Active vs. Passive Income | Income from Business | Income Sources | Income | Income Tax | National Internal Revenue Code of 1997 (NIRC), as amended by R.A. No.… | TAXATION LAW

In the context of the National Internal Revenue Code of 1997 (NIRC), as amended by the Tax Reform for Acceleration and Inclusion (TRAIN) Law and the Ease of Paying Taxes Act (Republic Act No. 11976), it is critical to dissect the distinctions between active and passive income within the domain of income from business.

1. Income from Business in the Philippine Tax Code

Income from business generally refers to revenues generated by individuals or entities engaged in business activities. Under the NIRC, as amended by the TRAIN Law, “business income” is typically classified as income generated through the conduct of trade or business, often involving continuous or regular engagement in activities geared towards the sale of goods or services for profit. Business income encompasses both active and passive income, but each type is treated differently for tax purposes.

2. Active vs. Passive Income

The distinction between active and passive income is vital as it influences the tax treatment and reporting requirements for different types of income. Let’s examine each of these in detail:

A. Active Income

Active income from business activities refers to earnings generated through direct engagement in the operations and management of the business. This includes income that requires the taxpayer's substantial involvement in the business activities that produce the revenue.

• Examples of Active Income:

  • Income from Sale of Goods or Services: Revenue generated from the sale of goods, products, or services where the taxpayer actively participates in the business.
  • Income from Professional Services: Earnings from the provision of professional services where the taxpayer (such as an individual practitioner) is personally involved in delivering the service.
  • Income from Contractual Work or Projects: Fees received from completing projects, contractual work, or any income where the taxpayer’s time, effort, and expertise are directly applied.

• Tax Treatment of Active Income:

  • Active business income is typically subject to graduated income tax rates under the NIRC, with tax rates depending on the taxable income and whether the taxpayer is an individual, corporation, or other legal entity.
  • For Individuals (Residents and Citizens): Income tax is imposed on a progressive basis, with rates outlined in the TRAIN Law, ranging up to 35% for income exceeding Php 8 million.
  • For Corporations: Domestic corporations and resident foreign corporations are subject to a corporate income tax of 20% or 25%, depending on gross sales or receipts.

B. Passive Income

Passive income, on the other hand, refers to earnings generated with minimal or no active participation from the taxpayer in the income-generating activity. Passive income is typically derived from investments, rental activities, or other revenue streams that do not require the taxpayer’s direct involvement in operational activities.

• Examples of Passive Income:

  • Interest Income: Interest earned on deposits or investments.
  • Dividends: Earnings from shares of stocks in domestic or foreign corporations.
  • Rental Income: Revenue from leasing real or personal property, subject to certain exceptions where the income might be considered active based on significant involvement.
  • Royalties: Earnings from the use of intellectual property or natural resources, where taxpayer participation is limited.

• Tax Treatment of Passive Income:

  • Passive income is generally subject to final withholding taxes, meaning the income tax is withheld at source and remitted directly to the Bureau of Internal Revenue (BIR). The rates are generally lower than those imposed on active income.
  • Interest and Dividend Income: The final tax rate is typically 20% for interest earned within the Philippines. Dividends paid by domestic corporations to individual citizens and resident aliens are subject to a 10% final withholding tax.
  • Royalties: A 20% final withholding tax is levied on royalties earned within the Philippines.
  • Rental Income: Although rental income may appear to be passive, it can be classified as active if the taxpayer is significantly involved in property management. Passive rental income is taxed at a final tax rate of 5% or 10% under certain conditions.

3. Significance of Active vs. Passive Income Classification

The classification of income as active or passive has significant implications:

• Tax Compliance: Different reporting and tax compliance rules apply based on the income classification. Passive income subjected to final withholding tax does not require further reporting on the taxpayer’s income tax return, as the tax is already deemed paid.
• Deductions and Exemptions: Active income generally qualifies for various deductions and exemptions, which may reduce the overall tax liability. Passive income, being subject to final tax, typically does not allow for deductions.
• Availability of Tax Credits: Taxpayers earning active income from business may be entitled to certain tax credits, depending on the nature and source of their income. Passive income, particularly when earned overseas, may also qualify for foreign tax credits but only if certain requirements are met under the NIRC.

4. Key Amendments under the TRAIN Law and R.A. No. 11976

The TRAIN Law and the Ease of Paying Taxes Act introduced several amendments impacting the treatment of active and passive income:

• TRAIN Law Adjustments: The TRAIN Law modified the income tax structure, adjusted withholding tax rates on passive income, and reduced the corporate income tax rate over a phased period. It also implemented changes to income brackets, affecting both active and passive income earners.
• Ease of Paying Taxes Act: R.A. No. 11976 introduced provisions aimed at streamlining tax compliance and reducing administrative burdens, particularly for small businesses. By simplifying tax filing procedures and extending payment deadlines, it encourages compliance among business operators, especially those with active income.

5. Summary

The NIRC, as amended by the TRAIN Law and R.A. No. 11976, provides clear distinctions between active and passive income from business activities. Understanding these distinctions is critical for compliance and tax planning:

Income Type	Examples	Tax Treatment
Active Income	Sale of goods/services, professional fees, contractual projects	Graduated tax rates for individuals, 20-25% corporate income tax for corporations
Passive Income	Interest, dividends, royalties, rental income	Final withholding taxes, generally 10-20%

Conclusion

Active and passive income classifications are central to the Philippine tax framework, affecting tax rates, compliance obligations, and the overall tax planning strategy for businesses and individual taxpayers alike. Familiarity with the nuances of these classifications allows taxpayers to optimize their tax positions and ensure full compliance with the National Internal Revenue Code, as amended by recent tax reform laws.