Allowable Deductions Flashcards
Itemized deductions from gross income
- Business expense
- Interest expense
- Taxes
- Losses
- Bad debts
- Depreciation
- Depletion
- Charitable and other contributions
- Contributions to pensions and trusts
- Research and development cost
- Other ordinary and necessary expenses
Requisites on deductibility of interest expense
- Valid indebtedness
- Must be taxpayer’s
- Connected with the taxpayer’s trade, business, profession
- Paid or incurred during the taxable year
- Stipulated in writing
- Legally due
- Not between related taxpayers
- Not incurred to finance petroleum operations
- Not treated as capital expenditure
- Not expressly disallowed by law
Other deductible interest expense
- Interest from tax delinquency
2. Interest from scrip dividends
Examples of non-deductible interest expense
- Interest on personal loans
- Interest incurred with a related party
- Discount on pre-deducted interest applicable to future periods
Taxes
Taxes paid and incurred within the taxable year in connection with the taxpayer’s trade, business, or profession
Non-deductible taxes
- PH income taxes except fringe benefit tax
a. FIT
b. RIT
c. CGT - Foreign income tax, if claimed as credit
- Estate tax and donor’s tax
- Special assessment
Other non-deductible taxes
- Business taxes, particularly VAT
2. Surcharges or penalties on tax delinquency
Example of deductible taxes
- Percentage tax
- Excise tax
- Documentary stamp tax
- Occupational tax
- License tax
- Fringe benefit tax
- Local taxes except special assessment
- Community tax
- Municipal tax
- Foreign income tax if claimed as deduction
Who can claim tax credit or deduction for foreign income taxes paid?
Only domestic corporations and resident citizens
Losses
Losses actually sustained and not compensated by insurance or other indemnity shall be allowed as deductions
Requisites on deduction of losses
- Must be business loss
- Must be ordinary loss
- Loss actually sustained
- Declaration within 45 days
- Double deduction is not allowed
Rules on replacement of destroyed properties
- Total destruction - tax basis of the old property shall be claimed as loss
- Partial destruction - restoration cost shall be expensed up to the tax basis of the old property, any excess is capitalized subject to allowance fore depreciation
Bad debts
Debts due to the taxpayer which were actually ascertained to be worthless and charged off within the taxable year
Requisites for the deduction of bad debts
- Ascertained to be worthless
- Charged off within the taxable year
- Connected with the taxpayer’s trade, business or profession
- Under accrual basis of accounting
- Not incurred from a related party
Depreciation of a revalued asset must be premised on
its acquisition cost and not on its reappraised value