Income tax is the primary direct tax the Philippine government imposes on the income of individuals and corporations. It is governed by the National Internal Revenue Code (NIRC) of 1997, as amended by the Tax Reform for Acceleration and Inclusion (TRAIN) Act of 2017 (Republic Act 10963) and the Corporate Recovery and Tax Incentives for Enterprises (CREATE) Act of 2021 (Republic Act 11534). The tax applies to natural and juridical persons who earn income from sources within and, for residents, outside the Philippines. It is computed on gross income less allowable deductions. For individuals the rates are progressive, ranging from 0% to 35%. For corporations the regular rate is 25% under CREATE, with a 20% rate for qualifying small domestic corporations. The legal basis is found chiefly in NIRC sections 24 (individuals), 27-28 (corporations), and 32-34 (gross income, exclusions, and deductions).
Who Pays Income Tax in the Philippines
Income tax reaches almost everyone who earns. Resident citizens are taxed on worldwide income, while resident aliens and non-resident citizens are taxed only on Philippine-source income. The taxpayer population includes employees earning salaries, self-employed professionals, business owners, mixed-income earners, investors, and corporations. Employees are generally covered by withholding tax on compensation and, where one employer withholds correctly, by substituted filing. Self-employed individuals and professionals file their own returns based on net income after deductions, or under the 8% flat option. Domestic corporations are taxed on worldwide income; resident foreign corporations on Philippine-source income; and non-resident foreign corporations on Philippine-source gross income. Non-stock, non-profit organizations and government instrumentalities that meet NIRC section 30 conditions are exempt.
How Much Is Income Tax in the Philippines
For individuals, tax is computed on the TRAIN graduated table effective January 1, 2023 and still current. The brackets for resident individuals are: 0% on the first P250,000 of taxable income (exempt); 15% of the excess over P250,000 for income of P250,001 to P400,000; P22,500 + 20% of the excess over P400,000 for P400,001 to P800,000; P102,500 + 25% of the excess over P800,000 for P800,001 to P2,000,000; P402,500 + 30% of the excess over P2,000,000 for P2,000,001 to P8,000,000; and P2,202,500 + 35% of the excess over P8,000,000 for income above P8,000,000 (NIRC section 24(A), as amended by RA 10963). The formula is Taxable Income = Gross Income minus Allowable Deductions. Crucially, the TRAIN Law repealed the old P50,000 personal exemption and the P25,000 per-dependent additional exemption; that relief is now built into the P250,000 zero-tax band, so no exemption amounts are subtracted. Self-employed individuals and professionals whose gross sales or receipts do not exceed the P3,000,000 VAT threshold may instead elect a flat 8% tax on gross sales or receipts in excess of P250,000, in lieu of both the graduated tax and the 3% percentage tax. For corporations, tax equals Net Taxable Income times the rate. Under CREATE the rate is 25% for domestic and resident foreign corporations, or 20% for domestic corporations with net taxable income up to P5,000,000 and total assets up to P100,000,000 (excluding the land where the business is situated). A minimum corporate income tax of 2% of gross income applies from the fourth taxable year when it exceeds the regular tax.
What Forms Are Used to File Income Tax
Building on the rates above, the return you file depends on your income type, and only four individual income tax forms exist. Individuals earning purely compensation income file BIR Form 1700. Individuals with business, professional, or mixed income who use graduated rates with itemized deductions file BIR Form 1701, the same form used by estates and trusts. Individuals earning purely from business or profession who chose the 8% flat rate or the 40% Optional Standard Deduction file BIR Form 1701A. Quarterly income tax is filed on BIR Form 1701Q. BIR Form 1701-C does not exist in the BIR forms catalog, and neither does BIR Form 1701-E. The annual deadline for individuals is on or before April 15 of the following year, and Form 1701Q quarters are due May 15, August 15, and November 15 (NIRC sections 51, 74-75). Corporations file Form 1702-RT, 1702-EX, or 1702-MX annually, with quarterly declarations on Form 1702Q. Returns may be filed through eBIRForms or the eFPS, or manually at the taxpayer's Revenue District Office.
What Deductions and Exemptions Apply
Deductions follow the taxpayer type. Self-employed individuals and professionals choose one of three methods each year: itemized deductions (ordinary and necessary business expenses with documentation), the 40% Optional Standard Deduction on gross sales or receipts (no documentation required), or the 8% flat rate in lieu of graduated tax and percentage tax. Because the TRAIN Law repealed personal and additional exemptions and the health-insurance premium deduction, individuals no longer subtract those items. Certain income is excluded from gross income under NIRC section 32(B): qualified SSS, GSIS, and BIR-approved retirement benefits; life insurance proceeds; prizes and awards in recognized fields; the proceeds of a qualifying sale of a principal residence (subject to conditions under NIRC section 24(D)); and the 13th-month pay and other benefits up to P90,000. Corporations may deduct ordinary and necessary business expenses, interest, depreciation, bad debts, and charitable contributions within statutory limits.
Worked Example: Reconciling the Graduated Table
Consider Andres Bautista, a self-employed software developer in Quezon City with P1,500,000 of taxable income who uses graduated rates. His income lands in the P800,001 to P2,000,000 bracket, so the tax is P102,500 + 25% of the excess over P800,000. Tax = P102,500 + 25% x (P1,500,000 - P800,000) = P102,500 + P175,000 = P277,500. This single computation demonstrates how each bracket's base figure already embeds the tax on all lower brackets, so the rate is applied only to the income above the bracket floor, never to the whole amount. If Andres instead had only P700,000 of taxable income, he would fall in the P400,001 to P800,000 bracket: P22,500 + 20% x (P700,000 - P400,000) = P22,500 + P60,000 = P82,500. The table is internally consistent: the base figure for each bracket equals the cumulative tax computed at the top of the prior bracket (for example, P22,500 at P400,000, P102,500 at P800,000, and P402,500 at P2,000,000).
Penalties for Non-Compliance
Failure to file or pay on time carries firm penalties under NIRC sections 248-249. The standard penalty is a 25% surcharge on the unpaid tax (50% where there is willful neglect or fraud), plus 12% annual interest from the due date until full payment, plus a compromise penalty. Micro and small taxpayers pay a reduced 10% surcharge and 6% interest (RA 11976, RR 6-2024). For example, a taxpayer who owes P100,000 due April 15 but pays three months late owes P25,000 surcharge plus about P3,000 interest, totaling roughly P128,000. Willful failure to file a return or pay tax can result in a fine of not less than P10,000 and imprisonment of 1 to 10 years (NIRC section 255), and tax evasion carries heavier penalties under NIRC section 254. The BIR may assess deficiency taxes through audit, and taxpayers may contest assessments administratively and, if necessary, before the Court of Tax Appeals. Withholding agents who fail to remit withheld taxes face the same surcharge and interest plus potential criminal liability.
Sources and References
- Bureau of Internal Revenue, Income Tax (bir.gov.ph/income-tax)
- Bureau of Internal Revenue, BIR Forms list and Form 1700/1701/1701A/1701Q guidelines (bir.gov.ph/bir-forms)
- PwC Philippines, Taxes on Personal Income, Tax Summaries (taxsummaries.pwc.com/philippines/individual/taxes-on-personal-income)
- Republic Act 10963 (TRAIN), Official Gazette (officialgazette.gov.ph)
- Republic Act 11534 (CREATE), Official Gazette (officialgazette.gov.ph)
- Grant Thornton Philippines, Annual Income Tax Return Filing and Payment Guidelines (grantthornton.com.ph)