The Manila Times

New income tax regulation­s

- THE FINE PRINT ATTY. PEACHES ARANAS

WE’VE been witnessing a lot of activity from the Bureau of Internal Revenue (BIR) lately, particular­ly with the issuance of Revenue Regulation­s (RR) No. 8-2018, implementi­ng the income tax provisions of Republic Act (RA) No. 10963, or the “Tax Reform for Accelerati­on and Inclusion” (TRAIN) Law.

the new income tax rates for individual citizens, resident aliens, and non-resident aliens, among others, and amends most of the income tax provisions of Title II of the Tax Code, as taxation of individual­s. However, even if RR 8-2018 was published in the BIR website last February 22, 2018, the new income tax rules became effective on January 1, 2018, the date of effectivit­y of the TRAIN Law.

What is clearly evident from RR 8-2018 is its liberal use of illustrati­ons to properly explain how the new income tax rules will affect individual taxpayers. As explained by BIR Deputy Commission­er, Legal Group, Marissa O. Cabreros, RR 8-2018 is different from other BIR regulation­s that are straightfo­rward, as it employs reallife, scenario-based illustrati­ons that taxpayers can easily relate to.

As an implementi­ng regulation, RR 8-2018 reproduces most of the provisions of the TRAIN Law, such as the new graduated income tax rates, which are more easily understood as it is presented in tabular form. Starting January 1, 2023, the income tax administra­tion’s goal to make taxes less burdensome to taxpayers.

Of particular interest are the provisions relating to an option for individual taxpayers to avail of an 8 percent tax on gross sales or receipts. Under RR 8-2018, individual­s earning income purely from self-employment and/or practice of profession whose gross sales/ receipts do not exceed the value-added tax (VAT) threshold (which is currently now at P3 million), shall have the option to avail of:

The new graduated income tax rates; Or

An 8 percent tax on gross sales or receipts in excess of P250,000 in lieu of the graduated income tax rates and the percentage tax under Section 116 of the Tax Code.

Ordinarily, taxpayers whose gross sales or receipts do not exceed the current VAT threshold of P3 million are exempt from the payment of VAT, and are instead liable to a 3 percent percentage tax under Section 116 of the Tax Code. With the option to be taxed at 8 percent, a taxpayer will be exempt from the payment of the 3% percentage tax. In addition, Financial Statements (FS)

The option to be taxed at 8 percent is however not available to everyone whose gross sales/receipts do not exceed P3 million (current VAT threshold), as RR 8-2018 lists down the following taxpayers who may not avail of the option:

VAT-registered taxpayers, regardless of the amount of gross sales/receipts;

Taxpayers subject to percentage tax other than those under Section 116 of the Tax Code (internatio­nal carriers, among others);

Partners of a General Profession­al Partnershi­p by virtue of their distributi­ve

share (which is already net of cost and expenses)

A taxpayer will have to signify his intention to elect the 8 percent income tax rate in the 1st Quarter Percentage and/ or Income Tax Return, otherwise, he shall be considered as having availed of the graduated tax rates. Such election shall be irrevocabl­e and no amendment of the option shall be made for the said taxable year.

 ?? FILE PHOTO BY MELYN ACOSTA ?? Taxpayer files income tax return at Bureau of Internal Revenue
FILE PHOTO BY MELYN ACOSTA Taxpayer files income tax return at Bureau of Internal Revenue
 ??  ??
 ??  ??

Newspapers in English

Newspapers from Philippines