I. Partnership Defined
I. Partnership Defined
I. Partnership Defined
Partnership
I. Partnership Defined
KINDS OF PARTNERSHIP
It shall be noted, however, that the tax exemption of GPPs shall pertain
only to its ordinary income. Hence, a GPP is subject to final withholding taxes on its
passive incomes as well as capital gains tax.
Partners shall be liable for income tax only in their separate and individual
capacities. Each partner shall report as gross income his or her distributive share
(actual or constructive) in the net income of the partnership. Income payments
made periodically or at the end of the taxable year made by a GPP to the partners,
such as drawings, advances, sharings, allowances, stipends, etc. is subject to 15%
creditable withholding tax if the amount of income payment is more than P720,000,
otherwise, 10% (RR 11-2018; TRAIN Law).
FORMULA:
Gross income Pxx
Operating expenses (xx) *Part of returnable
Net income Xx* income of the
Add: Other tax exempt income Xx** partners.
Passive Income subject to final taxes (net) Xx**
Capital gains subject to capital gains tax (net) Xx** **Non-returnable
DISTRIBUTABLE INCOME of the partnership Pxx income of the
x Profit and Loss Percentage of a partner X% partners.
DISTRIBUTIVE SHARE of a partner Pxx
2) Taxable Partnerships
Partnerships (other than general professional partnerships, whether registered or not), for
income taxation purposes, are considered as corporations and are therefore taxed as such.
Consequently, partners are considered shareholders, and therefore, profits distributed to
them are considered as dividends subject to final withholding tax. Being a final tax the share
Partnership
of a partner in the net income of a partnership subject to tax is not returnable in the
partner's personal income tax return. Distributive Share is equal to each partner’s
distributive share of the net income declared by the partnership for a taxable year net of tax.
TYPES:
General Co-Partnerships- are partnerships, which by law are assimilated within the
context of, and so legally contemplated as corporations.
Unregistered business partnerships
Unregistered joint ventures
Consequently, this amount shall not be included in the computation of a Partner’s taxable net
income.
3) If the GPP avails OSD in computing its net income, the 3) same
partners can no longer claim further deduction from
their share in the said net income.
4) The type of deduction (itemized or OSD) chosen by the 4) The partners are free to
GPP must be the same type of deduction that can be choose between
availed of by the partners. itemized or optional
standard deduction,
5) If the partner also derives other gross income from regardless of the type of
trade, business or practice of profession apart and deduction chosen by the
distinct from his share in the net income of the GPP, GPP
the deduction that he can claim from his gross income
would follow the same deduction availed of from his
partnership income. Provided, however, that if the 5) Same with item #4
GPP opts for the OSD, the individual partner may still
claim 40% of its gross sales/receipts from trade,
business or practice of profession but not to include
his share from the net income of the GPP.
--------------------------------QUIZZER……………………...……………..
1. Partnership is formed by persons for the sole purpose of exercising their profession, no part of
the income of which is derived from engaging in any business.
a Joint venture
b. General professional partnership
c. Trading partnership
d. Joint accounts
Answer: B
2. A general professional partnership is exempt from income tax, but is required to file an income
tax return
a. For statistical purposes.
b. Because the net income of the partnership will be traced into the income tax return
of the partners.
c. Because all income earners are required to file income tax returns.
d. None of the above.
Answer: B
Answer: A
Answer: C
5. Which of the following statements is false?
a. Registered general professional partnerships are subject to income tax.
b. A partners' share in the net profits of a general professional partnership is
not compensation income.
c. A limited partnership is considered, for tax purposes, a corporation and the partnerships
thereof likened to stockholders.
d. Tax income taxation rules application to corporations likewise apply to
informal partnerships.
Answer: A
Answer: B
Answer: A
8. Pedro and Ana contributed money and purchased five (5) hectares of land in 2017. In the same
year, they sold the land a higher price. In 2018 they bought a bigger parcel and sold it after three
(3) months at double the price. They paid the corresponding capital gains taxes.
Q1: Have they formed an unregistered partnership subject to tax?
QZ: Are their respective shares in the income taxable to them?
a. Yes, Yes c. Yes, No
b. No, Yes d. No, No
Answer: B
The purchase and subsequent sale of subsequent sale of a bigger parcel of
land was isolated. Hence, they are taxable on their own capacity as individual
taxpayers.
9. When their parents died, Romeo and Juliet inherited five (5) hectares of land in Isabela. They
decided to invest capital and developed the land into a subdivision being sold either on
installment or cash basis
Q1: Is a partnership created by Romeo and Juliet?
Q2: Are they subject to final tax on their respective share in the income
a. Yes, No c. Yes, Yes
b. No, Yes d. No, No
Answer: C
10. Statement 1: A CPA and a Dentist may form a GPP or an ordinary partnership.
Statement 2: Partnership and Corporation have separate juridical personalities from the
owners.
a. Statements 1 & 2 are false
b. Statement 1 is true but statement 2 is false
c. Statement 1 is false but statement 2 is true
d. Statements 1 and 2 are true
Answer: C
Statement 1 is false. They can form an ordinary partnership but not a GPP because
they have different professions.
11. Statement 1: A Partner of a GPP is not required to include in his personal gross income his
share in the distributable income of the GPP
Answer: A
Statement 1 is false. Share in the income of a GPP is a returnable income or ordinary
income which shall be included in the partner's ITR.
Partnership is a contract. It is perfected through meeting of the minds.
Hence, corporations and other juridical persons cannot form a partnership because they
are incapable of giving consent. However, juridical persons may form a joint venture.
12. Statement 1: The distributive share of a partner in the net income of a taxable partnership is
equal to each partner's distributive share of the net income declared by partnership for a taxable
year after deducting the corresponding corporate tax.
Statement 2: If a taxable partnership sustains net operating loss, the partners entitled to deduct
their respective shares in the net operating loss from the gross income.
a. Statements 1 & 2 are false
b. Statement 1 is true but statement 2 is false
c. Statement 1 is false but statement 2 is true
d. Statements 1 and 2 are true
Answer: B
13. Statement 1: For purposes of computing the distributive share of the partners of a general
professional partnership, the net income of the partnership shall be computed in the same
manner as a corporation.
Answer: D
14. The partner's share in the profits of a general professional partnership is regarded as received
by the partners although not yet distributed. This concept of income reportin g under the Tax
Code is known as:
a. Installment basis of reporting income
b. Accrual basis of reporting income
c. Constructive receipt basis of reporting income
d. Hybrid method of reporting income
Answer: C
15. Statement 1: If the amount to be distributed to a partner of a GPP is more than P720,000 , it
is subject to 15% creditable withholding tax.
Statement 2: The share of a partner in a GPP is subject to final withholding tax of 10% if the
amount is below P720,000 .
Answer: C
16. Statement 1: A GPP shall not be subject to Income Tax.
Statement 2. Income payments to a GPP shall be considered exempt from withholding tax
a. Statements 1 & 2 are false
b. Statement 1 is true but statement 2 is false
c. Statement 1 is false but statement 2 is true
d. Statements 1 and 2 are true
Answer: D
Answer: D
“A” is wrong. Share in income from GPP's operations is subject to CWT.
“B” is wrong. Share from the GPP's passive income is non-returnable income of the
partner.
“C” is wrong. Share in GPP's capital gains subject to CGT is part of the distributable
income of the partner.
Answer: B
“A” is wrong. Share in income from GP's operations is subject to FWT.
"C" is wrong. Share from the GP's capital gains subject to CGT shall be part of
the distributable income and shall be subject to FWT.
"D" is wrong. It shall be subject to FWT
19. Statement 1: The share of the partner in the gross income of the GPP is added to his own
gross income.
Statement 2: The share of the partner in the net income of a GPP is also considered passive
income.
a. Statements 1 & 2 are false
b. Statement 1 is true but statement 2 is false
c. Statement 1. is false but statement 2 is true
d. Statements 1 and 2 are true
Answer: B
Share in income of a GPP is treated as ordinary income subject to basic tax. Share in
income of a GP is treated as a dividend income, a passive money subject to a final
withholding tax.
Answer: C
Statement 1 is false. Co-ownership is non-taxable while a partnership is
generally taxable as corporation.
Statement 2 is correct. Ordinary partnership or general partnership, for income taxation
purposes, is taxable as a corporation.
21. Prior to the effectivity of the TRAIN Law, If the GPP chooses itemized deductions, the
partners comprising it must also claim itemized deductions under RR 2-2010, which are in the
nature of ordinary and necessary expenses for the practice of profession that were “not claimed
by the GPP” during the year such as:
a. Representation expenses incurred by the partner where the covering receipt
or invoice is issued in his name.
b. Travelling expenses while away from home which were not liquidated by
the partnership
c. Depreciation of a car used in the practice of profession where said car is registered in
the name of the partner:
d. All of the above
Answer: D
22. Which of the following statements is incorrect assuming the taxable year is prior to 2018?
a If the GPP avails of the OSD in computing its net income, the partners can no longer
claim further deductions from their share in the net income of the GPP
b. OSD covers or in lieu of the itemized deductions allowed to both the GPP or the
“partner(s)
c. Both "a" and "b"
d. Neither “a” nor “b”
Answer: D
Answer: A
24. Statement 1: GPP's may claim the 40% OSD in the determination of distributable income.
Statement 2: A GPP is subject to income tax.
a. Only statement 1 is correct
b. Only statement 2 is correct
c. Both statements are correct
d. Both statements are incorrect
Answer: A
Use the following data for the next four (4) questions:
Bobadilla, Trinidad and Company (BTC) is a general professional partnership, with Bobadilla,
married, and Trinidad, single, participating equally in the income and expenses. The following are
the data for the partnership and the partners during 2017 taxable year:
Additional information:
Bobadilla uses his personal car in going to meetings with various clients. His expenses to
such meetings amounted to P35,000 . The said amount was not included in the expenses
claimed by the partnership.
25. The distributive share of Bobadilla from the partnership profit is:
a. P300,000 c. P640,000
b. P125,000 d. P30,000
Answer: B
Solution:
Gross revenue P1,000,000
Cost of direct services (400,000)
OPEX (350,000)
GPP's net income P250,00
0
Divide 2
Distributive share/partner P125,00
0
Answer: B
Share in GPP's income P125.000
Bobadilla's Gross sales 400,00
0
Cost of direct services (250,000)
OPEX (70,000)
Additional expenses (35,000)
Basic exemption ** (50,000)
Taxable net income P120,000
**Personal
exemptions are still allowed prior to the effectivity of TRAIN Law.
The additional expenses incurred by Bobadilla amounting to P35,000 is allowable
deduction from the gross income of the partner provided such expenditures were
not yet claimed by the GPP and that the GPP is using itemized deductions.
27. The taxable income of Bobadilla if the Partnership is engaged in trade or business is:
a. P220,000 c. P155,000
b. P120,000 d . P30,000
Answer: D
Bobadilla's Gross sales 400,000
Cost of direct services (250,000
)
OPEX (70,000
)
Basic exemption** (50,000
)
Taxable net income P30,000
28. The taxable income of Bobadilla if the Partnership opted to use Optional Standard Deduction
is:
a. P220,000 c. P155,000
b. P120,000 d. P370,000
Answer: D
Solution:
GPP's Gross Income (P1M – 400k) P600,000
X 60%
GPP's net income using OSD P360,000
Divide 2
Share in GPP's income per partner P180,000
Bobadilla's Gross sales P400,000
X 60% ***
Bobadilla's net income from business P240,000
Basic exemption (50,000 190,00
) 0
Taxable net income P370,000
*** Prior to the effectivity of the TRAIN Law, if the GPP chooses itemized deductions,
the partners comprising it must also claim itemized deductions If GPP chooses OSD, the
partners shall likewise use OSD. Under the TRAIN Law, the partners may choose
between itemized or OSD.
OSD is in lieu of itemized deductions (OPEX).
OSD is 40% of gross income if the taxpayer is a corporation or partnership However, in
case of individual taxpayers or partners of a GPP, the 40% OSD shall be based on gross
sales or receipts.
Use the following data for the next five (5) questions:
Garcia, Ramos, Toribio and Co., CPAS (GRT & Co.), are partners of an accounting firm. The 2018
financial records of the firm disclosed the following:
Service Revenue P4,490,000
Cost of Services 1,610,000
Operating expenses 800,000
Rental income 500,000
Interest income from bank deposit 200,000
Interest income from from FCDS deposit 280,000
Ramos is also engaged in business with the following data for the year:
Sales P2,500,000
Cost of Services 1,250,000
Operating 550,000
Expenses
Answer: D
Net income of the firm firm (4,490k-1,610k-800k+500) P2,580,000
Interest income from bank deposit, net (P200,000 x 80%) 160,000
Interest income from FCDS transaction, net (P280,000 x 85%) 238,000
Total distributable income of the GPP P2,978,000
Divide 3
Distributive share/partner P992,66
7
30. How much is the distributive share of each partner in the total income of the GPP?
a. P992,667 c. P2,578,000
b. P1,019,333 d. P2,976,000
Answer: A
Answer: C
Solution:
Net income from GPP's operations P2,580,000
Divide by 3
Share in GPP's ordinary income per partner P860,00
0
Add: Ramos' own net income (2.5M-1.25M-550k) 700,000
Taxable net income of Ramos P1,560,000
The partners' share in the other income of the GPP (i.e., subj. to FWT and CGTs) are non-
returnable income of the partners.
32. How much is the taxable income of Ramos in 2018 assuming GRT & Co. opted to use Optional
Standard deduction?
a. P1,376,000 c. P1,692,000
b. P1,426,000 d. P1,860,600
Answer: "A"
Solution:
GPP's Gross Income (4,490K-1,610k+500k) P3,380,000
X 60
%
GPP's net income under OSD P2,028,000
Divide 3
Share of Ramos in the ordinary income of the GPP P676,00
0
Add: Ramos' own net income (2.5M-1.25M-550k) 700,000
Taxable net income of Ramos P1,376,000
Under the TRAIN Law, the partner may use either itemized deduction or OSD.
Under the TRAIN Law, apply OSD only if the taxpayer indicated the same in its ITR.
Hence, unless clear, itemized deduction must be applied.
33. How much is the taxable income of Ramos in 2018 assuming the GPP and the partner opted
to use Optional Standard deduction?
a. P1,376,000 c. P1,692,000
b. P1,426,000 d. P2,176,000
Answer: "D"
Solution:
GPP's Gross Income (4,490K-1,610k+500k) P3,380,00
0
x 60%
GPP's net income under OSD P2,028,00
0
Divide 3
Share of Ramos in the ordinary income of the GPP P676,00
0
Add: Ramos' own net income using OSD (P2.5M X 60%) 1,500,00
0
Taxable net income of Ramos P2,176,00
0
The basis of OSD for individual taxpayers is either Gross Sales or Receipts
34. TGT & Co. is a general partnership in trade and on its fifth year of operations. During current
taxable year, it had a gross profit from sales and business expenses P2,000,000 and P1,000,000,
respectively. T, G, and T share equally in the profits a losses of the partnership. The income tax
due of the partnership is:
a. P 40,000 c. P640,000
b. P300,000 d. P 0
Answer: B
GP's Gross Income P2,000,000
OPEX (1,000,000)
Net income P1,000,000
x 30%
Income Tax Due P300,000
35. The income tax payable of the partners as a consequence of being a partner in
the Partnership is:
a. P 0 c. P77,000
b. P68,000 d. P70,000
Answer: A
Partners' share in the net income of a GP is treated as dividend income, s ubject to
FWT. Hence, the amount received by the partners are net of the applicable tax on
the income they received. Final tax withheld constitute full payment of the tax due.
36. TG Partnership reported for a year net profit from trading amounting to P800,000. The other
income included interest income of P8,000, net of 20% final withholding tax, and dividend
income from domestic corporation of P20,000. Assuming T and G share profits and losses
equally, how much is the final withholding tax on the distributive share of T in the earnings of
that partnership?
a. P28,700 c. P28,000
b. P28,600 d. P29,400
Answer: D
GP's net profit, net of RCIT (P800,000 x 70%) P560,000
Interest income net of FWT 8,000
Dividend income (tax exempt) 20,000
Total distributable income P588,000
Divide 2
Share in income of the GP (per partner) P294,000
x tax rate 10%
Income Tax Due P29,400
37. Juan and Ponce are partners in a business partnership sharing profits and losses in the ratio
of 55:45. The following data on income and expenses of the partnership for 2018 show:
Gross income P750,000
Expenses 200,000
Dividend received from a domestic corporation 20,000
Bank interest income, Metrobank (gross of 100,000
withholding tax)
What are the correct amounts of final taxes withheld on the respective shares of
Juan and Ponce in 2018 partnership income?
Juan Ponce
a. P21,175 P17,325
b. 26,675 21,825
c. 25,025 20,475
d. 25,116.50 20,587.50
Answer: B
GP Juan Ponce
GP's gross income P750,000
OPEX (200,000)
GP's net income P550,000
X 70%
GP's net income, net of tax P385,000
Interest income net of FWT 80,000
Dividend income 20,000
Total distributable income of the GP P485,000
x share in income 55% P266,750
x share in income 45% P218,250
x tax rate 10% 10%
FWT P26,675 P21,825
38. In 2018, Louie and Floyd are partners in the following partnership:
Business
Partnership GPP
Gross income P800,000 P500,000
Deductible expenses 420,000 375,000
Additional Information:
Partners agreed to share partnership income and losses as follows: Louie = 30%
(married with 2 dependent children); Floyd = 70% (single but supporting her 15 year
old sister living with and dependent upon him for chief support).
Answer: A
Solution:
Business
Partnership GPP
Gross income P800,000 P500,000
Deductible expenses (420,000) (375,000)
Net or Taxable income P380,000 P125,000
Tax rates 30% -
Income tax due/payable P114,000 EXEMPT
Answer: A
LOUIE AND FLOYD LOUIE FLOYD
Gross Income P 325,000 P 380,000
Deductible expenses (117,000) (205,000)
Dividend from foreign corporation 12,000 8,250
Prize, supermarket raffle - 7,500
Share in income of GPP 37,500 87,500
Taxable income P257,500 P278,250
Income tax payable (TRAIN Law) P1,500 P5,650
NOTE:
The share in the net income of the business partnership, the dividend income from a
domestic corporation and royalty from books are subject to a final tax rate of 10%.
The prize in a supermarket raffle by Louie (more than P10,000) is subject to 20% mina
tax