TAXATION SEC 22 Presentation

8/11/2019 TAXATION SEC 22 Presentation

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a. The person referred are the one subject totax: individual, trust, estate or corporation

(N) Taxpayer means ANY person subject to taxincludes not only TAXPAYER (legal obligationto pay the tax) but as well as any person whohas the duty to pay the tax.cases: Tan vs. Del Rosario 237 SCRA 324

CIR vs. Procter 204 SCRA 377


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b. The term CORPORATION includes:1. The Corporation as defined in Sec. 2, BP Bilang 68.

A corporation is an artificial being

created by operation of law, having

the right of succession and thepowers, attributes and properties

expressly authorized by law or

incident to its existence.


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2. Partnership registered or unregistereddefined under Art. 1767, NCC

By the contract of partnership two or morepersons bind themselves to contribute

money, property, or industry to a commonfund, with the intention of dividing theprofits among themselves. Two or morepersons may also form a partnership for the

exercise of a profession.


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3. Joint-stock companies;4. Joint accounts, associations;

5. Insurance companies;6. Joint-ventures; BUT DOES NOT INCLUDE: General Professional Partnership Joint ventures or consortium for the

purpose of:a. undertaking constructions projects or

b. engaging petroleum, coal geothermaland other energy operation, pursuant to

SERVICE CONTRACT with theGOVERNMENT


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Art. 484, NCC There is co-ownership whenever the ownership of

an undivided thing or right belongs to differentpersons. In default of contracts or special provisions,co-ownership shall be governed by the provisions ofthis title.

It is not a juridical person

Question: Is a co-ownership subject to corporate tax?Cases: ONA vs. Commissioner 45 SCRA 74

Pascual vs. Commissioner 166 SCRA 560Obillos vs. CIR 139 SCRA 436Gatchalian vs. Collector 67 Phil 666AFISCO vs. CIR GR#112675, January 25,1999Evangelista vs. Collector 102 Phil 140Reyes vs. CIR 24 SCRA 198

Definitions under paragraph: MEMORIZE

c, d, e, f, g, h, I , k, L, P, Q, R, S, T, U, V, W, X, Y, Z, AA, CC, FF


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WITHIN WITHOUT

Resident Citizen Taxable Taxable

Non-resident Citizen -do- NONE

Resident Alien -do- NONENon-resident Alien -do- NONE

OFW/International Seaman -do- NONE

Domestic Corporation -do- Taxable

Foreign Corporation -do- NONE

TWO KINDS OF SOURCES:1. Geographical Source

2. Activity Source (e.g. business, employment, winnings, prizes)


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TAXATION SEC 22 Presentation

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