signifying an intention or exceeding thresholds. The examples clarify how to calculate tax due based on gross receipts, sales, and allowable deductions.
The final section addresses mixed-income earners. Compensation income is subject to graduated tax rates. For business or professional income, if gross receipts do not exceed the VAT threshold, the taxpayer can choose between graduated rates or the 8% option. However, the 250,000 PHP exemption for the 8% option is not available to mixed-income earners, as it's already incorporated in the graduated rates for compensation income. The video provides a detailed illustration of calculating tax for a mixed-income earner, emphasizing the separate computation of tax for compensation and business income when the 8% option is chosen for business.